Loading...
HomeMy WebLinkAboutFRONT RANGE SECOND REZONING - SECOND READING - 20-06 - REPORTS - RECOMMENDATION/REPORTIntroduced, considered favorably on first reading, and ordered published this 3rd day of October, A.D. 2006, and to be presented for final passage on th day of October, A.D. 2006. Mayo ATTEST: [11� c_. � cif �.. Passed and adopted on final reading on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk STRIP SUBDIVISION RECORDED UNDER RECEPTION NUMBER 913846 IN THE RECORDS OF LARIMER COUNTY; THENCE SOUTH 00'30'57" EAST ALONG THE SAID EAST ROW LINE AS DEFINED BY SAID KEL-MAR STRIP SUBDIVISION, BOOK 1059 PAGE 402, AND BOOK 1066 PAGE 184 OF THE RECORDS OF LARIMER COUNTY A DISTANCE OF 542.39 FEET, TO THE SOUTH ROW LINE OF TRILBY ROAD, SAID LINE ALSO BEING THE NORTH LINE OF THE SOUTHLAND AT TRILBY HEIGHTS SUBDIVISION FILING NO 1 RECORDED UNDER RECEPTION NUMBER 99031585 ON APRIL 13, 1999; THENCE SOUTH 89'14'30" WEST, A DISTANCE OF 50.17 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 5.761 ACRES, MORE OR LESS (t), AND IS SUBJECT TO ANY RIGHTS -OF -WAY OR OTHER EASEMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND. Legal Description for Current MMN Zone to be Changed to "C" Zone District. AS DESCRIBED IN THE CITY OF FORT COLLINS ORDINANCE NO. 217, 2001, A PARCEL LYING WITHIN THE SOUTHEAST ONE -QUARTER OF SECTION 11. TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, , STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2" ALUMINUM CAP MARKED'PLS 23513" IN A RANGE BOX, AND AT THE EAST END BY A 3'/." BRASS CAP MARKED "COLO DEPT OF HIGHWAYS" (PLS NUMBER IS ILLEGIBLE), IS ASSUMED TO BEAR N 89'37'42" E, WITH A DISTANCE OF 2574.18 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 11, THENCE S 89'37'42" W, ON THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, A DISTANCE OF 335.62 FEET; THENCE S 00'44'52" E, A DISTANCE OF 33.31 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SKYWAY DRIVE, AND THE POINT OF BEGINNING; THENCE S 00"26'39" E, A DISTANCE OF 767.38 FEET; THENCE S 62"12'57" W, A DISTANCE OF 311.55 FEET; THENCE S 01'18'45" E, A DISTANCE OF 605.10 FEET; THENCE S 24"13'54" W, A DISTANCE OF 554.49 FEET; THENCE S 88'15'56" W, A DISTANCE OF 136.42 FEET; THENCE N 01'57'21" W, A DISTANCE OF 2037.48 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID SKYWAY DRIVE: THENCE ON SAID SOUTHERLY LINE, S 89615'08" E, A DISTANCE OF 689.35 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 964,716 SQUARE FEET OR 22.147 ACRES. 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. COMMENCING AT THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, THENCE ON THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER, A DISTANCE OF 408.71 FEET; THENCE N 01'23'18" W, A DISTANCE OF 30.00 FEET, TO THE NORTH RIGHT- OF-WAY LINE OF COUNTY ROAD #34 (TRILBY ROAD), AND THE POINT OF BEGINNING; THENCE S 88"36'42" W, ON SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 550.99 FEET; THENCE N 01'57'21' W, A DISTANCE OF 576.89 FEET; THENCE N 88'15'56" E, A DISTANCE OF 136.42 FEET; THENCE N 24'13'54" E, A DISTANCE OF 554.49 FEET; THENCE N 01'16'22" W, A DISTANCE OF 112.81 FEET; THENCE N 89*48'18" E. A DISTANCE OF 204.33 FEET; THENCE S 59'15'13" E, A DISTANCE OF 227.41 FEET; THENCE N 90'00'00" E, A DISTANCE OF 161.70 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 287 (COLLEGE AVENUE); THENCE S 00'21'52" E. ON SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 605.69 FEET; THENCE S 88'07'19" W, A DISTANCE OF 360.46 FEET; THENCE S 00'30'37" E, A DISTANCE OF 452.71 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 733,738 SQUARE FEET OR 16.944 ACRES. AND AS DESCRIBED IN THE CITY OF FORT COLLINS ORDINANCE NO. 170, 2004, A PARCEL OF LAND BEING PART OF THE SOUTHEAST QUARTER (SE1 /4) OF SECTION ELEVEN (11). THE SOUTHWEST QUARTER (SW 1/4) OF SECTION TWELVE (12). THE NORTHWEST QUARTER (NW 1/4) OF SECTION (13), AND THE NORTHEAST QUARTER (NE1/4) OF SECTION FOURTEEN (14), TOWNSHIP SIX NORTH (TAN.), RANGE SIXTY- NINE WEST (R.69W.) OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.), CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, AND .BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST (SE) CORNER OF SAID SECTION 11 ASSUMING THE EAST LINE OF THE SE1/4 OF SAID SECTION AS BEARING NORTH 00'40'19" WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2646.18 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 00'14'49" EAST ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 14 A DISTANCE OF 40.69 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'14'30" WEST A DISTANCE OF 49.83 FEET TO THE WEST RIGHT- OF-WAY (ROW) LINE OF HIGHWAY #287 (ALSO KNOWN AS COLLEGE AVENUE), - THENCE NORTH 00"29'19" WEST ALONG SAID WEST ROW LINE A DISTANCE OF 10.00 FEET TO THE SOUTH ROW LINE OF TRILBY ROAD; THENCE SOUTH 88'27'35" WEST ALONG SAID SOUTH ROW LINE A DISTANCE OF 369.89 FEET TO THE EAST LINE OF TIMAN FIRST ANNEXATION; THENCE NORTH 00'40'19" WEST ALONG THE EAST LINE OF SAID TIMAN FIRST ANNEXATION A DISTANCE OF 531.00 FEET TO THE SOUTH LINE OF SAID TIMAN FIRST ANNEXATION, THENCE NORTH 88'27'35" EAST ALONG SAID SOUTH LINE AND ALONG THE EASTERLY PROLONGATION OF SAID SOUTH LINE A DISTANCE OF 471.35 FEET TO THE EAST ROW LINE OF HIGHWAY #287 ALSO BEING THE WEST LINE OF KEL-MAR ORDINANCE NO. 157, 2006 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 FRONT RANGE SECOND 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 the said property should be rezoned as hereafter provided; and WHEREAS, the Council has further determined that the proposed rezoning is consistent with the Citys 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: 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 "NC", Neighborhood Commercial and "MMN" Medium Density Mixed Use Neighborhood Zone Districts, to "C", Commercial Zone District, for the following described property in the City known as the Front Range Second Rezoning: Legal Description for Current NC Zone to be Changed to "C" Zone District. AS DESCRIBED IN THE CITY OF FORT COLLINS ORDINANCE NO. 217, 2001, A PARCEL LYING WITHIN THE SOUTHEAST ONE -QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2 %z" BRASS CAP MARKED "PLS 14825" IN A RANGE BOX, AND AT THE EAST END BY A 3'/." BRASS CAP MARKED -COLO DEPT OF HIGHWAYS' (PLS NUMBER IS ILLEGIBLEI, IS ASSUMED TO BEAR S 88'36'42" W. WITH A DISTANCE OF 2563.01 FEET BETWEEN SAID MONUMENTS. Y October 3, 2006 -6- Item No. 22 A-B PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at their regular monthly meeting on September 21, 2006, voted 7 - 0 to recommend approval of eq&nJZewmgpnd Structure Plan Amendment. ATTACHMENTS (WO/ OF S 1. Vicinity Map. 2. Existing Structure Plan — Site and Surrounding Context. 3. Proposed Structure Plan — Site and Surrounding Context. 4. Existing Zoning — Site and Surrounding Context. 5. Proposed Zoning — Site and Surrounding Context. COPY October 3, 2006 -5- Item No. 22 A-B Have conditions changed in the neighborhood to warrant the rezoning? This was not a deciding factor in staffs evaluation. Anecdotal information indicates that a recently built superstore in north Lovel Oe:p d d for a supermarket -anchored NC district at this location. Is the rezoning requestcompatib esed surrounding the subject landand is it the appropriate zoning district for the land? Yes. It is covered by evaluation of the Structure Plan Amendment. Essentially, the original City Structure Plan found Commercial designation appropriate for the South College corridor; and development standards are in place to achieve urban compatibility. Will the rezoning have adverse effects on the natural environment? No. Under either existing or proposed zoning, the same standards for protecting the natural environment will apply. Will the rezoning result in a logical and orderly development pattern? Yes. Previous discussion noted a of py Commercial Corridor. FINDINGS After reviewing the Front Range Second Rezoning and Amendment to the Structure Plan, staff makes the following findings of fact and conclusions as explained above: This request for a Structure Plan amendment adequately demonstrates a need to change the designation, in response to the request. Such a change would be consistent with the City's Comprehensive Plan. 2. This rezoning request is consistent with the City's Comprehensive Plan based on the Structure Plan amendment. 