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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2003 - SECOND READING OF ORDINANCE NO. 117, 2003, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 18 FORT COLLINS CITY COUNCIL DATE: September 2, 2003 FROM: Steve Olt SUBJECT : Second Reading of Ordinance No. 117, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Whitham Property Rezoning. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 117, 2003, which was unanimously adopted on First Reading on August 19, 2003, rezones 160.3 acres located on the south side of East Vine Drive between North Timberline Road (1/2 mile to the west) and Interstate 25 (1/2 mile to the east). The site is 40 currently vacant and is in the T -Transition District. • ORDINANCE NO. 117, 2003 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 WHITHAM PROPERTY 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 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"LMN",Low Density Mixed-Use Neighborhood Zone District, for the following described property in the City known as the Whitham Property Rezoning: The NW 1/4 of Section 9,Township 7 North,Range 68 West of the 6th P.M.,Except Right of Way for County Road 48 and Except Right of Way in Book 245 at Page 77, County of Larimer, State of Colorado Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code is hereby changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. The City Engineer 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 19th day of August, A.D. 2003, and to be presented for final passage on the 2nd day otember,A.D. 2003. Mayor ,ATTEST: City Clerk Passed and adopted on final reading this 2nd day of September, A.D. 2003. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 25 FORT COLLINS CITY COUNCIL DATE: August 19, 2003FROM Steve Olt SUBJECT: Hearing and First Reading of Ordinance No. 117, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Whitham Property Rezoning. RECOMMENDATION: Staff recommends adoption o he Ordi nce o Dirsding. EXECUTIVE SUMMARY: This is a request to rezone 160.3 acres located on the south side of East Vine Drive between North Timberline Road (1/2 mile to the west) and Interstate 25 (1/2 mile to the east). The site is currently vacant and is in the - Tuns' n 'st qu ed zoning for this property is LMN - Low Density Mixe - se Nei• both d su ding properties are zoned T - Transition in the City of Fort lins ( the t Indus 1 in both the City of Fort Collins and Latimer County (to the e al r me unty (to the south), and FAl - Farming in Larimer County(to the north). PETITIONER: BHA Design, Inc. i c/o Roger Sherman 4803 Innovation Drive Fort Collins, Colorado 80525 OWNER: Whithae ,LL c/o Da ary ith0189d Tuff, Ro Silverth e, 1 Fad_o 8 49 BACKGROUND: The petitioner, BHA Design, Inc., on behalf of the property owner, Whitham Property, LLC, has submitted a written request for the rezoning of 160.3 acres located on the south side of East Vine Drive between North Timberline Road (1/2 mile to the west) and Interstate 25 (1/2 mile to the east). The site is currently vacant and is in the T - Transition District in the City of Fort Collins. The requested zoning for this property is LMN-Low Density Mixed-Use Neighborhood. DATE: ITEM NUMBER: The surrounding zoning and land uses are as follows: N: FA I in Latimer County; vacant land E: I in City of Fort Collins and Latimer County; vacant land, existing light industrial (Imu-Tek) S: I in Latimer County; vacant land W: T in City of Fort Collins; vacant land Portions of the subject property were annexed as the Buderus First Annexation (30 acres) and Buderus Second Annexation (108 acres) in May, 1992. They were zoned IL- Limited Industrial with a Planned Unit Develop nt, P on ' T e re ning portion of the subject property was annexed as the hitha#n arms A ex 20 acres) in August, 2002. It was zoned T—Transition. A. City Plan Rezoning In March of 1997, in order to implement City Plan and Land Use Code, 138 acres of the property " Y now being considered for rezoning (previously zoned IL - Limited Industrial with a PUD condition) were placed in the T — Transition District at the property owner's request. The City Structure Plan that is part of the City Plan at that time showed the subject property to be in the area identified as Low-Density Mixed-Use Residential Neighborhood. Because there was no intent at the time to develop the property, the owner was give the choice of placing the property in either the LMN -Low Dens Mi d- 'e ig ist or T -Transition District. Since the implementation of a Land e C i 997 an ditional 20 acres of the property was annexed and zoned T-Tian ition. is. cu in Augus 2002. B. Current Request The petitioner, BHA Design, Inc., filed a rezoning petition with the City on June 23, 2003. The petitioner is requesting a rezoning of 160.3 acres from T — Transition to LMN — Low Density Mixed-Use Neighborhood. The T District functions as a "holding" zone where no uses are permitted on a property except uses that existed on the date the property was placed in this District. The property is currently vacant. The requested zoning for thi propert s the = p, subject y1either y Mixed-Use Neighborhood. There are numerous uses pe 'tted ' s administrative review or review by the Planning and Zom oard. ecture Plan and East Mulberry Corridor Plan, both elements of the Comprehensive Plan, presently suggest that Low Density Mixed-Use Residential is appropriate in this location. In evaluating the rezoning request, staff is guided by Article 2, Sections 2.9.4(H)(2) and (3). The request to rezone the 160.3 acre parcel is considered a quasi-judicial action since the parcel is less than 640 acres. The requested rezoning and amendment to the Zoning Map shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment is consistent with the City's Comprehensive Plan. DATE: ITEM NUMBER: 25 C. City Structure Plan The City Structure Plan, an element of the City's Comprehensive Plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Low Density Mixed-Use Residential." Therefore, the request is in compliance with the City Structure Plan. D. East Mulberry Corridor Plan The East Mulberry Corridor Plan (adopted September 2002), an element of the City's Comprehensive Plan, is a do um�pt th sta ' if work for zoning, land use, transportation planning, and an &I s etsca si for an ea along East Mulberry Street bounded by Lemay Avenue o�the wes Eastin D ve t�orth, and Interstate 25 to the east. Properties in the study arq oo th ou si of East Milberry Street are bounded on the south by a meandering line that, in essence, represents the current City limits in this area. The Framework Plan map (a copy is attached to this Agenda Item Summary) designates the subject parcel as "Low Density Residential." Therefore, the request is in compliance with the East Mulberry Corridor Plan. Findines: In evaluating the request for the Whitham Property Rezoning, Amendment to the Zoning Map from T - Transition to LMN - wftt a 'f}�"Ivjix TJ N ' hb rhood, and recommendation to City Council, staff makes the ollowing nding o ct A. The City Plan rezoning in.Marc .0 199, for this- operty to be placed in the T - Transition District assumed no immediate development. Based on an intent to develop the property, the request to rezone it into the LMN - Low Density Mixed-Use Neighborhood District is necessary. B. The subject property for the Whitham Property Rezoning is designated on the City Structure Plan as "Low Density Mixed-Use Residential". The request to rezone the property to LMN, therefore, complies with the City Structure Plan. C. The subject property fo e h am op y zo 'n designated on the Framework Plan map in the East lberry rrido 109rensity Residential". The request to rezone the propert o there re mpliesIvith the East Mulberry Corridor Plan. D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board conducted a public hearing on the rezoning request at its regular monthly meeting on August 7, 2003, and voted 4-1 to recommend approval of the rezoning request.