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HomeMy WebLinkAboutHELLENIC PLAZA REZONING (635 S. SHIELDS ST.) - 30-05 - REPORTS - FIRST READING (3)No Text <iFT- Y U CITY PARKF7 Uj LD NN ARY N RL TTtIr ED F CSu CSu M CC'E iORT! OR G O 0 LH i #30-05 Hellenic Plaza Rezoning 719/2005 N (635 S. Shields St.) - Type 11 1 inch equals 300 feet A ALSO, Lots 4, 5 and 6, in the C.W. Johnson Subdivision to the City of Fort Collins, Colorado, according to the Plat filed April 13, 1955; EXCEPT portions conveyed by Deeds recorded in Book 1238, Page 537 and Book 1238, Page 538, Larimer County records; ALSO EXCEPT any portion lying in the Right of Way of Shields Street. 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 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 15th day of November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 156, 2005 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 HELLENIC PLAZA 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 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: Section 1. That the Zoning Map adopted byDivision 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "MMN", Medium Density Mixed -Use Neighborhood Zone District, to "CC", Community Commercial Zone District, for the following described property in the City known as the Hellenic Rezoning: Commencing at a point 50 rods South of the Northeast Comer of Section 15, Township 7 North, Range 69 West of the 6th P.M., Thence South 10 rods Thence West 48 rods, Thence North 10 rods, Thence East 48 rods to the POINT OF BEGINNING; EXCEPT that portion platted as the C.W. Johnson Subdivision, according to the Plat filed April 13, 1955; November 15, 2005 -4- Item No. 37 Findings 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: 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. 2. 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. 3. 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. 4. The request to rezone does not satisfy the applicable review criteria of the Section 2.9A (H) of the Land Use Code. ATTACHMENTS Vicinity Map November 15, 2005 -3- Item No. 37 In evaluating the rezoning request, staff is guided by Article 2, Sections 2.9.4(H)(2) and (3). 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 and amendment to the Zoning Map shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment is consistent with the City's Comprehensive Plan. West Central Neighborhoods 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. 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. November 15, 2005 -2- Item No. 37 BACKGROUND 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. 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. 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 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. The requested zoning for this property is the CC - Community Commercial District. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan, presently suggests that Medium Density Mixed -Use Residential is appropriate in this location. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 37 DATE: November 15, 2005 STAFF: Steve Olt First Reading of Ordinance No. 156, 2005, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Hellenic Plaza Rezoning. RECOMMENDATION Staff recommends denial of the requested rezoning. The Planning and Zoning Board voted 6 - 0 to recommend denial of the requested rezoning. EXECUTIVE SUMMARY This 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 Petition. Therefore, the rezoning request does not comply with City Structure Plan and the West Central Neighborhoods Plan. 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 On October 4, 2005, Council considered and denied this rezoning request. At the request of the applicant, who was not present at the hearing on October 4, Council, at its October 18 meeting, voted to rescind its October 4 decision and scheduled anew hearing at this meeting.