HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/21/2006 - ITEMS RELATING TO THE AIRPARK VILLAGE ANNEXATION A ITEM NUMBER: 25 A-C
AGENDA ITEM SUMMARY DATE: March 21, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Airpark Village Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2006-038 Setting Forth Findings of Fact and Determinations Regarding the
Airpark Village Annexation.
B. Hearing and First Reading of Ordinance No. 053, 2006, Annexing Property Known as the
Airpark Village Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 054 , 2006, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Airpark Village Annexation to the City of Fort Collins, Colorado.
This is a 100%voluntary annexation and zoning of a property approximately 148 acres in size. The
site is an existing,privately owned airport and three abutting properties, all generally located north
of East Lincoln Avenue, south of East Vine Drive and west of Timberline Road. Contiguity with
the existing municipal boundary is gained along portions of the west and east property lines. The
east property line abuts the Dry Creek Subdivision.
BACKGROUND
The property is located within the Growth Management Area(GMA). According to the policies and
agreements between the City of Fort Collins and Latimer County contained in the Intergovernmental
Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider
annexation of property in the GMA when the property is eligible for annexation according to state
law.
The parcel gains the necessary one-sixth contiguity along portions of the west and east property
lines. Of the total perimeter boundary,the parcel has 25.53%contiguity with the City limits. This
exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore, complies with the
March 21, 2006 -2- Item No. 25 A-C
requirements of the Intergovernmental Agreement— Growth Management Area and is eligible for
annexation.
This is a 100% voluntary annexation for a property located within the Growth Management Area.
The property satisfies the requirement that no less than one-sixth of the perimeter boundary be
contiguous to the existing City boundary. The recommended zoning of E, Employment, is in
compliance with the City's Comprehensive Plan, Structure Plan Map and East Mulberry Corridor
Plan. Staff recommends the parcel be placed within the Residential Neighborhood Sign District.
The original Initiating Resolution was considered by City Council on May 3, 2005 and has since
lapsed. The request was re-initiated February 7, 2006 and approved. On May 19, 2005 and again
on July 21, 2005, the Planning and Zoning Board considered both the annexation and zoning
request.
Consistency with Existing Policies
According to the policies and agreements between the City of Fort Collins and Larimer County,
contained in the amended (November 21, 2000) Intergovernmental Agreements — Growth
Management Area (IGA), the City will agree to consider for annexation property in the UGMA
when such property is eligible for annexation according to state law. According to Section 8A of
the IGA, as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N: I—Industrial (County); Burlington Northern Railroad tracks and switching yard
S: I — Industrial (County); Existing Industrial Park (For Collins Community Airpark
Subdivision)
E: L-M-N; Existing Dry Creek Mobile Home Park
E: I — Industrial (County); Existing Industrial Park (Industrial Business Park
International P.U.D.)
W: I—Industrial (County); Existing Industrial Park(Fort Collins Business Center, Fort
Collins Industrial Park, Fort Collins Community Airpark Subdivision)
The parcel gains the necessary one-sixth contiguity along the portions of the west and east property
lines. Of the total perimeter boundary,the parcel has 25.53% contiguity with the City limits. This
P �'Y P Su ty
exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore, complies with the
requirements of the Intergovernmental Agreement—Growth Management Area and is eligible for
annexation.
One of the stated intents of the Agreement is to have urban development occur within the City in
order that the provision of urban level services by the County would be minimized. This is a 100%
voluntary annexation. The parcel is not an enclave. On February 7, 2006, City Council approved
March 21, 2006 -3- Item No. 25 A-C
a Resolution which accepted the annexation petition and established that the petition is in
compliance with State statutes.
Zoning
A. Employment Zone District
The proposed zoning for the Airpark Village Annexation is E, Employment. As stated in the Land
Use Code:
(A) Purpose. The Employment District is intended to provide locations for a variety of
workplaces including light industrial uses,research and development activities, offices and
institutions.This District also is intended to accommodate secondary uses that complement
or support the primary workplace uses, such as hotels, restaurants, convenience shopping,
child care and housing.
Additionally,the Employment District is intended to encourage the development of planned
office and business parks;to promote excellence in the design and construction ofbuildings,
outdoor spaces, transportation facilities and streetscapes; to direct the development of
workplaces consistent with the availability of public facilities and services; and to continue
the vitality and quality of life in adjacent residential neighborhoods.
B. Mixed-Use Dwelling Units—Condition of Zoning
At the September 6, 2005 Council consideration of the Amendment to the East Mulberry Corridor
Plan,the petitioners voluntarily offered to restrict the extent of potential housing types to Mixed-use
Dwelling Units only. These units are defined as:
"Dwelling, mixed-use shall mean a dwelling that is located on the same lot or in the
same building as a nonresidential use."
