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HomeMy WebLinkAboutSPRING CREEK MIXED-USE DEVELOPMENT - REZONING - REZ170001 - REPORTS - FIRST READINGCJ u STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001. EXECUTIVE SUMMARY This item is a quasi Judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to amend the City's Zoning Map to adjust the location, size and boundary between two zone districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street. The result of the shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88 acres while the Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains a � corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and the M-M- N zone would be enlarged to 13.13 acres. This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted (6-0) to recommend the rezoning with six conditions. The six conditions have been agreed upon by the applicant and neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg neighborhoods), as well as consultation with staff. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION There is no formal development plan currently in the review process. There is, however, a Concept Plan that is associated with the rezoning that helps to inform all interested parties as to the development potential of the parcel based on the adjusted zone districts. This Concept Plan forms the basis for the staff recommendation and the six recommended conditions of approval. The intent of the rezoning is to facilitate a future mixed-use development that would consist of commercial uses, multi-family apartments and two-family dwellings (duplexes). Adjusting the two zone district boundaries allows for a smaller scale commercial development than the current zoning envisions with a corresponding increase in the residential component of the mixed-use development. The site is undeveloped and vacant. The request to rezone portions of the two zone districts complies with the standards and criteria of Section � 2.9.4(H). In addition, and in compliance with Section 2.9(I), staff is recommending six conditions of approval to mitigate potential impacts and ensure that all aspects of future development comply with the principles and • A�er�t�a ltern 32 Item # 12 Page 1 • policies of the West Central Area Plan and City Plan. Map or Residential Neighborhood Sign District. � � .���.9��� ����' � � There is no need to amend either the Structure Plan On November 16, 2017, the Planning and Zoning Board voted unanimously (6-0) to recommend approval to City Council. 1. Background The surrounding zoning and land uses are as follows: N: M-M-N Multi-Family (Landmark Apartments) S: M-M-N Spring Creek S: M-M-N Hill Pond Townhomes E: R-L Sheely Addition and Wallenberg Neighborhoods W: M-M-N Multi-Family (Foothills Apartments) W: N-C Convenience Center (Spring Creek Plaza) In 1987, Pulse ODP and Final PUD were approved for a health club on the subject site. Pulse ended up not pursuing development and moved to Raintree Village where a subsequent entity maintains a current operation. In conjunction with the 1987 Pulse PUD, the size and.shape of the health club dictated the proposed curved alignment of West Stuart Street (as extended into the site). This alignment, and dedication of public right-of- way, became the basis for the current zone district boundary between N-C and M-M-N. Now, with no large structure to determine the West Stuart Street alignment, the current zone district boundary line is found to be obsolete. 2. Summary of the Review Criteria for Rezoning of Parcels Less Than 640 Acres Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (quasi judicial versus legislative) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: • Consistent with the City's Comprehensive Plan; and/or • Warranted by changed conditions within the neighborhood surrounding and including the subject property. Additional considerations for rezoning parcels less than 640 acres (quasi-judicial): • 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; • Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. • Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. 3. Consistent with the City's Comprehensive Plan A. The parcel is located in the West Central Area Plan an element of the City's comprehensive plan known as City Plan. The WCAP specifically addresses the subject parcel: "Significant New Development or Redevelopment" "Vacant 20-Acre Parcel South of Prospect Road and East of Shields Street." "This site is the largest undeveloped tract in the West Central area and includes two zone districts, Neighborhood Commercial (NC) and Medium Density Mixed-Use Neighborhood (MMN). The NC zone is � � � Item # 12 Page 2 � � �4 �r��a C��rr� fi2 � approximately ten acres in size and acts as the core of the parcel, with exposure along Shields Street. • This area is expected to develop in an urbanized commercial manner. Opportunities exist for dwelling units above commercial space. The MMN zone surrounds the commercial core and is intended to offer a variety of housing options, as well as a land use transition for the Sheely neighborhood to the east. There is potential for a well-designed cohesive development that creatively addresses both the market potential and neighborhood desires for the site." (Page 23.) Neighborhood Character: "LU 1.8 Maintain established, mature neighborhood areas as areas of stability." (Page 31.) "LU 1.9 Provide guidelines to ensure new development is compatible with adjacent neighborhoods." (Page 31.) "LU 1.10 Emphasize and respect the existing heritage and character of neighborhoods through a collaborative design process that allows for a neighborhood dialogue." (Page 33.) "LU 1.11 Encourage a variety of housing fypes so that residents from all socio-economic levels may find suitable housing in the area. • Single family attached should act as a transition to adjacent established neighborhoods; • Housing types should be designed to accommodate a range of tenants over time. • Housing variety is encouraged in order to attract and refain families and allow seniors to age in place. • A diverse mix of occupants contributes to neighborhood stability. • Housing relying solely on four-bedroom units should be discouraged, as a diverse mix of bedrooms per unit provides greater flexibility, serves a broader range of tenants, and may allow an easier � conversion to owner-occupied units should the demand arise." (Page 34.) Taken together, these descriptions and policies establish an expectation that development of this parcel will factor in neighborhood input and achieve compatibility through project design. In addition to the neighborhood information meeting, the applicant and representatives of the Sheely and Wallenberg neighborhoods have engaged in a dialogue to address issues related to the rezoning and potential land development. One result of these discussions is that the placement of two-family dwellings (duplexes) along the eastern portion of the site should be included as a condition to provide a land use transition and contribute to neighborhood compatibility in conjunction with stormwater facilities, landscaping, walkways and trails. Regarding respecting heritage and neighborhood character, proximity to the Sheely Drive Historic Landmark District will require subsequent development to comply with Section 3.4.7 of the Land Use Code - Historic and Cultural Resources. Finally, requiring two distinct housing types as a condition, along with commercial uses, the future project would not be a one-dimensional, student-oriented apartment complex. In order to implement W.C.A.P. policies LU 1.8 - LU 1.11, staff recommends condition number one that any future development plan must include a housing type that offers variety besides multi-family dwellings and promotes neighborhood compatibility (two-family dwellings in this case). Further, in order to minimize the impacts associated with relying on the business model that calls for rent-by-the bedroom, which often results in four-bedroom units or greater, and tends to narrow the market served by the housing, staff recommends condition number two. Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this request, must include two-family dwellings along the entire eastern perimeter forming a buffer and transition between any multi-family buildings and houses in the adjoining neighborhoods as generally indicated on the applicanYs Concept Plan (applicanYs exhibit 6) with exceptions made for stormwater facilities, private parks, landscaping and walkways. � Item # 12 Page 3 � � �.���;�i�� ���s�7 "� � Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this request, must not contain any dwelling units that feature the rent-by-the-bedroom • leasing model. B. City Plan - Design Principles and Policies for Existing Neighborhoods: `Principle LlV 26: Neighborhood Stability should be maintained and enhanced. Most existing residential developments will remain largely unaffected by these Principles and Policies." (Page 77.) The request to adjust the location, size and boundary between finro zone districts results in a reduction in the size of the N-C zone by 2.88 acre. Also, the location of the N-C zone, in terms of transitioning land use intensity, is being shifted slightly further away from the neighborhoods to the east. C. City Plan - Medium Density Mixed-Use Neighborhoods: "Purpose: Medium Density Mixed-Use Neighborhoods are intended to function together with surrounding Low Densify Mixed-Use Neighborhoods and a centrally located Neighborhood or Community Commercial District, providing a more gradual transition in development intensity and use." (Page 80.) Principal LIV 29: Medium Density Mixed-Use Neighborhoods include a mix of inedium density housing types, providing a transition and link between lower density neighborhoods and a Neighborhood, Community Commercial orEmployment district:" (Page 80.) The request to rezone continues to fulfill this Principle. Because the M-M-N zone district includes permitted uses that are not residential, and in order to promote land use compatibility, and compliance with the applicanYs Concept Plan, staff recommends condition number three. Also, because the purpose and policy for the M-M-N calls for gradual transitions versus mid-rise apartment buildings, staff recommends establishing a maximum number of multi-family dwelling units as condition number four. � Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and enlarged to 13.13 acres by this request, shall be limited to residential permitted uses and accessory uses only. Condition Number Four: The maximum number of multi-family dwelling units shall be 365. D. City Plan - Medium Density Mixed-Use Neighborhoods: "Principal LIV 29-3: Neighborhood or Commercial District. Integrate the design of a Medium Density Mixed- Use Neighborhood with a Neighborhood Commercial or Community Commercial District. Residents should be able to easily get to the Commercial District without the need to use an arterial street." (Page 80.) The request continues to promote this Principle. A street connection between the two neighborhoods to the east and the subject parcel is precluded by decisions made in the late 1970's and early 1980's which specifically called for not connecting Hobbit Street to Farm Tree Road, later renamed to Wallenberg Drive. Instead, the connection linking the neighborhoods to the proposed N-C zone is made by the existing bike trail system along the Canal Importation Basin Channel and Spring Creek and proposed connections anticipated with future development. E. City Plan - Medium Density Mixed-Use Neighborhoods: "Principle LlV 29-5: Transitions. Encourage non-residenfial uses and larger buildings of attached and multiple- family housing near the commercial core, with a transition to smaller buildings, such as duplex and detached houses, closer to surrounding lower density neighborhoods. "(Page 80. ) � Item # 12 Page 4 � � A ��ada �f��n 12 � The request continues to promote this Principle. As noted, two family dwellings (duplexes) must be placed � along the eastern edge of the parcel per Condition Number One. In order to implement this principle in this location, staff recommends Condition Number Five. Condition Number Five. The maximum allowable building height of the two-family dwellings shall be two stories. F. City Plan - Neighborhood Commercial Districts: Principle LIV 36: Neighborhood Commercial Districts will provide everyday goods and services for nearby residents, and will be pedestrian-oriented places that serve as foca! points for the surrounding neighborhoods." (Page 89.) While the shifted N-C zone will be slightly further away from the single family neighborhoods to the east, it will remain within one-quarter mile (acknowledged to be a comfortable walking distance) of existing residential neighborhoods including portions of the Shelly and Wallenberg neighborhoods as well as neighborhoods to the north, south and west. G. City Plan - Neighborhood Commercial Districts: `Policy LIV 36.1: Mix of Uses. Neighborhood Commercial Districts may include a mix of neighborhood serving uses, as follows: • Principal uses: Grocery store, supermarket, or other type of anchor, such as a drugstore. • Supporting uses: Retail, professional office, day care (adult and child) along with live-work and residential units, civic/institutional uses, pocket parks, and other outdoor gathering spaces and othe� supporting uses." (Page 89.) � This policy is the basis for the list of permitted uses allowed in the N-C zone as found in Section 4.23 of the Land Use Code. In order to allow for a mix of intended primary and supporting uses, but not at the expense of the primary uses, the Code sets a limit on the extent of residential uses, up to 30%, for parcels larger than five acres (Section 4.23(D)(2) - Secondary Uses.) The rezone would result in a parcel of 6.42 acres which, theoretically, could consist of 30%, or 1.9 acres, of residential uses. Per the N-C zone district permitted use list, a variety of residential uses are permitted ranging from single family detached up to multi-family. StafF is concerned that allowing up to a maximum of 30% residential uses in combination with the overall effect of the rezoning, would dilute the primary purpose of the N-C zone district. This concern is amplified given the proximity of 13.13 acres of M-M-N zoning which could be increased by 1.9 acres in the N-C zone. In order to ensure that the Concept Plan results in a mixed-use development consistent with Citv Plan Principles and Policies, Staff recommends condition number six: Condition Number Six: Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres by this request, shall be limited to the primary and supporting uses as envisioned by Principle LIV 36.1 of City Plan and Section 4.23(B) of the Land Use Code, and that residential permitted uses are limited to Accessory Uses, Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use Code. H. City Plan - Neighborhood Commercial Districts: `Policy LIV 36.2: Location. Locate Neighborhood Commercial Districts near Low Densify and Medium Density Mixed-Use Neighborhoods. Access for pedestrians should be a priority." (Page 89.) The adjusted N-C zone will continue to be bordered on three sides by M-M-N zoning. � Item # 12 Page 5 C� I. City Plan - Neighborhood Commercial Districts: � :���,���`'� ����� � :h" "Policy L/V 36.4: Relationship to Surrounding Neighborhoods. lntegrate the Neighborhood Commercial District into the surrounding neighborhood using a connecfed pattern of streets and blocks that contributes to the neighborhood's positive identity and image and allows residents to reach the District without the need to use an arterial street." (Page 89.) As mentioned, the N-C zone lacks a connection between Hobbit Street to Wallenberg Drive which is an existing condition that is not the fault of the applicant. Due to existing natural features and development, extending streets into surrounding neighborhoods is infeasible. Connectivity is provided by other modes with the existing network of trails and public sidewalks. Future development will be required to make connections to this network. J. City Plan - Neighborhood Commercial Districts: `Policy LIV 36.5: Integrate a Transit Stop. Integrate transit stop facilities into the design of the District and directly connecf the transit stop to transportation corridors that serve other districts and the rest of the City." (Page 89.) There is an existing northbound transit stop slightly north of where West Stuart Street tees into Shields Street. With the adjustment in the zone districts, the N-C will continue to be conveniently served by Transfort with direct connections to the West Elizabeth Street Enhanced Travel Corridor and the C.S.U. Transit Center. 4. Warranted by Changed Conditions Within the Neighborhood Surrounding and Including the Subject Property. The applicant has provided documentation that the primary change in condition is that since the zoning was placed on the property in 1997, existing grocery stores and drug stores have been constructed that adequately serve the area. As a result, the market will not support comparable uses as an anchor to a commercial site that is 9.34 acres at this location. These existing stores include: • King Soopers at 2325 South College Avenue • Whole Foods at 2201 South College Avenue • Rite Aid at 1103 West Prospect Road . King Soopers at 1015 South Taft Hill Road In addition to these stores, the applicant has provided an exhibit showing other commercial centers in the area that provide a variety of goods and services. These include: • Spring Creek Plaza (Shields and Stuart) • Fox Center (College and Prospect) • Campus West (Shields and Elizabeth) • Cimarron Plaza (Shields and Drake) • Poudre Valley Plaza (Shields and Horsetooth) • Drake Crossing (Shields and Drake) Staff has evaluated the applicant's justification and agrees that the general area west of South College Avenue is well-served with grocery and other retail stores that were originally intended to anchor the N-C district at the current size of 9.34 acres. It is interesting to note that Steele's Market at the Drake Center is no longer in business. Since 1997, it has become apparent to staff that a grocery store-anchored center is not realistic or feasible from a market perspective within the foreseeable planning timeframe at this location. Staff finds that this negates the reason for the nine-plus acre designation, which was done with the goal of such a center and represents a change in condition over time that justifies the rezoning request. (Please see applicanYs exhibit 3, N-C Zoning Study.) � � � U Item # 12 Page 6 � • :� ��r�� ��er� 12 � 5. 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. As noted, the request only shifts the location, size and boundary of the two existing zones such that the N-C zone is reduced by 2.88 acres and the M-M-N zone is increased by the same amount. The location of the N-C acreage is moved closer to the Stuart Street signalized intersection. Both Spring Creek on the south and the Canal Importation Basin Channel on the east provide effective buffers for the benefit of the existing neighborhoods. The proposed request does not create any additional impact or cause any diminution in compatibility than that which exists under current zoning. Therefore, staff finds that the request is compatible with existing and proposed uses surrounding the subject land and the adjustment to the two zone districts is appropriate. 6. 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, Stormwater Management, Wildlife, Vegetation, Wetlands and the Natural Functioning of the Environment. The Land Use Code contains provisions that protect the natural environment no matter what the underlying zoning may be. In terms of the current request, there is no up-zoning to a more intense Zone district. Therefore, there would be no new permitted uses or any additional adverse impacts on the natural environment that would need to be mitigated in order to comply with the Land Use Code. 7. Whether and the Extent to Which the Proposed Amendment Would Result in a Logical and Orderly Development Pattern. The result of the request shifts the location of the N-C zone to the south closer to the extension of West Stuart Street which i�nproves the access to the commercial center and reduces traffic on Hobbit Street and the internal street system. Also, the size and shape of the M-M-N parcel along the eastern edge is enlarged which � contributes to neighborhood compatibility. Staff finds that the request improves the development pattern on the subject parcel for the benefit of traffic circulation and land use transition between M-M-N and R-L zone district to the east. 8. Conclusion and Findings of Fact A. Within the 19.55 acre parcel, the request to rezone 2.88 acres from N-C, Neighborhood Commercial, to M-M-N, Medium Density Mixed-Use Neighborhood complies with the standards and criteria of Section 2.9.4(H) of the Land Use Code. B. In order to encourage and facilitate the orderly development of the 19.55 acres and to ensure compliance with the policies and principles of the West Central Area Plan and Ci Plan, six conditions of approval are recommended as allowed by Section 2.9.4 and 2.9.4(I). C. The rezoning and the conditions comply with all applicable Land Use Code requirements as stated in the agenda item summary for this hearing and contained in the agenda materials. D. The six listed conditions comply with the provision of the Land Use Code Section 2.2.9 in that they are necessary to accomplish the purposes and intent of the Land Use Code and have a reasonable nexus to the potential impacts of the proposed rezoning and are roughly proportional in nature and extent to such impacts. CITY FINANCIAL IMPACTS There are no direct financial or economic impacts associated with the request to adjust and shift the two existing zone district boundary lines that would be any different than if the land development occurred under existing zoning. • Item # 12 Page 7 � � .