HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/15/2020 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Judy Schmidt, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 115, 2020, Amending the Zoning Map of the City of Fort
Collins and Amending Ordinance No. 177, 2017, by Changing the Zoning Classification for Property Known as
the Spring Creek Rezoning REZ170001 – Correction of Map Errors.
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 Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064.
The purpose of this item is to make minor corrections to the legal description for a previously approved
rezoning. On January 2, 2018, Council approved a rezoning ordinance for the Spring Creek Rezone with six
conditions, following a recommendation of approval from the Planning and Zoning Board. In 2019, staff
discovered errors in the legal description related to this rezoning action. The revised Ordinance and
attachments correct the errors that have been identified. The City of Fort Collins is the applicant for this item.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This request was initiated by City staff to make minor corrections to the legal description and zoning map for a
previously approved rezoning. Following initial Council approval of the rezoning, technical errors were
discovered by staff, and Council action is required to correct the errors.
The rezoning of this property has already been approved by Council’s adoption of Ordinance No. 177, 2017 on
January 2, 2018. The proposed corrections to the legal description and zoning map fully comply with the intent
of the rezoning action that occurred in 2018, and the previous analysis and findings related to the rezoning
request remain valid for the current request. The changes to the legal description and zoning map are
technical in nature and seek to accurately codify Council’s prior action.
ORIGINAL APPROVAL
The original rezoning resulted in adjustments to the location, size and boundary of two zo ne districts within a
19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street. The Neighborhood
Commercial (N-C) zone was shifted south and reduced by 2.88 acres, while the Medium Density Mixed-Use
Neighborhood (M-M-N) zone was shifted north and increased by 2.88 acres. As approved, the N-C zone was
reduced to 6.42 acres and the M-M-N zone was enlarged to 13.13 acres.
Agenda Item 8
Item # 8 Page 2
On January 2, 2018, Council approved the Spring Creek Rezone with the following six conditions:
1. 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.
2. 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.
3. 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.
4. The maximum number of multi-family dwelling units in the M-M-N zone district parcel shall be 365.
5. The maximum allowable building height of the two-family dwellings in both zone district parcels shall be
two stories.
6. Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres by this Rezoning, shall
be limited to the primary and supporting uses as envisioned by Principle LIV 36.1 of City Plan and Section
4.23(8) 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.
A Concept Plan was submitted to the City alongside the initial rezoning request, which helped to inform all
interested parties of the development potential of the parcel, based on the adjusted zone districts. This
Concept Plan informed the staff recommendation and the six conditions of approval. However, it did not
constitute a formal development plan application. No formal development plans have been submitted to the
City since the rezoning was approved. Staff is aware of development interest in the property and may receive
a formal submittal in 2020 or 2021.
REVIEW CRITERIA FOR REZONING ACTIONS
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
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; and
• Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
The staff report from the November 16, 2017 Planning and Zoning Board hearing provides an in-depth analysis
and findings related to:
• Consistency of the rezoning with City Plan and the West Central Area Plan;
• Changed conditions within and surrounding the rezoned property;
• Compatibility with existing and proposed uses surrounding the subject property;
• Suitability of the proposed zone districts for the subject property;
• Whether and the extent to which the proposed rezoning would result in significant adverse impacts to the
natural environment; and
• Whether and the extent to which the proposed rezoning would result in a logical and orderly development
pattern.
Agenda Item 8
Item # 8 Page 3
This 2017 staff report concluded that these criteria for rezoning were met, Council agreed and adopted
Ordinance No. 177, 2017, and this rezoning to correct errors in the legal description of the zoned parcels
remains consistent with these criteria.
The following links are provided as additional background information on the initial Council approval of the
Spring Creek Rezone:
• Original Staff Report for Rezoning - Planning and Zoning Board (November 16, 2017):
fcgov.com/cityclerk/planning-zoning
• Agenda Item Summary for City Council First Reading (December 19, 2017) and Second Reading (January
2, 2018): fcgov.com/cityclerk/agendas
BOARD / COMMISSION RECOMMENDATION
This item received unanimous recommendation of approval from the Planning and Zoning Board (5-0) at the
August 20, 2020, hearing.
