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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2003 - ITEMS RELATING TO THE EAST MULBERRY CORRIDOR PLAN AGENDA ITEM SUMMARY ITEM NUMBER: 18 A-C FORT COLLINS CITY COUNCIL DATE: May 20, 2003FROM Pete Wray SUBJECT : Items Relating to the East Mulberry Corridor Plan Rezoning. RECOMMENDATION: Staff recommends adoption of the Resolutions and of the Ordinance on Second Reading. EXECUTIVE SUMMARY: A. Resolution 2003-064 Amending the East Mulberry Corridor Plan (An Element of the Comprehensive Plan of the City). B. Resolution 2003-065 Amending the City's Structure Plan Map to Comport with the Amendments to the East Mulberry Corridor Plan. C. Second Reading of Ordinance No.066,2003,Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for the Certain Properties Known as the East Mulberry Corridor Plan Rezoning. On April 15, City Council adopted on First Reading, Ordinance No. 066, 2003, Amending the Zoning Map by changing the zoning classification for the properties known as the East Mulberry Corridor Plan as recommended by the Planning and Zoning Board. Prior to Second Reading, Council requested staff complete the following tasks: 1. Require a notice for future residential owners and tenants of MMN to be made aware of the existing Airport operations including visual and noise impacts. Staff has included a zoning condition requiring a notice to be on record with the Latimer County Clerk and Recorder notifying any future residential owners within the MMN of the existing airport operations (see Section 3 of Ordinance No. 066, 2003). 2. Contact the three property owners to assess their response to the recommended changes. Staff has contacted all three-property owners and has provided their responses below. lip 3. Develop required resolutions for adoption of the related Plan amendments. Staff has developed the required Resolutions for the amendments to the East Mulberry Corridor Plan and City Structure Plan (items A&B above). May DATE: ITEM NUMBER:18 _ Staff believes that the MMN designation raises additional issues on the adjacent parcels and that the pattern recommended by the Planning and Zoning Board needs further review to determine the appropriate land use and zoning based on this change. As a result of the staff assessment described below in the background information, staff supports changing the 1.79-acre parcel from Employment(E)to Medium Density Mixed-Use Neighborhood (MMN),and change the 6.47-acre parcel from Employment(E)to Industrial(1)land use designation for both the East Mulberry Corridor Plan and City Structure Plan Map. In agreeing with the stated Plan amendments mentioned above, staff supports the rezoning of the (1.79-acre) and (15.79-acre) parcels from Industrial (I), to Medium Density Mixed-Use Neighborhood(MMN). The Medium Density Mixed-Use Neighborhood (MMN) will provide a transition between the existing industrial uses to the east and existing commercial and residential uses to the south and north. The three properties are located within the existing developed area of the City of Fort Collins, and should it further develop,would be able to utilize the existing logical and orderly development pattern provided by the proximity to Lemay Avenue, East Mulberry Street and Lincoln Avenue. BACKGROUND: Previous Public Hearing Recommendations On April 10,2003,the Planning and Zoning Board voted 3-1 to recommend approval of a rezoning within the East Mulberry Corridor Plan area relating to three parcels located northeast of the intersection of Lincoln Avenue and Lemay Avenue. The recommendation included a change of zoning to the middle parcel from I Industrial to MMN Medium Density Mixed-Use Neighborhood (15.79 acres),and the south and north parcel from I Industrial to E Employment(1.79 acres and 6.47 acres). One member, not supporting the motion, pointed out that an isolated spot of E zoning was left on one lot at the corner of Lincoln and Lemay Avenues in the Board's recommended pattern. In addition, the Board recommended approval,based on the rezoning,to amend the East Mulberry Corridor Plan and the City Structure Plan Map. Further Assessment of Land Use and Zoning Change as Approved on First Reading Item Staff believes that the land use pattern adopted on First Reading on April 15,changes the intent of the proposed District. In agreeing to change the middle parcel (15.79 acres)from Employment to Medium Density Mixed-Use Neighborhood,the purpose and character of land use is changed from a primary office and employment park setting to a mixed-use residential neighborhood. This new neighborhood should be integrated with the existing adjacent Buffalo Run Apartments and Mulberry/Lemay Crossing shopping center to the south. The isolated spot of E Employment remaining at the comer (1.79-acre parcel) in-between these uses should also be MMN to further support this relationship. To keep the Employment land use and zoning on the 1.79-acre parcel would not form a unifying neighborhood district. In discussing this position with the owners of the 1.79-acre parcel on the comer of Lincoln and Lemay Avenues,the owners were agreeable to the rezoning because it allowed financial institutions as a primary use within the Employment zoning. These owners are currently pursuing a bank on the comer property and their primary concern is that if the zoning is changed to MMN,the development DATE: may zu, ZUU3 ITEM NUMBER: process will change from a Type I to a Type II review. However, the owners have a development submittal nearly ready and expect to submit the project before this Ordinance takes effect on May 30. This will allow them to go through the development process as a Type I review. In any case, the logical and orderly pattern of land use is to include the corner property within the MMN property to the north as part of the neighborhood. The property owners of the 6.47-acre parcel,north of the Webster parcel support either Employment or Industrial, but not Medium Density Mixed-Use Neighborhood. They are concerned about allowing additional residential adjacent to the industrial airport area. After hearing Council support MMN on the Webster property, property owners now prefer Industrial zoning. Staff is also concerned about locating more residential adjacent to the Airport and leaving an isolated E Employment parcel north of the Webster property. City Plan—Structure Plan Map The three properties have been zoned Industrial since 1997. The City Structure Plan Map,consistent with zoning,showed industrial land use designation since 1997. The East Mulberry Corridor Plan, an element of City Plan, recommended a change to employment land use designation and was adopted in September 2002. The Structure Plan Map was amended in September 2002 to reflect this change. Staff supports amending the Structure Plan Map to reflect the changes described above. East Mulberry Corridor Plan A subarea planning process was initiated in January 2001 by both the City and County to develop the East Mulberry Corridor Plan, which was jointly adopted in September 2002. The MMN land use designation described above will reflect a logical development pattern adjacent to the shopping center, within the East Mulberry Corridor Plan area. LIST OF ATTACHMENTS: 1. Existing Zoning Context Map. 2. Proposed amendments to the Zoning Map. 3. Existing East Mulberry Corridor"Framework Plan"Map. 4. Proposed amendments to the East Mulberry Corridor Plan, Chapter 5 text and Framework Plan Map. 5. Existing City Structure Plan Map. 6. Proposed amendments to the City Structure Plan Map. i I RESOLUTION 2003-064 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE EAST MULBERRY CORRIDOR PLAN (AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY) WHEREAS,by Resolution 2002-087,the Council of the City of Fort Collins,in conjunction with the Larimer County Planning Commission adopted the East Mulberry Corridor Plan as an element of the Comprehensive Plan of the City; and WHEREAS, subsequent to the adoption of the East Mulberry Corridor Plan and the corresponding amendment of the City's structure plan map, the Planning and Zoning Board, City Council and affected land owners have,in connection with the East Mulberry Corridor Plan rezoning effort,engaged in hearings and other discussions regarding the appropriate zoning for several parcels of property located on the northeast corner of the intersection of Lincoln Avenue and Lemay Avenue; and WHEREAS, throughout the East Mulberry Corridor Plan process, several alternative land uses were evaluated for the three properties located northeast of the intersection of Lincoln Avenue and Lemay Avenue, including maintaining the industrial designation and changing industrial to residential or employment designations; and . WHEREAS,two of the properties are within a quarter mile distance of the Mulberry/Lemay Crossing Shopping Center, which has the function and appearance of a Neighborhood Center and is within easy walking distance of transit and a commercial district; and WHEREAS, there are no other properties meeting these criteria available to accommodate Medium Density Mixed Use Neighborhood(NIIvIN)zoning in association with the Neighborhood Commercial (NC)Zone District in this immediate area; and WHEREAS,the Medium Density Mixed Use Neighborhood(HEWN) land use designation will provide a transition of land use between the existing industrial uses to the east and the existing residential neighborhood to the north and the Structure Plan Map should be amended accordingly; and WHEREAS,the northeastemmost portion(containing 6.47 acres)of the subject property of the East Mulberry Corridor Plan rezoning, which was originally planned to be changed from the Industrial(1)Zone District to the Employment(E)Zone District,would no longer be appropriate for employment uses if the property to the south and west is