HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2003 - HEARING AND FIRST READING OF ORDINANCE NO. 117, 20 77777T�77777-�'7 T ' '-7_,
AGENDA ITEM SUMMARY ITEM NUMBER: 25
FORT COLLINS CITY COUNCIL DATE: August 19, 2003
FROM: 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 of the Ordinance on First Reading.
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 T - Transition District. The requested zoning for this property is
LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are zoned T -
Transition in the City of Fort Collins (to the west), I - Industrial in both the City of Fort Collins
and Latimer County (to the east), I - Industrial in Latimer County (to the south), and FAI -
Farming in Latimer County(to the north).
PETITIONER: BHA Design, Inc.
c/o Roger Sherman
4803 Innovation Drive
Fort Collins, Colorado 80525
OWNER: Whitham Farms, LLC
c/o David W. and Mary E. Whitham
0189 Arrowhead Bluff, Blue River Route
Silverthome, Colorado 80498
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.
ugus
DATE: ITEM NUMBER:
The surrounding zoning and land uses are as follows:
N: FA 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 Development (PUD) condition. The remaining portion of the subject
property was annexed as the Whitham Farms LLC Annexation (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
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 Density Mixed-Use Neighborhood District or T-Transition District.
Since the implementation of the Land Use Code in 1997 an additional 20 acres of the property
was annexed and zoned T -Transition. This occurred in August 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 LAIN — 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 this property is the LMN - Low Density Mixed-Use Neighborhood.
There are numerous uses permitted in this District, subject to either administrative review or
review by the Planning and Zoning Board. The City's adopted Structure 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: August 19, ZUUJ
ITEM NUMBER:
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 document that establishes the framework for zoning, land use,
transportation planning, and urban & streetscape design for an area along East Mulberry Street
bounded by Lemay Avenue to the west, East Vine Drive to the north, and Interstate 25 to the
east. Properties in the study area on the south side of East Mulberry 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 — Low Density Mixed-Use Neighborhood, and recommendation to
City Council, staff makes the following findings of fact:
A. The City Plan rezoning in March of 1997 for this property 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 for the Whitham Property Rezoning is designated on the Framework
Plan map in the East Mulberry Corridor Plan as "Low Density Residential". The request
to rezone the property to LMN, therefore, complies with the East Mulberry Corridor
Plan.
D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (II) 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.
. 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 raid 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 of September, 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
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Justification of Rezoning June 3,2003
• Whitham Property
Section 2.9.4(H)(2): Mandatory Requirements for Quasi-judicial Rezonings. Any amendment to the
Zoning Map involving the zoning or rezoning of six hundred forty(640)acres of land or less(a quasi-
judicial rezoning)shall be recommended for approval by the Planning Zoning Board or approved by
the City Council only if the proposed amendment is:
(a) consistent with the City's Comprehensive Plan;and/or-Applicable
(b) warranted by changed conditions within the neighborhood surrounding and including the
subject property.—Not Applicable
Justification:
The subject property was incorporated into the City of Fort Collins under two separate annexations.
The I"and 2nd Buderns Annexations were adopted on May 21, 1992, and the Whitham Farms LLC
Annexation was adopted on August 20, 2002.At the time of annexation there were no specific and
immediate plans for development so the properties were zoned Transition(T).
Recently, the property owners decided that they would like to rezone the property in order to develop.
The proposed rezoning ofthe Whitham Property,from the Transition Zone District(T) to the Low
Density Mixed-Use Neighborhood District(LW, is consistent with the City's Comprehensive Plan.
Specifically, this site is located within the East Mulberry Corridor Plan, which designates this
• property as "Low Density Residential".
Section 2.9.4"(3): Additional Considerations for Quasi-Judicial Rezonings. In determining whether
to recommend approval of any such proposed amendment,the Planning and Zoning Board and City
Council may consider the following additional factors:
(a)whether and the extent to which the proposed amendment is compatible with existing and
proposed uses surrounding the subject land,and is the appropriate zone district for the land;-
Applicable
(b)whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment,including,but not limited to,water,air,noise,
stormwater management,wildlife,vegetation,wetlands and the natural functioning of the
environment;-Applicable
(c)whether and the extent to which the proposed amendment would result in a logical and
orderly development pattern.-Applicable
Justification:
(a) The proposed amendment is compatible with existing and proposed uses surrounding the subject
property, and is the appropriate zone district for the land. The following is a list of the existing and
proposed uses for the area surrounding the Whitham Property:
• North: Vine Drive abuts the northern boundary of the site. Currently the land north of Vine
Drive is farmed and undeveloped. The Mountain Vista Sub Area Framework Plan illustrates
Justification for Rezoning Pagel of 2
"Employment"uses located immediately north of Vine Street. Employment uses and
residential uses are complimentary uses that allow residents to live and work in the same
area.
South: The land located immediately south of the Whitham Property is currently used as
cropland. The East Mulberry Corridor Plan designates the property in the area as Low and
Medium Density Mixed-Use Neighborhood.
East:A developed small industrial site abuts the northeast corner of the Whitham property.
The rest of the east property line is bordered by the Cooper Slough Natural Buffer area.
West: The parcel located west of the Whitham Property is currently used as cropland. The
East Mulberry Corridor Plan designates this property as Low Density Mixed-Use
Neighborhood.
(b)Development plans for the Whitham Property would involve the conversion of most of the property
to residential development, a neighborhood center and a neighborhood park. All development would
be within row cropland, non-native grassland, and disturbed habitat areas. Therefore, there would be
no direct impacts to important wildlife habitats or special habitat features with the Whitham Property.
The proposed development would also have no indirect effect on Cooper Slough as long as best
management practices are employed during construction to preclude untreated runoff and
sedimentation impacts into the slough.
Because Cooper Slough has been identified as a waterfowl concentration area, a 300 foot
development setback from Cooper Slough has been established by the City of Fort Collins. A 300 foot
buffer would encroach into the eastern edge of the project area. As long as an average of 80 percent
of a 300 foot development setback is maintained from the slough,project development approval
should not need to request of variance from this requirement.Native shrubs and trees as well as
herbaceous species will be planted in the buffer zone between the development and Cooper Slough to
enhance this portion of the Cooper Slough corridor. Plantings of shrubs and trees will create visual
screening between the creek and proposed development sites and improve existing habitat conditions
along the slough.
There is one existing mature and very large cottonwood adjacent to the railroad right-of-way is
partially decadent with about half of the lower trunk consisting of deadwood This tree could pose a
health and safety risk to people or structures in the nearfuture and may need to be removed prior to
development. Because of its isolated location, this large cottonwood tree would also provide little
wildlife habitat value if the Whitham Property is developed.
(c) The development of this parcel will contribute to the logical and orderly development of this part
of town by:
1) allowing the extension of the arterial and collector street network through the property to
serve the residents and employees in this area.
2) supplying a corridor for the extension of the Cooper Slough regional which will provide
an alternative mode of transportation for residents and employees in the area.
3) using the existing utility infrastructure(Fort Collins Light&Power, Box Elder
Sanitation and ELCO Water Dist), which is located in close proximity to or within the
Whitham Property.
Justification for Rezoning Page 2 of 2