Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/21/2003 - SECOND READING OF ORDINANCE NO. 129, 2003, AMENDIN ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: October 21, 2003 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT Second Reading of Ordinance No. 129,2003,Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Vineyard Rezoning. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on October 7, 2003, rezones a portion of a tract of land located at the northeast corner of East Vine Drive and I-25. This parcel is 78.6 acres in size and is currently zoned I—Industrial. The rezoning will rezone the eastern 43.8 acres of land from Industrial to Urban Estate residential, the remaining 34.8 acres of land adjacent to I-25 would remain zoned industrial. The parcel is designated as part of the I-25 Special Corridor Study on the City of Fort Collins Structure Plan and Urban Estate on the recently adopted I-25 Subarea Plan. ORDINANCE NO. 129, 2003 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 VINEYARD REZONING 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, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that the said property should be rezoned as hereafter provided; and WHEREAS,the Council has further determined that the proposed rezoning is 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, to the extent applicable,the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE,BE TI' ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of theLandUse Code is hereby amended by changing the zoning classification from "I", Industrial Zone District, to "UE", Urban Estate Zone District, for the following described property in the City known as the Vineyard Rezoning: ALL THAT PART OF THE TRACT DESCRIBED IN DEED AT RECEPTION NUMBER 2000027092 OF THE LARRAER COUNTY, COLORADO RECORDS THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN DEED RECORDED AT BOOK 1838 AT PAGE 938 OF THE LARRvIER COUNTY, COLORADO,RECORDS AND CONSIDERING THE SOUTHWEST LINE OF SAID PARCEL TO BEAR NORTH 47'52' 00" WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 47°52' 00"WEST ALONG SAID PARCEL BOUNDARY LINE A DISTANCE OF 470.00 FEET;THENCE NORTH 61'53' 30"EAST CONTINUING ALONG SAID PARCEL BOUNDARY LINE A DISTANCE OF 442.37 FEET TO A POINT ON THE EAST BOUNDARY LINE OF THE AFORESAID TRACT DESCRIBED IN DEED AT RECEPTION NUMBER 2000027092; THENCE ALONG THE BOUNDARY OF SAID DESCRIBED TRACT THE FOLLOWING FIVE COURSES: 1. THENCE NORTH 00°05' 34" WEST A DISTANCE OF 158.83 FEET; 2. THENCE SOUTH 89'32' 23"EAST A DISTANCE OF 1040.00 FEET; 3. THENCE NORTH 00° 05' 34" WEST A DISTANCE OF 879.00 FEET; 4. THENCE NORTH 67` 4l' 06" WET A DISTANCE OF 1050.00 FEET; 5. THENCE NORTH 63° 36' 06"WEST A DISTANCE OF 495.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED AT RECEPTION NUMBER 89006985 OF THE LARIMER COUNTY RECORDS; THENCE ALONG SAID PARCEL BOUNDARY THE FOLLOWING TWO COURSES: 1. THENCE SOUTH 00° 21" 00" WEST A DISTANCE OF 868.97 FEET; 2. THENCE NORTH 89` 39' 00" WEST A DISTANCE OF 70.00 FEET; THENCE SOUTH 00° 29' 19" WEST A DISTANCE OF 1300.10 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF THE AFORESAID TRACTDESCRIBED INDEED AT RECEPTION NUMBER 2000027092;THENCE SOUTH 89° 32' 23"EAST ALONG SAID SOUTH TRACT LINE A DISTANCE OF 421.22 FEET,MORE OR LESS,TO THE POINT OF BEGINNING. CONTAINING 43.87 ACRES,MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is not included in the Residential Neighborhood Sign District. Section 3. 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 7th day of October, A.D. 2003, and to be presented for final passage on the 21st day of October, A.D. 2003. Mayor -=- A EST: City Clerk Passed and adopted on final reading this 21st day of October, A.D. 2003. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 34 FORT COLLINS CITY COUNCIL DATE: October 7, 2003FROM: Bob Barkeen SUBJECT : First Reading of Ordinance No. 129, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Vineyard Rezoning. RECOMMENDATION: Staff recommends adoption o e Reso tion d the Ordi nce on First Reading. On August 21, 2003, the Planning and Zom gLBoard 4- o approve the rezoning. EXECUTIVE SUMMARY: This is a request to rezone a portion of a tract of land located at the northeast corner of East Vine Drive and I-25. This parcel is 7 s i iz an a zo ed I—Industrial. The proposed rezoning would rezone the ea s 43.8 es o n ro At dl to Urban Estate residential,the remaining 34.8 acres of lan djacen o I2 reoned industrial. The parcel is designated as part of the I-25 Sp jaLeo ud n thf Fort Collins Structure Plan and Urban Estate on the recently adopted I-25 Subarea Plan. The rezoning request is consistent with the recently adopted I-25 Subarea Plan. This plan designates the land 1/4 mile east of I-25, north of Vine Drive, as Urban Estate Residential. The Urban Estate zone district permits up to two residential units/acre. The purpose of the I-25 Subarea Plan is to provide a mix of housing and employment uses along I-25, and provide a transition of density and land use intensity from the area directly adjacent to I-25 to the rural character outside of the City's Urban Growth Area in Larimer Count . FINDINGS and ANALYSIS... � 0 Py 1. Background: A. The surrounding zoning and land uses are as follows: N: I; Undeveloped S: I/FA1 (County); Undeveloped/Agriculture E: FAI(County); Undeveloped/Agriculture W: I; Undeveloped The property was annexed as part of the Front Range Farms II Annexation in January, 1988. DATE: c o er ITEM NUMBER: 34 2. Ouasi-Judicial Rezoning_ The properties included within the rezoning petition are less than 640 acres. Therefore,the rezoning is considered a quasi-judicial rezoning. In order for the Planning and Zoning Board to recommend approval of a rezoning to the City Council, the following criteria shall be met: A. Consistent with the City's Comprehensive Plan: The requested UE zoning is consistent with the recently adopted I-25 Subarea plan. This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this parcel as Urban EstateCti to Zo District permits residential up to two-units/acre. and/or B. Warranted by change in the neighborhood surrounding and including the subject property The area south of this site will be developing into low-density residential at approximately 1.8 units/acre. This parcel is in the process of being annexed and zoned Urban Estate. The Structure Plan designation for this project is Urban Estate. The proposed rezoning is much more compatible with the e f de opm n hap exiipg Industrial designation. The rural densities east of t site wi n L e o ty a anticipated to remain, or, possibly develop within the de ty permi dun t -1 zo district in Larimer County,which is currently one unit/2. re C. Additional Consideration for Ouasi-Judicial Rezonings: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may consider the following additional factors: 1. Whether and the extent to which the proposed amendment is compatible with existing and ro ose 1dses urroundin the ssWiect7Iand and is the appropriate zone district for the land: The area east of - 5"has a rural ch ter and density. Much of the land is used for farming. The Urban Estate provides one of the lowest maximum densities of the City zone districts, a maximum of two units/acre. The land to the east of the site is zoned FAI in Larimer County, which would permit a residential density less than that of Urban Estate. The proposed UE zoning will provide greater compatibility with the area than the existing Industrial zoning. 2. 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,noise, air, stormwater management,wildlife, vegetation wetlands and the natural functioning of the environment. DATE: ITEM NUMBER: 34 The parcels are not included within a mapped natural habitat area,nor does it appear they contain any wetlands or other environmentally sensitive areas which would be impacted by future development of the site. The I-25 corridor plan does not envision any open space along this portion of the corridor. The site is adjacent to the Boxelder Creek floodplain, which may warrant future study when a project development plan is proposed. 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The Urban Est e�^zoge striswi -p A a t�nsition from higher intensity industrial lands the wes and the ex-sti ru land use east of the site in Larimer County. This zoning will' rovid a f,�eathering of densities outward from the higher intense uses internal-to Fort,Collins?to the ruraltland outside of the urban growth area. 3. Request for UE—Urban Estate District Zoning The applicant initially filed a rezoning petition with the City on January 8, 2003. The current request is to rezone 43.8 acres acres from I to UE. The property is undeveloped. The purpose of the UE Zoning is $$r,o�vide "sett' r a. r do ' ance of low-density and large- lot housing. The main purposCC, �li ct a o kn I e e presence of the many existing subdivisions which have devin ese u ncti as parts of the community and to provide additional locations ar ve m t, typical in transitional locations between more intense urban development and rural or open lands. 4. Neighborhood Response: The Current Planning Department has received several letters from adjacent businesses concerned over the rezoning from I- Industrial to UE — Urban Estate Residential. These letters have been attached to this report. They are concerned that future residential will have children which may be drawn to these properties which use heavy equipment and semi-truck as part of their daily operations, thus creating a saf ty7iaz4ar0ent ° ""ig}r o 'so compatibility issues from permitting single family re si tial adjs ed i drTstrial uses which generate noise during the early morning hou nd throe y. FINDINGS OF FACT/CONCLUSIONS After reviewing the Vineyard rezoning, File#2-03, staff makes the following findings of fact and conclusions as explained above: 1. The subject property for the Vineyard Rezoning is designated on the I-25 Subarea Plan, an element of the City's Comprehensive Plan as Urban Estate Residential. 2. The proposed plan amendment will promote the public welfare and will be consistent with the visions, goals, principles and policies of City Plan and the elements thereof. 3. The rezoning request is consistent with the existing land use established within the area, particularly outside of the Urban Growth Management Area.