HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - HEARING AND FIRST READING OF ORDINANCE NO. 170, 20 ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Hearing and First Reading of Ordinance No. 170, 2005, Amending the Zoning Map of the City of
Fort Collins by Changing the Zoning Classification for That Certain Property Known as the
Timberline Center Parcel, From T, Transition to I, Industrial.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This is a request to rezone a 16.13 acre parcel from T, Transition to I, Industrial. The parcel is
located on the west side of Timberline Road approximately one-half mile north of East Drake Road.
The Union Pacific Railroad right-of-way forms the western boundary. The request complies with
the City's Structure Plan Map.
The parcel is a part of the larger 435-acre Timberline Annexation which was annexed in 1997 as an
enclave. Upon annexation,all parcels contained within the Timberline Annexation were placed into
T, Transition zone district. The Transition zone requires that City Council change the zoning to
another zone district within 60 days of the Planning and Zoning Board hearing of December 8,2005.
BACKGROUND
Surrounding Zoning and Land Uses:
North: I (Industrial); Existing Outside Storage and Miscellaneous Light Industrial
South: E (Employment); Vacant
East: L-M-N(Low Density Mixed-Use Neighborhood); Vacant (Side Hill 2nd)
West: R-L(Low Density Residential); Parkwood East Subdivision
West: M-M-N(Medium Density Mixed-Use Neighborhood); Parkwood East Apts.
Article Four—Transition Zone:
There are specific procedures governing the rezoning of parcels in the Transition zone district.
Section 4.9(B)(2) states:
December 20, 2005 -2- Item No. 29
"The owner of any property in the T District may at any time petition the city to
remove the property from this zone district and place it in another zone district.
Unless the following time limitations are waived by the petitioner, any such petition
shall be referred to the Planning and Zoning Board to be considered at the next
regular meeting of such board which is scheduled at least thirty(30) days f rom the
date the petition is filed with the City Clerk. Within sixty(60)days from the date the
matter is considered by the board, the City Council shall change the zoning for the
property in question to another zone district authorized under this Article. "
The rezoning petition was received on October 12, 2005. The Planning and Zoning hearing of
December 8,2005 satisfies the requirement that no less than 30 days transpire before consideration
by the Board. The City Council hearing of December 20, 2005 satisfies the requirement that no
more than 60 days transpire before Council consideration.
Article Three—Map Amendment:
A. Section 2.9.2(H)(2)
(2) Mandatory Requirements for Quasi-judicial Rezonings. Any amendment to
the Zoning Map involving the zoning or rezoning of six hundred forty(640)
acres of land or less (a quasi-judicial rezoning) 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.
The rezoning request for Industrial zoning complies with the City's Structure Plan Map. Therefore,
the request is consistent with the City's Comprehensive Plan.
B. Section 2.9.2(H)(3)
(3) 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 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, water, air, noise, stormwater
management, wildlife, vegetation, wetlands and the natural
functioning of the environment;
(c) whether and the extent to which the proposed amendment would
result in a logical and orderly development pattern.
December 20, 2005 -3- Item No. 29
With regard to whether the subj ect parcel is compatible with existing and proposed uses,the abutting
property to the north is presently an outdoor storage yard for vehicles, campers,boats and the like,
and presently zoned Industrial. The property to the south is vacant and zoned Employment. There
are other examples in the City where these two zones abut each other. There is a presumption in the
Land Use Code that compatibility between land uses can be achieved by compliance with applicable
standards at the P.D.P. stage.
With regard to whether the subject parcel would result in significant adverse impacts on the natural
environment, the Department of Natural Resources has determined that there are no significant
natural habitats or features on the site. The D.N.R.has not asked for an Ecological Characterization
Study.
With regard to whether annexing the subject parcel would result in a logical and orderly
development pattern, the owner is partnering with the owner of the parcel to the north to submit a
unified Project Development Plan. Together,these two property owners are participating with the
City in a capital improvement project to widen and improve Timberline Road to an interim four-lane
arterial standard.
