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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/1999 - SECOND READING OF ORDINANCE NO. 244, 1998, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 13 DATE: January 5, 1999 FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: Second Reading of Ordinance No.244, 1998,Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Spring Creek Farm Rezoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This property was annexed into the City of Fort Collins as part of the Timberline Annexation on November 4, 1997. The applicant, Jim Sell Design, on behalf of Spring Creek Farms, LLC, filed a rezone petition with the City on October 9, 1998. Ordinance No. 245, 1998, which was unanimously adopted on First Reading on December 15, 1998,approves the applicants request for rezoning from T-Transitional to NC-Neighborhood Commercial, MMN-Medium Density Mixed Use Neighborhood and LMN-Low Density Mixed Use Neighborhood. APPLICANT: Jim Sell Design,Inc. 153 West Mountain Avenue Fort Collins, CO 80525 OWNER: Spring Creek Farms, LLC 3432 Carlton Avenue Fort Collins, CO 80525 AGENDA ITEM SUMMARY ITEM NUMBER: 27 DATE: December 15, 1998 FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: First Reading of Ordinance No. 244, 1998, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Spring Creek Farm Rezoning. RECOMMENDATION: Staff and the Planning and Zo Boardrecorrjione f adoptioqof the Ordinance on First Reading. EXECUTIVE SUMMARY: This property was annexed into the City of Fort Collins as part of the Timberline Annexation on November 4, 1997. The applican), J�rm SSUJ)esi on behalf of Spring Creek Farms, LLC, filed a rezone petition with the Cityn October 9, 1 8 e applicant is requesting a rezone from T- Transitional to NC-Neighborhood Commercial, =MediAbensity Mixed Use Neighborhood and LMN-Low Density Mixedii Jgeieighbort od. APPLICANT: Jim Sell Design, Inc. 153 West Mountain Avenue Fort Collins, CO 80525 OWNER: Spring Creek Farms, LLC 3432 Carlton Avenue Fort Collins, CO 80525 BACKGROUND: ri R The surrounding zoning and land-uses are as follows: North (T): Existing arterial street (Drake Road), Existing Spring Creek Farm, Cargill agricultural research facility South (RL): Dakota Ridge and Stoneridge Subdivisions (LMN): Vacant (MTvIIN'): Pinecone Apartments East: Unzoned CSU property (proposed rezoning to LMN-File No. 56-98A) West (RL): Existing arterial street(Timberline Road),Union Pacific Railroad,Single Family Residential DATE: December 15, 1998 2 ITEM NUMBER: 27 Petition For Rezoning The applicant,Jim Sell Design,on behalf of Spring Creek Farms,LLC,filed a rezone petition with the City on October 9, 1998. The applicant is requesting a rezone from T-Transitional to NC- Neighborhood Commercial, MMN-Medium Density Mixed Use Neighborhood and LMN-Low Density Mixed Use Neighborhood. Provisions of the T-Transition Zoning District The purpose of the T-Transiti zomng iriry' S o 1.9f tbcLand Use Code) is application to properties for which ther e no ific d edi a ans for development. The only permitted uses are those existin at the date th ro rty was ed into this district. The owner of any property in the T-Transition district may, at any time, request a rezoning. Therefore,this property is not subject to the biannual rezone limitations of the Land Use Code. After a rezoning request is made,the petition must be scheduled for a hearing by the Planning and Zoning Board anytime after 15 days of the date of the petition. After the Board hearing,the City Council must act to change the zoning within 60 days. Land Use Code Criteria for Rezoning 771 Section 2.8.4[H][2] of the Land Use ode o rnandato re uirements for quasi-judicial rezonings. This section states.l Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty(640)acres of land or less shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property ° t, _,;"' T In addition, Section 2.8 4[H][3o outline ' dditional onsiderat a for quasi-judicial rezonings: In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) 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; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment,including but not limited to, eater, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning environment; DATE: December 15, 1998 3 ITEM NUMBER: 27 (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Analysis 1. Is the request consistent with the City's Comprehensive Plan? The requested rezoning to NC-Neighborhood Commercial,MMN-Medium Density Mixed Use Neighborhood and LMN-Low.Density Mixed Use Neighborhood is consistent with CityPlan The Structur6P1 p indicat prerty is planned for all of these types of uses in the ge�ral pattidentifie e r - e request. 2. Additional Considerations a. Is the rezone request compatible with existing and proposed uses surrounding the subject land and is it the appropriate zone district for the land? The requested zoning is compatible with all existing land uses. Residential uses exist to the west and south of the property. Property to the east is subject to an existing rezone request to LMN as part of the same proposed development. Property to the north remains in agricultural-prod att(S g ;Crek Farms, Cargill agricultural research statton): While gher irate rtytrb lopment may not be considered totally compatible with cul fivities,{i ey frequently coexist during the transition period;asxagiic" rural 7 rwithin th�Urban Growth Area converts to development. In addition, it was recognized at the time of annexation that this property was planned for commercial and residential development. In fact, the Structure Plan anticipates that the property to the north will develop with both commercial and residential development as well. b. Will the rezoning result in significantly adverse impacts on the natural environment? There are no significant environmentally sensitive areas associated with the subject property. While air quality:and nois evelswould be'impacted with urban levels of development,this area is uvithin the Lf�ban"GrowthSoundary and,as indicated on the 'Ivi Structure Pianap, is,.panned for he levels 4f development associated with the rezoning requests.—The City's Natural Resources Department does have an air quality program which addresses the overall air quality of the City. Any impacts associated with stormwater management will be addressed during the review of a specific development proposal. C. Will the rezoning result in a logical and orderly development pattern? This property has existing development or development applications in the review process to the west and south and further to the north across the railroad tracks north of Spring Creek Farm. Development of the subject property represents a logical progression of development in this area. DATE: December 15, 1998 4 ITEM NUMBER: 27 Neighborhood Meeting While a neighborhood meeting is not required for a rezone request, one was held on Thursday, November 12, 1998. The meeting was for the purpose of explaining the rezoning and development review and to hear early comments on the draft development plan. At least one additional meeting will be held prior to the submittal of an Overall Development Plan and Project Development Plan. FINDINGS OF FACT/CONCLUSIONS 1. The Rigden Farm/Spring Creek arm}Re e, it 56- is consistent with the City's Comprehensive Plan. 2. The proposed rezoning is compatible wi ,existing an proposed uses surrounding the subject land. 3. The proposed zoning districts are the appropriate districts for this property. 4. The proposed rezoning does not result in significantly adverse impacts on the natural environment. 5. The proposed rezoning . ' suit' Vig .a,logi d rlyv.4 velopment pattern. PLANNING AND ZONINGIBO CO AT On November 19, 1998,the Planning and Zoning Board held a public hearing and recommended approval of the requested rezoning by a 7-0 vote. During discussion of the approving motion,the Board addressed what it saw as a potential issue with Structure Plan map designations and how they relate to existing historic resources. In this specific case,there is an existing historic farm complex at the southeast comer of Drake Road and Timberline Road in an area designated for Neighborhood Commercial development. The issue is the adequacy of the Structure Plan map in alerting potential developers to their requirements to deal with historic resources in the development review process. Wlu1e'the L^atld Use'Code is specific to the need to incorporate historic structures anto any oposead 1 ' ent lan and there is a required process through the Landmark Preservation Co 'ssion that developers are required to go through, the Structure Plan map designates areas for potential de eiopment7egardless of the existence of historic eeE resources. The Board is not recommending any changes at this time since the Land Use Code is clear about the need to incorporate existing resources into development plans. The Planning and Zoning Board expressed concern about the developer's proposal to move the farm complex and alerted them that their proposal would seriously impact the historic integrity of the farm complex and its eligibility for designation. The ability to attract grant monies for restoration and maintenance would also be affected. STAFF RECOMMENDATION: Staff recommends approval of the requested rezoning.