� ����'� Y��ra� � � � BOARD I COMMISSION RECOMMENDATION At its November 16, 2017 meeting, the Planning and Zoning Board voted unanimously (6-0) to recommend to • City Council approval of the request. PUBLIC OUTREACH Per Section 2.9(B), a neighborhood meeting is not required except that with respect to a quasi-judicial amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a proposal of known controversy and/or significant impacts. A neighborhood meeting was held on September 26, 2017. A summary of this meeting is provided as Attachment 3. The result of the neighborhood information meeting is the recommendation of six conditions of approval. ATTACHMENTS 1. Vicinity Map(PDF) 2. ApplicanYs Justification and Exhibits (PDF) 3. Neighborhood Meeting Summary (PDF) 4. 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THE Cliv OF FORT COlLINS ANKES NO WARRANTV OF MERGMANTABilI1 V OR WARRANiY FOR �Il'NESS OF USE FON PARTICUI�ft PURPOSE, EXPftE53ED OR MPl1E0, NrtTH RESPECT TO THESE MRP PRODUCTS OR iHE UNDERLYING D�TA Arry w�n of brss m�p u�o0ucb, mep applcabans, or Csla, xcepb mme AS IS. WtfH ALL FAULTS, eM emumm ell rmponNWllty o11M �ea tlhieol, en0luM1her cmer�enb sip p�a la Iw1E Ua Cpy narmlqe Hom a�a ege�ns� er. amapa, ww, m i,.aury.��rq nom .ny ues a ma mso oAauct i� comiarsoon a ine cpya ne.i�a mbe m�s �nro�nuon .vaiso�a. i�apa�aem wnnoUn, w eu ae�a run eL�atl nerein 5noub Oe obte�.neE by eny usan ol IM1nse p!oducb, a� �ntlof�y:ng 4eW The CM d�ecx�me, ontl snail na� Oe hoid iixbio br xny xntl n" OemeBo,'ose. or iiebi!Iry, wne��e� Eirect. -,a�ac a�.v�yaa� i., w�cnA.4�. _ r,..�r� i._ �u.,., . i,.. �.... _. v� . �� �, N W �E � 1 inch = 600 feet /�F''�ort Collins ` G�g � October 31, 2017 REZONE JUSTIFICATION Spring Creek Mixed Use Development Blue Ocean is seeking a shift in the zone district boundary lines within a 19.55 acre tract of land situated at the southeast corner of Hobbit Drive and Shields Street on the western side of Fort Collins. This site is in close proximity to the intersection of Prospect Road and Shields Street. Despite being completely surrounded by existing development and primed for development, this infill tract of land has remained vacant for years. The existing zoning is NC (9.3 acres) and MMN (10.25 acres). Blue Ocean is not proposing a change from one zoning category to another nor introducing a completely new zone district category. Rather, the proposal intends to transfer 2.88 acres of the existing NC Zone to MMN. This would result in 13.131 acres of MMN and 6.42 acres of NC. Blue Ocean investigated every NC zoned area on the west.side of College Avenue (a total of 14). Our analysis determined that the NC zoned areas ranged between 1.43 and 9.34 acres with an average of 4.5 acres and a median of 5.8 acres. It was noted that this property was the largest NC area at 9.34 acres with the next closest at 5.8 acres. Blue Ocean would like to change the NC zoned area trom 9.3 acres to 6.42 acres to be more realistic with the 4.5 acre average. • The following site characteristics make it difficult to develop a 9.3 acre neighborhood retail center on • the site: • No hard corner: The site is not located at the intersection of two arterial streets, which is often a prerequisite for large retailers such as grocery stores. Many of the successful neighborhood commercial centers in Fort Collins are situated at arterial/arterial or arterial/collector hard corners. • Limited access: After an analysis of surrounding commercial centers was conducted, one of the common features of their success was multiple access points off of an arterial street. The site under review has only one access point along Shields Street. The other access point will need to come off of Hobbit Street which is a local street. Typically the second point of access to a retail center comes off of an arterial or collector street not a local street. • Poor circulation potential: The site has inherently poor circulation for a large retail center. In its current configuration, the NC zone is placed up against the northern boundary placing much of the traffic flow on Hobbit Street adjacent to existing Landmark Apartments. • Market saturation: There are currently six commercial centers within 2 miles of the site. Five of those centers have a large grocery store as an anchor. Two of the centers (South College Whole Foods/ King Soopers and Rain Tree Village) are within one mile of the site. The existing proximity of large retail centers makes the viabitity of a successful large retail center at this location difficult. � Attachment 2 • . • Attachment 2 • By lowering the acreage of the NC zone to a more marketable, practical and functional acreage (as referenced above) and placing it so that it will flank the access from Shields Street, the site will be in a better position to successfully develop as a small neighborhood center. In addition, by placing the NC zone at the southwest corner of the site, the development can achieve a classic land use transition from commercial, to higher density housing, to lower density attached housing and then to the existing single family neighborhood. See the attached concept plan (exhibit 6) which presents a site layout that illusterates the benefits of relocating the NC zone. The justification of the rezoning request addressing the review criteria contained in Section 2.9.4(H) of the Land Use Code follows: t,` i�,�� r�)F FC)RT C"C�L,L,iNS' - Z..�NI� US'l: (�'ti1�F 2. �.4(lli Text Ameridmeszts and Legislative Zoizifzgs or Rezonings. Amendments to the text of this t,rde, and amendments to the Zoning Map involving the zoning or rezoning of more than six !+, ndred forty (640) acres of land (legislative rezoning), are matters committed to the �._ �,islative discr�tion of the City Council, and decisions regardin� the same are not eontrolled , �. any one (1) factor. p Mandatory Requirer�tents.ror Quasi jacdiciul 7oning,s or Rezonings. Any amendment to ';� Toning Map involving Yhe zoning or rczoning of six hundred forty (64Q) acres of land or ��� (a quasi-judicial rezoning) shall be recommended for approval by the Planning and %`._ ��ing Board or approved by the City Council only if the proposed amendment is: ;a) consistent with the City's Comprehensive Plan; andlor (b) warranted by changed conditions within the neighborhood surrounding and including the subject p�•operty. ldditiona! Considerations for Quasi-Judicial Zonings or Rezorai�zgs.. In determining � � ��ther to recommend approvat of any such proposed amendment, the Planning and Zoning �� :, �� <�nd City Council may eonsider the fol]owing additional factors: a} whether and the extent to which ti�e proposed amendment is compatible with _sisting and proposed uses surrounding the subject (and and is the appropriate zone ,%istrict for the land; ; b) whether and the extent to which the proposed amendment would result in . �ignificantly adverse impacts on the natural environment, including, but not limited to, ti ater, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural �ianctioning of the environment; ;;�) whethcr and the cxtcnt to which the ��r��posed amendment v�ould r�sult ii� a logical �� ._ i� , . ,_�, CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN The rezoning request proposes to shift acreage between the NC and MMN zones on the site. The resulting zone district acreages will remain consistent with ihe Principles and Policies of Ciry Pfan in regard to: Economic Health EH1 supporting economic health of the community; EH 4.2 reducing barriers to infill development Having a smaller acreage dedicated to commercial development and a larger proportion dedicated to residential development will increase the economic viability of the neighborhood center. Cocating the neighborhood center at the signalized intersection will make the center more convenient to access and • will reduce conflicts with adjacent residential development. • , Attachment 2 Community and Neighborhood Livability • LIV L6.2 Seek compatibility with neighborhoods; LIV 6.3 encourage neighborhood related, non-residential development; LIV 15.2 — Commercial compatibility with surrounding development; LIV 28.4 and LIV 29.3 - incorporate a Neighborhood Center as a focal point within low and medium density neighborhoods; LIV 29.2 Mix of uses LIV 29.5 — Transitions The MMN District is incorporated within and alongside the NC District. The NC District is positioned at the full movement intersection with MMN areas transitioning from the NC ro the adjacent low density residential areas. Highest density is placed along the western side of the property at the signalized intersection, along the arterial street and adjacent to other multi family housing. The lowest density product (duplex units) is situated along the eastern side of the property near the adjacent low density Sheely Neighborhood. When the mixed-use project is developed many more Principles and Policies having to do with a compact development pattern; cohesive, safe, vibrant and attractive neighborhoods; appealing activity centers; variety in housing types and densities; adequate supply of housing; safe, functiona! and visually attractive streetscapes; walkable blocks; pedestrian and bicycle access and low maintenance attractive landscapes will be achieved. WEST CENTRAL AREA NEIGHBORHOOD PLAN (Guiding Principles) 1. Sensitive to general context and overall character of neighborhood. � • The neighborhood consists of existing multi family, townhomes, commercial/retail and low density single family housing. This project will not deviate from these uses and will use the architecture from the low densiry housing as the style for architectural compatibility. 2. Compatibility through site planning, appropriate mass/scale. Compatibility is achieved by (1.) Placing the lowest density product near the eastern, adjacent single family residential homes. (2.) lncreasing mass/scale as the project moves towards other areas of higher density homes and the arterial roadway. (3.J Orienting the commercial uses along Shields Street and the signalized intersection. 3. Building entrances towards public streets. euilding entrances are situated towards public streets and adjacent sidewalks. 4. Heights should be stepped back Heights of buildings are the tallest near Shields Street, ihe main access to the site, commercial uses and the signalized intersection. euilding heights decrease cowards and along the low density Sheely Neighborhood. 5. Parking to side and rear of buildings Parking is to the side and rear of multi family and commercial buildings. 6. Building forms to be responsive to individual context of the site Building design and forms are situated to follow the patterns of the Spring Creek Trail system and the existing roadways. Large interior underground utilities that traverse the property also add to the context of the site. 7. Each site to relate to the street with a plaza, entry feature to enliven public interest. At final design, the development will include an entry feature that will enliven public interest. • � � NATURE IN THE CITY • Attachment 2 Easy Access to Nature - 10 minute walk to nature. The Spring Creek Trail system is interior to and runs along two sides of the development. Maximum walk to accessible nature is estimated at one minute. High Quality Natural Spaces - Conserve, create and enhance. The development will leave the Spring Creek Trail area in its natural state. The only anticipated development in this corridor wil! be the addition of a few trail connections to the development. The development will use berming ond plant material screening to help mitigate the effects on the natural areas. If warranted additional plantings could be introduced into the natural area. Land Stewardship - Support healthy environments for people and wildlife. This development will further and promote the retention of the natural area while introducing the future residents by providing access to the existing trail system. WARRANTED BY CHANGED CONDITIONS The rezoning request is warranted due to Hobbit Street not connecting to Wallenberg Drive to the east or to Prospect Road to the north. Most successful neighborhood centers in the City have access from two arteria! or collector streets. No internal roadway connecting Shields Street to Prospect Road creates a poorly designed vehicular circulation system for amount and location of the property currently zoned NC. Commercial and retail users desire adequate visibility and circulation. The new zoning situates the NC zoned area at the signalized intersection of Shield Street and Stuart Street. It also reduces the NC acreage to a size more compatible with the current access and site restraints. . • COMPATIBLE WITH EXISTING AND PROPOSED SURROUNDING USES The Rezoning request is not adding additional zoning categories. The rezone will simply change the boundary lines of the existing zoning. Existing zoning categories are appropriate for the development. ADVERSE IMPACTS TO THE NATURAL ENVIRONMENT The rezone would not result in any significant adverse impacts on the natural environment. The proposed uses would meet the City's standords for woter, storm water, and noise and air quality. It is anticipated that the limits of construction will be contained to the top of the slope of the Spring Creek channel and the eastern drainage channel. These two channels comprise the open natural areas to be retained. Minimal connections to the existing trai! system will occur. LOGICAL AND ORDERLY DEVELOPMENT PATTERN The proposed amendment would result in a logical and orderly development pattern by: (1.) Placing the lowest density product near the adjacent single family homes (2.J Increasing density as the project moves towards other areas of higher density homes and the arterial street. (3.) Orienring the commercial uses along Shields Street and the signalized intersection. A plan is attached (see exhibit 6) to illustrate a potential site design of the re-allocated zone acreage. This plan is conceptual and not intended for approval with this rezone. It is provided to assist the decision makers with understanding the potential a shift in zoning can provide. � • EXHIBITS: 1. Site Context 2. Walkability 3. NC Zoning Study 4. Adjacent Zoning 5. Zoning Request 6. Concept Site Plan 7. Zoning Plat • Attachment 2 � . � � C� � Attachment 2 "Exhibit 1: SITE CONTEXT" � . � ' � �a-�Va.. j a. �a�� t�grf����� ' . �.�li'% . 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M y, �, ``� . �e� • i � Attachment 2 � "Exhibit 2: WALKABILITY TO AND FROM SITE" � C� � U 5� "Exhibit 3: NC ZONING STUDY" CC AND NC ANALYSIS :;� � � � ��, €IIZABETH A Z� � 1 ��_ �VROSPEC7 � C � -� � ^ � DRAKE � Attachment 2 �-- 14 NC and CC Zoned Areas � _ ,: 1.4 to 28 acres CSU � , � �(.._ � ; , �- Location/Acreage/Spacing � _, , � ;- ;- . �arge 14-18,�c. � Small 3-6 Ac. . . � I KEV INTERTERION S.F. AC. NTERSERIOM1 � � '�, 1 Campus West I� of Eliz.) 1.225,000 28.12 ShielC./Elirabe[h -- -�t— � 1 (.�mPusWestl�et_Irr.' 1,1S�.WU 28/U �.I,ie.d�./k.liiabeth 3 �. �� 3 P�ocpeu'rark 1?7,;IXi 4.;3 Shi^'�i�;�ProsPea _. t�� � a SPr�n60wk lOb.18A 9.Y1 Mid-Block Shidd� �' � �a: ,n 5 NOin:rc¢ 6SO,OW :4.92 51 -I ;;Drakc - •�. � �_ (3 _._ .. ..- .___. N C� e C ni���.uiu,� vl.ta Z35.GCG 3.44 -I I��.�G�sk� C r— .. . � ) _ . �'� . 7 7O�kx 227.80G 5.23 Sh�al�;/H�r;eto0i� / �' � � j 8 fbudre Vallry Waia 751 SW S,llU ]A�elds/hlwutooth �� � ' 9 Pinevicw 700,000 16.07 Shields/Hmnony �EfOOTH � � ]0 W'cr Fll�a6rth Glaza ?69,(10tl S 77 T�Fr/E16aMMi � � � � 11 Mlller &o FooNltls 392,500 9.01 Taft(Elizabe[h 12 Droke Uossing Cencer 805,000 18.d8 Tak!Droke � .. 13 7rospec[ OVahand P�D 1a3.U00 3.2N Uveiland/�'rospect �"� . ]d SpringCrcek Cla�a 62,790 ] A3 ih�rrlandJDrosprc . ._. a4? AWERAGF t. - HARMONv � I_ �� � � � • C� • Attachment 2 • "Exhibit 4: ADJACENT ZONING" ADJACENT ZDNING - _ � : ; � M : _r _ �_..._._.�.�._ � � ����� , ,���� � . � � � � -�-. �.��a. � �� �� FRQSPECi NC MMN : MMN ;`a x- �.� w�:. �����;'. � MMN s � �• - _,.�� � • RL — Low Density Residential 21% - 984 linear feet 60' wide lots @ 4 du/ac 2 Stories max. height • MMN — Medium Mixed Nei�h. 63°/a - 2,827 linear feet No max. du/ac 4 Stories max. height • NC — Nei�hborhood Commercial 16°/Q - 448 linear feet No max. du/ac 5 Stories max. height � • • • "Exhibit 5: ZONING REQUEST" PROPOSED Z�NlNG u EXISTING 19.55 gross acres NC 9.34 acres MMN 10.21 acres -r�e+- - «� �i ::» ��tr+:w�+� � �, .. � rioaair .,'..;,M . . . _ .. . .��"'. .� #'.� - a,� �.,�� `. ~-:►� =�`+�� 9NC � �.�.,.4 �� � �`° ; �I � � . rv�' '`�r IYIIYI� � s ',� 'fih:.�2' srunr?r 1011 AC ,;,�, k� �� ' F �..� . �, .� N �i � s� �+M�' q�t�'��`�K � ' , f ' '� � .� � � �„�����.--�. � -� ,! �� y.; ����y��;b # 4'��. ,�' �".•r. .,. , � , . , , � �� ` ._r��_-��� _ � �. _#'_ •'� • Attachment 2 � PROPOSED: ' • 19.55 gross acres • NC 5.42 acres • M M N i3.13 acres *"TRANSFER 2.88 ACRES FR0�1/t 1dC Td MlVIN i0 A MORE LOGICAL LOCATION ATTHE SIGNALIZED INTERSECTION �� � � � . �. 4 � � i .r�s.H0981T `" � . , ;<! , '"� , ����., �� � : ��;� � � ` _t � � � � ,,•�, 1 .��* �' M M N `r- � ` �� �. ,,,,x,� .;, ' 13.13 AC. �, � �+► �. ' 4 .���� ���� ��` � '���. �STUAFT NC �..� '� . 5.42 AC V Y y' N -�J � ' *' � t►�'a'��� � i .�� • A �+t f -. �� p � �� � •� �'�•�� =e�� ;�!t�' �, � � '� �,�,� �*► � . ,� �`'� � � � @i..�.�Y �`i ' � � ��:5' #t :�?�ltt • II� �_, _ -' /r/� RE-AIIGNED MMN ZONE Attachment 2 Hobbit t�eet � - " .�.� LEGEND � � V � � r� j �— 1Q Multi-Family Building-365 Units Max. � � i1'l {�1� �� _ � � � � } 20 Commercial or Mixed Use Building , t - . � ; ; - - ' � �:'; � - 30 Club House -. _. _ , , _ . _. ,� , - � �--� ` �+� � � - - � `z - (�> 3. " 4Q Duplex Lots-2 Story Max. 1 - � '} ' - - � - (��, _ (�; �� - � . - _ _ _ 5(J Detention i� "` si' -= � 60 Spring Creek & Trail � � ' � �. � ; ; � � �, ' � _ � 7Q Private Drive • N : , ; � � __ ,', ;� � �. 8Q Canal Importation .... - =h - . � ' � � - :, i� ; , _ - � � � �8 Basin Channel I � i,;:�� � _ ,,;��; 8 , — ... I a� , j . `� ,, , . . `�~"'`� �; i �;� Q - TRANSIT UJ �I� (���� . � _ '?�-' ( �' 1'' STOP ~� li4 i. 1.1 - i 4 J i ���- �� `� , � ' _. L � � � - " � _! ?'r s 1 J . 0� 1 west - -- : � o P � �� 1 �:��.�i 5 �_��t —= `�. StUaCt .• � `- � � --_- .__�''-�� _ � _ __ , } � .�- " � � � i , . _ �. : , . -- -���.. � `'� `•, , :. � - //� .,.�.� � .rq, �-`' ` � � � � , . � , � i ; • . I J � � ` �i � Y' � ' � � '��� , � � � RE-ALIGNED NC ZONE ` � • � � ` �� � VARIABLE NATURALAREA � , � BUFFER TO MEET LANDUSE CODE � J / � � j EXHIBIT 6 ! ., ' SPRIIVG CREEK MIXED USE REZONE - . CONCEPT PLAN -10.31.17 NaaTx � � � if ! • __ _ _ _ _------ _-_ ___ _�_ __ __ _ _ _.._ _ _. _ --- _. --- REZONING MAP Exhibit 7 �Rtj a��; A TRACT OF LAND LOCATED IN THE NORTHWEST taUARTER OF SECTION 23, TOWNSHIP 7 NORTH, }F� J �` :,�:� r RANGE 69 WEST OF THE 6TH P.M., CITY OF FORi COLLINS, COUNTY OF LARIMER, STATE OF COLORAQO '; E' �,�,���~' j. � -�_' _ "—"— _ —" �'"�. w�'�T'�♦ __ � ��'��.,^�^—� i ��'—I �SI` �I --.- — -1 -.R _ -, .�. _ .._ NOBBIT S7REE? _ ` _ _ �y ����.^ _ �. � f . , ," . . . , . — - - _ ';,_„� _ T...� i � � � � ,� . �� i'�'��� � ���i �,:�, � . . t,— "i ,. r , � � � r �o,.,.,�,.fl, o.,,.,.� �, , � » _ ,,_ I I� n.nmi.w.r � s•--: �.,, 6� �_� '� �( i �� � tlrahii'M�ti yl\I11.t1�M �- �� % . YQllf Of f.C1IMIG � P� SN Vl1f1'1 l � � 1 � �. � IO1KlOVOMY MO OdM H�f \ Pa� II�IO S ��— W I� T i 2 �U1Ct�i' ` �,: � :AIE � ro .� � ' . 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I.r�r..rrlYeKKi:�v+��.ar��rr•AW��+.L:Mew.w.o.v.w.rn')r.,r wtitar�...r �•y�r•w. �1»�..w..�.r r.� wwr��r.arirx• swi j � r.��....rn..•M...a�.y:tiww�.. .�:r. «...d {1 ^.., ` .�.s. i Y i..,,r.�.... . . ... _ .._ _ __ .. Or � S+w� � PROJECT: LOCATION: DATE: APPLICANT: CONSULTANTS: CITY STAFF: � Attachment 3 NEIGHBORHOOD INFORMATION MEETING Spring Creek Rezoning East Side of Shields Street at West Stuart Street September 26, 2017 Steve Schroyer, Blue Ocean Enterprises, Inc. Russ Lee, Ripley Design, Inc. Ted Shepard, Chief Planner Nicole Hahn, Traffic Engineer Project Description This is a request to shift the zone district boundary line between two zones within the subject site. The site is 19.55 acres in size and divided between 10.25 acres zoned Medium Density Mixed-Use Neighborhood .M-M-N, and 9.3 acres zoned Neighborhood Commercial, N-C. The request is to shift the zone district boundary line such that the M-M-N gains 2.88 acres and the N-C correspondingly loses 2.88 acres. The result is that is the M-M-N ground would be enlarged to 13.13 acres and the N-C ground would be reduced to 6.42 acres. Also, the result is that the N-C ground is moved further south in order to be bisected by the future extension of West Stuart Street. This proposal to shift the boundary line between two zone districts is in anticipation of a land development project. It is important to emphasize that a land development project has not yet been submitted to the City's Planning Department. Unless otherwise noted, all responses are from the applicant. Questions, Concerns, Comments 1. Will you be providing connections to the Spring Creek Trail? A. Yes, bike and pedestrian connections are planned for both the Spring Creek Trail and the Canal Importation Basin Channel Trail. 2. The Spring Creek Trail underpass at Shields Street is very dangerous with a blind curve and steep ramps connecting to the sidewalk on Shields. Will this condition be addressed by your project? A. We are aware of this condition as is the City's Parks Planning and Development Department. We do not see this improvement as being part of our project. We suggest that you take this issue up with the City. C� � • � Attachment 3 � Response from City Traffic Engineer: We will forward this concern to our Parks Planning and Development Department. 3. Why even develop this property? This City does not need more land development. Why not just keep it as is — open space? Enough is enough. A. The City was approached years ago about acquisition for a city park. The City stated then, as they consistently do now, that Rolland Moore Park is the open space and park for this part of our community and the park system does not call for an additional 20 acres at this location. In addition, the Parks Department prefers to not place parks along an arterial street such as Shields. The land is privately owned and was purchased in anticipation of land development as being the highest and best use for the site. It was not purchased to be privately owned open space. Blue Ocean sees the market for multi-family apartments and supporting commercial services as being the highest and best use. 4. What is the size of the N-C parcel? A. We would like to reduce the size of the parcel to 6.42 acres. 5. This plan is the best plan I've seen since 1985. Thanks for reaching out to the neighborhood over the last year to work out some key design principles such as placing finro-story duplexes along the eastern edge. My primary concern is that I � would like to see this request tied to the schematic plan that you are showing us tonight. The existence of the N-C zoning is the neighborhood's protection against an out-of-scale apartment complex that has a negative impact on the neighborhood. Reducing this N-C acreage is acceptable but only up to a point. The neighborhood still needs an N-C parcel that results in a viable commercial center that provides desirable goods and services that will benefit the neighborhood. By linking the rezoning request to a concept plan, the neighborhood is offered better protection in the event that Blue Ocean sells the parcel to a new developer. A. Thank you for acknowledging our efforts over the past year. We have had four meetings with neighborhood representatives with good faith conversations resulting in the concept plan that is being presented. We agree that by reducing the N-C, and moving it closer to Stuart Street, increases the chances of creating an activated neighborhood center. We will explore ways with the City on how best to associate the rezoning request with our concept plan. As you would expect, we do not want to submit a fully formed P.D.P. (Project Development Plan) in order to tie the rezoning request to a site specific development plan. 6. I agree with the previous speaker. It appears to me that the concept plan may be sufficient in that it shows the primary access points, the internal framework of streets, the location of the multi-family, clubhouse, commercial center and the • duplexes as well as the multiple trail connections. This concept plan should be adequate to convey the overall design intent versus a P.D.P. 2 • • Attachment 3 7. I think the M-M-N zoning is too dense. � A. The M-M-N zoning has been in place for decades and was reaffirmed by the recently adopted West Central Area Plan. It is a logical zone district given the parcel's location along an arterial street and proximity to both the C.S.U. main campus and south campus — Veterinary Teaching Hospital. The duplexes are designed to mitigate the density of the multi-family. 8. I like the fact that you have put the two-story duplexes along the east side. A. This is designed to transition the scale of the buildings from east to west as a land use transition for the neighborhood. 9. What other projects has Blue Ocean completed? A. Two recent examples include the a multi-family project at the northwest corner of E. Drake Road and S. Timberline Road called The Trails at Timberline. We have also completed two office buildings in the Downtown along Meldrum Street. 10.Are you planning any new crossings of the Canal Importation Basin channel onto Wallenberg Drive? A. No, we plan on relying only on the one existing crossing that links Wallenberg Drive to Hobbit Drive. � 11. I'm concerned about the amount of bike and pedestrian traffic in the general area. The Prospect / Shields intersection is already very congested and dangerous. Now, with this proposal, we will be adding a high number of bikes and pedestrians traversing the neighborhood to get to C.S.U. A. We are aware of this concern. Please note that the West Central Area Plan calls for a mid-block crossing of Prospect Road between Shields and Whitcomb. This should help with getting bikes and pedestrians over to the main campus. 12. Where will this crossing be located? Response from the City Traffic Engineer: The exact location has not been determined yet but will be close to where Prospect Lane intersects with Prospect Road. This is because we want to place it near where north-south connections can be made to allow bikes and pedestrians to bike and walk all the way to Lake Street. Such connections are being provided by both the Apex (The Slab) and future The Standard Apartments and both are approximately midway between Shields and Whitcomb. � 3 • • November 14, 2017 To Planning and Zoning Board members RE: Spring Creek Rezoning REZ170001 Dear P&Z Board members, • Attachment 4 The purpose of our letter to you is to inform you that a core group of neighbors from the Sheely and Wallenberg neighborhoods have spent approximately 2 years meeting in person with Steve Schroyer, of Blue Ocean in order to collaborate on the development of the 19.55- acre parcel located at the southeast corner of South Shields Street and Hobbit Street. During this time period many meetings were held, emails exchanged, and options explored. As a result, a consensus was reached between Blue Ocean and the core group from the neighborhoods that it would be appropriate to change the zoning and the neighborhoods would support the change of zoning only with the agreed upon conditions that are now submitted with and attached to the proposal. The lengthy. process that was undertaken is a prime example of neighbors working with developers and reaching a mutually beneficial agreement. We wish to encourage the P&Z board to approve the zoning change requested with the very important attached conditions. Without the conditions attached to the zoning change proposal, we are concerned that our neighborhoods could be at risk in the future, especially if Blue Ocean would not be the actual � developer and a developer from out of. state would take over the project. The core group of neighbors below urge you to approve the zoning change with the attached conditions. Otherwise, all our efforts would be in vain and we would flatly oppose the project out of concern for future impacts on our already compromised area due to many development projects currently underway and coming in the near future. Sincerely, Deb Applin Ann Hunt Rick Hoffman Colleen Hoffman Alan Lamborn Per Hogestad • . � ORDINANCE NO. 177, 2017 � 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 SPRING CREEK REZONING REZ170001 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, the City Council has considered the proposed rezoning of the property that is the subject of this Ordinance ("Rezoning"), information, materials, findings of fact and conclusions contained in the Agenda Item Summary and Agenda materials prepared for this hearing, as well as the information, materials, public comment presented at this hearing and Council discussion thereof; and WHEREAS, the City Council has found and determined that the proposed Rezoning and the six conditions set forth below ("Conditions") comply with all applicable Land Use Code requirements, including the requirements established in Section 2.9.4(H)(3) of the Land Use Code; and WHEREAS, the City Council has also found and determined that the proposed Rezoning, � and the Conditions, are 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, the City Council has further found that the Conditions comply with the provisions of LUC Section 2.2.9 in that they are necessary to accomplish the purposes and intent of the LUC and have a reasonable nexus to the potential impacts of the proposed rezoning and are roughly proportional in nature and extent to such impacts; and WHEREAS, in accordance with the foregoing, the City Council has considered the Rezoning and has determined that said property that is the subject of this Ordinance should be rezoned as hereinafter provided. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by shifting the Medium Density Mixed-Use Neighborhood ("M-M-N") zone district north and increasing it by 2.88 acres, resulting in M-M-N zoning for the property described as follows: • -1- � • • A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northwest Quarter of Section 23, T7N, R68W as bearing South 00° 19' O1" West and with all bearings contained herein relative thereto: Commencing at the Northwest corner of Section 23; thence along the West line of the Northwest Quarter of Section 23, South 00° 19' O1" West, 713.81 feet; thence, South 89° 21' S9" East, 50.00 feet to the POINT OF BEGINNING; thence along a curve concave to the southeast having a central angle of 90° 19' 00" with a radius of 25.00 feet, an arc length of 39.41 feet and the chord of which bears North 45° 28' 31" East, 35.45 feet; thence, South 89° 21' S9" East, 456.98 feet; thence along a curve concave to the northwest having a central angle of 25° 59' 21" with a radius of 267.00 feet, an arc length of 121.11 feet and the chord of which bears North 77° 38' 20" East, 120.07 feet; thence, South 89° 21' S9" East, 435.72 feet; thence along a curve concave to the north having a central angle of 13° OS' S9" with a radius of 518.12 feet, an arc length of 118.46 feet and the chord of which bears South 84° 06' 19" West, 118.20 feet; thence, South 10° 06' 09" East, 153.80 feet; thence along a curve concave to the south having a central angle of 24° 24' S2" with a radius of 664.52 feet, an arc length of 283.16 feet and the chord of which bears South 22° 22' 22" East, 281.02 feet; thence, South 55° 47' 39" West, 20.96 feet; thence, South 07° 14' 10" East, 409.86 feet; thence, South OS° 39' 23" East, 103.47 feet; thence, North 52° 49' 40" West, 1.74.60 feet; thence, North 22° 53' S2" West, 9.39 feet; • thence, North 72° 41' 45" West, 13.65 feet; thence, North 52° 45' 08" West, 71.61 feet; thence along a curve concave to the south having a central angle of 35° 29' S2" with a radius of 400.00 feet, an arc length of 247.82 feet and the chord of which bears North 78° 45' 38" West, 243.88 feet; thence, North 00° 19' O1" East, 284.42 feet; thence, North 89° 40' S9" West, 647.89 feet; thence, North 00° 19' O1" East, 407.00 feet to the Point of Beginning, containing 571,975 square feet or 13.131 acres more or less. Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by shifting the Neighborhood Commercial ("N-C") zone district south and reducing it by 2.88 acres, resulting in N-C zoning for the property described as follows: A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northwest Quarter of Section 23, T7N, R68W as bearing South 00° 19' O1" West and with all bearings contained herein relative thereto: Commencing at the Northwest comer of Section 23; thence along the West line of the Northwest Quarter of Section 23, South 00° 19' 01" West, 687.86 feet; North 89° 21' S9" West, 50.00 feet; thence, South 00° 19' O1" West, 470.00 feet to the POINT OF BEGINNING; thence, South 89° 40' S9" East, 747.89 feet; thence, South 00° 19' O1" • West, 284.42 feet; thence along a curve concave to the south having a central angle of -2- • � 16° 57' S3" with a radius of 400.00 feet, an arc length of 118.44 feet and the chord of • which bears South 75° 00' 30" West, 118.00 feet; thence, South 66° 20' S6" West, 227.30 feet; thence, South 68° 21' 24" West, 94.78 feet; thence South 44° 26' 15" West, 213.35 feet; thence, South 59° 17' 14" West, 104.96 feet; thence, North 00° 19' O1" East, 650.61 feet to the Point of Beginning, containing 279,656 square feet or 6.420 acres more or less. Section 4. That Rezoning shall be subject to and including the following six conditions: Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this Rezoning shall include two-family dwellings along the entire eastern perimeter forming a buffer and transition between any multi-family buildings and houses in the adjoining neighborhoods as generally indicated on the applicant's Concept Plan (attached hereto as Exhibit A) with exceptions made for stormwater facilities, private parks, landscaping and walkways. Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this Rezoning, shall not contain any dwelling units that feature a rent-by-the-bedroom leasing model. Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and enlarged to 13.13 acres by this Rezoning, shall be limited to residential permitted uses and accessory uses only. Condition Number Four: The maximum number of multi-family dwelling units in the M- M-N zone district parcel shall be 365. Condition Number Five. The maximum allowable building height of the two-family dwellings in both zone district parcels shall be two stories. Condition Number Six: Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres by this rezoning application, shall be limited to the primary and supporting uses as envisioned by Principle LIV 36.1 of City Plan and Section 4.23(B) of the Land Use Code, and that residential permitted uses shall be limited to Accessory Uses, Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use Code. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Section 6. That the City Clerk is hereby directed to cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder. • • -3- � � • Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of January, A.D. 2018. Mayor ATTEST: • City Clerk • -4- ,� �, � 1 �. t* � � � � _ , I - �^. � �,, r t ' ,..,...,�!; � •r _ % J'�.��'� f `_ � � �. �� � �� .� �_ � �� ii �ir:./ �•;�.� ,�. {N ? ' 1���-� �:� �. �/�iuwt� i . � ,^� c :� �