Citizen input during consideration of the plan amendment identified a potential issue with
neighborhood compatibility. Since Employment zoning offers a more diverse range housing types
than Industrial zoning,the concern was that multi-family housing complexes could be constructed.
Such projects could potentially lead to complaints regarding the existing helicopter operations that
are located in the immediate vicinity. This self-imposed restriction was offered as a mitigation
technique to promote neighborhood compatibility by allowing only one particular type of housing
product within the annexation boundary.
C. Residential Neighborhood Sign District
In addition, staff recommends the parcel be placed within the Residential Neighborhood Sign
District which was created for the purpose of regulating signs for non-residential land uses in certain
geographic locations of the City. Although it may appear incongruous to apply the Neighborhood
Sign District to parcels in the Employment zone,the applicant has stated that mixed-use residential
dwelling units would be a key component of any future development plan.
March 21, 2006 -4- Item No. 25 A-C
Compliance with State Law
As mentioned,the annexation has 25.53%of its perimeter boundary contiguous with existing City
limits which exceeds the required one-sixth as mandated by State law. Further, the parcel is found
to have a community of interest with the City and the parcel is expected to urbanize shortly.
East Mulberry Corridor Plan Amendment
The East Mulberry Corridor Plan (EMCP) was adopted September 17,2002. The Plan shows two
scenarios for the Downtown Airpark. One assumes continuing operations as an airport while the
other indicates redevelopment. The redevelopment scenario is referred to in the EMCP as the
"Framework Overlay Plan"and calls for combination of Industrial (60%) and Employment(40%)
zoning to be placed on the Airpark property.
On September 6, 2005, Council amended the "Framework Overlay Plan" of the East Mulberry
Corridor Plan by Resolution 2005-098. This amendment changed the recommended zoning of the
Airpark from a mix of Industrial (60% - northwest portion) and Employment (40% - southeast
portion) to Employment (100%).
Findings of Fact and Conclusion
In evaluating the request for the Airpark Village Annexation and Zoning, staff makes the following
findings of fact:
A. The annexation of this parcel is consistent with the policies and agreements
between Larimer County and the City of Fort Collins, as contained in the
amended Intergovernmental Agreement— Growth Management Area.
B. The parcel meets all criteria included in state law to qualify for annexation
by the City of Fort Collins.
C. The requested zone district, E, Employment, is in conformance with the
City's Comprehensive Plan and the Amended"Framework Overlay Plan of
the East Mulberry Corridor Plan.
D. Staff recommends that a condition be placed on the Employment zone
district such that Mixed-use dwelling units shall be the only permitted
housing type allowed within the annexation boundary.
E. Staff recommends the parcel be placed within the Residential Neighborhood
Sign District based on the applicant's statements that mixed-use dwelling
units will comprise a key feature of future development.
F. On February 7, 2006, City Council approved the Resolution which accepted
the annexation petition and determines that the petition is in compliance with
State law.
March 21, 2006 -5- Item No. 25 A-C
Recommendation of the Planning and Zoning Board
In matters pertaining to annexation,zoning and amendments to adopted sub-area plans,the Planning
and Zoning Board is authorized only to make recommendations to City Council. Since these actions
are legislative and not quasi-judicial, final authority rests with Council. The Board took the
following actions:
A. May 19, 2005:
Voted 5 —0 to recommend annexation of the subject parcel.
Voted 4— 1 to recommend the parcel be zoned Industrial.
B. July 21, 2005:
At the request of the applicant, the Board considered additional information and voted 6-0
to recommend the parcel be zoned Industrial (60%) and Employment(40%) in accordance
with the East Mulberry Corridor Plan Framework Overlay Plan.
C. April 20, 2006:
Due to City Council amending the East Mulberry Corridor Plan on September 6, 2005,the
Planning and Zoning Board will reconsider its initial zoning recommendation. The Planning
and Zoning Board recommendation will be forwarded to City Council at Second Reading
on May 2, 2006.
ATTACHMENTS
1. Maps
2. Resolution 2005-098
Material submitted by Applicant
3. Avigation Covenant
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ATTACHMENT
RESOLUTION 2005-098 C p
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE "FRAMEWORK OVERLAY PLAN" WHICH
IS A PART OF THE EAST MULBERRY CORRIDOR PLAN
WHEREAS,on September 17, 2002, the City Council adopted the East Mulberry Corridor
Plan(the"Plan")to show two scenarios for the downtown airpark,one being the continued operation
of the airpark and the other being the redevelopment of the airpark; and
WHEREAS, under the redevelopment scenario, the "Framework Overlay Plan" which is a
part of the Plan calls for the combination of industrial and employment zoning(respectively in the
amount of 60% and 40%) to be placed upon the airpark property; and
WHEREAS, the City has received an application to amend the "Framework Overlay Plan"
so that the entire downtown airpark would be placed in the"E" Employment Zone,thus eliminating
the Industrial Zone from the downtown airpark property; and
WHEREAS,after due deliberation on May 19,2005,and on July 21,2005,the Planning and
Zoning Board has recommended that the City Council deny the applicant's request and retain the
original mix of industrial and employment zoning as called for in the "Framework Overlay Plan";
and
WHEREAS, notwithstanding the recommendation of the Planning and Zoning Board, the
Council has determined that compatibility issues which may arise as a result of the change of zoning
of the airpark site to 100% "E" Employment can be addressed at the time of project development
plan approval, and that the "Framework Overlay Plan" of the East Mulberry Corridor Plan should
be amended to place the entire downtown airpark site in the "E" Employment zone district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council finds that the East Mulberry Corridor Plan "Framework Overlay Plan"
is in need of amendment and that the proposed amendment will promote public welfare and will be
consistent with the vision,goals,principles and policies of City Plan and the East Mulberry Corridor
Plan, and that, accordingly, the "Framework Overlay Plan" of the East Mulberry Corridor Plan is
hereby amended so as to appear as shown on Exhibit "A" attached hereto and incorporated herein
by this reference.
Passed and adopted at a regular meeting of the City Council held this 6th day of September,
A.D. 2005.
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Mayor
ATTEST:
City Clerk
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ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: September 6, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2005-098 Amending the "Framework Overlay Plan" which is a Part of the East
Mulberry Corridor Plan.
RECOMMENDATION
Staff does NOT recommend adoption of the Resolution.
EXECUTIVE SUMMARY
The East Mulberry Corridor Plan (EMCP) was adopted September 17, 2002. The Plan shows
two scenarios for the Downtown Airpark. One assumes continuing operations as an airport
while the other indicates redevelopment. The redevelopment scenario is referred to in the EMCP
as the "Framework Overlay Plan" and calls for a combination of Industrial (60%) and
Employment(40%)zoning to be placed on the Airpark property.
An application has been received to amend the Framework Overlay Plan so that the entire
Downtown Airpark would be placed in the Employment zone, thus eliminating the Industrial
zone. On May 19, 2005, the Planning and Zoning Board voted 5 to 0 to annex the property but
denied the request to convert the entire 148 acres to Employment zoning. On July 21, 2005,
after additional information was presented to the P&Z Board, the Board voted 6—0 to deny the
applicant's request for 100% Employment zoning and retain the original mix of Industrial and
Employment zoning as called for in the EMCP and shown on the Framework Overlay Plan.
BACKGROUND
The applicant has entered into a purchase contract for the Downtown Airpark. Along with two
abutting properties, the applicant is requesting a consolidated annexation of 148 acres into the
City. Annexation is not an issue. The applicant is requesting an amendment that would, upon
annexation, place the entire 148 acres into the Employment zone. By recommending denial of
the applicant's request, the Planning and Zoning Board preserves the adopted Framework
Overlay Plan which calls for a mix of Industrial (6(r - northwest portion) and Employment
(40%- southeast portion)zoning.
September 6, 2005 -2- Item No. 23
Summary of the Planning and Board's Recommendations
In matters pertaining to annexation, zoning and amendments to adopted sub-area plans, the
Planning and Zoning Board is authorized only to make recommendations to City Council. Final
zoning authority rests with Council. The Board took the following actions:
A. May 19, 2005:
Voted 5 —0 to recommend annexation of the subject parcel.
Voted 4— 1 to recommend the parcel be zoned Industrial.
B. July 21,2005:
At the request of the applicant, the Board considered additional
information and voted 6 — 0 to recommend the parcel be zoned
Industrial (60%) and Employment (40%) in accordance with the
East Mulberry Corridor Plan Framework Overlay Plan.
Compatibility—Helicopter Operations Vis-A-vis Employment Land Uses
The central issue is compatibility between existing and future land uses. There are more
opportunities for a variety of residential uses under Employment versus Industrial zoning. The
applicant testified that mixed-use dwelling units located above or adjacent to non-residential
land uses, could possibly be placed at the northwest end of the property whereas the commercial
and industrial uses would be placed closer to the Mulberry Street and Timberline Road
intersection.
The P & Z Board considered the testimony from two existing businesses associated with
helicopter aviation. These businesses do not rely on the Downtown Airpark for aviation
operations. While these two businesses have enjoyed the open air space provided by the
Downtown Airpark, they do not depend upon it. Rather,they are capable of take-oil:'and landing
from their own heliports on their individual private property. (Private heliports are governed by
the Federal Aviation Administration. For example, Poudre Valley Hospital has a heliport on the
east side of its property.)
