HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2010 - FIRST READING OF ORDINANCE NO. 105, 2010, AMENDING 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
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 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)
The property was initially zoned by Ordinance No. 100, 2009, on October 27, 2009. At that time, the property was
placed into the T, Transition zone, with a requirement that staff bring forward 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 "T"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 used when property owners and/or the City are not ready to commit
to a given zoning district at the time of zoning. The current status of the property fits precisely with the purpose of the
"T"zone district.
2. Intent behind the rezoning deadline requirement
Staffs 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 deadline, and 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, for two main reasons. First, the zoning that would
fit the current City Structure Plan (HC, Harmony Corridor, and RUL, Rural Lands) does not contain any standards
tailored for the unique context of this site as called for in the Harmony Corridor 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
rezone the property at this time, while the City and the developer are still exploring a tailored approach to land uses
October 5, 2010 -2- ITEM 9
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)-a new ordinance extending the deadline for rezoning the property for another
year.
• 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
Staff recommends adoption of the Ordinance on First Reading.
BOARD I 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
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 with removal of the rezoning requirement.
ATTACHMENTS
1. Location Map
2. Zoning Ordinance No. 100, 2009
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Subject Property , Riverwalk Rezoning Requirement
Vicinity Map 1 inch = 13500feet
ATTACHMENT 2
COPY
COPY ORDINANCE NO. 100, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE RIVERWALK ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the zoning
of the property which is the subject of this ordinance,and has determined that said property should
be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT .
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Riverwalk Annexation (the "Property") to the City of Fort Collins,
Colorado, in the Transition ("T") Zone District, which Property is more particularly described as
situate in the County of Larimer, State of Colorado,to wit:
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE
SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF
SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN
RELATIVE THERETO:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTERS 01044'18"
E, 51.01 FEET TO THE POINT OF BEGINNING;
THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY LINE FOR EAST HARMONY ROAD,
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING
NINE(9)COURSES:
1. S 89047'25" E, 670.82 FEET;
2. S 89-18-55" E, 245.96 FEET;
3. S 84°57'34" E, 86.41 FEET;
4. ALONG THE ARC OF A CURVE TO-THE RIGHT,A DISTANCE OF 208.64 FEET,
SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF
128043'21", AND A CHORD BEARING S 67008'05" E, 167.45 FEET;
5. N 48030-14" E, 98.38 FEET;
6.ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET,SAID
CURVE HAVING A RADIUS OF 32.81 FEET,A CENTRAL ANGLE OF24°18'57",AND
A CHORD BEARING N60039'40"E, 13.82 FEET;
7.N 72-49-06" E, 56.60 FEET; I
8. S 83-57-55"E,29.18 FEET;
9. S 83044'43" E, 158.80 FEET;
THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES
OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO.
20060008730, THE FOLLOWING FIVE(5)COURSES:
1. S 00°30'05" W, 227.41 FEET;
2. S 89029'55" E, 25.40 FEET;
3. S 00030'05" W, 5.00 FEET;
4. S 89029'55" E, 200.00 FEET;
5.N 00030'05" E, 173.90 FEET;
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,THE
FOLLOWING FIVE(5) COURSES:
1. S 89036'28" E, 265.38 FEET;
2. S 5605601"E, 82.86 FEET;
3. S 24015'59" E, 793.35 FEET;
4. S 02002'35" E,4185.48 FEET;
5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 11295.00 FEET,A CENTRAL ANGLE OF 00041'19",AND A
CHORD WHICH BEARS S 01-43'13" E, 135.77 FEET;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE
FOLLOWING TWO(2) COURSES:
1. S 84°55'54" W, 574.58 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 3;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE
FOLLOWING TWO(2)COURSES: .
1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3,
N 89004'36" W, 100.00 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LARIMER COUNTY ROAD 36;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36"W, 1181.36
FEET;
THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT
RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400;
THENCE N 090 l6'32" W,283.78 FEET;
-2-
THENCE N 01046,32" W, 289.41 FEET; \
THENCE N 32046'32" W, 144.50 FEET;
THENCE N 23039'02" W, 631.96 FEET;
THENCE N 01°50'02" E, 208.47 FEET;
THENCE N 17013'48" W,642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF
DEDICATION RECORDED AT RECEPTION NO. 20040047101;
THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY
OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE
.NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01049'14" W,
493.55 FEET.TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 4,T6N, R68W;
THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3, N 01044-18" W, 2598.32 FEET TO T14E POINT OF BEGINNING.
Section 2. That the foregoing Property to be placed in the Transition("T")zone district
shall be subject to the following condition:
Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code,
earth-moving activities that are necessary to complete the terms and conditions of the
State of Colorado Mined Land Reclamation Board for reclamation of the former
gravel pit on the property,as well as the addition,stockpiling and grading of fill dirt
in order to establish the necessary grades for future development of the property,
shall also be permitted. Any earth work activity that exceeds the requirements for
gravel pit reclamation is subject to submittal, review and approval of a Project
Development Plan subject to review by the Planning and Zoning Board in accordance
with the Land Use Code.
Section 3. That the City Manager is hereby directed to present to the City Council for
awl its consideration, no later than one (1) year from the effective date of this Ordinance,
recommendations from City staff and the City's 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.
Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is included in the Residential Neighborhood Sign District.
Section 5. That the City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D. 2009, and to be presented for final passage on the day of October, A.D. 2009.
Mayor
ATTEST:
City Clerk - ,
Passed and adopted on final reading on the 27th day of O r, A.D. 2009.
Mayor
A TEST:
City Clerk
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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 the 19th day of October, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the l9th day of October, A.D. 2010.
Mayor
ATTEST:
City Clerk