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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/15/2014 - SECOND READING OF ORDINANCE NO. 095, 2014, AMENDINAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY July 15, 2014 City Council STAFF Clark Mapes, City Planner SUBJECT Second Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Harmony/I-25 Rezoning. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on July 1, 2014 by a vote of 6-0 (Campana recused), rezones 264 acres located at the southwest corner of Harmony Road and Interstate 25 from Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-U-L), in accordance with the Comprehensive Plan (City Plan). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary (w/o attachments) (PDF) 2. Ordinance No. 095, 2014 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 1, 2014 City Council STAFF Clark Mapes, City Planner SUBJECT First Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Harmony/I-25 Rezoning. EXECUTIVE SUMMARY The purpose of this item is to rezone 264 acres located at the southwest corner of Harmony Road and Interstate 25 from Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-U-L), in accordance with the Comprehensive Plan (City Plan). STAFF RECOMMENDATION Staff recommends approval of the Ordinance on First Reading. BACKGROUND / DISCUSSION The property was annexed and zoned on October 6, 2009 as the Riverwalk Annexation. The property was held in the T, Transition zone district at the time of annexation, as the former owner was continuing to explore possible alternative land use and zoning concepts. The T zone is a holding zone for properties where there are no specific or imminent plans for development. No additional development is permitted in the zone. It is typically used to allow property owners and the City to consider zoning alternatives while the property is held in the T zone. Any rezone request for property in the T zone is treated differently than other rezone requests, because the T zone specifies requirements for the City to process the request quickly. Section 4.12(B)(2) of the Land Use Code states: “The owner of any property in the T District may at any time petition the City to remove the property from this zone district and place it in another zone district. Unless the following time limitations are waived by the petitioner, any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least thirty (30) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the Board, the City Council shall change the zoning for the property in question to another zone district authorized under this Article.” The current request was received April 4, 2014; the Planning and Zoning Board considered the item at its May 8 Hearing. The Board forwarded a recommendation of approval to City Council, on the Board’s consent agenda. Typically, requests to rezone property out of the T zone into zone districts that are in accordance with the City Structure Plan, are routine procedural matters. ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 Subject Area The subject area extends one mile southward from Harmony Road to Kechter Road, and ½ mile westward from Interstate 25 to Strauss Cabin Road. This area is divided into a north half and a south half for zoning purposes. The adopted Harmony Corridor Plan provides policy guidance for land use in the north half of the subject area. It shows a land use designation of “Basic Industrial Non-Retail Employment Activity Center”, which is a specific designation that is implemented by H-C, Harmony Corridor zoning; thus, the requested zoning is consistent with the plan. The Harmony Corridor Plan further describes this area as a community gateway with special opportunities to emphasize the Poudre River valley landscape setting in any future land use and development. This policy guidance from the Harmony Corridor Plan is reflected in City Plan, with its map of future land uses called the City Structure Plan. The specific terminology on the City Structure Plan map is slightly different from the Harmony Corridor Plan, but the meaning of the designations is consistent. City Plan provides the policy guidance for land use in the south half of the subject area. The City Structure Plan shows a designation of Rural Lands, to which the requested zoning corresponds. FINANCIAL / ECONOMIC IMPACTS Staff finds no direct financial or economic impacts resulting from the requested rezoning. The rezoning would implement the Harmony Corridor Plan and City Plan, which both reflect community consideration of economic issues as part of balanced comprehensive planning. ENVIRONMENTAL IMPACTS The physical environment will not be directly impacted by the requested rezoning. Rezoning will enable ensuing submittal of development applications, and development plans are required to comply with Land Use Code standards for development, including Environmental and Natural Area Protection standards to address potential environmental impacts. BOARD / COMMISSION RECOMMENDATION On May 8, 2014, the Planning and Zoning Board voted unanimously to support a recommendation to City Council to approve the proposed rezoning. The recommendation was part of the Planning and Zoning Board Consent Calendar and was not discussed. PUBLIC OUTREACH No neighborhood meeting was required for this rezoning. No known controversy or neighborhood impacts are involved with the rezoning. Any subsequent development applications are required to comply with Land Use Code standards for public involvement in development review. ATTACHMENTS 1. Vicinity Map (PDF) 2. Harmony Corridor Plan Map (PDF) 3. Structure Plan Map (PDF) 4. Proposed Zoning