HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/17/2005 - FIRST READING OF ORDINANCE NO. 056, 2005, AMENDING ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: May 17, 2005
FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss
SUBJECT
First Reading of Ordinance No. 056, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Schrader
Rezoning.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This is a request to rezone a parcel owned by Schrader Oil Company and the abutting Burlington
Northern Santa Fe right-of-way, presently zoned T (Transition), to RDR (River Downtown
Redevelopment). The subject site consists of 5 t acres located south of Willow Street and east
of College Avenue.
BACKGROUND
In March of 1997, as part of the comprehensive rezoning of the City, all properties were to be
zoned based upon new zone district classifications created under City Plan. Staffs
recommended zoning for the subject property was RDR. The property owner wanted I,
Industrial. Because of the disagreement between staff and the property owner, the property was
placed into the T Zone, which is a temporary "holding" zone that permits only existing uses.
At that time, the City and County were also engaged in a joint study of the Poudre River and it
was thought that the process would result in a more detailed land use analysis and then possible
additional zoning changes. The City opted to rely on the Poudre River Corridor chapter of the
new City Plan, and the corresponding zoning districts that were adopted.
During 2002, the property owner prepared development plans to demolish an office building on
the site and an ancillary service area and construct a new office building and truck wash facility.
In order to receive approval to construct new structures on this property in the T zone, the owner
would have either: (1) received a variance from the Zoning Board of Appeals, or (2) rezoned the
property to River Downtown Redevelopment (RDR). The owner selected to seek a variance
approval from the ZBA instead of a rezoning.
May 17, 2005 -2- Item No. 13
On January 9, 2003, the ZBA granted a variance to permit the proposed construction within the
T zone district. This approval was conditioned upon the rezoning of the property into the RDR
district within six months of issuance of a temporary Certificate of Occupancy for the new office
building. With the construction recently completed, the proposed rezoning action is intended to
fulfill the owner's obligation on the ZBA's approval.
Surrounding Zoning and Existing Land Use
The rezoning area contains a gas station/convenience store, office building, truck wash facility
and Burlington Northern/Santa Fe railroad tracks.
Existing Land Use Existing Zoning
North CSU Engine Lab(housed in RDR/POL
former Power Plant)/Northside
Aztlan Center
East Bas Bleu Theatre,Industrial Uses RDR
South Motorcycle Repair Shop, RDR/D
Restaurant (housed in
former rail station), Feed
Store, Retail
West Vacant, Poudre River trail, D
Restaurant Taco John's
Staff Analysis—Rezoning Request
The request to rezone is considered quasi-judicial since the parcel is less than 640 acres. There
are two mandatory standards to be used in evaluating a request for a quasi-judicial rezoning. At
least one of these standards must be met in order to justify the rezoning. In this case, the staff
believes that both standards are met. These standards and an explanation of how the request
complies are summarized below:
A. Any amendment to the Zoning Map shall be recommended for approval only if the
proposed amendment is consistent with the City's Comprehensive Plan.
The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a
basic framework, showing how Fort Collins should grow and evolve over the next 20 years.
The map designates the subject property as "Downtown" and included in the "Poudre River
Study Area" overlay. Within this "Poudre River Study Area", the applicable zone district for the
property is R-D-R, River Downtown Redevelopment.
The purpose for the R-D-R zone is stated as:
"The River Downtown Redevelopment District is intended to establish the linkage between Old
Town and the River through redevelopment of the Cache La Poudre River(the "River") corridor.
This district offers opportunities for more intensive redevelopment of housing, businesses and
workplaces to complement Downtown. Improvements should highlight the historic origin of
Fort Collins and the unique relationship of the waterway and railways to the urban environment
May 17, 2005 -3- Item No. 13
as well as expand cultural opportunities in the Downtown area. Any significant redevelopment
should be designed as part of a master plan for the applicable group of contiguous properties.
Redevelopment will extend the positive characteristics of Downtown such as the pattern of
blocks, pedestrian-oriented streetfronts and lively outdoor spaces."
It is the opinion of staff that the zoning is consistent with the following policy of City Plan.
Policy PRC-1 River Segments — The Poudre River Corridor has distinct segments containing
unique characteristics, opportunities, and constraints as defined below.
C. Historic and Cultural Core Segment (College Avenue to Lemay Avenue).
This segment of the river includes many of the community's oldest and
most significant historic and cultural features, the Old Town Historic
District, and the Downtown. Land Uses in the area should be more
flexible than in other river segments and emphasize connecting the river
to Downtown, providing multi purpose spaces that celebrate the historic
relevance of the river to the community, continue the important and
unique relationship between the waterway and surrounding urban
environment, and maintain those natural elements of the river as it passes
through the Downtown. To the extent feasible, the floodplain will be
protected and natural habitat, wildlife movement, floodplain and
recreational values will be maintained. Redevelopment opportunities will
be permitted.
B. Any amendment to the Zoning Map shall be recommended for approval only if the
proposed amendment is warranted by changed conditions within the neighborhood
surrounding and including the subject property.
The request is warranted by a change in conditions within the neighborhood and on the subject
property. Since the time that this property was zoned into the T District, the neighborhood has
undergone a shift in land uses; new buildings have been constructed or are in the planning
stages. The former Giddings Machine Shop building on Willow Street has undergone a
conversion to a small-scale performance facility occupied by the Bas Bleu Theatre. A site
adjacent the theatre has been cleared and is in the design stage for a future housing project. As
mentioned, the subject property has changed significantly. The applicant has demolished
structures and built a new office building for Schrader Oil Co. as well as an adjacent truck wash
facility.
FINDINGS OF FACT/CONCLUSIONS:
In evaluating the request for Amendment to the Zoning Map for the Schrader Property at 320 N.
College Avenue, with a designation of RDR, Staff makes the following findings of fact:
A. The subject area is designated on the City Structure Plan as "Downtown" and with the
"Poudre River Study Area". The request is therefore consistent with the City Structure
Plan.
May 17, 2005 -4- Item No. 13
B. The proposed amendment is warranted by changed conditions within the neighborhood
surrounding and including the subject property.
C. The request fulfills a condition of approval made by the Zoning Board of Appeals of a
variance request on the subject property that was granted in 2003.
Planning and Zoning Board Recommendation
The Planning and Zoning Board considered the Schrader Zoning at its April 21, 2005 meeting.
The Board voted unanimously (4-0, Meyer, Stockover and Carpenter absent) to recommend that
City Council approve the rezoning request as recommended by staff. The application was
approved on the Consent Agenda.
ATTACHMENTS
1. Vicinity Map
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1 inch : 300 feet
ORDINANCE NO. 056, 2005
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 SCHRADER 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:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by changing the zoning classification from"T",Transition Zone District,to"RDR",
River Downtown Redevelopment Zone District, for the following described property in the City
known as the Schrader Rezoning:
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 7 NORTH,RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,LARIMER COUNTY,COLORADO,
THE SAID TRACT IS ALSO PARTS OF BLOCKS 4,6,AND 7,PORTIONS OF THE VACATED SPRUCE AND PINE
STREETS AND THE VACATED ALLEY ALL BEING A PART OF THE ORIGINAL MAP OF THE TOWN OF FORT
COLLINS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
CONSIDERING THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 12 AS BEARING NORTH 00
DEGREES 23 MINUTES 57 SECONDS EAST BETWEEN A FOUND 3" BRASS CAP MONUMENT AT THE WEST
QUARTER CORNER OF THE SAID SECTION 12 AND A FOUND 3 1/4" BRASS CAP MONUMENT, AT THE
NORTHWEST CORNER OF THE SAID SECTION 12,BASED UPON G.P.S.OBSERVATION AND THE CITY OF FORT
COLLINS COORDINATE BASE;
COMMENCING AT THE SAID WEST QUARTER CORNER OF SECTION 12;
THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST QUARTER,NORTH 00 DEGREES 23
MINUTES 57 SECONDS EAST FOR A DISTANCE OF 965.89 FEET TO THE SOUTHWEST CORNER OF PARCEL 1
AS SHOWN ON A LAND SURVEY PLAT RECORDED NOVEMBER 9, 1998 AT RECEPTION NO. 98098308
RECORDS OF THE CLERK AND REORDER OF THE SAID LARIMER COUNTY;
THENCE ALONG THE SOUTH LINE OF THE SAID PARCEL 1, SOUTH 68 DEGREES 54 MINUTES 37
SECONDS EAST FOR A DISTANCE OF 19.37 FEET TO THE EAST LINE OF THE ADDITIONAL RIGHT OF WAY FOR
NORTH COLLEGE AVENUE AND TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG THE SAID ADDITIONAL RIGHT OF WAY THE FOLLOWING FOUR(4)COURSES AND
DISTANCES,(1)NORTH 30 DEGREES 49 MINUTES 59 SECONDS WEST FOR A DISTANCE OF 12.39 FEET;
(2) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 45.00 FEET A CENTRAL ANGLE OF 32
DEGREES 58 MINUTES 30SECONDS AND AN ARC LENGTH OF 25.90 FEET,BEING SUBTENDED BY A CHORD
OF NORTH 14 DEGREES 20 MINUTES 44 SECONDS WEST FOR A DISTANCE OF 25.54 FEET;
(3)NORTH 02 DEGREES 28 MINUTES 06 SECONDS EAST FOR A DISTANCE OF 37.67 FEET;
(4)NORTH 05 DEGREES 44 MINUTES 55 SECONDS EAST FOR A DISTANCE OF 95.31 FEET TO THE
EXISTING RIGHT OF WAY OF NORTH COLLEGE AVENUE;
THENCE ALONG THE SAID RIGHT OF WAY,NORTH 06 DEGREES 39 MINUTES 57 SECONDS EAST
FOR A DISTANCE OF 20.90 FEET TO THE SOUTHERLY RIGHT OF WAY OF WILLOW STREET;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY, SOUTH 89 DEGREES 44 MINUTES 03
SECONDS EAST FOR A DISTANCE OF 44.41 FEET;
THENCE CONTINUING ALONG THE SAID SOUTHERLY RIGHT OF WAY, ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 300.17 FEET A CENTRAL ANGLE OF 41 DEGREES 59 MINUTES 53 SECONDS AND
AN ARC LENGTH OF 220.03 FEET,BEING SUBTENDED BY A CHORD OF SOUTH 68 DEGREES 44 MINUTES 07
SECONDS EAST FOR A DISTANCE OF 215.13 FEET;
THENCE CONTINUING ALONG THE SAID SOUTHERLY RIGHT OF WAY, SOUTH 48 DEGREES 26
MINUTES 37 SECONDS EAST FOR A DISTANCE OF 949.71 FEET TO THE WESTERLY RIGHT OF WAY OF
LINDEN STREET;
THENCE ALONG THE SAID WESTERLY RIGHT OF WAY, SOUTH 41 DEGREES 33 MINUTES 23
SECONDS WEST FOR A DISTANCE OF 143.24 FEET TO THE SOUTHERLY LINE OF THE NORTHERN COLORADO
FEEDERS SUPPLY,INC.TRACT;
THENCE ALONG THE SAID SOUTHERLY LINE,NORTH 48 DEGREES 27 MINUTES 19 SECONDS WEST
FOR A DISTANCE OF 250.00 FEET;
THENCE CONTINUING ALONG THE SAID SOUTHERLY LINE, SOUTH 41 DEGREES 33 MINUTES 23
SECONDS WEST FOR A DISTANCE OF 66.69 FEET;
THENCE CONTINUING ALONG THE SAID SOUTHERLY LINE,NORTH 48 DEGREES 26 MINUTES 37
SECONDS WEST FOR A DISTANCE OF 75.00 FEET TO THE SOUTHERLY LINE OF THE SCHRADER OIL CO,
TRACT;
THENCE ALONG THE SAID SOUTHERLY LINE OF THE SCHRADER OIL CO.TRACT THE FOLLOWING
SEVEN (7) COURSES AND DISTANCES, (1) SOUTH 41 DEGREES 33 MINUTES 23 SECONDS WEST FOR A
DISTANCE OF 83.31 FEET;
(2)NORTH 48 DEGREES 27 MINUTES 19 SECONDS WEST FOR A DISTANCE OF 416.03 FEET;
(3)ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 604.11 FEET A CENTRAL ANGLE OF 08
DEGREES 31 MINUTES 00 SECONDS AND AN ARC LENGTH OF 89.80 FEET,BEING SUBTENDED BY A CHORD
OF NORTH 44 DEGREES I I MINUTES 49 SECONDS WEST FOR A DISTANCE OF 89.71 FEET;
(4)NORTH 39 DEGREES 56 MINUTES 19 SECONDS WEST FOR A DISTANCE OF 110.31 FEET;
(5)ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 921.29 FEET A CENTRAL ANGLE OF 02
DEGREES 21 MINUTES 42 SECONDS AND AN ARC LENGTH OF 37.97 FEET,BEING SUBTENDED BY A CHORD
OF NORTH 38 DEGREES 52 MINUTES 36 SECONDS WEST FOR A DISTANCE OF 37.97 FEET;
(6) NON-TANGENT FROM THE PREVIOUS CURVE,NORTH 21 DEGREES 54 MINUTES 37 SECONDS
EAST FOR A DISTANCE OF 46.45 FEET;
(7)NORTH 68 DEGREES 54 MINUTES 37 SECONDS WEST FOR A DISTANCE OF 72.34 FEET TO THE
POINT OF BEGINNING. CONTAINING 6.318 ACRES MORE LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code be, and the same hereby is, changed and amended by showing that the above-described
property is not 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 17th day of
May, A.D., 2005, and to be presented for final passage on the 7th day of June, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of June, A.D. 2005.
Mayor
ATTEST:
City Clerk