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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/05/1999 - SECOND READING OF ORDINANCE NO. 247, 1998, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 29 FORT COLLINS CITY COUNCIL DATE: January 5, 1999 li STAFF: Bob Blanchard I SUBJECT: Second Reading of Ordinance No.247, 1998,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes that Certain Property Known as the Rigden Farm Zoning. 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 Rigden Farm Annexation on August 8, 1988. The applicant filed a request for a Structure Plan Amendment and rezone petition with the City on October 9, 1998. The applicant is requesting an initial zoning of LMN - Low Density Mixed Use Neighborhood and RC -River Corridor(as CSU property,there is no existing zoning). Ordinance No. 247, 1998, was adopted 6-1, on December 15, 1998. APPLICANT: The State Board of Agriculture of the State of Colorado on behalf of Colorado State University 202 Administration Building Colorado State University Fort Collins, CO 80523 OWNER: The State Board of Agriculture of the State of Colorado on behalf of Colorado State University 202 Administration Building Colorado State University i Fort Collins, CO 80523 ti i AGENDA ITEM SUMMARY ITEM NUMBER: 39 A-B DATE: December 15, 1998 FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: Items Relating to the Rigden Farm(CSU)Request for an Amendment to the City Structure Plan Map and Request for Zoning. W RECOMMENDATION: ' f Staff and the Planning and Zoning Board Tecornmend adoption of the Resolution and the Ordinance on First Reading with conditions. EXECUTIVE SUMMARY: A. Resolution 98-171 Amending the City Structure Plan Map by Changing the Designation of a Portion of the Rigden.Frq Property from" T!ban-Estates" to "Rural/Open Lands and Stream Corridors" and".Low Density I kixed,Use tesidenfial." B. First Reading of Ordinance No. 247.148,;imendinglie Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes that Certain Property Known as the Rigden Farm Zoning. This property was annexed into the City of Fort Collin as part of the Rigden Farm Annexation on August 8, 1988. The applicant filed a request for a Structure Plan Amendment and rezone petition with the City on October 9, 1998. The applicant is requesting an initial zoning of LMN - Low Density Mixed Use Neighborhood and RC-River Corridor(as CSU property,there is no existing zoning). APPLICANT: The State--Board of Agnctilture lof flue State of Colorado I n behalf of Colorado State University 202 Administration Building Colorado State University Fort Collins, CO 80523 OWNER: The State Board of Agriculture of the State of Colorado on behalf of Colorado State University 202 Administration Building Colorado State University Fort Collins. CO 80523 DATE: December 15, 1998 2 ITEM NUMBER: 39 A-B BACKGROUND: 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 East (I): CountyrRoad , Unin ra d a mer ounty, Western Mobile Mmmgoperatioit West(T): Vacant(proposed zoning to NC, MMN,LMN - File 456-98) Petition For Structure Plan Amendment and Initial Zoning The applicant filed a request for a Structure Plan Amendment and rezone petition with the City on October 9, 1998. The applicant is requesting an initial zoning of LMN -Low Density Mixed Use Neighborhood and RC -River Corridor(as CSU property,there is no existing zoning). Structure Plan Map Amendment ,, - The requested amendment is from the ilrban Estat plan designation to Low Density Mixed Use Residential and River Corridor for.approximately 100 acres ofthe property generally described as � the valley wall above the Poudre River floodplain east to County Road 9. This property is included in the Poudre River Special Study Corridor. Amendments to the Structure Plan Map are typically processed as part of a rezone request. While no specific review criteria have been articulated,the basis for any map amendment must be found in the Principles and Policies of City Plan. Request for Amendment to Rural/Open Lands and Stream Corridors The Structure Plan principle relevant to the request for an-amendment from Urban Estates to Rural/Open Lands and Stream Corridors s the Interconnected System of Open Lands. This principle provides for a comprehensive network of-greenways linking--important natural areas, parks, neighborhoods and community facilities weaving its way along major waterways and drainages. The requested addition of more land to the Rural/Open Lands and Stream Corridors Plan designation in this area enhances the Poudre River corridor, especially in an area specifically recommended for conservation (see Principle PRC-1). Policy ENV-5.1: The City will seek to integrate wildlife habitat, riparian areas, wetlands and other important natural features into the developed landscape by directing development away from sensitive areas and using innovative planning, design, buffering and management practices...... DATE: December 15, 1998 3 ITEM NUMBER: 39 A-B The addition of more lands designated for Rural/Open Lands and Stream Corridors will enhance the area devoted to the Poudre River corridor by providing additional area for wetlands and other natural features. This will provide additional buffer between development and the river corridor. Policy NOL-1.1: The City will conserve and integrate natural areas into the developed landscape by directing development away from sensitive areas and using innovative planning, design, and management practices. Amending the Structure Plan map to Rural/Open Lands and Stream Corridors will direct development away from a low=lytng area that is n-#he ge 'the designated Poudre River floodplain. Zoning districts associated v iiththis Wandesignationlimit uses to those compatible with the conservation and protection'of lan&in the Poudrekver corridor. These uses include stormwater management,native wildlife habitat and sand and gavel operations. PRINCIPLE PRC-I: In order to assure that the diverse community values of the Poudre River Corridor are protected and enhanced land uses must be carefully managed through an integrated land use plan. As noted above, this property is included in the planning area for the Poudre River Special Study Corridor. Policy PRC-1.2 identifies distinct segments of the river to be considered in the plan. This property falls within the Conservation Open-Lands and Streat Condors(Drake Road to Harmony Road) segment. The policy notes that this river egment possesses abundant, highly significant natural and historic resources: The emphasis on land uses in this area should be conservation to assure protection of significant resources. The guest to add additional area to the Rural/Open Lands and Stream Corridors plan designation is consistent with this principle. Policy PRC-2.2: Natural Area Protection Buffers. Natural area protection buffers will be maintained along both banks ofthe Poudre River to protect natural areas and scenic qualities, . . . The addition of additional land to the Rural/Open Lands and Stream Corridors designation will increase the buffer in this area between the Poudre River and residential development. Request For Amendment to Low Density Mixed-UseResidential The City Structure Plan has 5 key principles that guided its development. Pertinent to the request for a Structure Plan amendment to Low Density Mixed Use Residential is the principle of a Compact Development Pattern. The intent of a compact development pattern is to accommodate growth without fostering urban sprawl. Higher densities will contribute to preserving environmentally sensitive areas, allow for the efficient provision of public services and encourage infill. The requested amendment meets the intent of this principle by directing higher density development into identified areas that will encourage infill at a level that vtill enhance the provision of public services. The requested Plan designation of Low Density Mixed Use Residential and its associated zoning district ofLMNT-Low Density Mixed Use\eighborhood will still allow the potential of larger estate lots provided the low density is offset with higher density within the project. Principles and policies associated with new low density mixed use neighborhoods(Principles LMN- I and LMN-2) deal with density. housing rapes and site planning considerations. There are no DATE: December 15, 1998 4 ITEM NUMBER: 39 A-B locational policies to provide guidance on this amendment request. Development of the subject property can easily meet these principles and policies through attention to site planning details. PRINCIPLE RD-3: Urban Estate development may be included in some Residential Districts for several purposes: 1) to acknowledge the presence of the many existing County subdivisions as part of the community;2) to allow for choices of very low density and large-lot housing in the community, and 3) to provide, in some cases, a physical transition between urban development and rural or open lands. " 4 The property proposed for the amendment is not fan°exis' County subdivision. In addition, the requested Plan designation'(Low Density Mike Residential)and its accompanying zoning district(Low Density Mixed UselWTjhborhood),lows for the levelopment of estate lots provided the density of those lots are balanced with higher density elsewhere in the project. This property could be considered appropriate as a transition from more intense development on top of the hill to the valley floor and Poudre River floodplain. However,perusal of the Structure Plan map indicates that there are other areas near the floodplain(as well as some within the floodplain)that are planned for more intense development. In addition, County Road 9, a drainage canal and the Burlington Northern Railroad tracks are between this property and the river giving further credence to the appropriateness of higher density development. Lastly, proximity to one of the City's treatment facilities may reduce the desirabili4of thi fo state yel pent. PRINCIPLE PRC 1 In order to, Khe diver„sae community values of the Poudre River Corridor gUrofected and Wnhanced. bind uses must be carefully managed through an integrated land use plan. As noted above,this property is included in the planning area for the Poudre River Special Study Corridor. Policy PRC-1.2 identifies distinct segments of the river to be considered in the plan. This property falls within the Conservation Open Lands(Drake Road to Harmony Road) segment. The policy notes that this river segment possesses abundant, highly significant natural and historic resources. The emphasis on land uses in this area should be conservation to assure protection of significant resources. However, as noted before, County Road 9 and the Burlington Northern Railroad tracks exist between this property-and.the,Poudre-R ver.,,Conservation uses on the valley floor and in the floodplain area do not necessarily prreclude deelopment on this property located on the valley wall. AL 1. Land Use Code Criteria For Rezoning Section 2.8.4[H][2] of the Land Use Code outlines mandatory requirements for quasi-judicial `rezonings. This section states: 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 DATE: December 15, 1998 5 ITEM NUMBER: 39 A-B (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. In addition, Section 2.8.4[M[3] outlines additional considerations 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 eixierit to which the propdsedaunerdment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone.district for the d; (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, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Analysis 10 1. Is the request conststent4wtth the City sComprehensive Plan? The requested zoning of LMN - Low Density Mixed Use Neighborhood and RC - River Corridor is consistent with City Plan provided the Structure Plan is amended from Urban Estate to Low Density Mixed Use Residential and Rural/Open Lands and Stream Corridors on the eastern boundary. 2. Additional Considerations a. Is the rezone request compatible with-existing and proposed uses surrounding the subject land and is it the approp 'at ezone.disinctfor the land? The requested zoning is compatible with all exising land uses.Residential uses exist to the south of the property. Property to the west is subject to an existing rezone request to NC,MMN and LMN as part of the same proposed development. Property to the north remains in agricultural production (Spring Creek Farms, Cargill agricultural research station). Property to the east,across County Road 9, is owned by Western Mobile and is currently being mined for gravel. While higher intensity urban development may not be considered totally compatible with agricultural activities, they frequently coexist during the transition period as agricultural land within the Urban Growth Area converts to development. In addition, it was recognized at the time of annexation that this property was planned for residential development. In fact,the Structure Plan anticipates that the property to the north will develop with both commercial and residential development as well. DATE: December 15, 1998 6 ITEM NUMBER: 39 A-B b. Will the rezoning result in significantly adverse impacts on the natural environment? There are no significant environmentally sensitive areas directly associated with the subject property. However, the eastern portion of the property is adjacent to the Poudre River floodplain and is included in the Poudre River Special Study Corridor. The zoning of a portion of the property to RC - River Corridor will limit development on a portion of the property and provide additional buffer between the proposed area of residential development and the Poudre River corridor. While air quality and noise levels would be impacted with urban levels of development, this area is within thetiban Crrowtb Bo -and, as'utdicated on the Structure Plan Map,is planned for the levels ofd 1ppment associated with the rezoning request pending approval of a.Structure''Plan amendment. The City's Natural Resources Department does hie an air quality p ogram wl ch 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 Faun. Developme t of the sutjo property represents a logical progression of development in this area. e p 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 ,"ill be held prior to the submittal of an Overall Development Plan and Project Development Plan. FINDINGS OF FACT/CONCLUSIONS 1. The requested Structure Plan amendment-as consistent with the Principles and Policies contained in CityPlan. i. 2. The Rigden Farm/SpringsCreek Farm Rezone, File #57-98A is consistent with the City's Comprehensive Plan. 3. The proposed zoning is compatible with existing and proposed uses surrounding the subject land. 4. The proposed zoning district is the appropriate district for this property. :. The proposed zoning does not result in significantly adverse impacts on the natural environment. 6. The proposed rezoning will result in a logical and orderly development pattern. DATE: December 15, 1998 7 ITEM NUMBER: 39 A-B PLANNING AND ZONING BOARD RECOMMENDATION On November 19, 1998, the Planning and Zoning Board held a public hearing and recommended approval of the requested City Structure Plan map amendment,and recommended approval of the requested zoning of RC -River Corridor and LMN-Low Density Mixed Use Neighborhood with the following conditions by a vote of 5-2: 1. This rezoning shall not be effective so long as title to the property is vested in the State Board of Agriculture and the property continues to be used for educational research, extension and- lated'suppot services. 01 2. The area subject,to the City Structure Plan rn,p amendment from Urban Estates to Rural/open Lands and Stream Corridors and Low Density Mixed Use Residential as said area is identified in Exhibit"A"of Resolution 98-171 shall be limited to 232 dwelling units. 3. The RC - River Corridor zoning district will extend south along County Road 9 to the south end of the property line tapering from a width of 100 feet to 0 feet. (NOTE: Condition#1 was placedon the approval-At a request o ff olorado State University. The effect of the condition is to enure that the zoning�f the prgpert y is only effective if, in fact, the property is sold to this developer. If the ale does noYRiccur,the property will remain unzoned as are all CSU properties.) Y STAFF RECOMMENDATION Staff recommends both the City Structure Plan map amendment and the requested zoning. A wRf $p. 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