placed in the Medium Density Mixed Use Neighborhood(MRNIN)Zone District,nor should such property be zoned forresidential uses because of its close proximity to the neighboring airport; and WHEREAS, for the foregoing reasons, the Council has determined that said northeastern- most portion of the property should remain in the Industrial (1) Zone District and that the East . Mulberry Corridor Plan should be amended accordingly. WHEREAS,since the East Mulberry Corridor Plan represents ajoint planning effort between the City and Larimer County,both the Fort Collins City Council and the Larimer County Planning Commission will need to adopt the Plan before it can go into effect; and WHEREAS,the Council has determined that the proposed amendments to the East Mulberry Corridor Plan are in the best interests of the citizens of the City. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the proposed amendments to the East Mulberry Corridor Plan, attached hereto as Exhibits "A" and 'B" and incorporated herein by this reference, are hereby adopted; provided, however, that said amendments shall become effective only upon adoption by the Larimer County Planning Commission. Passed and adopted at a regular meeting of the City Council held this 20th day of May,A.D. 2003. I Mayor ATTEST: City Clerk i II I RESOLUTION 2003-065 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CTI'Y'S STRUCTURE PLAN MAP TO COMPORT WrM THE AMENDMENTS TO THE EAST MULBERRY CORRIDOR PLAN WHEREAS,by Resolution 2002-087 the Council of the City of Fort Collins has adopted the East Mulberry Corridor Plan as an element of the City's Comprehensive Plan; and WHEREAS,by Resolution 2003-064,the Council has amended the East Mulberry Corridor Plan by changing the land use designations of two properties located on the northeast corner of the intersection of Lincoln Avenue and Lemay Avenue from employment to medium density,mixed use neighborhood land uses and by changing the land use designation of one property at said location from employment to industrial land uses; and WHEREAS,because of the adoption of the amendments to the East Mulberry Corridor Plan, the Council has determined that certain amendments should be made to the City's Structure Plan Map; and WHEREAS, throughout the East Mulberry Corridor Plan process, several alternative land uses were evaluated for the three properties located northeast of the intersection of Lincoln Avenue and Lemay Avenue, including maintaining the industrial designation and changing industrial to residential or employment designations; and WHEREAS,two of the properties are within a quarter mile distance of the Mulberry/Lemay Crossing Shopping Center, which has the function and appearance of a Neighborhood Center and is within easy walking distance of transit and a commercial district; and WHEREAS,there are no other properties meeting these criteria available to accommodate Medium Density Mixed Use Neighborhood(MEAN)zoning in association with the Neighborhood Commercial (NC)Zone District in this immediate area; and WHEREAS,the Medium Density Mixed Use Neighborhood(M14N) land use designation will provide a transition of land use between the existing industrial uses to the east and the existing residential neighborhood to the north and the Structure Plan Map should be amended accordingly; and WHEREAS,the north easternmost portion(containing 6.47 acres)of the subject property of the East Mulberry Corridor Plan rezoning, which was originally planned to be changed from the Industrial(1)Zone District to the Employment(E)Zone District,would no longer be appropriate for employment uses if the property to the south and west is placed in the Medium Density Mixed Use Neighborhood(M1vIN)Zone District,nor should such property be zoned for residential uses because of its close proximity to the neighboring airport; and • WHEREAS, for the foregoing reasons, the Council has determined that said northeastern- most portion of the property should remain in the Industrial (1)Zone District and that the Structure Plan should be amended accordingly; and WHEREAS, the Council has determined that the proposed amendments to the City's Structure Plan Map are in the best interests of the citizens of the City. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City's Structure Plan Map is 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 City Council held this 20th day of May,A.D. 2003. Mayor ATTEST: City Clerk . ORDINANCE NO. 066, 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 EAST MULBERRY CORRIDOR PLAN 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 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,and the same hereby is,amended by changing the zoning classification from"I",Industrial Zone District,to - , Ernploymart-the Medium.Density Mrxed-Use Neighborhood (M1vIN),Zone District, for the following described properties in the City known as the East Mulberry Corridor Plan Rezoning: West, described as 7k tract of land located in the West half of Section 7, T-Onallip 5 N01dl, RaRge 68 minates 83 seconds West 442.99 feet, thence, Notd, 87 degrees, 55 , seconds West 204.00 Ft,�flienee Nordi 82 dep ces,04 minates,03 Seconds East 62.53 feet,thence North Sq deg.ees,55 minates,57second.West 583.00 feet,thence Nm th 62 depees, 04 trhnutes, 03 semids East 24.?2 feet to the true point of begimlifIr. Parcel#87072-00-002 (15.79 Acres) A tract of land located in the Northwest Quarter of Section 7, Township 7 North, Range 68 West of the 6'P.M., described as follows: Beginning at a point on the West line of said Section 7, which point is 1320 feet North from the West Quarter comer of said Section 7; Thence East 30 feet;thence South 300 feet;thence East 791 feet;thence South 1020 feet;more or less,to the South line of said Northwest Quarter;thence West along the South line of the Northwest Quarter of said Section 7 821 feet to said West Quarter corner; thence North 1320 feet to the point of beginning; EXCEPT a parcel of land described in Book 1974 at Page 581 of the Larimer County, Colorado records. Parcel#87072-00-026 (1.71 Acres) A parcel of land situated in the NW 1/4 or Section 7,Township 7 North,Range 68 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more particularly described as follows: Commencing at the SW corner of the NW 1/4 said Section 32;thence NO2°04'03"E, along the West line of said NW 1/4 a distance of 40.01 feet; thence S89°27'44" E parallel with and 40.00 feet northerly of the South line of said NW 114 and along the northerly R.O.W.line extended westerly of East Lincoln Avenue a distance of 75.01 feet to a point lying on the easterly corner of that parcel of land described in Book 1974 at Page 581 of the Larimer County,Colorado,records begin the intersection of said northerly R.O.W. line and the easterly R.O.W. line of North Lemay Avenue, said point being the point of beginning;thence N 12°51'17"W along the easterly line of said parcel described in Book 1974 at Page 581 and said easterly R.O.W. line a distance of 174.69 feet to the northerly comer of said parcel described in Book 1974 at Page 581;thence N02004'03"E parallel with and 30.00 feet easterly of the West line of said NW1/4 and continuing along said easterly R.O.W. line a distance of 131.16 feet; thence S89°27'44" E parallel with the South line of said NW1/4 a distance of 237.58 feet; thence S06°15'14" E a distance of 303.17 feet to a point lying on said northerly R.O.W. line; thence N89°27'44" W along said northerly R.O.W. line parallel with and 40.00 feet northerly of the South line of said NW 1/4 a distance of 236.47 feet to the point of beginning. . 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 not included in the Residential Neighborhood Sign District. Section 3. That if any portion of the property which is the subject of this ordinance is developed for residential purposes,the developer thereof shall,concurrently with but separately from the recording of the plat of any such residential development,also record with the Lanmer County Clerk and Recorder a prominent "notice". notifying through the,public record,all purchasers of residential property in such development of the existe.nce`of a nearby"airport and of the likelihood that airplanes will be flying either over or near such residential development. Such"notice"shall include a legal description of the subject residential development in both prose and in graphic form and shall impose an obligation upon the owners of any rental units constructed on such property to notify all.prospective tenants of such units of the proximity of the airport which obligations shall be enforceable by the City in a court of competent jurisdiction. Section34. 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 15th day of April, A.D. 2003, and to be presented for final passage on the 20th day of May, A.D. 2003. • Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of May, A.D. 2003. Mayor ATTEST: City Clerk • AGENDA ITEM SUMMARY ITEM NUMBER: 24 FORT COLLINS CITY COUNCIL DATE: April 15, 2003FROM Pete Wray SUBJECT: First Reading of Ordinance No. 066, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classifications for the Certain Properties Known as the East Mulberry Corridor Plan Rezoning. RECOMMENDATION: Staff recommends adoption o e Ordin ce o i t Reading. EXECUTIVE SUMMARY: This is a request to change the zoning designation of 3 parcels totaling approximately 23.9 acres located at the northeast corner of Lincoln/Lemay Avenue, from Industrial (I) to Employment (E). The proposed rezoning to CEmp ent D' t t m - ndustrial is appropriate for the described three properties anp ble w ing an proposed uses surrounding them. The proposed rezoning wies 't,jp s scantly . verse impacts on the natural environment and will result in a logical and orderly development pattern. The East Mulberry Corridor Plan Rezoning is consistent with the City's Comprehensive Plan (City Structure Plan Map) and the East Mulberry Corridor Plan (Framework Plan Map), both adopted by City Council on September 17, 2002. The applicability of the requested amendment to the Zoning Map is based on the Land Use Code Article 2, Division 2.9.2 by the Director, founded upon the adoption and implementation of a subarea/corridor plan. This em sen a im to ' n follow-up action after the adoption on the East Mulbe omdo lan. BACKGROUND: Existing Land Use and Zoning The surrounding zoning and land uses are as follows: N: RL; Existing Andersonville Neighborhood I; Vacant land S: C; Lincoln Avenue, Buffalo Run Apartments, Wal Mart E: I; Duff Drive,existing industrial uses W: I; Lemay Avenue, existing industrial uses, vacant land RL; Existing Andersonville Neighborhood. 24 DATE: Prr ITEM NUMBER: i City Plan—Structure Plan Map i The three properties have been zoned Industrial since 1997. The City Structure Plan Map, consistent with zoning, showed industrial land use designation since 1997. The East Mulberry Corridor Plan, an element of City Plan, recommended a change to employment land use designations and was adopted in September 2002. The Structure Plan Map was amended also in September 2002 to reflect this change. The East Mulberry Corridor Plan is the subarea plan that adds specific details to the general nature of the Structure Plan for the East Mulberry Corridor Area. This subarea plan indicates the E is the proper zoning for this area. East Mulberry Corridor Plan A subarea planning process Cra.siniti ed in aPas 2001 y both the City and County to develop the East Mulberry Corrdor*Plan hichintl adopted in September 2002. The Plan received support for employment for the following reasons: Employment will provide additional options for new development at strategic locations and foster redevelopment opportunities. An opportunity to change some of the industrial uses to employment beyond the airport area would allow for attractive office, commercial and secondary residential uses to provide business expansio and qu 't nu ed-use velo Went. The employment uses ill provCeagsi n• etwee the existing industrial uses to the east, and future developme et , venue. Zoning and Analysis This is a rezoning initiated by the Director of CPES as authorized under Section 2.9.3 of the Land Use Code to bring the zoning map back into compliance with the adopted East Mulberry Corridor Plan. The three properties were annexed to the city in the early 1990's and zoned IL. A citywide rezoning was implemented after City Plan was adopted in 1997 resulting in these i properties being zoned Industrial. The adopted subarea plan (East Mulberry Corridor Plan) recommends the E zone distric t The purpose of the (n Indus Zoni istri is lled ou n 4.23(A) of the Land Use Code. Article 4.23 states that the distn "is intended to provide a location for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations." I The three properties were zoned Industrial to reflect the character of the uses in and around the existing Fort Collins Downtown Airpark and surrounding manufacturing and warehouse uses. All three properties have been vacant for several years. , i f DATE: ITEM NUMBER: 24 The purpose of the E zone as described in Section 4.22(A) of the LUC states: "it is intended to provide a variety of workplaces including light industrial uses, research and development activities, offices and institutions. The District also is intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, childcare and housing. " The requested zoning is compatible with all existing land uses. The property is surrounded on three sides with land that is already zoned Industrial, Commercial and RL (Low Density Residential). The Employment Zoning will allow for office, light manufacturing, commercial and multi-family residential, s charlgin�rthis�ro rG o< ou d be compatible. The subarea plan indicates that the metoned thee p e ies hoIIld e E to provide employment opportunities, transition betwe&n land u es a a active m' ed-use development to revitalize the area. i!. There are no significant environmentally sensitive areas associated with the subject properties. The three properties are located within the existing developed area of the City of Fort Collins, and should it further develop, would be able to utilize the existing logical and orderly development pattern provided by the site's proximity to Lemay Avenue, East Mulberry Street and Lincoln Avenue. LIST OF ATTACHMENTS• o"l P Y lip 1. Vicinity Map. 2. Existing Zoning Context ap. 0 3. Proposed amendments to the Zoning Map (staff's recommended configuration). 4. Letter from Clair McMillen, Majority owner of the Fort Collins Downtown Airpark, dated March 26, 2003. 5. Notes from East Mulberry Corridor Plan Meetings. 6. Staff Response to proposed Medium Density Mixed-Use Neighborhood (ND AN) from James Webster, property owner of Parcel# (87072-00-002), dated 3/26/03.