HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2020 - SECOND READING OF ORDINANCE NO. 122, 2020 AMENDING Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY October 20, 2020
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Clark Mapes, City Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 122, 2020 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification of that Certain Property Known as the Fischer Rezoning.
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.
This Ordinance, unanimously adopted on First Reading on October 6, 2020, amends the City’s Zoning Map to
change the zoning designation on two existing single family residential properties, 1185 and 1201 Westward
Drive, from RL, Low Density Residential, to NCB, Neighborhood Conservation Buffer. 1185 Westward abuts
the single family property at the southwest corner of Shields Street and Westward Drive, and 1201 abuts 118 5.
The rezoning would merge the two properties into a larger NCB-zoned area along South Shields Street that
abuts the properties on two sides.
The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be
approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning
and Zoning Board, which voted 4-2 to recommend approval of the request with one condition as recommended
in the staff report with agreement from the petitioner.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 6, 2020 (w/o attachments) (PDF)
2. Ordinance No. 122, 2020 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Clark Mapes, City Planner
Brad Yatabe, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 122, 2020 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification of that Certain Property Known as the Fischer Rezoning.
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 amend the City’s Zoning Map to change the zoning designation on two existing
single family residential properties, 1185 and 1201 Westward Drive, from RL, Low Density Residential, to NCB,
Neighborhood Conservation Buffer. 1185 Westward abuts the single family property at the southwest corner of
Shields Street and Westward Drive, and 1201 abuts 1185. The rezoning would merge the two properties into a
larger NCB-zoned area along South Shields Street that abuts the properties on two sides.
The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be
approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning
and Zoning Board, which voted 4-2 to recommend approval of the request with one condition as recommended
in the staff report with agreement from the petitioner.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance of First Reading.
BACKGROUND / DISCUSSION
PURPOSE OF THE REZONING REQUEST
The purpose of the petitioner’s request is to enable the two subject lots to be assembled with two other abutting
properties that are currently zoned NCB and owned by the petitioner. The rezoning and potential subsequent
assembly of these properties would make redevelopment for multifamily housing more viable on the assembled
properties.
OVERVIEW OF MAIN CONSIDERATIONS
The Planning and Zoning Board Staff Report details the main considerations in this request. (Attachment 1)
Rezonings are governed by five criteria in Land Use Code Subsection 2.9.4(H)(2) and (3). They can be
paraphrased as 1) ‘consistent with the comprehensive plan’; 2) ‘warranted by changed conditions’; 3) ‘compatible
with surrounding uses’; 4) ‘impacts to the natural environment’; and 5) ‘a logical and orderly development
pattern’.
ATTACHMENT 1
Agenda Item 13
Item # 13 Page 2
Staff finds that the most pertinent criterion in this case is consistency with the Comprehensive Plan (City Plan)
and that the Fischer Rezoning is consistent with City Plan. The Comprehensive Plan includes the West Central
Area Plan as a related element of City Plan and the two plans work in conjunction to guide land use and change
in the area.
Policies in these documents recognize the tension and balance between maintaining existing character of stable,
established single family neighborhoods, and recognizing the continuum of change and urban evolution with infill
and redevelopment in appropriate locations. After considering the body of policy direction, the primary
consideration staff finds to tip the balance in staff’s recommendation is the concluding sentence on page 23 of
the West Central Area Plan under the heading of Vacant and Under-Utilized Parcels: “Collaboration with
surrounding neighbors is expected to result in land uses that are appropriate with a design that is sensitive to
the surrounding context.”
Accordingly, the most prominent consideration in staff’s review of the proposal was the neighborhood meeting.
The primary topic at that meeting was attendee concerns about parking in the neighborhood generally, and their
appreciation of strong statements by the petitioner about a commitment to provide a parking space for every
bedroom if a multi-family redevelopment project is ever brought forward under the requested NCB zoning.
The petitioner stated that if the rezoning is approved, he plans to be the developer of a multi-family housing
project, and the main reason for requesting the rezoning is to enable more space for generous parking. Assembly
of the properties would also enable alternative access other than Shields Street, which would be a goal of the
City due to the evolution of Shields as a high-volume arterial.
There was no opposition at the meeting to the rezoning proposal, largely based on the parking commitment of
one space per bedroom. In addition, the petitioner is not guaranteed to be the developer but the parking
commitment is a condition in staff’s recommendation of approval.
Staff’s understanding is that all of the adjoining and facing single family houses have been rental properties for
many years and has heard no opposition from owners or tenants of those properties.
In addition to finding the Fischer Rezoning is consistent with the comprehensive plan, staff also finds that the
rezoning is warranted by changed conditions, compatible with surrounding uses, and is a logical and orderly
development pattern. The Planning and Zoning Board staff report explains these findings on pages 5-11.
PLANNING BACKGROUND AND CONTEXT
1201 Westward is part of the 1955 Western Heights subdivision, and 1185 Westward is on an older unplatted
parcel, as are the residential properties that face Shields in the NCB zone. The properties along Shields were
developed as large residential properties generally ranging in size from about ½-acre to over an acre, outside
City Limits in the early 1900’s.
NCB zoning was placed on properties along Shields as part of implementing the 1999 West Central Area Plan
(WCAP). The WCAP was updated in 2015.
The four parcels under unified ownership wrap around the property at the southwest corner of Westward Drive
and Shields Street. The proposal would extend the western boundary of NCB zoning straight northward to
incorporate the two subject properties. The current NCB zone boundary did not originally include these two
parcels so that facing houses on both sides of Westward Drive are in the RL zone.
CONDITION
Land Use Code Section 2.9.4(I) allows conditions to be imposed upon rezonings. Based upon neighborhood
concerns over parking congestion in the area if the properties subject to rezoning are redeveloped, a
recommended condition of the rezoning is that at least one parking space be provided for each bedroom if one
or both of the lots being rezoned are redeveloped for residential use. Staff considers this condition to be
Agenda Item 13
Item # 13 Page 3
appropriate for the reasons stated in this AIS and the Planning and Zoning Board Staff Report, and the Planning
and Zoning Board recommended approval of the rezoning with the condition. Because this condition will be
incorporated into the zoning for this property, it will limit future flexibility in regulating the property with regards to
minimum parking requirements. The owner of the properties subject to the Fischer Rezoning has
consented to the condition.
CITY FINANCIAL IMPACTS
There are no direct financial impacts associated with the requested zoning.
BOARD / COMMISSION RECOMMENDATION
At its August 20, 2020, Planning and Zoning Board meeting, the Board recommended that Council approve the
Fischer Rezoning on a 4-2 vote. The two members who did not support the proposal spoke about
appropriateness of the existing RL zoning on the existing single-family properties proposed to be rezoned. A
related point was that the loss of the two houses would reduce the supply of housing for families. A second point
discussed as being contrary to the proposal was the contradiction in the recommended condition to require more
parking in potential future redevelopment than standard requirements—the area is within the Transit Oriented
Overlay District which allows for reduced parking requirements based on proximity to convenient transit and
CSU.
Members supporting the proposal acknowledged the change that has occurred in the area, appropriateness of
extending the NCB zoning line, and the recommended parking condition being a result of collaboration with
neighbors. (Attachment 2)
PUBLIC OUTREACH
A neighborhood meeting was held on February 10, 2020. Eight neighbors were in attendance. Discussion of
the proposed rezoning centered on increased parking demand if the two houses were redeveloped as multi-
family housing. One other topic of discussion was existing traffic on Shields Street and difficulties of left turns in
this stretch. (Attachment 3)
A similar conceptual plan was considered in the spring of 2017 including a neighborhood meeting with 26 people
in attendance. Notes from that meeting are also attached because they are similar and relevant to the current
proposal. The neighborhood concerns were essentially the same, i.e., increased parking and traffic associated
with more people residing in the neighborhood. (Attachment 4)
ATTACHMENTS
1. Development Review Staff Report (PDF)
2. Board Minutes, August 20, 2020 (PDF)
3. Neighborhood Meeting Notes - February 2020 (PDF)
4. Neighborhood Meeting Notes - 2017 (PDF)
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ORDINANCE NO. 122, 2020
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 FISCHER REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”)
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, the City has received an application for the rezoning of two parcels more
particularly described below from Low Density Residential (“R-L”) Zone District to
Neighborhood Conservation Buffer (“N-C-B”) Zone District (“Fischer Rezoning”); and
WHEREAS, the Planning and Zoning Board at its August 20, 2020, meeting recommended
that City Council approve the Fischer Rezoning with one condition of approval regarding the
provision of one parking space per bedroom if the Property is redeveloped for residential uses; and
WHEREAS, City Council finds that the Fischer Rezoning is consistent with City Plan, the
City’s comprehensive plan, is warranted by changed conditions within the neighborhood
surrounding the Fischer Rezoning, is compatible with the existing and proposed uses surrounding
the Fischer Rezoning and is the appropriate zone district, and would result in a logical and orderly
development pattern; and
WHEREAS, City Council desires to impose a condition on the Fischer Rezoning to require
that residential development provide at least one parking space per bedroom in order to mitigate
parking congestion in the area and the owner of the property subject to the Fischer Rezoning has
consented to such condition; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
rezoning of the property that is the subject of this Ordinance and has determined that said property
should be rezoned as hereafter 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 changing the zoning classification from Low Density Residential (“R-L”)
Zone District, to Neighborhood Conservation, Buffer (“N-C-B”) Zone District, for the following
described properties in the City known as the Fischer Rezoning:
Parcel 1:
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Lot 15, The Western Heights Subdivision, recorded at Reception No.701791, Larimer
County Clerk and Recorder.
Parcel 2:
Commencing at a point 29.6 feet South of the Northeast corner of the South Half (S1/2) of
the South Half (S1/2) of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4)
of Section 15, Township 7 North of Range 69 West of the Sixth Principal Meridian; thence
West 330 feet; thence South 90 feet; thence East 330 feet; thence North 90 feet to the point
of beginning, EXCEPT that parcel as described in deed recorded June 9, 1989 at Reception
No. 89025675, County of Larimer, State of Colorado.
Section 3. That the following condition be imposed upon the Fischer Rezoning:
• Any development plan involving 1185 or 1201 Westward Drive, or both,
for residential use must provide at least one parking space per bedroom.
Section 4. That the property subject to the Fischer Rezoning continue to be included
in the Residential Sign District adopted pursuant to Section 3.8.7.1(M) of the Land Use Code.
Section 5. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D., 2020, and to be presented for final passage on the 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk