HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2020 - SECOND READING OF ORDINANCE NO. 115, 2020, AMENDIN Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Judy Schmidt, Legal
SUBJECT
Second 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 Ordinance, unanimously adopted on First Reading on September 15, 2020, makes 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 on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 15, 2020 (w/o attachments) (PDF)
2. Ordinance No. 115, 2020 (PDF)
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.
ATTACHMENT 1
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)
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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 along a curve concave
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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" 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 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