PUBLIC OUTREACH
No comments have been received related to this item. Any communication received prior to the Council
hearing will be forwarded to Council for consideration. All requirements for public notice have been satisfied,
as follows:
• Sign Posting: March 16, 2020, Sign #538
• Written Hearing Notice: Initial notice mailed March 12, 2020, with additional notices sent each time the
hearing was cancelled or rescheduled. Notice for the August 20 Planning and Zoning Board hearing and
September 15 City Council hearing was mailed August 6, 2020. Notices were mailed to 478 addresses.
• Published Hearing Notice (Coloradoan): August 23, 2020
ATTACHMENTS
1. Revised Map and Legal Description (PDF)
2. Planning & Zoning Board Staff Report (PDF)
3. Powerpoint Presentation (PDF)
HOBBIT STREET(NOT CONSTRUCTED)SOUTH SHIELDS STREETWALLENBERG DRIVE
S89°40'59"E 647.89'S00°19'01"W 284.42'N89°40'59"W 647.89'N00°19'01"E 284.42'S00°19'01"W713.81'WEST LINE OF THENORTHWEST QUARTERSECTION 23-7-69BASIS OF BEARINGSPARCEL 2PROPOSED ZONING - NC279,656 sq. ft.6.420 ac.PARCEL 1PROPOSED ZONING - MMN571,975 sq. ft.13.131 ac.WEST STUART STREETS89°21'59"E50.00'S66°20'56"W 227.30'S68°21'24"W 94.78'S44°26'15"W 213.35'S59°17'14"W 104.96'N00°19'01"E 407.00'Delta= 90°19'00"R=25.00' L=39.41'Dir= N45°28'31"EChord= 35.45'S89°21'59"E 456.98'Delta= 25°59'21"R=267.00' L=121.11'Dir= N77°38'20"EChord= 120.07'S89°21'59"E 435.72'Delta= 13°05'59"R=518.12' L=118.46'Dir= S84°06'19"WChord= 118.20'S10°06'09"E 153.80'Delta= 24°24'52"R=664.52' L=283.16'Dir= S22°22'22"EChord= 281.02'S55°47'39"W 20.96'S07°14'10"E 409.86'S05°39'23"E103.47'N52°49'40"W 174.60'N22°53'52"W 9.39'N72°41'45"W 13.65'N52°45'08"W 71.61'Delta= 35°29'52"R=400.00' L=247.82'Dir= N78°45'38"WChord= 243.88'N00°19'01"E 650.61'Delta= 16°57'53"R=400.00' L=118.44'Dir= S75°00'30"WChord= 118.00'S66°20'56"W 227.30'N00°19'01"E 1057.61'Delta= 52°27'45"R=400.00' L=366.26'Dir= N87°14'34"WChord= 353.60'POINT OF BEGINNINGTOTAL BOUNDARY ANDPARCEL 1POINT OFBEGINNINGPARCEL 2W 1/4 S23-T7N-R69WFND 2 1/2" ALUM. CAPNW COR S23-T7N-R69WFND 3.25" ALUM. CAPPROSPECT ROADSHIELDS STREETLAKE STREETPITKIN STREETSTUART STREETHOBBIT ST.SHEELY DR.HILL POND RD.EXISTING ZONING:MMN - MEDIUMDENSITYMIXED USENEIGHBORHOODEXISTING ZONING:MMN - MEDIUM DENSITYMIXED USE NEIGHBORHOODEXISTING ZONING:NC - NEIGHBORHOOD COMMERCIAL(HATCHED AREA)EXISTING ZONING:NC - NEIGHBORHOOD COMMERCIAL(HATCHED AREA)NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.301 North Howes Street, Suite 100Fort Collins, Colorado 80521EHTRONRNPHONE: 970.221.4158www.northernengineering.comA 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 COLORADOREZONING MAP1DESCRIPTION OF TOTAL BOUNDARY: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 moreparticularly described as follows:Considering the West line of the Northwest Quarter of Section 23, T7N, R69W 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, 50.00feet 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 ofwhich 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 of267.00 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 southhaving 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 east 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 of52° 27' 45" with a radius of 400.00 feet, an arc length of 366.26 feet and the chord of which bears North 87° 14' 34" West, 353.60 feet; thence, South 66° 20' 56" West, 227.30 feet; thence, South68° 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, 1057.61 feet to the Point of Beginning,containing 851,631 square feet or 19.551 acres more or less.DESCRIPTION OF REZONING AREA TO MMN - PARCEL 1: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 moreparticularly described as follows:Considering the West line of the Northwest Quarter of Section 23, T7N, R69W 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, 50.00feet 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 ofwhich 