Map (PDF) 5. Existing T Zoning Map (PDF) - 1 - ORDINANCE NO. 095, 2014 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 HARMONY/I-25 REZONING WHEREAS, Division 1.3 of the Land Use Code of the City establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the rezoning of the property that is the subject of this Ordinance, and has determined that said property should be rezoned as hereafter provided; and WHEREAS, the City 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 City Council has also analyzed the proposed rezoning against the consideration 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 of the City be, and the same hereby is, amended by changing the zoning classification from Transition (“T”) Zone District to Harmony Corridor (“H-C”) and Rural Lands (“R-U-L”) zone districts for the following described properties in the City known as the Harmony/I-25 Rezoning: Property to be Rezoned to the Harmony Corridor Zone District: A PARCEL OF LAND LOCATED IN NORTHWEST QUARTER SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; IN THE CITY OF FORT COLLINS, AND LARIMER COUNTY, COLORADO; BEING A PORTION OF THE RIVERWALK ANNEXATION, AS RECORDED AT THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, FROM WHENCE THE NORTH QUARTER (1/4) CORNER OF SECTION 3 BEARS N 89°29'55” E A DISTANCE OF 2640.37 FEET ON THE NORTH LINE OF SAID SECTION 3; AND CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO; - 2 - THENCE ON THE WEST LINE OF SAID SECTION 3 S0144'18”E A DISTANCE OF 2649.34 FEET TO THE WEST QUARTER (1/4) CORNER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST, IN THE RIGHT OF WAY OF STRAUSS CABIN ROAD, AND THE POINT OF BEGINNING; THENCE S 87°52'12" E A DISTANCE OF 2388.22 FEET; THENCE N 2°02'35" W A DISTANCE OF 61.06 FEET; THENCE N 2°02'35" W A DISTANCE OF 1172.05 FEET; THENCE N 2°02'35" W A DISTANCE OF 613.34 FEET; THENCE N 24°15'59" W A DISTANCE OF 793.35 FEET; THENCE N 56°56'01" W A DISTANCE OF 82.86 FEET; THENCE N 89°36'28" W A DISTANCE OF 265.38 FEET; THENCE S 0°30'05" W A DISTANCE OF 80.15 FEET; THENCE S 0°30'05" W A DISTANCE OF 93.75 FEET; THENCE N 89°29'55" W A DISTANCE OF 200.00 FEET; THENCE N 0°30'05" E A DISTANCE OF 5.00 FEET; THENCE N 89°29'55" W A DISTANCE OF 25.40 FEET; THENCE NORTH A DISTANCE OF 227.62 FEET; THENCE N 83°44'43" W A DISTANCE OF 156.80 FEET; THENCE N 83°57'55" W A DISTANCE OF 29.18 FEET; THENCE S 72°49'06" W A DISTANCE OF 56.60 FEET; THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 32.81 FEET, A CENTRAL ANGLE OF 24°18'57", AN ARC LENGTH OF 13.92 FEET, AND A CHORD THAT BEARS S 60°39'40" W A DISTANCE OF 13.82 FEET; THENCE S 48°30'14" W A DISTANCE OF 98.38 FEET; THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 51°11'22", AN ARC LENGTH OF 82.97 FEET, AND A CHORD THAT BEARS S 74°05'55" W A DISTANCE OF 80.24 FEET; THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 77°31'59", AN ARC LENGTH OF 125.67 FEET, AND A CHORD THAT BEARS N 41°32'24" W A DISTANCE OF 116.30 FEET; THENCE N 84°57'34" W A DISTANCE OF 86.41 FEET; THENCE N 89°18'55" W A DISTANCE OF 245.96 FEET; THENCE N 89°47'25" W A DISTANCE OF 670.81 FEET; THENCE N 1°44'18" W A DISTANCE OF 20.01 FEET; THENCE N 89°47'25" W A DISTANCE OF 30.01 FEET; THENCE S 1°44'18" E A DISTANCE OF 2618.34 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 138.55 ACRES (6,035,140 SQUARE FEET) MORE OR LESS. Property to be Rezoned to the Rural Lands Zone District: A PARCEL OF LAND LOCATED IN SOUTHWEST QUARTER SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; IN THE CITY OF - 3 - FORT COLLINS, AND LARIMER COUNTY, COLORADO; BEING A PORTION OF THE RIVERWALK ANNEXATION, AS RECORDED AT THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, FROM WHENCE THE NORTH QUARTER (1/4) CORNER OF SECTION 3 BEARS N 89°29'55” E A DISTANCE OF 2640.37 FEET ON THE NORTH LINE OF SAID SECTION 3; AND CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO; THENCE ON THE WEST LINE OF SAID SECTION 3 S0144'18”E A DISTANCE OF 2649.34 FEET TO THE WEST QUARTER (1/4) CORNER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST, IN THE RIGHT OF WAY OF STRAUSS CABIN ROAD, AND THE POINT OF BEGINNING; THENCE S 87°52'12" E A DISTANCE OF 2388.22 FEET; THENCE S 2°02'35" E A DISTANCE OF 2339.03 FEET; THENCE ALONG THE ARC OF A CURVE, CONVEX TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 0°41'19", AN ARC LENGTH OF 135.77 FEET, AND A CHORD THAT BEARS S 01°43'13" E A DISTANCE OF 135.77 FEET; THENCE S 84°55'54" W A DISTANCE OF 574.58 FEET; THENCE S 0°55'24" W A DISTANCE OF 30.00 FEET; THENCE N 89°04'36" W A DISTANCE OF 1274.18 FEET; THENCE N 9°16'32" W A DISTANCE OF 324.41 FEET; THENCE N 1°46'32" W A DISTANCE OF 289.41 FEET; THENCE N 32°46'32" W A DISTANCE OF 144.50 FEET; THENCE N 23°39'02" W A DISTANCE OF 631.96 FEET; THENCE N 1°50'02" E A DISTANCE OF 208.47 FEET; THENCE N 17°13'48" W A DISTANCE OF 746.06 FEET; THENCE N 46°09'32" W A DISTANCE OF 10.66 FEET; THENCE N 1°49'14" W A DISTANCE OF 384.29 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 125.91 ACRES (5,484,422 SQUARE FEET) MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City is hereby changed and amended by showing that the above-described property to be rezoned into the Harmony Corridor zone district is not included in the Residential Neighborhood Sign District, and that the property to be rezoned into the Rural Lands zone district is included in the Residential Neighborhood Sign District. Section 3. That the City Engineer is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. - 4 - Introduced, considered favorably on first reading, and ordered published this 1st day of July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk