CITY OF CORTEZ 123 ROGER SMITH AVENUE CORTEZ, CO 81321
March 5, 2024
Agenda Item: 4.b.
MEMO TO:
Planning and Zoning Commission
FROM:
Cheryl Lindquist, Permit Technician/Deputy City Clerk
SUBJECT:
Resolution No. 3, Series 2024
BACKGROUND
The .66 acre parcel located at TBD Driscoll (the "Property") is currently zoned R2, Residential Multi Family. The applicant, with written permission from the owner, is requesting a rezone to MH, Residential Manufactured Housing Zone. The two districts have similar use standards and the same density standards. The major difference is that the MH District allows for manufactured homes, manufactured home parks and manufactured home subdivisions while requiring conditional use permits for multi-family uses.
ISSUES
Sec. 6.02 of the Land Use Code establishes the following criteria for a zoning amendment: 1. Items for Consideration in Zoning Amendments. The planning commission shall in its action on the rezoning request, consider the following: a. Was the existing zone for the property adopted in error? b. Has there been a change of character in the area (e.g. installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.)? c. Is there a need for the proposed rezoning within the area or community? d. Are the proposed uses compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? e. Will there be benefits derived by the community or area by granting the proposed rezoning? f. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended? g. Is the proposal in conformance with the policies, intents and requirements of the Cortez comprehensive plan? h. Does the proposed change constitute "spot zoning?"
RECOMMENDATION
Staff recommends approval of the rezoning request through P&Z Resolution No. 3, Series 2024. If the Planning and Zoning Commission so chooses to follow the recommendation of Staff, the Commission can make the motion that Council approve the requested rezone from R-2 to MH for property located at TBD Driscoll Rd, Cortez, as submitted by Casey Spitzer, with written permission from the owner through P&Z Resolution No. 3, Series 2024, with the following findings: a. The property is adjacent to and accessed through neighborhoods developed and zoned MH. b. The community will benefit from use of the property by the development of a currently vacant parcel within City limits. c. Adequate facilities are available to be extended to serve development for the type and scope suggested by the proposed zone. d. The proposal is in conformance with the policies, intents and requirements of the Cortez comprehensive plan.