These improvements include right-of-way dedication for the widening of Timberline Road. hi
addition, the two owners have coordinated with the City on location of the local street intersection
(Bear Mountain Drive) and the restriction on turning movements at this intersection. Through
collaboration with the City,this intersection will be designed with a median that will restrict turning
movements to "three-quarter" only. This means there will be right-in/right-out/left-in turning
movements but no left-out turns allowed.
Further,the street classification and right-of-dedication for Joseph Allen Drive(formerly Sagebrush
Drive) are being planned in conjunction with the new City of Fort Collins Police Facility.
Neighborhood Information Meeting:
A neighborhood meeting was held to discuss both the rezoning and the subsequent P.D.P. on
September 12, 2005. A summary of this meeting is attached. There were no issues pertaining to
the rezoning expressed by those in attendance.
Findings of Fact:
In evaluating the request to rezone the Timberline Center from Transition to Industrial, staff makes
the following findings of fact:
A. The rezoning complies with the procedures and standards of Section 2.9, Amendment to
Zoning Map, of the Land Use Code.
B. The request for Industrial zoning complies with the City's Structure Plan Map, an element
of the Comprehensive Plan.
C. The rezoning complies with the procedures and standards of Section 4.9, Transition Zone
District, of the Land Use Code.
December 20, 2005 -4- Item No. 29
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board voted 4-0 to recommend approval of Timberline Center Rezoning,
#41-05.
ORDINANCE NO. 170, 2005
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 TIMBERLINE CENTER 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 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 "I",Industrial
Zone District, for the following described property in the City known as the Timberline Center
Rezoning:
A parcel of land being part of the East Half (El/2) of Section Nineteen (19),
Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth
Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of
Colorado, and being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 19 and assuming the East
line of the Northeast Quarter(NEI/4)of said Section 19 as bearing South 00°13'42"
East, being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/92, a distance of 2679.27 feet with all other
bearings contained herein relative thereto:
THENCE South 00°13'42"East along said East line a distance of 1631.19 feet;
THENCE South 88°04'47"West a distance of 30.01 feet to the Northeast corner of
that parcel of land described in that Special Warranty Deed (SWD) recorded
December 22, 1994 as Reception No.94100658 of the records of the Larimer County
Clerk and Recorder(LCCR),said point being 30.00 feet,as measured at aright angle,
West of said East line;
THENCE South 00'13'42"East along a line being 30.00 feet, as measured at a right
angle,West of and parallel with said East line a distance of 542.29 feet(deed=542.40
feet)to the Northeast corner of that parcel of land described in that Quit Claim Deed
(QCD)recorded October 14, 1997 as Reception No. 97067511 of the records of the
LCCR;
THENCE South 88°57'54"West along the North line ofthat parcel of land described
in said QCD a distance of 71.46 feet to the POINT OF BEGINNING, said point
being a point on a curve, said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the East a distance of 7.45
feet, said curve having a radius of 50070.50 feet, a central angle of 00°00'31"and a
long chord bearing South 01'14'31" East a distance of 7.45 feet to a Point of
Tangency(PT);
THENCE South 01°14'46" East a distance of 306.77 feet to a Point of Curvature
(PC);
THENCE along the arc of a curve which is concave to the Northwest a distance of
23.61 feet,said curve having a radius of 15.00 feet,a central angle of 90'12'04"and
a long chord bearing South 43'51'16"West a distance of 21.25 feet;
THENCE South 01*21'08"East along a line being non-tangent to aforesaid curve a
distance of 57.00 feet to the beginning point of a curve,said curve being non-tangent
to aforesaid line;
THENCE along the arc of a curve which is concave to the Southwest a distance of
23.51 feet,said curve having a radius of 15.00 feet, a central angle of 89°47'56"and
a long chord bearing South 46°08'44"East a distance of 21.18 feet to a PT;
THENCE South 01°14'46" East a distance of 444.81 feet to the South line of that
parcel of land described in that SWD recorded November 4,2004 as Reception No.