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 of267.00 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 southhaving 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 east 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 of35° 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.DESCRIPTION OF REZONING AREAS TO NC - PARCEL 2A 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 moreparticularly described as follows:Considering the West line of the Northwest Quarter of Section 23, T7N, R69W 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, 50.00feet; thence, South 00° 19' 01" West, 407.00 feet to the POINT OF BEGINNING; thence, South 89° 40' 59" East, 647.89 feet; thence, South 00° 19' 01" West, 284.42 feet; thence along a curveconcave to the south having a central angle of 16° 57' 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, South66° 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.PROPOSED REZONING BOUNDARYPROPERTY BOUNDARYNORTHSECTION LINESECTION CORNERSITEVICINITY MAPNORTHNORTHNOTE:The existing West Stuart Street (not constructed) Right-of-Way shown hereon will be vacated via City Council Ordinance in conjunction with future development plans. Public and/or PrivateStreets, Street-Like Private Drives, or equivalent means of dedicated ingress and egress will also be provided with future development plans and subdivision plat(s).2-24-20S:\Survey Jobs\838-016\Dwg\Rezone\838-016 Rezoning Map 80 scale.dwg, 3/3/2020 2:17:34 PM, 1:1ATTACHMENT 1
Development Review Staff Report Agenda Item 2
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Planning & Zoning Board Hearing: August 20, 2020
REZ170001, Spring Creek Rezone – Correction of Map Errors
Summary of Request
The purpose of this item is to make minor corrections to the legal
description and map for a previously approved rezoning. On January
2, 2018, City Council approved a rezoning for the Spring Creek
Rezone with six conditions, following a recommendation of approval
from the Planning & Zoning Board. In 2019, staff discovered errors
in the legal description and zoning map related to this rezoning
action. The revised ordinance and attachments correct the errors
that have been identified. The City of Fort Collins is the applicant for
this item.
Zoning Map (ctrl + click map to follow link)
Next Steps
Following a recommendation from the Planning and Zoning Board,
Staff will present the changes to the zoning ordinance to City
Council for consideration.
Site Location
Located at the northeast corner of West Stuart
Street and Shields Street.
Zoning
Medium Density Mixed Use Neighborhood
(MMN) / Neighborhood Commercial (NC)
Property Owner
North Spring Creek Properties LLC
416 W Oak St
Fort Collins, CO 80521
Applicant/Representative
City of Fort Collins
281 N College Ave
Fort Collins, CO 80524
Staff
Rebecca Everette, Development Review
Manager
Contents
1.Project Introduction .................................... 2
2.Public Outreach ......................................... 3
3.Article 2 – Applicable Standards ................ 3
4.Article 3 - Applicable Standards ................. 5
5.Article 4 – Applicable Standards: ............... 5
6.Findings of Fact/Conclusion ...................... 5
7. Recommendation ....................................... 5
8. Attachments ............................................... 5
Staff Recommendation
Recommendation of Approval to City Council
SITE
SHEELY
ADDITION
PROSPECT RD SHIELDS ST W STUART ST
ATTACHMENT 2
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 2 of 3
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1. Project Introduction
A. PROJECT DESCRIPTION
• This is a request initiated by the City of Fort Collins to make minor corrections to the legal description and
zoning map for a previously approved rezoning. Following City Council approval of the rezoning, technical
errors were discovered by staff. City Council action is required to correct the errors.
• The original rezoning request resulted in adjustments to 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 Neighborhood Commercial (N-C) zone was shifted south and reduced by 2.88 acres, while
the Medium Density Mixed-Use Neighborhood (M-M-N) zone was shifted north and increased by 2.88
acres. As approved, the N-C zone was reduced to 6.42 acres and the M-M-N zone was enlarged to 13.13
acres. The original staff reports for the Planning and Zoning Board and City Council are attached for
reference.
• A Concept Plan was submitted to the City alongside the rezoning request that helped to inform all
interested parties as to the development potential of the parcel, based on the adjusted zone districts. This
Concept Plan informed the staff recommendation and the six conditions of approval. However, it did not
constitute a formal development plan application.
• No formal development plans have been submitted to the City since the rezoning was approved.
However, City staff is aware of development interest in the property and may receive a formal submittal in
2020. Therefore, time is of the essence to correct errors in the legal description and zoning map.
B. SITE CHARACTERISTICS
1. Development Status/Background
The property included in the Spring Creek Rezone has been the subject of previous development plans and
zoning actions. In 1987, the Pulse Overall Development Plan and Final Planned Unit Development were
approved for a health club on the subject site. The project was never constructed and that development plan
has expired. No development plans have been approved on the site since 1987.
On January 2, 2018, City Council approved a rezoning for the Spring Creek Rezone with the following six
conditions:
1. 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.
2. 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.
3. 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.
4. The maximum number of multi-family dwelling units in the M-M-N zone district parcel shall be 365.
5. The maximum allowable building height of the two-family dwellings in both zone district parcels shall
be two stories.
6. Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres by this Rezoning,
shall be limited to the primary and supporting uses as envisioned by Principle LIV 36.1 of City Plan
and Section 4.23(8) 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.
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 3 of 4
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2. Surrounding Zoning and Land Use
North South East West
Zoning Medium Density Mixed-
Use Neighborhood
(MMN)
Medium Density
Mixed-Use
Neighborhood (MMN)
Low Density
Residential (RL)
Medium Density Mixed-Use
Neighborhood (MMN)
Neighborhood Commercial (NC)
Land
Use
Landmark Apartments
and Landmark
Apartments Expansion
(Multi-Family)
Spring Creek
Hill Pond Townhomes
Sheely Addition and
Wallenberg
Neighborhoods
Foothills Apartments (Multi-
Family)
Spring Creek Plaza
(Convenience Center)
C. OVERVIEW OF MAIN CONSIDERATIONS
The rezoning of this property has already been approved by City Council. The purpose of this items is to
correct minor errors in the legal description and zoning map for the previously approved rezoning. No
changes in zoning designations or conditions of approval are proposed with this action.
2. Comprehensive Plan
A. CONSISTENCY WITH CITY PLAN AND THE WEST CENTRAL AREA PLAN
The staff report from the November 16, 2017 Planning and Zoning Board hearing provides an in-depth
analysis of the consistency of the rezoning with both the West Central Area Plan and City Plan (see pages 3-
7, Attachment 3).
3. Public Outreach
A. NEIGHBORHOOD MEETING
Pursuant to Section 2.9.4 – Text and Map Amendment Review Procedures, a neighborhood meeting is not
required, though the Director has the option to convene a neighborhood meeting to discuss a “proposal of
known controversy and/or significant neighborhood impacts. Because the rezoning of this property has
already occurred and the proposed corrections are minor in nature, a neighborhood meeting was not
determined to be necessary for this item.
B. PUBLIC COMMENTS:
No comments have been received related to this item. Any communication received between the public notice
period and hearing will be forwarded to the Planning and Zoning Board for consideration.
4. Article 2 – Applicable Standards
A. BACKGROUND
This item was initiated by City staff upon identification of errors in the legal description and zoning map. A
formal submittal was not necessary. City staff worked directly with the original surveyor for the rezoning to
correct the errors that had been identified.
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 4 of 5
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B. PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW
1. Conceptual Review
Not applicable.
2. Neighborhood Meeting
Not applicable.
3. Development Application Submittal
Not applicable, as this item was initiated by City staff to correct technical errors.
4. Public Notice
• Posted Notice: March 16, 2020, Sign #538
• Written Hearing Notice: Initial notice mailed March 12, 2020, with additional notices sent each time
the hearing was cancelled or rescheduled. Notice for the August Planning & Zoning Board hearing
was mailed August 6, 2020. 478 addresses mailed.
• Published Hearing Notice (Coloradoan): Scheduled for August 9, 2020
C. 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; and
• Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
D. ANALYSIS OF COMPLIANCE WITH REVIEW CRITERA
The staff report from the November 16, 2017 Planning and Zoning Board hearing provides an in-depth
analysis and findings related to:
• Consistency of the rezoning with City Plan and the West Central Area Plan;
• Changed conditions within and surrounding the rezoned property;
• Compatibility with existing and proposed uses surrounding the subject property;
• Suitability of the proposed zone districts for the subject property;
• Whether and the extent to which the proposed rezoning would result in significant adverse impacts to
the natural environment; and
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 5 of 5
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• Whether and the extent to which the proposed rezoning would result in a logical and orderly
development pattern.
See pages 3-9 of Attachment 3 for a complete analysis of the previously approved rezoning.
The proposed corrections to the legal description and zoning map fully comply with the intent of the rezoning
action that occurred in 2018, and the previous analysis and findings related to the rezoning request remain
valid for the current request. The changes to the legal description and zoning map are technical in nature and
seek to accurately codify City Council’s prior action.
5. Article 3 - Applicable Standards
Article 3 standards are not applicable to an amendment to the Zoning Map.
6. Article 4 – Applicable Standards
Article 4 standards are not applicable to an amendment to the Zoning Map.
7. Findings of Fact/Conclusion
In evaluating the request for the Spring Creek Rezone – Correction of Map Errors, REZ170001, staff makes the
following findings of fact:
• City Council approved the Spring Creek Rezone on January 2, 2018.
• The proposed corrections to the legal description and zoning map for the Spring Creek Rezone do not alter
the intent, analysis, findings, or conditions related to the previous Council action.
• The proposed zoning amendment complies with the relevant standards and review procedures in Article 2,
Section 2.9.4 – Text and Map Amendment Review Procedures.
8. Recommendation
Staff recommends approval of the Spring Creek Rezoning – Correction of Map Errors, REZ170001, based on
the aforementioned Findings of Fact.
9. Attachments
1. Revised Ordinance and Legal Description
2. Revised Zoning Map (February 24, 2020)
3. Previous Staff Report – Planning & Zoning Board (November 16, 2017)
4. Agenda Item Summary for City Council First Reading (December 19, 2017)
5. Agenda Item Summary for City Council Second Reading (January 2, 2018)
September 15, 2020
Rebecca Everette
Development Review Manager
Spring Creek Rezone –Correction of Map Errors
ATTACHMENT 3
Site Overview
2
•NE Corner of W. Stuart St.
and Shields St.
•19.6 acre parcel
•Zoning:
•Neighborhood Commercial
(N-C)
•Medium Density Mixed
Use Neighborhood (M-M-
N)
SITE
PROSPECT RD
SHIELDS STW STUART ST
SHEELY
AD DITION
Prior Rezoning
•Property rezoned in January 2018 to modify boundaries of the N-C
and M-M-N zones on the site
•Planning & Zoning Board recommended approval of rezoning
•Approved by City Council with 6 conditions
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Current Action
•In 2019, staff discovered technical errors in the legal description and
zoning map
•Errors need to be corrected to properly document the original
rezoning action
•Any changes to the City Zoning Map must be approved by City
Council, including minor corrections of errors
•City is the applicant for these changes
•No formal development application has been received since the
rezoning
•No change to content or conditions of rezoning
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Staff Recommendation
Staff recommends approval of the revised zoning ordinance, which
corrects previous errors in the legal description for the zoning
boundaries.
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Conditions of Approval
1.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.
2.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.
3.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.
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Conditions of Approval
4.The maximum number of multi-family dwelling units in the M-M-N zone district parcel
shall be 365.
5.The maximum allowable building height of the two-family dwellings in both zone
district parcels shall be two stories.
6.Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres
by this Rezoning, shall be limited to the primary and supporting uses as envisioned
by Principle LIV 36.1 of City Plan and Section 4.23(8) of the Land Use Code, and that
residential permitted uses shall be limited to Accessory Uses, Tw o-Family Dwellings
and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use
Code.
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ORDINANCE NO. 115, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS AND AMENDING ORDINANCE NO. 177, 2017, BY
CHANGING THE ZONING CLASSIFICATION FOR PROPERTY KNOWN AS THE
SPRING CREEK REZONING REZ170001 – CORRECTION OF MAP ERRORS
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, on January 2, 2018, Fort Collins City Council adopted on second reading
Ordinance No. 177, 2017, amending the City Zoning Map by changing the zoning classification,
with 6 conditions, for certain property known as the Spring Creek Rezoning REZ170001 (the
“2017 Rezoning Ordinance”); and
WHEREAS, the 2017 Rezoning Ordinance adjusted the location, size and boundary
between two zone districts within a 19.55 acre parcel located at the southeast corner of South
Shields Street and Hobbit Street, by shifting the Neighborhood Commercial (N-C) zone south
and reducing it by 2.88 acres to 6.42 acres and shifting the Medium Density Mixed-Use
Neighborhood (M-M-N) zone north and increasing it by 2.88 acres to 13.13 acres; and
WHEREAS, the 2017 Rezoning Ordinance contained minor typographical errors in the
text of the legal descriptions (the “Map Errors”) for the two parcels of the property described
therein (collectively, the “Property”) that require correction; and
WHEREAS, correction of the Map Errors will not modify the location, size of or the
boundary between the two zone district parcels located within the Property, but will only adjust
the written legal description of those parcels to correct errors in the written text of the legal
descriptions; and
WHEREAS, the proposed rezoning of the Property to correct the Map Errors does not
alter the intent, analysis, findings or conditions related to the 2017 Rezoning Ordinance; and
WHEREAS, no formal development plans have been submitted to the City since the 2017
Rezoning Ordinance was approved, although City staff is aware of development interest in the
property and may receive a formal submittal in 2020 so that time is of the essence to correct the
Map Errors in the legal description of and zoning map for the Property; and
WHEREAS, the City Council has considered this proposed rezoning of the Property to
correct these Map Errors (“Rezoning to Correct Map Errors”), including 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
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WHEREAS, the City Council has found and determined that this proposed Rezoning to
Correct Map Errors continues to 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 this proposed Rezoning
to Correct Map Errors remains 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 included in the 2017
Rezoning Ordinance remain in compliance 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 that such Conditions are not impacted or modified by this proposed
Rezoning to Correct Map Errors; and
WHEREAS, in accordance with the foregoing, the City Council has considered this
Rezoning to Correct Map Errors and has determined that said Property is the subject of this
Ordinance should be rezoned to correct the Map Errors 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 and
as modified by the 2017 Rezoning Ordinance is hereby amended to correct the legal description
of the Medium Density Mixed-Use Neighborhood (“M-M-N”) zone district to read 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, R69WR68W 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 south thence
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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 eastsouth 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" Ea st,
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 as
modified by the 2017 Rezoning Ordinance is hereby amended to correct the legal description of
the Neighborhood Commercial (“N-C”) zone district south to read 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, R69WR68W 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, 713.81687.86 feet; thence,
SouthNorth 89° 21' 59" EastWest, 50.00 feet; thence, South 00° 19' 01" West,
407.00470.00 feet to the POINT OF BEGINNING; thence, South 89° 40' 59" East,
647.89747.89 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' 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 this Rezoning to Correct Map Errors shall operate to correct, modify
and supersede the legal descriptions of the parcels described in Ordinance 117, 2017; all other
provisions of Ordinance 17, 2017, shall remain in full force and effect, including the Conditions
set forth therein.
Section 5. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
September 2020, and to be presented for final passage on the 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk