HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/06/2006 - SECOND READING OF ORDINANCE NO. 081, 2006, AMENDIN ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: June 6, 2006
FORT COLLINS CITY COUNCIL STAFF: Ken Waldo
SUBJECT
Second Reading of Ordinance No.081,2006,Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for That Certain Property Known as the Mountain/Frey
Rezoning.
RECOMMENDATION
Staff recommends approval the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,unanimously adopted on First Reading on May 16,2006, approves the rezoning of
most of the Frey Subdivision(approximately 11.6 acres)from the L-M-N, Low Density Mixed Use
Neighborhood,District designation to the N-C-L,Neighborhood Conservation Low Density,District
designation.
ITEM NUMBER: 16 A-B
AGENDA ITEM SUMMARY DATE: May 16, 2006
FORT COLLINS CITY COUNCIL
STAFF: Ken Waido
SUBJECT °-
Items Relating to the Mountaiskw,)�eRe&Qia;arirmendrplt to the West Side Neighborhood
Plan.
RECOMMENDATION
Staff recommends approval the Ordinance on First Reading and the Resolution. The Planning and
Zoning Board voted 6-0 to recommend approval of the plan amendment and requested rezoning.
EXECUTIVE SUMMARY
A. Resolution 2006-052 Amending the Westside Neighborhood Plan Pertaining to the Frey
Subdivision.
x
B. First Reading of Ordin ce No. 1, 2 P'ydZoningMap of the City of Fort
Collins by Changing th ng fioertain Property Known as the
Mountain/Frey Rezoning.
APPLICANTS: Karen Wilken
143 Frey Avenue
Fort Collins, CO 80521
Sophia Linn
114 Frey Avenue
Fort Collins, CO 80521
City of Fort Collins, Advance Planning Department
OWNERS: Various Owners
This is a rezoning request for t ofe ey S fborho
(a imately 11.6 acres)to change the
zoning from the L-M-N,Low sity M ed U ,District designation to the N-C-L,
Neighborhood Conservation Lo sit , rignati d making an amendment to the
West Side Neighborhood Plan by changing the subject area on the "Future Land Use" map of the
Plan from the"Retain or Convert to Multi-Family"classification to the"Retain or Convert to Single
Family" classification. The request represents a resident initiated rezoning (downzoning) that
acknowledges the manner in which the subject area has developed. The Advance Planning
Department is also an applicant for the rezoning because Section 2.9.3 of the Land Use Code limits
rezoning requests to be "proposed by the Council, the Planning and Zoning Board, the Director or
the owners of the property to be rezoned." Not all property owners within the subject area (Frey
May 16, 2006 -2- Item No. 16 A-B
Subdivision) have signed the rezoning petition and the Advance Planning Department determined
that the rezoning request should be considered for the whole subject area and not a checkerboard
pattern of parcels owned just by the signers of the rezoning petition. The portion of the Frey
Subdivision not included in thMexistlising
Bl 2 Lot 12, a 1.2 acre parcel that
was redeveloped in May 198C 1 d nit Development (PUD) for 10
townhome units and retainingf i y hom n the parcel.
BACKGROUND
The surrounding zoning and land uses are as follows:
N: Outside of city limits; FA, Farming, and I, Industrial;
a small business (Friendly Fire), Forney Industries, and single-family and multi-
family housing.
E: N-C-L, Neighborhood Conservation Low Density, District;
single-family homes; and
L-M-N, Low Density Mixed Use Neighborhood ;
the Mountain Court PUD 10 multi-family townhomes and a single-family home,the
only part of the Fr bdiv' ' n n t included in a rezoning request.
S: P-O-L, Public Open L s, D ' t;
City Park, City ark Nin olf d th am for the Historic Trolley.
W: P-O-L, Public Open L D'st �.
Grandview Cemetery.
In 1965, there was a comprehensive rezoning of the City of Fort Collins. At that time, all of the
neighborhoods south of LaPorte Avenue,west of Shields Street,and north of the alley between Oak
Street and Olive Street (as well as large portions of other older neighborhoods in the city) were
placed in the R-M, Medium Density Residential, District.
The subject area was annexed(Frey Annexation)into the city in July 1967 and placed into the R-M
District. The R-M District permitted single-family and multi-family residential uses. Multi-family
uses had to meet a 1:2 floor area to lot size ratio and minimum lot sizes, e.g., 6,000 square feet for
duplexes and 9,000 square feet for all other multi-family uses.
In 1978, there was a resident initiated rezoning (downzoning, the Wells, et. al. West Mountain
Rezoning#29-78) which chanC
oni f 8 es, ca 11 of the neighborhoods in the
R-M District located east of tt ea t S Id treet from the R-M to the R-L,
Low Density Residential, Dis ubjec r s ret ed in the R-M District. The R-L
District limits residential uses g f h es. The sidents requested the rezoning and
the City Council approved the rezoning to stop the random, haphazard conversion of single-family
homes to multi-family units that were tending to undermine the stability and changing the character
of the predominantly owner-occupied, single-family neighborhoods.
In 1989, the City adopted the West Side Neighborhood Plan as an element of the City's
Comprehensive Plan. The West Side Neighborhood Plan in conjunction with the East Side
Neighborhood Plan(adopted in 1986)provided the policy basis for additional rezonings of the older
neighborhoods in the city. Thus, in 1990, the neighborhoods east of the subject area that were
May 16, 2006 -3- Item No. 16 A-B
rezoned from R-M to R-L in 1978, were rezoned again into a new zoning district, the N-C-L
District, which was specifically designed to help implement the East and West Side Neighborhood
Plans. The East and West Side Neighborhood Plans designated which portions of the
neighborhoods should be prCort
a le- hoods; which portions were
appropriate for residential denin rcati ( ., rm i conversions of single-family to
multi-family units); and whichs ere a o ate for 1 d use conversions (i.e., permitting
conversions from residential tsi a swell ennitting conversions of single-
family to multi-family units). The subject area was deemed appropriate for multi-family uses and
was retained in the R-M District.
In 1997, the City adopted City Plan as the new Comprehensive Plan. Also, in 1997, there was
h R-M District and several other 196 -era zoning another comprehensive rezoning of the city. The 5
p g tY g
districts,were eliminated and replaced with new districts designed to implement the policies of City
Plan. The subject area was thus rezoned from the R-M District to the L-M-N District. The L-M-N
District was applied to all former R-M District areas throughout the city.
Land Use Code
The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the
Land Use Code. Section 2.9.4 (H) (2) indicates the following:
Mandatory Requireme sZfor s)re
ci on Any amendment to the
Zoning Map involving oni on g of six ndred forty (640) acres of
land or less (a quasi-ju ezoa be reco nded 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 Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood surrounding and
including the subject property.
Section 2.9.4 (H) (3) of the Land Use Code indicates the following:
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 th tent ich p ed dment is compatible with
existing and posed es s o mg th subject land, and is the
appropriate zone �It
(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 natural functioning of the environment;
May 16, 2006 -4- Item No. 16 A-B
(c) whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern.
APPLICANTS' REQUEST S
This is a resident-requested r oning 1 by ilken d Sophia Linn, who submitted a
rezoning petition signed by 40 ° of p owners caning 25 (80%) of 31 properties,
encompassing 9.6 (83%) of the 11.6 acres in the subject area.
The following was submitted by the applicants.
"Reason for request:
This is a resident-initiated request for rezoning of Frey subdivision from its current
LMN designation to NCL designation, and for a modification to the West Side
Neighborhood Plan changing from"retain or convert to multi-family"to "retain or
convert to single-family".
Article 2, Division 2.9.4 (H)(2)(a):
The proposed amendme o e y' omprehensive Plan as
stated in the Land Use de. ang d ain and possibly enhance)the
existing integrity and c acter o he Fr s 1 ision, d would help to minimize
any threat to the West Si ghb d' tinuati s one of the oldest single-
family residential areas in Fort Collins.
