HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/1999 - HEARING AND FIRST READING OF ORDINANCE NO. 164, 19 ITEM NUMBER: 18
AGENDA ITEM SUMMARY
DATE: November 2, 1999
FORT COLLINS CITY COUNCIL STAFF:
Troy W. Jones
4
SUBJECT:
Hearing and First Reading of Ordinance No. 164, 1999, Amending the Zoning Map of the City of
Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Elizabeth
Street Apartments Rezoning
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This is a request to rezone approximately 1.925 acres of property located on the north side of West
Elizabeth Street between Constitution and City Park Avenue. The property is currently, and has
historically been, owned by CSU,and was therefore never zoned. The requested zoning is MMN-
Medium Density Mixed-Use Neighborhood District.
APPLICANT: Deborrah Willard, Affordable Housing Alliance II
and
Andres Plett,Kaufman& Broad Multi-housing Group
OWNERS: Colorado State University Research Foundation (CSURF) contact: Julie
Birdsall
The Affordable Housing Alliance II and Kaufman& Broad Multi-housing Group have established
a partnership called 'Elizabeth Street Housing Investors L.P." which have the property under
contract to purchase from CSURF. CSURF has given this partnership the authority to act as the
applicant on this rezoning petition. The Affordable Housing Alliance II will manage the property
once it is built, and be the managing general partner of the partnership, while Kaufman & Broad
Multi-housing Group will act as the developer, and be the limited partner of the partnership. Both
CSURF and the Elizabeth Street Housing Investors L.P. have reserved the right to withdraw the
petition for annexation at any time prior to the roll call of the second reading of the city Council.
BACKGROUND:
The property is part of the "College Addition to the City of Fort Collins" which was annexed to the
city on June 28, 1956.
DATE: November 2, 1999 2 ITEM NUMBER: 18
The surrounding zoning and land uses are as follows:
N: MMN: Existing student housing (Fort Ram Village),
CSU; Existing student housing (married student housing),
S: MMN; West Elizabeth Street, existing single family housing, existing
Multi-family housing,
CC: West Elizabeth Street, existing fast food restaurant, existing
convenience store with fuel sales,
RL: Existing single family housing,
E: CSU: Existing parking lot for Fort Ram Village,
CC: City Park Avenue, existing retail establishments,
W: MMN;Existing student housing (Fort Ram Village), Constitution Avenue.
Zoniniz and Analysis
The applicant filed a rezoning petition with the City on August 6, 1999 requesting initial zoning
from CSU land to MMN- Medium Density Mixed-Use Neighborhood District.
The purpose of the MMN zoning district (Section 4.5 of the Land Use Code) is to be a setting for
concentrated housing within easy walking distance of transit and a commercial district,and to form
a transition and a link between surrounding neighborhoods and the commercial core. This site is
located between existing highly concentrated housing (Fort Ram Village) and an existing
commercial district (Campus West), and would satisfy the purposes of the MMN zoning district.
Rezoning the property to MMN would extend the MMN district that exists to the north and west.
The proposed zoning is also consistent with the City's adopted Structure Plan, a part of the
Comprehensive Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
On October 21, 1999, the Planning and Zoning Board, by a vote of 6-0, recommended that the
Council approve the request for a change of zoning from unzoned CSU property to MMN-Medium
Density Mixed-Use Neighborhood Zoning District.
. ORDINANCE NO. 164, 1999
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 ELIZABETH STREET APARTMENTS REZONING
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the rezoning of land; and
WHEREAS, in accordance with the foregoing,the Council has considered the rezoning of
the property which is the subject of this ordinance,and has determined that the said property should
be rezoned as hereafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
• City of Fort Collins be,and the same hereby is,amended by changing the zoning classification from
CSU (not zoned), to "MMN", Medium Density Mixed-Use Neighborhood Zone District, for the
following described property in the City known as the Elizabeth Street Apartments Rezoning:
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6'H
PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,COUNTY OF LARIMER,
STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
CONSIDERING THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 AS BEARING NORTH 89 DEGREES 23 MINUTES 40 SECONDS
WEST FROM A FOUND 3'/4 " ALUMINUM CAP IN RANGE BOX AT THE
EAST QUARTER CORNER OF SAID SECTION 15 TO A FOUND 3'/4 "
ALUMINUM CAP IN RANGE BOX AT THE CENTER QUARTER CORNER OF
SAID SECTION 15 AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 15;
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 15,NORTH 89 DEGREES 23 MINUTES 40 SECONDS WEST,
. 1359.05 FEET; THENCE, NORTH 00 DEGREES 08 MINUTES 25 SECONDS
EAST, 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
ELIZABETH STREET; THENCE ALONG SAID NORTH LINE, NORTH 89
DEGREES 23 MINUTES 40 SECONDS WEST,627.42 FEET TO THE POINT OF
BEGINNING;THENCE,CONTINUING ALONG SAID NORTH LINE,NORTH
89 DEGREES 23 MINUTES 40 SECONDS WEST, 374.18 FEET; THENCE
NORTH 12 DEGREES 31 MINUTES 57 SECONDS EAST, 158.98 FEET;
THENCE, NORTH 52 DEGREES 31 MINUTES 57 SECONDS EAST, 120.00
FEET; THENCE, NORTH 65 DEGREES 31 MINUTES 57 SECONDS EAST,
120.00 FEET; THENCE, SOUTH 87 DEGREES 13 MINUTES 54 SECONDS
EAST, 112.77 FEET; THENCE, SOUTH 02 DEGREES 27 MINUTES 19
SECONDS EAST, 87.59 FEET; THENCE, SOUTH 12 DEGREES 28 MINUTES
50 SECONDS EAST,87.04 FEET;THENCE,SOUTH 00 DEGREES 00 MINUTES
21 SECONDS WEST, 103.90 FEET TO THE POINT OF BEGINNING.
COUNTY OF LARIMER, STATE OF COLORADO
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins be,and the same hereby is,changed and amended by showing
that the above-described property is included in the Residential Neighborhood Sign District.
Section 3. The City Engineer 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 2nd day of
November, A.D. 1999, and to be presented for final passage on the 16th day of November, A.D.
1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of November, A.D. 1999.
Mayor
ATTEST:
City Clerk
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ITEM NO. 5
MEETING DATE 10/21/99
STAFF Troy Jones
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Elizabeth Street Apartments Rezone, #19-99
APPLICANT: Deborrah Willard
Affordable Housing Alliance II, Inc.
2600 Michelson, Suite 1050
Irvine, CA 92612
OWNERS: Colorado State University Research Foundation
C/O Julie Birdsall
P.O. Box 483
Fort Collins, CO 80522
PROJECT DESCRIPTION:
ately acres of property located on the
This is a request to rezone approxim etweenn Co Constitution and City Park Avenue.
north side of West Elizabeth Street b
The property is currently, and has historically been, owned by CSU, and was
therefore never zoned. The requested zoning is MMN - Medium Density Mixed-
Use Neighborhood District.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
1. The North College Rezone, File #19-99 is consistent with the City's
Comprehensive Plan.
2. The proposed rezoning to MMN — Medium Density Mixed-Use Neighborhood
is compatible with existing and proposed uses surrounding the subject land.
3. The proposed zoning district is appropriate for this property.
4. The proposed rezoning will not result in significantly adverse impacts on the
natural environment.
5. The proposed rezoning results in a logical and orderly development pattern.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. P.O.Box 580 Fort Collins,CO 80522-0580 (970)221-67D0
PLANNING DEPARTMENT
Elizabeth Street Apartments Rezone, File #19-99
October 21, 1999 P & Z Meeting
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: MMN: Existing student housing (Fort Ram Village),
CSU; Existing student housing (married student housing),
S: MMN; West Elizabeth Street, existing single family housing, existing
multifamily housing,
CC: West Elizabeth Street, existing fast food restaurant, existing
convience store with fuel sales,
RL: Existing single family housing,
E: CSU: Existing parking lot for Fort Ram Village,
CC: City Park Avenue, existing retail establishments,
W: MMN; Existing student housing (Fort Ram Village), Constitution Avenue.
