HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/15/2008 - SECOND READING OF ORDINANCE NO. 146, 2007, AMENDIN ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: January 15, 2008
FORT COLLINS CITY COUNCIL STAFF: Pete Wray
SUBJECT
Second Reading of Ordinance No. 146,2007,Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property Known as the East Skyway
Rezoning.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
The land along Skyway Drive, east of College Avenue,was annexed into the City as part of Phase
I of the Southwest Enclave Annexation in April 2007, under a Structure Plan designation of Urban
Estate (U-E). The original intent of designating U-E for these properties was to acknowledge the
existing large-lot County parcels zoned Farming in the County;U-E is the City's zoning that is most
similar to the County's zoning.
Staff has since considered the situation along this part of East Skyway in much more detail, in
extensive discussions with owners, neighbors, and the County. These discussions have been
prompted by issues related to an existing business at 209 East Skyway and by the recent annexation
process in 2007. Staff finds that the properties along Skyway do not reflect the character of the
Farming or Urban Estate designations,but bear closer resemblance to both the commercial uses in
the area and the existing residential neighborhood (which is more dense than Urban Estate) to the
north and east. This Ordinance, unanimously adopted on First Reading on December 18, 2007,
rezones the property located at 209 East Skyway to a combination of Commercial on the west 2/3
of the property and Low Density Residential on the east 1/3 of the property. It also rezones 225 East
Skyway Drive to Low Density Mixed-Use Neighborhood and the City-owned parcel east of Claire
Court to the Open Lands, Parks and Stream Corridor designation.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- December 18, 2007.
ATTACHMENT 1
ITEM NUMBER: 29 A-B
AGENDA ITEM SUMMARY DATE: December18, 2007
FORT COLLINS CITY COUNCIL OTAFF: Pete Wray
SUBJECT e
Items Relating to the East Skyway Rezoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
On October 18, 2007, the Planning and Zoning Board voted (5-0) to recommend Council not
approve the East Skyway Rezoning, with an added comment to consider this request as part of
the South College Corridor Plan effort.
EXECUTIVE SUMMARY C n -P
A. Resolution 2007-107 Amending the City's Structure Plan Map Pertaining to Land along
Skyway Drive East of College Avenue.
B. Hearing and First Reading of Ordinance No. 146, 2007, Amending the Zoning Map of
the City of Fort Collins by Changing the Zoning Classification for that Certain Property
Known as the East Skyway Rezoning.
This area was annexed into the City as part of Phase I of the Southwest Enclave Annexation in
April, 2007, under a Structure Plan designation of Urban Estate (U-E). The original intent of
designating U-E for these properties was to acknowledge the existing large-lot County parcels
zoned Farming in the County; U-E is the City's zoning that is most similar to the County's
zoning.
Staff has since considered thCan
n hi st° ay in much more detail, in
extensive discussions with oe' bors C These discussions have been
prompted by issues relatedi 'ng b i ss at 20 East Skyway and by the recent
annexation process in 2007. n t roperti ong Skyway do not reflect the
character of the Farming or Urban Estate designations, but bear closer resemblance to both the
commercial uses in the area and the existing residential neighborhood (which is more dense than
Urban Estate) to the north and east.
As a result of the long history of discussions centering on 209 East Skyway, staff is
recommending Council consider these changes now, rather than delay a decision further and
December 18, 2007 -2- Item No. 29 A-B
include this item as part of the South College Corridor Plan process (Planning and Zoning Board
recommendation), anticipated to be completed at the end of 2008.
BACKGROUND
The City of Fort Collins Struc e, ent wil hange the existing Structure Plan
designation for two properties located at 209 and 225 on East Skyway Drive, Claire Court, one
property on Clair Court, and a City owned parcel. The first property (209 East Skyway) is a
proposed/recommended change from Urban Estate to a combination of Commercial and Low
Density Mixed Use Neighborhood. The second property (225 East Skyway) will change from
Urban Estate to Low Density Mixed-Use Neighborhood. Claire Court, a cul-de-sac which
extends south off of Skyway Drive, will change from Urban Estate to Low Density Mixed Use
Neighborhood. The City owned parcel east of Claire Court will change from Urban Estate to
Open Lands, Parks and Stream Corridor designation.
The corresponding proposed/recommended rezoning changes are as follows:
(1) The first property is located at 209 East Skyway Drive. Existing zoning is
Urban Estate. Proposed zoning is a combination of Commercial on the
west 2/3 of the t wLay
i sid"atial on the east 1/3 of
the property.
