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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/19/2010 - SECOND READING OF ORDINANCE NO. 105, 2010, AMENDIN DATE: October 19, 2010 • STAFF: Clark Mapes G . • • Second Reading of Ordinance No. 105, 2010,Amending Ordinance No. 100, 2009, for the Purpose of Removing the Requirement to Rezone the Property Known as the Riverwalk Annexation Within One Year. EXECUTIVE SUMMARY When the Riverwalk property was annexed and zoned T, Transition on October 27, 2009, the zoning ordinance included a requirement that the property be rezoned within one year. This Ordinance, unanimously adopted on First Reading on October 5, 2010, removes the deadline for rezoning the property, allowing the property to remain in the Transition "T zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-October 5, 2010 (w/o attachments) ATTACHMENT 1 DATE: October 5, 2010 ' STAFF: Clark Mapes • ' • • First Reading of Ordinance No. 105, 2010, Amending Ordinance No. 100, 2009, for the Purpose of Removing the Requirement to Rezone the Property Known as the Riverwalk Annexation Within One Year. EXECUTIVE SUMMARY r---- r., /7 When the Riverwalk property was annexed and zoned�T, 4 ansition onlOctober 27, 2009, the zoning ordinance included a requirement that the property be r6zo`ned`w��one year. This item is a staff-initiated proposal to remove the deadline for rezoning the property, allowing the-property to remain in the Transition "T" zone district. BACKGROUND / DISCUSSION This item involves 266 acres of privately-owned property at the southwest quadrant of Interstate 25 and East Harmony Road. The property is within the Harmony Road/1-25"Gateway Area"as identified in the Harmony Corridor Plan, and is also known as the Riverwalk property. The property is bounded by Interstate 25 on the east, Harmony Road on the north, Strauss Cabin Road and the Fossil Creek Inlet Ditch on the west, /and Kechter Road,on the south. (See Attachment 1) C:� �(� �`l_�! �\wrThe property was initially zoned by Oance No. 100, 2009;omOctoberj 27, 2009. At that time, the property was placed into the T, Transition zone, withh a re�quireme� at staff bring forwLard a rezoning of the property within one year. (See Attachment 2). Staff proposes to amend the initial zoning ordinance, to remove the deadline for rezoning. The issue has three main aspects: (1)the purpose of the"T"zone district; (2)the intent behind the deadline in the initial zoning ordinance; and (3) pros and cons of amending the initial ordinance to allow the property to remain in the'7"zone district. 1. Purpose of the T, Transition Zoning District The purpose of the T, Transition zone is to serve as a "holding zone" for properties which have no specific or immediate plans for development. It is typically usediwhen prgperty owners and/or the City are not ready to commit to a given zoning district at the time ofrzoning,The-current status of theproperty fits precisely with the purpose of the "T"zone district. 2. Intent behind the rezoning deadlinerequirement Staff's interpretation of the intent behind City Council's inclusion of the deadline for rezoning, is that it was related to expectations for a package of tailored amendments to the Harmony Corridor zoning district. This package was expected to be done within a year,and was expected to include rezoning into the HC,Harmony Corridorzoning district. Work on the expected package was postponed due to a combination of circumstances, including ownership issues and public process issues. 3. Pros and cons Staff finds no disadvantage in removing the•deadliine, nd leaving-the property/in the"T"zone district. Staff finds that the"T"zone is the ideal zone for the subject property at this time, for11two�ma n reasons. First, the zoning that would fit the current City Structure Plan (HC, Harm onyjCorridor)andd�RUV Rural/Lands) does not contain any standards tailored for the unique context of this sit called f��hel ,Harmony Condor Plan and City Plan. Second, a package of plan amendments and new zoning regulations is still anticipated, which would result in a land use approach tailored specifically to the unique opportunities of the property. Staff believes it would be premature to October 5, 2010 -2- ITEM 9 rezone the property at this time, while the City and the developer are still exploring a tailored approach to land uses and development standards. Without the deadline, rezoning can be initiated at any time by the owner of the property or the City. Other Options Considered Staff considered a range of options in response to the rezoning requirement in the initial zoning ordinance, in reaching a recommendation. Three main options were: • Option 1 (staff recommended)-a new ordinance amending the original ordinance to remove the deadline for rezoning the property. • Option 2 (not recommended)-anew-ordinance)exten(din�g the deadline for rezoning the property for another year. �� k J) I I ) I • Option 3(not recommended) rezone according to the current City,Structure Plan -north half would be HC, Harmony Corridor; the south half would be RUL, Rural Urban Lands. Regarding Option 2, staff believes that a new deadline would be arbitrary, relative to the many variables that affect the timing of land use actions, and would not be effective in achieving a desired outcome for the property. Regarding Option 3, staff finds no reason to proceed with rezoning at this time, given that the"T"zone district fits the circumstances and given that a whole approach is still being explored by the owner and the City. STAFF RECOMMENDATION Ff g U IIg �' Staff recommends adoption of the O�d anc on`Firrst Read!g BOARD / COMMISSION RECOMMENDATION On September 16, 2010, the Planning and Zoning Board voted 7-0 to recommend approval of the amendment to the initial zoning ordinance. The item was approved as part of the Board's Consent Agenda, with no discussion. PUBLIC OUTREACH ^� ^� r� n n (� " (l )l I I_J) \U/ Staff has handled this item as an administrative matter,with no-public outreach. Staff has discussed this matter with the current property owner, who is in agreement witthhrrreemoval of the rezohL ng requirement. Li ATTACHMENTS 1. Location Map 2. Zoning Ordinance No. 100, 2009 ORDINANCE NO. 105, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 100, 2009, FOR THE PURPOSE OF REMOVING THE REQUIREMENT TO REZONE THE PROPERTY KNOWN AS THE RIVERWALK ANNEXATION WITHIN ONE YEAR WHEREAS, on October 27, 2009, the City Council passed, on second reading, Ordinance No. 100, 2009, amending the zoning map of the City and classifying for zoning purposes the property included in the Riverwalk Annexation into the Transition "T" zone district; and WHEREAS, Section 3 of Ordinance No. 100, 2009, requires that the City Manager present to the City Council for its consideration, no later than one year from the effective date of Ordinance No. 100, 2009, recommendations from the staff and the Planning and Zoning Board as to the most appropriate zone district or districts into which the property should be placed upon removal from the Transition "T" zone district; and WHEREAS,City staff has recommended that the property remain in the Transition"T"zone district pending further study and the development by the staff of a tailored approach to land uses and development standards within the Riverwalk area; and WHEREAS, City Council has determined that it is in the best interests of the City that the requirement contained in Section 3 of Ordinance No. 100,2009, be deleted and that the property be included in the Riverwalk Annexation remain in the Transition"T"zone district until such time as either the City or the owner of the property initiates a rezoning action to remove the property from the Transition"T" zone district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3 of Ordinance No. 100, 2009, is deleted and repealed. Introduced, considered favorably on first reading, and ordered published this 5th day of October, A.D. 2010, and to be presented for final passage on th t day of October, A.D. 2010. Mayor ATTEST: - U) - City Clerk Passed and adopted on final reading on the I9th day of October, A.D. 2010. Mayor ATTEST: City Clerk