HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2009 - SECOND READING OF ORDINANCE NO. 124, 2009, AMENDIN DATE: November 17, 2009 -
STAFF: Pete Wray -
ISUBJECT
Second Reading of Ordinance No. 124, 2009, Amending the Zoning Map of the City of Fort Collins by Changing the
Zoning Classification for that Certain Real Property Known as the Mountain Vista Subarea Plan Rezoning.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 3,2009, rezones six areas within the Mountain
Vista subarea. These involve adjustments to the size and location of Industrial,Employment,Community Commercial,
Medium Density Mixed-Use Neighborhoods, Low Density Mixed-Use Neighborhoods, and Transition Zone Districts.
The proposed rezoning changes are consistent with the City Structure Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- November 3, 2009.
(w/o original attachments)
ATTACHMENT 1
DATE: November 3, 2009 AGENDA ITEM SUM MARY
STAFF: Pete Wray FORT
SUBJECT
First Reading of Ordinance No. 124, 2009, Amending the Zoning Map of the City of Fort Collins by Changing the
Zoning Classification for that Certain Real Property Known as the Mountain Vista Subarea Plan Rezoning.
EXECUTIVE SUMMARY � T� V 7
This Ordinance is a follow-up implementation action to the)September 15,2009 City Council Hearing adopting the 2009
update of the Mountain Vista Subarea Flan(Plan). In°conjunction with this-proposed rezoning,the Neighborhood Sign
District map is being amended.
Concurrent with the adoption of the update to the Plan on September 15, an amendment to the City Structure Plan
was adopted to reflect the recommendations from the Plan. The proposed rezoning changes will be consistent with
the City Structure Plan. The rezoning involves six areas within the subarea. These involve adjustments to the size
and location of Industrial, Employment, Community Commercial, Medium Density Mixed-Use Neighborhoods, Low
Density Mixed-Use Neighborhoods, and Transition Zone Districts.
The total combined proposed rezoning acreage within the subarea is less than 640 acres,which requires this quasi-
judicial hearing process as defined in the llnd Use'Code.
V � TP)V
BACKGROUND / DISCUSSION / J L JLL
Land Use Code Requirements for Rezoning
The regulations covering rezoning in the City of Fort Collins are contained in Division 2.9 of the Land Use Code,
Section 2.9.4 (H), include the requirements excerpted below, with staff findings on that respective paragraph.
(2) Mandatory Requirements for Quasi-Judicial Zonings or Rezoning.Any amendment to the Zoning
Map involving the zoning or rezoning of 640 acres of land or less(a quasi-judicial rezoning)shall
be recommended for approval-'by the Planning and Zoning_Board or approved by the City Council
only if the proposed amendment is: ���
a. Consistent with the Cityy''s?CCoomprLD e P�n.
The proposed rezoning (Attachment 4)is a follow-up implementation action with adoption of the Plan. The proposed
rezoning will help implement the Plan vision. In addition, the rezoning justification matches the justification for the
recently adopted City Structure Plan changes (Attachment 2). Therefore, the justification for these rezoning is
consistent with the Mountain Vista Subarea Plan,an element of City Plan, and consistent with the City Structure Plan,
part of City Plan.
b. Warranted by changed conditions within the neighborhood surrounding and including the
subject property.
The update to the Plan, as adopted on Septembe�1:57t2009-is�in-response to-changed conditions within the subarea,
including requested land use adjustments from area land owners and new market land demand analysis information.
The proposed 2009 rezoning is based onon t�comm„ endations•from the update to the Plan,as a result of an extensive
public outreach process. J 1t
November 3, 2009 -2- ITEM 19
(3) Additional Considerations for Quasi-Judicial Zonings or Rezoning. 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 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.
The proposed rezoning is compatible with existing and proposed land uses surrounding the subject areas,and consists
of appropriate zone districts for the area. The existing zoning within the subarea was adopted in 1999. The proposed
zoning is based on new market demand analysis incorporated into a complete planning process.
(b) Whether and the exte��to�which the proposed amendment would result in significantly
adverse impacts on the natu�allenvironment; including but-not limited to water, air, noise,
storm water management, wildlife, vegetatilon,rwetlandls,and the natural functioning of the
environment. J I �1
Staff finds no direct adverse impacts on the natural environment as a result of this proposed rezoning, because the
rezoning would implement the Plan. All environmental issues were considered in a complete planning process as part
of the Plan update.
