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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2022 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 18, 2022 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 010, 2022, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timber Lark Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District and Lighting Context Area Map. 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 2021-093. The purpose of this item is to apply zoning to the property included in the annexation, known as the Timber Lark Annexation, located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road. The proposed zoning for this annexation is Low Density Mixed-Use Neighborhood (L-M-N). The surrounding properties are existing residential land uses currently zoned FA -1 (in Larimer County) to the south, and Residential Low Density (RL) to the west. The abutting City limits to the nort h and adjacent city limits to the east are zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends placement into the Residential Neighborhood Sign District, and Lighting Context Area map. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation conforms to the larger surrounding area of existing single -family residential homes. The surrounding land uses are as follows: Zoning Land Use N Low Density Mixed-Use Neighborhood (LMN) Existing Residential S FA-1 County Existing Estate Residential E Low Density Mixed-Use Neighborhood (LMN) Existing Residential W Residential Low Density (RL) Existing Residential The requested zoning for this annexation is Low Density Mixed-Use Neighborhood (L-M-N). The requested zoning is based on the future land use policy direction in the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Agenda Item 10 Item # 10 Page 2 City of Fort Collins Structure Plan Mixed Neighborhoods: Principal Land Use: Single-family detached homes, duplexes, triplexes, and townhomes. Supporting Land Use ADUs, small scale multifamily buildings, small-scale retail, restaurants/cafes, community and public facilities, parks and recreational facilities, schools, places of worship. Density Between five and 20 principal dwelling units per acre (typically equates to an average of seven to 12 dwelling units per acre). Opportunity to provide alternatives to the more typical single-family detached homes or apartments available in Fort Collins, such as duplexes, townhomes and ADUs. Higher densities are more likely to support higher - frequency transit service and additional neighborhood services in adjoining districts. Specific opportunities should be explored as part of future subarea and neighborhood planning. Where greenfield opportunities remain, new Mixed-Neighborhoods should be required to provide a mix of housing options. The Structure Plan map shows the area within the Timber Lark property as mixed-neighborhoods designation (Attachment 4). The proposed zoning includes Low Density Mixed-Use Neighborhoods zone area. The Structure Plan future land use designation represent general citywide policy guidance. The Land Use Code does not include zoning to reflect these new designations in City Plan. The Fossil Creek Reservoir Area Plan (FCP) (Attachment 5) reflects more detailed and specific land use policy guidance than City Plan. The proposed Timber Lark zoning is based on the future land use desi gnations in the FCP Framework Plan map. Fossil Creek Reservoir Area Plan The Fossil Creek Reservoir Area Plan supports the development of new neighborhoods that are conducive to walking, bicycling and transit use, and that provide an internal mix of use s and housing types. Consistent with City Plan policies, the Land Use Framework Plan promotes these community design objectives and provides for a mix of residential neighborhoods. Proposed neighborhoods are arranged on a street network that enables pedestrian and bicycle connections, and each is focused on a neighborhood center combining elements such as a park, school, community facility, or small-scale neighborhood-oriented commercial facilities. The Fossil Creek Reservoir Area Plan includes a future land use designation within the Timber Lark property of Low Density Mixed-Use Neighborhood (L-M-N). This designation reflects the policy direction of the plan for a higher density mixed-use neighborhood within walking distance to the neighborhood commercial center located approximately ¼ mile to the north of this property. Staff finds that the proposed Timber Lark L-M-N zoning is consistent with the City Structure Plan and Fossil Creek Reservoir Area Plan future land use policy direction. Sign District Staff recommends that the property located in the L-M-N zone district would be placed within the Residential Neighborhood Sign District. The Sign Districts are established for the purpose of regulating signs for non - residential uses in areas of the community where the predominant character of the neighborhood is residential. Lighting Context Area On March 26, 2021, the City adopted a new exterior lighting standards and established Lighting Context Areas that correspond to the City’s zone districts. The corresponding district identified by Table 3.2.4-1 of the City’s lighting code is LC1. As part of this item, staff recommends placement of the property into the LC1 Lighting Context Area. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will Agenda Item 10 Item # 10 Page 3 also trigger the transition of law enforcement from Larimer County Sheriff to For t Collins Police Services. Water utility services will continue to be provided by the Fort Collins Loveland Water District, and wastewater utility service will be provided by the South Fort Collins Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 16, 2021, meeting, the Planning and Zoning Commission voted 5 -0 to recommend approval of the annexation and recommend that the property be placed in the Low Density Mixed -Use Neighborhood (L-M-N) district, and that the property be included in the Residential Neighborhood Sign District, and the LC1 Lighting Context Area. Since the item remained on the Planning and Zoning Commission’s consent calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 23, 2021, for the proposed annexation and zoning. ATTACHMENTS 1. Vicinity Map (PDF) 2. Petition (PDF) 3. Annexation Map (PDF) 4. Structure Plan (PDF) 5. Fossil Creek Reservoir Area Plan Map (PDF) 6. Zoning Map (PDF) 7. Powerpoint Presentation (PDF) BACONELEMENTARY GODDARDSCHOOL E Trilby Rd S Timberline RdS County Road 11FUTURE FOSSILLAKE PARKSOUTHRIDGEGOLFCOURSESOUTHRIDGEGOLF COURSE Timber Lark AnnexationVicinity Map Printed: December 06, 2021 © Timber LarkAnnexation Area ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT “A” LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West 2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feet to a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to the Point of Beginning, County of Larimer, State of Colorado EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer County records. ATTACHMENT “D” TIMBER LARK RESIDENTIAL ANNEXATION NARRATIVE 4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. The property is located approximately 600 feet northwest of the Timberline Road and Trilby Road intersection. The property is adjacent to the Linden Park subdivision to the north, the Union Pacific Railway to the west, large estate lots to the south, and Timberline Road and another large estate lot to the east. The entire north and west boundaries of the property, as well as the portion of the east property boundary that is adjacent to Timberline Road, are contiguous with the boundaries of the City of Fort Collins. The owner of the property described in the Timber Lark Residential Annexation requests to be annexed into the City of Fort Collins in order to develop their property. The historical use of the property has been rural and undeveloped, but now that other recent developments have occurred in the vicinity, the owner recognizes that the development of this property, consistent with Low Density Residential is the best use of the land. The property is located within the City’s Growth Management Area (GMA) and therefore, is subject to the Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County. The IGA requires that before urban development of the property can occur it must be annexed into the City. The boundary of the GMA, together with the IGA, verifies that the City and County agree that the property should be annexed prior to development. The applicant agrees that this is both appropriate and desirable. 4(h) A description of the zoning classification being requested and any condition requested for that zone district classification. The Applicant is requesting a zone district classification of Low-Density Mixed Use (LMN), in accordance with the Structure Plan. There are no conditions requested at this time. 4(i) A statement of consistency of the requested zoning to the Structure Plan. The Structure Plan identifies the Timber Lark property as a Mixed Neighborhood place type. Characteristics of a Mixed Neighborhood includes a variety of housing types such as single-family detached homes, duplexes, triplexes, and townhomes with a density between five and 20 dwelling units per acre. The supported housing types and density proposed in the Structure Plan is indicative of a Low Density Mixed-Use (LMN) zoning designation, where the purpose statement suggests that the main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. The LMN district requires a minimum average density of three (3) dwelling units per net acre for properties over 20 acres and a maximum density of nine (9) dwelling units per gross acre, which is consistent with the requirements of the Structure Plan. (R) WEST 473.48'(M) N89°55'35"W 473.60'S. TIMBERLINE ROAD(PUBLIC ROW VARIES)FND #4 REBARNO CAPFND #4 REBARW/OPC, ILLEGIBLEBEARS N00°03'41"E, 0.73'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)FND #4 REBARNO CAPFND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARNO CAPFND NAIL & BRASSTAG, LS 28286FND NAIL & BRASSTAG, W.C.FND #4 REBARNO CAPFND #4 REBARNO CAPFND #4 REBARNO CAPFND #4 REBARW/OPC, LS 25372BEARS N00°03'41"E, 1.15'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)FND #4 REBARW/OPC, LS 25372BEARS N00°03'41"E, 1.47'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)SOUTHEAST CORNER SECTION 7-T6N-R68W314" ALUMINUM CAPIN MONUMENT BOXPLS 16847EAST 1/4 CORNERSECTION 7-T6N-R68W314" ALUMINUM CAPON #6 REBAR, LS 34995ANNEXATION AREA1,532,128 sq. ft.35.173 ac.(R) N00°25'W 695.01'(M) N00°16'28"W 695.56'(R) EAST 2488.16'(M) S89°54'13"E 2487.85'(M) S00°10'54"W 234.15'(R) SOUTH 235.00'(M) N89°55'33"W 423.01'(R) WEST 423.48'(M) S00°08'03"W 459.97'(R) SOUTH 460.00'(M) N89°56'19"W 2059.68'(R) WEST 2059.56'UNION PACIFIC SOUTH4TH ANNEXATIONKEATING ANNEXATION NO. 2WESTCHASE ANNEXATION NO. 1(REC. NO. 2002000261)S89°53'53"E50.00' (TIE)S89°53'53"E50.33' (TIE)N00°06'07"E 2615.81'UNINCORPORATEDUNINCORPORATED1296.42'234.15'UPRR 300' ROWFND #4 REBARW/OPC, ILLEGIBLE(TRACT B OF EXEMPTION PLATRECORDED IN BOOK 2113, PAGE 1682)459.94'(R) NORTH 624.80'(M) N00°06'07"E 625.29'POINT OF BEGINNINGROW DEDICATEDBOOK 2117, PAGE 226NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.EHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.comNORTHTO THE CITY OF FORT COLLINSA TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADOTIMBER LARK ANNEXATION1SURVEYOR'S STATEMENTI, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby state that this map of land proposed to beAnnexed to the City of Fort Collins, County of Larimer, State of Colorado was prepared under my direct supervision from existingdocuments of record, and that the same is true and correct to the best of my knowledge, information and belief.I further state that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous to the boundary line ofthe City of Fort Collins, County of Larimer, State of ColoradoRobert C. TesselyColorado Registered ProfessionalLand Surveyor No. 38470For and on behalf of Northern Engineering Services, Inc.DESCRIPTION:A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which consideringthe East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundarylines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feetto a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to thePoint of Beginning, County of Larimer, State of ColoradoEXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer Countyrecords.The above described tract of land contains 1,532,128 square feet or 35.173 acres, more or less, and is subject to all easements and rights-of-waynow on record or existing.ANNEXATION:Total Perimeter ................................................ 6360.22 feetContiguous Boundary ...................................... 3417.55 feetMinimum Contiguous Feet Required .............. 1060.04 feetINDICATES CURRENT CITY OF FORT COLLINS BOUNDARY LINE =APPROVED:This plat to be known as TIMBER LARK ANNEXATION to the City of Fort Collins, County of Larimer,State of Colorado by Ordinance No. , passed and adopted on final reading at a regularmeeting of the City Council of Fort Collins, Colorado held on the day of , 20 ..City ClerkAPPROVED AS TO FORM:_______________________________________________City EngineerNOTES:1) This plat and description show the boundary of the area to be annexed to the City of Fort Collins. the plat anddescription were prepared using existing Annexation Maps, Deeds and the City of Fort Collins section corner database.The section corner database is based upon the City of Fort Collins coordinate base. The existing bearings and distances asshown on the previously recorded Annexation Plats and Deeds have been changed to facilitate closure with the current citysection corner database.2)The Basis of Bearings is the East line of the Southeast Quarter of Section 7, Township 6 North, Range 68 West of the6th P.M. as bearing North 00°06'07" East, and monumented as shown on drawing.3) The lineal unit of measure for this survey is U.S. Survey Feet.11-3-21VICINITY MAPNORTHS. TIMBERLINE RD.E. TRILBY RD.SITEBOUNDARY LINEPROPERTY LINEFOUND PROPERTY CORNERAS DESCRIBEDSECTION LINEFOUND SECTION CORNERAS DESCRIBEDRIGHT-OF-WAY LINEMEASURED BEARING/DISTANCE(M)RECORDED BEARING/DISTANCE(R)S:\Survey Jobs\698-004\Dwg\Annexation\698-004 ANNEXATION.dwg, 11/3/2021 9:31:50 AM, 1:1ATTACHMENT 3 BACONELEMENTARY GODDARDSCHOOL S County Road 11S LemayAveE Trilby Rd FUTURE FOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLF COURSE FOSSIL CREEKCOMMUNITYPARK FUTUREBACONPARK NeighborhoodMixed UseDistrict Single FamilyNeighborhood Parks andNatural/ProtectedLands RuralNeighborhood MixedNeighborhood Timber Lark AnnexationStructure Plan Printed: December 06, 2021 © Growth Management Area Boundary City LimitsStructure Plan TYPE Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Timber LarkAnnexation Area ATTACHMENT 4 Timber Lark Annexation – Fossil Creek Reservoir Area Plan Map ATTACHMENT 5 BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLF COURSESOUTHRIDGEGOLF COURSE FOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK UE RL RL POL MMN LMN POL UE POL UE UE MMN LMN NC Timber Lark AnnexationZoning Map Printed: December 06, 2021 © Growth Management Area Boundary City Limits Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Urban Estate (UE) Timber LarkAnnexation Area ATTACHMENT 6 City Council Hearing - 1/18/2022Timber Lark Annexation and Zoning Pete Wray, Senior City PlannerATTACHMENT 7 2SPRINGER-FISHER ANNEXATION NO. 1 AND 2:ƒRequest for voluntary annexation/zoning for the Timber Lark parcel #8607400003, to include a total of 35.17-acresƒAnnexation is contiguous to municipal boundariesƒProposed zoning –Low Density Mixed-Use Neighborhood (L-M-N), consistent with Structure Plan and Fossil Creek Reservoir Area Plan land use mapsƒCity Council Initiating Resolution Hearing (12/7/21)ƒPlanning and Zoning Commission Hearing (12/16/21) – voted (5–0) on consent for recommendation of approvalTIMBER LARK ANNEXATION Site Area3 4Site ContextSiteSite 5I-25Structure Plan –Mixed Neighborhood Land Use Designation 6I-25Timber Lark Annexation and ZoningFossil Creek Reservoir Area Plan Low Density Mixed-Use Neighborhoods Land Use Designation (LMN) 7I-25Existing Zoning 8I-25AnnexationMap -1- ORDINANCE NO. 010, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE TIMBER LARK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP AND LIGHTING CONTEXT AREA MAP WHEREAS, on February 15, 2022, the City Council adopted on second reading Ordinance No. 009, 2022, annexing to the City of Fort Collins the property known as the Timber Lark Annexation (the “Property”); and WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Commission, at its meeting on December 16, 2021, voted 5-0 to recommend zoning the Property as Low Density Mixed Use Neighborhood (L-M-N), as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the Low Density Mixed Use Neighborhood (“L-M-N”) zone district the Property more particularly described as: -2- A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West 2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feet to a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to the Point of Beginning, County of Larimer, State of Colorado EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer County records. The above-described tract of land contains 1,532,128 square feet or 35.173 acres, more or less. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(M) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the Lighting Context Area Map adopted pursuant to Section 3.2.4(H) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the LC1 Lighting Context Area. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 18th day of January, A.D. 2022, and to be presented for final passage on the 15th day of February, A.D. 2022. __________________________________ Mayor ATTEST: __________________________ City Clerk -3- Passed and adopted on final reading on the 15th day of February, A.D. 2022. __________________________________ Mayor ATTEST: __________________________ City Clerk