3. The proposed C - Commercial Zoning District is appropriate for this property as an extension of the South College Commercial Corridor. 4. The proposed rezoning pwtA4 no t iW"U'ifigntlypdverse impacts on the natural environment. 5. The proposed rezoning res I 1 andyly pattern. RECOMMENDATIONS Staff recommends approval of the Front Range Second Rezoning and Structure Plan Amendment. October 3, 2006 4- Item No. 22 A-B 2. warranted by changed conditions within the neighborhood surrounding and including the subject property." The above criteria are found inCn on a Code and outline mandatory requirements for quasi judicia In a i n e 1 ing subsection 2, 4[H][3] lists additional factors that may be alon i e man tory requirements for this type of quasijudicial rezoning, as foli, "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: 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, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment': and whether and thCydevel hick P se ndment would result in a logical and ord men a Purpose Statement of the Zone District For convenient reference, the purpose statement of the C, Commercial (Section 4.17 of the Land Use Code) zone district states: "The purpose of the C District is 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 D. Staff Analysis - Rezo g Re�q st. J Is the request consistent with the City's Comprehensive Plan? Yes. If the Structure Plan Amendment is supported, then the zoning logically follows. Zoning this site as part of the South College Commercial Corridor is an appropriate fit with City Plan. October 3, 2006 -3- Item No. 22 A-B 2. When the current NC/MMN zoning configuration was approved in 2000, staff found it to be appropriate, but also found the Commercial zoning in place at that time was appropriate, as well. In other words, either land use/zoning scenario could be appropriate and consistent with City Plan; and eith9pprowdqp enWdet0qd uWdesWiation. 3. Freestanding develo t has can o our acr at the northwest corner of South College and Trilby, wit a mann ore consistent with Commercial zoning than NC zoning. Staff believes these considerations adequately support a conclusion that the Structure Plan needs to be changed in response to this request. A. Context of the Proposed Structure Plan Amendment The City Structure Plan is the primary basis for zoning decisions. An amendment is a prerequisite to this rezoning request. To recommend approval of this proposal, staff and the Planning and Zoning Board have to find that: 1. the existing Structure Plan is in need of change; and 2. the proposed ceoals, Id pr p elfare and be consistent with the vision, ciple policies City Plan. These are the applicable criteria, contained in Appendix C of City Plan. B. Staff Analysis - Structure Plan Amendment Staff finds the requested Commercial Corridor designation acceptable primarily on the grounds that the City has already found this site to be part of the South College Commercial Corridor on the original 1997 City Structure Plan, consistent with all aspects of City Plan; and that it is still a valid perspective. The supermarket -anchored NC district initiative, which was the driving force behind the previous rezoning, is no longer a factor. The need to change the designation to Commercial Corridor is to expand flexibility in commercial land use while still allowing most of the uses permitted in the current set of zone districts. Some factors behind the requested change are the imminent construction of a super center st1wrnWkgerfV n*stput,-of subject property, in Loveland, and the continuing influence o W"OMMIT al coadcl USA o st side of College. C. Rezoning Request %/' _ In order to recommend approval of this proposal, staff and the Planning and Zoning Board would have to find that the rezoning is: 1. consistent with the City's Comprehensive Plan; and/or October 3, 2006 -2- Item No. 22 A-B OWNERS: Lithia Real Estate Inc. 360 East Jackson Street Medford, OR 97501 Front R fi5 e Li P i 3573E Sunris rive u 33 Tucson, �71 _ .. COL College and Trilby, LLC President Hunt Douglas R.E. Services P.O. Box 320342 Tampa, FL 33679 Southgate Church, Inc. 6541 South College Avenue Fort Collins, CO 80525 BACKGROUND The applicant, Commercial Buildin2 S rvi on f o p rty owners, Lithia Real Estate, Front Range Limited Partner p, oll e d ri C, and Southgate Church, has submitted a written request for a rezon g of 4 cat ong the west side of South College Avenue from Trilby Road to 've request zoning for these properties is C, Commercial. Because the properties are currently in the Neighborhood Commercial Center and Medium Density Mixed -Use Neighborhood designations on the Structure Plan, an amendment to the plan is necessary. Four properties are included in the Rezoning and Structure Plan Amendment request. There is a farmstead home and several outbuildings in the middle of the property owned by Front Range Limited Partnership and an existing church on the property owned by Southgate Church at the northwest comer of South College Avenue and Trilby Road. The surrounding zoning and land uses are as follows: N: Larimer County C, FA; suburban subdivision; highway commercial strip S: Larimer County C, FA; large lot sub; 2 lots converted to commercial E: Larimer County C; high co ci, 'p W: Larimer County R2, F an b vi n, p rted living facility The property was annexed into Cyty Fo o ns as the iman First Annexation on June 7, 1988. The main considerations in staff support for this request are: The request is to simply revert back to Commercial zoning, which has previouslybeen found appropriate. ITEM NUMBER: 22 A-B AGENDA ITEM SUMMARY I DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Front Range Second Rezoning and Structure Plan Amendment. RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. The Planning and Zoning Board, at its regular monthly meeting on September 21, 2006, voted 7-0 to recommend approval of the Front Range Second Rezoning and Structure Plan Amendment. EXECUTIVE SUMMARY A. Resolution 2006-101 Map. B. Hearing and First Reading of Ordinance No. 157, 2006, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Front Range Second Rezoning. This is a request for a City Structure Plan amendment and rezoning of 45 acres located along the west side of South College Avenue from Trilby Road to Skyway Drive. The 45 acres are part of a larger, 58-acre land area. The current City Structure Plan and zoning map both designate an integrated pattern ofNC, Neighborhood Commercial, and MMN, Medium Density Neighborhood, and C, Commercial Corridor, for this land area. This request would revert the 45-acre subject area to C, Commercial zoning, and thereby consolidate the whole 58-acre area into C, Commercial zoning. (The difference of 13 acres is already zoned Commercial.) Ar VOL APPLICANT: Comm ial Buil g S C. c/o Ivar err/ 7561 South Grant Street, Suite A4 Littleton, CO 80111 AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 12 DATE: October 17, 2006 STAFF: Steve Olt Second Reading of Ordinance No. 157, 2006, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Front Range Second Rezoning. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 157, 2006, unanimously adopted on First Reading on October 3, 2006, rezones 45 acres located along the west side of South College Avenue from Trilby Road to Skyway Drive. This Ordinance reverts the 45-acre subject area to C, Commercial zoning.