HomeMy WebLinkAboutDUECK COLORADO PROPERTIES - REZONING - 9-87B - REPORTS - FIRST READINGAGENDA ITE� SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT :
1� NUMBER: 20
DATE: �u�y �, i9a�
FROM: Ken Wai do
Hearing and First Reading of Ordinance No. 108, 1987, Rezoning 23.37 Acres
from the T-Transition to the H-B, Highway Business, Zoning District.
RECOMMENDATION:
Staff recommends approval of
development condition and a
be master planned as a singl
The Planning and Zoning
recommendation.
EXECUTIVE SUMMARY:
the H-B rezoning request with a planned unit
condition requiring the entire 23.37 acres to
e unit at the time of any development proposal.
Board voted 7-0 to support the staff's
This is a request rezone approximately 23.37 acres located east of S.
College Avenue, south of the Trilby Road, and north of Robert Benson Lake,
from the present T-Transitional Zoning District to the H-B, Highway
Business, Zoning District, with a planned unit development condition and a
condition requiring the entire 23.37 acres to be master planned as a single
unit at the time of any development proposal.
APPLICANT: Dueck Colorado Properties, Ltd. OWNER: Same
15701 W. lst Ave, Suite 200
Aurora, CO 80011
BACKGROUND:
The applicant and owner, Dueck Colorado Properties, Ltd., is requesting
rezoning, to the H-B, Highway Business, Zoning District, of approximately
23.37 acres of property, located east of S. College Avenue, south of the
Trilby Road, and north of Robert Benson Lake. The property was part of a
voluntary annexation approved by the City Council on May 5, 1987, and was
initially placed into the T-Transitional Zoning District. The applicant had
initially proposed to zone the property into the H-B zone at the time of
annexation but opted for the T zone to act as a holding zone for the
property in order to have further discussions with City staff concerning
the eventual development of the property.
The requested rezoning is for is the H-B, Highway Business, Zoning
District, with a planned unit development condition. The H-B district
designation is for automobile oriented businesses. The primary criteria
for evaluating a rezoning request is its conformance with officially
adopted elements of the City's Comprehensive Plan. The City's
Comprehensive Plan contains goals, objectives and policies designed to
discourage strip commercial development in the community, particularly
along arterial streets and highways. For these reasons staff gave great
DATE: �uly 7, 1987 � -2-
thought to this proposal for a zoning classification which sets an
expectation for highway oriented commercial development along South College
Avenue. During the staff's review several meetings were held with the
applicant where alternative zoning options, including the B-P, Planned
Business, and B-L, Limited Business, zoning districts, were discussed. The
applicant shares the City's concern about strip commercial development
along arterial streets and highways and has asked that a planned unit
development condition be attached to the H-B zoning (see attached
SUBMISSION INFORMATION FOR RE-ZONING). The PUD condition would require
that all development proposals be reviewed through the criteria of the LAND
DEVELOPMENT GUIDANCE SYSTEM, which means there would be public review of
proposed land uses and project design. The LDGS was developed and designed
as the major implementation "tool" for the City's Comprehensive Plan. The
criteria and point charts within the LDGS were derived directly from the
goals, objectives, and policies of the City's Comprehensive Plan.
The staff's concern with the H-B zone is again based on City land use
policies against strip commercial development. The City has used the
practice of zoning properties adjacent to arterial streets in the B-P,
Planned Business, Zoning District. The commercial portion of the Oak Ridge
Master Plan and the Smith and Stute Annexations along Harmony Road are
examples of this practice. While this has been recent City practice, it is
not in the form of an adopted City policy. By applying a planned unit
development condition to the property there is essentially no difference
between any zone, whether it be a B-P, H-B, I-G, or R-L zone, all require
conformance to the criteria of the LDGS. The staff is highly confident
that the LDGS can protect the City against the "strip commercial"
development referred to in City policies.,
The City has received two
attached letters) but, the
Planning and Zoning Board's
Findinqs
letters in opposition to this rezoning (see
authors of the letters did not appear at the
hearing on this item.
1. The present T-Transitional Zoning District was applied to the property
at the time of annexation to act as a holding zone for the property.
2. The H-B zone with a planned unit development condition will require
development to proceed under the criteria of the LAND DEVELOPMENT
GUIDANCE SYSTEM which means that development will be consistent with
the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of the requested H-B zoning with a planned unit
development condition and a condition requiring the entire 23.37 acres to
be master planned as a single unit at the time of any development proposal.
PLANNING AND ZONING BOARD RECOMMENDATION:
At their regular monthly meeting on May 18, 1987, the Planning and Zoning
Board voted 7-0 to recommend approval of the rezoning request with the
planned unit development and master plan conditions recommended by staff. A
copy of the Board' minutes is attached.
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ORDINANCE N0. 108, 1987
• OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE CITY OF FORT COLLINS,
BY CHANGING THE ZONING CLASSIFICATION FOR
CERTAIN PROPERTY KNOWN AS THE
DUECK COLORADO PROPERTIES, LTD. REZONING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORi COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 118 of the
Code of the City of Fort Collins be, and the same hereby is, amended by
changing the zoning classification from "T," Transition Zoning District, to
"H-B," Highway B�siness Zoning District, for the fiollowing described
property in the City known as the Dueck Colorado Properties, Ltd. Rezoning:
That portion of Sections 13 and 14, Township 6 North, Range 69
West of the 6th Principal Meridian, Larimer County, Colorado,
being more particularly described as follows: Considering the
West line of the Northwest One-Quarter of said Section 13 as
bearing North 00°03'30" West and with all bearings contained
herein relative thereto: Beginning at the West One-Quarter
corner of sa;d Section 13, thence along the West line of said
Northwest One-Quarter North 00°03'30" West 1330.52 feet, thence
South 88°47'08" West 46.70 feet to a point on the Westerly right
of way of U.S. Highway 287; thence f�orth 00°05'00" East, 234.68
• feet along said right-of-way; thence North 89°56'30" East, 99.99
feet to a point on the Easterly right-of-way of U.S. Highway 287,
said point also being the Northwest corner of that certain parcel
of land described in deed recorded in Book 1108, Page 489 records
of said County, thence along the Northerly and Easterly line of
said parcel of land described in said Book and Page, South 83°
52'00" East, 873.44 feet and again South 00°05'00" West, 969.12
feet; thence South 27°55'28" West, 25.66 feet to a point on the
Northerly line of the Halcyon Annexation to the City of Fort
Collins, Colorado, thence along said Northerly line the following
12 courses and distances: North 47°50'03" West, 143.01 feet;
North 38"47'25" West, 137.28 feet; South 70°08'41" West, 114.83
feet; North 78°06'41" West, 38.83 feet; South 76°49'39" West,
48.27 feet; North 87°52'44" West, 27.02 feet; South 56°07'45"
West, 87.92 feet; South 32°40'13" West 264.91 feet; South 17°
12'34" West, 118.30 feet; South 16°10'43" West, 168.68 feet;
South 03°03'59" East 95.00 feet; North 89°48'47" West, 152.37
feet to a point on the Easterly right-of-way of U.S. Highway 287,
thence leaving said right-of-way North 89°48'47" West, 50.00 feet
to the point of beginning. Said parcel contains 23.37 acres more
or less and is subject to all existing easements and
rights-of-way of record or as now in use.
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Se�tion 2. The City Engineer is hereby authorized and directed to �
amend said Zoning District Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered
published this 7th day of July, A.D. 1987, and to be presented for final
passage on the 2.lst day of July, A.D. 1987.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of July, A.D. 1987.
ATTEST:
Mayor
City Clerk •
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GEFROH HATTMAN INC.
ARCHITECTS/PLANNERS
CONSTRUCTION MANAGEMENT
1 35 West Swallow Road
Fort Collins, CO 80525
(303) 223-7335
SUBMISSION INFORMATION
FOR
RE-ZONING
APPROXIMATELY 20.1 ACRES ON SOUTH COLLEGE AVENUE
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FOR H-B, HIGHWAY BUSINESS
ZONING DISTRICT, WITH A PLANNED UNIT DEVELOPMENT CONDITION
PREPARED BY:
GEFROH HATTMAN INC.
135 West Swallow Road
Fort Collins, Colorado
PREPARED FOR:
Dueck Colorado Properties Ltd.
15701 East First Avenue
Suite 200
Aurora, Colorado
May 1987
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INTRODUCTION
Dueck Colorado Properties wishes to re-zone HB, Highway Business with P.U.D.
condition, 20.1 acres of land into the City of Fort Collins. �
The property is situated on the East side of State Highway 287, South College
Ave���e (the City's major arterial street) and at the future intersection with
Provi�ce Avenue (a collector street).
The property will be developed as part of the contiguous 400 acre Provincetowne
Master Plan, a mixed use �oRxnunity of residential, industrial, recreational, com-
mercial and retail uses.