(2) The second pro t D e, abuts the first property
on the east, with existing zoning of Urban Estate. The proposed zoning is
a combination of Low Density Residential on the northern 1/3 of the
property and retention of Urban Estate on the remaining southern 2/3 of
the property. No such zoning amendment is needed for Claire Court, with
an existing zoning of Low Density Residential.
(3) The third property is adjacent and east of Claire Court and is City-owned
(part of Prairie Dog Meadow) with an existing zoning of Low Density
Residential. The proposed zoning is Public Open Lands, representing a
housekeeping action.
Site Description
The site consists of two propert� ate W. st. yway Drive, as well as Claire
Court with its 9 fronting hous Th o pr e s on ay were recently annexed and
zoned Urban Estate to matc the Co ty's n rn Ap 2007 in Phase I of Southwest
Annexation. Claire Court wa y C' L' its. Th rst property at 209 East Skyway
Drive, is 3.6 acres and includes a single-family detached home with a home occupation business
and separate metal warehouse used for personal storage. The existing business is a small engine
repair operation.
The second property located at 225 East Skyway Drive, is 4.8 acres and includes an existing
private Montessori School with a horse pasture extending behind the school.
December 18, 2007 -3- Item No. 29 A-B
Claire Court includes 9 parcels. The City-owned property east of Claire Court is a vacant parcel
of 1.5 acres.
The surrounding land uses/zoning are as follows:
N: R-L; Existing sing family tache e ial Acres Subdivision)
S: U-E; Existing vac lotsE: P-O-L; City Natural rain )
W: C; Existing commercial businesses (South College Ave corridor)
Structure Plan Amendment
The City Structure Plan, a part of the City's Comprehensive Plan (City Plan), is a map that sets
forth a basic framework which shows how Fort Collins should grow and evolve over the next 20
years. City Plan allows for amendments through a Minor Amendment process as outlined in
Appendix C. The two review criteria are:
A. The City Plan and/or any related element thereof is in need of the proposed amendment;
and
B. The proposed plan amendment will promote the public welfare and will be consistent
with the vision, goals, p ' s ici' lat and the elements thereof.
This area was annexed into t City as art o h e I of th outhwest Enclave Annexation in
April, 2007, under a Structure deli ' n rban to (U-E). The original intent of
designating U-E for these properties was to acknowledge and match as closely as possible the
existing large-lot County parcels zoned Fanning in the County; U-E being similar to the
County's zoning.
Staff has since considered the situation along this part of East Skyway in much more detail, in
extensive discussions with owners, neighbors, and the County over several years. These
discussions have been prompted by issues related to an existing business at 209 East Skyway,
and also by the recent annexation process in 2007. Staff finds that the properties along Skyway
do not reflect the character of the Fanning or Urban Estate designations, but are more in
character with both the commercial uses in the area, and the existing residential neighborhood to
the north and east. At 209 East Skyway, staff is recommending a Commercial designation on the
west 2/3 of the property, with a designation of Low Density Residential on the east 1/3 of the
property to provide a transition to the neighborhood(Attachments 1 and 2).
This proposed Commercial d ignatio 's th u t Yeofthe proposed changes. Itreflects the transitional, mixe haracte f th a Uk facility in the KelmazStrip
commercial comdor is abutting we a s' ofily homes are across Skyway;
a Montessori school is abutting to the east; and two vacant 3-acre lots abut the property to the
south. These two vacant lots appear to be candidates for future rezoning, but will be considered
as part of the upcoming South College Corridor Plan process because the issues have not been
considered as thoroughly as at 209 and 225 East Skyway. South and southeast of the two vacant
lots, land uses include a permanent City Natural Area, Humane Society headquarters, City bus
facility, and a range of"city-edge" residential lots ranging from about 1/4 acre to over an acre in
the Lynn Acres County subdivision, all well within view of the subject property.
December 18, 2007 -4- Item No. 29 A-B
The existing small business on the subject property and any future new commercial uses on the
subject property can form a transition from existing U-Haul and other commercial uses adjacent
to the west, now and in the future. Further commercial changes to the subject property appear
likely and would both trigger improvements (e.g., landscaping, sidewalk, and changes to the
existing6-foot chain link fen eynpk
dev� pment standards, and would
improve the street frontage an ear e ay.The changes involving LowD 't Rech substantive. The Low Density
Residential designation for the remaining eastern portion of 209 and northern portion of 225 East
Skyway is more appropriate than the current Urban Estate based on existing development and
density of houses and the school. It also provides a more logical land use pattern with a
transition in intensity from College Avenue eastward.
A cul-de-sac of houses called Claire Court, abutting 225 East Skyway, is also included in the
recommended Low Density Residential designation because it simply fits that designation rather
than its current UE designation (which allows a maximum of two dwelling units per acre). Staff
considers the Low Density Residential portion of the proposed changes to be minor editing of
the Structure Plan map, to create a more logical and orderly land use pattern along Skyway and
fitting existing development to the right designation.
A final proposed amendment includes the property adjacent to and east of Claire Court, a City
owned parcel which is part of r on ' 2003 (Prairie Dog Meadow).
The existing land use design n is an Es to a osed designation is Open Lands,
Parks and Stream Corridors.
r`
Request for C and R-L Zoning—Section 2.9.4(H)
Staff is recommending that the Plan Amendment be approved and Commercial (C), Low Density
Residential (R-L), and Public Open Lands (POL) zoning be implemented as a related action.
The request to rezone the two parcels from U-E to C and R-L, and one parcel from U-E to POL
(Attachments 3 and 4). This change is considered quasi-judicial (versus legislative) since the
parcels are less than 640 acres. There are five standards that may be used in evaluating a request
for a quasi-judicial rezoning. These standards, and how the request complies, are summarized
below:
1. Mandatory requirements:
A. Any amendment to the Zoning Map shall be recommended for approval only if the
proposed amendCa�
oQ
P� distnyctson
prehensive Plan:
The request for the C, istent with the CityStructure
Plan as amended in thrcial zoning change would be
compatible with the existing commercial to the west along the Kelmar Strip and the other
mixed-uses in the area, provide a transition between the College Avenue commercial and
residential use to the east, and provide a transition between the College Avenue Kelmar
Strip commercial and residential use to the east.
The change from Urban Estate to Low Density Residential is more compatible with the
existing residential neighborhood to the north and east. The change from Low Density
December 18, 2007 -5- Item No. 29 A-B
Residential to Public Open Lands is compatible with the existing residential
neighborhood to the west and north and existing open lands owned by the City.
B. Any amendment to the Zoning Map shall be recommended for approval only if the
proposed amend(clu:ding
a ions within the neighborhood
surrounding anda)e11?esuY1tat
Changed conditions in has developed on and around
these two parcels since the time of County Zoning of FA- Farming in the early 1960's.
The area now reflects a more "mixed urban fringe" character than farming or rural
residential character. Staff finds that a change to Commercial zoning on part of 209 East
Skyway is warranted given the situation on the 3.6-acre property and the mix of uses in
the area. The proposed Low Density Residential is appropriate to reflect the residential
and school development which has occurred along East Skyway.
The City-owned property purchased in 2003 warranted a map change then, but was
missed at the time. This rezoning represents a house keeping action to update the zoning
map based on previous decisions.
2. Additional, Optional Considerations:
C. Whether and the (3nflyct
endment is compatible with
existing and pro sed usland, and is the appropriate
zone district fort land.
As stated above, staff has determined that the current Urban Estate is not the most
appropriate zoning in between existing commercial and low density residential uses.
Staff finds the proposed amendment for 209 East Skyway to be compatible with the
existing commercial area to the west, the existing residential to the north, and the various
uses that make up a mixed character to the south and east. The change to 225 East
Skyway would better reflect the existing residential character across the street to the
north and east.
D. 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, storm water management, wildlife, vegetation, wetlands and
the natural functioning of the environment.
Staff finds no adverseCronm tal iE. Whether and the w he posed ndment would result in a logical
and orderly development pattern.
The proposed amendment results in a logical and orderly development pattern by
allowing a modest, transitional amount of additional commercial use on a portion of 209
East Skyway adjacent to existing commercial use to the west and north of the property.
The change from U-E to R-L simply reflects the existing residential development on and
around the subject properties. This is essentially a "house keeping" change to create a
December 18, 2007 -6- Item No. 29 A-B
more logical and orderly pattern than the current pattern, which includes U-E on
properties, that better fit the R-L designation. The R-L clearly fits the existing residential
uses and any potential future residential development that could occur on the east part of
209 East Skyway. The initial zoning of U-E as part of the South College enclave
annexation and zoning os fl t xi ' g uses, but based on farther
review by staff, a reco enda to c t o sity Residential zoning provides
a more logical and or ly deve me ern and t sition to surrounding uses in the
area.
Neighborhood Meeting Summary
A neighborhood meeting was held on August 30, 2007. A more detailed summary is attached.
The number of property owners in attendance was six. The following main points are as
follows:
• Of the six property owners in attendance, five supported the proposed plan
amendment and rezoning. A general response included support for the
existing small engine repair business and other planned commercial uses
requested by the owner of 209 East Skyway and changes to 225 East
Skyway.
• One owner did n o r dment and rezoning.
The comments ocused on Ya
ousCountydecisions,
compatibility co rns, age ositio to commercial zoning for
this location.
FINDINGS OF FACT/CONCLUSION:
In evaluating the request for a Structure Plan Amendment and rezoning, staff makes the
following findings of fact:
A. The proposed amendment meets the criteria outlined in Appendix C of City Plan through
a Minor Amendment process including a need for the change and promoting the public
welfare, and will be consistent with the vision, goals, principles and policies of City Plan.
B. The proposed rezoning is consistent with City Plan and more specifically the City
Structure Plan Map, since the two actions are being done as a unified package.
C. The proposed rezoniCd
d t w' existing and proposed uses
surrounding the subjec the e z istrictforthe land.
D. The proposed rezoningme ul t resul significantly adverse impacts on
the natural environment.
E. The proposed amendment would result in a logical and orderly development pattern.
RECOMMENDATION
Staff recommends approval of the East Skyway Plan Amendment and Rezoning.
December 18, 2007 -7- Item No. 29 A-B
On October 18, 2007, the Planning and Zoning Board voted (5-0) to recommend Council not
approve the East Skyway Plan Amendment and Rezoning, with an added comment to consider
this request as part of the South College Corridor Plan effort. The rationale for this
recommendation is based on looking at the larger context of adjoining properties and if there is
any other changes warranted wi do mycorridor planning process.
ATTACHMENTS
1. Structure Plan Amendment—Existing Structure Plan
2. Structure Plan Amendment—Proposed Structure Plan Map
3. East Skyway Rezoning—Existing Zoning Map
4. East Skyway Rezoning—Proposed Zoning Map
5. Neighborhood Meeting Summary of Comments
6. Planning and Zoning Board Minutes, October 18, 2007
7. Powerpoint presentation
COPY
COPY
ORDINANCE NO. 146, 2007
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 SKYWAY 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:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification of Parcel I from Urban Estate("UE")Zone District,
to"C"Commercial Zone District, Parcel 2 from Urban Estate("UE")Zone District to Low Density
Residential("RL") Zone District, Parcel 3 from Urban Estate("UE") Zone District to Low Density
Residential ("RL") Zone District and Parcel 4 from Low Density Residential ("RL") Zone District
to Public Open Land("POL")Zone District for the following described property in the City known
as the East Skyway Rezoning:
Parcel I
A Tract of land located in the Southwest quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian,City of Fort Collins,Larimer County,
Colorado, being more particularly described as follows;
Lot 1,Block 1,excepting the East 120.00 feet(measured at right angle to and parallel
with the east line) thereof, of the Plat of Lynn Acres, a Plat of record with the Clerk
and Recorder of the said Larimer County. Together with the southerly 40.00 feet of
Skyway Drive adjoining the said portion of Lot 1, Block 1. Containing 2.849 acres
more or less.
Parcel 2
A Tract of land located in the Southwest quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian,City of Fort Collins,Larimer County,
Colorado, being more particularly described as follows;
The East 120.00 feet(measured at right angle to and parallel with the east line)of Lot
1, Block l of the Plat of Lynn Acres, a Plat of record with the Clerk and Recorder of
the said Latimer County. Together with the southerly 40.00 feet of Skyway Drive
adjoining the said portion of Lot 1, Block 1. Containing 1.150 acres more or less.
Parcel 3
A Tract of land located in the Southwest quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian,City of Fort Collins, Larimer County,
Colorado, being more particularly described as follows;
The North 377.40 feet(measured at right angle to and parallel with the north line)of
Lot 4, Block I of the Plat of Lynn Acres,a Plat of record with the Clerk and Recorder
of the said Larimer County.Together with the southerly 40.00 feet of Skyway Drive
adjoining the said portion of Lot 4, Block 1. Containing 1.917 acres more or less.
Parcel 4
A Tract of land located in the Southwest quarter of Section 12, Township 6 North,
Range 69 West ofthe Sixth Principal Meridian,City of Fort Collins, Larimer County,
Colorado, being more particularly described as follows;
Tract A of the Plat of Huntington Hills West Subdivision, a Plat of record with the
Clerk and Recorder of the said Larimer County, together with the westerly half of
Kent Avenue adjoining the said Tract A. Containing 1.80 acres more or less.
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
properties are included in the Residential Neighborhood Sign District.
Section 3. 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 18th day of
December, A.D. 2007, and to be presented for final passage on th day of January, A. . 2008.
Mayo
ATTEST:
14�L�L :W� �—
City Clerk
Passed and adopted on final reading on the 15th day of January, A.D. 2008.
Mayor
ATTEST:
City Clerk
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