HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/03/2006 - SECOND READING OF ORDINANCE NO. 170, 2005, AMENDIN ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: January 3, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Second 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 Second Reading.
EXECUTIVE SUMMARY
This Ordinance,which was unanimously adopted on First Reading on December 20,2005,rezones
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.
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 determned 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 (E1/2) 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 comer of said Section 19 and assuming the East
line of the Northeast Quarter(NE I/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 comer 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 of that 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 S WD 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(t),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, dered published this 20th day of
December, A.D. 2005, and to be presented for final p o the jda ofJi u ,A. . 2006.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of January,A.D. 2 p g y ary, 006.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: December 20, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT w
V"
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 1 (711at
' T siti "to I, Industrial. The parcel is
located on the west side of Ti rline R o f mile north of East Drake Road.
The Union Pacific Railroad ri t-of-waestern b ndary. 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 N 0 ,
East: L-M-N (Low Density d-Us ighb h d); a t ide Hi112nd)
West: R-L(Low Density Resi ntial); kwo bdi on
West: M-M-N (Medium Densi a rhood)i kwood 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 0* Cl
on ysix (60)
-considered at the next
regular meeting of suc oardh ul hirty(30)days from the
date the petition is file ith thek. at in daysfrom the date the
matter is considered by y. uncange 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 ( qO�n
n' ) s 1 be recommended for
approval by the annm 0 0 oved by the City Council
only if the pro ed ame ""
(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) whetheLewith
t exten t w h posed amendment is
compat sting roposed es surrounding the subject
land, ae''ap ate ne distri or 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 subject 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 fw "yseon o r. There is a presumption in the
Land Use Code that compatibitd a an a ' ed by compliance with applicable
standards at the P.D.P. stage.
»,... m ., ,..
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. In
addition, the two owners have coordinated with the City on location of the local street intersection
(Bear Mountain Drive) and the do Yda
at this intersection. Through
collaboration with the City,thi terse n wil si median that will restrict taming
movements to "three-quarter' nly. s me s ere ght-in/right-out/left-in turning
movements but no left-out turn lo%Ved.
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: w„ )eet
r
A. The rezoning complie ith the rostand ds of Section 2.9, Amendment to
Zoning Map, of the Lan Co _
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. COPY
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