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Home My WebLink AboutWHITHAM PROPERTY - REZONE - 24-02A - CORRESPONDENCE - CITIZEN COMMUNICATIONNo Text Whitham Property Rezoning Request, #24-02A August 7, 2003 P & Z Meeting Page 4 East Mulberry Corridor Plan Framework Plan, both which match the requested zone district. Therefore, the request complies with this criterion. 5. Findings of Fact: In evaluating the request for the Whitham Property Rezoning, Amendment to the Zoning Map from T — Transition to LMN — Low Density Mixed -Use Neighborhood, Recommendation to City Council, Staff makes the following findings of fact: A. The City Plan rezoning in March, 1997 for portions of this property to be placed in the T — Transition District and the annexation and zoning to T - Transition for the remainder of the property in August, 2002 assumed no immediate development. Based on a current intent to development the property, the request to rezone it into the LMN — Low Density Mixed -Use Neighborhood District is necessary. B. The subject property for the Whitham Property Rezoning is designated on City Structure Plan as "Low Density Mixed -Use Residential'. The request to rezone the property to LMN, therefore, complies with the City Structure Plan. C. The subject property for the Whitham Property Rezoning is designated on the Framework Plan map in the East Mulberry Corridor Plan as "Low Density Residential'. The request to rezone the property to LMN, therefore, complies with the East Mulberry Corridor Plan. D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. RECOMMENDATION: Staff recommends approval of the Whitham Property Rezoning, Amendment to the Zoning Map from T — Transition to LMN — Low Density Mixed -Use Neighborhood, and Recommendation to City Council - #24-02A. Whitham Property Rezoning Request, #24-02A August 7, 2003 P & Z Meeting Page 3 The requested zoning for this property is the LMN - Low Density Mixed -Use Neighborhood. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan and East Mulberry Corridor Plan, both part of the City's Comprehensive Plan, presently suggest that Low Density Mixed -Use Residential is appropriate in this location. 2. Structure Plan: The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Low Density Mixed -Use Residential". Therefore, the request is in compliance with the City Structure Plan. 3. East Mulberry Corridor Plan: The East Mulberry Corridor Plan (adopted September, 2002), an element of the City's Comprehensive Plan, is a document that establishes the framework for zoning, land use, transportation planning, and urban & streetscape design for an area along East Mulberry Street bounded by Lemay Avenue to the west, East Vine Drive to the north, and Interstate 25 to the east. Properties in the study area on the south side of East Mulberry Street are bounded on the south by a meandering line that, in essence, represents the current City limits in this area. The Framework Plan map (a copy of the map is attached to this Staff Report) designates the subject parcel as "Low Density Residential." Therefore, the request is in compliance with the East Mulbeny Corridor Plan. 4. Request for LMN Zoning — Section 2.9.4 (H): The request to rezone the 160.3 acre property is considered a quasi-judicial action since the parcel is less than 640 acres. The requested rezoning shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment satisfies the following: Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As previously mentioned, the property is designated as "Low Density Mixed -Use Residential" on the City Structure Plan and as "Low Density Residential" on the Whitham Property Rezoning Request, #24-02A August 7, 2003 P & Z Meeting Page 2 COMMENTS: 1. Background: A. The surrounding zoning and land uses are as follows: N: FA1 in Larimer County; vacant land E: I in City of Fort Collins and Larimer County; vacant land, existing light industrial (Imu-Tek) S: I in Larimer County; vacant land W: T in City of Fort Collins; vacant land Portions of the subject property were annexed as the Buderus First Annexation (30 acres) & Buderus Second Annexation (108 acres) in May, 1992. They were zoned IL - Limited Industrial with a PUD condition. The remaining portion of the subject property was annexed as the Whitham Farms LLC Annexation (20 acres) in August, 2002. It was zoned T — Transition. B. City Plan Rezoning In March of 1997, in order to implement City Plan and Land Use Code, 138 acres of the property now being considered for rezoning (previously zoned IL - Limited Industrial with a PUD condition) were placed in the T — Transition District at the property owner's request. The City Structure Plan that was part of the City Plan at that time showed the subject property to be in the area identified as Low - Density Mixed -Use Residential Neighborhood. Because there was no intent at the time to develop the property, the owner was give the choice of placing the property in either the LMN - Low Density Mixed -Use Neighborhood District or T - Transition District. Since the implementation of the Land Use Code in 1997 an additional 20 acres of the property was annexed and zoned T - Transition because there was no intent at the time to develop the property. This occurred in August, 2002 C. Current Request The petitioner, BHA Design, Inc., filed a rezoning petition with the City on June 23, 2003. The petitioner is requesting a rezoning of 160.3 acres from T — Transition to LMN — Low Density Mixed -Use Neighborhood. The T - District functions as a "holding" zone where no uses are permitted on a property except uses that existed on the date the property was placed in this District. The property is currently vacant. ITEM NO. 3 MEETING DATE 8/7/03 STAFF Steve Olt: Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Whitham Property Rezoning, Amendment to the Zoning Map from T - Transition to LMN — Low Density Mixed -Use Neighborhood, Recommendation to City Council - #24-02A PETITIONER: BHA Design, Inc. c/o Roger Sherman 4803 Innovation Drive Fort Collins, CO 80525 OWNER: Whitham Farms, LLC c/o David W. and Mary E. Whitham 0189 Arrowhead Bluff, Blue River Route Silverthorne, CO. 80498 PROJECT DESCRIPTION: Request to rezone 160.3 acres from T - Transition to LMN - Low Density Mixed - Use Neighborhood. The request is for rezoning of a property located on the south side of East Vine Drive between North Timberline Road (1/2 mile to the west) and Interstate 25 (1/2 mile to the east). The property is currently vacant. RECOMMENDATION: Approval EXECUTIVE SUMMARY: Portions of the subject property were annexed into the City in May, 1992 and placed in the IL — Limited Industrial District with a Planned Unit Development (PUD) condition. They were placed in the T - Transition District as part of the City Plan city-wide rezoning in March, 1997. The remaining portion of the subject property was annexed into the City in August, 2002. It was zoned T — Transition. The T - District functions as a "holding" zone where no uses are permitted on properties in the T - District except uses that existed on the date the property was placed in this district. No new permanent structures shall be constructed on any land in this district. The rezoning request complies with City Structure Plan, the East Mulberry Corridor Plan, and complies with the applicable review criteria by which rezoning requests are evaluated. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT To: , l Lr fea, r' CURRENT Affiliation: PLANNING Phone #: FACSIMILE Fax #: Re: Date:�— Pages: G) City of Fort Collins (including this cover sheet) Ga-ICLtN� -6-TAP Urgent For your revie Reply ASAP Steve Olt, City Planner A)(2--ulc Direct Phone: 970.221.6341 E-mail: soltafcgov.com City of Fort Collins Current Planning 281 North College Avenue Fort Collins, CO 80524 Phone: 970.221.6750 Fax: 970.416.2020 Please Comment