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HomeMy WebLinkAboutVINEYARD CHURCH REZONE - 19-08 - REPORTS - RECOMMENDATION/REPORT (5)THENCE North 03045'51" East a distance of 369.60 feet to an angle point on the Southeasterly boundary of that parcel of land described in a Quit Claim Deed recorded July 7, 1998 as Reception No.98056794 of the Records of Larimer County; The Next Five (5) courses and distances are along the Southeasterly boundary lines of said parcel described in Reception No.98056794; THENCE North 05°25'39" West a distance of 135.10 feet; THENCE North 65°49'0 V East a distance of 310.00 feet; THENCE North 36°58'10" East a distance of 281.98 feet; THENCE South 89° 15'08" East a distance of 64.38 feet; THENCE North 00044'52" East a distance of 149.65 feet to the North line of the NE 1 /4 of said Section 11; THENCE North 88°31'52" East along the North line of the NE 1 A of said Section 1 I a distance of 8.44 feet to the POINT OF BEGINNING. Said parcel of land contains 378,226 square feet or 8.683 acres, more or less. Section 2. That the 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 not included in the Residential Neighborhood Sign District. Section 3. 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 7th day of October, A.D. 2008, and to be presented for final passage on t lst day of October, A.D. 2008. May r ATTEST: Chief Deputy City Clerk Passed and adopted on final reading on the 21st day of October, A.D. 2008. ATTEST: City Clerk -3- Mayor 1066 at Page 204 of the Records of Larimer County and to the POINT OF BEGINNING; The next Three (3) courses and distances are along the Westerly lines of said strip of land conveyed in deed to the Department of Highways, State of Colorado, in Bk.1066, Pg.204: THENCE South 00'40'38" West a distance of 366.10 feet; THENCE South 00044'38" West a distance of 610.50 feet to the beginning point of a non -tangent curve; THENCE along the arc of a curve concave .to the East and non -tangent to the aforesaid course, a distance of 62.83 feet, said curve has a Radius of 22995.00 feet, a Delta of 00°09'24" and is subtended by a Chord bearing South 00040' l8" West a distance of 62.83 feet to the Southerly Right of Way line of Crestridge Street as dedicated in a deed recorded July 25, 1975 as Book 1655, Page 179 of the Records of Larimer County; The next Three (3) courses and distances are along the Southerly Right of Way lines of said Crestridge Street: THENCE North 89014'51" West a distance of 364.21 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 72.37 feet, said curve has a Radius of 278.27 feet, a Delta of 14°54'06" and is subtended by a Chord bearing South 83 ° 18'06" West a distance of 72.17 feet to a Point of Compound Curvature; THENCE along the are of a curve concave to the Southeast a distance of 23.35 feet, said curve has a Radius of 15.15 feet, a Delta of 88°18'49" and is subtended by a Chord bearing South 31 °41'39" West a distance of 21.11 feet to a Point of Reverse Curvature and to the Easterly Right of Way line of Venus Avenue as dedicated in a deed recorded February 18, 1975 as Book 1635, Page 158 of the Records of Larimer County; The next Two (2) courses and distances are along the Easterly Right of Way lines of said Venus Avenue and the Southerly prolongation thereof: THENCE along the are ofacurve concave to the Southwest a distance of 155.01 feet, said curve has a Radius of 725.00 feet, a Delta of 12° 15'00" and is subtended by a Chord bearing South 06'53'21" East a distance of 154.71 feet to a Point of Tangency; THENCE South 00°45'51" East a distance of 100.94 feet to the North line of Skyview, a Subdivision plat recorded May 7,1964 in Book 8, Page 138, asReception No.865453 of the Records of Larimer County; THENCE South 89016' 18" West along the North line of said Skyview Subdivision a distance of 60.00 feet to the Southerly prolongation of the Westerly Right of Way line of said Venus Avenue; The next Two (2) courses and distances are along the Easterly Right of Way lines of said Venus Avenue and the Southerly prolongation thereof: THENCE North 00045'51" West a distance of 100.91 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 214.95 feet, said curve has a Radius of 665.00 feet, a Delta of 18°31'11" and is subtended by a Chord bearing North 10°01'27" West a distance of 214.01 feet to the Northwest corner of the Venus Avenue Right of Way; -2- ORDINANCE NO. 125, 2008 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 VINEYARD CHURCH 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, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that said property should be rezoned as hereafter provided; and WHEREAS, the Council has further determined that the proposed rezoning is 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, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from Community Commercial ("CC") Zone District, to Commercial ( "C") Zone District, for the following described property in the City known as the Vineyard Church Rezoning: A parcel of land being a portion of the Northeast Quarter (NEl/4) of Section Eleven (11), Township Six North (T.6N.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: COMMENCING at the Northeast Corner of said Section I 1 and assuming the East line of the Northeast Quarter (NE 1/4) of said Section 11 as bearing South 00' 13,08" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2646.15 feet with all other bearings contained herein relative thereto; The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." THENCE South 88031'52" West along the North line of the NE1/4 of said Section 11 a distance of 75.00 feet to the Westerly line of a strip of land conveyed in deed to the Department of Highways, State of Colorado, recorded May 6, 1958, in Book 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 a io t , the rezoning will result in a logical and orderly dev pine t ttem a tin mg on the south and east sides of the property is Comme al and r onin a rtion of a subject property that has frontage. along South College A is . I inuati Preserving the remainder of the Vineyard property as Community Commercial would provide a transition area between the properties on the north and west and the proposed Commercial 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 Conin, Oepe llo g findings of fact and conclusions: 1. 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 ORYezoning. eptember 18, 2008, voted (6-0 on its Consent Agenda) to en 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 th eighb od,t an e g. Phase One of the Southwest Annexation occurred in 2006 d resul in p ire th as and south of the subject parcel being placed in the Commerci i roper at 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 th xtent hich Pjecit ed dment is compatible with existing and proposed Burro ing t Ian nd 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 functioni e . n " There is no evidence the rezo ng ' r t m Yrt adverse impacts to the natural environment on- or off- a ct ertydeveloped 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 thxtent t hicFal s endment would result in significantly ad rse im is on en ronment, including but not limited to, water, ois ana ent, 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: Purpose of the CC — Community Commercial District: Community Commercial 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 residen ' n e ffi and dwellings are encouraged to locate above ground or r and es Purpose of the C — Co 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 forms 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 to rezone is consid ' 'al 'sl ) since the parcel is less than 640 acres. There are two ds ay u ev ng a request for a quasi-judicial rezoning. These standards, an ow the que o tes, are arized below: A., tiny 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 City Plan, the City'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 DESIGILTTONNThe Structure Plan, an elemenPpen,,1SYi;ean s a map that sets forth a basic pattern of development, showin 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 locat a i ( ege Avenue) and is consistent with the Commercial Corridor istrict c I d gn 'o . It is unknown why the property was placed in the Community erci Zone is c upon exation instead of the Commercial District as designated by the S P1 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 secti .9.4 P(o Y Use Codeoutlines mandatory requirements for quasi judici ezonin Inng subsection 2.9.4(H)(3) lists additional factors that may be c dire ry 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 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 this property is Community Commercial District (CC). A Structure Plan amendment is not required with this zoning request because�ie-pr�pe I e sVe Commercial Corridor District on the City Plan Structure Pl ` ®® �� ga The adjoining existing zonin 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 a Ci ort it a ew Ltd. Annexation in February 1989. This rezoning request was submitted to the City during the 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. 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 C Av r en ony Road to the north and Trilby Road to the sou are z Co e i is t 4. The proposed Commerc .c and -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. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ATTACHMENT 1 ITEM NUMBER: 20 DATE: October 7, 2008 : Shelby Sommer Hearing and First Reading of Ordinance No. 125, 2008, Amending the Zoning Map of the City by Changing the Zoning Classification 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 Coll' 80 Property Owners: VineyarMChurch py 1201 RA4ji&/A u 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 ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: October 21, 2008 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Second Reading of Ordinance No. 125, 2008, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Vineyard Rezoning. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 7, 2008, rezones 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. ATTACHMENTS Copy of First Reading Agenda Item Summary - October 7, 2008. (w/o original attachments)