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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2001 - FIRST READING OF ORDINANCE NO. 92, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 27 DATE: June 5,2001 FORT COLLINS CITY COUNCIL FROM: Brian Grubb SUBJECT: First Reading of Ordinance No. 92, 2001, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Timberline Lane Rezoning From UE (Urban Estate)to HC (Harmony Corridor). RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. On March 15, 2001, the Planning and Zoning Board voted 4-1 to recommend denial of the rezoning request. EXECUTIVE SUMMARY: The parcel consists of approximately .75t acres located south and adjacent to Timberline Lane, and west and adjacent to Timberline Road. The site contains one mobile home with a detached garage. Staff has recommended approval on the basis that the request generally complies with the comprehensive plan (City Plan); the City Structure Plan, an element of the City's comprehensive plan; and, the Harmony Corridor Plan. Consistency with the comprehensive plan is legally sufficient for approval of the request; however, the Planning and Zoning Board found that the request does not satisfactorily address all of the additional considerations contained in Section 2.9.4(H)(3) of the Land Use Code. The Board determined that the request is not warranted by changed conditions within the neighborhood surrounding and including the subject property, and the proposed zone change is not compatible with existing and proposed land uses. On May 1, this item was postponed to this date and time at the request of the petitioner, J.D. Padilla. ORDINANCE NO. 92, 2001 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 TIMBERLINE LANE REZONING FROM UE (URBAN ESTATE)TO HC (HARMONY CORRIDOR) 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 be, and the same hereby is, amended by changing the zoning classification from "UE," Urban Estate Zone District,to"HC",Harmony Corridor Zone District,for the following described property in the City known as the Timberline Lane Rezoning: A TRACT OF LAND SITUATE N THE SE 1/4 OF SECTION 31, TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,WHICH,CONSIDERING THE EAST LINE OF SAID SE 1/4 AS BEARING N 00 DEGREES 12' W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS N 00 DEGREES 12' W, 162.00 FEET FROM THE SE CORNER OF SAID SE 1/4; THENCE N 00 DEGREES IT W, 200.00 FEET; THENCE WEST 197 FEET; THENCE SOUTH 232.00 FEET; THENCE EAST 77.47 FEET; THENCE N 70 DEGREES 3730" E, 96.46 FEET; THENCE EAST 30.00 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. 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 5th day of June, A.D. 2001, and to be presented for final passage on the 19th day of June, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of June, A.D. 2001. Mayor ATTEST: City Clerk L UE Harmony Rd. ti cr HC d c d E H VICINITY MAP 04/05/01 2021 Timberline Lane Rezone " 1"=300' CITY OF FORT COLLINS REZONING PETITION Petitioner: JD Padilla 3600 South College Ave, Suite 201 Fort Collins, Colorado 80525 Owner: Michael L. Rein USAG Capital & Leasing, Inc. 706 Colony Court 3600 South College Ave, Suite 201 Fort Collins, Colorado 80526 Fort Collins, Colorado 80525 Contact: JD Padilla To the City Council of the City of Fort Collins, Colorado: We, the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereafter described parcel, containing 0.75 acres, more or less, from Urban Estate (U- E) zoning district to Harmony Corridor (H-C) zoning district. Legal Description (See attached ALTA Legal) Reason for Request (See attached Rezoning Petition Attachment) Affected Property Owners (See attached APO list, it includes all names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezoning) EwnwEcr.�su�rw, w �coocs,bml. .00c 1 Rezoning Petition for JD Padilla Respectf ly Su m' ed� State Colorado) 1 ss. County of Larimer) The forgoing instrument was acknowledged before me this doh day of January, 2001. By /Yl;ahaL[ .Qe for the purpose set forth. >- :z My commission expires - ` �.. �G•e f 9p••0........ Q (/C�ticd Q• � OF co`oP (fyrs vroC^� Notary Public (� MyCommissbnEKpires02Po1f1004 evnaecrw�eauumu,nw•mwrxinxs,m:aMxi.00c 2 Rezoning Petition for JD Padilla TIMBERLINE LANE REZONING Rezoning Petition Attachment 2021 Timberline Lane, Fort Collins, CO 80525 January 11, 2001 Owners having a legal/equitable interest in the property Michael L. Rein 706 Colony Court Fort Collins, Colorado 80526 USAG Capital and Leasing, Inc. Contact: JD Padilla 3600 South College Ave, Suite 201 Fort Collins, Colorado 80525 Zoning Justification The proposed request is to petition rezoning for the property located at 2021 Timberline Lane, Fort Collins, Colorado 80525. The property is currently zoned Urban Estate (U-E). The proposed zoning shall be Harmony Corridor (H-C), see the attached legal description and map of area to be rezoned. City of Fort Collins Land Use Code Requirements Division 2.8.4.1-1 Text and Map Amendment Review Procedures (Standards): 1 . Text Amendments and Legislative Rezonings. — Not applicable, property is less than 640 acres. 2. Mandatory Requirements for Quasi-Judicial Rezonings. a) consistent with the City's Comprehensive Plan— The proposed Zoning District of H-C is consistent with the City of Fort Collins Structure Plan. The project will have strict design standards and guidelines to assure a unified development that will contribute positively to the surrounding neighborhoods, City Plan Policy LU-2.2 Urban Design. �vnniecrrntsu++w,z�,aawaaomc 3 Rezoning Petition for JD Padilla ITEM NO. 18 MEETING DATE 3/15/01 STAFF Brian Gr,-tip_ City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT REQUEST: 2021 Timberline Lane Rezoning, #3-01 APPLICANT: JD Padilla 3600 South College Avenue, Suite 201 Fort Collins, CO 80525 OWNER(S): Michael Rein 706 Colony Court Fort Collins, Colorado 80526 PROJECT DESCRIPTION: This is a recommendation to City Council on a request to rezone a .75± acre parcel located at 2021 Timberline Lane from UE (Urban Estate) to HC (Harmony Corridor). The parcel is generally located West of and adjacent to Timberline Road, South of and adjacent to Timberline Lane and approximately 150 feet north of Harmony Road. EXECUTIVE SUMMARY: On January 18, 2001 the applicant submitted a petition to rezone the subject area from UE to HC. Staff has reviewed the request and determined that the proposed rezoning is in compliance with the City Structure Plan and the criteria for approval contained in Section 2.9.4 STAFF RECOMMENDATION: Approval COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. PO.Box 580 Fort Collins,CO 80522-0580 (970)21-1-6750 PLANNING DEPARTMENT 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 2 COMMENTS: 1. Background Surrounding Zoning and Existing Land Use Existing Land Use Existing Zoning North Single Family Home Urban Estate East "Urban Estate" Harmony Corridor Residential South Harmony Gas Station Harmony Corridor West Single Family Urban Estate 2. Existing Conditions A mobile home and a detached 2-car garage occupy the site. The site is generally flat. There is no curb, gutter or sidewalk along Timberline Road or Timberline Lane. The property does not have direct access to Timberline Road at-this time. Future access will continue to be from Timberline Lane. Improvements to Timberline Lane and Timberline Road will likely be necessary at the time of development. Additional right-of-way for Timberline Road may also be necessary at the time of platting and/or development. The site is bordered by an irrigation ditch to the south and the "Harmony Road Gas Station". The vacant gas station is a structure with historic value that is currently being considered for relocation. 3. Structure Plan Compliance 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 "Employment District' The proposed rezoning to HC is in compliance with the City Structure Plan (See Attached Map). The Structure Plan shows the dividing line between "Employment" and "Urban Estate" ad being approximately the north property line of the lots north and adjacent to Timberline Lane. Boundaries depicted on the Structure Plan are not "hard" lines. The map itself is considered a 'coarse" representation. There is discretion as to the exact divisions between land uses. This discretion is typically exercised at the time of specific land use requests such as the present application. 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 3 4. Harmony Corridor Plan Compliance The site is located within the Harmony Corridor Planning Area. The Harmony Corridor Plan states that "The intent of the land use plan and map is to provide for an orderly, efficient and attractive transition of vacant rural land to urban use: and to: (0 Preserve and protect existing residential neighborhoods from intrusive or disruptive development. The Harmony Corridor Plan map shows the dividing line between existing residential uses and the "Basic Industrial and Non-retail Activity Center' as being Timberline Lane (See Attached Map). This is in contrast to the City Structure Plan that shows the dividing line being approximately the north property line of the lots north and adjacent to Timberline Lane. On its face, it would appear that the proposed rezoning meets the requirements of the Harmony Corridor Plan; however, staff has concerns about the preservation and protection of the existing neighborhood. At this level of review, staff cannot determine if redevelopment of this site will be intrusive on the existing neighborhood. 5. Neighborhood Meeting At the neighborhood meeting (See Attached Minutes), several property owners expressed concern about the rezoning request. Some owners were uneasy about the future of their neighborhood. Others stated that the City is not following through on verbal commitments that were made at the time of annexation in 1989. They supported the annexation because they thought their neighborhood would be retained in its present character. Some neighbors view any encroach ment/redevelopment as unacceptable. 6. Standards — Section 2.9.4 (H) The request to rezone is considered quasi-judicial since the parcel is less than 640 acres. There are two standards that must be used to evaluate a request for a quasi- judicial rezoning. These standards and an explanation of how the request complies are summarized below: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As mentioned, the parcel is designated as "Employment District" on the City Structure Plan. This designation matches the proposed HC zone district. The more specific 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 4 Harmony Corridor Plan designates the property as a "Basic Industrial and Non-Retail Activity Center„. Based upon review of the maps only, staff concludes that the proposed zoning is in conformance with City Plan. Other criteria contained in the text of City Plan include the following: Community Goal. Fort Collins will be a city of cohesive, distinct, diverse, attractive, and safe neighborhoods. This section of City Plan goes on to say that "existing residential neighborhoods will be protected against development that is incompatible with community goals and needs. Infill and redevelopment will build on the unique and positive qualities of the neighborhood in dynamic and creative ways which respect the character of the neighborhood." It is the opinion of staff that these City Plan goals can be met through sensitive design; however, one could also reasonably conclude that the mere encroachment of employment uses will violate the intent of this goal. B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. The subject site is part of an old low-density County subdivision. The area around the site has developed and become urbanized in recent years, although the neighborhood remains largely intact. This change in conditions warrants the consideration of a change in zoning to HC. The following three criteria may be used by the Planning and Zoning Board and City Council to make a decision. C. 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. This is an area that is in transition. The proposed HC zoning may not be compatible with the residential uses to the north and west; however, the site is surrounded on the east and south by other HC properties. HC zoning is appropriate for the site based upon adjacent zoning and development trends in the area. Compatibility issues relative to the existing single family development can be further addressed at the PDP stage. 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 5 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, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The proposed HC zoning would not have any adverse impact on the function of the environment. There are no significant natural areas on the site as it has been used for residential purposes for many years. Drainage into the existing ditch, resulting from re- development would require on-site detention for water quality purposes. Staff finds that this criterion is, or will be satisfied. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. It is difficult to determine at this stage if this request will result in a logical and orderly development pattern. Staff would prefer to see a more comprehensive approach to redevelopment of this area; however, an incremental and contiguous approach is acceptable. FINDINGS OF FACT/CONCLUSION: In evaluating the request for Amendment to the Zoning Map for 2021 Timberline Lane from LIE to HC, Staff makes the following findings of fact: A. The proposal is in conformance with the City Plan Structure Map and generally in conformance with the goals and policies of City Plan. B. The proposal is in general conformance with the Harmony Corridor Plan Land Use Map and generally in conformance with the goals and policies of the document. C. The request to rezone generally satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. RECOMMENDATION: Staff recommends approval of the request to amend the zoning map from LIE to HC for a .75 acre lot located at 2021 Timberline Lane; File # 3-01. Commu 9 Planning and Environmental vices Current Planning tmjint.�� of Fort Collins MEMORANDUM TO: Planning and Zoning Board FROM: Brian Grubb, City Planner SUBJECT: 2021 Timberline Lane Rezone, File # 3-01 Definition of"Neighborhood" DATE: March 12, 2001 SUMMARY: For the purpose of considering this zoning map amendment, the "neighborhood" can be defined as the area north of Harmony Road, west of Timberline Road, east of the railroad tracks, and north to a line where contiguous parcels no longer have common and distinguishing characteristics. BACKGROUND: At the worksession on Friday March gt", the Board requested clarification regarding the definition of a "Neighborhood" in the context of the following criteria for approval for zoning map amendments: .' Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. As you recall, the Land Use Code does not define neighborhood; however, the Code lists 4 other sources for definitions that may be used at the discretion of the Director. Three sources are quoted below. The Planner's Advisory Service Report 421 does not define neighborhood and therefore is not listed. Black's Law Dictionary: The immediate vicinity; the area near or next to a specified place. 2. People living in a particular vicinity, usu. forming a community 281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970) 221-6750 • FAX (970)416-2020 within a larger group and having similar economic statuses and social interests. _ 3. The condition of being close together. The New Illustrated Book of Development Definitions: An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers. Webster's Third New International Dictionary: 1. Neighborly relationship. 2. The quality or state of being neighbors: PROXIMITY 3. A place or region near: VICINITY. 4. a. The people living near one another. b. A section lived in by neighbors and usually having distinguishing characteristics. Special Urban Design Pot egional Potential Neigh t Service Center Opportunity -Gateway Shop Center or or Community S ng Canter Development with orientation Community Shopping Center to natural character Potential Neighborhood— Service Center 1' 1 3. =AO,M �� �' ifs• I •'•'•'•• ;•••'• '•'•' '•'•'•'•� •'_ •,•,•, ••• • • • •,• _ . 1 - ,•,•_-+ lilt tT•,•,• ,•,• • t• � • • i _ _ - • • • • •'•••' ' • '•• ••,• ,• ••' • •'• III I � J6. _ � - '1-1�_I i i i i •_�• • �� Uil � l i - . . ., Potential Neighborhood Secondary "I" ii°` Service Center Uses Without Business Park ��� .i Special Urban Design Opportunity- �\ With emphasis on Existing Regional Historical Heritage of Harmony Road Shopping Center 5tJ$l IEG"r 5rT'E Harmony Activity Centers Potential. Shopping Center Locations Outside of Activity Center Basic Industrial and Non-Retail Activity Center Neighborhood Service Center • • • Mixed Use Activity Center 9 Nei hborhood Convenience Center NORTH /\ 1500' 0' 3000' 6000' HARMONY CORRIDOR PLAN IM /Box i�oo� �1 to movi Book ►. I .. I r: os Motte ti 411 , iiiii • -. .. Neighborhood Meeting Minutes Project: 2021 Timberline Lane Meeting Location: Kruse Elementary School Date: February 21, 2001 Staff in Attendance: Brian Grubb Applicant/Representatives: Vaughn Furness, VF Ripley The meeting began at 7:05 p.m. Brian Grubb followed the standard agenda format including introductions, description of the purpose of the meeting, description of the planning process and then turned over the meeting to Vaughn Furness (representative of applicant) to describe the request. After Mr. Furness completed his presentation the meeting was opened for comments and questions by the public. Comments, Questions, Answers C= Citizen Question/Comment S= Staff Response A= Applicant Response C: I supported City Plan because of the control given to preserve the neighborhood. Now I am concerned about "piecemeal i ng" away the neighborhood. C: This rezoning and what is happening in the neighborhood may increase my property value but it doesn't do me any good. I have nowhere else to go. C: Access and traffic are major concerns. It's difficult to get in and out of Timberline Lane as it is today. Eventually it will be a right-in right-out situation only. C: I am uncomfortable because I don't have a real understanding of what the future holds. C: What are the plans for the property? A: Mr. Padilla stated that it is his intent to put a small office building on the site for his financial services company. 5: Mr. Grubb explained that we should be careful to form an opinion about the rezoning based upon what the current property owner wants to do at this point in time. The property owner's plans may change and anything that is allowed in the zone district may be put on the property in the future. C: Will the road-widening take out the tree? 5: Staff will have to research that issue and get back. C: How are they going to provide parking for a business use? 5: Parking will need to be provided on-site. C: I am really uncomfortable not knowing what is going to happen with the property. C: What is the possibility of another access to the neighborhood? 5: Staff will have to research that issue and get back.. C: I don't want to see a secondary access because then people will cut through the neighborhood to get past the intersection. Meeting was adjourned at approximately 8:15 DRAFT Planning and Zoning Board Minutes March 15, 2001 Page 9 Project: 2021 Timberline Lane Rezoning, #3-01 Project Description: Request to rezone approximately .75 acre located at 2021 Timberline lane from UE, Urban Estate, to HC, Harmony Corridor. The parcel is generally located west of and adjacent to Timberline Road, south of and adjacent to Timberline Lane and approximately 150 feet north of Harmony Road. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Member Bernth claimed a conflict of interest on this item and excused himself. Brian Grubb, City Planner gave the staff presentation. He stated that a letter that was received today from a surrounding property owner, and was being distributed for the record. He stated that the site currently has a garage and a mobile home existing, and gains access from Timberline Lane to the north. He reported that there are a variety of surrounding land uses, to the north and the west, there is low-density residential development. To the east is a Diamond Shamrock and the old Harmony School; to the south, the old Harmony Store and some small residences and businesses located along Harmony Road. Planner Grubb reviewed the site shots for the Board. He stated that there was a neighborhood meeting held and there were approximately 10 neighbors that showed up. He stated there were a variety of comments and concerns and those were included in the Board's packet. Planner Grubb reviewed the criteria for approval and stated that the proposal was in conformance with the City Plan Structure Map and was generally in conformance with the goals and policies of City Plan. The proposal is in general conformance with the Harmony Corridor Plan Land Use Map and generally in conformance with the goals and policies of the document. The request to rezone generally satisfies the applicable review criteria of Section 2.9.4(H) of the Land Use Code. Member Craig asked if the applicant is granted the HC Zone District, how would we stop other property owners in the area from requesting the same zoning and prohibit large scale development in this neighborhood. i AFT Planning and Zoning Board Minutes March 15, 2001 Page 10 Planner Grubb replied that if the Board was concerned about the number of rezoning requests we may receive in this area, we may want to go back and look at the Structure Plan Map and the Harmony Corridor Plan, and modify those documents to more accurately express what it is we want to occur there. Vaughn Furness, Jim Sell Design, representing the applicant, JD Padilla, gave the applicant's presentation. He stated that according to the Structure Plan Map this area is designated as E, Employment or HC, Harmony Corridor. He stated that his client is looking for an area for a financial institution to run his mortgage business out of. That is what this particular lot would be. He spoke about the current negotiations for the widening of Timberline and Harmony Roads and that it would significantly impact the parcel on the comer. The applicant has mentioned that through the PDP process, he would be willing to work to create a structure that would be more compatible with the neighborhood. He stated that the neighborhood should not be surprised because this area has always been identified as E, Employment or HC, Harmony Corridor. PUBLIC INPUT None. Member Craig asked if there was a staff person available that was involved when this neighborhood was annexed and given UE, Urban Estate zoning. Planner Grubb responded there was not. Staff did report that the intent was when the property was annexed, that the property would remain Urban Estate. The property was annexed in 1981, and the neighborhood wanted to stay Urban Estate and as rural. In 1995, the Harmony Corridor Plan started to show some encroachment of employment uses along Harmony Road. In 1997, the City Structure Plan Map showed further encroachment of those employment uses, while still maintaining a core of residential uses in that area. Member Craig stated that there were meetings with this neighborhood during City Plan and they were assured at that time that it would be zoned Urban Estate. That was past Harmony Corridor, 1996 and 1997, and that was the kind of information that she felt she needed. She did not want the people, that have been in a neighborhood situation, and has heard from the city that they were assured to keep their zoning, to have their zoning changed to HC. She stated that all thru the Harmony Corridor Plan it talks about not destroying existing neighborhoods. She did not want to get caught up on a purple spot, when there are other spots on the Structure Map that are the wrong color and would have to be dealt with on a case by case basis. Planning and Zoning Board Minutes March 15, 2001 Page 11 Planner Grubb stated that the Advance Planning staff did not support this application. The intent was to have this neighborhood stay Urban Estate. Staff did not agree on this recommendation, however, what came out of the Growth Management Lead Team meeting was that this was the best recommendation given the circumstances. Member Carpenter stated that she served on the Harmony Corridor Advisory Committee and also on the City Plan Advisory Committee and she did not recall this particular neighborhood. She stated that they were not looking to destroy existing neighborhoods, but to strengthen them. She was bothered by this particular piece on a residential street, especially when we go to the Structure Plan to justify it. She was not sure whether it was a mistake, but that street is clearly Urban Estate and has been for some time. She did not feel that this was something that was intended in the Harmony Corridor Plan or City Plan. Doug Moore, Natural Resources Department, reported that staff did go out and evaluate this area, and the cottonwoods have depredated to the point where this area could not be considered an isolated path for riparian forest. There are a lot of other trees that have been planted in places in the neighborhood, and we would expect that the City Forester would go out and evaluate the trees. Member Colton agreed with Member Craig and the Advance Planning Staff that the intent was Urban Estate. In his opinion, if we want to change this area, instead of doing an incremental approach, it would be better to do it like Pioneer Mobile Home Park and buy the whole thing and then come in and change it on the Structure Plan to Harmony Corridor. Member Colton recommended to City Council denial of the rezoning request for 2021 Timberline Lane. Member Colton cited that the rezoning is not warranted by changed conditions within the neighborhood surrounding and including the subject property. Also that it is not compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land. Member Craig seconded the motion. Chairperson Gavaldon commented that he agreed that the conditions in the neighborhood have not changed to justify the request. Member Colton commented that he would like to discuss going back and re-address the detail on the Structure Plan on this if it does not match and make a change to the map. Planning and Zoning Board Minutes March 15, 2001 Page 12 Director Gloss replied that it would be something for the Board to consider. If there were a denial, it would be a stronger case, if the plan were changed to reflect the UE zoning that has been assigned to the property. The Board could direct staff to look at that issue. Deputy City Attorney Beckman added that it was not only the Structure Plan Map that is troublesome in this case, but also some of the maps that are in the Harmony Corridor Plan. He felt that both maps should be looked at. The motion for denial was approved 4-1 with Member Meyer voting in the negative. RECEIVED Date: March 15, 2001 I 2001 . D To: Members of the City of Fort Collins Planning and Zoning Board CURRENT PLANNING From: Leonard K. Ewy 4413 Timberline Road Fort Collins, CO 80525 Re: 2021 Timberline Lane Rezone-file#3-01 Board Members: I regret that due to unforeseen circumstances I may not be able to attend the Planning & Zoning Board meeting tonight, but I wish to avail myself of electronic mail to comment on an issue before your board. I live at 4413 Timberline Road and have owned and lived on the property for 22 years. My home is in the same neighborhood as the 2021 Timberline Lane property that is before you for consideration for rezoning from Urban Estate (UE) to Harmony Corridor (HC). I am very concerned about the potential consequences of piecemeal rezoning of individual properties within an established residential area. Once this precedent is established, I believe it will be much easier for other properties interspersed throughout the neighborhood to be bought and rezoned for commercial uses without considering the impact on the people who live there. At the neighborhood meeting on this issue, Mr. Padilla, the man we were told owns the property in question and who is seeking its rezoning, stated that he was proposing to build a small "financial institution" on the property if the zoning change is approved by your board. However, as I understand it he would be under no obligation to do so and he can certainly sell the property to another developer who could take advantage of the rezoning by buying adjacent properties and building something of even greater impact to our neighborhood. Because this zoning change has potential unpredictable negative consequences to our neighborhood and because, as I understand it, it is inconsistent with the city zoning plan to allow piecemeal rezoning in a residential neighborhood, I oppose the rezoning of 2021 Timberline Lane from UE to HC. Thank you for your consideration of my concerns. Leonard Ewy May 20, 2001 All Members, Fort Collins City Council, • 300 Laporte, Fort Collins, Co 80521 Dear Council Mwbers: We understand a request to re-zone the Northwest cache= of Harcny and Timberline Roads has been placed on your agenda by Mr. J.C. Padilla. We urge Council to maintain the present Urban Estate designation so that interested citizens may have an opportunity to preserve the old Harrony Store and the fascinating history it represeats. We also have a concern for the present owner of the Ha=ony Store site, wherever it might be. The mattes should be resolved so that no infringement of property rights occurs. Thank you for your consideration. very truly yours, Ethel R. Ashley /Sl� Kenneth R. Ashley 5227 South County Road 7 Fort Collins, CO 8052& PH. 223-3255 APPLICANT' S ATTACHMENTS MAY 309 2001 ! ' Rja RE r7 j1 1 Q IL -bp �4 � clef • �• our • _bp IF ' • \� �•� I f ryt as 1 1 1 _ • 11 \ lll� s t 1 our rp 1 lll:b �I_ 1 © IWHW BUSNM © KANNMREMMNnAL LM 1 J n EL I. IJI 1 + RBSUXWrLAL lll IMM 1 :1 A 11 a e xill NORTH 40 , tt ttt Special Urban Design Pots tonal Potential Neigh Service center Opportunity-Gateway sh nter or or Community Sh g center Development with orientationCommunity Shopping Center P to natural character Potential Neighborhood ,• ••••. Service Center •• • . DIY J 1 ,// M,• Y • - • • • • • • • •� �y`.,•,• ••••• • • • • • • • . . . . . . . . . . . . r' 't ' l .— _PY-• • i_• 1 •_•_ • t_�_S i a_l_l a _ t 5pyli Potential Neighborhood Secondary ° ,"°""`2. Service Center Uses Without - J Business Park �} Special Urban Design Opportunity - ----- - With emphasis on Existing Regional Historical Heritage of Harmony Road Shopping Center Harmony Activity Centers Potential Shopping Center Locations Outside of Activity Center Basic industrial and Non-Retail Activity Center Neighborhood Service Center Mixed Use Activity Center Neighborhood Convenience Center NORTH /\ 40 1500' 0' 3000' 6000' HARMONY CORRIDOR PLAN I LAND USE AND LOCATIONAL STANDARDS AND GUIDELINES The Harmony Corridor offers an opportunity for creating a major business and industrial center in northern Colorado due to its desirable location, accessibility, availabile infrastructure and land ownership pattern. Attracting desirable industries and businesses into the community, and in j particular the Harmony Corridor, achieves an important public purpose i because it promotes primary and secondary jobs and generally enhances the local economy. The focus of future development activity is planned to take place in two types of major `activity centers" — the Basic Industrial and Non-Retail t Employment Activity Center and the Mixed-Use Activity Center. Basic Industrial and Non-Retail Employment Activity Centers are locations where either industrial uses, and/or office or institutional type land uses are permitted to locate in planned qfflce (or business) park settings. Base industries are firms that produce goods and services which are produced for export outside of the city, and thereby import income into the city. Mixed-Use Activity Centers permit a broader range of uses including shopping centers. The distribution of these activity centers in the corridor is shown on the Land Use Map. The essence of both types of activity centers is a combination of different types of land uses along with urban design elements that reduce the dependence on the private automobile, encourage the utilization of alternative transportation modes, and ensure an attractive appearance. p 51 h 0 Locate industries and businesses in the Basic Industrial and Non-Retail Employment Activity Centers in areas of the Harmony Corridor designated for such uses on the Land Use Map. Permitted principal uses in the Basic Industrial and Non-Retail Employment Activity Center shall be limited to: • Research facilities, testing laboratories, offices and other facilities for research and development • Industrial uses • Hospitals, clinics, nursing and personal care facilities • Regional, national, or international headquarters of a services- producing organization • Vocational, business or private schools and universities + • Professional offices • Finance, insurance and real estate services • Other uses of similar character as determined by the Planning and Zoning Board. (+) Secondary and supporting uses will also be permitted in the Basic Industrial and Non-Retail Employment Activity Center, but shall occupy no more than 25 percent (25%) of the total gross area of the Office (or Business) Park, Overall Development Plan or Planned Unit Development, as applicable. If single family housing is provided, at least a generally equivalent number of multi-family dwelling units must also be provided. "Multi-family" shall mean attached single family, 2- family or multi-family dwellings. All housing must be integrated with and function with an office (or business) park. Non-residential, secondary uses shall be integrated both in function and appearance with an office (or business) park, unless a special exception is granted by the Planning and Zoning Board. In order for such an exemption to be granted, the applicant must demonstrate to the satisfaction of the Board that the granting of the exemption would neither be detrimental to the public good nor impact the intent and purposes of the foregoing requirement and that by reason of exceptional narrowness, small parcel size, or other special condition peculiar to a site, undue hardship would be caused by the strict application of this requirement- ! 52 Permitted secondary uses shall be limited to: • Hotels/motels • Sit-down restaurants • Neighborhood Convenience Shopping Centers • Child care centers - • Athletic clubs • Single family and mufti family housing • Accessory buildings and uses as defined in Section 29456 of the Code. (+) Basic (and non-retail)jobs are planned to be the major economic focus of the corridor area. The standards provide for a variety of retail and services in close proximity to meet the needs of employees and business in the corridor. As the corridor develops, new housing of a mix of types and densities is anticipated to locate near jobs, shopping, parks and schools. Locate a broader range of land uses in the areas of the Harmony Corridor known as Mixed-Use Activity Centers as shown on the Land Use Map. The Mixed-Use Activity Center provides, in addition to the uses listed in the Basic industrial and Non-Retail Employment Activity Center, a variety of retail and commercial uses in shopping centers. If single family housing is provided,—atieast--a-genualty—equivalent number of multi-family dwelling units must also be provided. "Multi- family" shall mean attached single family, 2-family or multi-family dwellings. All housing must be integrated with and function with an office (or business) park and/or shopping center. Neighborhood service centers, community shopping centers and regional shopping centers shall be limited to those locations shown on the Land Use Map. (+) The Plan provides for a range of retail, non-retail and residential uses to occur in the Mixed-Use Activity Centers, including shopping centers which satisfy the consumer demands of residents and employees who live and work in adjacent and surrounding neighborhoods, as well as from the community and region. 53 All retail and commerical land uses, except those permitted as secondary uses in the Basic Industrial and Non-Retail Employment Activity Center, shall be located in shopping centers. All shopping centers, except neighborhood convenience shopping centers, shall be limited to locations shown on the Land Use Map. Neighborhood convenience shopping centers shall also be permitted in the Basic Industrial and Non-Retail Employment Activity Center. The general definition, scale, use and character of neighborhood service centers shall be as described in Appendix B. (+) Coordinated planning of a "shopping center" rather than isolated retail uses is the most effective means of avoiding "strip" commercial development. t 54 HARMONY ROAD SETBACK The purpose of the setback zone along Harmony Road is to provide enough area between Harmony Road and adjacent development to create naturalistic berms, groves of trees and a meandering sidewalk. All three elements work together to create an attractive landscape that appears spacious and provides design continuity along the Harmony Road frontage. Developments located along the Harmony Road frontage, east of Boardwalk Drive, shall provide a minimum 80 foot setback from the future edge of pavement, as determined by the City. (+) This area shall be referred to as the "setback zone". The design standards + and guidelines refer to the setback zone unless otherwise noted. Setbacks for I-25 and future frontage roads will be established in the design standards and guidelines developed for the gateway area as part of the Phase II Gateway Planning Effort described in the Harmony Corridor Plan. See page 32 for setback requirements on local and collector streets and page 30 for properties west of Boardwalk Drive. Providing positive drainage away from a building shall not be considered a hardship in the 80 foot setback zone. (+) F__—�Fo_rs_Er_WK rv_ncw r Reoesuoo hail I I Future Up a Peem<at I I I � I 80 foor minimum setback i3 Is measuredfi the futti-edge ofpa++naae,,4 r_____________________- ' I I I I I I I I Berm/ng ggatn,t bu/Idfngs tr emounvged Bu/fdings should be"11 infegrwhd two/be sne and lanQ:aape 6 i i In situations where providing berms and a meandering sidewalk interferes with establishing positive drainage away from structures, drainage requirements must be met outside of the setback zone. Providing positive drainage away from the base of structures is not a valid reason for failing to create naturalistic berms, groves of trees and a meandering sidewalk within the setback zone. If more than 80 feet is required to create the desired landscape effect and achieve positive drainage, then additional setback will be required. r—_--____—_—_—_—_—_---- I I � t I I I I � I I Meandering recreation trail is integrated Unlb berming and separated from travel lanes 30 feet where possible r----------------------- I I i I I I I I I I I Parking lots can be I e'l soeened wrrb a rombina- tlon of bens and plant material I I I I I Retaining walk can be Used to create the desln. streetscape eject in restricted locations 7 Employment Districts are locations for basic employment uses including light manufacturing, offices, corporate headquarters, and other uses of similar character. These Districts will also include a variety of complementary uses such as residential, business services, convenience retail, child care and restaurants. They will be designed to encourage non-auto travel, car- and van-pooling, transit use and have an attractive appearance — allowing them to locate adjacent to residential neighborhoods. PRINCIPLE ED-1: Employment Districts will be major employment centers in the community. These districts will also include a variety of complementary uses to meet the needs of employees, such as business services, convenience retail, lodging, child care, recreation, housing and restaurants. By design, they will encourage non-auto ' travel, car and van pooling, telecommuting and transit use. Their attractive appearance should allow them to locate adjacent to residential neighborhoods and along primary entryways into the community. Policy ED-1.1. Range of Employers. Employment Districts will vary in size and structure to meet the requirements of a range of employers, from small businesses to those that need