HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/04/2005 - FIRST READING OF ORDINANCE NO. 118, 2005, AMENDING ITEM NUMBER: 27
AGENDA ITEM SUMMARY DATE: October4, 2005
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
First Reading of Ordinance No. 118, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Hellenic
Plaza Rezoning.
RECOMMENDATION
Staff recommends denial of the requested rezoning. The Planning and Zoning Board voted 6 - 0
to recommend denial of the requested rezoning.
EXECUTIVE SUMMARY
The parcel was annexed into the City in February, 1964 and placed in the A — Residential
District. It was rezoned RH - residential High-Density in 1965. In March of 1997, in order to
implement City Plan and Land Use Code, the 1.267 acre property now being considered for
rezoning was placed in the CC — Community Commercial District. In March, 1999, in
accordance with the adoption of the West Central Neighborhoods Plan, the property was rezoned
MMN - Medium Density Mixed-Use Neighborhood. The MMN District does not permit a coffee
and pastry/deli shop (fast food restaurant) as requested on the Rezoning Petition. Therefore, the
rezoning request does not comply with City Structure Plan and the West Central Neighborhoods
Plan.
APPLICANT: Eastpoint Studio, LLC
c/o Don Brookshire
3207 Kittery Court
Fort Collins, CO 80526
OWNER: Hellenic Plaza, LLC
P.O. Box 1613
Fort Collins, CO.
October 4, 2005 -2- Item No. 27
BACKGROUND
Back rod und:
The surrounding zoning and land uses are as follows:
N: RL, NCB; Existing single-family residential
S: Not Zoned; Existing Colorado State University Alumni Center
E: NCL; Existing single-family residential
W: MMN; Existing sorority house (Chi Omega)
The property was annexed as part of the Delta Eta House Association Annexation in February,
1964, and zoned A (a residential district).
The property was rezoned RH - Residential High-Density in 1965 and remained RH until March,
1997.
The property was rezoned CC - Community Commercial in March, 1997 with the adoption of
the new comprehensive plan, City Plan.
The property was rezoned MMN - Medium Density Mixed-Use Neighborhood in March, 1999
with the adoption of the West Central Neighborhoods Plan.
The property has not been platted to date. However, it does contain one vacant building, most
recently having been the Sigma Chi Fraternity House.
City Plan Rezoning
In March of 1997, in order to implement City Plan and Land Use Code, the 1.267 acre property
now being considered for rezoning was placed in the CC — Community Commercial District. In
March, 1999, in accordance with the adoption of the West Central Neighborhoods Plan, the
property was rezoned MMN - Medium Density Mixed-Use Neighborhood.
Current Request
The applicant, Hellenic Plaza, LLC, c/o Eastpoint Studio, LLC/Don Brookshire, filed a rezoning
petition with the City on July 15, 2005. The applicant is requesting a rezoning of 1.267 acres
from MMN—Medium Density Mixed-Use Neighborhood to CC - Community Commercial. The
MMN District does not permit a coffee and pastry/deli shop (fast food restaurant) as requested
on the Rezoning Petition. The property currently contains one vacant building, most recently
having been the Sigma Chi Fraternity House.
The requested zoning for this property is the CC - Community Commercial District. There are
numerous uses permitted in this District, subject to either administrative review or review by the
Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive
Plan, presently suggests that Medium Density Mixed-Use Residential is appropriate in this
location.
October 4, 2005 -3- Item No. 27
In evaluating the rezoning request, staff is guided by Article 2, Sections 2.9.4(H)(2) and (3). The
request to rezone the 1.267 acre parcel is considered a quasi-judicial action since the parcel is
less than 640 acres. The requested rezoning and amendment to the Zoning Map shall be
recommended for approval by the Planning and Zoning Board or approved by City Council only
if the proposed amendment is consistent with the City's Comprehensive Plan.
West Central Neighborhoods Plan
The Land Use and Housing Densities Plan, as part of the West Central Neighborhoods Plan,
adopted in March, 1999, identifies this property as Medium Density Mixed-Use. As stated in
Policy B1 of the West Central Neighborhoods Plan, under Medium Density Mixed-Use
Residential Areas:
"Areas currently devoted to, or in the future developed/redeveloped into, higher density
and intensity multi-family residential uses including apartment complexes,
condominiums, townhomes, fraternity and sorority houses, and other types of group
quarters, and mixed-use dwellings (residential units located with non-residential uses,
e.g., units on the upper floors of non-residential uses) along with supporting uses such as
schools, churches,parks, etc."
This section goes on to say that these areas should either retain their current MMN Zoning
applied during the City Plan community-wide rezoning effort in March, 1997, or be rezoned
from the current CC - Community Commercial to the MMN Zone.
As stated in Policy B2 of the West Central Neighborhoods Plan, under Medium Density Mixed-
Use Neighborhood District (MMN):
"The Medium Density Mixed-Use Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial district.
These neighborhoods form a transition and link between surrounding neighborhoods and
commercial areas."
This property, being in the MMN District, is north of and in close proximity to the Campus West
commercial area in the CC - Community Commercial District. The intent of the West Central
Neighborhoods Plan for this area is to revitalize and create a stronger CC zone district to the
south of the subject property, in the Campus West area, and discourage the proliferation of
commercial uses along the South Shields Street arterial street frontage. At this time the requested
rezoning of the property from MMN to CC is not in compliance with the adopted West Central
Neighborhoods Plan.
Structure 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 parcel as "Medium Density Mixed-Use Residential." Therefore, the request
for CC - Community Commercial zoning is not in compliance with the City Structure Plan.
October 4, 2005 -4- Item No. 27
Findings
In evaluating the request for the Hellenic Plaza Rezoning, Amendment to the Zoning Map from
MMN — Medium Density Mixed-Use Neighborhood to CC - Community Commercial,
Recommendation to City Council, Staff makes the following findings of fact:
1. With the City Plan rezoning in March of 1997, in order to implement City Plan and Land
Use Code, the 1.267 acre property now being considered for rezoning was placed in the
CC — Community Commercial District. In March, 1999, in accordance with the adoption
of the West Central Neighborhoods Plan, the property was rezoned MMN - Medium
Density Mixed-Use Neighborhood.
2. The requested rezoning of the property from MMN - Medium Density Mixed-Use
Neighborhood to CC - Community Commercial is not in compliance with the adopted
West Central Neighborhoods Plan.
3. The subject property for the Hellenic Plaza Rezoning is designated on City Structure
Plan as "Medium Density Mixed-Use Residential". The request to rezone the property to
CC - Community Commercial, therefore, does not comply with the City Structure Plan.
4. The request to rezone does not satisfy the applicable review criteria of the Section 2.9.4
(H) of the Land Use Code.
ATTACHMENTS
1. Vicinity Map
ATTACHMENT
N ir,
w C
O C
N
a C
GJ
c
c
O
C
W
N
C
F
I�
c
c
c
c
`v
C�
3
0
N
v7 awrwrouan
d 1rp1M11Mt y : V
cr
rn C
Ln *WASHNGU M AW O I
<O •C
W Qaflomw
! W
wlkvw T — MO ABON Gyr'
swilo t $,
�>rLLlill OA y
3 �I
0
JJ u >
6
O
of
Imalm
° E
O t
ro
x
ORDINANCE NO. 118, 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 HELLENIC PLAZA 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 "MMN",Medium Density Mixed-Use
Neighborhood Zone District, to "CC", Community Commercial Zone District, for the following
described property in the City known as the Hellenic Rezoning:
Commencing at a point 50 rods South of the Northeast Corner of Section 15,
Township 7 North, Range 69 West of the 6th P.M.,
Thence South 10 rods
Thence West 48 rods,
Thence North 10 rods,
Thence East 48 rods to the POINT OF BEGINNING;
EXCEPT that portion platted as the C.W.Johnson Subdivision,according to the Plat
filed April 13, 1955;
ALSO,Lots 4, 5 and 6, in the C.W. Johnson Subdivision to the City of Fort Collins,
Colorado, according to the Plat filed April 13, 1955;
EXCEPT portions conveyed by Deeds recorded in Book 1238, Page 537 and Book
1238, Page 538, Larimer County records;
ALSO EXCEPT any portion lying in the Right of Way of Shields Street.
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 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 4th day of
October, A.D., 2005, and to be presented for final passage on the 18th day of October, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of October, A.D. 2005.
Mayor
ATTEST:
City Clerk