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HomeMy WebLinkAboutVINEYARD CHURCH REZONE - 19-08 - REPORTS - RECOMMENDATION/REPORT (3)encourage economic opportunities. The parcels to the north and west are zoned Community Commercial which would compliment the proposed Commercial zone designation. 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 the natural functioning of the environment. The area to be rezoned is not adjacent to any natural areas. The new zoning designation would not pose any adverse impacts on the natural environment beyond the existing zone designation. c) Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. As stated above, the re -designation of this parcel from Community . Commercial to Commercial, would continue the pattern of Commercial designation along College Avenue as well as comply with the City's Structure Plan. We believe this project will have no negative impact on the surrounding neighborhood. It will bring the parcel into compliance with the City's Structure Plan, provide continuity within the south College Avenue corridor and open up beneficial economic opportunities. I appreciate your consideration of this request. Sincerely, Russell Lee -- -- Vaught Frye Ripley Design -Inc - Attachment 1 - Page 2 ATTACHMENT July 11, 2008 Steve Olt City of Fort Collins Planning Department 281 North College Avenue Fort Collins, CO 80522 RE: Re -Zoning Justification for a portion of the Vineyard Church Property Dear Mr. Olt, The Vineyard Church property consists of 26.93 acres and is located on the west side of College Avenue just North of Crestridge Drive. The property is currently located in the Community Commercial Zone District. Vineyard Church is requesting 8.68 acres of the eastern portion of the property be re -zoned to commercial. Re -Zoning Justification Per Section 2.9A(13) of the City of Fort Collins Land Use - - -- -- - Code (2)MandatoryRequirements for Quasi judicial Rezonfngs. 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.Planning and Zoning Board or approved by the City Council only if the proposed amendment is: a) Consistent with the City's Comprehensive Plan; The City's Structure Plan includes this parcel in the Commercial Corridor District. The re -zoning of this parcel from Community Commercial(CC) to Commercial(C) will bring this parcel into compliance with the City's structure plan. 3)Additional considerations for Quasi judicial Rezonings. In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: 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. This parcel of land is one of the only developable pieces of land along College Avenue that is zoned CC. A vast majority of the land along College Avenue is zoned Commercial. The parcel is adjacent to existing -- Commercial Zoned property to the -south and east. The rezoning of this parcel would provide zoning continuity along College Avenue and Attachment 1 — Page 1 October 7, 2008 -6- Item No. 20 C. "Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." As explained under the Structure Plan Designation section, the rezoning will result in a logical and orderly development pattern. The existing zoning on the south and east sides of the property is Commercial and rezoning the portion of the subject property that has frontage along South College Avenue is a logical continuation. Preserving the remainder of the Vineyard property as Community Commercial would provide a transition area between the properties oii the north and west and the proposed Coimercial area along the highway. Neighborhood Information Meeting A neighborhood information meeting was held on Thursday, September 11, 2008. A summary of comments from the neighborhood meeting is attached (Attachment 6). Four property owners attended the meeting and none of those in attendance expressed opposition to the rezoning request. A change in zoning for the entire Vineyard Church property was proposed at three open houses for the South College Corridor Plan on July 30 and 31, 2008. Citizen comments collected at the open houses did not reflect opposition to the change in zoning designation. FINDINGS After reviewing the Vineyard Rezoning, staff makes the following findings of fact and conclusions: This rezoning request is consistent with the City's Comprehensive Plan based on the Structure Plan designation. 2. — The proposed C -- Commercial Zoning District is compatible with the existing and surrounding uses and zoning. 3. The proposed rezoning would not result in significantly adverse impacts on the natural environment. 4. The proposed rezoning would result in a logical and orderly pattern of development. Planning and Zoning Board Recommendation 'The Planning and Zoning Board, at its regular monthly meeting on September 18, 2008, voted (6-0 on its Consent Agenda) to recommend approval of the Vineyard Rezoning. ATTACHMENTS 1. Applicant's written statement. 2. Site Vicinity Map. — _- 3. - Existing Zoning Map.- 4. Proposed Zoning Map. 5. Existing Structure Plan Map. 6. Neighborhood Meeting Summary. October 7, 2008 -5- Item No. 20 B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. Conditions have changed in the neighborhood to warrant the rezoning. Phase One of the Southwest Annexation occurred in 2006 and resulted in properties to the east and south of the subject parcel being placed in the Commercial zone district. Those properties that were annexed in Phase One of the Southwest Annexation have the same Structure Plan designation as the property currently being considered for rezoning to Commercial District. While physical conditions have not changed in the surrounding area or on the subject property, the change in City boundaries and the resulting zoning designation when those properties were annexed warrants a change to the subject property for consistency along the South College Avenue frontage. In addition to the above factors, Subsection 2.9.4[H] [3] of the Land Use Code provides factors that may be considered along with the mandatory requirements for quasi-judicial rezonings. Staff has prepared a response to each of the additional factors, demonstrating how the optional criteria could also be met: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: A. Whether and the extent to which the proposed amendment is compatible with existing _ _ _—.andproposeduses surrounding the subject land, and is the appropriate zone district-_ for the land. " The rezoning request is compatible with the existing and proposed uses surrounding the subject land and is an appropriate zoning district for the land. Uses immediately north of the property include a natural area, an approved residential subdivision and vacant land zoned Community Commercial District. East of South College Avenue is a variety of existing commercial businesses. There are an existing church, auto dealership and various commercial uses south of the subject property. This change in zoning is a logical extension of the zoning from the south and east and provides continuity in zoning along the College Avenue corridor. 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 the - natural functioning of the environment. There is no evidence that the rezoning will result in significant adverse impacts to the natural environment on- or off -site. The subject property is an undeveloped site and any future development plan on the property will be subject to and reviewed for compliance with the environmental resource protection standards contained in Division 3.4 of the Land Use Code. October 7, 2008 -4- item No. 20 (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 the natural environment; and (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." Purpose Statements of the Zone Districts The purpose statements of the two zone districts in question are listed below: -- -- 0 --Purpose of the CC —.Community-Commercial=District: -- — -- — — - CommunitvCommercial District provides a combination of retail; offices; services, cultural- facilities, civic uses and higher density housing. Multi -story buildings are encouraged to provide a mix of residential and nonresidential uses. Offices and dwellings are encouraged to locate above ground -floor retail and services. • Purpose of the C — Commercial District: The Commercial District is intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including _ creative-fbrms of housing. _. . While some Commercial District areas may continue to meet the need for auto -related and other auto -oriented uses, it is the City's intent that the Commercial District emphasize safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. STAFF ANALYSIS — REZONING REQUEST The request tofeZbne is co_ nsidered:quasi judici (versus legislative) since the parcel is less than - z 640 acres. There are two standards that may be used in evaluating a request for a quasi-judicial rezoning: These standards; and how the request complies, are suiiunarized below: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan; and/or. As stated above under the Structure Plan Designation, that the proposal is consistent with the _ Structure Plan Designation of Commercial -Corridor District. The Structure Plan is an element of i- _ City Plan, the _Cit}� s Comprehensive -Plan. _ October 7, 2008 -3- Item No. 20 Staff s perspective is that these considerations adequately support a conclusion that the zoning district could be changed to Commercial in response to this request. STRUCTURE PLAN DESIGNATION The Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic pattern of development, showing how Fort Collins should grow and evolve over the next 20 years. The map currently designates the property as Commercial Corridor District (see Attachment 5). The proposed zoning, Commercial District, is in accordance with the Structure Plan designation. The intent and purpose of Commercial Corridor District as described in City Plan is as follows: "Commercial Districts include a wide range of community and regional retail uses, as well as offices, business and personal services, and to a lesser extent, residential uses. While these districts are typically the location for highway business and auto - related uses, they also offer opportunities to create new areas and transform existing developed areas, over time, from being exclusively auto -oriented places to being a series of mixed -use, multi -modal centers which relate better to the community as a whole and to surrounding residential neighborhoods." The proposed rezoning is located along a State highway (South College Avenue) and is consistent ___with the Commercial Corridor District Structure Plan designation: It is unknown why the property was placed in the Community Commercial Zone District upon annexation instead ofthe Commercial District as designated by the Structure Plan. REZONING REQUEST The applicant initially filed a rezoning petition with the City on July 11, 2008. The request is to rezone an 8.68 acre parcel from Community Commercial (CC) to -Commercial (C) District. In order to recommend approval of this proposal, staff and the Planning and Zoning Board had to find that the rezoning is: (1) consistent with the City's Comprehensive Plan; and/or (2) warranted by changed conditions within the neighborhood surrounding and including ___ _ ._- the subject property. The above criteria found in subsection 2.9.4(H)(2) of the Land Use Code outlines mandatory requirements for quasi-judicial rezonings. In addition, the following subsection 2.9.4(H)(3) lists additional factors that may be considered along with the mandatory requirements for this type of quasi-judicial rezoning, as follows: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: October 7, 2008 -2- Item No. 20 this property is Community Commercial District (CC). A Structure Plan amendment is not required with this zoning request because the property is already designated as Commercial Corridor District on the City Plan Structure Plan. The adjoining existing zoning and land uses are as follows: N: Community Commercial (CC) and Public Open Lands (POL); existing undeveloped property, previously approved Waterstone Apartments development and existing Redtail Grove Natural Area S: Community Commercial (CC) and Commercial (C); existing church (Dayspring Christian Church), existing auto dealership (Tynan's Nissan) and various commercial/office uses E: Commercial (C); various existing commercial uses (South 13 Subdivision) W: Community Comercial (CC) and Urban Estate (UE); undeveloped property (potentially future Vineyard Church), existing railroad, existing - single-family residential (Ader Estates) to be annexed in 2010 as Phase 3 of the Southwest Annexation and zoned Urban Estate The property was annexed into the City of Fort Collins as the Skyview Ltd. Annexation in February 1989. This rezoning request was subirutted to the City duringihe,Current Planning Department's _semi- annual call for rezoning proposals. This request is being processed in accordance with the schedule set forth for the rezoning cycle, including a recommendation from the Planning and Zoning Board and Council action. The rezoning satisfies the criteria of Section 2.9.4 of the Land Use Code. j Several main considerations factor into City staff support for this rezoning request: 1. The City_s Structure Plan -includes this parcel in the Commercial Corridor District. The proposed zoning, Commercial District, is consistent with the Structure Plan Designation. 2. The proposed Commercial Zoning District will be surrounded by the Community Commercial Corridor District on three sides (north, west and south). 3. This property is adjacent to the Commercial District on the south and east. A majority of properties with South College Avenue frontage between Harmony Road to the north and Trilby. Road to the south are zoned Commercial District. 4. The proposed Commercial District will be surrounded by Community Commercial District _ - zoning on the north and -west -which buffer the Commercial zoning from the residential and natural area uses in the vicinity. 5. The South College Corridor Plan (SCCP) is recommending the site be rezoned to Commercial District. Citizen comments at SCCP open houses did not. oppose the change -- _ in designation._ ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: October-7, 2008 FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer SUBJECT Hearing and First Reading of Ordinance No. 125, 2008, Amending the Zoning Map of the City by Changing the Zoning.Classificatiori for that Certain Property Known as the Vineyard Rezoning: - RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. On September 18, 2008, the Planning and Zoning Board voted (6-0 on its Consent Agenda) to recommend Council approve the Vineyard Rezoning. - EXECUTIVE SUMMARY __This-is_a request to rezone. an 8.68 acre parcel located on the west side of South College Avenue immediately north of Crestridge Drive. The current zoning district designation is Community Commercial (CC) District. The applicant proposes zoning of Commercial (C) District. A Structure Plan amendment is not necessary for this rezoning request. There are no perceived issues or known controversies with this rezoning request. BACKGROUND Applicant: Russell Lee VFR Design, Inc. 401 West Mountain Avenue Fort Collins, CO 80524 Property Owners: Vineyard Church - -- - 1201 Riverside Avenue Fort Collins, CO 80524 — THE SITE The applicant, Russell Lee, on behalf of the property owner, the Vineyard Church, has submitted a written request for the rezoning of 8.68 acres located on the west side of South College Avenue, immediately north of Crestridge Street. The majority of the property proposed for rezoning is currently undeveloped, though it also includes the entire right-of-way for the existing Crestridge Street. The requested zoning for this property is Commercial (C) District. The existing zoning for