HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/20/2004 - SECOND READING OF ORDINANCE NO. 003, 2004 AMENDING ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: January 20, 2004
FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen
SUBJECT
Second 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 Second Reading.
EXECUTIVE SUMMARY
Ordinance No. 003, 2004, which was adopted 6-0 (Councilmember Bertschy was absent) on First
Reading on January 6, 2004, rezones 159 acres of land located east of Timberline Road and south
of East Vine Drive from T-Transition to the LMN—Low Density Mixed-Use Neighborhood district.
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
a 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:
ATRACT OFLAND LOCATED IN THENORTHHALF 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
S00°1 T21"W,(EAST QUARTER CORNER OF SAID SECTION 8 BEINGMARKED BYA NO.6 REBAR
AND 2"ALU
MINUM CAPSTAMPED LS 7839),WITHALL OTHERBEARINGS RELATNETHERETO;
SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8,S00°17-21"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,20.00FEETTO THEEXISTINGRIGHT-OF-WAY LINE OFTIMBERLINEROAD;
THENCE ALONG THE WEST LINE OF SAID RIGHT-OF-WAY,NOO°42'47"E,2503.69 FEET;
THENCE S88052'13"E,30.00FEETTO APOINT ONTHE WESTLINE 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 1/4'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
S0001721"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)
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 d anuary, A, . 2004.
s
Mayor
TTEST:
City Clerk
Passed and adopted on final reading this 20th day of January, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: January 6, 2004
FORT COLLINS CITY COUNCIL
STAFF: Bob Barkeep
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 pr y t cu eufly- o nsi n. This zoning was adopted on
the property at the time the pr erty wa nnex' .
The property is designated as LMN he ' of F 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 gresentedd the R n g d ` Wing Board at the December 4,2003
Planning and Zoning Board h tng.The, l i�a �6ning and recommended approval of the
rezoning to the City Council o �ns�e tjaagd da,
FINDINGS and ANALYSIS
1. Back round:
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 Yazd
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. Ouasi-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 ado d- an lerpent,Rf--t Q. y's •mprehensive Plan. The plan
h
designates this parcel tgetnle
. ._
B. Warranted b nei°h ood Anding 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 ad on ' theEifst, I d . With the adoption of the East
Mulberry Corridor Plalthe Traj ition n t ct islViongerapplicable.
62
C. Additional Consideration r-Ouasr- udicial 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 proposed uses surroundingthe a subject land,and is the appropriate zone
district for the land
The area east o is property wa c ezo to LMN.An overall development
plan(Whitham eqy) s al e propose n the property.This ODP includes
uses permitted wit to the L zone istrict,inc u ing single family,two family and
multi-family residential,including a neighborhood center.The land to the west of the
site is zoned FA1 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 �grese;ved or i t pu nt to the Land Use Code.
Additionally, fak re e Mr he property. The applicant will
have to providuate�puuga f nor wildlif n 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.
Si.
? �.
3. Request for LMN—Lot Dens1t ixed�sy..e;Nei hborhood Zonin ii
The applicant initially filed a re nieg pe tion wit the City o -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 Depart `t has ecei dPreview.
tom the adjacent neighborhood.
A neighborhood meeting was of held f this ur, eighborhood meeting will be held
when the Overall Development Clan� s mit e ODP will provide a master plan
of the parcel,which will show residential deve opment 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 ast Rjadg pro rt o Transition to LMN — Low Density
Mixed Use Neighborhood.
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