Consequently, the two businesses are keenly interested in the potential land uses on the re-
developed Airpark property. According to these businesses, the most troubling potential land
use is residential, particularly mid-rise structures which could possibly impede operations. In
addition, the close proximity of residential to helicopter operations could lead to noise
complaints from fixture residents.
Timing of When to Address the Compatibility Issue
The P &Z Board indicated that the best time to address the compatibility issue is now at the time
of annexation and zoning of the property. Since each zone district includes a specific list of
September 6, 2005 •3- Item No. 23
permitted uses, the zoning of the property is the key step in setting the stage for compatibility
between existing and future land uses.
In contrast, the applicant contends the best time to tackle compatibility issues would be at the
time of Overall Development Plan and Project Development Plan. Since compatibility issues
can be influenced by such design attributes as site planning, layout of the streets and building
setbacks, it would be presumptuous to assume that compatibility issues cannot be resolved
through a logical and orderly design process that involves citizen participation, review by Staff
and consideration by the Hearing Officer or Planning or Zoning Board.
Mix of Residential Land Uses Allowed In the Industrial and Employment Zones
There is a difference in the extent of allowable residential development between the Industrial
and Employment zones.
Industrial Zone: Employment Zone:
Mixed-Use D.U.* Mixed-Use D.U.*
Boarding&Rooming Houses Single Family Detached
Two-Family
Multi-Family
Mobile Home Parks
Group Homes
Boarding&Rooming Houses
* A"Mixed-Use Dwelling Unit' is defined as:
"Dwelling, mixed-use shall mean a dwelling that is located on the same lot or in the same
building as a nonresidential land use."
The Industrial zone does not distinguish between a primary use and a secondary use. The
Employment zone,however, takes all the permitted land uses and divides them between primary
and secondary categories. Among all the permitted residential dwelling units in the
Employment zone, mixed-use dwelling unit is the only one designated as a primary use. All
others are secondary.
• Under both I and E zones, mixed-use dwelling units are permitted, and in
the E zone they are granted primary status.
• The Employment zone allows a greater diversity of allowable residential
uses.
• While the E zone allows a greater diversity, all dwelling units, with the
exception of mixed-use, are considered secondary. Secondary uses in the
E zone are not permitted to occupy more than 25% of the total gross area
of the development plan.
September 6, 2005 -4- Item No. 23
• For the applicant, the logical conclusion is that mixed-use dwelling units
are permitted in both zones. Therefore, the desired Employment zoning
would be roughly equivalent to Industrial zoning.
• For the businesses associated with helicopter operations, there is no
guarantee, at this stage in the process, that mixed-use dwelling units will
be the only housing type associated with the project. Employment zoning
clearly permits a diversity of housing types including multi-family which
could result in three-story buildings. Therefore, Employment zoning
represents a risk that could lead to operational and compatibility issues.
Planning and Zoning Board Deliberation
The P & Z Board debated the merits of maximizing protection for the helicopter businesses
(Industrial zoning) versus maximizing flexibility for the applicant (Employment zoning). The
Board indicated that at this stage in the process, zoning is the only issue at hand. The Board
cannot, at this stage, address issues that are more related to site specific design and other
attributes that could contribute to mitigation of impacts associated with development. Zoning is
not the appropriate tool to reach such a level of refinement as to satisfy the parties.
The applicant offered such mitigation measures as granting avigational easements for take-offs
and landings, and requiring residential purchasers to sign a disclosure statement acknowledging
the presence of helicopter operations. Further, evidence was submitted regarding relative
decibel levels associated with helicopter operations. Finally, the applicant indicated that
building placement, height restrictions and strategic placement of parking lots and stormwater
detention ponds could all contribute to achieving compatibility.
The Board considered all the testimony and decided in favor of retaining the Framework Overlay
Plan that calls for Industrial zoning on 60% of the northwest portion of the parcel and
Employment zoning on 40% of the southeast portion of the parcel. This preserves the EMCP as
written and builds in, at this time, a cautious approach to land use that favors industrial-related
activities.
Staff Recommendation
Staff recommends upholding the Planning and Board decision to retain the mix of Industrial and
Employment zoning as indicated on the EMCP Framework Overlay Plan. Staff originally
recommended approval of the applicant's request for overall Employment zoning at both the
May 19th and July 21 st Planning and Zoning Board hearings.
Upon considering the public testimony and weighing the Board's deliberations at both hearings,
Staff now concludes that the proposed plan amendment may create compatibility issues with the
surrounding property owners. The cautious approach would be to install some level of
compatibility through zoning at this time.
September 6, 2005 -5- Item No. 23
Throughout the formulation of the EMCP and subsequent discussions since adoption, Staff
assumed the helicopter operators were directly associated with the Downtown Airpark. Staff
also assumed that with the purchase option and potential re-development of the Airpark
property, these businesses would relocate along with all other aircraft-related users. With the
recent realization that the existing helicopter businesses intend to remain in their present
locations, Staff's recommendation is consistent with the P &Z Board's concern regarding issues
of compatibility.
All parties recognize that placement into a zone district is but one tool in determining the
development of the subject 148 acres. In particular, the Board asked if there was a process by
which there could be a blending of the Industrial and Employment land uses subject to meeting
certain compatibility requirements. In response, Staff replied that such a process would be a
combination of both zoning and master planning and these processes cannot be achieved at the
same time. Only upon submittal of a future Overall Development Plan and Project Development
Plan can there be a thorough discussion and refinement of compatibility issues.
ATTACHMENTS
Materials Submitted by Staff`'
1. Vicinity Map
2. Memo to P&Z for July 21 st Hearing with Attachments
3. Staff Report to P&Z for May 19th Hearing with Attachments
4. Minutes to Board Hearings
5. Framework Overlay Map
Materials Submitted by Applicant
6. Information Packet Prepared for September 6th City Council Meeting
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Commu._ty Planning and Environmental . .:rvices ATTACHMENT 2
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7/21/05
Ted Shepard
City of Fort Collins
MEMORANDUM
TO: Planning and Zoning Board
FROM: Ted Shepard, Chief Planner
RE: Airpark Village Annexation and Zoning
DATE: July 8, 2005
1. end;
On May 19, 2005, the P&Z Board voted to approve the annexation of the
Airpark V1IkW but with a recommendation of Industrial zoning versus the
applicant's preference for Employment zoning. The applicant has re-submitted a
request for Employment zoning which requires an amendment to the East
Mulberry Corridor Plan Overlay Framework Plan. Additional materials have been
provided for the Board's consideration.
2. Now n:
The applicant has provided information on the three existing heMcopter
operations In the vicinity as well as data on noise and safety. Further information
Is provided on a safe rate of ascent and descent for a typical helicopter.
In addition,the applicant has provided Iniomnation on the planned potential uses
that would be a component of a development in the Employment zone. The key
piece of new information is that the type of multi-famiy enviskmed for the project
Is related to mbwWee dwelling units, not typical multi-family apartment buildings
or condominiums.
3. Conmobility Issues,
One of the concerns expressed by the Board is the potential for existing
helicopter operations to become Incompatible with future rnuiti-famly residential.
The materials submitted by the applicant Indicate that there is potential for
compatibility to be achieved. Testimony from both the applicant and the
281 North College Avenue • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6750 • FAX(970)416-2020
helicopter operators may provide more insight on this Issue. For example, the
predominance of mixed-use dwelling units versus muiti family apartments or
condos may be an important factor In e voluating a future P.D.P.
While compaNblNty among various eudsft and future land uses remains an
Important Issue, Staff Is concerned the Issue of compatibility, at this point In the
process, Is too hypothetical to Introduce Into a discussion about an amendment
to the East Mulberry Corridor Plan. Instead, the discussion should focus on the
broader policy of placing an Employment zone disW need to an existing County
light Industrial area.
Staff concerns are as follows:
A. City Mb Plan—AN Zones Are ced-Use
The Citys Employment zone district Is, by design, a mixed-use zone. Under City
Plan, there are no single-use zone districts. The existing airpark area, in
contrast,was developed in the County under a sirgMA= land use pattern. The
Ckys Employment zone requires 75% of the land area to be devoted to primary
uses. Both the City and County zones allow light Industrial land uses. Although
County Industrial zoning Is the prevailing land use pattern In the knmsdlete area,
this pattern was established in the 1900's on an Individually pkdted lot basis.
The Airpark Mi age proposal, however, represents a ntod-use master planned
project that allows all 147 acres to be evaluated and reviewed on a
comprehensive beefs.
B. Compatibility is a General Development Standard
The issue of compatibility requires the applicant to provide a level of planning
detail that is more pertinent to a P.D.P. versus a comprehensive plan
amendment. Under the old L.D.G.S. system, a land use was not permitted until
compatibility Issues were resolved and a Preliminary P.U.D. was granted by the
Planning and Zoning Board. Since most of the land area in the City was eligible
for a P.U.D., this system was viewed as being unpredictable for surrounding land
owners.
Under City Plan, however, sub area plans and the Stnicture Plan Map determine
the locations of the various zone districts. Each zone then contains a Nat of
permitted uses are allowed. All the uses Noted are considered appropriate for
that more. Once a zone Is decided upon, we cannot pick and choose which of
the permitted uses are favored over arK*wr. Compatibility is than evaluated on
a per P.D.P. basis by compliance with specific General Devekgxr end and Zone
Diabict standards and only at the time of a specific development.
