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Home My WebLink AboutFOSSIL CREEK ESTATES REZONING - 50 92E - REPORTS - RECOMMENDATION/REPORTITEM NO. 19 MEETING DATE 1-24-94 6gi STAFF Kirsten Whetstone City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Fossil Creek Estates Rezoning #50-92E APPLICANT: Fossil Creek Partners c/o Jim Sell Design 117 E. Mountain Ave. Fort Collins, CO 80524 OWNERS Dr. Richard Wuerker 363 W. Drake Road Suite 6 Fort Collins, CO 80526 PROJECT DESCRIPTION: Request to rezone approximately 31.12 acres located west of South Shields Street, approximately one mile south of Harmony Road, and approximately one quarter mile west of the southwest corner of Shields Street and Fossil Creek Drive (extended). The property is currently undeveloped. The existing zoning is T, Transition, and the proposed zoning is RLP, Low Density Planned Residential, with a Planned Unit Development (PUD) condition. RECOMMENDATION: Staff recommends approval of the rezoning request. EXECUTIVE SUMMARY: This is a request to rezone approximately 31.12 acres located one quarter mile west of South Shields Street and approximately one mile south of Harmony Road at Fossil Creek Drive (extended). The rezoning consists of one parcel of land under single ownership. The proposed zoning is RLP, Low Density Planned Residential, with a Planned Unit Development (PUD) condition. The existing zoning is T, Transition, a zoning district for properties which are in a transitional stage with regard to ultimate development. The owner has petitioned the City to remove the property from the T Zoning District and place it in the RLP Zoning District. The applicants propose to develop this property with single family lots at a density of 3 dwelling units per acre. The proposed zoning of RLP is compatible with surrounding zoning and land uses and is in conformance with policies of the City's Land Use Policies Plan and the Intergovernmental Agreement. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Fossil Creek Estates Rezoning, #50-92E January 24, 1994 P & Z Meeting Page 2 Backaround The owner of this property submitted a petition both for annexation and zoning, requesting the RLP Zoning District, on August 3, 1993. The Planning and Zoning Board considered the request at the September 27, 1993 hearing and recommended approval of both the annexation and zoning requests. City Council approved the requests on First Reading at the October 19, 1993 meeting, on the consent agenda. On November 2, 1993 Council approved the annexation request on Second Reading and placed the property in the T District. Council moved to reconsider the Zoning Ordinance. On December 21, 1993 the Council again placed the property in the T District. The property to the north, the Seven Springs/Hahn Annexation, known as the Cathy Fromme Prairie, was annexed to the City of Fort Collins on April 1, 1986. The owners had no immediate development plans for the property and requested the property be placed in the T, Transition Zone. The property to the east, known as the Wuerker Annexation, was annexed to the City on January 5, 1993 and because the owner had development plans for a single family subdivision, the property was placed in the RLP Zoning District, with a PUD condition. The property to be zoned consists of one parcel under single ownership. The current owner is: Dr. Richard Wuerker 363 W. Drake Road, Suite 6 Fort Collins, CO 80526 Zoning The property is currently zoned T, Transition. The proposed zoning for this annexation is RLP, Low Density Planned Residential, with a PUD condition. The RLP District designation is for areas of low density residential development. The applicant intends to develop this property at a minimum density of 3 DU/acre. The T Zoning District does not permit any use, except such as existed on the date the property was placed in this District. According to Section 29-423 of the Code: "The owner of any property in the T District may at any time petition the city to remove the property from this zoning district and place it in another zoning district. Any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which Fossil Creek Estates Rezoning, #50-92E January 24, 1994 P & Z Meeting Page 3 is scheduled at least fifteen (15) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the Board, the City Council shall change the zoning for the property in question to another zoning district authorized under this Chapter.01 On January 7, 1994 the applicant filed a petition with the City Clerk, requesting that the property be placed in the RLP, with a PUD condition, Zoning District. The proposed RLP zoning is compatible with surrounding zoning and land uses. The property to the north is in the T-Transition Zoning District and has recently been dedicated as the Cathy Fromme Prairie, a Natural Open Space area. The property to the east is zoned R-L-P with a PUD condition. Properties to the south and west, in the County, are zoned FA-1, Farming, and consist of large rural parcels. Neighboring subdivisions within the City limits (within one half mile) include Clarendon Hills (zoned RLP) and the Ridge (zoned RLP). Subdivisions in the County include, Scenic Knolls, Ader Acres, Applewood Estates, and Midway Subdivision. The proposed zoning of RLP for low density residential development within the Urban Growth Area is compatible with the surrounding zoning and land uses and meets the following land use policies of the City of Fort Collins: Policy #12 in Land Use Policies Plan states: "Urban density residential development usually at three or more units to the acre should be encouraged in the urban growth area." Policy #13 of the Land Use Policies Plan states: "Rural density residential development usually at one or less units to the acre shall not be allowed in the urban growth area." The property is located on the fringe of current urban development. The large residential lots to the north, in the Ridge Subdivision, are separated from this parcel by the one-half mile wide City Open Space Area. The vacant property to the east, known as the Wuerker Annexation is zoned RLP. The large residential lots to the east, known as Clarendon Hills, are zoned RLP and are separated from this parcel by Shields Street and the Wuerker parcel. An irrigation canal separates this property from the undeveloped rural parcel to the south, which is also within the UGA and zoned FA-1 in the County. Fossil Creek Estates Rezoning, #50-92E January 24, 1994 P & Z Meeting Page 4 Staff is recommending a PUD condition because the property is located adjacent to a City Natural Area, has wetland areas on site, and there are other environmental concerns, which are more successfully considered by the PUD process than by the current subdivision code. Additionally, the adjacent property to the east, which has PUD conditional zoning, is being combined with this property for development. A PUD condition is consistent with zoning in the area. The City's Natural Resources Staff has reviewed this request for rezoning. The Staff believes that the RLP Zoning District is an appropriate designation, given the location of the City's Natural Area, within an urban setting. The Natural Area was purchased of sufficient size to provide it's own buffer to surrounding urban level development. Site specific environmental concerns, such as wetlands and wildlife impacts, relating to PUD development proposals for this property will be addressed through appropriate criteria of the Land Development Guidance System. Findings 1. on September 7, 1993, City Council considered a resolution setting forth the intent to annex this property and establishing the date of public hearing for the annexation and zoning ordinances. Ordinance to annex the property was approved by City Council on October 19, 1993. Ordinance to zone the property T, Transition, was approved by City Council on December 21, 1993. 2. The requested zoning of RLP, Low Density Planned Residential with a PUD condition, is in conformance with the policies of the City's Land Use Policies Plan and the Intergovernmental Agreement and is compatible with the surrounding zoning districts and existing land uses. 3. The zoning of this property is required according to Section 29-423 of the Code of the City of Fort Collins. 4. On January 7, 1994 the applicant filed a petition, requesting to be removed from the T, Transition, District and be placed in the RLP, Low Density Planned Residential, District with a condition that the entire above described property be developed as a planned unit development (PUD) in accordance with the Ordinances of the City. 5. Site specific environmental concerns, such as wetlands and wildlife impacts, relating to PUD development proposals for this property will be addressed through appropriate criteria of the Land Development Guidance System. Fossil Creek Estates Rezoning, #50-92E January 24, 1994 P & Z Meeting Page 5 RECOMMENDATION: Based on the above findings of fact, Staff recommends approval of the Fossil Creek Estates Rezoning- 50-92E. • M m m ITEM: NUMBER: C Miciway Dr u v m o � 'c W �,°H�rsdaiece ♦� D►. Lin un o ' � = Ashford Ln. d � 2 r 4i�xo Whiteholi °C O Fox Abto' ' Hobe 4 Q ' A 0Q �a Fossil Creen 0' 0 0 Scenic FOSSIL CREEK ESTATES of Drl ""lvICW Ct.