Title
An ordinance establishing a R-5 (Multi-Family High) zone district for 0.23 acres located 4105 Date Street.
(Legislative)
Presenter:
Tamara Baxter, Planning Supervisor, Planning Department
Kevin Walker, Planning Director, Planning Department
Body
Summary:
Owner/Developer: Laurie L Neagle
Representative: Land Development Consultants, Inc - David Hostetler
Location: 4105 Date Street
This project includes concurrent applications for annexation of 1.01 acres, and establishment of zoning 0.23 acres located 4105 Date Street. The proposed zoning will establish an R-5 (Multi-Family High) zone district with the overall annexation to allow for single-family detached residential uses to be established on the property.
The proposed annexation and associated applications were reviewed under UDC (Unified Development Code).
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The review criteria for a Zoning Establishment as set forth in UDC 7.5.704 are noted below.
1. The proposed rezoning is consistent with the goals and policies of the Colorado Springs
Comprehensive Plan, with other plans and policies adopted by the City Council; and with the purpose statement of the proposed zone district(s).
2. The rezoning will not be detrimental to the public interest, health, safety, convenience, or general welfare.
3. The location of the lands in the zoning map area being amended are appropriate for the purposes of the proposed zone district(s).
4. If the application proposes to rezone a small area of land, the application demonstrates that the size, scale, height density, and multimodal traffic impacts of the proposed rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions.
5. If the application proposes to rezone a relatively small area of land, the application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Colorado Springs Comprehensive Plan goals that would be achieved by approval of the application.
6. If a Land Use Plan or amendment to a Land Use Plan accompanies the application, the Land Use Plan or amendment complies with the applicable criteria in in Subsection7.5.514C.3 (Land Use Plan Criteria).
7. The application is consistent with any approved Concept Plans in the area for which the map is being amended or includes or is accompanied by a provision that approved Concept Plans that have been classified as implemented do not have to be amended in order to be considered consistent with an amended zoning map.
8. If the application is for creation of an ADS-O district, the approval criteria applicable to the creation of the text of the ADS-O district in Section 7.2.607D.47.5.702 (Decision) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
9. If rezoning to a PDZ district, the proposed PDZ district provides significant community amenities or other benefits, as determined by the Manager, that promote the achievement of Colorado Springs Comprehensive Plan goals and would not otherwise be required of the applicant under this UDC or other City or governmental regulations.
10. Complies with the additional standards of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)).
Staff finds the proposed application meets the review criteria for a Zone Establishment.
Previous Council Action:
On November 22, 2022, City Council accepted the original petition for annexation. On October 8, 2024, City Council approved a resolution finding the Neagle-Dutcher Family Addition Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of November 12, 2024, to consider the annexation, and directing the City Clerk to provide notices of the hearing in accordance with C.R.S. section 31-12-108.
Financial Implications:
N/A, the proposed annexation falls below the threshold for a Fiscal Impact Analysis.
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted to approve the Neagle-Dutcher Family Addition Annexation and zone establishment at the July 10, 2024, meeting (Vote of 7-0; Chair Foos and Chair Slattery were excused)
Recommended Action
Proposed Motion:
Adopt an ordinance establishing 0.23 acres as a R-5 (Multi-Family High) zone district, based upon the findings that the zone establishment request complies with the criteria for granting a zone establishment as set forth in UDC Section 7.5.704(D).
Deny an ordinance establishing 0.23 acres as a R-5 (Multi-Family High) zone district, based upon the findings that the zone establishment request does not comply with the criteria for granting a zone establishment as set forth in UDC Section 7.5.704(D).
Summary of Ordinance Language
An ordinance amending the Zoning Map of the City of Colorado Springs relating to 0.23 acres located at 4105 Date Street establishing a R-5 (Multi-Family High) zone district.