relatively large parcels of land to accommodate their facilities. Varying Siu of Employers. City Plan Principles and Polza" Employment District February 18, 1997 199 Policy ED-1.2. Primary Uses. Primary uses in an Employment District will include: • Research facilities, testing laboratories, offices and other facilities for research and development Light industrial uses • Hospitals, clinics, nursing and personal care facilities • Regional, national or international headquarters of a services-producing organization • Vocational, business or private schools and universities • Professional offices • Finance, insurance and real estate services • Other uses of similar character Policy ED-1.3. Secondary and Supporting Uses. Secondary and supporting uses will also be permitted in an Employment District, but should be secondary in magnitude to the primary use. Permitted secondary uses shall be limited to: • Hotels/motels • Sit-down restaurants • Convenience Shopping Centers • Child care centers • Athletic clubs • Single-family and multi-family housing • Other accessory buildings and uses Policy ED-1.4 Transitional Iand Uses. A transition of lower-intensity land uses should be provided at the edges of Employment Districts, in areas adjacent to residential neighborhoods. Land use boundaries should be placed at mid-block locations, rather than along streets, so that buildings facing each other are compatible and transitions between uses are gradual. Policy ED-1.5 Walkable Destinations. Secondary and supporting uses in an Employment District will be accessible to and located within easy walking distance of major employment concentrations. Policy ED-1.6 District Design. Developments will form a coherent, attractive business park setting in each District. The organizing element of a District will either be a clear,unifying network of streets and sidewalks, or a system of campus-like outdoor spaces with connecting walkway spines. The pattern will focus on common destinations, particularly transit stops, day care facilities, and convenience shopping centers. A District will not evolve in isolation from the surrounding community. The seam between a District and the larger community may be a boundary of natural features or landscaped grounds, but with connections to adjacent neighborhoods. If possible, uses which can be shared with adjoining areas, such as day care, outdoor spaces, and City Plan Principles and Policies Employment Districts February 18, 1997 200 convenience shopping centers, should locate on connecting streets or at a boundary of the District Policy ED-1.7 RedevelopmenvInfill. There will be future infill and redevelopment of existing employment centers. As non-compatible businesses vacate, new development planned for Employment Districts should be designed to complement the character of the surrounding area. Policy ED-1.8 Site Design. The design character of employment facilities should be reflective of a business park or campus setting, compatible with adjoining uses, with full landscaping of parking, perimeter and building edges to buffer the impacts of large facilities. Recreation, parks and open space areas should be incorporated into the design, as well as pedestrian linkages to City trails. PRINCIPLE ED-2: Employment Districts will be accessible to the community's multi-modal transportation system. Policy ED-2.1 Access. Street access to and within Employment Districts should be , designed to serve multi-modes of transportation, and provide multiple entry and exit points to disperse traffic. Policy ED-2.2 Parking. Parking and other vehicle use areas will be located in the interior of blocks, or in other secondary areas, so that they do not interfere with pedestrian connections. Trees and other landscaping will be provided within parking lots, along with pedestrian paths connecting buildings. Parking areas will be screened from adjacent streets with berming and landscape planting. Policy ED-2.3 Walkways and Bikeways. Sidewalks and pedestrian paths will be provided within Employment Districts. Streets will be connected to the bikeway system. Policy ED-2.4 Links to Transit. Employment Districts will be connected to the city- wide transit system. Transit stops and ride-sharing facilities will be designed for each area and linked to high-frequency service. Shopping areas will be conveniently located and designed so as to encourage walking by employees. City Plan Principles and Policies Employmmt Districts February 18, 1997 201 Related Plans &Policy Background: Previously adopted documents include: Issues and Policy Plans: Air Quality Policy Plan: summarizes pertinent facts about air quality, establishes a community vision and measurable objectives, and sets forth specific policies to direct Cityprograms and actions (1993). • City of Fort Collins Telecommunications Policy: policies relating to public access, privacy, services, City's regulatory role and compensation for use of rights-of-way by providers (1996). • Fort Collins Bicycle Program Plan: guides development of a City bikeway program and facilities (1995). • Fort Collins Congestion Management Plan: land use, transportation and air quality recommendations. Identification of activity centers (1995). • Pedestrian Plan: policies,design standards and guidelines for pedestrian facilities (1996). ' Subarea Plans: • Harmony Corridor Plan: provides a land use and urban design framework for future development of the area (1995). City Plan Principles and Policies Employment Districts February 18, 1997 202 ! T4A 4U (04404444r Transportation Corridors are developed primarily to increase mobility, provide transportation options, enhance efficiency, improve the aesthetics of the pedestrian/transit interface, and accommodate the flow of goods and people. PRINCIPLE TC-1: Transportation Corridors will be developed 'to provide efficient mobility and cost-effective transport of people and goods between the various districts of the City. Policy TC-1.1 Locating Transportation Corridors. Transportation Corridors will include Harmony Road, Horsetooth Road, Drake Road, Prospect Street, Elizabeth Street, Mulberry Street, Taft Hill Road, Shields Street, College Avenue, Mason Street, Lemay Avenue and Timberline Road. Criteria for locating future Transportation Corridors, such as connections from the Community Commercial District at Summit View/Mountain Vista Drives, will be based on mass transit routes, multi-modal routes, and the size and location of Neighborhood Commercial Centers; Employment, Industrial, Community Commercial and Campus Districts; and future Residential Districts, in order that Transportation Corridors provide the most efficient linkages and use the most cost-effective resources. Policy TC-1.2 Balanced Network of