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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/19/1999 - HEARING AND FIRST READING OF ORDINANCE NO. 155, 19 ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: October 19, 1999 • FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT: Hearing and First Reading of Ordinance No. 155, 1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the North College 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 2.8 acres of property located on the northwest corner of Cherry Street and College Avenue. The current zoning is POL-Public Open Lands. The property was zoned incorrectly in 1997. The requested zoning is CCR - Community Commercial, Poudre . River District. APPLICANT: The City of Fort Collins, Colorado OWNERS: The City of Fort Collins The Missouri Improvement Company Jack Hibler Union Pacific Railroad BACKGROUND: The property is located in blocks 24 and 25 of the original City of Fort Collins which was platted in January, 1873. The site is currently zoned POL -Public Open Lands. The surrounding zoning and land uses are as follows: N: CCR; Vacant land, the Cache La Poudre River, railroad tracks, a railroad bridge over the river, S: D; Cherry Street, railroad tracks, existing fast-food restaurant, vacant land, E: RDR; existing retail establishment, existing vehicle servicing shop, • POL; College Avenue, the old Power Plant, railroad tracks, Northside Aztlan Community Center, W: POL; Lee Martinez Park LMN; Martinez PUD residential development(under construction). DATE: October 19, 1999 2 ITEM NUMBER: 14 Zoning and Analysis The applicant,the City of Fort Collins,filed a rezoning petition on August 13, 1999. The applicant is requesting a rezoning from POL-Public Open Lands to CCR-Community Commercial,Poudre River District. The property was zoned in 1997 as POL in error as part of the city wide update of the zoning map in conjunction with the adoption of the new Land Use Code. The existing site is partially publicly owned, and partially privately owned. The privately owned portion of the site cannot be POL by definition. The portion of the site which is publically owned specifically has no community-wide emphasis that would warrant it to be included in the POL zone. There are numerous uses permitted in this District, subject to administrative review or review by the Planning and Zoning Board. Rezoning the property to CCR would extend the CCR district that exists to the north. The current land use and ownership of the site are consistent with the purposes of the CCR zoning district. The proposed zoning is also consistent with the City's adopted Structure Plan, a part of the Comprehensive Plan. The property is currently not in the Residential Neighborhood Sign District, and staff does not recommend any change to this status. PLANNING AND ZONING BOARD RECOMMENDATION: On September 16,1999,the Planning and Zoning Board,by a vote of 3-0 (with one board member abstaining),recommended that the Council approve the request for a change of zoning from POL -Public Open Lands to CCR- Community Commercial,Poudre River. ORDINANCE NO. 155, 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 NORTH COLLEGE 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 "POL", Public Open Lands Zone District,to"CCR", Community Commercial, Poudre River Zone District, for the following described property in the City known as the North College Rezoning: A TRACT OF LAND BEING A PORTION OF BLOCKS 24,25 AND 26 CITY OF FORT COLLINS SITUATE IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 11 AS BEARING N 000 03' 55" E WITH ALL BEARINGS HEREIN REAL-TIME THERETO IS CONTAINED WITHIN THE BOUNDARY LINES: COMMENCING AT THE NORTHEAST QUARTER CORNER OF SAID SECTION 11;THENCE, S 00' 03' 55" W 908.74 FEET;THENCE,N 891 56' 05" W 60.04 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE,N 89' 3 F 20" W 149.77 FEET ALONG THE NORTH LINE OF THE JACKSON HIBLER PROPERTY TO A POINT OF INTERSECTION WITH WEST LINE OF THE UNION PACIFIC RAILROAD PROPERTY;THENCE N 00' 12'53"W 522.76 FEET ALONG THE RAILROAD PROPERTY TO THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE, N 680 09' 08" W 52.64 FEET ALONG THE NORTH LINE OF THE MISSOURI IMPROVEMENT COMPANY; THENCE, S 00' 05' 28" W 743.10 FEET ALONG THE WEST LINE OF SAID MISSOURI IMPROVEMENT COMPANY PARCEL; THENCE, N 90° 00' 00" E 52.75 FEET ALONG THE SOUTH LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY; THENCE, S 000 17' 16" W 117.48 FEET ALONG THE WEST SIDE OF PROPERTY OWNED BY THE CITY OF FORT COLLINS; THENCE, S 440 07' 41" E 48.12 FEET TO A POINT OF INTERSECTION WITH A SECOND PROPERTY OWNED BY THE MISSOURI IMPROVEMENT COMPANY; THENCE, S 560 39' 41" W 103.79 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY; THENCE, S 000 03' 55" W 2.10 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF 130 42' 54", A RADIUS OF 521.44 FEET, AN ARC LENGTH OF 124.82 FEET AND A CHORD WHICH BEARS S 490 52'00"W 124.52 FEET ALSO BEING ALONG; THENCE,S 000 03'55"W 9.82 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF CHERRY STREET; THENCE, N 89' 59' 32" E 297.50 FEET ALONG SAID NORTH RIGHT-OF-WAY OF CHERRY STREET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH COLLEGE AVENUE (AKA US 287); THENCE, N 00' 03' 55" E 500.17 FEET ALONG SAID WEST RIGHT-OF WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. CONTAINING 2.8 ACRES MORE OR LESS. Section 2. That the City Engineer is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced and considered favorably on first reading and ordered published this 19th day of October,A.D. 1999,and to be presented for final passage on the 2nd day of November,A.D. 1999. Mayor ATTEST: City Clerk . Passed and adopted on final reading this 2nd day of November, A.D. 1999. Mayor ATTEST: City Clerk • • . • � ■ C■.ai �! �Ila "_ gnu �..Illhi' I/.. I■ �®/ ' � 1 'll, -p= _ _■ _ _ \ '�!p,®�® -r IIIIII IIII: III II. ���� i un �- u■ _ ■ ����,p� � _� __ " _= 1111� ILA �l*f _ , • . ■ �� �R:. _— __ ELMI 1111111 IIIII■ III_ __ I = /��•;��� � 'nllllll i1111P L,ual. i1117 fill■ ■11: IIII' �Iia1.�.111111►� �� :IIIIIC UPON IMOM a711i1 �dl= N6� _1■ ■r7 �I � I IIII �� __■_ en= '�_. nll■ �� ■ ail -_ �� '°= III►. uu_ == -=_ _;� -� � -� ■" • IIIIII -= _�_ _� ?■6n IIII■. ' ■ 'nll■ ■� �__ Illlllllli = uTi= en11111 �� �i■1 wx � � l rLOS ill MEN 1111111 MEN MEN WE . 11111111 ■� 1 • MIR�//I//�� i� i1117 1111■ ■ ■ 1111111 ` Ii11► .111111►. yin 1■ � 11111= -=_�■ �11 — -`� ITEM NO. 5 MEETING DATE 9/16/99 STAFF Troy Jones City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: North College Rezone, #21-99 APPLICANT: The City of Fort Collins, Colorado A Municipal Corporation P.O. Box 580 Fort Collins, CO 80522-0580 OWNERS: The City of Fort Collins The Missouri Improvement Company Jack Hibler Union Pack Railroad PROJECT DESCRIPTION: This is a request to rezone approximately 2.8 acres of property located on the northwest corner of Cherry Street and College Avenue. The current zoning is POL— Public Open Lands. The property was zoned incorrectly in 1997. The requested zoning is CCR — Community Commercial, Poudre River District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: 1. The North College Rezone, File #21-99 is consistent with the City's Comprehensive Plan. 2. The proposed rezoning to CCR — Community Commercial, Poudre River District 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)221-6750 PLANNING DEPARTMENT North College Rezone, File #21-99 September 16, 1999 P & Z Meeting Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: CCR; Vacant land, the Cache La Poudre River, railroad tracks, a railroad bridge over the river, S D; Cherry Street, railroad tracks, existing fast-food restaurant, vacant land, E: RDR; existing retail establishment, existing vehicle servicing shop, POL; College Avenue, the old Power Plant, railroad tracks, Northside Azatlan Community Center, W: POL; Lee Martinez Park LMN; Martinez PUD residential development (under construction). The property is located in blocks 24 and 25 of the original City of Fort Collins which was platted in January, 1873. 2. Petition For Rezoning The applicant, the City of Fort Collins, filed a rezone petition with the city on August 13, 1999. The applicant is requesting a rezone from POL— Public Open Lands to CCR— Community Commercial, Poudre River District. 3. Provisions of the POL— Public Open Lands Zoning District The purpose of the POL Zoning District (Section 4.10 of the Land Use Code) is for large publicly owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation. The property was zoned in 1997 as POL in error. The existing site is partially publicly owned, and partially owned. The privately owned portion of the site cannot be POL by definition. The portion of the site which is publicly owned specifically has no community-wide emphasis that would warrant it to be included in the POL zone. North College Rezone, File#21-99 September 16, 1999 P & Z Meeting Page 3 4. Provisions of the CCR— Community Commercial, River Zoning District The purpose of the CCR zoning district (Section 4.16 of the Land Use Code) is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage to provide locations for redevelopment or development of moderate intensity uses that are supportive of Downtown, subject to floodplain restrictions, and shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown. Rezoning the property to CCR would extend the CCR district that exists to the north. The current land use and ownership of the proposed rezone site are consistent with the purposes of the CCR zoning district. 5. 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: • 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, North College Rezone, File #21-99 September 16, 1999 P & Z Meeting Page 4 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." 6. Analysis 1 a. Is the request consistent with the City's Comprehensive Plan? The property is identified as "Poudre River Corridor" on the Structure Plan Map. The CCR—Community Commercial. River 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. Residential and public park uses exist to the west. Vacant land zoned CCR is located to the north. Existing retail and a vehicle service shop exist across College Avenue to the east. An existing fast food establishment and vacant land zoned D exist to the south. The property is a logical extension of an existing piece of the CCR zoning district. Moderate intensity uses that are supportive of downtown would be compatible with the existing surrounding land uses. Based on the purpose stated in the LUC for the CCR zoning district, moderate intensity uses that are supportive of downtown would be appropriate uses for CCR land. 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. The property, though near the Cache La Poudre River, is out of the floodplain and not part of any wildlife corridor. There are no wetlands on the site. Current air quality and noise levels along college avenue 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 North College Rezone, File #21-99 • September 16, 1999 P & Z Meeting Page 5 logical and orderly development pattern provided by the site's proximity to College Avenue and Cherry Street. FINDINGS OF FACT/CONCLUSIONS After reviewing the Rigden Farm, Filing 1, Project Development Plan, #56-98C, staff makes the following findings of fact and conclusions: 1. The North College Rezone, File #21-99 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, 6. The proposed rezoning corrects an error that was made when the property was inappropriately rezoned in March, 1997. RECOMMENDATION: Staff recommends approval of the North College Rezone, File #21-99. COPY CITY OF FORT COLLINS • REZONING PETITION Petitioner: The City of Fort Collins Owners: The City of Fort Collins The Missouri Improvement Company Jack Hibler Union Pacific Railroad a To the City Council of the City of Fort Collins, Colorado. I the undersigned,do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel,containing 2.8 acres, more or less, from Public Open Lands (POL) zoning district to Community Commercial River(CCR) zoning district. Legal Description A TRACT OF LAND BEING A PORTION OF BLOCKS 24, 25 AND 26 CITY OF FORT COLLINS SITUATE IN THE NORTHEAST QUARTER OF SECTION 11,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 11 AS BEARING N 000 03' 55" E WITH ALL BEARINGS HEREIN REAL-TIME THERETO IS CONTAINED WITHIN THE BOUNDARY LINES: COMMENCING AT THE NORTHEAST QUARTER CORNER OF SAIp SECTION 11; THENCE, S 000 03'55" W 908.74 FEET; THENCE,N 89' 56' 05" W 60.04 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,N 89° 31'20" W 149.77 FEET ALONG THE NORTH LINE OF THE JACKSON HIBLER PROPERTY TO A POINT OF INTERSECTION WITH WEST LINE OF THE UNION PACIFIC RAILROAD PROPERTY; THENCE N 00° 12'53" W 522.76 FEET ALONG THE RAILROAD PROPERTY TO THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE,N 680 09'08" W 52.64 FEET ALONG THE NORTH LINE OF THE MISSOURI IMPROVEMENT COMPANY; THENCE, S 00' 05'28" W 743.10 FEET ALONG TEE WEST LINE OF SAID MISSOURI IMPROVEMENT COMPANY PARCEL; THENCE,N 90' 00' 00" E 52.75 FEET ALONG THE SOUTH LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY;THENCE, S 00° 17' 16"W 117.48 FEET ALONG THE WEST SIDE OF PROPERTY OWNED BY THE CITY OF FORT COLLINS; THENCE, S 44' 07 41" E 48.12 FEET TO A POINT OF INTERSECTION WITH A SECOND PROPERTY OWNED BY THE MISSOURI IMPROVEMENT COMPANY; THENCE, S 560 39' 41" W 103.79 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY; THENCE, S 000 03' 55" W 2.10 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF 13° 42' 54",A . RADIUS OF 521.44 FEET,AN ARC LENGTH OF 124.82 FEET AND A CHORD WHICH BEARS S 490 52'00" W 124.52 FEET ALSO BEING ALONG; THENCE, S 00' 03' 55" W 9.82 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF- WAY LINE OF CHERRY STREET;THENCE,N 890 59'32" E 297.50 FEET ALONG SAID NORTH RIGHT-OF-WAY OF CHERRY STREET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH COLLEGE AVENUE (AKA US 287); THENCE,N 000 03' 55" E 500.17 FEET ALONG SAID WEST RIGHT-OF WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. CONTAINING 2.8 ACRES MORE OR LESS. Reason for Request: The property was zoned incorrectly as Public Open Lands (POL)in 1997 due to staff error. A listing of names and addresses of all persons owning land(as per Larimer County Assessor's office on date of request)within 500 feet of any portion of the area under petition for rezoning has been included in this submittal. Section 2.9.3(A)of the Fort Collins Land Use Code allows an amendment to the Zoning Map to be proposed by the"Director." Respectfully submitted, Bob Blanchard,Director of Current Planning City of Fort Collins, Colorado A Municipal Corporation PO Box 580 Fort Collins, CO 80522-0580 State of Colorado) ) ss. County of Larimer) The forgoing instrument was acknowledged before me this 13—day o4 1999. By A4 the purpose therein set forth. My commission expires o�PFIY PUe`' _ C1 otary lic GEDRGIANAJ. DEINES • JUSTIFICATION FOR "NORTH COLLEGE" REZONE REQUEST August 13,1999 Section 2.9.4(H)of the Fort Collins Land Use Code specifies a list of criterion that must be satisfied, and another list of criterion that may be considered by the Planning and Zoning Board and the City Council before a recommendation of approval is warranted. The following information addresses these criterion. 1) Must be satisfied—the proposed amendment must be consistent with the City's Comprehensive Plan and/or warranted by changed conditions within the neighborhood surrounding and including the subject property. The proposed amendment fixes a staff error, and brings the site into compliance with the City's Comprehensive Plan. The structure plan identifies the site as"Poudre River Corridor,"which is consistent with a"Community Commercial,River'(CCR)zoning designation. 2) May be considered—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 amendment is the logical extension of a finger of the CCR zoning district to the north. 3) May be considered—the extend 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 functioning of the environment. • The proposed amendment has no significant adverse impacts on the natural environment. 4) May be considered—the extent to which the proposed amendment would result in a logical and orderly development pattern. As stated in the response#2 above,the proposed amendment is the logical extension of a finger of the CCR zoning district to the north.