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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - SECOND READING OF ORDINANCE NO. 171, 2004, AMENDIN ITEM NUMBER: 40 AGENDA ITEM SUMMARY DATE: November 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT Second Reading of Ordinance No. 171,2004,Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the 221 West Prospect Road Rezoning. RECOMMENDATION The Planning and Zoning Board recommended denial of the zoning request by a vote of 4-2 (with Torgerson and Meyer dissenting, Carpenter absent). Staff recommends adoption of the Ordinance (approving the rezoning) on Second Reading. EXECUTIVE SUMMARY This is a request to rezone Lot 10 of the Griffin Subdivision,which is located at the southeast corner of West Prospect Road and Tamasag Drive and known as 221 West Prospect Road. This parcel is 26,800 sq. ft. in size (0.62 acres) and is currently zoned E—Employment. The proposed rezoning would rezone the property into the CC — Community Commercial zone district. The parcel is designated as part of the Mason Street Transportation Corridor and is identified as part of the Campus District on the City of Fort Collins Structure Plan Map. The 221 West Prospect Road rezoning was presented to the Planning and Zoning Board on September 16,2004. The Planning and Zoning Board recommended denial of the rezoning request. Ordinance No. 171, 2004, was adopted on First Reading 5-1 (Nays: Councilmember Hamrick; Councilmember Bertschy was absent)on October 19,2004,approving the requested zoning of CC- Community Commercial. ORDINANCE NO. 171, 2004 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 221 WEST PROSPECT ROAD 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 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; and WHEREAS,the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS,to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted byDivision 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "E", Employment Zone District, to "CC", Community Commercial Zone District, for the following described property in the City known as the 221 West Prospect Road Rezoning: Lot 10 Griffin Plaza Subdivision, City of Fort Collins, 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 is hereby changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. 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 19th day of October,A.D.,2004,and to be presented for final passage on the 16th day of November,A.D.2004. ayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of November, A.D. 2003. Mayor ATTEST: City Clerk ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: October 19, 2004 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT -. Hearing and First Reading of Ordinance No. 171, 2004, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the 221 West Prospect Road Rezoning. RECOMMENDATION The Planning and Zoning Board recommended denial of the zoning request by a vote of 4-2 (with Torgerson and Meyer dissenting, Carpenter absent). Staff recommends adoption of the Ordinance (approving the rezoning) on First Reading. EXECUTIVE SUMMARY �. This is arequest to rezone LotLofheknk.-Vasl' n ,w h is located at the southeast comer of West Prospect Road and Ta 22 est Prospect Road. This parcel is 26,800 sq. ft. in size (0.62 acres) and is currently zoned E—Employment. The proposed rezoning would rezone the property into the CC — Community Commercial zone district. The parcel is designated as part of the Mason Street Transportation Corridor and is identified as part of the Campus District on the City of Fort Collins Structure Plan Map. The 221 West Prospect Road rezoning was presented to the Planning and Zoning Board on September 16,2004. The Planning and Zoning Board recommended denial of the rezoning request. Issues expressed by the Planning and Zoning Board supporting its recommendation of denial include: 1. While some of the permitted uses within the CC zone district will be of the appropriate type and intensity to serve the transit corridor, others are incompatible. Some examples were auto-oriented uses like fast food restaurants and tywthat ledged that the list of permitted uses thin t e -Ern much more restrictive, and likely less rketab thei there is less risk that incompatible use ill'be try cp 2. Some members were concerned about "commercial creep" whereby redevelopable properties further away from the Mason Corridor could use the same rationale for rezoning their property to CC. 3. A continued concern was raised about the E-Employment land supply. October 19, 2004 -2- Item No. 24 4. One member who participated on the Mason Corridor Transportation Team didn't perceive the change to be consistent with the adopted Corridor Plan. The rezoning request is consis t- th ..t Ili Structure Plan designation as "Campus District." This desi ation� otes du do r earch and employment needs of the campus,but also includes i mal an or su u mg retai nd residential areas which support the campus. The site is on the s de p oad, lock south of Lake Street, which is generally considered the southern boundary of the Colorado State University main campus. This site is also included within the Mason Street Transportation Corridor. This plan promotes the use of Mason Street and the Burlington Northern Santa Fe Railroad Tracks as an enhanced pedestrian, bicycle and transit corridor. The Mason Street Transportation Corridor provides opportunities for transit-oriented development along this transit route, by increasing the residential density and providing additional employment, retail and entertainment needs along the corridor. The proposed Community Commercial (CC) zone district permits a variety of uses and includes design standards which are consistent with the Campus District designation of the Structure Plan and the goals of the Mason Street Corridor Plan. This site is adjacent to a proposed transit stop (north of Prospect Road,east of the railroad tracks). In order to support the transit stop,high density residential is recommended to be located within a relatively short walking distance to station. The zone district includes single and multi-family residential,mixed-use dwellings,churches,restaurants (including fast food,without a ' apes lishments,bars and taverns, gasoline stations, vehicle mino epaira mum building height is 5 stories. FINDINGS and ANALYSIS ter° Back round: The surrounding zoning and land uses are as follows: N: CC; Multi-family residential, fast food restaurant S: E; undeveloped E: C; retail center W: E; offices The property was annexed as part of the Pat Griffin Second Annexation in October, 1968. Ouasi-Judicial Rezoning This rezoning proposal is consCredah( si-ju ire in rder for the Planning and Zoning Board to recommend approva ezoniity uncil, the following criteria must be met: A. Consistent with the City's Comprehensive Plan: This parcel is designated as Campus District on the City of Fort Collins Structure Plan.The existing Employment zoning and the proposed Community Commercial zoning are consistent with this designation on the Structure Plan. October 19, 2004 -3- Item No. 24 The site is included within the Mason Street Transportation Corridor. This plan has been adopted as an element of City Plan, and is designated as an enhanced travel corridor. This plan encourages the implementation of safe, convenient and comfortable access to high frequency transit servicetc dpunityco cil' ' s. The enhance travel corridor should integrate featur of adj'a t lap nc a transit ridership and the ability to walk or ride a bicycl The pro sed c ercial zone district will permit the integration of residentia , an rch support the transit corridor. B. Warranted by change in the neighborhood surrounding and includingthe he subiect property_ The property was originally developed as a gas station. This station has since closed, and is being used as a check cashing establishment. The property owner has indicated that this is only a temporary use of the site, and that ultimately the property should be redeveloped to fulfill its potential. The current Employment zoning will certainly permit uses that can support both the Campus District designation and the Mason Street Corridor Plan. Where the current zoning falls short is in achieving the ideal mix of residential,retail,entertainment and other supporting uses for the CSU campus and higher densities and land use intensities envisioned as part of the Mason Street Corridor.These uses are all secondary uses within the Employment district, and would require modification to permit a project that encompassed a mix of housing, retail and other supporting uses. This site is part of a laz r sub ' ion t t i lu s a tional 10 lots. Two of these lots are developed with an ice b ding in Build g to the west), the remainder are undeveloped. The unde lope8 I t a ng Tam Drive, which is a circular drive south of the site. These lots are owned by Colorado State University. While CSU has no plans for the development of these lots, it is likely they will develop as student housing or administrative offices. As CSU continues to grow and expand to the south of the main campus, surrounding properties will redevelop to continue to meet the needs of supporting the university. C. Additional Consideration for Ouasi-Judicial Rezonings: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may also consider the following additional factors: 1. Whether and the extent to which the proposed amendment is compatible with existing and ro a ses n ",ubjectJond and is the gppropriate zone district for the 1 d: It This area includ et isti ses,ling retail,restaurants,residential and office. The uses permitted within the CC zone district will be compatible with these surrounding uses. The most undesirable land use which may conceivably be permitted on the site under the CC zone district would be a gas station,which is what the site was previously used for. Compatibility with existing and anticipated future uses would be better achieved with the redevelopment of the site. October 19, 2004 -4- Item No. 24 2. 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, noise, air, stormwater management, wildlife, vegetation, wetlands and the natural functioni ofe a tivix m The parcels arefotinclu d J n mapped tural area, nor does it appear they contain any wr t of nmenta sensitive areas which would be impacted by future development of the site.There are some existing trees on the site, which may need to be incorporated into a future site plan. 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The land to the north of the site across Prospect Road is currently zoned Community Commercial. This district would be extended south to include this lot. The surrounding properties would remain E—Employment to the west and south and C- Commercial to the east. Request for CC—Community Commercial District Zoning The applicant initially filed are pnip w' C' n y 9, 2004. The current request is to rezone 221 West Prospec oad f E— p t t —Community Commercial.The lot is about .62 acres in size. The purpose of the CC Zoning District is to provide a "combination of retail, offices, services, cultural facilities, civic uses and higher density housing. Multi-story buildings are encouraged to provide a mix of residential and non-residential uses.Offices and dwellings are encouraged to locate above ground floor retail." FINDINGS OF FACT/CONCLUSIONS After reviewing the 221 West Prospect Road Rezoning, File #25-04, staff makes the following findings of fact and conclusions as explained above: A. The subject property for the 221 West Prospect Rezoning is designated on the City Structure Plan as Campus District.The rezoning request to Community Commercial is consistent with the City of Fort Collins Structure Plan map. B. The subject property f the 201oh Porri� Yoreeru is included within the Mason Street Transportation dor PIse of higher density residential and greater commercial tizoning request to Community Commercial is consistent with this plan. C. The subject property has undergone change,the existing zoning is no longer consistent with the principles of City Plan and is inconsistent with the purpose of the Campus District and the Mason Street Transportation Corridor Plan. October 19, 2004 -5- Item No. 24 RECOMMENDATION The Planning and Zoning Board recommends that City Council deny the 221 West Prospect Rezoning #25-04, Amendment Z E loyment to CC — Community Commercial District. Staff recommends adoption oft exez6ni na,