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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/06/2006 - FIRST READING OF ORDINANCE NO. 096, 2006, AMENDING ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: June 6, 2006 FORT COLLINS CITY COUNCIL STAFF: Anne Aspen SUBJECT First Reading of Ordinance No. 096, 2006, Amending the Zoning Map by Changing the Zoning Classification for That Certain Property Known as the Cargill Rezoning. RECOMMENDATION Staff recommends approval of the requested rezoning. The Planning and Zoning Board voted 7-0 to recommend approval of the requested rezoning. The property is currently in the Residential Neighborhood Sign District and after rezoning will remain in the Residential Neighborhood Sign District. EXECUTIVE SUMMARY This is a request to rezone 29.5 acres located on the north side of Drake Road, approximately 1/2 mile east of Timberline Road.The site currently contains the Cargill canola research facility and test fields. It is in the T - Transition District. The requested zoning for this property is LMN - Low Density Mixed-Use Neighborhood. PETITIONER: Steve Stadelmeier Cargill, Inc. 2540 E. Drake Road Fort Collins, CO 80525 OWNER: Cargill, Inc. P.O. Box 5626 Minneapolis, MN 55440 June 6, 2006 -2- Item No. 22 BACKGROUND The local representative of the property owner has submitted a written request for the rezoning, which is required in advance of any development proposal, since development is not allowed in the T—Transition District. The requested zoning for this property is LMN - Low Density Mixed-Use Neighborhood, which is consistent with the City Structure Plan. The surrounding zoning and land uses are as follows: NE and E: UE; Urban Estate (Side Hill Overall Development Plan (ODP) Filing 3 - vacant land and the historic Johnson Barn and homestead); S: LMN; Low Density Mixed-Use Neighborhood (Parkside West under construction), MMN; Medium Density Mixed-Use Neighborhood (Spectrum Independent Living under construction) and NC; Neighborhood Center(The Shops at Rigden Farm, existing); W and NW: LMN; Low Density Mixed-Use Neighborhood and MMN; Medium Density Mixed-Use Neighborhood(Sidehill PDP Filings 1 &2, currently under construction). The Cargill property was annexed into the City as a part of the Timberline Annexation in November 1997 and placed in the T-Transition District. The Transition District functions as a"holding"zone for existing uses such as farms with no specific development plans and that do not align with current or future zoning trends. No uses are permitted except those that existed on the date the property was placed in this district. No new permanent structures can be constructed on any land in this district unless and until rezoned. Subsequently, most of the Timberline Annexation property minus the Cargill property was zoned LMN, MMN and UE. The Johnson ODP included 3 filings of a development now known as Sidehill. The City has reviewed and approved two of the filings of Sidehill and both are under construction. The 3rd Sidehill filing has not yet been submitted. Cargill, Inc. has remained in the T—Transition Zone District. Cargill has gone before the Zoning Board of Appeals for approval of variances for a couple of expansions:one in 2001 and one in 2003. These expansions were allowed according to Section 1.6.5 of the Land Use Code. CURRENT REQUEST The petitioner filed a rezoning petition with the City on April 26,2006. The petitioner is requesting a rezoning of 29.5 acres from T—Transition to LMN—Low Density Mixed-Use Neighborhood. This rezoning request complies with City Structure Plan and complies with the applicable review criteria by which rezoning requests are evaluated. The City Structure Plan, an element of the City's comprehensive plan, shows how Fort Collins should grow and evolve over the next 20 years. The map designates the subject parcel as "Low Density Mixed-Use Residential". Therefore, the request is in compliance with the City Structure Plan. There are no subarea plans that cover this area. June 6, 2006 -3- Item No. 22 According to Division 2.9-Amendment of Text of Code and/or Zoning Map,this request to rezone the property is considered a quasi-judicial action since the parcel is less than 640 acres. Therefore, the requested rezoning shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment satisfies the following: Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. The property is designated as "Low Density Mixed-Use Residential' on the City Structure Plan which matches the requested zone district. Therefore, the request complies with this criterion. Once the property is zoned LMN—Low Density Mixed-Use Neighborhood District,the existing use will be classified as an"Existing Limited Permitted Use"and will still be subject to the requirements of Section 1.6 of the Land Use Code with regard to new buildings or expansions. Once zoned however, the applicant would go through the Basic Development Review process, which does not require a public hearing, instead of petitioning the Zoning Board of Appeals for approval of an expansion or addition. FINDINGS A. In order for the property to develop or redevelop in any way other than a small addition, which requires a hearing before the Zoning Board of Appeals, a rezoning must take place. B. The subject property is designated on City Structure Plan as "Low Density Mixed-Use Residential'. The request to rezone the property to LMN—Low Density Mixed-Use Neighborhood complies with the City Structure Plan. C. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. STAFF RECOMMENDATION Staff recommends approval of the Cargill Rezoning and Amendment to the Zoning Map from T— Transition to LMN—Low Density Mixed-Use Neighborhood. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board voted 7-0 to recommend approval of rezoning request at its May 18, 2006 meeting. June 6, 2006 -4- Item No. 22 ATTACHMENTS 1. Vicinity Map 2. Proposed zoning exhibit 3. Rezoning map of Cargill Parcel ATTACHMENT ] T I POL E ; rY S MN C A T U NC M R \ FooMitis Gha 11 -06 Cargill Rezoning N ype II A 4/26/06 1 inch: 600 feet ATTACHMENT •4 'tF$f •L.. x (:J•/ (-t�//s nuu .r� NN/( @'9-9,J 8} 'fl nk3FIS+R L4l iMOWi Y F :JV/ ]QL/ fl�lflIl�l �t��le? { M"NXIM13;.Riv MYN Y Ti • r v ig ers .._ h 2 • I/ x sue • - d ATTACHMENT 3 UE ' �. .. iNC L. \ �i ■ u ,• o ' \ - �i Foothills - o , 1 • CargillRezoning ORDINANCE NO. 096, 2006 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 CARGILL REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land, and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance,and has determined that the 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: 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 "LMN", Low Density Mixed-Use Neighborhood Zone District, for the following described property in the City known as the Cargill Rezoning: A parcel of land previously conveyed and described in a deed recorded April 11, 1968 as Book 1383, Page 143 of the Records of Larimer County,being a portion of the Southwest Quarter (SWl/4) of Section Twenty (20), Township Seven North (T.7N.),Range Sixty-eight West(R.68W.),Sixth Principal Meridian(6th P.M.),City of Fort Collins, County of Larimer, State of Colorado, and more particularly described as follows: All that portion of the S W 1/4 of said Section 20 being bounded on the South by the South line of the SWl/4 of said Section 20; being bounded on the West by a line (and the Northerly and Southerly prolongation of said line) which forms the East boundary of Block 6,Block 7,Block 8,the most Northerly portion of Outlot B of the Final Plat of Sidehill—Filing One, recorded November 14, 2003 as Reception No. 2003-0144107; and being bounded on the North, Northeast, and East by Outlot B and the Southerly prolongation of the Westerly line of the most Southerly portion of said Outlot B of said Sidehill—Filing One. Said parcel of land contains 30.730 acres, more or less ( # and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. 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 6th day of June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk