HomeMy WebLinkAbout138 - 05/19/2020 - AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE HUGHES STADIUM REZONING AND APPROrdinance Defeated on Second Reading May 19, 2020.
ORDINANCE NO. 138, 2019
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 HUGHES STADIUM REZONING AND APPROVING CORRESPONDING
CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP
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 October 16, 2018, City Council approved Ordinance No. 123, 2018,
annexing the Hughes Stadium Annexation property (the “Property”) consisting of approximately
164.56 acres into the City; and
WHEREAS, on October 16, 2018, City Council approved Ordinance No. 124, 2018, to
place the Property into the Transition (T) zone district upon annexation; and
WHEREAS, on July 16, 2019, City Council adopted Resolution 2019-084 to initiate the
rezoning of the Property and directed 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 Property, all in accordance with Land Use Code Section 2.9.4; and
WHEREAS, City staff submitted an application for rezoning requesting that the Property
be rezoned as “Low Density Mixed-Use Neighborhood (LMN) on the east half of the property and
Residential Foothills (RF) on the west half of the property, with a condition that residential units
be clustered and 50% of the area be retained in an 'open' condition” (the “Proposed Rezoning”);
and
WHEREAS, on September 19, 2019, the Planning and Zoning Board on a 4-2 vote
recommended that City Council not adopt the Proposed Rezoning and instead that Council rezone
the Property entirely as Residential Foothills (R-F); and
WHEREAS, City staff is recommending that City Council implement the recommended
condition by requiring that residential development on the Residential Foothills zone district
portion of the Property meet the requirements for Site Design for Residential Cluster Development
set forth in Land Use Code Section 4.3(E)(2); and
WHEREAS, after publishing public notice on Sunday, October 13, 2019, City Council held
a public hearing on November 5, 2019, to consider the rezoning as set forth herein and at that
hearing City staff and members of the public provided information and testimony.
Ordinance Defeated on Second Reading May 19, 2020.
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 City Council, after considering at the November 5, 2019, hearing the
Planning and Zoning Board recommendation, the testimony of the public and City staff, and the
information provided for the hearing, hereby finds that the Proposed Rezoning is:
(1) Consistent with the City's Comprehensive Plan;
(2) Is compatible with existing and proposed uses surrounding the Property and is the
appropriate zoning for the Property;
(3) The proposed zoning would not result in significantly adverse impacts on the natural
environment;
(4) Would result in a logical and orderly development pattern.
Section 3. That City Council hereby rezones the western half of the Property as
Residential Foothills (R-F) zone district and the eastern half of the Property as Low Density
Mixed-Use Neighborhood (LMN) as follows:
A north to south dividing line (“Dividing Line”) shall be established on the
Property with such line running parallel to and 1368.63 feet west of, as measured
perpendicularly, the eastern line of the southeast quarter of Section 20, Township
7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins,
County of Larimer, State of Colorado. The portion of the Property located west
of the dividing line shall be designated as Residential Foothills Zone District and
the portion of the Property located east of the dividing line shall be designated as
Low Density Mixed-Use Neighborhood District (L-M-N).
Section 4. That Council imposes the following condition of approval upon this
rezoning pursuant to Land Use Code Section 2.9.4(I):
All residential development occurring on the portion of the Property zoned
Residential Foothills (R-F) shall be residential cluster development in compliance
with the version of Land Use Code Section 4.3(E)(2), Site Design for Residential
Cluster Development, in effect on the effective date of this Ordinance and attached
to this Ordinance as Exhibit “A”. However, any Land Use Code section or defined
term referenced within Land Use Code Section 4.3(E)(2) shall be to the version of
such section or defined term in effect at the time such section or defined term is
applied to any development application for any portion of the Property zoned
Residential Foothills.
Ordinance Defeated on Second Reading May 19, 2020.
Section 5. That Council finds that the condition of approval imposed in above Section
4 is necessary to accomplish the purposes of the Land Use Code, specifically, Land Use Code
Section 1.2.2(A), (C), (D), (I), and (N), and is consistent with City Plan.
Section 6. That Council finds that the rezoning and condition of approval adopted
herein are in the best interests of the citizens of Fort Collins.
Section 7. That the Residential Neighborhood Sign District Map adopted pursuant to
Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by
showing that the above-described property is included in the Residential Neighborhood Sign
District.
Section 8. 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 5th day of
November, A.D. 2019, and to be presented for final passage on the 19th day of May, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of May, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk