HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2018 - SECOND READING OF ORDINANCE NO. 177, 2017 AMENDINGAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
Second Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on December 19, 2017, amends the City’s Zoning Map
to adjust the location, size and boundary between two zone districts within a 19.55 parcel located at the
southeast corner of South Shields Street and Hobbit Street. The result of the shift is that the Neighborhood
Commercial (N-C) zone is shifted south and reduced by 2.88 acres while the Medium Density Mixed-Use
Neighborhood (M-M-N) zone is shifted north and gains a corresponding amount of land area. As proposed,
the N-C zone would be reduced to 6.42 acres and the M-M-N zone would be enlarged to 13.13 acres.
This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code
and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with
conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which
voted (6-0) to recommend the rezoning with six conditions. The six conditions have been agreed upon by the
applicant and neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg
neighborhoods), as well as consultation with staff.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (PDF)
2. Ordinance No. 177, 2017 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by Changing
the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted
in Resolution 2017-017.
The purpose of this item is to amend the City’s Zoning Map to adjust the location, size and boundary between
two zone districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street.
The result of the shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88
acres while the Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains a
corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and the M-M-
N zone would be enlarged to 13.13 acres.
This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code and
subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with conditions, or
denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted (6-0) to
recommend the rezoning with six conditions. The six conditions have been agreed upon by the applicant and
neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg
neighborhoods), as well as consultation with staff.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
There is no formal development plan currently in the review process. There is, however, a Concept Plan that is
associated with the rezoning that helps to inform all interested parties as to the development potential of the
parcel based on the adjusted zone districts. This Concept Plan forms the basis for the staff recommendation
and the six recommended conditions of approval. The intent of the rezoning is to facilitate a future mixed-use
development that would consist of commercial uses, multi-family apartments and two-family dwellings
(duplexes). Adjusting the two zone district boundaries allows for a smaller scale commercial development than
the current zoning envisions with a corresponding increase in the residential component of the mixed-use
development. The site is undeveloped and vacant.
The request to rezone portions of the two zone districts complies with the standards and criteria of Section
2.9.4(H). In addition, and in compliance with Section 2.9(I), staff is recommending six conditions of approval to
mitigate potential impacts and ensure that all aspects of future development comply with the principles and
ATTACHMENT 1
Agenda Item 12
Item # 12 Page 2
policies of the West Central Area Plan and City Plan. There is no need to amend either the Structure Plan Map
or Residential Neighborhood Sign District.
On November 16, 2017, the Planning and Zoning Board voted unanimously (6-0) to recommend approval to City
Council.
1. Background
The surrounding zoning and land uses are as follows:
N: M-M-N Multi-Family (Landmark Apartments)
S: M-M-N Spring Creek
S: M-M-N Hill Pond Townhomes
E: R-L Sheely Addition and Wallenberg Neighborhoods
W: M-M-N Multi-Family (Foothills Apartments)
W: N-C Convenience Center (Spring Creek Plaza)
In 1987, Pulse ODP and Final PUD were approved for a health club on the subject site. Pulse ended up not
pursuing development and moved to Raintree Village where a subsequent entity maintains a current operation.
In conjunction with the 1987 Pulse PUD, the size and shape of the health club dictated the proposed curved
alignment of West Stuart Street (as extended into the site). This alignment, and dedication of public right-of-
way, became the basis for the current zone district boundary between N-C and M-M-N. Now, with no large
structure to determine the West Stuart Street alignment, the current zone district boundary line is found to be
obsolete.
2. Summary of the Review Criteria for Rezoning of Parcels Less Than 640 Acres
Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (quasi-judicial
versus legislative) shall be recommended for approval by the Planning and Zoning Board or approved by the
City Council only if the proposed amendment is:
Consistent with the City’s Comprehensive Plan; and/or
Warranted by changed conditions within the neighborhood surrounding and including the subject property.
Additional considerations for rezoning parcels less than 640 acres (quasi-judicial):
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;
Whether and the extent to which the proposed amendment would result in significantly adverse impacts on
the natural environment.
Whether and the extent to which the proposed amendment would result in a logical and orderly development
pattern.
3. Consistent with the City’s Comprehensive Plan
A. The parcel is located in the West Central Area Plan an element of the City’s comprehensive plan known as
City Plan. The WCAP specifically addresses the subject parcel:
“Significant New Development or Redevelopment”
“Vacant 20-Acre Parcel South of Prospect Road and East of Shields Street.”
“This site is the largest undeveloped tract in the West Central area and includes two zone districts,
Neighborhood Commercial (NC) and Medium Density Mixed-Use Neighborhood (MMN). The NC zone is
Agenda Item 12
Item # 12 Page 3
approximately ten acres in size and acts as the core of the parcel, with exposure along Shields Street. This
area is expected to develop in an urbanized commercial manner. Opportunities exist for dwelling units above
commercial space. The MMN zone surrounds the commercial core and is intended to offer a variety of
housing options, as well as a land use transition for the Sheely neighborhood to the east. There is potential
for a well-designed cohesive development that creatively addresses both the market potential and
neighborhood desires for the site.” (Page 23.)
Neighborhood Character:
“LU 1.8 Maintain established, mature neighborhood areas as areas of stability.” (Page 31.)
“LU 1.9 Provide guidelines to ensure new development is compatible with adjacent neighborhoods.” (Page 31.)
“LU 1.10 Emphasize and respect the existing heritage and character of neighborhoods through a collaborative
design process that allows for a neighborhood dialogue.” (Page 33.)
“LU 1.11 Encourage a variety of housing types so that residents from all socio-economic levels may find suitable
housing in the area.
Single family attached should act as a transition to adjacent established neighborhoods;
Housing types should be designed to accommodate a range of tenants over time.
Housing variety is encouraged in order to attract and retain families and allow seniors to age in place.
A diverse mix of occupants contributes to neighborhood stability.
Housing relying solely on four-bedroom units should be discouraged, as a diverse mix of bedrooms per
unit provides greater flexibility, serves a broader range of tenants, and may allow an easier conversion
to owner-occupied units should the demand arise.” (Page 34.)
Taken together, these descriptions and policies establish an expectation that development of this parcel will
factor in neighborhood input and achieve compatibility through project design. In addition to the neighborhood
information meeting, the applicant and representatives of the Sheely and Wallenberg neighborhoods have
engaged in a dialogue to address issues related to the rezoning and potential land development. One result of
these discussions is that the placement of two-family dwellings (duplexes) along the eastern portion of the site
should be included as a condition to provide a land use transition and contribute to neighborhood compatibility
in conjunction with stormwater facilities, landscaping, walkways and trails.
Regarding respecting heritage and neighborhood character, proximity to the Sheely Drive Historic Landmark
District will require subsequent development to comply with Section 3.4.7 of the Land Use Code - Historic and
Cultural Resources. Finally, requiring two distinct housing types as a condition, along with commercial uses, the
future project would not be a one-dimensional, student-oriented apartment complex.
In order to implement W.C.A.P. policies LU 1.8 - LU 1.11, staff recommends condition number one that any
future development plan must include a housing type that offers variety besides multi-family dwellings and
promotes neighborhood compatibility (two-family dwellings in this case). Further, in order to minimize the
impacts associated with relying on the business model that calls for rent-by-the bedroom, which often results in
four-bedroom units or greater, and tends to narrow the market served by the housing, staff recommends
condition number two.
Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by
this request, must include two-family dwellings along the entire eastern perimeter forming a buffer and
transition between any multi-family buildings and houses in the adjoining neighborhoods as generally
indicated on the applicant’s Concept Plan (applicant’s exhibit 6) with exceptions made for stormwater
facilities, private parks, landscaping and walkways.
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Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this request, must not contain any dwelling units that feature the rent-by-the-bedroom
leasing model.
B. City Plan - Design Principles and Policies for Existing Neighborhoods:
“Principle LIV 26: Neighborhood Stability should be maintained and enhanced. Most existing residential
developments will remain largely unaffected by these Principles and Policies.” (Page 77.)
The request to adjust the location, size and boundary between two zone districts results in a reduction in the
size of the N-C zone by 2.88 acre. Also, the location of the N-C zone, in terms of transitioning land use intensity,
is being shifted slightly further away from the neighborhoods to the east.
C. City Plan - Medium Density Mixed-Use Neighborhoods:
“Purpose: Medium Density Mixed-Use Neighborhoods are intended to function together with surrounding Low
Density Mixed-Use Neighborhoods and a centrally located Neighborhood or Community Commercial District,
providing a more gradual transition in development intensity and use.” (Page 80.)
Principal LIV 29: Medium Density Mixed-Use Neighborhoods include a mix of medium density housing types,
providing a transition and link between lower density neighborhoods and a Neighborhood, Community
Commercial or Employment district.” (Page 80.)
The request to rezone continues to fulfill this Principle. Because the M-M-N zone district includes permitted uses
that are not residential, and in order to promote land use compatibility, and compliance with the applicant’s
Concept Plan, staff recommends condition number three. Also, because the purpose and policy for the M-M-N
calls for gradual transitions versus mid-rise apartment buildings, staff recommends establishing a maximum
number of multi-family dwelling units as condition number four.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and enlarged to
13.13 acres by this request, shall be limited to residential permitted uses and accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units shall be 365.
D. City Plan - Medium Density Mixed-Use Neighborhoods:
“Principal LIV 29-3: Neighborhood or Commercial District. Integrate the design of a Medium Density Mixed-Use
Neighborhood with a Neighborhood Commercial or Community Commercial District. Residents should be able
to easily get to the Commercial District without the need to use an arterial street.” (Page 80.)
The request continues to promote this Principle. A street connection between the two neighborhoods to the east
and the subject parcel is precluded by decisions made in the late 1970’s and early 1980’s which specifically
called for not connecting Hobbit Street to Farm Tree Road, later renamed to Wallenberg Drive. Instead, the
connection linking the neighborhoods to the proposed N-C zone is made by the existing bike trail system along
the Canal Importation Basin Channel and Spring Creek and proposed connections anticipated with future
development.
E. City Plan - Medium Density Mixed-Use Neighborhoods:
“Principle LIV 29-5: Transitions. Encourage non-residential uses and larger buildings of attached and multiple-
family housing near the commercial core, with a transition to smaller buildings, such as duplex and detached
houses, closer to surrounding lower density neighborhoods.” (Page 80.)
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The request continues to promote this Principle. As noted, two family dwellings (duplexes) must be placed along
the eastern edge of the parcel per Condition Number One. In order to implement this principle in this location,
staff recommends Condition Number Five.
Condition Number Five. The maximum allowable building height of the two-family dwellings shall be
two stories.
F. City Plan - Neighborhood Commercial Districts:
“Principle LIV 36: Neighborhood Commercial Districts will provide everyday goods and services for nearby
residents, and will be pedestrian-oriented places that serve as focal points for the surrounding neighborhoods.”
(Page 89.)
While the shifted N-C zone will be slightly further away from the single family neighborhoods to the east, it will
remain within one-quarter mile (acknowledged to be a comfortable walking distance) of existing residential
neighborhoods including portions of the Shelly and Wallenberg neighborhoods as well as neighborhoods to the
north, south and west.
G. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.1: Mix of Uses. Neighborhood Commercial Districts may include a mix of neighborhood serving
uses, as follows:
Principal uses: Grocery store, supermarket, or other type of anchor, such as a drugstore.
Supporting uses: Retail, professional office, day care (adult and child) along with live-work and
residential units, civic/institutional uses, pocket parks, and other outdoor gathering spaces and other
supporting uses.” (Page 89.)
This policy is the basis for the list of permitted uses allowed in the N-C zone as found in Section 4.23 of the Land
Use Code. In order to allow for a mix of intended primary and supporting uses, but not at the expense of the
primary uses, the Code sets a limit on the extent of residential uses, up to 30%, for parcels larger than five acres
(Section 4.23(D)(2) - Secondary Uses.) The rezone would result in a parcel of 6.42 acres which, theoretically,
could consist of 30%, or 1.9 acres, of residential uses. Per the N-C zone district permitted use list, a variety of
residential uses are permitted ranging from single family detached up to multi-family.
Staff is concerned that allowing up to a maximum of 30% residential uses in combination with the overall effect
of the rezoning, would dilute the primary purpose of the N-C zone district. This concern is amplified given the
proximity of 13.13 acres of M-M-N zoning which could be increased by 1.9 acres in the N-C zone. In order to
ensure that the Concept Plan results in a mixed-use development consistent with City Plan Principles and
Policies, Staff recommends condition number six:
Condition Number Six: Development of the N-C zone district parcel, as adjusted and reduced to 6.42
acres by this request, shall be limited to the primary and supporting uses as envisioned by Principle LIV
36.1 of City Plan and Section 4.23(B) of the Land Use Code, and that residential permitted uses are limited
to Accessory Uses, Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section
4.23(D)(2) of the Land Use Code.
H. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.2: Location. Locate Neighborhood Commercial Districts near Low Density and Medium Density
Mixed-Use Neighborhoods. Access for pedestrians should be a priority.” (Page 89.)
The adjusted N-C zone will continue to be bordered on three sides by M-M-N zoning.
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I. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.4: Relationship to Surrounding Neighborhoods. Integrate the Neighborhood Commercial District
into the surrounding neighborhood using a connected pattern of streets and blocks that contributes to the
neighborhood’s positive identity and image and allows residents to reach the District without the need to use an
arterial street.” (Page 89.)
As mentioned, the N-C zone lacks a connection between Hobbit Street to Wallenberg Drive which is an existing
condition that is not the fault of the applicant. Due to existing natural features and development, extending
streets into surrounding neighborhoods is infeasible. Connectivity is provided by other modes with the existing
network of trails and public sidewalks. Future development will be required to make connections to this network.
J. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.5: Integrate a Transit Stop. Integrate transit stop facilities into the design of the District and directly
connect the transit stop to transportation corridors that serve other districts and the rest of the City.” (Page 89.)
There is an existing northbound transit stop slightly north of where West Stuart Street tees into Shields Street.
With the adjustment in the zone districts, the N-C will continue to be conveniently served by Transfort with direct
connections to the West Elizabeth Street Enhanced Travel Corridor and the C.S.U. Transit Center.
4. Warranted by Changed Conditions Within the Neighborhood Surrounding and Including the Subject
Property.
The applicant has provided documentation that the primary change in condition is that since the zoning was
placed on the property in 1997, existing grocery stores and drug stores have been constructed that adequately
serve the area. As a result, the market will not support comparable uses as an anchor to a commercial site that
is 9.34 acres at this location. These existing stores include:
King Soopers at 2325 South College Avenue
Whole Foods at 2201 South College Avenue
Rite Aid at 1103 West Prospect Road
King Soopers at 1015 South Taft Hill Road
In addition to these stores, the applicant has provided an exhibit showing other commercial centers in the area
that provide a variety of goods and services. These include:
Spring Creek Plaza (Shields and Stuart)
Fox Center (College and Prospect)
Campus West (Shields and Elizabeth)
Cimarron Plaza (Shields and Drake)
Poudre Valley Plaza (Shields and Horsetooth)
Drake Crossing (Shields and Drake)
Staff has evaluated the applicant’s justification and agrees that the general area west of South College Avenue
is well-served with grocery and other retail stores that were originally intended to anchor the N-C district at the
current size of 9.34 acres. It is interesting to note that Steele’s Market at the Drake Center is no longer in
business. Since 1997, it has become apparent to staff that a grocery store-anchored center is not realistic or
feasible from a market perspective within the foreseeable planning timeframe at this location. Staff finds that
this negates the reason for the nine-plus acre designation, which was done with the goal of such a center and
represents a change in condition over time that justifies the rezoning request. (Please see applicant’s exhibit
3, N-C Zoning Study.)
5. Whether and the Extent To Which the Proposed Amendment is Compatible With Existing and
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Proposed Uses Surrounding the Subject Land and is the Appropriate Zone District for the Land.
As noted, the request only shifts the location, size and boundary of the two existing zones such that the N-C
zone is reduced by 2.88 acres and the M-M-N zone is increased by the same amount. The location of the N-C
acreage is moved closer to the Stuart Street signalized intersection. Both Spring Creek on the south and the
Canal Importation Basin Channel on the east provide effective buffers for the benefit of the existing
neighborhoods. The proposed request does not create any additional impact or cause any diminution in
compatibility than that which exists under current zoning. Therefore, staff finds that the request is compatible
with existing and proposed uses surrounding the subject land and the adjustment to the two zone districts is
appropriate.
6. 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 Functioning of the Environment.
The Land Use Code contains provisions that protect the natural environment no matter what the underlying
zoning may be. In terms of the current request, there is no up-zoning to a more intense zone district. Therefore,
there would be no new permitted uses or any additional adverse impacts on the natural environment that would
need to be mitigated in order to comply with the Land Use Code.
7. Whether and the Extent to Which the Proposed Amendment Would Result in a Logical and Orderly
Development Pattern.
The result of the request shifts the location of the N-C zone to the south closer to the extension of West Stuart
Street which improves the access to the commercial center and reduces traffic on Hobbit Street and the internal
street system. Also, the size and shape of the M-M-N parcel along the eastern edge is enlarged which
contributes to neighborhood compatibility. Staff finds that the request improves the development pattern on the
subject parcel for the benefit of traffic circulation and land use transition between M-M-N and R-L zone district
to the east.
8. Conclusion and Findings of Fact
A. Within the 19.55 acre parcel, the request to rezone 2.88 acres from N-C, Neighborhood Commercial, to
M-M-N, Medium Density Mixed-Use Neighborhood complies with the standards and criteria of Section
2.9.4(H) of the Land Use Code.
B. In order to encourage and facilitate the orderly development of the 19.55 acres and to ensure compliance
with the policies and principles of the West Central Area Plan and City Plan, six conditions of approval
are recommended as allowed by Section 2.9.4 and 2.9.4(I).
C. The rezoning and the conditions comply with all applicable Land Use Code requirements as stated in
the agenda item summary for this hearing and contained in the agenda materials.
D. The six listed conditions comply with the provision of the Land Use Code Section 2.2.9 in that they are
necessary to accomplish the purposes and intent of the Land Use Code and have a reasonable nexus
to the potential impacts of the proposed rezoning and are roughly proportional in nature and extent to
such impacts.
CITY FINANCIAL IMPACTS
There are no direct financial or economic impacts associated with the request to adjust and shift the two existing
zone district boundary lines that would be any different than if the land development occurred under existing
zoning.
Agenda Item 12
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BOARD / COMMISSION RECOMMENDATION
At its November 16, 2017 meeting, the Planning and Zoning Board voted unanimously (6-0) to recommend to
City Council approval of the request.
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to a quasi-judicial
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. A neighborhood meeting was held on September 26,
2017. A summary of this meeting is provided as Attachment 3. The result of the neighborhood information
meeting is the recommendation of six conditions of approval.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Applicant's Justification and Exhibits (PDF)
3. Neighborhood Meeting Summary (PDF)
4. Neighborhood Endorsement Letter (PDF)
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ORDINANCE NO. 177, 2017
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 SPRING CREEK REZONING REZ170001
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, the City Council has considered the proposed rezoning of the property that is
the subject of this Ordinance (“Rezoning”), information, materials, findings of fact and
conclusions contained in the Agenda Item Summary and Agenda materials prepared for this
hearing, as well as the information, materials, public comment presented at this hearing and
Council discussion thereof; and
WHEREAS, the City Council has found and determined that the proposed Rezoning and
the six conditions set forth below (“Conditions”) comply with all applicable Land Use Code
requirements, including the requirements established in Section 2.9.4(H)(3) of the Land Use Code;
and
WHEREAS, the City Council has also found and determined that the proposed Rezoning,
and the Conditions, are 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, the City Council has further found that the Conditions comply with the
provisions of LUC Section 2.2.9 in that they are necessary to accomplish the purposes and intent
of the LUC and have a reasonable nexus to the potential impacts of the proposed rezoning and are
roughly proportional in nature and extent to such impacts; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
Rezoning and has determined that said property that is the subject of this Ordinance should be
rezoned as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by shifting the Medium Density Mixed-Use Neighborhood (“M-M-N”) zone
district north and increasing it by 2.88 acres, resulting in M-M-N zoning for the property described
as follows:
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A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 23, T7N, R68W as bearing
South 00° 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81 feet; thence, South 89°
21' 59" East, 50.00 feet to the POINT OF BEGINNING; thence along a curve concave to
the southeast having a central angle of 90° 19' 00" with a radius of 25.00 feet, an arc length
of 39.41 feet and the chord of which bears North 45° 28' 31" East, 35.45 feet; thence, South
89° 21' 59" East, 456.98 feet; thence along a curve concave to the northwest having a
central angle of 25° 59' 21" with a radius of 267.00 feet, an arc length of 121.11 feet and
the chord of which bears North 77° 38' 20" East, 120.07 feet; thence, South 89° 21' 59"
East, 435.72 feet; thence along a curve concave to the north having a central angle of 13°
05' 59" with a radius of 518.12 feet, an arc length of 118.46 feet and the chord of which
bears South 84° 06' 19" West, 118.20 feet; thence, South 10° 06' 09" East, 153.80 feet;
thence along a curve concave to the south having a central angle of 24° 24' 52" with a
radius of 664.52 feet, an arc length of 283.16 feet and the chord of which bears South 22°
22' 22" East, 281.02 feet; thence, South 55° 47' 39" West, 20.96 feet; thence, South 07° 14'
10" East, 409.86 feet; thence, South 05° 39' 23" East, 103.47 feet; thence, North 52° 49'
40" West, 174.60 feet; thence, North 22° 53' 52" West, 9.39 feet; thence, North 72° 41' 45"
West, 13.65 feet; thence, North 52° 45' 08" West, 71.61 feet; thence along a curve concave
to the south having a central angle of 35° 29' 52" with a radius of 400.00 feet, an arc length
of 247.82 feet and the chord of which bears North 78° 45' 38" West, 243.88 feet; thence,
North 00° 19' 01" East, 284.42 feet; thence, North 89° 40' 59" West, 647.89 feet; thence,
North 00° 19' 01" East, 407.00 feet to the Point of Beginning, containing 571,975 square
feet or 13.131 acres more or less.
Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by shifting the Neighborhood Commercial (“N-C”) zone district south and
reducing it by 2.88 acres, resulting in N-C zoning for the property described as follows:
A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 23, T7N, R68W as bearing
South 00° 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00° 19' 01" West, 687.86 feet; North 89° 21' 59"
West, 50.00 feet; thence, South 00° 19' 01" West, 470.00 feet to the POINT OF
BEGINNING; thence, South 89° 40' 59" East, 747.89 feet; thence, South 00° 19' 01" West,
284.42 feet; thence along a curve concave to the south having a central angle of 16° 57'
-3-
53" with a radius of 400.00 feet, an arc length of 118.44 feet and the chord of which bears
South 75° 00' 30" West, 118.00 feet; thence, South 66° 20' 56" West, 227.30 feet; thence,
South 68° 21' 24" West, 94.78 feet; thence South 44° 26' 15" West, 213.35 feet; thence,
South 59° 17' 14" West, 104.96 feet; thence, North 00° 19' 01" East, 650.61 feet to the
Point of Beginning, containing 279,656 square feet or 6.420 acres more or less.
Section 4. That Rezoning shall be subject to and including the following six
conditions:
Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this Rezoning shall include two-family dwellings along the entire eastern perimeter
forming a buffer and transition between any multi-family buildings and houses in the adjoining
neighborhoods as generally indicated on the applicant’s Concept Plan (attached hereto as Exhibit
A) with exceptions made for stormwater facilities, private parks, landscaping and walkways.
Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and
enlarged to 13.13 acres by this Rezoning, shall not contain any dwelling units that feature a rent-
by-the-bedroom leasing model.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and
enlarged to 13.13 acres by this Rezoning, shall be limited to residential permitted uses and
accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units in the M-
M-N zone district parcel shall be 365.
Condition Number Five. The maximum allowable building height of the two-family
dwellings in both zone district parcels shall be two stories.
Condition Number Six: Development of the N-C zone district parcel, as adjusted and
reduced to 6.42 acres by this rezoning application, shall be limited to the primary and supporting
uses as envisioned by Principle LIV 36.1 of City Plan and Section 4.23(B) of the Land Use Code,
and that residential permitted uses shall be limited to Accessory Uses, Two-Family Dwellings and
Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use Code.
Section 5. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Section 6. That the City Clerk is hereby directed to cause this Ordinance to be recorded
in the real property records of the Larimer County Clerk and Recorder.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A