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C. Section 3.8.26—'Residential Buffering'
Existing Industrial development, whether City or County, Is protected from future
residential development by the provision of Section 3.8.28 of the Land Use Code.
This section Is titled 'Residential Buffering'and places the burden of achieving
compatibility on the new residential development, not the existing industrial area.
For example, an existing helicopter operation would require a subsequent
residential developer to provide the minimum buffer yard with a minimum amount
of plant material. These are General Development Standards that would be
applied on a city-wide basis and not restricted to any one particular zone district.
D. Give Compatibility a Charms
Since the policy discussion Is on a comprehensive planning level, It Is premature
to assume that the details of compatibility cannot be achieved. There have been
several compelling ideas offered such as an avigatlonal easement in conjunction
with a buffer zone that could include panting areas but no buildings. Other ideas
Include spec fying building setbacks and building height Nmitatbns In oertain
areas. These measures are not meant to be exhaustive but represent examples
that indicate potential for achieving compatibility between an urban mbod-use
development and existing industrial development. As the process moves
forward, and land use planning becomes more defined,thers Is little doubt that
other creative Ideas will be forthcoming.
E. East Mulberry Corridor Plan
The Impetus of the East Mulberry Corridor Plan was to provide a vision and
catalyst to northern gateway into the City. The Plan recognizes that there are
significant design challenges given the extent of existing development. The Plan
states:
.In the face of continued growth and charge, Impacts are changing the
area's quality of life. Concerned citizen have shared their view about
these impacts. Traffic congestion Is Increasing. Streets are In disrepair.
In many areas, curb and gutter is lacking. Due to three existing
floodplains within this study area, storm drainage is a major concern.
Safety is a particular Moue for anyone traveling—whether by vehicle, bike,
bus or on foot Larimer County does not have the financial capacity to
provide the full range of urban services needd for the study area. The
bottom line is this area's Infrastructure will continue to decline. Ultimately,
existing property owners will be assessed to fund their Inhastrurture
Improvements. Depending in which jurisdiction the home or business
resides, these Improvements will need to be coordinated with either the
City and/or County. With continued Inaction, quality of the East Mulberry
Corridor area could mean:
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• more deterioration of streets and other facilities
• missed opportunities for redevelopment
lack of certain facilities and services
• Inadequate funding for needed infrastructure Improvements
• lack of partnerships for publiciprivate development
• a piecemeal, rather than"whole picture"approach to future
solutions
• lost chances for enhancing the corridor as a key entryway into Fort
Collins.
Allowing the subject 147 acres to be zoned Employment provides greater
opportunities for mixed-use development and continues to implement the larger
vision of re-developing the Corridor.
F. Buildable Lands Inventory
At the May hearing, a concern about the opportunity cost of giving up Industrial
land in favor of Employment land was raised. Staff is comfortable that a
SUMCIent amount of land area is set aside for the Industrial zone district in both
the city limits and Growth Management Area particularly given today's absorption
rates. Most modern-day industrial uses qualify as alight industrial-which Is a
permitted land use In both the Employment and Industrial zone districts.
G. E.M.C.P. —Overlay Framework Plan
The E.M.C.P. Indicates that In the event of the redevelopment of the Afrpark,
approximately 40%of the area would be appropriate for the Employment zone.
A blend of uses is anticipated that includes the mix offered by the Employment
zone and the character of uses offered by the Industrial zone. Staff contends
that this mix is not jeopardised by conversion of land to Employment. Rather, it
Is the mix of uses offered by the Employment zone that provides viability for
redevelopment and a catalyst for fulfilling the vision of the E.M.C.P.
In conclusion, Staff is concerned that a detailed discussion about compatibility Is
best reserved for a P.D.P., not a comprehensive plan amendment. The
Buildable Lands Inventory Indicates that suMdent land area remains for pure
Industrial type uses. The Overlay Framework Plan Indicates that Employment
uses are an appropriate Inclusion into the redevelopment of the Alrpark and will
contribute to a mix of potential land uses. Allowing the Employment zone over
4
the entire Airpark enhances the land use mbc and does not preclude industrial
development.
From the perspective of evaluating an amendment to the East Mulberry Corridor
Plan, Staff finds that the placement of the Employment zone, as described on the
Alrpork Village Annexation and Zoning request, satisfies the criteria by which to
amend City Plan.
4. Racommendatlon•
Staff continues to reoommend approval of the Airpark Village Arxrexation and
Amendment to the East Mulberry Corridor Plan that would allow placement Into
the Employment zone district.
5
ATTACHMENT
Avigation Covenant
WHEREAS, Airpark Village LLC and assigns, hereinafter called the "Grantors," are the
owners in fee of those certain parcels of land situated in Larimer County, State of
Colorado, more particularly described as follows: hereinafter called "the property",
or "the property."
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
"Grantors," does (sic) hereby grant to the City of Ft Collins, a body corporate, and politic,
hereinafter referred to as "Grantee," its successors and assigns, a perpetual easement in
gross for helicopter operation, sound and noise, avigation and flight, hazard and air space,
referred to hereinafter, one word for the entirety, as a perpetual, nonexclusive avigation
easement in, to, over and through all air space above Grantors property, as particularly
described hereinbefore, and on and to the surface of the property and on, to and through
all structures now existing or hereafter constructed on the property, or any portion of the
property-
The Grantors herein, their heirs, administrators, executors, successors and assigns, grant
the aviation easement to Grantee, for the use and benefit of the public, including, but not
limited to for the passage of all helicopters ("helicopters") being
defined for the purposes of this instrument as any contrivance now known or hereafter
invented, used or designed for navigation of or flight in the air) by whomsoever owned
and operated, together with the rights to cause in all air space above, and on and to, the
surface of Grantors property (including all structures) such noise, vibrations, fumes, dust,
fuel particles and all other effects that may be caused by the operation of helicopter
landing at, or taking off from, or operating at and any other
air facility which is or may be located at or near the site of the airpark village project, for
themselves, and all purchasers, administrators, executors, successors and assigns to the
property at any time, and in perpetuity, do hereby fully waive, remise and release any
right or cause of action which they may now have or which they may otherwise accrue in
the future against Grantee, its successors and assigns, due to such noise, vibrations,
fumes, dust, fuel particles and all other effects that may be caused or may have been
caused by the operation of helicopter landing, at or taking off from, or operating at or
near said airpark village.
TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the
Grantee, its successors and assigns, it being understood and agreed that these covenants
and agreements shall run with the land.
This easement is granted for any use by those helicopter businesses,present at the
Airpark Village site and air facility which is or may be located at or near the site,
including any future change or increase in the boundaries of the project, the type or
models of helicopter using any helipad or air facility, the volume or nature of operation
of the airport or air facility, or the helicopter using such facility or airspace in the vicinity.
RESOLUTION 2006-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE AIRPARK VILLAGE ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Airpark Village Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future;and that said property is integrated with or is capable ofbeing integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the
Airpark Village Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 053, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
AIRPARK VILLAGE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2006-011,finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS,the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A tract of land situate in Sections 7 and 8,Township 7 North, Range 68 West of the
Sixth P.M.,County of Larimer,State of Colorado,which,considering the North line
of the West 1/2 of said Section 8 as bearing S89"28'51"E and with all bearings
contained herein relative thereto,is contained within the boundary lines which begin
at a point which bears S16°38'S9"W 4367.77 feet from the North 1/4 Corner of said
Section 8, and run thence S00*17'01"W 687.33 feet to the Northeast Comer of Lot
3 of the Replat of Lot 1,Fort Collins Community Airpark Subdivision;thence along
the Northerly line of said Lot 3, N59°04'20"W 269.73 feet; thence S38°07'20"W
228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence
S40°48'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway
Avenue;thence along said Southerly right-of-way line,along the arc of a 100.00 foot
radius curve to the left a distance of 4.77 feet, the long chord of which bears
N50°32'47"W 4.77 feet, and again N51°54'51"W 1002.79 feet;thence N38°46'56"E
337.18 feet to the Northeast Comer of Lot 29, Fort Collins Community Airpark
Subdivision;thence along the Northerly line of said Fort Collins Community Airpark
Subdivision, N51°47'27"W 921.48 feet to a point on the Easterly right-of-way line
of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a
100.00 foot radius curve to the right a distance of 17.45 feet,the long chord of which
bears S33°12'32"W 17.43 feet; thence N51°47'33"W 100.00 feet to a point on the
Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of-
way line,along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet,
the long chord of which bears N06°58'49"W 28.26 feet, and again N52`01'54"W
862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a
distance of 77.75 feet, the long chord of which bears N35°13'30"W 76.66 feet, and
again along the are of a 214.40 foot radius curve to the left a distance of 125.62 feet,
the long chord of which bears N35°24'16"W 123.84 feet;thence along the Northerly
line of the Second Replat of the Fort Collins Industrial Park,N52°20'S1"W 1462.19
feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial
Park; thence along the West line of said Lot 106A, S00°23'41"E 30.80 feet; thence
along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins
Business Center 1st Filing,N52°03'36"W 480.54 feet;thence along the Northerly line
of Fort Collins Business Center 2nd Filing, N52°08'56"W 599.99 feet; thence
N37`43'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88°32'50"E
1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision;
thence along the Westerly line of said Tract S, S00°18'06"E 171.84 feet, and again
N88°14'57"E 422.85 feet, and again S55'25'36"E 400.19 feet, and again
S00°00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor
Subdivision, S55°19'53"E 1778.89 feet to the Southeast Corner of said Dry Creek
Minor Subdivision;thence along the East line of said Dry Creek Minor Subdivision,
N00°06'35"E 121.43 feet to a point on the Northerly right-of-way line of International
Boulevard; thence along said Northerly right-of-way line, S55°19'53"E 945.07 feet,
and again S89°29'21"E 802.17 feet; thence S00°05'31"W 1299.48 feet to the point
of beginning, containing 147.8331 acres, more or less, and being subject to all
easements and rights-of-way which are existing or are of record or as shown on this
plat.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Airpark Village Annexation, which annexation shall become effective in accordance with the
provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings
for recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains,sewer lines,gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2006, and to be presented for final passage on the 2nd day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 054, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE AIRPARK VILLAGE ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
ZoningMa and Zone Districts of the Ci • and
P City;
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the
property which is the subject of this ordinance, and has determined that the said property should be
zoned 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 of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Airpark Village Annexation to the City of Fort Collins, Colorado, in the
Employment ("E") Zone District, which property is more particularly described as situate in the
County of Larimer, State of Colorado, to wit:
A tract of land situate in Sections 7 and 8,Township 7 North,Range 68 West of the
Sixth P.M.,County of Larimer, State of Colorado,which,considering the North line
of the West 1/2 of said Section 8 as bearing S89°28'51"E and with all bearings
contained herein relative thereto,is contained within the boundary lines which begin
at a point which bears S16°38'S9"W 4367.77 feet from the North 1/4 Corner of said
Section 8, and run thence S00*I T01"W 687.33 feet to the Northeast Comer of Lot
3 of the Replat of Lot 1,Fort Collins Community Airpark Subdivision;thence along
the Northerly line of said Lot 3, N59°04'20"W 269.73 feet; thence S38°07'20"W
228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence
S40°48'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway
Avenue;thence along said Southerly right-of-way line,along the arc of a 100.00 foot
radius curve to the left a distance of 4.77 feet, the long chord of which bears
N50°32'47"W 4.77 feet, and again N51*54151"W 1002.79 feet; thence N38°46'56"E
337.18 feet to the Northeast Comer of Lot 29, Fort Collins Community Airpark
Subdivision;thence along the Northerly line of said Fort Collins Community Airpark
Subdivision, N51°47'27"W 921.48 feet to a point on the Easterly right-of-way line
of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a
100.00 foot radius curve to the right a distance of 17.45 feet,the long chord of which
bears S33°12'32"W 17.43 feet; thence N51`47'33"W 100.00 feet to a point on the
Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of-
way line,along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet,
the long chord of which bears N06°58'49"W 28.26 feet, and again N52*01'54"W
862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a
distance of 77.75 feet, the long chord of which bears N35'13'30"W 76.66 feet, and
again along the arc of a 214.40 foot radius curve to the left a distance of 125.62 feet,
the long chord of which bears N35°24'16"W 123.84 feet;thence along the Northerly
line of the Second Replat of the Fort Collins Industrial Park,N52`20'51"W 1462.19
feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial
Park; thence along the West line of said Lot 106A, S00°23'41"E 30.80 feet; thence
along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins
Business Center 1 st Filing,N52"03'36"W 480.54 feet;thence along the Northerly line
of Fort Collins Business Center 2nd Filing, N52°08'56"W 599.99 feet; thence
N37°43'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88°32'50"E
1505.93 feet to the Northeast Comer of Tract S, Dry Creek Minor Subdivision;
thence along the Westerly line of said Tract S, S00*18'06"E 171.84 feet, and again
N88`14'57"E 422.85 feet, and again S55°25'36"E 400.19 feet, and again
S00*00'36"W 5 10.00 feet; thence along the Southerly line of said Dry Creek Minor
Subdivision, S55"19'53"E 1778.89 feet to the Southeast Corner of said Dry Creek
Minor Subdivision;thence along the East line of said Dry Creek Minor Subdivision,
N00°06'35"E 121.43 feet to a point on the Northerly right-of-way line of International
Boulevard; thence along said Northerly right-of-way line, S55`19'53"E 945.07 feet,
and again S89°29'21"E 802.17 feet; thence S00°05'31"W 1299.48 feet to the point
of beginning, containing 147.8331 acres, more or less, and being subject to all
easements and rights-of-way which are existing or are of record or as shown on this
plat.
Section 2. That any residential development upon the above-described property shall be
limited to "mixed use dwellings" as that term is defined in the Land Use Code.
Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is included in the Residential Neighborhood Sign District.
Section 4. That 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 21st day of
March, A.D. 2006, and to be presented for final passage on the 2nd day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk