HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2006 - ITEMS RELATING TO THE CREATION OF A NEW RURAL LAND ITEM NUMBER: 12 A-C
AGENDA ITEM SUMMARY DATE: September5, 2006
FORT COLLINS CITY COUNCIL STAFF: Pete Wray
SUBJECT
Items Relating to the Creation of a New Rural Lands Zone District (RUL) in the Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Resolutions and Ordinance on First Reading. At the August 17th,
2006 Planning and Zoning Board Hearing, members voted 7-0 to recommend to City Council the
approval of the new Rural Lands Zoning and related amendments.
EXECUTIVE SUMMARY
A. Resolution 2006-091 Amending the City Structure Plan Map "Land Use Designations" for
a Parcel of Property Located Southwest of the Intersection of Interstate Highway 25 and
County Road 36 Based on Related Actions to Create a New Rural Lands Zone District.
B. Resolution 2006-092 Amending the Fossil Creek Reservoir Area Plan Framework Map,
Land Use Table and County Zoning Map Based on Related Actions to Create a New Rural
Lands Zone District.
C. First Reading of Ordinance No. 131, 2006,Amending the Land Use Code Article 4 to Add
a New Rural Lands Zone District,as Division 4.1 and Re-Arrange Division Numbering and
to Revise Article 3 Section 3.9.2 to Allow Single Family Residential in the RUL District
Within One-Quarter Mile of Interstate Highway 25.
The City's Land Use Code lacks a Zone District to properly implement City Plan policies for areas
designated as"Rural Lands"and"Community Separator"on the City Structure Plan. The proposed
RUL District is designed to fill that void. It is modeled very closely upon the County FA-1 and FA
Farming zone districts, along with two other existing Latimer County Zoning Districts,Airport and
Rural Estate. The RUL District reflects a limited emphasis on low density single-family residential
development, residual open lands, and agricultural activities. As a result of creating a new RUL
District, several amendments are needed to City Plan Elements and the Land Use Code.
Staff is recommending an amendment to the Fossil Creek Reservoir Area Plan and City Structure
Plan maps. This amendment involves a change to the land use designation on a property outside the
city limits located on the southwest corner of County Road 36 and I-25. This property was zoned
Commercial in the County in 1995, but has been designated RUL on the City Structure Plan and
Fossil Creek Reservoir Area Plan. The amendment includes changing the designation from Rural
Lands to Commercial to be consistent with Larimer County zoning. Based on this change, two
September 5, 2006 -2- Item No. 12 A-C
sections in the Fossil Creek Reservoir Area Plan need to reflect the added commercial designation
including Land Use Table 2.1 and Existing County Zoning Map.
Staff is recommending an amendment to the Land Use Code, Article 4, to add a new Rural Lands
Zone District, Division 4.1. All proceeding Divisions will then be re-arranged. This action
represents a housekeeping item to rearrange the numbering of the Article 4 Districts in the Land Use
Code based on the inclusion of the new RUL District placed in the front as Division 4.1. The
adjustment to the numbering of all other Divisions includes 4.1 —4.28. As part of this amendment,
three new Divisions are added as fixture placeholders, reserved for future use.
Lastly, an amendment is needed to the Land Use Code,Article 3—General Development Standards
to allow single-family lots within 1/4 mile of I-25, which would exempt the RUL zone from the
residential restriction.
BACKGROUND
I. AMENDMENTS
1. Amendment to the City Structure Plan Map
In early 2006 it was brought to staff s attention during discussions about the proposed RUL zoning
that the adopted City Structure Plan Map and the Fossil Creek Reservoir Area Plan land use
designation showing Rural Lands is inconsistent with existing County zoning of Commercial for a
specific property southwest of I-25 and County Road 36. The property is outside municipal
boundaries,but inside the Fort Collins Growth Management Area. The existing use is RV and Boat
sales and storage. The County approved this zoning in 1995 with certain conditions to only allow
this type of use.
Staff, in working with the affected property owner, is prepared to acknowledge this error and
recommend an amendment to the City Structure Plan and Fossil Creek Reservoir Area Plan maps
to change the land use designation from Rural Lands to Commercial.
If this property ever annexes into the City, staff will exercise the same conditions placed in the
property by the County to limit the uses to the existing business operations.
2. Amendments to the Fossil Creek Reservoir Area Plan.
As a follow-up to the commercial land use designation change mentioned above to the City
Structure Plan map,the Fossil Creek Reservoir Area Plan also needs to be amended for this specific
parcel. The Fossil Creek Reservoir Area Plan describes this area to be consistent with County
zoning of FA-1 Farming. The Fossil Creek reservoir Area Plan,jointly adopted by the City and
County in 1998, continues to describe this property as"Rural Lands". This particular property was
not recognized for this zoning change in the County, and as a result was not designated commercial
in the Fossil Creek Reservoir Area Plan. Two sections of the Plan need to be revised to reflect the
added commercial designation including Land Use Table 2.1,and the Existing County Zoning Map.
September 5, 2006 -3- Item No. 12 A-C
3. New Rural Lands District (RUL)
The basis of the RUL District standards lies within the County's existing zoning regulations
including FA-1 and FA Farming, Airport, and Rural Estate Districts. The City Structure Plan map
shows three main areas for the RUL designation, the southeast area in and around the Fossil Creek
Reservoir, the southwest quadrant (Southwest Enclave Area), and in the northwest edge of the
GMA. The total amount of rural lands designation within the GMA is 1,511 acres.
In City Plan the intent of this designation is summarized:
"Rural lands consist of agricultural and residential lands that form our community's
edge. Key rural lands will be protected as community separators. Other areas may
have land uses such as clustered residential development, large lot residential and
agriculture."
The proposed RUL District would restrict residential development to large lots (10 acre minimum
lot size) or residential clusters (gross density 2.3 acres/unit to be clustered on a portion of the
property with a requirement that 80%of the property remain as open space), except in the Resource
Management Area where clusters can have a gross density of one dwelling unit per 2 acres).
Subsection 4.2(13)(3)(a)(1)of the RUL District requires such Residential Cluster Developments,to
the maximum extent feasible, be located at least 1/4 mile from the centerline of I-25.
Other permitted uses in the RUL District fit a rural and open space edge to the community,including
golf courses, cemeteries, and agricultural uses as well as publicly purchased/conserved open space
and natural areas.
No new residential is allowed within the designated Airport Critical Area of the Fort
Collins/Loveland Airport.
4. Amendment to the Land Use Code Article 4 Districts
The last Division to be added to the Land Use Code Article 4 was the High Density Mixed-Use
Neighborhood District (HMN). This Division was placed at the end of the list of Divisions at the
time. Now,with the inclusion of another residential district,an opportunity exists to re-arrange the
list to group all residential Districts together, from low density to high density classifications. This
action represents a housekeeping item to rearrange the numbering of the Article 4 Districts in the
Land Use Code based on the inclusion of the new RUL District placed in the front as Division 4.1.
The adjustment to the numbering of all other Divisions includes 4.1 — 4.28. As part of this
amendment, three new Divisions are added as future placeholders, reserved for future use. Aside
from the re-arranging of each District, the only change will be to the footer notation numbering.
5. Revision to Section 3.9.2 of the Land Use Code to Allow Single-Family Detached
Dwellings in the RUL District to be Developed within 1/4 mile of the I-25 centerline
The Fossil Creek Reservoir Area Plan, City Plan, and the Structure Plan designate a certain area
along the west side of I-25,north of the reservoir,as"Rural Lands"and these areas would be placed
in the RUL District upon annexation into the City. Three land parcels in this area are entirely within
one-quarter mile of I-25. The Land Use Code prohibits the development of new single-family lots
September 5, 2006 -4- Item No. 12 A-C
within 1/4 mile of I-25's centerline, as a result of the regional 1-25 Corridor Plan. (The standard is
found in Section 3.9 of the Code, which consists of development standards for the 1-25 Corridor.)
Because residential use is the main development opportunity in the proposed RUL zone district,
there has been concern that the standard is too restrictive for parcels such as the three noted above,
which would be prevented from any further residential development. In response to the concern,
this item includes proposed language for the I-25 standards in Section 3.92 which would exempt the
RUL zone from the residential restriction. For any parcels which have room to cluster residential
development outside of the 1/4 mile area,the RUL Zone District includes a standard to require such
placement.
As noted above,a prohibition on residential development within 1/4 mile ofI-25 has raised concerns
about properties in this area that would be placed in the RUL zone. Because the RUL zone allows
few land uses, the prohibition on residential may be an excessive limitation.
Staff s recommendation is simply to exempt the RUL Zone District from the prohibition. The three
parcels which raised the issue, north of Fossil Creek Reservoir on the west side of I-25, total about
80 acres. The cluster development density of 2.29 acres per unit could theoretically result in as
many as 35 units within this area. The City would have influence in locating the clusters away from
1-25 through the development review process. The cluster development density, which matches
current County FA-1 zoning, would be consistent with the Fossil Creek Reservoir Area Plan. Staff
believes the RUL District and the cluster development option would be consistent with City Plan
goals to have a rural edge to the community, and could be accommodated without undue visual
impacts on I-25, or a need for sound walls to protect the homes.
II. PUBLIC PROCESS
On May 4, 2004, the City Plan Update was adopted by City Council. This update included a new
land use designation in the Structure Plan Map called "Rural Lands". At the time, no zoning
matched this land use designation, so staff was instructed to follow-up this action to create a new
District.
At its June 17, 2004 meeting, the Planning and Zoning Board tabled a recommendation to the City
Council on the RUL District when it was discovered there was a conflict between the low-density
residential land use provisions and Section 3.9.2 of the Land Use Code which would prevent any
residential development on certain properties. Three parcels in this area are entirely within the 1/4
mile distance, and the Board was concerned about an unfair reduction of development potential by
preventing any further residential development on those properties within the 1/4 mile distance.
On August 19,2004,the Planning and Zoning Board forwarded a recommendation to City Council
to support the RUL,with new language in Article 3.9.2 allowing single-family residential within the
1/4 mile distance in the RUL District. Since this Hearing,staff has continued to work with affected
property owners.
As a result of an extended time period, on October 20, 2005, the Planning and Zoning Board again
forwarded a recommendation to City Council to support the RUL zoning. Several attempts by staff
have been made to schedule a hearing with Council, however, certain property owners and their
representatives have expressed a desire to continue meeting with staff to resolve outstanding issues.
September 5, 2006 -5- Item No. 12 A-C
Several individual property owner meetings with staff have taken place,including three public open
house meetings throughout the planning process.
In particular, remaining developable parcels within the Fossil Creek Reservoir area are shown as
RUL designation, within the TDU area and existing County FA-1 zoning. Staff has continued to
work with the owners in this area to clarify proposed City zoning language consistency with existing
County zoning standards. Staff has made some adjustments to the text to assure the standards are
consistent. In addition, staff has clarified to affected owners that this new RUL zoning will not
preclude entitlement through a County development review process prior to annexation in
accordance with the County's existing land use requirements (i.e., this action is not intended to
change the County's current land use provisions). Furthermore, for properties within the Fossil
Creek Reservoir Area TDU receiving area,the City has an agreement with Larimer County to defer
annexation until such time as a development has received final approval and completion of the TDU
transfer in the County. Finally, a question arose about the City zoning designation for properties
which may have received County approval of residential cluster in the Resource Management Area
prior to annexation. The staff clarified that they will analyze and determine at the time of
annexation what the exact zoning lines should be and that either RUL or UE zoning may be
appropriate for the RMA cluster depending upon the density and lot sizes within the cluster and any
other relevant factors.
As a result of extended time between hearings and the addition of recent revisions to the proposed
zoning text, staff determined it was appropriate to reschedule a hearing with the Planning and
Zoning Board for a new recommendation on August 17th.
ATTACHMENTS
1. Location map showing areas designated as Rural Lands.
2. Letters from John Jensen dated March 6 and April 20, 2006.
3. Enlargement map showing commercial parcel
4. Enlargement map showing three parcels in the RUL designation that are within 1/4 mile of
I-25.
5. Planning and Zoning Board Minutes from the August 17, 2006 Hearing.
6. Letter from Liley, Rogers & Martell LLC dated August 17, 2006.
City of Fort Collins Attachment #1
RUL Areas inside of GMA
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Pete Wray-John Jensen 20060425181105.pdf
•� ATTACHMENT 2
Itstand Lake 5887 SW FRONTAGE ROAD
FORT COLLINS CO 80528
97096Marinn Sports -238 FAX
Inc. wwwAlandUwar nine com
March 6,2006 {
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Pete Wray,Senior Plana
City of Fort Collins
2801 N College
Fort Collins CO 80521
Dear Mr.Wray.
I attended the open house on March 1 referencing the new stnxxiae plan for the City of Fort Collins. It
was my understanding that this structure plan was designed to help plan a direction for land in FAl
Farming Zone. $appeared that FAl Farming Zone went mostly to a zoning called anal Ind on the new
map dated November 29,2005. I was surprised to see that the land I have on I-25 and County Road 36
intersection,which is currently zoned commercial through Latimer County,was also designated in the
coral land color. I believe this was on oversize on the City of Fort Collins when designating the map.
Commercial zoning was approved for this parcel in November,1995,and it has been that way since.
I am requesting that you change that particular parcel to commercial in your structure plan before it is
adopted. I am enclosing a zoning map for Latimer County designating that property as commercial and
a copy of your map to allow you to reference the property.
Thank you for your time at the open house. I am not am what your time frame is,but time is of the
essence on my side. I will contact you on Friday(March 10)to confirm this change.
Thank you again for your time.
Sincerely,
John B Jensen
Owner,Island Lake Marine&Sports
Pete Wray-John Jensen 20060425181105. df - Page 1
5887 SW MONTAGE
Lake FORT COLONS CO 80528 ROAD
MarineInc.& Sports
wiew.islandb, com
April 20,2WO
Darin Attebeny,City Manager RECEIVED
City of Fort Collins APR t 1 f01k
PO Box 5W
Fort Collins CO wim-o580 City Manager's Oft
Dow Mr.Atlebarry:
I atmrded an open house on March 1 referencing the new stuctue plan for the CNY of Fort Collins. it
was said at that meeting to this sbucture plan wee d"WW to hasp plan a direction for land in FA1
Farming Zone. I be%"the purpose of the open house was to make sure that the structure plan made
a fair ovw*Of edstkg larimer County zoning. it appeared that FA1 Farming Zone went mostly to a
zoning called neat lard on the new map dated November 29,2W5. I was surprised to see that the
land I have on 1-25 and County Rood 38 Ihtaeectlonn,which is currently zoned commercial
Lrimar Cou through
^t',was also detipnamd th ris rural lard coley. Canmerdel zoning was approved for this
percel In November,1985,and it has been that way since. I met Pats Wray at this open dwwe and
expressed my concern. He was going to check Into it and get beck with me. I also sent him a letter
which I am enclosing for your irtorrnadon along with a copy of the Ladmer County zoning map.
I comacted Pete Wray early in Mach regarding this,requesting that that particular parcel be changed
to cormrercal(which is haw it is currently zoned)in the structure plan before it is adopted. He
indicated that alter discussing it with his planners,no adjustments would be made,but they would let
me continue my business when an arrhexINOn mural. I told him riot I didn't rikhk that was right,and
that it would adversely aRect not only my business and my property,but also the way pending
insttutlons kook at my property and to ebft to SON my t slams and property should 1 choose to.He
also Indicated that it would be difficult to change the plan,but I believe that N the planners had done it
oorracty in the beginning and krrked at the Overall land usage,we would not be having Cis problem.
If I am able to have a commercial business an rural zoned land,than does that mean that anyone with
rural zoning would be able 10 do this? I would be non-coNIbrmi g. In anance,the City oFFoR Collin
Is taking away my property rights even after I went through the complete process of rezoning It Pam
said that I WOWS have to go through another rezoning process with the City of Fort Collins to obtain the
zonkg#M 1 cumantly have In L.arima Cant'. file rat right mn o iter Cis place or property the
same ss an FA-1 since 1 do"had it rezoned from FA-1 to cema wdW Clough Lackner Count'. I
don't feet the City of Fort Collins should be able to change the zoning of an existing business that was
Waned by the County. This would be a takkg. Please be assured do Pam Wray has been
courteous. But I am unhappy with a process which 1 feel deals unfairly with me. I would appreciate
your imsne(1ism attention and hall)In this meter as it Is very Important to me. You can contact me at
2254WO.
��John B. aneen
Enclosures
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CITY OF FORT COLLINS STRUCTURE PLAN
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Attachment # 4
ATTACHMENTS
Planning and Zoning Board Minutes DP " I: T
August 17, 2006
Page 2
Project: Recommendation to City Council to Amend the
Land Use Code to add the Rural Lands Zoning
District (RUL), #19-04.
Project Description: Request to create a new Zone District in the Land
Use Code Article 4 Division 4.1 the Rural
a Lands
District (RUL), that would be applied to areas
designated as "Rural Lands" as well as privately-
owned properties designated as "Community
Separator" on the Structure Plan map at the time
of annexation into the City.
Recommendation: Approval.
Hearing Testimony, Written Comments and Other Evidence:
Pete Wray, Senior Planner gave the staff presentation and stated that as a result of this
action, this item also includes a revised numbering of all other Divisions in Article 4, an
amendment to Section 3.9.2 to allow single-family detached dwellings in the RUL
District to be developed within one-quarter (1/4) mile of 1-25, and lastly, an amendment
to the Fossil Creek Reservoir Area Plan and City Structure Plan maps land use
designation.
Planner Wray stated that the Land Use Code to date has lacked a zone to reflect the
private Rural Lands and Community Separator designation policy language in City Plan.
The closest rural and estate residential zone that we have to date is the Urban Estate,
which reflects large lot estate residential, but it also goes up to a maximum of 2 units
per acre or half acre lots. For years we have received a lot of comments that did not
truly capture some of the larger lot rural residential development pattern that we have,
particularly in the edges and fringe of our community. In 2004 when we updated City
Plan, as part of the city's Structure Plan Map we added for the first time this new land
use designation. Since we did not have a zone in place for this type of development or
open areas, we had to place properties in the T, Transition zoning. We have some
examples in our Growth Management boundaries where we have had to place privately
managed lands within T, Transition because we did not have this zone in place yet.
This new Rural Lands zoning will fill this void.
In City Plan there is a general purpose statement that describes the Rural Lands and
those talks about limited estate residential along our edges and also overlaying on top
DPAFT
Planning and Zoning Board Minutes
August 17, 2006
Page 3
of portions of our Community Separator designation on the Structure Plan Map. These
are privately managed lands.
To further expand on the RUL zoning, private lands plans the rural edge of our
community, and there is some overlap with our Community Separator designation on
the Structure Plan Map. This is for large lot residential or clustered residential as an
option; agricultural activities and also natural areas, buffers and other lands that are
privately managed. A summary of the specific language that the Board has before them
is for single family detached dwellings as a base of 10 acre minimum lot size. We do
provide an option for clustered residential based on a density of 2.3 acres per dwelling
unit clustered on 20% of the property. This would leave 80% privately managed open
space. Other non-residential uses include golf courses, cemeteries, horse related
activities and other agricultural uses. We also have further implemented the protection
of the Fort Collins/Loveland airport critical areas particularly on the north side of the
runway on the south side�of Carpenter Road (State Hwy 392) where we not allow
residential within the designated airport critical area.
Planner Wray provided a visual map showing the specific Rural Land Designations that
are reflected on the city Structure Plan Map. He pointed out the three main areas; in
the southeast quadrant of the GMA north of the Fossil Creek Reservoir, the beige areas
were the designated Rural Lands; in the southwest quadrant we have a small area west
of Shields Street designated; the third key area is in the northwest just inside the GMA
on the eastern flanks of the LaPorte area.
Planner Wray stated that there were a number of other related amendments associated
with creating this new Rural Lands District. In placing this district in the beginning of the
residential section of Article 4, that would be the new 4.1, we would need to renumber
the sequence of the Divisions in Article 4. Another amendment we have associated
with this new District is in Article 3 and in the 1-25 Corridor Standards it does not allow
single family residential within '/4 mile of 1-25. What we discovered with the Rural Lands
designation, is there are several properties that are within the '/4 mile setback that would
be completely included in the '/4 mile restriction. Staff believes there should be
additional language in Article 3 to exempt the Rural Lands zoning from that restriction
so there would be reasonable development potential left on those properties.
There is also an amendment to the Fossil Creek Area Plan for a particular property just
on the southeast corner of County Road 36 and 1-25 that was brought to our attention
just this last year from the property owner that both the city Structure Plan and the
Fossil Creek Area Plan continue to show this property as Rural Lands. In the County it
has been zoned FA-1. When we developed the Fossil Creek Area Plan in 1995, which
was jointly adopted by the city and the County, it was not brought to staffs attention
then. In working with County staff, this property was rezoned commercial in 1995 and
Planning and Zoning Board Minutes D '' 9! ;:
August 17, 2006
Page 4
with the update of City Plan in 1997 and again in 2004, again it was not brought to
staff's attention that that particular property was now zoned commercial with conditions
in the County. Staff believes it is appropriate to change this specific property from the
Rural Lands to the commercial designation both on the city Structure Plan map and the
Fossil Creek Area Plan.
There are two other amendments to the Fossil Creek Area Plan based on that change
there is a land use table in the Fossil Creek Plan that tabulated the land use acreage
breakdown of the residential and commercial designations, so the acreage counts
needed to be switched. The existing County zoning map in the Fossil Creek Area Plan
needs to be changed.
Those are the listed related amendments to coincide with the creation of this new Rural
Lands zoning.
Member Schmidt had a question on the language on Page five that states "80% of the
residual gross land proposed shall remain in private ownership as private open space
protected by restricted covenants for the benefit of the city". "For the benefit of the city"
is used in a couple of other places and she was wondering what that meant.
Deputy City Attorney Eckman replied that staff wanted to make it so the city had the
ability to enforce those covenants as a third party beneficiary at least if not as a party
itself; if the city is not a party it could be named as a given third party beneficiary status
so it could enforce those covenants without having to go to one of the parties to try and
persuade them to enforce the covenants.
Chairperson Lingle asked if that was consistent with other zoning districts for private
open space.
Deputy City Attorney Eckman replied that we do have a number of covenants that are
executed that give the city enforcement privileges even though the city is not a party to
them.
PUBLIC INPUT
None.
Member Schmidt asked about the letter from Lucia Liley and the reference to the fact
that they might disagree for the need for this zoning district.
Planner Wray replied that staff has met several times within the past six months with the
property owners of the Kechter Farm, which is on the north side of the Fossil Creek
Planning and Zoning Board Minutes D
August 17, 2006
Page 5
Reservoir just west of the Fossil Lake Ranch Subdivision, and was a part of the Kinard
property that they sold to the School District. Their initial concerns were how this new
zoning could affect their property. They are in the process of negotiating development
on the property and they wanted to be assured that this new zoning would not impact
their existing entitlements in the County. In the Fossil Creek Area Plan there was a
TDU program established and their property is within the TDU receiving area. We have
an agreement with the County to defer annexation of those properties until such time
that the TDU has been finalized in the County and they have final approval through the
County process. They wanted to be sure that first this new zoning would not jeopardize
or impact the potential development process through the County. Staff has clarified that
this new zoning would not be in place until such time as they final approval in the
County through a county process and it would be annexed after the final approval and
this zoning would be placed on the property at the time of annexation.
Member Schmidt moved that the Planning and Zoning Board send a
recommendation of approval to the City Council for the new Rural Lands District
and the amendments, #19-04. All the recommendations includes the approval of
the Rural Land Use District; approval of the amendment to Article 4 of the Land
Use Code of Divisions; approval of the amendment to Section 3.9.2 of the Land
Use Code to allow single family detached dwellings in the RUL district within a '/.
mile of 1-25; approval of Amendment to Fossil Creek Reservoir Area Plan and
approval of amendments to the city Structure Land Use designation. Based on
the Facts and Findings of the staff report starting on Page 7.
Member Meyer seconded the motion.
Member Schmidt commented that staff has worked on this a long time and felt they
have done a good job. She thought that this zone will do a good job of buffering on the
edges where we need it.
The motion was approved 7-0.
ATTACHMENT
• LILEY, ROGERS & MARTELL, LLC
ATTORNEYS AT L A W
August 17, 2006
Mr. Joe Frank, Director
Advance Planning Department Via Hand Delivery
City of Fort Collins
281 N. College Avenue
Fort Collins, CO 80524
Mr. Pete Wray, Senior City Planner
Advance Planning Department Via Hand Delivery
City of Fort Collins
281 N. College Avenue
Fort Collins, CO 80524
RE: RUL Zoning District
Dear Joe and Pete:
On behalf of the contract purchasers of the Kechter Farm located within the Fossil
Creek IGA area, I want to thank the City staff for its cooperative effort working with the
affected property owners. You set up all of the meetings necessary to thoroughly air all
of the issues and to make all appropriate amendments to the proposed ordinance. While
my clients and the owners of the Kechter Farm may disagree with the need for this new
zone, they appreciate the outreach efforts of the City staff and the inclusions of all
appropriate revisions.
Sincerely,
LILEY, ROGERS &MARTELL, LLC
Lucia A. Liley
LAL/mer
pc: Greg Byrne
Paul Eckman, Esq.
Tom Dougherty
Mike Sollenberger
Ron Kechter
Ken Kechter
LUCIA A. LILEY • JAMES A. MARTELL • TODD W. ROGERS
THE PETER ANDERSON HOUSE • 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521
TELEPHONE: (970)221-4455 0 FAX:(970)221-4242
RESOLUTION 2006-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY STRUCTURE PLAN MAP
"LAND USE DESIGNATIONS" FOR A PARCEL OF PROPERTY
LOCATED SOUTHWEST OF THE INTERSECTION OF
INTERSTATE HIGHWAY 25 AND COUNTY ROAD 36
BASED ON RELATED ACTIONS TO CREATE A NEW
RURAL LANDS ZONE DISTRICT
WHEREAS, in conjunction with the development of the Rural Lands Zone District, it has
come to the attention of the staff and Council of the City that the City's Structure Plan Map "Land
Use Designations" is inconsistent with existing County zoning on a specific parcel of property
located southwest of the intersection of Interstate Highway 25 and County Road 36 where said
property is designated on the City Structure Plan Map as "Rural Lands" while the existing County
zoning is "Commercial"; and
WHEREAS,although said property is located outside of the limits ofthe City ofFort Collins,
it is located within the Fort Collins Growth Management Area and,accordingly,the City's Structure
Plan Map should be amended to reflect the actual zoning and land use on the property; and
WHEREAS,following extensive public process,the staff and the Planning and Zoning Board
have recommended that certain "Land Use Designation" changes to the City's Structure Plan Map
as it affects said property, and the Council has determined that it would in the best interests of the
City to amend the City's Structure Plan Map accordingly.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the existing City Structure Plan Map
is in need of amendment to reflect certain changes to the "Land Use Designations" for a specific
property located southwest of the intersection of Interstate Highway 25 and County Road 36 to
reflect actual conditions and present County zoning,which changes have been recommended to the
Council by the staff of the City and the Planning and Zoning Board.
Section2. That the City Council further finds that the proposed amendment will promote
the public welfare and will be consistent with the vision, goals,principles and policies of City Plan
and the elements thereof.
Section 3. That the City Plan Structure Plan Map are 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 Council of the City of Fort Collins this 5th
day of September, A.D. 2006.
Mayor
ATTEST:
City Clerk
Exhibit A
CITY OF FORT COLLINS STRUCTURE PLAN *&+�t
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RESOLUTION 2006-092
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FOSSIL CREEK RESERVOIR AREA PLAN
FRAMEWORK MAP, LAND USE TABLE AND COUNTY ZONING
MAP BASED ON RELATED ACTIONS TO CREATE A NEW
RURAL LANDS ZONE DISTRICT
WHEREAS, in conjunction with the development of the Rural Lands Zone District, it has
come to the attention of the staff and City Council that the City's Fossil Creek Reservoir Area Plan
Framework Map, Land Use Table and County Zoning Map are inconsistent with existing County
zoning on a specific parcel of property located southwest of the intersection of Interstate Highway
25 and County Road 36; and
WHEREAS,although said property is located outside of the limits of the City ofFort Collins,
it is located within the Fort Collins Growth Management Area and, accordingly, the City's Fossil
Creek Reservoir Area Plan Framework Map, Land Use Table and County Zoning Map should be
amended to reflect the actual zoning and land use on the property; and
WHEREAS,following extensive public process,the staff and the Planning and Zoning Board
have recommended that certain changes to the City's Fossil Creek Reservoir Area Plan Framework
Map, Land Use Table and County Zoning Map as it affects said property, and the Council has
determined that it would in the best interests of the City to amend the City's Fossil Creek Reservoir
Area Plan Framework Map, Land Use Table and County Zoning Map accordingly.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the existing Fossil Creek Reservoir
Area Plan"Framework Plan Map" "Land Use Table"and"Existing County Zoning Map"are in need
of amendment to reflect certain changes fora parcel of property located southwest of the intersection
of Interstate Highway 25 and County Road 36 to comport with the new Rural Open Lands Zone
District, existing County zoning and existing land use upon the property,which changes have been
recommended to the Council by the staff of the City and by the Planning and Zoning Board.
Section 2. That the City Council hereby further finds that the proposed amendments to
the Fossil Creek Reservoir Area Plan, Framework Plan Map, Land Use Table and County Zoning
Map will promote the public welfare and will be consistent with the vision, goals, principles and
policies of City Plan and the elements thereof.
Section 3. That the "Framework Plan Map" of the Fossil Creek Reservoir Area Plan is
hereby amended so as to appear as shown on Exhibit "A" attached hereto and incorporated herein
by this reference.
Section 4. That the"Land Use Table"of the Fossil Creek Reservoir Area Plan is hereby
amended so as to appear as shown on Exhibit 'B" attached hereto and incorporated herein by this
reference.
Section 5. That the "Existing County Zoning Map" of the Fossil Creek Reservoir Area
Plan is hereby amended so as to appear as shown on Exhibit "C" attached hereto and incorporated
herein by this reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September, A.D. 2006.
Mayor
ATTEST:
City Clerk
&MENn NNNFossil Creek Reservoir Area ExhibitA �;`
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New Urban Residential:
Medium Density 20.0 17.0 12.0 204.0
Mixed-Use Neighborhoods
Mixed-Use Neighborhoods at
53.0 461.5 5.0 2,307.5
5 units per acre
Mixed-Use Neighborhoods at 572.0 486.2 3.0 1,458.6
3 units per acre
Estate Residential 646.0 549.1 0.5 274.5
Subtotals: 1,791.0 1,522.4 9.5 4,244.6
County Zoning Districts:
FA-1 Farming 892.8 NA 0.5 465.4
AP -Airport 771.6 NA 0.5 385.8
T-Tourist 17.5 NA NA
C-Commercial 87.7 NA NA
MF-Multi-Family 29.7 NA NA
R-Residential 19.2 NA NA
Subtotals: 1,818.5 NA 1.0 851.2
Others:
Neighborhood Commercial Center 10.0 NA NA
Regional Park 473.8 NA NA
City-Owned Natural Area 188.8 NA NA
Open Water Bodies 789.9 NA NA
Total AcresT 5,062.0 Total DU: 5,095.8
aIMEa Fossil Creek Reservoir Area Exhibit
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ORDINANCE NO. 131 , 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE ARTICLE 4 TO ADD A NEW
RURAL LANDS ZONE DISTRICT, AS DIVISION 4. 1 AND REARRANGE
DIVISION NUMBERING AND TO REVISE ARTICLE 3 SECTION 3 . 9 .2 TO ALLOW
SINGLE FAMILY RESIDENTIAL IN THE RUL DISTRICT WITHIN
ONE-QUARTER MILE OF INTERSTATE HIGHWAY 25
WHEREAS, on March 18 , 19975 by Ordinance No . 051 , 1997, the Council of the City of
Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code") ; and
WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding
of staff and Council that the Land Use Code would most likely be subject to future amendments,
not only for the purpose of clarification and correction of errors, but also for the purpose of
ensuring that the Land Use Code remains a dynamic document capable of responding to issues
identified by staff, other land use professionals and citizens of the City; and
WHEREAS , the Land Use Code lacks a zone district designation sufficient to properly
implement the policies of City Plan for areas designated as "rural lands" and " community
separators " on the City's Structure Plan Map ; and
WHEREAS , the Council has determined that the proposed Rural Lands District (R-U-L)
is in the best interest of the citizens of the City because it fills that void in the City's land use
regulations by establishing a zone district which permits large lot and/or residential cluster
development and other uses that are sensitive to and in keeping with a rural and open space edge
to the community, including golf courses, cemeteries and agricultural uses as well as open space
and natural areas;
WHEREAS , the staff of the City and the Planning and Zoning Board have reviewed the
Land Use Code and identified and explored various issues related to the proposed new Rural
Land Zone District and have made recommendations to the Council regarding such issues ; and
WHEREAS , the Council has determined that the Land Use Code amendments which
have been proposed are in the best interest of the City and its citizens .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows :
Section 1 . That Section 3 . 9 . 2 of the Land Use Code is hereby amended to read as
follows :
3 . 9 . 2 Location of Single-Family Residential Lots From I-25
(A) Development of new single-family residential lots within one thousand three
hundred twenty ( 1 ,320) feet (one-quarter [ 1/4] mile) of the centerline of Interstate
Highway 25 (I-25) shall be prohibited.
( 1 ) Exception: single-family detached dwellings in the Rural Lands District
(RUL) shall be exempt from this standard.
(B) In the Urban Estate zone district, development that creates new single-family
residential lots located between one-quarter (1/4) and one-half (1/2) mile from the
centerline of I-25 shall utilize the clustering technique (as provided for in Section
4. 1 (E)(2) of this Land Use Code for the Urban Estate District) in order to
concentrate densities away from I-25 , maximize views and preserve landscape
features or open space.
Section 2 . That the Land Use Code is hereby amended by the addition of a new
Division 4 . 1 which reads in its entirety as follows :
Division 4 . 1 Rural Lands District (RUL)
(A) Purpose. The Rural Lands District is intended for privately owned lands that are
planned as a rural edge to the community. Rural lands include but are not limited
to community separators, clustered residential development, large lot residential,
agriculture, natural area buffers and corridors, and other open lands of similar
character and purpose.
(B) Permitted Uses.
( 1 ) The following uses are permitted in the R-U-L District, subject to Basic
Development review, provided that such uses are located on lots that are
part of an approved site-specific development plan:
(a) Agricultural Uses :
1 . Agricultural activities .
(b) Accessory/Miscellaneous Uses :
1 . Accessory buildings .
2 . Accessory uses.
3 . Farm animals .
(c) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27 , 1997 , or in compliance with
this Land Use Code (other than a final subdivision plat, or minor
subdivision plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any multi-family
dwelling containing more than four [4] dwelling units), provided
that such use shall be subject to all of the use and density
requirements and conditions of said site specific development plan.
(d) Any use which is not hereafter listed as a permitted use in this zone
district but which was permitted for a specific parcel of property
pursuant to the zone district regulations in effect for such parcel on
March 27 , 1997 ; and which physically existed upon such parcel on
March 27, 1997 ; provided, however, that such existing use shall
constitute a permitted use only on such parcel of property.
(2) The following uses are permitted in the R-U-L District subject to
administrative review:
(a) Residential Uses :
1 . Single-family detached dwellings on lots containing at least
ten ( 10) acres .
(b) Institutional/Public/Civic Uses :
1 . Public facilities .
2 . Parks, recreation and open lands, except neighborhood
parks as defined by the Parks and Recreation Policy Plan.
(c) Industrial Uses :
1 . Composting facilities .
(d) Agricultural Uses :
1 . Animal boarding.
(3 ) The following land uses are permitted in the R-U-L District subject to
review by the Planning and Zoning Board:
(a) Residential Uses :
1 . Single-family detached dwellings in Residential Cluster
Developments, except that such Residential Cluster
Developments shall, to the maximum extent feasible, be
located at least one-thousand three hundred twenty ( 1 ,320)
feet (one-quarter [ 1 /4] mile) from the centerline of
Interstate Highway 25 (I-25) .
(b) Institutional/Civic/Public Uses .
1 , Golf Courses .
2 , Riding Academies .
3 . Cemeteries .
(c) Industrial Uses :
1 . Resource extraction processes and sales, except that such
uses shall not be permitted in natural area protection
buffers .
(d) Accessory Uses :
1 , Wireless Telecommunication Equipment provided that they
are not located within one thousand three hundred twenty
( 1 ,320) feet (one-quarter [ 1 /4] mile) of the centerline of
either I-25 or Carpenter Road.
(C) Prohibited Uses. All uses that are not ( 1 ) expressly allowed as permitted uses in
this Section or (2) determined to be permitted by the Director pursuant to Section
1 . 3 .4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
( 1 ) Residential Density.
(a) Single-Family Detached maximum residential density shall be one
( 1 ) dwelling unit per ten ( 10) acres .
(b) Residential Cluster Development density shall be based on one ( 1 )
dwelling unit per one hundred thousand ( 100,000) square feet
measured on the entire site.
(c) Resource Management Area, density of residential cluster
development shall be calculated as follows : The total acres of
subject parcel, less any area that is within a one hundred ( 100) year
floodway or covered by a body of water, multiplied by 0. 5 ,
equivalent to one ( 1 ) dwelling unit per two (2) acres .
(2) Airport Critical Area No Residential Use. No residential use shall be
permitted within the designated Airport Critical Area.
(3 ) Dimensional Standards.
(a) A setback area of at least eighty (80) feet shall be provided along
arterial streets, measured from the right-of-way.
(b) Single-family detached dwellings on lots containing at least ten
( 10) acres :
1 . Minimum lot width shall be two hundred (200) feet.
2 . Minimum depth of the front yard shall be sixty (60) feet.
3 . Minimum depth of the rear yard shall be fifty (50) feet.
4. Minimum side yard shall be fifty (50) feet.
(c) Single-family detached dwellings in Residential Cluster
Developments :
1 . Minimum lot width shall be sixty (60) feet.
2 . Minimum depth of the rear yard shall be fifteen ( 15) feet.
(d) Maximum building height for single-family detached dwellings
shall be three (3 ) stories .
(E) Development Standards.
( 1 ) Street Connectivity and Design. The following standards shall apply to all
development in the Rural Lands District:
(a) Development in this District shall be exempt from the standards
contained in Section 3 . 6 . 3 , Street Pattern and Connectivity
Standards .
(b) The layout and design of any new streets shall emphasize
characteristics and views of the open landscape. To the maximum
extent feasible, streets shall be designed to minimize the amount of
site disturbance caused by roadway and associated grading
required for their construction by utilizing special street design
characteristics such as divided lanes, landscape islands and
landscape solutions to drainage instead of standard curb and gutter
(so that storm water runoff is directed into open swales and
ditches) . Local and residential access roads shall be designed
without curbs and gutters unless deemed necessary for health and
safety by the City Engineer.
(2) Residential Development Configuration. Residential development may be
configured as lots containing at least ten ( 10) acres, or as a Residential
Cluster Development, at the option of the applicant, except in the Fossil
Creek Reservoir Resource Management Area where clustering shall be
required.
(3 ) Site Design for Residential Cluster Development. Property in the Rural
Lands District may be developed in clusters, subject to approval by the
Planning and Zoning Board. In a cluster development, lot sizes may be
reduced in order to cluster the dwellings together on twenty (20) percent
of the property, with the remainder of the property permanently preserved
as private open space .
(a) At least eighty (80) percent of the residual gross land area of the
proposed development shall remain under private ownership, as
private open space protected by restrictive covenants for the
benefit of the city, and/or by maintaining existing dwellings and
any outbuildings, protected by restrictive covenants binding upon
either: ( 1 ) existing residential owners ; (2) the residential
homeowners association if it owns such property; or (3 ) a nonprofit
organization acceptable to the city, if it owns such property . The
development plan shall include such restrictive provisions
protected by restrictive covenants for the benefit of the city,
proposed uses, and maintenance provisions as necessary to ensure
the continuation of the private open space uses intended. The city
may also require that the developer commit in the Development
Agreement to maintain the open space.
(b) Only the uses specifically permitted in subsection (B) above shall
be allowed in the cluster development. For the residual open land,
existing dwellings and/or outbuildings relating to agricultural use
are allowed to remain and, if included, may be applied toward the
total allowed residential density in the development.
(c) The design of the cluster development shall be appropriate for the
site, as demonstrated by meeting the following criteria:
I . The preservation of significant natural resources, wildlife
habitat, natural areas and features such as drainage swales,
rock outcroppings and slopes, native vegetation, open lands
or agricultural property through maintenance of large,
contiguous blocks of land and other techniques . Residual
land shall be designed to achieve the maximum amount of
contiguous open space possible, while avoiding the creation
of small, isolated and unusable areas .
2 . The provision of additional amenities such as trails,
common areas or access to public recreational areas and
open space. Residual lands shall not include any street
rights-of-way or parking areas.
3 . The protection of adjacent residential development through
landscaping, screening, fencing, buffering or similar
measures.
4. The layout of lots to conform to terrain and minimize
grading and filling, including the preservation of natural
features such as drainage swales, rock outcroppings and
slopes .
5 . The indication of any areas where farm animals will be
allowed, including any mitigation features needed to buffer
these areas from surrounding uses .
Section 3 . That the existing Divisions 4 . 1 through 4 . 8 in the Land Use Code are now
renumbered as Division 4 .2 through Division 4. 9 .
Section 4 . That Division 4 .24 - High Density Mixed-Use Neighborhood District (H-
M-N) of the Land Use Code is now Division 4 . 10 .
Section 5 . That the remaining Divisions in the Land Use Code are hereby
renumbered as follows :
Division 4. 11 Reserved
Division 4 .912 Transition District (T)
Division 4 .4013 Public Open Lands District (P-O-L)
Division 4 .4414 River Conservation District (R-C)
Division 4. 15 Reserved
Division 4.4-216 Downtown District (D)
Division 4 .4317 River Downtown Redevelopment District (R-D-R)
Division 4 .4-418 Community Commercial District (C-C)
Division 4 .4519 Community Commercial - North College District (C-C-N)
Division 4 .4-620 Community Commercial - Poudre River District (C-C-R)
Division 4.4721 Commercial District (C)
Division 4 .4-822 Commercial - North College District (C-N)
Division 4 .4923 Neighborhood Commercial District (N-C)
Division 4.2024 Limited Commercial District (C-L)
Division 4.25 Reserved
Division 4.24-26 Harmony Corridor District (H-C)
Division 4.2227 Employment District (E)
Division 4.2228 Industrial District (I)
Section 6 . That all cross-references in the Land Use Code to Division 4 shall be
renumbered accordingly.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D . 2006, and to be presented for final passage on the 19th day of September, A.D .
2006 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 19th day of September, A.D . 2006 .
Mayor
ATTEST :
City Clerk