HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2006 - SECOND READING OF ORDINANCE NO. 157, 2006, AMENDIN ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: October 17, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Second Reading of Ordinance No. 157, 2006, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Front
Range Second Rezoning.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
Ordinance No. 157, 2006, unanimously adopted on First Reading on October 3, 2006, rezones 45
acres located along the west side of South College Avenue from Trilby Road to Skyway Drive.
This Ordinance reverts the 45-acre subject area to C, Commercial zoning.
ITEM NUMBER: 22 A-B
AGENDA ITEM SUMMARY DATE: October 3, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT o
t )
Items Relating to the Front Range Second Rezoning and Structure Plan Amendment.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
The Planning and Zoning Board, at its regular monthly meeting on September 21, 2006, voted 7-0
to recommend approval of the Front Range Second Rezoning and Structure Plan Amendment.
EXECUTIVE SUMMARY
A. Resolution 2006-101 4ending e Cityure P Map.
B. Hearing and First Reading of Ordinance No. 157, 2006, Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for that Certain Property Known
as the Front Range Second Rezoning.
This is a request for a City Structure Plan amendment and rezoning of 45 acres located along the
west side of South College Avenue from Trilby Road to Skyway Drive.
The 45 acres are part of a larger, 58-acre land area. The current City Structure Plan and zoning map
both designate an integrated pattern ofNC,Neighborhood Commercial,and MMN,Medium Density
Neighborhood, and C, Commercial Corridor, for this land area.
This request would revert the 45-acre subject area to C,Commercial zoning,and thereby consolidate
the whole 58-acre area into C, Commercial zoning. (The difference of 13 acres is already zoned
Commercial.)
APPLICANT: CommeLialil g S i ,c/o Ivare -
7561 South Grant Street, Suite A-4
Littleton, CO 80111
October 3, 2006 -2- Item No. 22 A-B
OWNERS: Lithia Real Estate Inc.
360 East Jackson Street
Medford, OR 97501
Front RCgeien' d P i3573Erisrivu 33Tucson, 571
COL College and Trilby, LLC
President Hunt Douglas R.E. Services
P.O. Box 320342
Tampa, FL 33679
Southgate Church, Inc.
6541 South College Avenue
Fort Collins, CO 80525
BACKGROUND
The applicant,Commercial Build' S My
rty owners,Lithia Real Estate,
Front Range Limited Partner p, , and Southgate Church, has
submitted a written request for a rezonthe west side of South College
Avenue from Trilby Road to ng for these properties is C,
Commercial. Because the properties are currently in the Neighborhood Commercial Center and
Medium Density Mixed-Use Neighborhood designations on the Structure Plan, an amendment to
the plan is necessary.
Four properties are included in the Rezoning and Structure Plan Amendment request. There is a
farmstead home and several outbuildings in the middle of the property owned by Front Range
Limited Partnership and an existing church on the property owned by Southgate Church at the
northwest comer of South College Avenue and Trilby Road.
The surrounding zoning and land uses are as follows:
N: Larimer County C, FA; suburban subdivision; highway commercial strip
S: Larimer County C, FA; large lot sub; 2 lots converted to commercial
E: Larimer County C; hiob
ci p ,
W: Latimer County R2, F b vi n, p rted living facility
The property was annexed into e Cityo ns as the iman First Annexation on June 7,
1988.
The main considerations in staff support for this request are:
1. The request is to simply revert back to Commercial zoning,which has previouslybeen found
appropriate.
October 3, 2006 -3- Item No. 22 A-B
2. When the current NC/MMN zoning configuration was approved in 2000, staff found it to
be appropriate,but also found the Commercial zoning in place at that time was appropriate,
as well. In other words, either land use/zoning scenario could be appropriate and consistent
with City Plan; and eith 'de °n d de ' ation.
3. Freestanding develop nt has curre o our acr at the northwest corner of South
College and Trilby, wit e i mann ore consistent with Commercial
zoning than NC zoning.
Staff believes these considerations adequately support a conclusion that the Structure Plan needs to
be changed in response to this request.
A. Context of the Proposed Structure Plan Amendment
The City Structure Plan is the primary basis for zoning decisions. An amendment is a prerequisite
to this rezoning request.
To recommend approval of this proposal, staff and the Planning and Zoning Board have to find that:
1. the existing Structure Plan is in need of change; and
2. the proposed cCoals,
Id pr pu lfare and be consistent
with the vision, ciple policies City Plan.
These are the applicable criteria, contained in Appendix C of City Plan.
B. Staff Analysis - Structure Plan Amendment
Staff finds the requested Commercial Corridor designation acceptable primarily on the grounds that
the City has already found this site to be part of the South College Commercial Corridor on the
original 1997 City Structure Plan, consistent with all aspects of City Plan; and that it is still a valid
perspective.
The supermarket-anchored NC district initiative, which was the driving force behind the previous
rezoning, is no longer a factor. The need to change the designation to Commercial Corridor is to
expand flexibility in commercial land use while still allowing most of the uses permitted in the
current set of zone districts. Some factors behind the requested change are the imminent
construction of a super center s k o f subject property, in Loveland,
and the continuing influence o omm r al co us o ast side of College.
C. Rezoning Request '
In order to recommend approval of this proposal, staff and the Planning and Zoning Board would
have to find that the rezoning is:
1. consistent with the City's Comprehensive Plan; and/or
October 3, 2006 -4- Item No. 22 A-B
2. warranted b changed conditions within the neighborhood surrounding and including
Y !� g g
the subject property."
The above criteria are found inCem
on t e Code and outline mandatory
requirements for quasi-judicia In a i n e 1 ing subsection 2.9.4[H][3] lists
additional factors that may beer alon i e man tory requirements for this type of
quasi-judicial rezoning, as foli ..
"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:
1. 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;
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, air, noise, stormwater management, wildlife, vegetation,
wetlands and the natural environment'; and
3. whether and thCydevel
enomen
a ro se ndment would result in a
logical and ordat rn."
Purpose Statement of the Zone District
For convenient reference,the purpose statement of the C,Commercial(Section 4.17 of the Land Use
Code) zone district states:
"The purpose of the C District is to be a setting for development,redevelopment and
infill of a wide range of community and regional retail uses,offices and personal and
business services. Secondarily, it can accommodate a wide range of other uses
including g
creative forms of housing.
While some Commercial District areas may continue to meet the need for auto-
related and other auto-oriented uses, it is the City's intent that the Commercial
District emphasize safe and convenient personal mobility in many forms, with
planning and design thCgRej
D. Staff Analysis - RezoSt.
Is the request consistent with the City's Comprehensive Plan?
Yes. If the Structure Plan Amendment is supported,then the zoning logically follows. Zoning this
site as part of the South College Commercial Corridor is an appropriate fit with City Plan.
October 3, 2006 -5- Item No. 22 A-B
Have conditions changed in the neighborhood to warrant the rezoning?
This was not a deciding factor in staffs evaluation. Anecdotal information indicates that a recently
built superstore in north Love l eev efi ded for a supermarket-anchored
NC district at this location.
Is the rezoning request compatib ez: n posed surroundingthesubjectlandand
is it the appropriate zoning district for the land?
Yes. It is covered by evaluation of the Structure Plan Amendment. Essentially, the original City
Structure Plan found Commercial designation appropriate for the South College corridor; and
development standards are in place to achieve urban compatibility.
Will the rezoning have adverse effects on the natural environment?
No. Under either existing or proposed zoning, the same standards for protecting the natural
environment will apply.
Will the rezoning result in a logical and orderly development pattern?
Yes. Previous discussion noted e #e of of a u Commercial Corridor.
FINDINGS t
After reviewing the Front Range Second Rezoning and Amendment to the Structure Plan, staff
makes the following findings of fact and conclusions as explained above:
1. This request for a Structure Plan amendment adequately demonstrates a need to change the
designation, in response to the request. Such a change would be consistent with the City's
Comprehensive Plan.
2. This rezoning request is consistent with the City's Comprehensive Plan based on the
Structure Plan amendment.
3. The proposed C - Commercial Zoning District is appropriate for this property as an
extension of the South College Commercial Corridor.
4. The proposed rezoning l no tPI
iId
verse impacts on the natural
environment.
5. The proposed rezoning 'res 1rly pattern.
RECOMMENDATIONS
Staff recommends approval of the Front Range Second Rezoning and Structure Plan Amendment.
October 3, 2006 -6- Item No. 22 A-B
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at their regular monthly meeting on September 21, 2006, voted
7 -0 to recommend approval of t S in d Structure Plan Amendment.
J
ATTACHMENTS
1. Vicinity Map.
2. Existing Structure Plan—Site and Surrounding Context.
3. Proposed Structure Plan— Site and Surrounding Context.
4. Existing Zoning— Site and Surrounding Context.
5. Proposed Zoning— Site and Surrounding Context.
ORDINANCE NO. 157, 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 FRONT RANGE SECOND REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code")
establishes the Zoning Map and Zone Dis
tricts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria fo
r
o
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"NC",Neighborhood Commercial and"MMN"
Medium Density Mixed Use Neighborhood Zone Districts, to "C", Commercial Zone District, for
the following described property in the City known as the Front Range Second Rezoning:
Legal Description for Current NC Zone to be Changed to "C" Zone District.
AS DESCRIBED IN THE CITY OF FORT COLLINS ORDINANCE NO. 217, 2001, A
PARCEL LYING WITHIN THE SOUTHEAST ONE-QUARTER OF SECTION 11,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING:THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID
SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2 '/z" BRASS CAP
MARKED"PLS 14825"IN A RANGE BOX,AND AT THE EAST END BY A 3'/."BRASS CAP
MARKED"COLO DEPT OF HIGHWAYS"(PLS NUMBER IS ILLEGIBLE),IS ASSUMED TO
BEAR S 88°36'42" W, WITH A DISTANCE OF 2563.01 FEET BETWEEN SAID
MONUMENTS.
COMMENCING AT THE SOUTHEAST ONE-QUARTER OF SAID SECTION 11, THENCE
ON THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER, A DISTANCE OF 408.71
FEET;THENCE N 01`23'18"W, A DISTANCE OF 30.00 FEET, TO THE NORTH RIGHT-
OF-WAY LINE OF COUNTY ROAD #34 (TRILBY ROAD), AND THE POINT OF
BEGINNING;
THENCE S 88`36'42"W,ON SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 550.99
FEET;
THENCE N 01`57'21"W, A DISTANCE OF 576.89 FEET;
THENCE N 88'15'56" E, A DISTANCE OF 136.42 FEET;
THENCE N 24"13'54" E, A DISTANCE OF 554.49 FEET;
THENCE N 01'16'22" W, A DISTANCE OF 112.81 FEET;
THENCE N 89"48'18" E, A DISTANCE OF 204.33 FEET;
THENCE S 59"15'13" E, A DISTANCE OF 227.41 FEET;
THENCE N 90°00'00" E, A DISTANCE OF 161.70 FEET TO THE WEST RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 287(COLLEGE AVENUE);
THENCE S 00'21'52" E, ON SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 605.69
FEET;
THENCE S 88`07'19"W, A DISTANCE OF 360.46 FEET;
THENCE S 00°30'37"E, A DISTANCE OF 452.71 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 733,738 SQUARE FEET OR 16.844 ACRES.
AND
AS DESCRIBED IN THE CITY OF FORT COLLINS ORDINANCE NO. 170, 2004, A
PARCEL OF LAND BEING PART OF THE SOUTHEAST QUARTER(SE1/4)OF SECTION
ELEVEN (11). THE SOUTHWEST QUARTER(SW 1/4)OF SECTION TWELVE(12), THE
NORTHWEST QUARTER(N W 1/4)OF SECTION(13),AND THE NORTHEAST QUARTER
(NE1/4)OF SECTION FOURTEEN(14),TOWNSHIP SIX NORTH(T.6N.), RANGE SIXTY-
NINE WEST(R.69W.)OF THE SIXTH PRINCIPAL MERIDIAN(6TH P.M.),CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST(SE)CORNER OF SAID SECTION 11 ASSUMING
THE EAST LINE OF THE SE1/4 OF SAID SECTION AS BEARING NORTH 00°40'19"
WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE
SYSTEM,
NORTH ZONE, NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2646.18 FEET
WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE SOUTH 00`14'49" EAST ALONG THE EAST LINE OF THE NE1/4 OF SAID
SECTION 14 A DISTANCE OF 40.69 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°14'30"WEST A DISTANCE OF 49.83 FEET TO THE WEST RIGHT-
OF-WAY(ROW) LINE OF HIGHWAY#287(ALSO KNOWN AS COLLEGE AVENUE);
THENCE NORTH 00°29'19" WEST ALONG SAID WEST ROW LINE A DISTANCE OF
10.00 FEET TO THE SOUTH ROW LINE OF TRILBY ROAD;
THENCE SOUTH 88`27'35" WEST ALONG SAID SOUTH ROW LINE A DISTANCE OF
369.89 FEET TO THE EAST LINE OF TIMAN FIRST ANNEXATION;
THENCE NORTH 00°40'19" WEST ALONG THE EAST LINE OF SAID TIMAN FIRST
ANNEXATION A DISTANCE OF 531.00 FEET TO THE SOUTH LINE OF SAID TIMAN
FIRST ANNEXATION,
THENCE NORTH 88"27'35" EAST ALONG SAID SOUTH LINE AND ALONG THE
EASTERLY PROLONGATION OF SAID SOUTH LINE A DISTANCE OF 471.35 FEET TO
THE EAST ROW LINE OF HIGHWAY 9287 ALSO BEING THE WEST LINE OF KEL-MAR
STRIP SUBDIVISION RECORDED UNDER RECEPTION NUMBER 913846 IN THE
RECORDS OF LARIMER COUNTY;
THENCE SOUTH 00'30'57" EAST ALONG THE SAID EAST ROW LINE AS DEFINED BY
SAID KEL-MAR STRIP SUBDIVISION,BOOK 1059 PAGE 402,AND BOOK 1066 PAGE 184
OF THE RECORDS OF LARIMER COUNTY A DISTANCE OF 542.39 FEET, TO THE
SOUTH ROW LINE OF TRILBY ROAD, SAID LINE ALSO BEING THE NORTH LINE OF
THE SOUTHLAND AT TRILBY HEIGHTS SUBDIVISION FILING NO 1 RECORDED UNDER
RECEPTION NUMBER 99031585 ON APRIL 13, 1999;
THENCE SOUTH 89`14'30" WEST, A DISTANCE OF 50.17 FEET TO THE POINT OF
BEGINNING,-
SAID PARCEL OF LAND CONTAINS 5.761 ACRES, MORE OR LESS (±), AND IS
SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS OF RECORD OR AS
NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND.
Legal Description for Current MMN Zone to be Changed to "C" Zone District.
AS DESCRIBED IN THE CITY OF FORT COLLINS ORDINANCE NO. 217, 2001, A
PARCEL LYING WITHIN THE SOUTHEAST ONE-QUARTER OF SECTION 11,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING:THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID
SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2" ALUMINUM CAP
MARKED"PLS 23513"IN A RANGE BOX,AND AT THE EAST END BY A 3 Y."BRASS CAP
MARKED"COLO DEPT OF HIGHWAYS"(PLS NUMBER IS ILLEGIBLE),IS ASSUMED TO
BEAR N 89'37'42" E, WITH A DISTANCE OF 2574.18 FEET BETWEEN SAID
MONUMENTS.
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 11,THENCE
S 89°37'42" W, ON THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID
SECTION 11, A DISTANCE OF 335.62 FEET; THENCE S 00`44'52" E, A DISTANCE OF
33.31 FEET,TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SKYWAY DRIVE,AND THE
POINT OF BEGINNING;
THENCE S 00'26'39" E, A DISTANCE OF 767.38 FEET;
THENCE S 62°12'57"W, A DISTANCE OF 311.55 FEET;
THENCE S 01'18'45" E, A DISTANCE OF 605.10 FEET;
THENCE S 24°13'54" W, A DISTANCE OF 554.49 FEET;
THENCE S 88°15'56"W, A DISTANCE OF 136.42 FEET;
THENCE N 01`57'21"W, A DISTANCE OF 2037.48 FEET TO THE SOUTHERLY RIGHT-
OF-WAY LINE OF SAID SKYWAY DRIVE;
THENCE ON SAID SOUTHERLY LINE, S 89°15'08"E,A DISTANCE OF 689.35 FEET,TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 964,716 SQUARE FEET OR 22.147 ACRES.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)ofthe 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 3rd day of
October, A.D. 2006, and to be presented for final passage on th day of October, A.D. 2006.
� 1
Mayo
ATTEST:
I k t�A
City Clerk
Passed and adopted on final reading on the 17th day of October, A.D. 2006.
Mayor
ATTEST:
City Clerk