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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/04/2000 - FIRST READING OF ORDINANCE NO. 35, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 14 DATE: April 4, 2000 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT: First Reading of Ordinance No. 35, 2000, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Willow Springs Fifth Filing Rezoning. RECOMMENDATION: On March 16, 2000, the Planning and Zoning Board voted 5-0 to recommend adoption of the rezoning request. Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Willow Springs Fifth Filing consists of 1.39 acres located between Timberline Road and White Willow Way, south of Battlecreek Drive and north of C.R. #36. The site is currently divided. into two tracts. Tract C is an existing private neighborhood pool and clubhouse. Tract D is an existing but unoccupied historic farmhouse with associated outbuildings. In March of 1997, the parcel now platted as Willow Springs Fifth Filing was part of the larger First Filing that was an approved single family detached P.U.D. As such, in conjunction with the city-wide rezoning to implement City Plan, these 1.39 acres were rezoned to R-L. This was inadvertent. Since the parcel was vacant (Tract C) and the historic farmhouse (Tract D) was unoccupied, the parcel has development and re-development potential and should have be rezoned to L-M-N. This rezoning request to L-M-N corrects this oversight. The request complies with the City Structure Plan, an element of the City's comprehensive plan. In addition, the request satisfies the applicable review criteria of Section 2.9.4 (H) of the Land. Use Code. iI ORDINANCE NO. 35, 2000 • 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 WILLOW SPRINGS FIFTH FILING REZONING 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 2.8 of the Land Use Code of the City of Fort Collins 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. 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 of the • City of Fort Collins be,and the same hereby is,amended by changing the zoning classification from "RL", Low Density Residential Zone District,to"LMN",Low Density Mixed-Use Neighborhood Zone District, for the following described property in the City known as the Willow Springs Fifth Filing Rezoning: Willow Springs PUD 5th Filing Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins 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 Engineer 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 4th day of April, A.D., 2000, and to be presented for final passage on the 18th day of April,A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of April,A.D. 2000. Mayor ATTEST: City Clerk ITEM NO. 3 MEETING DATE 3 16 00 STAFF Ted Shepard City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Willow Springs P.U.D. Fifth Filing, Amendment to the Zoning Map from R-L to L-M-N, Recommendation to City Council, #3- 94L APPLICANT: Paragon Point Partners 1 Old Town Square, Suite 301 Fort Collins, CO 80524 OWNER: Same PROJECT DESCRIPTION: Request to rezone Willow Springs P.U.D. Fifth Filing from R-L, Low Density Residential, to L-M-N, Low Density Mixed-Use Neighborhood. The Fifth Filing consists of 1.39 acres located between Timberline Road and White Willow Way, south of Battlecreek Drive and north of C.R. #36. The site is currently divided into two tracts. Tract C is the existing pool, clubhouse and parking and Tract D is the old existing, unoccupied Nelson farm house. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The parcel was rezoned in March of 1997 as part of the City Plan city-wide rezoning from R-L-P with P.U.D. condition to R-L,Residential Low Density. At that time, the parcel was part of Willow Springs First Filing and it was inadvertently assumed that the parcel was platted and developing as single family homes like the balance of the filing. In fact,the parcel was vacant and the existing farmhouse was unoccupied. The R-L zone was primarily intended for existing neighborhoods,not properties with development or redevelopment potential. The request complies with City Structure Plan and complies with the applicable review criteria by which rezoning requests are evaluated. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. PO.Box 580 Fort Collins,CO 80522.0580 (970)221-6750 PLANNING DEPARTMENT Willow Springs P.U.D.,Fifth Filing—Rezoning Request, #3-94L March 16,2000 P&Z Meeting Page 2 COMMENTS: 1. Backeround: A. The surrounding zoning and land uses are as follows: N: R-L; Existing Single Family—Willow Springs P.U.D., First Filing S: R-L; Existing Single Family—Willow Springs P.U.D., First Filing E: FA-1 (County); Existing Single Family—Scheller Subdivision W: R-L; Existing Single Family—Willow Springs P.U.D., First Filing Willow Springs was annexed as a 127 acre parcel in April of 1994 and originally zoned R-L-P, Low Density Planned Residential,with the P.U.D. condition. The site contained the Nelson farmhouse,pasture and agricultural fields. The Fifth Filing was originally contained within Willow Springs First Filing which was approved for a mix of residential densities over 72 acres in December of 1994. In January of 1998,the Fifth Filing was carved out to create a separate parcel, 1.39 acres in size, for the proposed neighborhood pool, locker room, community room and parking lot as well as the old existing Nelson farmhouse. The pool, locker room, community room and parking lot were constructed in 1999 under the approved P.U.D. for the Fifth Filing. B. City Plan Rezoning In March of 1997,in order to implement the City Plan, Willow Springs Fifth Filing (as part of the original First Filing) was rezoned from R-L-P, with P.U.D. condition, to R-L, Low Density Residential. The original basis for the R-L zone was that Willow Springs First Filing was approved and platted for single family homes and was substantially complete. As such, Willow Springs First Filing was considered to be an established neighborhood and was,therefore,not considered eligible for the new L-M-N zone district. At the time of the City Plan rezoning process, March of 1997, Staff was not cognizant that 1.39 acres of Willow Springs First Filing was platted as Tracts C and D and not as single family lots. Rather,these tracts were reserved on the P.U.D. as "Pool' and "Farmhouse" and remained vacant(pool) and unoccupied (farmhouse). Consequently, Staff inadvertently zoned the Tracts C and D, 1.39 acres, as if they were already developed or eligible for single family building permits when, in fact,the parcel had development and re-development potential. . Willow Springs P.U.D.,Fifth Filing—Rezoning Request, #3-94L March 16, 2000 P &Z Meeting Page 3 C. Current Request In the three years since the City Plan rezoning to R-L,pool, locker room, community room, and parking lot were constructed,but the farmhouse remains vacant. With the Willow Springs neighborhood developing out as a mixed density residential neighborhood, the developer now believes the timing is appropriate to begin exploring re- development options for the farmhouse. With frontage on Timberline Road, classified as a standard arterial street, and with neighborhood access to White Willow Drive,there exists a potential for non-residential land uses that would not otherwise be permitted under the existing R-L zone district. In conclusion, both Staff and the applicant agree that the 1997 City Plan rezoning to R-L overlooked the fact that Tracts C and D were vacant or unoccupied and eligible for development or re-development. Staff believes that this was a simple oversight. Had the facts been known at the time, the parcel would not have been rezoned to R-L. The request, therefore,represents a corrective measure. 2. Structure Plan: • The Ciry Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as"Low Density Mixed-Use Neighborhood." Therefore,the request is in compliance with the City Structure Plan. 3. Reouest for L-M-N ZoninA—Section 2.9.4 (H): The request to rezone is considered a quasi-judicial since the parcel is less than 640 acres. There are five standards that may be used in evaluating a request for a quasi-judicial rezoning. These standards,how the request complies, are summarized below: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As mentioned, the parcel is designated as"Low Density Mixed-Use Neighborhood" on City Structure Plan which matches the requested zone district. Therefore,the request complies with this criterion. B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the • neighborhood surrounding and including the subject property. Willow Springs P.U.D.,Fifth Filing—Rezoning Request,#3-94L March 16, 2000 P&Z Meeting Page 4 The request is based on an oversight that occurred in March of 1997 during the City Plan rezoning process,not based on any change in conditions. Therefore,this criterion is not applicable. C. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land The proposed zoning,L-M-N, is compatible with existing single family homes in Willow Springs P.U.D. and across the street in the Scheller Subdivision(County)both of which are zoned residential. In addition,the western portion of Willow Springs, which was undeveloped in March of 1997, was placed in the L-M-N zone. Therefore, Staff finds this criterion to be satisfied. D. 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, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The proposed zoning L-M-N would not have any adverse impact on the natural functioning of the environment. Staff,therefore, finds this criterion to be satisfied. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The rezoning would help implement the vision of the walkable,mixed-use neighborhood. According to City Plan, under"Type of Places,"the neighborhood is described as follows: "Neighborhoods—As the dominant and most important areas within our city, neighborhoods will serve as the primary building blocks. Neighborhoods will be walkable and connected,and will include a mix of housing types. Neighborhoods will include destinations within walking distance, such as schools,parks, neighborhood and convenient shopping,and civic uses." The proposed rezoning helps implement this vision by allowing a broader mix of land uses to be located within walking distance of an established neighborhood. In addition, the rezoning would allow the surrounding residential area to enjoy a wider range of needs of every day living and the potential for services, conveniences, and gathering places that can be integrated into streets and sidewalks of the Willow Springs neighborhood. Willow Springs P.U.D., Fifth Filing—Rezoning Request, #3-94L . March 16, 2000 P &Z Meeting Page 5 4. Findings of Fact: In evaluating the request for Amendment to the Zoning Map for Willow Springs 5a' Filing from R-L to L-M-N, Staff makes the following findings of fact: A. The City Plan rezoning in March of 1997 to R-L inadvertently assumed that the Tracts C (future pool)and D (unoccupied farmhouse) of the Willow Springs First Filing (later replatted as Willow Springs Fifth Filing) were in the process of developing out as single family lots. This was not the case. B. The Fifth Filing is designated on City Structure Plan as "Low Density Mixed-Use Neighborhood." C. The request to rezone,therefore, complies with City Structure Plan. D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (II) of the Land Use Code. RECOMMENDATION: • Staff recommends approval of Willow Springs Fifth Filing, Amendment to the Zoning Map from R-L to L-M-N, Recommendation to City Council, #3-94L. • innml unnu�i/� in.—iu f 1of book -.�-_�:1 i� • f• • ._aa• =111 WERE �'.,�- _i�l '; :,.�_:;.:::..•��r,., III IIIIYI'�:� ��:slid.••.�.a`oJ��•..: t.,� •ii....�� Un1�%�•�••� �`Hu.►�Q.• __ .°i•.• ��• G� iY. roe i:``•0- • :... -; :,ram i ! .f,• ,.offRr 1 P•11•i - •J �nra `� : •"1.- •►�4V:��:� ...,d:'..ILI la ILCu.:..•O�r�.4'0� %�'�\!� '1�:n:in�•`•l"-� 4�• � III:i I .♦I I_I a \L.:.•`• r........... \rt;,� „r•'`'�.; uu..- Vq�'' l']b••a b.•I =y/_q C�.: r.`II ' cT �7 I;;:•',4,gg1i; 'f l::\III .I .I 8 aII s cc VICINITY MAP 02/28/00 Willow Springs Rezone 1"=600' CITY OF FORT COLLINS REZONING PETITION Petitioner: Paragon Point Partners Limited Partnership #1 Old Town Square,Suite 301 Fort Collins,Colorado 80524 Owner. Paragon Point Painters Limited Partnership #1 Old Town Square,Suite 301 Fort Collins,Colorado 80524 To the City Council of the City of Fort Collins,Colorado. I,the undersigned,do hereby respectfully petition and request that the City Council amended the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel,containing 1.39 acres,more or less,from RL zoning district to LMN zoning district: Willow Springs P.U.D.-Fifth Filing Reason for Request: Please refer to the attached letter dated January 7, 20M. Respectfully submitted, PARAGON POINT PARTNERS LIMITED PARTNERSHIP By: Trustar,Inc.,General Partner p �C �.,� (, Cam.-G�^✓� �ice,a.cc.e•��7 Byron R. Collins,President STATE OF COLORADO ) )ss. COUNTY OF LARRAER ) The foregoing instrument was aclmowledged before me this' O- day of January,2000,by Byron R. Collins,as President of Trustar,Inc.,a Colorado corporation,General Partner of Paragon Point Partners,a Limited Partnership. Witness my hand and seal r Aycmwrimm slow ` '94.U*i Public NOTARY comnussion expires: PUBS r • PARAGON POINT PARTNERS a Colorado limited partnership 1 OLD TOWN SQUARE,SUITE 301 FORT COLUNS,CO 80524 January 7, 2000 City of Fort Collins Current Planning Department 281 North College Avenue Fort Collins, Colorado 80524 Gentlemen: Paragon Point Partners is hereby requesting a change in the zoning for Willow Springs P.U.D. - Fifth Filing to an LMN designation. This filing of Willow Springs is currently zoned as RL under the Land-use Code of the City of Fort Collins. The neighborhood swimming pool/community room for Willow Springs, as well as the original Nelson farmhouse are located on the property. It is bordered on the east by Timberline Rd., and on the west by White Willow Drive. Single-family homes and open space border this • phase of Willow Springs on the north and south. When Paragon was completing the construction on the final phases of the existing platted portions of Willow Springs P.U.D., all zoning for the subdivision was maintained as RL. Specifically, with regard to Willow Springs P. U. D. - Fifth Filing, a more applicable zoning designation would have been LMN under City Plan, since the swimming pool/community room facility serves as a gathering place for Willow Springs. Both Paragon, as the developer, and city staff inadvertently overlooked this detail. If this zoning change is approved, a broadened spectrum of uses for the historic farmhouse on the property would exist. LMN would allow the option of converting the farmhouse for different uses as provided under the LMN zoning designation. Possible uses could include office, medical, day-care, or a bed and breakfast, or other uses permitted in LMN zoning districts. It is our hope that, once a use of the farmhouse under the LMN designation is put in place,this use would bring more definition to this area as being the neighborhood center of Willow Springs. We sincerely appreciate your consideration of this change. We hope that city staff will concur that this change in zoning is appropriate for this phase of Willow Springs. Should anyone have any questions regarding this proposal, please don't hesitate to call me at 224-2944. Very truly yours, PARAGON POINT PARTNERS Byron R. Collins