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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/16/2019 - RESOLUTION 2019-084 INITIATING THE REZONING OF THEAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY July 16, 2019 City Council STAFF Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Resolution 2019-084 Initiating the Rezoning of the Hughes Stadium Annexation Property. EXECUTIVE SUMMARY The purpose of this item is to initiate the rezoning of the Hughes Stadium Annexation property that amends the City of Fort Collins Zoning Map from the current Transition (T) zone district and directs City staff to prepare a rezoning application on behalf of the City and make a recommendation to the Planning and Zoning Board (the “Board”) and City Council regarding the appropriate zoning. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is a City Council request to initiate the rezoning of a 164.56-acre parcel located on the west side of Overland Trail and north of CR32 that formerly contained Hughes Stadium. The property would be rezoned from the Transition (T) zone district. On October 16, 2018, the City Council adopted Ordinance No. 123, 2018, on second reading regarding the Hughes Stadium Annexation, and Ordinance No. 124, 2018, that placed the property into the Transition (T) zone district The surrounding zoning and land uses are as follows: • N: M-M-N Existing single and multi-family residential (Westgate) Larimer County FA1 (Farming) existing single-family residential; pasture • S: P-O-L Pineridge Natural Area Larimer County FA1 (Farming) existing single-family house • E: M-M-N Existing single and multi-family residential (Trail West, Willow Lane, Stadium Heights) Larimer County FA1 (Farming) Drive-in movie theater • W: P-O-L Maxwell Natural Area Larimer County FA1 (Farming) vacant; owned by US Bureau of Reclamation Land Use Code Review Procedures Land Use Code Division 2.9 states that City Council may approve a rezoning by ordinance after receiving a recommendation from the Board. All rezonings are reviewed at a public Board hearing, and such hearing must Agenda Item 18 Item # 18 Page 2 be held either prior to City Council consideration or between the first and second reading of the ordinance regarding the rezoning. The rezoning procedural steps set forth in Land Use Code Division 2.9 are as follows (see Division 2.9 for full text): Step 1 (Conceptual Review): Not applicable. Step 2 (Neighborhood Meeting): Not applicable, except that, with respect to a quasi-judicial map amendments only, the Director may convene a neighborhood meeting to present and discuss a proposal of known controversy and/or significant neighborhood impacts. Step 3 (Development Application Submittal): All items or documents required for amendments to the Zoning Map as described in the development application submittal master list must be submitted. The Director may waive or modify the foregoing submittal requirements if, given the facts and circumstances of the specific application, a particular requirement would either be irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of the application. Step 4 (Review of Applications): Applicable. Step 5 (Staff Report): Applicable. Step 6 (Notice): Zonings or Rezonings of No More Than Six Hundred Forty (640) Acres (Quasi- judicial). Subsection 2.2.6(A) applies and such notices shall identify the proposed new zone district(s), as well as the uses permitted therein, shall indicate whether a neighborhood meeting will be held with regard to the proposed zoning or rezoning, and shall inform the recipient of the notice of the name, address and telephone number of the Director to whom questions may be referred with regard to such zoning change. Subsections 2.2.6(B), (C) and (D) shall apply, and the published notice given pursuant to subsection 2.2.6(C) shall provide the time, date and place of the hearing, the subject matter of the hearing and the nature of the proposed zoning change. Step 7(A) (Decision Maker): Board Review applies. Step 7(B) (Conduct of Public Hearing): Applicable. Step 7(C) (Order of Proceedings at Public Hearing): Applicable. Step 7(D) (Decision and Findings): Applicable, except that the Board's decision shall be in the form of a recommendation, not a decision, to Council. In making its recommendation, the Board shall consider whether the application or proposal complies with the standards contained in Step 8 of this Section. Step 7(E) (Notification to Applicant): Not applicable. Step 7(F) (Record of Proceedings): Applicable. Step 7(G) (Recording of Decisions and Plats): Not applicable. Step 8 (Standards): Applicable, as follows: Mandatory Requirements for Quasi-Judicial Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City Comprehensive Plan (City Plan); and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Additional Considerations for Quasi-Judicial Rezonings. In determining whether to recommend approval of any such proposed amendment, the Board and City Council may consider the following additional factors: Agenda Item 18 Item # 18 Page 3 (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; (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; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Step 9 (Conditions of Approval): Applicable. Step 10 (Amendments): Not applicable. Step 11 (Lapse): Not applicable. Step 12 (Appeals): Not applicable. BOARD / COMMISSION RECOMMENDATION This is a City Council initiated action. PUBLIC OUTREACH Although neighborhood meetings are typically not applicable to quasi-judicial rezoning requests, Section 2.9.4(B) provides that a neighborhood meeting may be convened if a proposal has “known controversy and/or significant impacts”. Since these conditions exist, staff is recommending that a neighborhood meeting be conducted that satisfies all requirements found in Section 2.2.2 of the Land Use Code. Further, notification of the application and neighborhood meeting will satisfy all public notice requirements of Section 2.2.6 of the Land Use Code for mailed, posted and published notice. Given the size of the property, the minimum mail notice radius is expanded to a minimum of 1,000 feet from the property boundary and two signs will be posted. ATTACHMENTS 1. PowerPoint Presentation (PDF) 1 Hughes Stadium Property Rezone City Council Initiation July 16, 2019 ATTACHMENT 1 2 Site Location and Context 3 Public Review Process § City Council initiates rezone § Neighborhood Meeting § All Affected Property Owners and renters within 1,000 feet are mailed neighborhood meeting notification at least 14 days prior to meeting § Two neighborhood meeting signs posted on the property § Planning and Zoning Board conducts public hearing and makes a recommendation on proposed zoning § City Council public hearing and final decision on zone district designation(s) 4 Next Steps § If Rezone initiated by City Council, Tentative Review Dates for Rezoning: § Neighborhood Meeting – August 8 § Planning and Zoning Board hearing and recommendation – September 19 § City Council hearing and decision – October 1 § Review Process for potential future Project Development Plan: § Neighborhood Meeting § Planning and Zoning Board hearing and decision -1- RESOLUTION 2019-084 OF THE COUNCIL OF THE CITY OF FORT COLLINS INITIATING THE REZONING OF THE HUGHES STADIUM ANNEXATION PROPERTY WHEREAS, on October 16, 2018, the City Council approved Ordinance No. 123, 2018, on Second Reading regarding the annexation of the Hughes Stadium Annexation property consisting of approximately 164.56 acres; and WHEREAS, on October 16, 2018, the City Council approved Ordinance No. 124, 2018, on Second Reading regarding the placement of the Hughes Stadium Annexation property into the Transition (T) zone district; and WHEREAS, Land Use Code Section 4.12(A) states that the purpose of the Transition (T) zone district is “intended for properties for which there are no specific and immediate plans for development. The only permitted uses are those existing at the date the property was placed into this District”; and WHEREAS, the Hughes Stadium Annexation property is the former location of Hughes Stadium; and WHEREAS, Colorado State University is under contract to sell the Hughes Stadium Annexation property so that it may be developed; and WHEREAS, the development proposed for the Hughes Stadium Annexation property is in the conceptual stage and no formal development application has been submitted to the City; and WHEREAS, the pending development of the Hughes Stadium Annexation property is the subject of community concern and rezoning would provide clarity regarding the ways in which the Hughes Stadium Annexation property could be developed; and WHEREAS, the Hughes Stadium Annexation property is located adjacent to City natural areas abutting the foothills; and WHEREAS, pursuant to Land Use Code Section 2.9.3(A), an amendment to the zoning map may be proposed by the City Council; and WHEREAS, in consideration of the community concern over pending development of the Hughes Stadium Annexation and the clarity provided by rezoning, the location of the Hughes Stadium Annexation property adjacent to City natural areas, and the relatively large size of the Hughes Stadium Annexation property, City Council wishes to proposes and initiate the rezoning of the Hughes Stadium Annexation property from the current Transition (T) zoning; and WHEREAS, the notice requirements, procedure, and applicable standards governing the rezoning of the Hughes Stadium Annexation property are set forth in Land Use Code Division 2.9; and -2- WHEREAS, pursuant to Land Use Code Section 2.9.4, the Hughes Stadium Annexation property rezoning is quasi-judicial in nature, requires a Planning and Zoning Board recommendation to City Council, and must, at a minimum, be consistent with City Plan or warranted by changed conditions within the neighborhood surrounding and including the Hughes Stadium Annexation property, or both; and WHEREAS, the City Council finds that the initiation of the rezoning of the Hughes Stadium Annexation property is in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 City Council hereby proposes the rezoning of the Hughes Stadium Annexation property pursuant to Land Use Code Section 2.9.3(A). Section 3. That the City Council directs City staff to prepare a rezoning application on behalf of the City and make a recommendation to the Planning and Zoning Board and City Council regarding the appropriate zoning for the Hughes Stadium Annexation property, all in accordance with Land Use Code Section 2.9.4. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk