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Home My WebLink AboutNORTH COLLEGE AVE. REZONE - 21-99 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSDivision 4.10, Public Open Lands District Division 4.10 DIVISION 4.10 PUBLIC OPEN LANDS DISTRICT (P-O-L) (A) Purpose. The Public Open Lands District is for large publicly owned parks and open lands which have a community -wide emphasis or othe characteristics which warrant inclusion under this separate designate rather than inclusion in an adjoining neighborhood or other Dist 'ct designation. (B) Permitted Uses. (1) The following uses are permitted in the P-O-L District, subject to Building Permit review, provided that such uses are located on lots that are part of an approved site -specific development plan: (a) Accessory/Miscellaneous Uses: Accessory buildings. 2. Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi -family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. Article 4, Page 63 Supp. 4 JUSTIFICATION FOR "NORTH COLLEGE" REZONE REQUEST August 13, 1999 Section 2.9.4(H) of the Fort Collins Land Use Code specifies a list of criterion that must be satisfied, and another list of criterion that may be considered by the Planning and Zoning Board and the City Council before a recommendation of approval is warranted. The following information addresses these criterion. 1) Must be satisfied — the proposed amendment must be consistent with the City's Comprehensive Plan and/or warranted by changed conditions within the neighborhood surrounding and including the subject property. The proposed amendment fixes a staff error, and brings the site into compliance with the City's Comprehensive Plan. The structure plan identifies the site as "Poudre River Corridor," which is consistent with a "Community Commercial, River" (CCR) zoning designation. 2) May be considered — 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. The proposed amendment is the logical extension of a finger of the CCR zoning district to the north. 3) May be considered — the extend 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 functioning of the environment. The proposed amendment has no significant adverse impacts on the natural environment. 4) May be considered — the extent to which the proposed amendment would result in a logical and orderly development pattern. As stated in the response #2 above, the proposed amendment is the logical extension of a finger of the CCR zoning district to the north. 9.82 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF- WAY LINE OF CHERRY STREET; THENCE, N 89° 59' 32" E 297.50 FEET ALONG SAID NORTH RIGHT-OF-WAY OF CHERRY STREET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH COLLEGE AVENUE ( AKA US 287); THENCE, N 000 03' 55" E 500.17 FEET ALONG SAID WEST RIGHT -OF WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. CONTAINING 2.8 ACRES MORE OR LESS. Reason for Request: The property was zoned incorrectly as Public Open Lands (POL) in 1997 due to staff error. A listing of names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezoning has been included in this submittal. Section 2.9.3(A) of the Fort Collins Land Use Code allows an amendment to the Zoning Map to be proposed by the "Director." Respectfully submitted, 7 zl� � C/ Bob Blanchard, Director of Current Planning City of Fort Collins, Colorado A Municipal Corporation PO Box 580 Fort Collins, CO 80522-0580 State of Colorado) ) ss. County of Larimer) The forgoing instrument was acknowledged before me this 13 day of 1999. By for the purpose therein set forth. My commission expires CITY OF FORT COLLINS REZONING PETITION Petitioner: The City of Fort Collins Owners: The City of Fort Collins The Missouri Improvement Company Jack Hibier Union Pacific Railroad To the City Council of the City of Fort Collins, Colorado. I the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel, containing 2.8 acres, more or less, from Public Open Lands (POL) zoning district to Community Commercial River (CCR) zoning district. Legal Description A TRACT OF LAND BEING A PORTION OF BLOCKS 24,25 AND 26 CITY OF FORT COLLINS SITUATE IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 11 AS BEARING N 000 03' 55" E WITH ALL BEARINGS HEREIN REAL-TIME THERETO IS CONTAINED WITHIN THE BOUNDARY LINES: COMMENCING AT THE NORTHEAST QUARTER CORNER OF SAID SECTION 11; THENCE, S 000 03' 55" W 908.74 FEET; THENCE, N 890 56' 05" W 60.04 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89' 31' 20" W 149.77 FEET ALONG THE NORTH LINE OF THE JACKSON HIBLER PROPERTY TO A POINT OF INTERSECTION WITH WEST LINE OF THE UNION PACIFIC RAILROAD PROPERTY; THENCE N 000 12' 53" W 522.76 FEET ALONG THE RAILROAD PROPERTY TO THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE, N 680 09' 08" W 52.64 FEET ALONG THE NORTH LINE OF THE MISSOURI IMPROVEMENT COMPANY; THENCE, S 00' 05' 28" W 743.10 FEET ALONG THE WEST LINE OF SAID MISSOURI IMPROVEMENT COMPANY PARCEL; THENCE, N 90' 00' 00" E 52.75 FEET ALONG THE SOUTH LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY; THENCE, S 000 17' 16" W 117.48 FEET ALONG THE WEST SIDE OF PROPERTY OWNED BY THE CITY OF FORT COLLINS; THENCE, S 44' 07' 41" E 48.12 FEET TO A POINT OF INTERSECTION WITH A SECOND PROPERTY OWNED BY THE MISSOURI IMPROVEMENT COMPANY; THENCE, S 560 39' 41" W 103.79 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY; THENCE, S 000 03' 55" W 2.10 FEET ALONG THE WESTERLY LINE OF SAID MISSOURI IMPROVEMENT COMPANY PROPERTY TO A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF 130 42' 54", A RADIUS OF 521.44 FEET, AN ARC LENGTH OF 124.82 FEET AND A CHORD WHICH BEARS S 490 52' 00" W 124.52 FEET ALSO BEING ALONG; THENCE, S 000 03' 55" W � M�Mmmmmmm M�iriW� North College Rezone, File #21-99 September 16, 1999 P & Z Meeting Page 5 logical and orderly development pattern provided by the site's proximity to College Avenue and Cherry Street. FINDINGS OF FACT/CONCLUSIONS After reviewing the Rigden Farm, Filing 1, Project Development Plan, #56-98C, staff makes the following findings of fact and conclusions: 1. The North College Rezone, File #21-99 is consistent with the City's Comprehensive Plan. 2. The proposed rezoning is compatible with existing and proposed uses surrounding the subject land. 3. The proposed zoning district is appropriate for this property. 4. The proposed rezoning will not result in significantly adverse impacts on the natural environment. 5. The proposed rezoning results in a logical and orderly development pattern. 6. The proposed rezoning corrects an error that was made when the property was inappropriately rezoned in March, 1997. RECOMMENDATION: Staff recommends approval of the North College Rezone, File #21-99. North College Rezone, File #21-99 September 16, 1999 P & Z Meeting Page 4 stormwater management, wildlife, vegetation, wetlands and the natural environment' (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." 6. Analysis a. Is the request consistent with the City's Comprehensive Plan? The property is identified as "Poudre River Corridor" on the Structure Plan Map. The CCR — Community Commercial. River zoning district is consistent with this Structure Plan designation. b. Is the rezone request compatible with existing and proposed uses surrounding the subject land and is it the appropriate zone district for the land? The requested zoning is compatible with all existing land uses. Residential and public park uses exist to the west. Vacant land zoned CCR is located to the north. Existing retail and a vehicle service shop exist across College Avenue to the east. An existing fast food establishment and vacant land zoned D exist to the south. The property is a logical extension of an existing piece of the CCR zoning district. Moderate intensity uses that are supportive of downtown would be compatible with the existing surrounding land uses. Based on the purpose stated in the LUC for the CCR zoning district, moderate intensity uses that are supportive of downtown would be appropriate uses for CCR land. c. Will the rezoning result in significantly adverse impacts on the natural environment? There are no significant environmentally sensitive areas associated with the subject property. The property, though near the Cache La Poudre River, is out of the floodplain and not part of any wildlife corridor. There are no wetlands on the site. Current air quality and noise levels along college avenue would not change significantly as a result of any development that would be allowed due to this rezone. d. Will the rezoning result in a logical and orderly development pattern? This property is located within the existing developed area of the City of Fort Collins, and should it develop, would be able to utilize the existing North College Rezone, File #21-99 September 16, 1999 P & Z Meeting Page 3 4. Provisions of the CCR — Community Commercial, River Zoning District The purpose of the CCR zoning district (Section 4.16 of the Land Use Code) is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage to provide locations for redevelopment or development of moderate intensity uses that are supportive of Downtown, subject to floodplain restrictions, and shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown. Rezoning the property to CCR would extend the CCR district that exists to the north. The current land use and ownership of the proposed rezone site are consistent with the purposes of the CCR zoning district. 5. Land Use Code Criteria For Rezoning Section 2.8.4[H][2] of the Land Use Code outlines mandatory requirements for quasi-judicial rezonings. This section states: "Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property." In addition, Section 2.8.4[H][3] outlines additional considerations for quasi-judicial rezonings: "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 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 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, North College Rezone, File #21-99 September 16, 1999 P & Z Meeting Page 2 COMMENTS: Background: The surrounding zoning and land uses are as follows: N: CCR; Vacant land, the Cache La Poudre River, railroad tracks, a railroad bridge over the river, S: D; Cherry Street, railroad tracks, existing fast-food restaurant, vacant land, E: RDR; existing retail establishment, existing vehicle servicing shop, POL; College Avenue, the old Power Plant, railroad tracks, Northside Azatlan Community Center, W: POL; Lee Martinez Park LMN; Martinez PUD residential development (under construction). The property is located in blocks 24 and 25 of the original City of Fort Collins which was platted in January, 1873. 2. Petition For Rezoning The applicant, the City of Fort Collins, filed a rezone petition with the city on August 13, 1999. The applicant is requesting a rezone from POL — Public Open Lands to CCR — Community Commercial, Poudre River District. 3. Provisions of the POL — Public Open Lands Zoning District The purpose of the POL Zoning District (Section 4.10 of the Land Use Code) is for large publicly owned parks and open lands which have a community -wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation. The property was zoned in 1997 as POL in error. The existing site is partially publicly owned, and partially owned. The privately owned portion of the site cannot be POL by definition. The portion of the site which is publicly owned specifically has no community -wide emphasis that would warrant it to be included in the POL zone. ITEM NO. 5 MEETING DATE 9/16/99 STAFF Troy Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: North College Rezone, #21-99 APPLICANT: The City of Fort Collins, Colorado A Municipal Corporation P.O. Box 580 Fort Collins, CO 80522-0580 OWNERS: The City of Fort Collins The Missouri Improvement Company Jack Hibler Union Pacific Railroad PROJECT DESCRIPTION: This is a request to rezone approximately 2.8 acres of property located on the northwest corner of Cherry Street and College Avenue. The current zoning is POL — Public Open Lands. The property was zoned incorrectly in 1997. The requested zoning is CCR — Community Commercial, Poudre River District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: 1. The North College Rezone, File #21-99 is consistent with the City's Comprehensive Plan. 2. The proposed rezoning to CCR — Community Commercial, Poudre River District is compatible with existing and proposed uses surrounding the subject land. 3. The proposed zoning district is appropriate for this property. 4. The proposed rezoning will not result in significantly adverse impacts on the natural environment. 5. The proposed rezoning results in a logical and orderly development pattern. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT