HomeMy WebLinkAboutCARMIKE THEATRE REZONE - 14-99 - SUBMITTAL DOCUMENTS - ROUND 1 - REZONING RELATED DOCUMENTNorth: Auto one at the corner of Horsetooth Road and Manhattan
Avenue, two proposed residential developments on the north side
of Horsetooth Road - Warren Farm, 1 5 1 small -lot single family
lots on 27.8 acres, and The Preserve at the Meadows, 210 multi-
family units on 12 acres.
East: Bowling alley, grocery store, gas station, personal service shops,
retail stores and restaurants
The permitted uses in the Neighborhood Commercial (N-C) zone more closely
match the existing and proposed uses of the surrounding properties, and would
result in less of a contrast or conflict with the adjacent existing single-family uses
than the permitted uses in the Commercial (C) zone. In particular, development
of the Property as an expansion of the Carmike Theatres with parking,
landscaping and berming along Manhattan Avenue would provide a softer, less
abrupt edge to the development than would be possible with four Commercial
uses fronting on Manhattan Avenue.
The rezoning will not result in significant adverse impacts on the natural environment or
the functioning of the natural environment.
A downzoning from Commercial (C) to Neighborhood Commercial (N-C) will prohibit a
number of uses which would be more likely to impact the natural environment in a negative or
adverse manner. The allowed uses in the N-C zone are generally considered less intensive, of a
more neighborhood scale, and more likely to co -exist compatibly with the environment. More
specifically, the existing Carmike Theatres use already meets the City's objectives for the
protection of the natural environment. It is not anticipated that the expansion of the use will
jeopardize that compliance or that it will impact the environment in any way that could be
considered adverse. The irrigation ditch on the east edge of the Property, which serves as a
habitat for wildlife including ducks and geese, will not be encroached upon or disturbed by the
expansion of the theater use. The increase in storm run-off will be accommodated by the
enlargement of the existing storm water detention facility on -site. Any visual impact will be
softened by the use of down -directional lighting and generous berming and landscaping.
The rezoning will result in a logical and orderly development pattern.
Rezoning of the Property to the Neighborhood Commercial (N-C) zone will insure
development of the Property in a manner that more logically and orderly transitions from the
adjacent commercial uses to the existing residential neighborhoods. Expansion of the existing
theater use will simply complete development of the four undeveloped lots in a manner
consistent with the current development. This is an in -fill project that will not introduce any new
or different use.
Having met the standards for quasi-judicial rezonings under Section 2.9.4(H) of the Land
Use Code, the Applicant requests that the Property be rezoned Neighborhood Commercial (N-C).
(4)
If one were to disregard the lines of division between the various zoning districts,
the General vicinity of the Property closely resembles the description of the
Neighborhood Commercial (N-C) district found at Land Use Code Division
4.19(A):
"The Neighborhood Commercial District is intended to be a mixed -use
commercial core are anchored by a supermarket or grocery store and a transit
stop. The main purpose of this District is to meet consumer demands for
frequently needed goods and services, with an emphasis on serving the
surrounding residential neighborhoods typically including a medium -density
mixed use neighborhood. In addition to retail and service uses, the District may
include neighborhood -oriented uses such as schools, employment, day care, parks,
small civic facilities, as well as residential uses."
The Neighborhood Commercial (N-C) zone is appropriate for this Property
because many of the uses specifically permitted in the N-C zone already exist
within a two to three block radius of the Property subject to this Rezoning
Petition. Those uses include: Albertson, Total service station, Horsetooth Lanes,
Toyko Bowl & Grill, Zuka Juice, Famous Footwear, Subway, a furniture store,
dry cleaners, tanning salon and liquor store, among others.
The City's position as to the appropriate location of entertainment facilities and
theaters has changed. In March 1998, the City Council declined to add theaters as
a permitted use in the Commercial (C) zoning district, relying in part on a March
11, 1998 Memorandum from City Planner Timothy Wilder which stated:
"... during the City Plan development process, staff and the consultants
recognized that theaters should play an important role in the function and
character of community and neighborhood centers envisioned by City Plan.
Theaters were to serve as an anchor in a mix of restaurants, shops and civic uses
in a walkable, lively community destination - day, evening or night.... By
allowing new theaters in this district, the opportunity for gaining theaters in
community and neighhorhood centers would be lessened."
Because of its proximity to the mix of uses in the Horsetooth
Road/McClelland./Mason Street area, and because it is located within walking or
biking distance of thousands of homes, this Property is well -suited for rezoning to
the Neighborhood Commercial (N-C) zone to allow expansion of the existing
theater use.
(5) The -existing and proposed uses surrounding the Property consist of the following:
South: Apartments, townhomes and single family residences.
West: Single family residences - the third phase of Park South PUD
consisting of 79 homes is under construction.
An evolution in the motion picture exhibition industry toward larger, multi -screen
theaters with stadium seating, digital sound and other customer amenities has resulted in the
demise of smaller theaters. It is obvious that this evolution is also occurring in Fort Collins
given the success of the Carmike Theatres and the recent or pending closure of virtually all
smaller theaters. Exhibitors are no longer building theaters with less than 12 screens: the new
breed of theaters offers greater customer experiences and satisfaction. and cost efficiency,
reduced risk and increased profits to theater operators. It would be consistent with the City's
vision for sustainable, long-term economic health to recognize this evolution in the entertainment
industry and approve this Rezoning Petition. If the Applicant is unable to update. renovate and
expand the existing Carmike Theatres to stay abreast of the changing demands of movie-goers.
the theater could become obsolete.
The rezoning will be compatible with existing and proposed uses surrounding the Property
and is the appropriate zoning district for the Property.
Neighborhood Commercial (N-C) zoning is more appropriate for the Property than the
current zoning of Commercial (C) for the following reasons:
(1) A review of the City Structure Map and Zoning Map shows that this area of
Commercial (C) zoning, which consists only of the Auto Zone property and the
five lots that are the subject of this Rezoning Petition, is actually a small westward
extension of the 3 '/z mile long College Avenue Commercial corridor. This small
area is different from the majority of properties in this huge Commercial corridor
in that it's primary access is not taken from a major arterial or frontage road, but
from a two-lane neighborhood collector street. Also, the majority of the
commercial properties in the Commercial corridor are buffered from nearby
residential development either by the physical separation of the railroad tracks,
employment or mixed -use residential areas, or mid -block boundaries between
commercial and residential development. This small area is directly across a
neighborhood collector street from low density residential development with no
functional buffer or transitional use in between.
(2) The Commercial (C) zoning district would permit a wide range of predominantly
auto -related and auto -oriented uses that are less compatible with single-family
homes, especially in light of the fact that there is no opportunity for buffering.
Such uses include: standard and fast food restaurants; convenience stores;
gasoline stations; retail stores; vehicle repair, servicing and maintenance;
equipment and vehicle rental; hotels and motels; drive-in restaurants; and outdoor
storage. If the four vacant lots were developed separately, it would be possible to
have four of these less compatible uses across the street from single-family
homes. Each of these uses would become another destination point, potentially
generating more regular traffic for longer hours each day than a theater. Also of
concern is the fact that buildings of up to four stories in height are permitted in the
Commercial (C) zone.
11
Attachment to
CARMIKE THEATRES REZONING PETITION
Justification for Rezoning Petition
AP Consolidated Theatres II Limited Partnership (the "Applicant") is the owner of five
lots in the Park South Commercial Plaza Minor Subdivision at the southeast corner of Horsetooth
Road and Manhattan Avenue (the "Property"). The Applicant built a 10-screen Carmike
Theatres on Lot 1 in 1994, and now desires to convert the theater to stadium seating and add
eight additional screens by expanding the existing building onto the adjacent lots.
The Property was located in the H-B Highway Business zoning district, where indoor
theaters were uses -by -right, under the pre -City Plan zoning regulations. The H-B zone was
eliminated with the adoption of City Plan and the Property was rezoned into the Commercial (C)
zoning district. Although the Commercial (C) zone permits an almost identical list of uses,
theaters was specifically not included as a permitted use, in an attempt to encourage the location
of future theaters near neighborhoods. Because the Carmike Theatres is considered an existing
limited permitted use under Division 1.6 of the Land Use Code, and because the zoning of the
four remaining lots does not permit theaters, the Applicant seeks to rezone all five lots to
Neighborhood Commercial (N-C) to accommodate its renovation and expansion. In support of
its petition, the Applicant submits the following:
The rezoning is consistent with the City's Comprehensive Plan.
The underlying themes and purposes of the City's Community Vision and Goals,
Structure Plan and Principles and Policies, reflect the desire of the community to have a
compact land use pattern consisting of a series of functional districts and activity centers to
provide for the employment, service, civic and social needs of its citizens which are linked to
residential neighborhoods by safe and efficient access by all modes of travel, while protecting the
desirable attributes of our community. The rezoning of the Property to allow for the expansion
of an existing entertainment use in a transitional location between the existing
commercial/service district and existing residential development will advance this overall vision
and, more specifically, will be consistent with the following Principles and Policies:
LU-1
NOL-1.2
LU-1.1
GM-5
T-1.1
GM-6.1
T-2.2
AN- 1.1
T-4.1
LMN-2.2
T-5.1
MMN-3
HSG-1.1
MMN-3.1
ENV-5.1
MMN-3.2
ENV-7
MMN-3.7