2004-0106576 of the records of the LCCR;
THENCE South 88'57'17" West along said South line a distance of 973.05 feet to
the East Right-of-Way (ROW) of the Union Pacific Railroad (UPRR), said point
being 75.00 feet,as measured at a right angle,East of the centerline of the main track
of said UPRR;
The following Three (3) courses and distances are along said East ROW:
THENCE North 00°03'14"West along a line being 75.00 feet,as measured at a right
angle, East of and parallel with the centerline of the main track of said UPRR a
distance of 356.80 feet(deed=339.71 feet)to the East-West Quarter Section line of
said Section 19;
THENCE North 89'49'17"East along said East-West Quarter Section line a distance
of 125.00 feet to a point being 200.00 feet, as measured at a right angle, East of the
centerline of the main track of said UPRR;
THENCE North 00°03'14" West along a line being 200.00 feet, as measured at a
right angle, East of and parallel with the centerline of the main track of said UPRR
a distance of 521.38 feet (deed=539.15 feet)to the Northwest corner of said parcel
of land described in that SWD recorded November 4,2004 as Reception No. 2004-
0106576 of the records of the LCCR,said point being the beginning point of a curve,
said curve being non-tangent to aforesaid line;
The following 3 courses and distances are along the Northerly line of said parcel of
land described in that SWD recorded November 4, 2004 as Reception No. 2004-
0106576 of the records of the LCCR:
THENCE along the arc of a curve which is concave to the Southeast a distance of
139.73 feet(deed=135.48 feet), said curve having a radius of 500.00 feet, a central
angle of 16'00'45" and a long chord bearing North 60'52'33" East a distance of
139.28 feet to a PT;
THENCE North 68°52'54"East a distance of 12.27 feet;
THENCE South 01°02'06"East a distance of 99.76 feet;
THENCE North 88'57'54" East along the Northerly line of said parcel of land
described in that SWD recorded November 4,2004 as Reception No.2004-0106576
of the records of the LCCR and along the Northerly line of that parcel of land
described in said QCD a distance of 478.68 feet;
THENCE North 00*01'35"West a distance of 159.86 feet;
THENCE North 88°56'43"East a distance of 213.71 feet to the beginning point of
a curve, said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the East a distance of 159.91
feet, said curve having a radius of 50070.50 feet, a central angle of 00°10'59"and a
long chord bearing South 01'08'46"East a distance of 159.91 feet to the POINT OF
BEGINNING.
Which above described parcel contains 18.304 acres,more or less(±),and is subject
to any rights-of-way or other easements of record or as now existing on said
described parcel of land.
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 not 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 20th day of
December,A.D. 2005, and to be presented for final passage on the 3rd day of January,A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of January, A.D. 2006.
Mayor
ATTEST:
City Clerk
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Landscape Architecture Urban Design Planning
October 11, 2005
Ted Shepard
City of Fort Collins
Planning Department
281 North College Avenue
Fort Collins, CO 80522
RE: Re-Zoning Justification for Timberline Center Project Development
Plan
Dear Mr. Shepard,
The Timberline Center property consists of 16.13 acres and is located on the
west side of Timberline Road south of Prospect Road and north of Drake Road.
The property is currently located within two zoning Districts, Transition District (T)
and Industrial District (1). This project will be requesting rezoning from the T
District to the I District.
The purpose of the Transition District is intended for properties for which there
are no specific and immediate plans for development. The applicant would like
to develop his property into a commercial center that would include retail,
restaurants, office, storage and vehicle maintenance land uses. Per section
4.9(B)2 of the City of Fort Collins Land Use Code the owner of any property in
the T District may at any time petition the city to remove the property from this
zone district and place it in another zone district.
Re-Zoning Justification Per Section 2.9.4(H) of the City of Fort Collins Land
Use Code
Mandatory Requirements for Quasi-judicial Rezonings. Any amendment to the Zoning
Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a
quasi-Judicial rezoning) 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.
The current T-District does not allow any new development. Timberline Center is
located in an area of the city that is rapidly developing. As part of the Timberline
�toac��brje��i Opp
_grrggnts that are scheduled for this fall, Timberline Road is
401 West Mountain Ave.Suite 201
Fort Collins,CO 60521-2604
v ripleyeom
being expanded to a four-lane arterial street from Drake Road to the north edge
of the Timberline Center property. Ultimately Timberline Road is planned to be a
six-lane arterial all the way to Prospect Road.
Side Hill Residential Subdivision is currently being built on the east side of
Timberline Road, and a King Soopers grocery store was recently completed just
south of Side Hill. The City's proposed Police Service Center will be constructed
just south of the Timberline Center property in 2006. A thriving employment
center already exists further south on Timberline including major employers,
small businesses and office buildings. The uses planned for Timberline Center
are primarily business service uses that will support the existing and planned
residential areas, as well as the existing employment center on Timberline Road.
The neighborhood has and is continuing to change since this site was place in
the T District. The northeast part of the site is currently zoned Industrial. In order
to be consistent, we believe that rezoning to the I District would be the most
appropriate zoning. All of the uses proposed for Timberline Center are permitted
in the I-Industrial District.
We believe this project will be a welcome addition to the community. It will
benefit the residential neighborhoods by providing goods and services closer to
home and will complement the employment uses in the Timberline corridor as
well. Thank you for your time and consideration and we look forward to working
with you during the development review process.
Sincerely,
Sandy McFeron
VF Ripley Associates, Inc.
NEIGHBORHOOD MEETING SUMMARY
PROJECT: Timberline Center Commercial Project
DATE: September 12, 2005
APPLICANT: Mr. Kris Fleischli
Mr. Craig Hau
CONSULTANTS: Linda Ripley, V-F Ripley and Associates
Sandy McFeron, V-F Ripley
Tricia Kroetch, Northstar Engineering
Steve Steinbicker, Architecture West
CITY PLANNER: Ted Shepard
The meeting began with a description of the proposed project. The project is
located on the west side of Timberline Road between Prospect Road and Drake
Road. It is approximately 18.5 acres in size and backs up to the Union Pacific
railroad tracks. The property is currently zoned Transition and the applicants will
request placement into the Industrial zone.
As proposed, the project includes a mix of uses including convenience shopping
center, retail stores, standard, fast food and drive-thru restaurant, offices, retail
stores with vehicle servicing, vehicle minor repair and service establishments,
and enclosed mini-storage. There would be multiple buildings that are one and
two-stories in height. These buildings would be designed in a similar
architectural style with regard to building materials, rooflines and color scheme.
Timberline Road is scheduled to receive major improvements along the front of
the Timberline Center property. With the new improvements, Timberline Road
will receive a center median with a left-in entrance into the project. The project
will also have a right-turn into the project and a right-turn exiting the project onto
Timberline Road. Primary vehicular access to the site is from Timberline Road.
Alternate access is from Nancy Gray Road onto Sagebrush Drive (scheduled to
be renamed to Joseph Allen Drive). This project will create a new road
connecting Timberline Road to Sagebrush Road called Bear Mountain Drive.
Unless otherwise noted, all responses are from the applicant or consulting team.
QUESTIONS, CONCERNS, COMMENTS
1. What are the sizes of the buildings?
A. One building is one-story in height and contains 7,200 square feet. We
have a two-story building that contains 14,500 square feet. Other
buildings range from 3,500 to 4,100 square feet. Since some of the end-
users are not known at this time, these sizes are estimates.
2. 1 am concerned about the appearance of the project as viewed from
Timberline Road. What is planned for the area along Timberline?
A. This area will be primarily turf and contain the stormwater detention pond.
In addition, between the sidewalk and curb, there will be a row of shade
trees. The buildings along Timberline will feature foundation shrubs.
3. 1 live in Parkwood East and am concerned about the lighting associated
with the enclosed mini-storage. What can you tell me about security
lighting in this area of the plan?
A. We have not prepared the Lighting Plan as of yet but it will be a part of the
submittal package to the City.
4. Would you consider building up a parapet screen wall on your western-
most building in order to shield the security lighting from the
neighborhood?
A. We have not considered a screen wall at this time.
5. 1 am familiar with the enclosed mini-storage facility next to Golden
Meadows and I am aware of the light intrusion and impacts on the
neighborhood. I know that for one family, they had to install customized
window treatments that would not allow light to penetrate.
6. What will be the exterior building materials and color of the mini-storage
facility? We are concerned about the quality of the aesthetics as seen
from Parkwood East.
A. The exterior will be of higher quality than the interior buildings. We
anticipate that the exterior materials will be a combination of masonry and
stucco to match the other buildings in the center.
7. What about grading? As viewed from the neighborhood, what is the site
elevation? Sometimes mini-storage facilities are raised up so there will be
no flooding. Will we be looking up at the mini-storage facility?
2
A. The site is generally flat and slopes from west to east. The stormwater
detention pond is on the low end and located on the east side of the site.
We do not plan on any major cuts or fills or raising of the site so the grade
that you see there today is very close to the finished grade for the
buildings.
8. Will there be a new traffic signal at your Timberline Road access drive?
A. No, this intersection is planned to feature three-quarter turning
movements. That is, there will be right-in, right-out and left-in allowed, but
no left-out turns.
9. Will there be a traffic signal at Nancy Gray Avenue?
A. Yes, Nancy Gray will be signalized as it is classified as a collector street
on the east side of Timberline in Sidehill subdivision, and is needed for the
new Police Services building on the west side.
10. 1 am concerned about partial improvements to Timberline Road. Will it
swing in and out from two-lane to four-lane? It is hazardous to narrow
down an arterial street to two-lane traffic.
A. Timberline Road will be widened to four lanes all the way to Prospect
Road.
11. Have you prepared a traffic study? I am curious about how much traffic
this project will be adding to Timberline Road.
A. The Transportation Impact Analysis has not been prepared yet. It will be
available to the public as soon as we submit it to the Current Planning
Department.
12. 1 am concerned about all these gas stations going in. How many do we
need? We already have one in Rigden Farm and one at Prospect and
Timberline. I have the same concern with quick-lubes, carwashes and
convenience stores. Why do we continue to duplicate these services so
close to each other? How many can the neighborhood support? It seems
that this project will generate an excessive amount of these types of
businesses.
A. Our market analysis tells us that the Timberline Road corridor will carry a
sufficient number of trips to support these uses. Our site is roughly three-
quarters of a mile away from the two existing gas stations that you
mentioned.
13. What is your construction schedule?
3
A. We would like to begin construction in the Fall of 2006.
14. What is planned for the vacant land to the south?
A. This land is owned by Mr. Brock Chapman and is zoned Employment.
15. The most westerly building concerns me. How far away is this building
from Parkwood East?
A. This building would be 20 feet from the west property line. Then, the
railroad right-of-way at this point is 165 feet wide. Then, between the
railroad right-of-way and Parkwood East is a stormwater detention pond
that is not uniform in width. This pond is wider to the south and then
tapers down in width as it proceeds north.
16. Will the carwash be a self-serve facility open 24-hours?
A. No, it will be a full-serve facility like Ritchies on South College Avenue and
not open on a 24-hour basis.
17. 1 am concerned about reliance on just deciduous shade trees for
screening this project from the neighborhood. Evergreen trees will be
needed as well for screening in the winter.
A. We agree and will provide evergreen trees to help screen the mini-
9 P 9 P
storage.
18. Is this the site of the old pipe plant that used to make all the noise at
night?
A. Yes. The pipe plant moved to Utah.
4