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Home My WebLink AboutGOOD SAMARITAN VILLAGE - REZONING - 27-96D - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSAN VILLAGE R OE SECTION 11, wavrt��f ?F- THE 6th P.M. STATE OF COLORADO. Legal Description A portion of the Southeast Quarter of Section 11, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Lorimer, State of Colorado being more particularly described as follows: Beginning at the South One Quarter Corner of said Section 11; said point also being the Southeast Corner of Fossil Crest Subdivision First Filing according to the plat on file in the office of the Clerk and Recorder said County, thence along the East line of said Fossil Crest Subdivision First Filing North 00'56'00" West 30.00 feet to the TRUE POINT OF BEGINNING; being a point on the North line of Timan First Annexation according to the plot on file in the office of the Clerk and Recorder said County, said point also being a point on the North right—of—way line of Trilby Rood; thence continuing along the East line of said Fossil Crest Subdivision First Filing North 00'56'00" West 960.24 feet .to the Southwest Corner of Skyview South Second Filing according to the plat on file in the office of the Clerk and Recorder, said County; thence departing the East line of said Fossil Crest Subdivision First Filing and along the South line of said Skyview South Second Filing North 88'37'00" East 520.00 feet to the Southeast Corner of said Skyview South Second Filing; said point also being a corner on Skyview South First Filing according to the plat on file in the office of the Clerk and Recorder; said County, thence along the South line of said Skyview South First Filing and its Easterly prolongation North 88'37'00 East 170.00 feet to a point on the East right—of—way line of Constellation _.Drive; thence along East right—of—way line and its Southerly prolongation South 00'56'00" East 960.24 feet to a' pantR x ; on the North line of said Timan First Annexation; thence along said North line and departing the East right—of—way line of Constellation Drive South 88'37'00" West 690.00 feet to the TRUE..'cF POINT OF BEGINNING. Containing 662,546 sq. ft. or 15.210 aces more or less. APPROVED This plat to be known as the Ft. Collins Good Samaritan Village Annexation to the Gty:of Ft. r : Collins, Colorado, is approved and accepted for annexation to the City of Ft. Collins,'CountyRof; d r Lanmer, State of Colorado by Ordinance, No.,passed and ado t on the frnof reodgpl` ,- y o egul�d�� ting . of, the. City ,of..Ft.,..Collins; Colorodo'l held -'on> the ��+TM� t' , ict �� `r No Text VICINITY MAP Good Samaritan Village Proposed Rezoning 09/08/97 N 1"=1000' Good Samaritan Village Rezoning, #55-95E October 16, 1997 Page 4 Development Plans (PDPs). In the future, additional neighborhood meetings will be held for future PDPs. In addition, letters were mailed to affected property -owners informing them of the Board's consideration of the rezoning request. FINDINGS OF FACT/CONCLUSION: The subject property was placed into the LMN Zone by mistake. If the owners had been aware of the implication of the LMN Zone on their development proposal, they would have objected and been placed on the rezoning issue areas list. 2. The MMN Zone recognizes the existing multi -family complex and the multi -family nature of the property and would require an amendment to the City Structure Plan map in order to be consistent with the City's Comprehensive Plan. Designating the area as a medium -density mixed -use residential neighborhood is an appropriate change to be made to the City Structure Plan map. RECOMMENDATION: Staff recommends approval of the MMN Zoning District. Staff also recommends an amendment to the City Structure Plan map changing the area from a low -density mixed use neighborhood designation and depicting the area as a medium -density mixed -use neighborhood. Good Samaritan Village Rezoning, #55-95E October 16, 1997 Page 3 The surrounding zoning and land uses are as follows: N: R, Residential (County), Skyview Subdivision S: R-L, Low Density Residential, Ridgewood Hills PUD E: R, Residential (County), Skyview Subdivision W: FA-1, Farming (County), large lot residential development This property was annexed into the City as part of the Good Samaritan Village Annexation in November 1996, and was placed into the R-L-P, Low Density Planned Residential, Zoning District, with a PUD condition. The R-L-P Zone was for areas planned as a unit to provide variation in use, density, and building placement. The PUD condition required all development proposals to be submitted and reviewed against the criteria of the Land Development Guidance System (LDGS). Rezoning: The placement of the MMN Zone on the property would actually recognize the current use and nature of the subject property. The Good Samaritan facility is a multi -story apartment complex. While the City Structure Plan map is the basis for most of the zoning districts in the city, there are several examples where the MMN Zone was placed on properties in recognition of their current use even though the Structure Plan designated the properties as components of low -density mixed -use neighborhoods. For example, the multi -family uses south and west of Rocky Mountain High School have been placed into the MMN Zone although the area is shown as a low -density mixed -use neighborhood. Likewise, the Woodlands Apartments at the northeast corner of Shields Street and Harmony Road are zoned MMN while the site is depicted as low -density mixed -use neighborhood on the Structure Plan. There are also examples of multi -family uses being designated as medium - density mixed -use residential neighborhoods and being placed in the MMN Zone. The Parkwood East Apartments being one example, and the Oakbrook Apartments I & II and Windmill Apartments being another. It is, perhaps, appropriate for existing multi -family housing areas to be depicted as medium -density neighborhoods on the Structure Plan. Thus, essentially, staff is indicating that the placement of the LMN Zone on the subject property was a mistake which should be corrected to the MMN Zone. A change should also be made to the City Structure Plan depicting the area as a medium -density mixed -use residential neighborhood. NEIGHBORHOOD MEETING: Neighborhood meetings have not been conducted in conjunction with the proposal to amend the zoning from LMN to MMN. However, neighborhood meetings have been held allowing adjacent property -owners and residents to comment on the specific Project Good Samaritan Village Rezoning, #55-95E October 16, 1997 Page 2 COMMENTS Background: ound: On February 18, 1997, the City Council began the final steps to complete a two-year long process to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the Community Vision and Goals 2015 document, the City Structure Plan map, and the City Plan Principles and Policies document as the three major elements of the new City Plan. On March 18, 1997, the process continued as the Council adopted Resolution 97-44, amending the City Structure Plan map, and the passage of Ordinance No. 51, 1997, and Ordinance No. 52, 1997, codifying a new Land Use Code and a new Zoning Map, respectively. The City Structure Plan map was initially adopted in November 1996. In the period between November 1996, and March 1997, the new Zoning Map was developed. The development of the Zoning Map caused a reevaluation of the Structure Plan map and resulted in over 40 changes, which, as indicated, were approved by the Council in March. In addition, at the time of the adoption of Ordinances No. 51 and 52, 1997, approximately 27 rezoning issue areas had been identified where either the property -owner and/or the adjacent property -owners and residents did not agree with staff's recommendation for the zoning of an area or a piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a rezoning process to be completed after adoption of the ordinances. The process would look again at the City Structure Plan and potential zoning designation. While this property was not identified as one of the March 1997 issue areas, it is staffs opinion that it should be treated as one and, thus, should be considered a continuation of rezoning process of March 1997, establishing zoning for City Plan. In the latter part of 1996, the property -owner started meeting with City staff and initiated the planning process to construct additional facilities and multi -family housing units on the subject property. Given initial positive comments and support from staff regarding their proposal, the property -owner never expected the City Plan rezoning of the property to change the zoning in a manner which would not allow a portion of their proposed project to proceed. The property -owner, thus, did not comment on nor object to the proposed LMN Zone for their property prior to its placement, if they had, it would have been added to the issue areas list. It was not until after March 1997, when Project Development Plan (PDP) submitals were being prepare that the zoning issues surfaced. Staff conducted several meetings with the property -owner exploring all possible avenues to allow the project to proceed. Rezoning the property to MMN is, in staffs opinion, the best option to pursue. ITEM NO. 8 MEETING DATE 10/16/97 STAFF Ken Waido Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Good Samaritan Village Rezoning, #55-95, E. APPLICANT: Good Samaritan Village OWNER: Same 508 W. Trilby Road Fort Collins, CO 80526 PROJECT DESCRIPTION: This is a request to rezone approximately 15.2 acres located north of Trilby Road and west of Constellation Drive from the LMN, Low -Density Mixed -Use Neighborhood, Zone to the MMN, Medium -Density Mixed -Use Neighborhood, Zone. RECOMMENDATION: Staff recommends approval of the MMN Zoning District. Staff also recommends approval of a change to the City Structure Plan map designating the area as a medium -density mixed -use residential neighborhood. EXECUTIVE SUMMARY: On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property -owner and/or the adjacent property -owners and residents did not agree with staffs recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a rezoning process to be completed after adoption of the ordinances. The process would look again at the City Structure Plan and potential zoning designation. This property was not identified as one of the March 1997 issue areas but, in staffs opinion, should be treated as one and, thus, should be considered a continuation of rezoning process of March 1997, establishing zoning for City Plan. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT