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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/05/2002 - FIRST READING OF ORDINANCE NO. 041, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 24 FORT COLLINS CITY COUNCIL DATE: March 5, 2002 FROM: Steve Olt SUBJECT: First Reading of Ordinance No. 041, 2002, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Bella Vista Rezoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: This is a request to rezone 2.959 acres located at the northeast corner of East Horsetooth Road and Stanford Road. The site is currently vacant. The requested zoning for this property is MMN Medium Density Mixed-Use Neighborhood. The surrounding properties are zoned MMN - Medium Density Mixed-Use Neighborhood (to the north, south, and east) and C - Commercial (to the west). APPLICANT: Stanford Development, LLC c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 OWNER: Stanford Development, LLC 419 Canyon Avenue, Suite 300 Fort Collins, CO 80521 BACKGROUND: The applicant, Cityscape Urban Design, on behalf of the property owner, Stanford Development, LLC, has submitted a written request for the rezoning of 2.959 acres located at the northeast corner of East Horsetooth Road and Stanford Road. The site is currently vacant. The requested zoning for this property is MMN - Medium Density Mixed-Use Neighborhood. The surrounding properties are zoned MMN - Low Density Mixed-Use Neighborhood (to the north, south, and east) and C -Commercial (to the west). The surrounding zoning and land uses are as follows: lip N: MMN; existing multi-family residential (Aspen Leaf Apartments) E: MMN; existing multi-family residential (Aspen Leaf Apartments) DATE: arc ITEM NUMBER: S: MMN;undeveloped,planned mixed-use (Landings PUD, I"Filing) W: C; existing office/business uses (Stanford Plaza) The property was annexed as part of the Brune Annexation in March, 1977. It was zoned T — Transition. City Plan Rezoning In March of 1997, in order to implement City Plan and Land Use Code, the 2.959 acre property now being considered for rezoning was again shown to be in the T—Transition District. Current Request The applicant, Stanford Development, LLC, c/o Cityscape Urban Design, filed a rezoning petition with the City on November 15, 2001. The applicant is requesting a rezoning of 2.959 acres from T — Transition to MMN — Medium Density Mixed-Use Neighborhood. The T zone functions as a "holding" zone where no uses are permitted on properties in the T District except uses that existed on the date the property was placed in this district. The property is currently vacant. The requested zoning for this property is the MMN - Medium Density Mixed-Use Neighborhood. 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. In evaluating the rezoning request, staff is guided by Article 2, Sections 2.9.4(H)(2) and (3). The request to rezone the 2.959 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. 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 is in compliance with the City Structure Plan. Findings In evaluating the request for the Bella Vista Rezoning, Amendment to the Zoning Map from T — Transition to MMN — Medium Density Mixed-Use Neighborhood, and Recommendation to City Council, Staff makes the following findings of fact: A. The City Plan rezoning in March of 1997 for this property to remain in the T —Transition District assumed no immediate development. Based on an intent to development the property, the request to rezone it into the MMN — Medium Density Mixed-Use Neighborhood District is necessary. DATE: arc ITEM NUMBER: 24 B. The subject property for the Bella Vista Rezoning is designated on City Structure Plan as "Medium Density Mixed-Use Residential". The request to rezone the property to MMN, therefore, complies with the City Structure Plan. C. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board voted 7-0 to approve this application at its regular monthly meeting on February 21, 2002. y' . ORDINANCE NO. 041, 2002 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 BELLA VISTA 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 as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code,and the same hereby is, amended by changing the zoning classification from"T"',Transition Zone District, to "MMN", Medium Density Mixed-Use Zone District,for the following described property in the City known as the Bella Vista Rezoning: A tract of land located in the SW 1/4 of Section 25,T7N, R69W of the 6th P.M., in the City of Ft. Collins, County of Larimer, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 25, from which the S 1/4 Corner of said Section 25 bears S89°51'02"E, 2665.22 feet, thence S89°51'02"E, 1881.35 feet along the South Line of the SW1/4 of said Section 25 to the Southeasterly Comer of STRACHAN SUBDIVISION, THIRD FILING, a subdivision located in the SW1/4 of said Section 25, in the City of Ft. Collins, County of Larimer, State of Colorado, according to recorded plat thereof; Thence N00'08'58"E, 50.00 feet at right angles from the South Line of the SW1/4 of said Section 25 and along the Easterly Line of said STRACHAN SUBDIVISION,THIRD FILING to an angle point thereof, also being the Northerly Right-of-way Line of E. Horsetooth Road and the TRUE POINT OF BEGINNING; Thence Northwesterly, 23.56 feet along the arc of a curve concave to the Northeast and along the Easterly Line of said STRACHAN SUBDIVISION,THIRD FILING to a point of compound curve to the right, said arc having a radius of 15.00 feet, a central angle of 90°00'00",and being subtended by a chord that bears N44°51'02"W, 21.21 feet; Thence Northeasterly, 198.17 feet along the arc of said curve and along the Easterly Line of said STRACHAN SUBDIVISION, THIRD FILING to a point of reverse curve to the left,said arc having a radius of 298.80 feet,a central angle of 38°00'00", and being subtended by a chord that bears N19°08'58"E, 194.56 feet; Thence Northeasterly, 122.62 feet along the arc of said curve and along the Easterly Line of said STRACHAN SUBDIVISION,THIRD FILING to the Southerly Line of STRACHAN SUBDIVISION,FIRST FILING,a subdivision located in the S 1/2 of said Section 25, in the City of Ft. Collins, County of Larimer, State of Colorado, according to recorded plat thereof, said arc having a radius of 376.80 feet, a central angle of 18°38'45",and being subtended by a chord that bears N28°49'35"E, 122.08 feet; Thence S69°00'32"E, 225.51 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to an angle point thereof; Thence S62°13'02"E, 381.80 feet along the Southerly Line of said STRACHAN SUBDIVISION,FIRST FILING to an angle point thereof, Thence S68°49'02"E, 100.05 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to an angle point thereof; Thence S74°45'02"E, 49.30 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to the Northerly Right-of-way Line of said E. Horsetooth Road; Thence N89°50'37"W, 13.04 feet along the Northerly Right-of-way Line of said E. Horsetooth Road to an angle point thereof; Thence N89°51'02"W,783.87 feet along the Northerly Right-of-way Line of said E. Horsetooth Road to the TRUE POINT OF BEGINNING. Area= 128,909 square feet(2.959 acres), more or 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 included in the Residential Neighborhood Sign District. Section 3. The City Engineer 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 5th day of March, A.D. 2002, and to be presented for final passage on the 19th day of March, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of March, A.D. 2002. 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