Article 2, Division 2.9.4 (H)(2)(b):
The signers of the attached petition consider the zoning amendment warranted by the
changed conditions within the Frey subdivision. When the current LMN zoning for
the subdivision was designated, the subdivision contained three light-industrial
businesses: a small trucking company, a small greenhouse/nursery, and a small
cemetery monument company. The trucking company and greenhouse/nursery have
gone out of business; the monument company has relocated east of town.
The change would stabilize the residential core by curtailing further development of
1 be commensurate with and a
multi-family and commercial enterprises, and would ,
positive extension of, in e n enue boulevard as a
landscaped east/west n bor d des t.
Consistent with the Cit icy o ng in-fi. evelopment, nine (9) new
custom houses have been built in the Frey subdivision in the last 14 years on land
vacated, in large part, by the three no longer present businesses. Frey subdivision
is now 100% residential, the positive addition to the property tax base has been
considerable, and the neighborhood is developing a strong sense of integrity.
The proposed amendment is compatible with existing uses surrounding the subject
land (Grandview cemetery to the west, City Park Nine to the south, NCL zoning to
May 16, 2006 -5- Item No. 16 A-B
the east, and light industrial on the north side of Laporte Avenue). There would be
no adverse impacts on the natural environment because of this change."
STAFF ANALYSIS PP"
City Plan, The City's ComprCensive an:
As indicated above,any request to rezone less than 640 acres is considered a quasi-judicial rezoning
and the first "criteria" for approving the request is consistency with City Plan, the City's
Comprehensive Plan.
The City Structure Plan map, an element of City Plan, sets the basic land use framework showing
how Fort Collins should grow and evolve over the next 20 years. In other words,the Structure Plan,
through its land use designations, helps provide a guide to determine the appropriate zoning for
properties within the city. The Structure Plan basically divides land into four broad categories:
Neighborhoods, Districts, Corridors, and Edges. There are several sub-categories within the four
major categories. Unfortunately,the Structure Plan shows the subject area as being contained in the
"Open Lands, Parks, Stream Corridors"category. This is more of a graphic issue due to the broad
brush approach used to depict "Stream Corridors" on the Structure Plan map; i.e., these corridors
often contain parts of adjacent neighborhoods and areas that are not really part of a stream corridor.
It can safely be argued, howevCthaltsubje aUse Neighborhoods category d e Stto implement the Low Densitys b Dods ca ry on the Structure Plan including
the L-M-N District, N-C-L District; the R-L District; the N-C-M, Neighborhood Conservation
Medium Density, District; and the N-C-B, Neighborhood Conservation Buffer, District. So,both
the existing L-M-N District and the requested N-C-L District could be justified by the Structure Plan
map.
City Plan also contains several policies related to changing existing neighborhoods. For example,
Policy EXN-1.1 Changes to Existing Residential Developments, states, in part, the following:
No significant changes to the character of existing residential developments will be
initiated by City Plan. Changes, ifany, will be carefullyplanned and will resultfrom
initiative by residents orfrom a specific subareaplanprepared in collaboration with
residents.
A related policy,Policy GM-2 de It Subarea Plans, states,in part,
the following:
Neighborhood subare s e design appropriate areas for
redevelopment and infill in historic neighborhoods.
The above policies indicate the guidance for changes to residential neighborhoods rests with
neighborhood residents or subarea plans. Thus, the analysis of the requested rezoning must also
look at the West Side Neighborhood Plan.
May 16, 2006 -6- Item No. 16 A-B
WEST SIDE NEIGHBORHOOD PLAN
As indicated above, in 1989, the City adopted the West Side Neighborhood Plan as an element of
the City's Comprehensive PlanCer
odfro
Y
Ian designates the subject area
in the"Retain or Convert to M do990,when the neighborhoods
located east of the subject arearez into -C-L District,the subject area
was retained in the R-M Distri 'nto 1997).
Literally, the subject area is still designated in the West Side Neighborhood Plan as an area that
should retain multi-family uses or convert to multi-family uses. Such uses would not be permitted
in the requested N-C-L District. Therefore, the resident-initiated request to change the zoning of
the subject area also contains a request to amend the Plan's designation from one to retain multi-
family uses or convert to multi-family uses to one that retains single-family uses or converts to
single-family uses. An amendment to the West Side Neighborhood Plan to depict the subject area
as an area that retains single-family uses or converts to single-family uses would make the requested
rezoning to the N-C-L District consistent with the City's Comprehensive Plan as required by
Division 2.9 of the Land Use Code, Section 2.9.4 (H) (2).
The West Side Neighborhood Plan called the area the "City Park Edge" and stated the following:
City Park Edge
Located on the northe edge City ar and c tly zoned R-M, Medium
Density Residential, thi ar 1 evelo top quality multi-family
units that integrate well with the park.
• Uses encouraged: same as Conservation Area (i.e., churches, schools and
public/quasi-public recreational uses; accessory dwelling units such as
basement apartments; group homes; single family homes; multi-family
dwellings) with the primary use intended to be single family residential.
• Retain the R-M, Medium Density Residential, zone.
• Encourage high quality condominium and townhouse development in current
R-M, Medium Density Residential, zone.
• Prohibit encroachment of multi-family development into single family core;
build out current proposed projects.
• Establish a density limit for multi-family greater than triplex at 75 units per
acre.
• New con structio s d - ily)
a. Height it 30 ;
b. Open s e requi ent °
C. Same gu es ns tion to control architectural
character.
In analyzing the land use change request it is critically important to review the reasons why the
subject area was designated as an area appropriate for conversion into a multi-family uses in 1989.
At the time of the development of the West Side Neighborhood Plan, the subject area contained a
mix of uses, including light industrial, commercial, and a relatively recent (1983) multi-family
residential infill development PUD. Thus,the subject area appeared to an area in transition. Also,
May 16, 2006 -7- Item No. 16 A-B
infrastructure of the area was not up to City standards. Frey Avenue was (and still is) an unpaved
street. There were also storm water drainage issues. Redevelopment could help correct these
infrastructure deficiencies. Since the adoption of the West Side Neighborhood Plan the subject area
has actually gone in an oppoCthe
cti m r n isioned in the Plan. As the
applicants have indicated,the 'al an c cia s have either gone out of business
or relocated to other parts Th e ave bee no additional multi-family infill
redevelopment projects. Ratei hrou the neighborhood, nine (9) new
custom single-family houses have been built in the Frey Subdivision.
Thus,to conclude staff s analysis,the designation of the subject area in the West Side Neighborhood
Plan as an area that should convert from single-family to multi-family residential uses has proven
to be in error. The housing market and resident desires for the subject area are for the area to be one
that converts to single-family uses or retains single-family uses.
FINDINGS OF FACT
In evaluating the request for an amendment to the West Side Neighborhood Plan and an amendment
to the Zoning Map for the subject area (most of the Frey Subdivision), staff makes the following
findings of fact:
A. In 1989, the City adofthell
We o d n as an element of the City's
Comprehensive Plan e L e" ap t Plan designated the subject area
inthe"Retain or Conu -Fam' assificatr
B. In 1990, when the neighborhoods located east of the subject area were rezoned from R-L
into the new N-C-L District, the subject area was retained in the R-M District (later to be
rezoned into L-M-N District in 1997).
C. In order for the requested rezoning to be consistent with the City's Comprehensive Plan,and
thus meet the requirement of Division 2.9 of the Land Use Code Section 2.9.4 (H) (2), that
the rezoning be consistent with the City's Comprehensive Plan,the"Future Land Use"map
in the West Side Neighborhood Plan needs to be changed for the subject area from the
"Retain or Convert to Multi-Family" classification to the "Retain or Convert to Single-
Family" classification. This change is warranted by changed conditions within the subject
area as previous light industrial and commercial uses have either gone out of business or
relocated to other parts of the city, no new multi-family residential redevelopment infill
projects have occurred and,in their place,new custom single-family houses have been built.
Changed conditions wit ' u ' e oY
criteria within Division 2.9 of
the Land Use Code Se on 2. . H) (2 c justify this rezoning request.
D. Section 2.9.4 (H) (3) o d o dice Planning and Zoning Board
and City Council may consider the following additional factors in determining whether to
recommend approval of any proposed zoning amendment:
(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;
May 16, 2006 -8- Item No. 16 A-B
In this case,the subject area is essentially totally developed and the existing uses are
compatible with uses within and surrounding the subject area,and the requested zone
is the appropriate zone district for the subject area.
(b) whether and t exte to w h th pr d amendment would result in
significantly a rse impp is on a tural en onment, including, but not limited
to, water, air, n ,.��for genre ildlife, vegetation, wetlands and
natural functioning of the environment;
Again,the subject area is essentially totally developed and the zoning change would
not result in any adverse impacts on the natural environment.
(c) whether and the extent to which the proposed amendment would result in a logical
and orderly development pattern.
Because the subject area is essentially totally developed, the zoning change would
only lock in the existing development patterns, which are mostly single-family
homes.
In January 2006,a new 5-bedroom bed and breakfast establishment,located at 1734 West Mountain
Avenue, (within the subject are a d under the regulations of the
existing L-M-N District. T bed bre aYpendi1nning
would become a legal non-
conforming use if the zoning ge fro L-M proved by Council. The bed and
breakfast owners are aware of fie f change.
STAFF RECOMMENDATION
A. The"Future Land Use"map in the West Side Neighborhood Plan be changed for the subject
area from the"Retain or Convert to Multi-Family" classification to the"Retain or Convert
to Single-Family" classification. (see map attached to Resolution 2006-052.)
B. Approval of the requested rezoning, changing the zoning of the subject area from the L-M-
N, Low Density Mixed Use Neighborhood, District to the N-C-L, Neighborhood
Conservation Low Density, District.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board re on g March 16, 2006, and as part of
the Consent Agenda, voted -0 to r omm d p ov the change to the West Side
Neighborhood Plan's "Future d Us map d proval o he requested rezoning.
u ._
ATTACHMENTS
1. Location map of the rezoning request.
2. Map showing property ownership parcels that signed and did not sign the Rezoning Petition.
3. Future Land Use map from the West Side Neighborhood Plan.
4. Letters in support of rezoning.
ORDINANCE NO. 081, 2006
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 MOUNTAIN/FREY 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 rezoningis 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 by Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification from"LMN',Low Density Mixed Use Neighborhood
Zone District,to"NCL",Neighborhood Conservation, Low Density Zone District, for the following
described property in the City known as the Mountain/Frey Rezoning:
A tract of land being a part of the North Half of the Southwest Quarter of Section 10,
Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado,and being more particularly described as follows,to wit:
Considering the west line of the Northeast Quarter of said Southwest Quarter as
bearing North as shown on the recorded plat of Mountain Court P.U.D. and with all
bearings contained herein relative thereto;
Beginning at the northwest comer of said Northeast Quarter; thence along the north
line of said Northeast Quarter in an Easterly direction 520 feet, more or less, to the
centerline of the Latimer County Canal No. 2; thence along the centerline of said
Canal, South 32`0V50" East 280 feet, more or less, to the most northerly comer of
Mountain Court P.U.D.; thence along the west line of said Mountain Court P.U.D.,
South 429.18 feet to the north right-of-way line of Mountain Avenue; thence South
00`07'20" West 70.0 feet to the centerline of Mountain Avenue; thence along the
centerline of Mountain Avenue,North 89`52'40"West 705 feet,more or less,to the
centerline of Grandview Avenue; thence along the centerline of Grandview Avenue
in a northerly direction 736 feet, more or less, to the north line of the Northwest
Quarter of the Southwest Quarter of said Section 10; thence along the north line of
said Northwest Quarter in an Easterly direction 35 feet to the Point of Beginning.
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 16th day of
May, A.D. 2006, and to be presented for final passage on the 6th day of June, A.D. 2006.
Mayor
ATTEST:
� �S
City Clerk ��tL
Passed and adopted on final reading on the 6th day of June, A.D. 2006.
Mayor
ATTEST:
City Clerk