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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - SECOND READING OF ORDINANCE NO. 145, 2020 AMENDING Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY December 15, 2020 City Council STAFF Jason Holland, City Planner Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 145, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Timberline Church Rezoning. EXECUTIVE SUMMARY Adequate notice for second reading of this Ordinance was not published in the Coloradoan. Therefore, Council voted on December 1 to postpone second reading to this December 15, 2020, Council Meeting. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted First Reading on November 24, 2020, amends the City’s Zoning Map to change the zoning designation for the Timberline Church Campus from Low Density Mixed -Use Neighborhood (LMN) to Medium Density Mixed-Use Neighborhood (MMN). The area proposed to be rezoned is approximately 32.79 acres. The applicant proposes the rezoning to support future infill housing on the site and enable higher density housing than would be allowed with the current LMN zoning. Additional c ommercial and institutional uses may also be proposed. The church has been in discussions with CSU regarding a potential land swap to construct an attainable housing project. CSU would donate their 4.76 acres on Timberline Road, and the church will swap 8-10 acres for the CSU property. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 6-0 to recommend approval of the request with condition that the residential density be limited to 20 units per gross acre and that an Overall Development Plan (ODP) precede or accompany the Project Development Plan (PDP). The purpose of the condition of approval is to provide a density limit to help achieve a compatible transition with the surrounding neighborhood because the MMN zone district does not have a maximum density requirement. Additionally, the ODP would help identify the g eneral design parameters for the property - including the general location and nature of proposed uses, transportation circulation, open space, buffers, and drainage features. A traffic study is also required. The ODP is required to be reviewed by the Planning and Zoning Board and would require at least one neighborhood meeting. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 24, 2020 (w/o attachments) (PDF) 2. Ordinance No. 145, 2020 (PDF) Agenda Item Item # Page 1 AGENDA ITEM SUMMARY November 24, 2020 City Council STAFF Jason Holland, City Planner Judy Schmidt, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 145, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Timberline Church Rezoning. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. At the November 17 Regular Meeting, Council voted to continue this item to the Adjourned Meeting on November 24, 2020. The purpose of this item is to amend the City’s Zoning Map to change the zoning designation for the Timberline Church Campus from Low Density Mixed-Use Neighborhood (LMN) to Medium Density Mixed-Use Neighborhood (MMN). The area proposed to be rezoned is approximately 32.79 acres. The applicant proposes the rezoning to support future infill housing on the site and enable higher density housing than would be allowed with the current LMN zoning. Additional commercial and institutional uses may also be proposed. The church has been in discussions with CSU regarding a potential land swap to construct an attainable housing project. CSU would donate their 4.76 acres on Timberline Road, and the church will swap 8-10 acres for the CSU property. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 6-0 to recommend approval of the request with condition that the residential density be limited to 20 units per gross acre and that an Overall Development Plan (ODP) precede or accompany the Project Development Plan (PDP). The purpose of the condition of approval is to provide a density limit to help achieve a compatible transition with the surrounding neighborhood because the MMN zone district does not have a maximum density requirement. Additionally, the ODP would help identify the general design parameters for the property – including the general location and nature of proposed uses, transportation circulation, open space, buffers, and drainage features. A traffic study is also required. The ODP is required to be reviewed by the Planning and Zoning Board and would require at least one neighborhood meeting. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENT 1 Agenda Item Item # Page 2 BACKGROUND / DISCUSSION A. Overview of Main Considerations Five criteria govern the review and findings for proposed amendments to the zoning map. These criteria can be paraphrased as ‘consistent with the comprehensive plan’; ‘warranted by changed conditions’; ‘compatible with surrounding uses’; ‘impacts to the natural environment’; and ‘a logical and orderly development pattern’. These criteria are explained and evaluated in the staff analysis section of this report. The Timberline Church Campus could be a suitable location for densities that are higher than LMN, while still maintaining compliance with the Structure Plan and meeting City Plan Principles and Policies. The property’s close proximity to the Rigden Farm Neighborhood Center meets the purpose of the MMN zone district, which is intended to locate higher density housing in close proximity and with good multi-modal access to a Neighborhood Center. The Neighborhood Center also provides access to a transit hub. The MMN zone is considered a bridging zone district, concentrating density near services and transit by locating MMN near/adjacent to the Neighborhood Center (NC) zone district, with the MMN zone district providing a transition and link between these areas and surrounding lower density LMN zone district areas. Compatibility with surrounding land uses may also be a consideration. There are different land use code standards for the LMN and MMN zones which could affect the overall size and scale of multifamily buildings, should these be proposed. The Planning and Zoning Board recommended a condition of approval that the MMN residential density be limited to 20 dwellings per acre. The main differences between LMN and MMN zoning is that MMN allows higher density and larger multifamily buildings than LMN zoning, as shown in the following table. Code Standard LMN Requirement MMN Requirement Maximum Density (based on gross acres of the residential development) LMN: 9 units/acre overall, and 12 units maximum per phase; 12 units/acre maximum if affordable housing MMN: No maximum per code; P&Z condition of approval recommended to limit residential density to 20 dwellings per acre. Minimum average density: 7 units/acre minimum for developments 20 acres or less; 12 units/acre minimum if over 20 acres Limit on number of units per building LMN: Yes - maximum of 12 dwelling units per building MMN: No maximum Maximum Floor Area (of each building) LMN: The maximum gross floor area (excluding garages) shall be fourteen thousand (14,000) square feet MMN: No maximum Maximum building height of one, two and three-family dwellings LMN: 2.5 stories MMN: 3 stories Maximum Building Height for Multi-family LMN: 3 stories MMN: 3 stories Maximum height for each residential story, and maximum building height to roof peak 12’ 8” maximum for each story, (which equals 38 feet from the finish floor to ceiling of the 3rd floor) No maximum, but “Special Review” required if roof peak is over 40 feet. Agenda Item Item # Page 3 B. Site Context and Development History The 32-acre Timberline Church Campus PUD was first approved in 1999. The approval included two building phases. The first phase was completed and includes the main church building and related parking on the site. A second building phase and parking expansion was envisioned, but never constructed, along the east and southeast portions of the site. The Foothills Channel is located along the south property boundary. Surrounding Zoning and Land Uses North South East West Zoning Rigden Farm Neighborhood Center (NC) Pinecone Apartments PUD (MMN) The Willow at Rigden Farm (LMN) Meadows East (RL) Land Use Commercial Multi-family Single family attached and detached houses Single family detached houses C. Summary of the Review Criteria for Rezoning of Parcels Less Than 640 Acres Only the Council may, after recommendation of the Planning and Zoning Board, adopt an ordinance amending the Zoning Map in accordance with the provisions of Division 2.9. An amendment to the Zoning Map may be proposed by Council, the Planning and Zoning Board, the Director or the owners of the property to be rezoned. To approve a proposed rezoning of 640 acres of land or less (quasi-judicial) the decision maker must find that it satisfies the following criteria: The proposed amendment is: Criterion 1: consistent with the City Comprehensive Plan (City Plan); and/or Criterion 2: warranted by changed conditions within the neighborhood surrounding and including the subject property. The Planning and Zoning Board and Council may consider the following additional factors: Criterion 3: whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; Criterion 4: whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and natural functioning of the environment; Criterion 5: whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. D. Criterion 1: Consistent with the City’s Comprehensive Plan 1. Compliance with the City Structure Plan Map Background: The Structure Plan map serves as a blueprint for the desired future development pattern of the community, illustrating how the community will grow and change over time with a focus on the physical form and development pattern of the community. The Structure Plan Map includes place types-or land use categories- which provide a framework for the ultimate buildout of Fort Collins. These place types provide a policy structure that can apply to several specific zone districts within each place type by outlining a range of desired characteristics. (Attachment 4) Agenda Item Item # Page 4 Timberline Church Campus: The Structure Plan Map includes 13 land use place types, with 5 of the place types considered priority areas where the full infill or redevelopment of these areas has not been realized. The proposed Timberline Campus rezoning is within the Mixed-Neighborhood place type, which is one of the five priority land use areas included in the Structure Plan. The Mixed-Neighborhood place type is the overarching land use designation for both the LMN and MMN zone districts. Because of this, the proposed rezoning from LMN to MMN is consistent with the Structure Plan Map. Should the rezoning be approved, there is no need to amend either the Structure Plan Map or Residential Neighborhood Sign District. 2. Compliance with Structure Plan Mixed-Neighborhood Place Type Characteristics City Plan (p. 98) describes the characteristics and considerations of the Mixed-Neighborhood place type which applies to both the LMN and MMN zone districts. The intent of the characteristics is to guide infill and redevelopment, outline the intended types of land uses, and describe development intensities to encourage within the Mixed-Neighborhood place type. City Plan characteristics described for the Mixed-Neighborhood place type include: a) Place-Type Land Uses: Principal Land Uses in the Mixed-Neighborhood place type: Single-family detached homes, duplexes, triplexes and townhomes. Supporting Land Uses in the Mixed-Neighborhood place type: ADUs, small scale multifamily buildings, small-scale retail, restaurants/cafes, community and public facilities, parks and recreational facilities, schools, places of worship. Both LMN and MMN zones allow similar residential and commercial land uses. Supporting land uses include “small scale multifamily buildings.” There are different land use code standards for the LMN and MMN zones which could affect the overall size and scale of multifamily buildings, if proposed. Based on these standards, staff recommended four conditions of approval to the Planning and Zoning Board to mitigate potential impacts and ensure that all aspects of future development comply with the principles and policies in City Plan. The Planning and Zoning Board recommended approval of the rezoning without the four staff conditions of approval and recommended a different condition of approval to limit the residential density to 20 dwelling per acre. The four staff conditions outlined in the staff report focus on the scale of multifamily buildings and achieving compatibility and appropriate transition within the neighborhood context surrounding the property. (Attachment 9)The discussion from the Planning and Zoning Board was that these factors could be considered upon submittal of a Project Development Plan (PDP), rather than with the rezoning. (Attachment 10) b) Place-Type Density: Between five and 20 principal dwelling units per acre, typically equates to an average of 7 to 12 dwelling units per acre. Overall density within the Mixed-Neighborhood place type around the property is as follows: Projects in the Mixed- Neighborhood Placetype: Total acres: Density: Pinecone Apartments 15 acres 12.89 units/acre Rigden Farm LMN 215 acres 8.9 units/acre Rigden Farm MMN 24 acres 21.4 units/acre Mixed-Neighborhood Totals: 254 14.4 units/acre Agenda Item Item # Page 5 Existing development in the area complies with the Land Use Code standards for the LMN and MMN developments, however some existing development in the area is above the density range and typical average noted in City Plan for the Mixed Neighborhood place type. c) Place-Type Location: New development in Mixed-Neighborhood in place type should be located within walking/biking distance of services and amenities, as well as high-frequency transit, with the Neighborhood Center providing these services as the focal point within Mixed-Neighborhoods. The property is in close proximity to the Rigden Farm Neighborhood Center to the north. Timberline Church Campus could be a suitable location for densities that are higher than LMN, while still maintaining compliance with the Structure Plan and meeting City Plan Principles and Policies. One of the most important considerations for higher density housing is to be located in close proximity and with good multi-modal access to a Neighborhood Center. The proposed Timberline Church housing infill location meets these characteristics, which are described in both City Plan as well as in the purpose statements for the MMN zone district. The neighborhood center provides higher frequency bus service routes along Drake and Timberline consistent with the Transportation Master Plan. Location of larger townhome or multifamily developments into existing single-family neighborhoods should generally be limited to edge or corner parcels that abut and/or are oriented toward arterial streets or an adjacent Neighborhood Mixed-Use District where transit and other services and amenities are available. The intent of this guideline is to avoid situations where larger scale multifamily developments are located in the middle of existing single-family neighborhoods and to reinforce the policy to have higher density housing in close proximity to shopping and services. While MMN is proposed for the Timberline Church Campus, the location is somewhat unique. The MMN housing area proposed does not have frontage directly on an arterial street, and it does not directly abut the commercial Neighborhood Center to the north. However, the proposed MMN housing could be integrated with and oriented to the Neighborhood Center with a private street and pedestrian connections. d) Place-Type Transition: Utilizing “small scale multifamily buildings” as a supporting land use. Where townhomes or multifamily buildings are proposed in an existing neighborhood context, a transition in building height, massing and form should be required along the shared property line or street frontage. Because higher LMN densities have been constructed abutting the property to the east, and MMN exists to the south and north, a rezoning to MMN could be warranted. A comparison of the Land Use Code requirements for LMN and MMN is provided in Section 5 of the Planning and Zoning Board staff report. The discussion from the Planning and Zoning Board is that building height, massing and form could be considered at the time of development review rather than as part of the rezoning. 3. Compliance with City Plan Principles and Policies City Plan provides guidance that the Structure Plan is not intended to be used as a stand-alone tool but should be considered in conjunction with City Plan principles, goals and policies as a tool to guide future growth and development. OUTCOME AREA “LIV” -- NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH - Managing Growth: Agenda Item Item # Page 6 These principles help the City to manage growth by encouraging infill and redevelopment, ensuring this development is compatible with the character of the surrounding neighborhood or area. PRINCIPLE LIV 2: Promote Infill and Redevelopment: POLICY LIV 2.1 - REVITALIZATION OF UNDERUTILIZED PROPERTIES Support the use of creative strategies to revitalize vacant, blighted or otherwise underutilized structures and buildings, including, but not limited to: Infill of existing surface parking lots-particularly in areas that are currently, or will be, served by bus rapid transit (BRT) and/or high-frequency transit in the future. PRINCIPLE LIV 3: Maintain and enhance our unique character and sense of place as the community grows POLICY LIV 3.1 - Public Amenities Design streets and other public spaces with the comfort and enjoyment of pedestrians in mind …such as plazas, pocket parks, patios, children’s play areas, sidewalks, pathways… POLICY LIV 3.5 - Distinctive Design …Development should not consist solely of repetitive design that may be found in other communities. POLICY LIV 3.6 - Context-Sensitive Development Ensure that all development contributes to the positive character of the surrounding area. Building materials, architectural details, color range, building massing, and relationships to streets and sidewalks should be tailored to the surrounding area. PRINCIPLE LIV 4 - Enhance neighborhood livability POLICY LIV 4.2 - Compatibility of Adjacent Development Ensure that development that occurs in adjacent districts complements and enhances the positive qualities of existing neighborhoods. Developments that share a property line and/or street frontage with an existing neighborhood should promote compatibility by: Continuing established block patterns and streets to improve access to services and amenities from the adjacent neighborhood; Incorporating context-sensitive buildings and site features (e.g., similar size, scale and materials); and Locating parking and service areas where impacts on existing neighborhoods-such as noise and traffic-will be minimized. Principle LIV 5 - Create more opportunities for housing choices. POLICY LIV 5.3 - Land for Residential Development Use density requirements to maximize the use of land for residential development to positively influence housing supply and expand housing choice. Staff Comments Related to City Plan Principles and Policies: Taken together, these descriptions and policies establish an expectation that development of this parcel will factor in neighborhood input and achieve compatibility through project design. As recommended by the Planning and Zoning Board -- policies that encourage compatibility by considering the context and surrounding characteristics of the site could be considered at the time of development review. City Plan policies could be met with either MMN or LMN zoning. Because higher LMN densities have been constructed abutting the property to the east, and MMN exists to the south and north, a rezoning to MMN could be warranted. The proposed MMN rezoning could meet these policies better by allowing an increase in density at a location near transit and commercial services. The MMN zone has long been considered a bridging zone district, concentrating higher density ranges near services and transit by locating MMN near/adjacent to the NC zone, with the MMN zone providing Agenda Item Item # Page 7 a transition and link between these areas and surrounding lower density LMN areas. Higher frequency bus routes are currently provided at the Rigden Farm Neighborhood Center. The proposed rezoning could support higher density and better leverage the adjacent Neighborhood Mixed Use/Activity Center Area. E. Criterion 2: and/or Warranted by changed conditions within the neighborhood surrounding and including the subject property. The proposed rezoning is supported by several changed conditions in the area since the Timberline Church Campus was originally constructed, all of which support a change in zoning to MMN: The Rigden Farm Neighborhood Center has been constructed, which provides a mix of commercial uses that are within walking distance of the Timberline Church Campus. Higher density housing has been constructed to the north and east within Rigden Farm -- with higher densities concentrated on the perimeter of the Neighborhood Center. o Constructed in 1993, Pinecone Apartments to the south are 12.89 units per acre and are located in the MMN zone district. o Approved in 2002, the Willow housing development is located adjacent to the east of the proposed Timberline Church Campus, within the Rigden Farm LMN zone district. o Overall density for the Willow is 10.47 dwellings per gross acre. o Average housing density in the Rigden Farm MMN area to the north of the property is approximately 21.4 dwellings per gross acre. Bus transit routes are provided in the area, with the Neighborhood Center serving as a transit hub. The original plan for the Timberline Church Campus, which envisioned a second building phase for a maximum 3,500-person seating capacity, is no longer proposed. This would have required 875 parking spaces on the site. Actual peak seating capacity for the church is currently 1,844 seats, with a peak parking requirement of 461 parking spaces. Currently, the Campus includes vacant land to the east and surplus parking, with a total of 1,293 parking spaces on the property. The Timberline Church development plan was first approved in 2000 and opened in 2002. Since that time, the majority of the 303-acre Rigden Farm development to the north and east of the Timberline Campus has been developed, with construction beginning in 2000. This includes the 23-acre Neighborhood Center (N-C) zone district to the north, 24-acres in the Medium Density Mixed Use Neighborhood (M-M-N) zone district and 215 acres in the Low Density Mixed-Use Neighborhood (L-M-N) zone district. Additionally, Rigden Farm is a phased development plan. LMN areas within phased developments allow to concentrated densities within portions of the overall plan, provided that the overall density does not exceed 9 units per gross acre, and provided that no phase is greater than 12 units per gross acre. The Rigden Farm LMN zoning area utilizes this density range by providing lower density phases to the east and higher density phases to the west. Densities in the east portion of Rigden Farm, near Zeigler Road, are in the 4 unit per gross acre range. F. Criterion 3: Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land. The proposed MMN zoning could be compatible with existing surrounding land uses. There are different land use code standards for the LMN and MMN zones which could affect the overall size and scale of multifamily buildings, should these be proposed. The discussion from the Planning and Zoning Board was that achieving compatibility and appropriate transition within the neighborhood context surrounding the property could be further considered at the time of development review. Agenda Item Item # Page 8 1. Existing Uses North of the Property: The proposed MMN zoning is compatible with the commercial uses and higher density housing located adjacent to the north. The property is located in close proximity to the existing Neighborhood Center, which is consistent with the intent of MMN zoning. 2. Existing Uses South of the Property: The existing Meadows East single-family development to the southeast is buffered by the perimeter storm drainage and the Foothills Channel. Existing mature trees are located along the edge of the channel near the rear property lines of the Meadows East homes. Stewart Case Park and Rendezvous Trail are located in this area, which provide an appropriate buffer and transition to the Meadows East neighborhood. The existing buffer, drainage areas and existing trees in this area provide a compatible transition from the proposed MMN zone to these existing uses. 3. Existing Uses East of the Property: The Willow at Rigden Farm is located adjacent to the property to the east. The Willow development’s overall LMN density is near the highest maximum allowable LMN density at 10.47 units per gross acre. The Willow includes single-family attached buildings, with 12 units per building that are two stories in height. These buildings face west towards the Timberline Church Campus and are in close proximity to the property. Conditions of approval were recommended by staff to provide a transition in this area, discussed in Section 5 of the Planning and Zoning Board staff report. 4. Existing Uses West of the Property: South Timberline Road is located along the west boundary of the property, which provides an appropriate buffer and transition to the Meadows East single-family neighborhood to the west. G. Criterion 4: Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The proposed rezone to MMN is not anticipated to have significant impacts to the natural environment. The Foothills Channel represents a significant habitat feature adjacent to the proposed infill housing. This habitat feature requires protection regardless of whether the development is rezoned. Additionally, code requirements for stormwater detention and water quality treatment are not affected by the rezoning. H. Criterion 5: Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The proposed MMN infill housing area would represent a logical and orderly development pattern which reflects the unique context of the site. The Rigden Farm neighborhood to the east (zoned LMN), provides a range of LMN densities, with higher density LMN development provided adjacent to the Timberline Church Campus, serving as a logical transition to MMN zoning on the subject property. The proposed rezone to MMN provides a more logical development pattern than the current LMN zoning, provided that conditions of approval are put in place to provide a compatible transition per City Plan. The Foothills Channel, existing drainage and stormwater detention areas to the east and south provide a buffer transition. Because the proposed infill housing area is located within close proximity to the existing Neighborhood Center, and it can be integrated into the surrounding neighborhoods’ street and pedestrian networks, Agenda Item Item # Page 9 the proposed infill housing area could achieve a higher density while meeting the purpose of the MMN zone, as described in Division 4.6(A) of the Land Use Code. The MMN district is intended to: “…be a setting for concentrated housing within easy walking distance of transit and a commercial district.” “…form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks.” The MMN zone “is intended to function together with surrounding low density neighborhoods [typically the L-M- N zone district] and a central commercial core [typically an N-C or C-C zone district]. The intent is for the component zone districts to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate zone districts.” BOARD / COMMISSION RECOMMENDATION At its September 17, 2020, Planning and Zoning Board meeting, the Board recommended that Council approve the Timberline Church Rezone with a 6-0 vote, with the condition that the residential density be limited to 20 units per gross acre and that an Overall Development Plan (ODP) precede or accompany the Project Development Plan (PDP). (Attachment 10) PUBLIC OUTREACH A virtual neighborhood meeting was held on October 22, 2020. Approximately seven residents attended the virtual meeting. Staff has also received several comment letters from residents. Discussion of the proposed rezoning centers on concerns that higher density housing which could be proposed after the rezoning would have negative impacts on the area. Concerns have been expressed related to increases in traffic, demand on the shopping center, stormwater impacts, and potential compatibility issues with larger buildings on the church site. (Attachments 11 & 12) ATTACHMENTS 1. Location Map (PDF) 2. Aerial Map (PDF) 3. Perspective Map (PDF) 4. Structure Plan Map (PDF) 5. Existing Zoning Map (PDF) 6. Proposed Zoning Map (PDF) 7. Area Land Use Density Map (PDF) 8. Permitted Use Comparison LMN and MMN (PDF) 9. Planning & Zoning Board Staff Report (PDF) 10. Planning & Zoning Board Hearing Minutes (PDF) 11. Neighborhood Meeting Notes (PDF) 12. Resident Comment Letters (PDF) 13. Timberline Church Rezoning Petition (PDF) 14. Petitioner's Justification Narrative (PDF) 15. Timberline Church Rezone Boundary Map (PDF) 16. Powerpoint Presentation (PDF) -1- ORDINANCE NO. 145, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE TIMBERLINE CHURCH REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”) establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the City Council has conducted a public hearing, considered the Staff Report, the Planning and Zoning Board recommendation and findings, and the evidence from the public hearing and has determined that the property that is the subject of this Ordinance should be rezoned as hereinafter provided; and WHEREAS, the City Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and is warranted by changed conditions within the neighborhood surrounding and including the subject property as established in Section 2.9.4(H)(2) of the Land Use Code; and WHEREAS, the purpose of the condition included below is to provide a density limit that will help achieve a compatible transition within the context of the existing surrounding neighborhood since the proposed Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District does not include a maximum density and to require an Overall Development Plan to help identify the general design parameters for the subject property as it proceeds toward development; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code and determined that the proposed MMN zoning: (a) is compatible with existing and proposed uses surrounding the subject property and is an appropriate zone district for the property; (b) is not anticipated to have significant impacts to the natural environment; and (c) represents a logical and orderly development pattern that reflects the unique context of the site; and WHEREAS, adequate notice for the second reading of this Ordinance was not published in the Coloradoan prior to the December 1, 2020, Council Meeting; therefore, Council voted on December 1 to postpone second reading to this December 15, 2020, Council Meeting. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -2- Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, to Medium Density Mixed-Use Neighborhood (“M-M- N”) Zone District, for the follo wing described property in the City known as the Timberline Church Rezoning: Lots 1-5 and Tract A of the Timberline Church PUD, containing 32.79 acres, more or less. Section 3. That the following condition is hereby imposed upon the Timberline Church Rezoning as permitted by Section 2.9.4(I) of the Land Use Code: that the residential density will be limited 20 units per gross acre and that an Overall Development Plan (ODP) will precede or accompany the Project Development Plan (PDP). Section 4. That the property subject to the Timberline Church rezoning shall continue to be included in the Residential Sign District adopted pursuant to Section 3.8.7.1(M) of the Land Use Code. Section 5. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 24th day of November, A.D. 2020, and to be presented for final passage on the 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk -3- Passed and adopted on final reading on this 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk