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Home My WebLink AboutHELLENIC PLAZA REZONING (635 S. SHIELDS ST.) - 30-05 - REPORTS - RECOMMENDATION/REPORTHellenic Plaza Rezoning Request, #30-05 September 15, 2005 P & Z Meeting Page 5 C. The subject property for the Hellenic Plaza Rezoning is designated on City Structure Plan as "Medium Density Mixed -Use Residential'. The request to rezone the property to CC - Community Commercial, therefore, does not comply with the City Structure Plan. D. The request to rezone does not satisfy the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. RECOMMENDATION: Staff recommends denial of the Hellenic Plaza Rezoning, Amendment to the Zoning Map from MMN — Medium Density Mixed -Use Neighborhood to CC - Community Commercial, and Recommendation to City Council - #30-05. Hellenic Plaza Rezoning Request, #30-05 September 15, 2005 P & Z Meeting Page 4 3. Structure Plan: The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Medium Density Mixed -Use Residential." Therefore, the request for CC - Community Commercial zoning is not in compliance with the City Structure Plan. 4. Request for MMN Zoning — Section 2.9.4 (H): The request to rezone the 1.267 acre parcel is considered a quasi-judicial action since the parcel is less than 640 acres. The requested rezoning shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment satisfies the following criterion: Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As previously mentioned, the parcel is designated as "Medium Density Mixed - Use Residential" on the City Structure Plan, which does not match the requested zone district of CC - Community Commercial. Therefore, the request does not comply with this criterion. 5. Findings of Fact: In evaluating the request for the Hellenic Plaza Rezoning, Amendment to the Zoning Map from MMN — Medium Density Mixed -Use Neighborhood to CC - Community Commercial, Recommendation to City Council, Staff makes the following findings of fact: A. With the City Plan rezoning in March of 1997, in order to implement City Plan and Land Use Code, the 1.267 acre property now being considered for rezoning was placed in the CC — Community Commercial District. In March, 1999, in accordance with the adoption of the West Central Neighborhoods Plan, the property was rezoned MMN - Medium Density Mixed -Use Neighborhood. B. The requested rezoning of the property from MMN - Medium Density Mixed -Use Neighborhood to CC - Community Commercial is not in compliance with the adopted West Central Neighborhoods Plan. Hellenic Plaza Rezoning Request, #30-05 September 15, 2005 P & Z Meeting Page 3 permit a coffee and pastry/deli shop (fast food restaurant) as requested on the Rezoning Petition. The property currently contains one vacant building, most recently having been the Sigma Chi Fraternity House. 2. West Central Neiahborhoods Plan: The Land Use and Housing Densities Plan, as part of the West Central Neighborhoods Plan, adopted in March, 1999, identifies this property as Medium Density Mixed -Use. As stated in Policy B1 of the West Central Neighborhoods Plan, under Medium Density Mixed -Use Residential Areas: "Areas currently devoted to, or in the future developed/redeveloped into, higher density and intensity multi -family residential uses including apartment complexes, condominiums, townhomes, fraternity and sorority houses, and other types of group quarters, and mixed -use dwellings (residential units located with non-residential uses, e.g., units on the upper floors of non-residential uses) along with supporting uses such as schools, churches, parks, etc." This section goes on to say that these areas should either retain their current MMN Zoning applied during the City Plan community -wide rezoning effort in March, 1997, or be rezoned from the current CC - Community Commercial to the MMN Zone. As stated in Policy B2 of the West Central Neighborhoods Plan, under Medium Density Mixed -Use Neighborhood District (MMN): "The Medium Density Mixed -Use Neighborhood District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. These neighborhoods form a transition and link between surrounding neighborhoods and commercial areas." This property, being in the MMN District, is north of and in close proximity to the Campus West commercial area in the CC - Community Commercial District. The intent of the West Central Neighborhoods Plan for this area is to revitalize and create a stronger CC zone district to the south of the subject property, in the Campus West area, and discourage the proliferation of commercial uses along the South Shields Street arterial street frontage. At this time the requested rezoning of the property from MMN to CC is not in compliance with the adopted West Central Neighborhoods Plan. Hellenic Plaza Rezoning Request, #30-05 September 15, 2005 P & Z Meeting Page 2 Petition. Therefore, the rezoning request does not comply with City Structure Plan and the West Central Neighborhoods Plan. COMMENTS: 1. Background: A. The surrounding zoning and land uses are as follows N: RL, NCB; Existing single-family residential S: Not Zoned; Existing Colorado State University Alumni Center E: NCL; Existing single-family residential W: MMN; Existing sorority house (Chi Omega) The property was annexed as part of the Delta Eta House Association Annexation in February, 1964, and zoned A (a residential district). The property was rezoned RH - Residential High -Density in 1965 and remained RH until March, 1997. The property was rezoned CC - Community Commercial in March, 1997 with the adoption of the new comprehensive plan, City Plan. The property was rezoned MMN - Medium Density Mixed -Use Neighborhood in March, 1999 with the adoption of the West Central Neighborhoods Plan. The property has not been platted to date. However, it does contain one vacant building, most recently having been the Sigma Chi Fraternity House. B. City Plan Rezoning In March of 1997, in order to implement City Plan and Land Use Code, the 1.267 acre property now being considered for rezoning was placed in the CC — Community Commercial District. In March, 1999, in accordance with the adoption of the West Central Neighborhoods Plan, the property was rezoned MMN - Medium Density Mixed -Use Neighborhood. C. Current Request The applicant, Hellenic Plaza, LLC, c/o Eastpoint Studio, LLC/Don Brookshire, filed a rezoning petition with the City on July 15, 2005. The applicant is requesting a rezoning of 1.267 acres from MMN — Medium Density Mixed -Use Neighborhood to CC - Community Commercial. The MMN District does not ITEM NO. 7 MEETING DATE 9/15/05 iiA STAFF Steve 011tr-- Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Hellenic Plaza Rezoning, Amendment to the Zoning Map from MMN — Medium Density Mixed -Use Neighborhood to CC - Community Commercial, Recommendation to City Council - #30-05 APPLICANT: Eastpoint Studio, LLC c/o Don Brookshire 3207 Kittery Court Fort Collins, CO 80526 OWNER: Hellenic Plaza, LLC P.O. Box 1613 Fort Collins, CO. PROJECT DESCRIPTION: Request to rezone 1.267 acres from MMN - Medium Density Mixed -Use Neighborhood to CC - Community Commercial. The request is for rezoning of a property located at 635 South Shields Street, being the northwest corner of South Shields Street and Birch Street. The property currently contains one vacant building. RECOMMENDATION: Denial EXECUTIVE SUMMARY: The parcel was annexed into the City in February, 1964 and placed in the A — Residential District. It was rezoned RH - residential High -Density in 1965. In March of 1997, in order to implement City Plan and Land Use Code, the 1.267 acre property now being considered for rezoning was placed in the CC — Community Commercial District. In March, 1999, in accordance with the adoption of the West Central Neighborhoods Plan, the property was rezoned MMN - Medium Density Mixed -Use Neighborhood. The MMN District does not permit a coffee and pastry/deli shop (fast food restaurant) as requested on the Rezoning COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT