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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/06/2004 - FIRST READING OF ORDINANCE NO. 003, 2004 AMENDING ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: January 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT First Reading of Ordinance No. 003, 2004, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the East Ridge Rezoning. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This is a request to rezone 159 acres of land located east of Timberline Road and south of East Vine Drive. The proposed zoning for the entire property is LMN — Low Density Mixed-Use Neighborhood district. The property is currently zoned T—Transition.This zoning was adopted on the property at the time the property was annexed. The property is designated as LMN on the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. The rezoning request is consistent with the recently adopted East Mulberry Corridor Plan.This plan designates this parcel as LMN. The LMN zone district permits a variety of residential uses, including single family,single family attached(townhomes)and multi-family residential at a density range of 5 to 8 units/acre. Churches, community facilities and neighborhood centers are permitted within the LMN zone district as well. The East Ridge Rezoning was presented to the Planning and Zoning Board at the December 4,2003 Planning and Zoning Board hearing.The Planning and Zoning Board recommended approval of the rezoning to the City Council on the consent agenda. FINDINGS and ANALYSIS 1. Background: A. The surrounding zoning and land uses are as follows: N: FA1 (County); Undeveloped S: I (County); Gravel Mine W: O/I (County); Mobile Home Community/Railroad Yard E: LMN; Undeveloped The property was annexed as part of the East Ridge Annexation in January, 2002. January 6, 2004 -2. Item No. 11 2. Quasi-Judicial Rezoning: The property included within the rezoning petition is less than 640 acres and, is therefore, considered a"Quasi-Judicial Rezoning."In order for the Planning and Zoning Board to recommend approval of a rezoning to the City Council, one or both of the following criteria shall be met: A. Consistent with the City's Comprehensive Plan: The requested LMN zoning is consistent with the recently adopted East Mulberry Corridor Plan. This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this parcel as LMN. B. Warranted by chanee in the neighborhood surrounding and including the subject property_ The property is currently zoned T—Transition. This is a"holding zone" and is intended for properties upon which there are no specific and immediate plans for development.The only permitted uses are those that were existing at the date the property was placed into this district. At the time the property was annexed into the City, the Advance Planning Department was developing the East Mulberry Corridor Plan. Since the plan had not been adopted when the property was annexed, staff recommended the property be zoned Transition until the adoption of the East Mulberry Corridor. With the adoption of the East Mulberry Corridor Plan, the Transition zone district is no longer applicable. 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 existine and proposed uses surrounding the subject land and is the appropriate zone district for the land: The area east of this property was recently rezoned to LMN.An overall development plan(Whitham Property)has also been proposed on the property.This ODP includes uses permitted within the LMN zone district,including single family,two family and multi-family residential,including a neighborhood center.The land to the west of the site is zoned FAl in Latimer County. This property is currently developed as a mobile home community. The land to the south of the site is currently zoned Industrial within Latimer County and is used as a gravel mine. However, the Fort Collins Structure Plan indicates the future use of this property to be consistent with the LMN zone district. Given the existing and future uses on the surrounding properties, the LMN zone district is compatible with these uses. January 6, 2004 -3- Item No. 11 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. The parcel includes an approximately 19-acre prairie pothole wetland. This wetland will require a buffer of 100 feet from its perimeter, consistent with Land Use Code. The site includes a number of mature cottonwood trees.These trees will be evaluated by the City Forester to determine which trees will have a significant community value, and will be preserved or mitigated pursuant to the Land Use Code. Additionally, a hawk's nest has been reported on the property. The applicant will have to provide adequate mitigation for wildlife on the property. 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The LMN zone district will provide a setting for a predominance of low-density housing combined with complimentary and supporting land uses.This development pattern is consistent with land use designation for the East Mulberry Corridor and the Mountain Vista Sub Area Plans. These plans designate the East Vine corridor as primarily a low-density residential corridor. 3. Request for LMN—Low Density Mixed Use Neighborhood Zoning The applicant initially filed a rezoning petition with the City on September 23, 2003. The current request is to rezone 159.29 acres from T to LMN. The property is undeveloped. The purpose of the LMN Zoning is to provide a"setting for a predominance of low-density housing combined with complimentary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of the neighborhood." 4. Neighborhood Response: The Current Planning Department has not received any comments from the adjacent neighborhood. A neighborhood meeting was not held for this request,rather, a neighborhood meeting will be held when the Overall Development Plan is submitted for review. The ODP will provide a master plan of the parcel,which will show residential development areas,streets,access points,open space,and a neighborhood center. FINDINGS OF FACT/CONCLUSIONS After reviewing the East Ridge rezoning, File#33-98B, staff makes the following findings of fact and conclusions as explained above: A. The subject property for the East Ridge Rezoning is designated on the East Mulberry Corridor Plan, an element of the City's Comprehensive Plan as Low Density Mixed-Use Neighborhood. January 6, 2004 -4- Item No. 11 B. 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. C. The rezoning request is consistent with the existing land use established within the area, particularly outside of the Growth Management Area. RECOMMENDATION Staff and the Planning and Zoning Board recommends that the Council adopt the rezoning ordinance on first reading to rezone the East Ridge property from T — Transition to LMN — Low Density Mixed Use Neighborhood. ORDINANCE NO. 003, 2004 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 EAST RIDGE 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 IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "T",Transition Zone District,to "LMN",Low Density Mixed Use Neighborhood Zone District, for the following described property in the City known as the East Ridge Rezoning: A TRACT OFLAND LOCATED IN TEE NORTHHALF OF SECTION 8,TOWNSHIP7 NORTH,RANGE 68 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00°17-21"W,(EAST QUARTER CORNER OF SAID SECTION 8 BEINGMARKED BY A NO.6 REBAR AND 2"ALUMINUM CAPSTAMPEDLS 7839).WITHALL OTHERBEARINGS RELATIVETHERETO; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8,S00°1721"W, 2647.52 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88°50'34"W,2285.48 FEET; THENCE N00042'47"E,56.00 FEET; THENCE N88050'34"W, 394.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD SHOWN ON THE PLAT OF INDUSTRIAL PARK INTERNATIONAL P.U.D.; BOOK 2128, PAGE 409, AS RECORDED IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ALONG SAID RIGHT-OF-WAY,N00°42'43"E,6.15 FEET; THENCE S89023'00"E,20.00FEETTOTHEEXISTINGRIGHT-OF-WAYLINEOFTIMBERLINEROAD; THENCE ALONG THE WEST LINE OF SAID RIGHT-OF-WAY,N00°42'47"E,2503.69 FEET; THENCE S88052'13"E,30.00FEET TO APOINT ONTHE WEST LINE OFTHENORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID LINE N00042'47"E, 80.00 FEET TO THE NORTH QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 3'/4"ALUMINUM CAP STAMPED LS 20123; THENCE N00042'47"E, 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S88052'13"E,2609.67 FEET; THENCE S00017'21"W,30.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT RAILROAD RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, THENCE S00017'21"W,30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N88052'13"W,2580.11 FEET; THENCE S00042'47"W,50.00 FEET; THENCE S88°52'13"E,2580.48 FEET; THENCE N000 17'21"E,50.01 FEET TO THE POINT OF BEGINNING. (TOTAL AREA OF SAID DESCRIBED TRACT IS 159.29 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 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 6th day of January, A.D. 2004, and to be presented for final passage on the 20th day of January, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of January, A.D. 2004. Mayor ATTEST: City Clerk cc MMN LMN E LMN LMN IR OUT FRI K m OPOSED(Vine S to) ---cc w 0 Z E LMN LMN r LMN o -ZURICH DR 0 0- Z 0 Z -INTERNATIONAL BLVD jI k ly R N Y r NrOLN,,,14S' U m E: Z EMULSERRYST m --FR-op4TAGERD:---=--.-=I;RONTXGERD _FRONTAGE RD #33-98A East Ridge Rezoning 10/01/03 N Type 11 (LUC) 1 inch : 1000 feet * 3 -------...............aa.IY��i!" *ezorting Parcel '.1itb+lw�'#1fa � MF ■ .ATM�......aY.....r.....r....q. •• ..1 .. ., . fix • •tu!!Ir!!.� �I��I��llu u111U■7 uuq R OWN DMICts Industrial District vtghi Jtlutf�Q�I�I,iComm unity Commercial \ Rurd Open Lands Strem C condors i• ..•\•.� •IIIIIIII � ,�.• •' I'I11111111 i� •o, Uulll i • 1iu 1111/ i ' � F�y. `�. N14.muni' � \ iy .IIB - IIIIN cc mm no* 1 ! 1 JO�OIY p11M l t !qt!'. di INii ri. d! ZM I FYI I ' J Y.E w;r' i e 1 I j 1 'f J[ + Eg �� sn�JwsJexr (OMIKi JO fLYs) ,iC'pR ■.KL�00�r�v�sw t 01 ' i Nt t oil LU �_� f 0 d IN W b W �iyg W avow 3mrIM1(LL kg It $s Jrssrrrr�r ar.aw JrJ 0 200Z/6Z/OL 'lapo;N '6Mp'�i91yxa—aU0ZaJ\20-6Z-0L 1S1\}(Jo;jnsuo3\2 v68L\ONV�\S]TU i33rOS'd\ ? CITY OF FORT COLLINS REZONING PETITION Petitioner: East Ridge of Fort Collins, LLC 4190 North Garfield Name Address Loveland, CO 80538 City, State, Zip Kent Bruxvoort, Jim Sell Design 153 W. Mountain Avenue Consultant Address Fort Collins. CO 80524 City, State, Zip Owner: East Ridge of Fort Collins, LLC 4190 North Garfield Name Address Loveland, CO 80538 City, State, Zip To the City Council of the City of Fort Collins, Colorado. I, the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel, containing 159.29 acres, more or less, from the T zoning district to the LMN zoning district: EAST RIDGE LEGAL DESCRIPTION OF PROPERTY TO BE REZONED A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'21"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S00017'21"W, 2647.52 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'34"W, 2285.48 FEET; THENCE N00042'47"E, 56.00 FEET; THENCE N88050'34"W, 394.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD SHOWN ON THE PLAT OF INDUSTRIAL PARK INTERNATIONAL P.U.D.; BOOK 2128, PAGE 409, AS RECORDED IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ALONG SAID RIGHT-OF-WAY, N00042'43"E, 6.15 FEET; THENCE S89023'00"E, 20.00 FEET TO THE EXISTING RIGHT-OF-WAY LINE OF TIMBERLINE ROAD; THENCE ALONG THE WEST LINE OF SAID RIGHT-OF-WAY, N00042'47"E, 2503.69 FEET; THENCE S88052'13"E, 30.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID LINE N00042'47"E, 80.00 FEET TO THE NORTH QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 3-1/." ALUMINUM CAP STAMPED LS 20123; THENCE N00042'47"E, 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S88052'13"E, 2609.67 FEET; THENCE S00017'21"W, 30.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT RAILROAD RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, THENCE S00017'21"W, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N88052'13"W, 2580.11 FEET; THENCE S00042'47"W, 50.00 FEET; THENCE S88052'13"E, 2580.48 FEET; THENCE N00017'21"E, 50.01 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF SAID DESCRIBED TRACT IS 159.29 ACRES MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. Reason for Request: The parcel was zoned T-Transition at its annexation, pending completion of the East Mulberry Corridor Plan. The East Mulberry Corridor Plan, now a finished work, presents a framework plan that places the property within LMN land uses. Thus, the petitioners hereby request a zoning for the property consistent with that envisioned by the City for the property through the East Mulberry Corridor plan, that is, as a LMN zoning district. The underlying rationale used by City planners, with input from the community, is accepted herein as the reason behind this zoning designation request. A listing is attached of names and addresses of all persons owning land (as per the Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezoning. Respectfully submitted, Leo J. Schuster, Member East 'da f Yort Collins LLLLCJ State of Colorado ) ss. County of Larimer ) The forgoing instrument was acknowledged before me thi4,fSAZ day of 2a9-"3 By , , Q t1�ItaeCcc, for the purpose therein set forth. ,.•••'°•+..rfy.°e, My commission expiresit� �O o2� 'f isN�Td' `• •......... o , r Ata Public East Ridge Development Rezoning Application Justification of Rezoning Request East Ridge of Fort Collins, LLC is requesting rezoning of the above-mentioned property from T-Transition to LMN-Low Density Mixed Use Neighborhood. The area of the parcel to be rezoned, 159.29 acres more or less, is the same area as annexed to the City of Fort Collins. The property is located southeast of the intersection of Vine Drive and Timberline Road. This rezoning, if granted, will be compliant with the City Structure Plan and the following standards within the Land Use Code. Consistency with the City's Comprehensive Plan The rezoning is consistent with the land use proposed for this property under the East Mulberry Corridor Plan and adopted into the City Structure Plan. The underlying rationale for establishing the land use as Low Density Mixed-Use Neighborhood as determined by City Planners in coordination with other input in preparing the East Mulberry Corridor Plan is accepted herein. Compatibility with Existing and Proposed Surrounding Uses The proposed LMN rezoning will be compatible with existing and proposed surrounding uses. To the west is the residential Collins Aire Mobile Home Park community, to the northwest is the residential Waterfield community, and the proposed land use under the Structure Plan for properties to the east and south is also LMN. Potential for Impacts to the Natural Environment The property if rezoned to LMN and developed as such will pose no significant adverse impacts to the natural environment. A wetland and some healthy trees exist on the property. Development on the property will provide required setbacks or appropriate mitigation to limit the impact to these features. Logical and Orderly Development Pattern Development under the proposed LMN rezoning will be under a logical and orderly pattern. The property has been annexed into the City of Fort Collins. Existing urban development exists to the west and to the northwest. A development proposal is underway and is expected to be submitted for a project to the east. The Waterglen neighborhood exists within City limits further to the northeast. City infrastructure exists to support the development expected to occur under the proposed LMN rezoning. Significant cost has been incurred in improving Timberline Road south of the project. JN J=tiJication ar Rezoning g c wuyrcrrru.nunmrnw naxavrrarrrrunovornemmm;rwr September 23,2003 Page/ Planning d Zoning : . . . Minutes RAFT Council Liaison: Karen Weitkunat Staff Liaison: Cameron Gloss Chairperson: Mikal Torgerson Phone: (W) 416-7435 Vice Chair: Jerry Gavaldon Phone: (H) 484-2034 Chairperson Torgerson called the meeting to order at 6:33 p.m. Roll Call: Meyer, Schmidt, Colton Craig, Carpenter, Gavaldon and Torgerson. Staff Present: Gloss, Eckman, Shepard, Olt, Jones, Barkeen, Wamhoff, Virata, Stringer, Harridan, Williams. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the October 30, 2003 Planning and Zoning Board Hearing. 2. Resolution PZ03-11, Easement Dedication. 3. Resolution PZ03-12, Easement Dedication. 4. Resolution PZ03-13, Easement Dedication. 5. Resolution PZ03-14, Easement Vacation. 6. #39-03 300 Smith Street, Modification of Standards. 7. #47-95D Longview Marketplace, Modification of Standards. Recommendation to City Council: 8. #33-98A Eastridge Rezoning. Discussion Agenda: 9. #18-03 Kaufman Barn, Adding a Structure to a Property with'a Non- Conforming Use. 10.#29-01A Paradigm Properties, Overall Development Plan (CONTINUED TO JANUARY 15, 2004 PER STAFF). 11.#24-94A Lindenmeier Estates PUD, Final (LDGS). Recommendation to City Council: 12.#43-02 Trailhead, Annexation and Zoning (CONTINUED TO JANUARY 15, 2004 PER APPLICANT). Chairman Torgerson acknowledged the final meeting of Member Colton's term. Vice-Chairman Gavaldon, Member Craig, and Chairman Torgerson stated appreciation for Member Colton's service. Planning and Zoning Board Minutes DRAFT December 4, 2003 Page 2 Vice-Chairman Gavaldon pulled Item #6, 300 Smith Street Modification of Standards, from the consent agenda in order to allow a letter from a neighbor to be read into the record. Chairman Torgerson asked if anyone would object to placing Item #11, Lindenmeier Estates PUD, Final LDGS on the consent agenda. Vice-Chairman Gavaldon asked to leave Item #11 on the discussion agenda. Vice-Chairman Gavaldon moved for approval of Consent Items 1, 2, 3, 4, 5, 7 and 8. Member Colton seconded the motion. The motion was approved 7-0. Project: 300 Smith Street, Modification of Standards, #39-03 Project Description: Request to modify Section 3.5.2(D)(2) of the Land Use Code to reduce the required setback along the Olive Street frontage of the property at 300 Smith Street from 15 feet to 12 feet. This request is in anticipation of an upcoming development application to redevelop the site at 300 Smith Street. The property is in the NCM — Neighborhood Conservation Medium Density zone district. Staff Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Vice-Chairman Gavaldon asked that the letter in opposition to the project be read into the record. City Planner Troy Jones gave a brief presentation of the project, recommending approval. Planner Jones paraphrased a letter received from a concerned neighbor. He stated that the neighbor does not agree with the reasons used by the applicant to justify the modification. The applicant stated the following reasons: to provide more ample private yard on the south property line, to provide additional shield from Riverside Drive traffic, and to push the garages facing Olive Street further back so they are less visible from the street. The letter argues that the yard space on the south should not be a valid argument for