The property is part of the "College Addition to the City of Fort Collins" which was
annexed to the city on June 28, 1956.
2. Petition For Rezoning
The applicant filed a rezone petition with the city on August 6, 1999 requesting
initial zoning from CSU land to MMN — Medium Density Mixed-Use
Neighborhood District.
3. Provisions of the MMN — Medium Density Mixed-Use Neighborhood
District
The purpose of the MMN zoning district (Section 4.5 of the Land Use Code) is to
be a setting for concentrated housing within easy walking distance of transit and
a commercial district, and to form a transition and a link between surrounding
neighborhoods and the commercial core.
This site is located between existing highly concentrated housing (Fort Ram
Village) and an existing commercial district (Campus West), and would satisfy
the purposes of the MMN zoning district.
4. Land Use Code Criteria For Rezoning
Section 2.8.4[H][2] of the Land Use Code outlines mandatory requirements for
quasi-judicial rezonings. This section states:
Elizabeth Street Apartments Rezone, File #19-99
October 21, 1999 P & Z Meeting
Page 3
"Any amendment to the Zoning Map involving the zoning or rezoning of six
hundred forty (640) acres of land or less shall be recommended for
approval by the Planning and Zoning Board or approved by the City
Council only if the proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood
surrounding and including the subject property."
In addition, Section 2.8.4[H][3] outlines additional considerations for quasi-judicial
rezonings:
"In determining whether to recommend approval of any such proposed
amendment, the Planning and Zoning Board and City Council may
consider the following additional factors:
(a) 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;
(b) 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 the
natural environment'
(c) whether and the extent to which the proposed amendment
would result in a logical and orderly development pattern."
5. Analysis
a. Is the request consistent with the City s Comprehensive Plan?
The property is identified as "Medium Density Mixed-Use Residential" on
the Structure Plan Map. The MMN — Medium Density Mixed-Use
Neighborhood zoning district is consistent with this Structure Plan
designation.
b. Is the rezone request compatible with existing and proposed uses
surrounding the subject land and is it the appropriate zone district for the
land?
The requested zoning is compatible with all existing land uses. Student
housing uses exist to the west and north. A fast food restaurant, a
. convenience store with fuel sales, and single family housing all exist
Elizabeth Street Apartments Rezone, File #19-99
October 21, 1999 P & Z Meeting
Page 4
across West Elizabeth to the south. The parking lot for student housing
exists to the east. Further to the east is the Campus West retail area. The
property is a logical extension of an existing piece of the MMN zoning
district.
c. Will the rezoning result in significantly adverse impacts on the natural
environment?
There are no significant environmentally sensitive areas associated with
the subject property. There are no wetlands on the site. Current air quality
and noise levels along West Elizabeth Street would not change
significantly as a result of any development that would be allowed due to
this rezone.
d. Will the rezoning result in a logical and orderly development pattern?
This property is located within the existing developed area of the City of
Fort Collins, and should it develop, would be able to utilize the existing
logical and orderly development patter provided by the site's proximity to
West Elizabeth Street, Constitution Avenue, and City Park Avenue.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the Elizabeth Street Apartments Rezone, File #19-99, staff makes
the following findings of fact and conclusions:
1. The Elizabeth Street Apartments Rezone, File #19-99, is consistent with the
City's Comprehensive Plan.
2. The proposed rezoning is compatible with existing and proposed uses
surrounding the subject land.
3. The proposed zoning district is appropriate for this property.
4. The proposed rezoning will not result in significantly adverse impacts on the
natural environment.
5. The proposed rezoning results in a logical and orderly development pattern.
. Elizabeth Street Apartments Rezone, File #19-99
October 21, 1999 P & Z Meeting
Page 5
RECOMMENDATION:
Staff recommends approval of the Elizabeth Street Apartments Rezone, File #19-
99.
•
•
CITY OF FORT COLLINS
REZONING PETITION
Petitioner:
Name: Address:
Debormh A.Willard 2600 Michelson Drive.
Affordable Housing Alliance 11,Inc. Ste. 1050
Irvine,CA 92612
Owner:
Name Addms
Colorado State University Research P.Q.Box 483
Foundation Fort Collins, CO 80522
Julie Birdsal
To the City Council of the City of Fort Collins,Colorado.
I(We),the undersigned do hereby respectfully petition and request that the
City Council amend the zoning ordinance of the City of Fort Collins by
cbanging the zoning of the hereinafter described parcel, containing 1 .925 acres,
more or less,from no zoning district to MMN zoning district:
The Petitioners and/or the Property owner reserve the right to withdraw this petition
and their signatures therefrom at any time prior to the commencement of the roll call
of the City Council for the vote upon the second reading of the rezoning ordinance.
(Legal description)
. . lu/Zu/aa la:UZ -UV4Y 440 8277 .[a 003/003
Reason for Request: (Please attach additional sheets if more space is needed.)
Property owner is under contract to sell property to petitioner for
the development of a 50-unit affordable,senior(age-restricted)
apartment project.
Please attach listing of names and addresses of all persons owning land(as per
Latimer County Assessor's office on date of request)within 500 feet of any
portion of the area under petition for rezoning.
Respectfully submitted.
Deborrah A. Willard
Affordable Housing Alliance II,Inc.
State of California
)SS
County of Orange
The forgoing instrument was acknowledged before me this 4'M day of
f7L+ t�fb� 1999.
BY3YAQ2M% 1 rA . tJ1LLta[2� for the purpose therein set forth.
My commission expires 'LA(;-( Q`� ( � QQ.�
M.BATMAY
can risdon 0 1181%9
NotayP"c-Castama _
Orange County
QMVC*M.EVVWMoYI,2M21 Notary Public
Notc: Filing of a petition to rezone requires a deposit of S856.DQ with the City Clerk to defray the cost of
the amendment
Please return to the Planning Department.City of Fort Collins.
99 MU 11:27 THF"QOUP INC FAX NO. 97W"0746 r. u4
TRANSN;ajoX Tj= nTs=M= CCHYANY
Commitment No. : 6439873
sCE3=L8 A - Continued
LEGAL DESCRIPTION
A tract of land located in the Northeast quarter of Section 15, Township
7 North, Range 69 West of the 6th principal Meridian, City of Fort
Collins, County of Larimer, State of Colorado being more particularly
described as follows:
South line of the
Considering the Northeast Quarter of said Section 15 as
es 40 seconds West from a found 3 1/4'
bearing North 89 degrees 23 minut
aluminum cap in range box at the East Quarter corner of said Section 15
to a found 3 1/4° aluminum ca is range box at the Center quarter corner
of said Section 15 and with all bearings contained herein relative
thereto:
Commencing at the East Quarter•eoraer of said Section 15;
thence along the South line of the Northeast Quarter of said section is,
North 89 degrees 23 minutes 40 seconds West, 1359.05 feet;
thence, North 00 degrees 08 minutes 25 seconds East, 50.00 feet to a
point on the North right-of-way line of Elizabeth Street;
thence along said North line, North 89 degrees 23 minutes 40 seconds
West, 627.42 feet to the POINT OF $SGInNI G;
thence, continuing along said North line, North 89 degrees 23 minutes 40
seconds West, 374.18 feet;
thence, North 12 degrees 31 minutes 57 seconds East, 158.98 feet; thence,
North 52 degrees 31 minutes 57 seconds East, 120.00 feet; thence, North
b5 degrees 31 minutes 57 seconds East, 120.00 feet; thence, South 87
degrees 13 minutes 54 seconds East, 112.77 fact; thence, South 02 degrees
27 minutes 19 seconds East, 87.59 feet;
thence, South 12 degrees 28 minutes 50 seconds Fast, 87.04 feet:
thence, south 00 degrees 00 minutes 21 seconds West, 103.90 feet to the
POINT OF BEGINNING.
County of Larimer, State of Colorado
Page 2
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r
August 23, 1999
Troy Jones
City of Fort Collins
Community Planning Services
281 N. College Ave.
P.O. Box 580
Fort Collins, CO 80522
Re: Justification Letter
Rezone: 50-Unit Elizabeth Street Senior Apartments
Dear Mr. Jones:
Kaufman &Broad Multi-Housing Group, Inc.,proposes to build a 50-unit senior citizen
affordable apartment project on approximately 1.9 acres located on the north side of
Elizabeth Street, east of Constitution Avenue in the City of Fort Collins. The site is
surrounded by high-density student housing and is located south and east of the Fort Ram
Village Apartments and west of the International House.
This proposed community,which will be financed in part with Low Income Housing Tax
Credits, is a prime example of what the City is looking to promote for a variety of
reasons, including excellent project area characteristics, evidenced need for affordable
housing, a strong team with extensive development and management experience, as well
as a quality designed rental community. Also, because the site is surrounded by student
housing,the proposed senior apartment development will bring a more diverse resident
base to the area.
The site currently does not have a zoning designation, given that it has been owned by
Colorado State University (CSU). Therefore, the proposed use will require a zone change
and an amendment to the Zoning Map.
The surrounding properties are zoned CC, Community Commercial District. This zoning
designation is consistent with the proposed land-use. However, the City Planning
Department staff has recommended MMN, Medium Density Mixed-Use
Neighborhood,which also allows for the intended use. A Project Development Plan
(PDP)is also required and will be subsequently submitted.
•
KAUFMAN AND BROAD MULTI-HOUSING GROUP. INC.
320 GOLDEN SHORE SUITE 200 LONG BEACH CA 90902-4217 TEL 562,256.2000 FAX S62.256.2001
Project Characteristics
For over 40 years, one hundred percent of the units will be rented to qualified low income
seniors with rents targeted at or below 40%of the County median income. This will
insure that seniors with fixed incomes will find quality housing in Fort Collins.
The proposed community will consist of a three-story building with interior corridors and
elevators. Amenities include a fully fiunished recreational center, onsite laundry
facilities,pool, spa, seating areas and professionally landscaped open space. A variety of
services will be available to the tenants including full social activities. Secured parking
will be provided at a ratio of one space per unit.
Sponsor Characteristics
The project is sponsored by Kaufman and Broad Multi-Housing Group, Inc. (KBMH), a
wholly-owned subsidiary of Kaufman Broad Home Corporation, a New York Stock
Exchange-listed company that is one of the country's largest home builders. The
development will be owned by a Colorado Limited Partnership. Affordable Housing
Alliance II,Inc. ("AHA"), a 501 (c) (3) non-profit corporation, will act as the managing
General Partner and KBMH will act as the Development Manager on behalf of the
partnership.
AHA, as the principal office of the Partnership,has an established record of promoting
community development in the State of Colorado and will bring favorable financing and
local community knowledge and support to the partnership as its manager. KBMH will
provide additional financial capacity and development expertise to assure the successful
completion of the project on behalf of the Partnership.
Kaufinan and Broad Multi-Housing Group, Inc. currently has 4 affordable(Low Income)
apartment communities in Colorado. In total, the Multi-Housing Group has participated
in the development of nearly 80 communities,representing more than 7,500 affordable
apartment units completed, under construction, or in the pipeline.
We thank you in advance for taking the time and effort to evaluate this petition for zone
change. For further information or questions regarding this application please don't
hesitate to call.
Sincerely,
Anders Plett
Project Manager