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HomeMy WebLinkAboutCARGILL REZONING - 11-06 - REPORTS - RECOMMENDATION/REPORTCargill Property Rezoning Request, #11-06 May 18, 2006 P & Z Meeting Page 4 5. Findinas of Fact: In evaluating the request for the Cargill 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. In order for the property to develop or redevelop in any way other than a small addition, which requires a hearing before the Zoning Board of Appeals, a rezoning must take place. B. The subject property is designated on City Structure Plan as "Low Density Mixed -Use Residential'. The request to rezone the property to LMN—Low Density, complies with the City Structure Plan. C. 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 Cargill Property Rezoning, Amendment to the Zoning Map from T — Transition to LMN — Low Density Mixed -Use Neighborhood, and Recommendation to City Council - #11-06. ATTACHMENTS Zoning exhibit Full size Rezoning Map of Cargill Parcel Cargill Property Rezoning Request, #11-06 May 18, 2006 P & Z Meeting Page 3 2. Current Request: The petitioner filed a rezoning petition with the City on April 26, 2006. The petitioner is requesting a rezoning of 29.5 acres from T—Transition to LMN—Low Density Mixed -Use Neighborhood. This rezoning request complies with City Structure Plan and complies with the applicable review criteria by which rezoning requests are evaluated. The City Structure Plan, an element of the City's comprehensive plan, shows how Fort Collins should grow and evolve over the next 20 years. The map designates the subject parcel as "Low Density Mixed -Use Residential". Therefore, the request is in compliance with the City Structure Plan. There are no subarea plans that cover this area. According to Division 2.9 - Amendment of Text of Code and/or Zoning Map, this request to rezone the property is considered a quasi-judicial action since the parcel is less than 640 acres. Therefore, 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. The property is designated as "Low Density Mixed -Use Residential" on the City Structure Plan which matches the requested zone district. Therefore, the request complies with this criterion. Once the property is zoned LMN—Low Density Mixed -Use Neighborhood District, the existing use will be classified as an "Existing Limited Permitted Use" and will still be subject to the requirements of Section 1.6 of the Land Use Code with regard to new buildings or expansions. Once zoned however, the applicant would go through the Basic Development Review process, which does not require a public hearing, instead of petitioning the Zoning Board of Appeals for approval of an expansion or addition. Cargill Property Rezoning Request, #11-06 May 18, 2006 P & Z Meeting Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: NE and E: UE—Urban Estate (vacant land and the historic Johnson Barn and homestead); S: LMN—Low Density Mixed -Use Neighborhood (Parkside West under construction), MMN—Medium Density Mixed -Use Neighborhood (Spectrum Independent Living under construction and NC —Neighborhood Center (The Shops at Rigden Farm, existing); W and NW: LMN—Low Density Mixed -Use Neighborhood and MMN—Medium Density Mixed -Use Neighborhood (Sidehill PDP Filings 1 & 2, currently under construction). The Cargill property was annexed into the City as a part of the Timberline Annexation in November of 1997 and placed in the T - Transition District. The Transition District functions as a "holding" zone for existing uses such as farms with no specific development plans and that do not align with current or future zoning trends. No uses are permitted except those that existed on the date the property was placed in this district. No new permanent structures can be constructed on.any land*in this district unless and until rezoned. Subsequently, most of the Timberline Annexation property minus the Cargill property was zoned LMN, MMN and UE. The Johnson ODP included 3 filings of development now known as Sidehill. The City has reviewed and approved 2 of the filings of Sidehill and both are under construction. The 3`d Sidehill filing has not yet been submitted. Cargill, Inc. has remained in the T—Transition Zone District. Cargill has gone before the Zoning Board of Appeals for approval of variances for a couple of expansions: one in 2001 and one in 2003. These expansions were allowed according to Section 1.6.5 of the Land Use Code. PROJECT: Cargill Property Rezoning, Amendment to the Zoning Map from T - Transition to LMN — Low Density Mixed -Use Neighborhood, and Recommendation to City Council - #11- 06 PETITIONER: Steve Stadelmeier Cargill, Inc. 2540 E. Drake Road Fort Collins, CO. 80525 OWNER: Cargill, Inc. P.O. Box 5626 Minneapolis, MN 55440 PROJECT DESCRIPTION: This is a request to rezone 29.5 acres from T—Transition to LMN—Low Density Mixed -Use Neighborhood. The site is located on the north side of Drake Road, approximately 'h mile east of Timberline Road. It currently contains the Cargill . canola research facility and test fields. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The petitioner filed a rezoning petition with the City on April 26, 2006. The petitioner is requesting a rezoning of 29.5 acres from T—Transition to LMN—Low Density Mixed -Use Neighborhood. The requested zone district complies with the City's Structure Plan.