The pr�perty is well located to serve the needs not only of the bur�eoning Southern
portion of Fort Collins, but of the community as a whole.
The uses anticipated for the �roperty derive from its South College location, and
will be of a planned community/regional shopping center nature.
REQUEST FOR HB, P.U.D. ZONING
We, therefore, request that the property be zoned HB, with P.U.D, condition, for
the following reasons:
1. The H.B. (Highway Business Zone) with P.U.D, condition has a"designation for
automobile-orien�ed businesses" (118-62).
EXPLANATION: The property is situated along South College Avenue, US Highway
2 7, the major N-S traffic arterial of Fort Collins indeed along the front
range outside of the interstates. Here, it is a natural for automobile- �
oriented businesses.
We contend that the BP, Planned 8usiness Zone, advocated by City staff is not
appropriate because according to 118-60 the "BP District is designated for
areas planned as a unit to provide business services while stilt protecting
surrounding residential uses". We contend that this designation has the wrong
connotations particularly for developers and commercial investors, along a
major arterial highway with its high-volume traffic flows.
Similarly we reject BL, Limited Business, because of its designation "as areas
for neighborhood convenience centers". Again this has the wrong connotation
for commercial investors along a major arterial highway.
Therefore, we request that the property be zoned HB, Highway Business with P.U.D.
condition as the most appropriate for the automobile-oriented business which is
natural at this location.
2. HB, Highway Business Zone District, according to 118.62A(3) permits banks, sav-
ings and loan and finance companies, standard and fast food restaurants, indoor
theaters, membership clubs, offices and clinics, personal service shops, retail
stores, laundry, dry cleaners, limited indoor recreation uses, small veterinary
ctinics and aquarium shops, churches, etc.
HB Zone District with P.U.D, condition permits shopping centers consisting of
any of the above uses, or any land use, located on a planned unit development
plan, as defined, processed and approved according to 118-83 of the City of �
Fort Collins Zoning Code.
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SUBMISSION INFORMATION
ANNEXATION AND ZONING
Page 2
� EXPLANATION: The City and the Developer's concern that a"strip development"
not occur on South College is addressed with the Planned Unit Development con-
dition. Any development in HB Zone, Highway Business, P.U.D. condition, will
be in accordance with the Land Development Guidance System for planned unit
d�Welopments 118-83 i0rdinance No. 44 1982, adopted by Council of City of Fort
Co'iins, April 20, 1982). In practice this means that development will be with-
i� a planned center, and not along "strip development lines" with all its ob-
jectionable characteristics as seen in the County Development North of Trilby
Road on South College. Al1 citizens, Planners and Developers wish to avoid a
repetition of this particular form of visual blight.
Oueck Colorado Properties wishes to develop its property as a planned retail/
commer�ial center serving a community-wide market rather than a neighborhood-
spacific one. In addition, they wish to take advantage of the property's prom-
inant location on College. Therefore, we r�quest the zoning district most ap-
propriate ta that location, i.e., HB, Highway Bus�ness, with P.U.D, condition.
3. The City Land Use Policies support the request for zoning this property HB,
Highway Business, P.U.D, condition.
EXPLANATION: Specific policies, listed below, actively support the HB zoning
for this location.
Policy 3A: "The City shall promote maximum utilization of the land within the
� City."
Explanation: The property is situated on the East side of South College Avenue
U.S. State Highway 287, the major N-S traffic artery of the City. Highest and
best uses for land in this high exposure location are commercial/retail uses as
permitted in the HB P.U.D. Zoning District, planned as a unit, while still pro-
tecting proposed residential areas to the East. These uses represent the max-
imum use of the land in accordance with this City policy.
Policy 3d: "The City shall promote the location of residential development which
is close to employment, recreation and shopping facilities."
Explanatfon: This property will be integrated with the adjacent 400+ acre
Provincetowne Master Plan which comprises residential, industrial, open space,
retail and business service uses. This property will thus endorse this City
policy by locating shopping and employment facilities close to residential
development.
Policy 21: "Al1 lands of commercial development, including convenience, neigh-
borhood, community and regional shopping which have significant negative trans-
portation impacts on South College Avenue will be discouraged from gaining their
primary access from College Avenue."
Explanation: Commercial development appropriate to HB Zone with P.U.D, condi-
tion on this property would endorse this City policy by taking its primary
� access from Province Avenue, a collector street that links South College
Avenue.
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SUBMISSION INFORMATION
ANNEXATION AND ZONING
PaS�P 3
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Policy 69:"Regional/community shopping centers should locate in areas which are
easily accessible to existing or planned residential areas."
Explanation: This property in an HB Zone with P.U.D, condition and developed
�s a regional/community shopping center would be easily accessible to planned
resident�aa areas to the East (Provincetowne Master Plan} and to the West (Del
Webb Ma�ter Plan). It would be easily accessibte to existing residential areas
to the North and the South. Thus in serving consumer demands from a community
as a whole, or a larger more regional area, this property if so zoned and de-
veloped would endorse this City policy.
Policy 70: "Regional/community shopping
tion facilities that offer the required
allowed to create demands which exceed
transportation network of the City."
centers should locate near transporta-
access to the center but will not be
the capacity of the existing and future
Explanation: Locating a regional/community shopping center on this property
with its excellent transportation faciiities, endorses this City policy. A
signalized intersection at South College/Province Avenue would control to
acceptable standards additional demands on the transportation network.
Policy 72: "Regional/community shopping centers should locate where they can
be served by public transportation."
Explanation: Locating a regional/coRununity shopping center on this property,
suitably zoned HB, with P.U.D, condition, would place it close to the Trilby
Road bus depot and thus be easily served by public transportation.
4. The Land Development Guidance System, as a tool for the implementation of the
City Land Use Poldcies, Goals, and Objectives, gives support to the request for
zoning this property HB, Highway Business, with P.U.D, condition, through the
points charts.
EXPLANATION: Points Chart C covers a cluster of retail and service establish-
ments designed to serve consumer demands from the community as a whole or a
larger area. Points Chart D covers those retail and wholesale commercial ac-
tivities which are generally considered and typically found along highways and
arterial streets. �
Points Chart E covers those activities which are predominatly retail, office,
and service uses which would not qualify as or be part of a neighborhood or
community/regional shopping center.
The range of these uses is consonant with HB, Highway Business District, with
P.U.D, condition, zoning requested by the applicant. Until a specific design
is evolved, it is not possible to compute points against the activity criteria.
However, the criteria of the three relevant points charts can be addressed in
general and used as substantiation for the requested zoning as follows:
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(a) The property will gain its primary vehicular access off a street other �
than College Avenue.
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SUBM I SS I ON I NFCt�MAT10N �
ANNEXATION AND ZONING
Page 4
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cxplanation: The property is situated at intersection of College and
Province Avenue, a collector street from which primary access will be
made.
(b) ine property is located other than at the intersection of two arterial
streets.
Explanation: It is located at College {arterial} and Province (collector).
(c) �he project is on more than two acres of land.
Explanation: The property developed as a unified planned center is on over
20 acres of land.
(d) The project contains two or more significant uses.
Explanation: The property developed as a unified planned center will have
a mix of commercial uses, e.g., retail, restaurant, offices, etc.
(e) Contiguity to tran5it route.
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Explanation: The property will be developed as part of the Provincetowne
Master Plan by Dueck Colorado Properties. Transit routes are planned to
service this 400 acre community and to link up with the subject property
on College Avenue. Trilby Road bus depot is contiguous to Provincetowne.
(f) Contiguity to urban development.
Exptanation: The property, as stated, will be developed as part of
Provincetowne Master Plan. This is currently being develoRed to urban
levels for water, sewer, streets, open space and police services. The
subject property is contiguous and integrated into this development.
(g) Energy conservation measures.
Explanation: In developing the property we are committed to energy con-
servation measures currently enforced by the State Energy Code.
(h) Part of a shopping center, office or industrial park.
Explanation: The property will be developed as a planned retail/cor�ner-
cial center to serve consumer demands from the community as a whole or a
larger area. The developer seeks to create a well designed project with
strong market and aesthetic appeal, that will be a credit to the commun-
ity as a whole.
5. It is the Land Development Guidance System for Planned Unit Developments, 118-83,
adopted by Ordinance �44, 1982, that governs the design and land uses of prop-
erties, within an HB, Highway Business District with P.U.D, condition.
� �XpLANA710N: The following excerpts from the LDGS Manual encourages the devel-
oper to believe that Planned Unit Developments in the Highway Business District
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SUBMISSION INFORMATION
ANNEXATION AND ZONING
Page fi
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Zoning, will be both well designed for its users and operators and economically
responsive to market conditions; that it is the specific design and land use
issues which are the heart of the matter and that given the controls of the
LDGS zoning is now a predetermined imposition of land uses which are often seen
as arbitrary and unsazisfactory in hindsight; that in this request, given the
uncertain status of zo�ing, we should advocate the highest and best land use
zoning consistent with the property's location and the controls of the Land
Development Guidance System Planned Unit Development Process:
The purpose of the L.D.G.S, is to g�ve land owners considerable flex-
ibility in developing their property, as long as the project conforms
to certain general criteria designed to protect and improve the health,
safety, convenience and general welfare of the people of Fort Collins.
(The Concept, lA)
The development potential of any particular site will be evaluated on
its own merits -- size, shape, location, natural features and site
concept development -- rather than according to predetermined zoning
district classification.
(The Concept lA)
The City should encourage larger scale development on the periphery
of the City....
(Assumptions 5)
The private market is in a better position to determine the appro-
priate location of....regional/community shopping centers than the
City of Fort Collins.
(Assumptions 6)
The City should be concerned with the performance of particular
uses other than their location on a zoning map.
(Assumptions 6)
6. The HB� Highway District Zone, with P.U.D, condition, is perceived by commer-
cial developers throughout the United States, as the most apt zoning for prop-
erty located adjacent to the major arterial (a State Highway) in the City.
EXPLANATION; The commercial development community understands, without equi-
vocation, that Highway Business relates to automobile-oriented land uses, and
therefore perceives this as the obvious and correct zone for the property situ-
ated as it is on the major arterial in the City. Anyone in the United States
development business understands this. Conversely, Business District Zoning,
with associated neighborhood designation is perceived as inappropriate, ad-
jacent to the major City arterial. Out-of-state, prospective developers and
investors unfamiliar with the nuances of the "points" system, may respond
negatively foreseeing complications and delays in the planning process with the
result that they are turned off from investing in Fort Collins.
CONCLUSION
For the above reasons
Collins and zoned HB,
we request that property be annexed to the City of Fort
Highway Business with Planned Unit Development condition.
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Tony Hughes
• • REC�IVE�
• February 17, 1987
Mr. Kenneth G. Waido and
The Planning and Zoning Board of
The City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80521
�'EB 18 1987
FLANf�iNG
DEPARTMENT
RE: The Propo�ed Annexation and Zoning for Dueck Colorado
Properties, I,td., Case Number #�-87,p
Dear Mr. Waido and Board Members:
We are responding to your letter dated February il� 198�,
regarding the rezoning of the 20.1 acres north of Benson
Lake along the east side of College Avenue. We would like
to attend the meeting in person on February 23rd, but we
have a conf lict that evening. It is necessary for us to be
at Loveland High School for the registration process for our
son for high school in the Thompson R2J 5chool District.
One of our rnajor concerns with this land being zoned highway
business is that it will encourage and make possible more
businesses similar to those found along the highway just north
. of the area affected by this proposal. Many of the businesses
in the northern area are open only for a few months. Then the
buildings set empty and become prime targets for vandalism.
Some of the businesses are not very conducive to a moral commu-
nity; such as, at one time there was a topless bar, which is
now a bar with lingerie shows. A large percentage of the
businesses deal in used merchandise (flea markets, used furni-
ture� used bikes, etc.). This has a tendency to draw less
affluent people to the area. We would like to make it clear
that we are not condemning these businesses.
The Trilby Heights area needs a positive cornmunity appearance
to help it grow and not regress into a"run down•• area of
Fort Collins or Larimer County. If the reasoning behind the
rezoning is to promote area growth and improvement� why not
zone it single family residential with "middle class" pro-
tective covenants.
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Another of our concerns is that approximately two years ago�
there was a meeting at Good Samaritan Retirement Village
called by the Sheriff's Department to which all area residents
were invited. At that meeting, Investigator David M. 5hipley
informed us that the area on Highway 287,from Trilby northward
approximately one and a half mile� was the highest non-violent
crime area in Larimer County for crimes such as breaking and
entering and vandalism. We don't believe we need to encourage
Zoning Proposal • 2 • 2_17_g7
this kind of environment and atmosphere. Since the area is so
far from normal patrol areas by the City Police� what are your
plans for protection and law enforcement in the area? �
Even if we could be assured of high quality businesses in
the area, the situation would still only be marginal, at best.
In summary, we do not believe highway business would promote
the appropriate type of growth of the area; and w� therefore.
are registering our o��osed opinion in this matter, and
request that you deny this petition for annexation and re-
zoning.
Sir.cerely,
i�z�'l �' � �_
Kenneth Gene Becker
��.� �--�.��
Pamel� Sue Becker
209 Gary Drive
Fort Collins, CO 80525
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