(c) Whether and the extent to which the proposed amendment would result in a logical and
orderly development pattern.
The existing development pattern established by existing zoning represents a logical development pattern and balance
of non-residential and residential land uses. The proposed 2009 rezoning consists of moderate adjustments to reflect
new market analysis information. � , -� ��
These adjustments involve six areas within the sulbarea.)These-zon ng adjustment areas are shown as Areas A—F
in the attached rezoning reference map,(Attachmeent5t 55)�. T161 ollowingcription of each rezoning adjustment is
summarized. des
Area A: Industrial District(I)
The existing zoning map shows the Industrial classification of 326 acres in size (Attachment 3). The proposed
rezoning reflects an expansion of 138 acres, for a total of 464 acres. The rezoning would be consistent with the City
Structure Plan.
The existing Anheuser-Busch InBev brewery(ABI)establishes the core of future industrial use in the northeast. With
future expansion of the brewery and new industry locating adjacent to the brewery, this Industrial District is easily
accessed from the interstate, Mountain�Visfa Drive and\he BNSF R i wa I ay s mainline and spur tracks. This large
industrial area has been established siric�ea�ly��s. '
Area B: Employment District(E)
The existing zoning map shows the Employment classification of 483 acres in size. The proposed rezoning reflects
an expansion of 223 acres from the existing zoning, for a total of 706 acres. The rezoning would be consistent with
the City Structure Plan.
The future Employment District is primarily located within the Giddings Road and Mountain Vista Drive corridors,with
direct access to Mountain Vista Drive and 1-25. The Employment lands will provide both a buffer and transition
between the more intense ABI industrial operations and the existing and new residential neighborhoods to the west.
Area C: Community Commercial Distt�;(C,C)
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The existing zoning map shows the CC District classification of)89 in size. The proposed rezoning reflects a
decrease of 53 acres from the existing zoning JoIrta�torta�llo'f 2cres. The rezoning would be consistent with the City
Structure Plan.
November 3, 2009 -3- ITEM 19
The existing CC District designation reflected a plan that anticipated providing both neighborhood and regional scale
retail. Based on new market analysis information, regional retail uses, including big-box stores, will likely not locate
within this District. As a result, the revised size of the CC District is approximately 28 acres. This is an adequate
amount of land for such a district to accommodate multiple neighborhood retail and office needs and purposes.
Area D: Low Density Mixed-Use Neighborhoods (LMN)
The existing zoning map shows the LMN District classification of 1,599 acres in size. The proposed rezoning reflects
a decrease of 214 acres from the existing zoning, for a total of 1164 acres. The rezoning would be consistent with the
City Structure Plan.
The justification for the reduction in the amount of MN is based on expansion of Industrial and Employment in
the subarea. A balance of residential to non-residential land within the subarea is maintained.
rLighborh((( ) ) iArea E. Medium Density Mixed-Use �� ids(M N
The existing zoning map shows the MMN District classification of 149 acres in size. The proposed rezoning reflects
a decrease of 26 acres from the existing zoning, for a total of 123 acres. The rezoning would be consistent with the
City Structure Plan.
The MMN District is distributed adjacent to the Community Commercial District, central to this subarea,and adjacent
to the Enhanced Travel Corridors. The MMN classification is intended to be a place for predominantly attached, multi-
family housing within easy walking distance of transit and the Community Commercial District. The MMN Zoning will
form a transition and a link between the surrounding"lower density neighborhoods and the Community Commercial
District with a unifying pattern of streets and blocks.
Area P Transition (T) j 7W L l
The existing zoning map shows the T District classification of 73 acres in size. This zoning classification is located
on two separate properties; one parcel is 68 acres in s'e; an 1, the remaining property 5 acres in size. The proposed
rezoning reflects an adjustment to replace the existing 68 acre parcel from T with LMN. Staff received support from
the property owner to rezone this property. The rezoning would be consistent with the City Structure Plan.
Findings of Fact and Conclusion
In evaluating the proposed quasi-judicial rezoning, staff makes the following findings of fact:
A. The proposed rezoning is consistent with City Plan and more specifically the City Structure Plan Map and
Mountain Vista Subarea Plan, as amended and adopted oonnn September. 15, 2009.
B. The proposed rezoning is warranted by changed conditionsyit \nmthe'neighborhood surrounding and including
the subject property. �
C. The proposed rezoning is compatible with exiissting and proposed uses surrounding the subject land and is the
appropriate zone district for the land.
D. The proposed rezoning would not result in significantly adverse impacts on the natural environment.
E. The proposed amendment would result in a logical and orderly development pattern.
Residential Neighborhood Sign District Map
In conjunction with this rezoning, the Residential Neighborhood Sign-District-map is being amended by the following
two changes: �� y � �� Yand
1. The Waterglen subdivision, located northwest of East Vine Drive25, was previously excluded from the
Residential Neighborhood Sign District�map\\-Since this�is an exist ng residential development, it will now be
placed into the Residential Neighborhood Sign District to be consistent with all other residential areas within the
Mountain Vista subarea.
November 3, 2009 -4- ITEM 19
2. The portion of the Anheuser-Busch Inbev(ABI) property within the Mountain Vista subarea which is currently in
the Residential Neighborhood Sign District will now be excluded. This amendment will result in having the entire
ABI property not in the Residential Neighborhood Sign District. The amended Residential Neighborhood Sign
District map will be attached as an exhibit to the Ordinance.
FINANCIAL IMPACTS
Staff finds no direct financial impacts result from the proposed rezoning. The proposed rezoning represents a follow
up implementation action with the 2009 update to the Plan. However, as the subarea develops over time in
accordance with zoning, the City may participate in_short_and-long teY
rm.public infrastructure improvements and
potential funding options described in the Plan. I
P
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Sustainability considerations are addressed in the recently adopted update of the Plan. This rezoning is merely an
implementation action based on the land use recommendations from the Plan. As the subarea develops over time,
economic impactswill be complex. The Plan addresses many economicfactors such asjobs,retail,and infrastructure.
The physical environment will not be directly impacted by the proposed rezoning of the subarea. The Land Use Code
determines appropriate land uses,along with design and development standards required for new development. New
development is required to comply with Environmental and Natural Area Protection Standards to address any potential
environmental impacts. /�
Likewise, the health, safety and welllbeing off our community-and its\citizens will not be directly impacted by the
proposed rezoning of the subarea. The\proposed rezoning ofthe subarea represents only moderate adjustments to
the existing zoning in the area. These adju tms ents a con the recently amended City Structure Plan. They
reflect mixed-use zoning within each zone district and maintain a balance of jobs-to-housing citywide, and a balance
of residential and non-residential land within the subarea.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
77�7T 7-
BOARD / COMMISSION RECOMMENDATIONS� ) I f
J J
On August 20,2009 the Planning and Zoning Board voted (4-1)to support a recommendation to City Council to adopt
the update to the Mountain Vista Subarea Plan, and related items including City Structure Plan amendment and this
proposed rezoning (see Attachment 1).
PUBLIC OUTREACH
The public outreach process for the update to the Mountain Vita Subarea Plan started in March, 2008 and extended
seventeen months, ending in August 2009. During this process the following meetings were held:
6 Meetings with area property owners
4 Public open houses
3 City Council work sections
7 Meetings with individual neighborhoods
9 Planning and Zoning Board updates
3 Transportation Board updates
November 3, 2009 -5- ITEM 19
ATTACHMENTS
1. Minutes from the Planning and Zoning Board, August 20, 2009 recommendation hearing
2. City Structure Plan map
3. Existing zoning map, Mountain Vista subarea
4. Proposed zoning map, Mountain Vista subarea
5. Zoning Area Context Map
6. Powerpoint presentation
ORDINANCE NO. 124, 2009
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 VISTA SUBAREA 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, by Resolution 2009-090, the City Council has adopted an Amended Mountain
Vista Subarea Plan which Amended Plan calls for the rezoning of the properties which are the
subject of this Ordinance; and
WHEREAS,in accordance with the foregoing,the City Council has considered the rezoning
of the property which is the subject of this ordinance,and has determined that said property should
be rezoned as hereafter provided; and
WHEREAS,the City 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 City 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 that the Mountain Vista Subarea Plan Rezoning is hereby implemented 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 as shown on Exhibit "A" attached hereto and
incorporated herein by this reference.
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 as shown on Exhibit"B"attached hereto and incorporated
herein by this reference.
Section 3. That 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
November, A.D. 2009, and to be presented for final passage on the l7th day of November, A.D.
2009.
Mayor
ATTEST:
City Clerks
Passed and adopted on final reading on the 17th day of November, A.D. 2009.
Mayor
ATTEST:
City Clerk