Transportation Corridors. The development of a balanced Transportation Corridor network, comprised of a multi-modal transportation system,with access and connectivity to and through corridors, and efficiency and mobility-will be key in determining future street requirements. Policy TC-1.3 Integrated Transportation Systems. A network of Transportation Corridors will connect to regional facilities in cooperation with neighboring and regional transportation systems, as indicated in the North Front Range Transportation Plan (1994). Policy TC-1.4 Use of Existing Railroad Right-of-Ways. The City will support efforts to use existing rail right-of-way for passenger rail service, as well as for other means of transportation such as bicycling, walking, and transit. City Plan Prvwvles and Policies Transportation Corridors February 18, 1997 207 PRINCIPLE TC-2: The structure and function of each corridor will assure the highest composite Level of Service (LOS) among the modes of transportation in the corridor. Policy TC-2.1 Efficient Transportation Flow. The Master Street Plan will support transportation corridors by providing efficient flows of transportation and satisfactory multi-modal service that feeds into the corridor at appropriate access points, such as park-and-ride, bike-and-ride, and walk-and-ride facilities. Policy TC-2.2 Automobile Congestion. When automobile congestion decreases the composite LOS of a Transportation Corridor, it will be a trigger so that the City will strengthen and direct efforts towards ensuring an increase in LOS that gives priority to alternative modes within the Corridor, possibly including the use of dedicated right-of- way for future transit use. PRINCIPLE TC-3: The essential element in a Transportation Corridor is the pedestdanftransit interface. Convenience, access, safety, and ' aesthetics should be of priority when designing for pedestrian access. Policy TC-3.1 Pedestrian Plan. The safety and security of the pedestrian will be a fundamental consideration in the design of a Transportation Corridor. The five principles of the City's adopted Pedestrian Plan-directness, continuity, street crossings, visual interest and amenity, and security- as well as the standards, policies and regulations of the Plan, will be implemented in Transportation Corridors. Principle TC4: Transportation Corridors will be developed, and existing ones improved, as densities and demand for services increase. Policy TC-4.1 Integrated Planning. The important relationship between land use and transportation will be reflected in policy decisions, management strategies, and investments that are coordinated, complementary and support the City Structure Plan. The City may provide transit service in advance of demonstrated demand to support development of key districts on high-frequency lines. Such service shall be coordinated through future subarea plans. Policy TC-4.2 Transportation Corridor Development. The implementation of new Transportation Corridors will be phased to coincide with new development. Policy TC-4.3 Transportation Corridor Improvement. Strategic improvements to existing facilities, such as the addition of bike lanes, increased transit service and pedestrian access, will be implemented to respond to existing deficiencies and to maintain adopted level of service standards. City Plan Ninciples and Policies Transportation Corridors February 18. 1997 208 Policy TC-4.4 Density of Development. A compact land use pattern will guide development of Transportation Corridors by providing densities necessary to support alternative modes of travel, such as transit, walking and bicycling-as well as efficient automobile use. Policy TC-4.5 Infill and Redevelopment. The City will encourage iafill and redevelopment in corridors that complement and support the efficiency of the Transportation Corridor. Policy TC-4.6 Facility Design. Facility design will support all modes of transportation and be matched to appropriately support the surrounding development. Principle TC-5: Enhanced Travel Corridors will be established strategically within the City as specialized Transportation Corridors and contain amenities and designs which specifically and solely promote walking, the use of mass transit, and bicycling. Enhanced Travel Corridors will provide high-frequency/high efficiency travel ` opportunities linking major activity centers and districts in the city. •- Policy TC-5.1 Locating Enhanced Travel Corridors. Enhanced Travel Corridors include Harmony Road (east of College Avenue), Mason Street and the Burlington Northern Railroad right-of-way (Downtown to Harmony Road), and the College/Conifer Corridor (north and east of Downtown). Criteria for locating future Enhanced Travel Corridors will be based on the following • the feasibility of mass transit or rail service • the level of activity in connecting districts • the availability of right-of-way • the need to counteract decreasing automobile levels of service Policy TC-5.2 Integrated Transportation Systems. A network of Enhanced Travel Corridors will connect to other Transportation Corridors and to regional facilities in cooperation with neighboring and regional transportation systems. Policy TC-5.3 Facility Design. Facility design will support pedestrians, transit, and bicycles,and will be matched to appropriately support the surrounding development to create a substantially focused pedestrian scale urban design. Policy TC-5.4 Pedestrian/Transit Interface. Enhanced Travel Corridors shall have the highest level of service with respect to the interface of pedestrians and transit. A fundamental consideration in the design of an Enhanced Travel Corridor will be to make the environment of the corridor - and access to transit - safe, secure, and convenient for pedestrians. City Plan Principles and Policies Transportation Corridors February 18, 1997 209 Policy TC-5.5 Efficient Transportation Flow- Enhanced Travel Corridors will have the highest level of transit service. Improvements such as signal preemption, HOV (High Occupancy Vehicle) lanes, and curb extensions at transit stops may be used to enhance bus flow and pedestrian access to transit. Special consideration will be made in the Master Street Plan for transportation flows into and out of Enhanced Travel Corridors. Policy TC-5.6 Economic Opportunity and Development. Enhanced Travel Corridors will support expanded economic opportunity and development generally, and particularly on infill sites and targeted redevelopment areas within the city. Policy TC-5.7 Corridor Development. The implementation of new Enhanced Travel Corridors may be phased to coincide with new development. City Pl=Prbtciples and Policies Transportation Corridors February 18, 1997 210 Related Plans &Policy Background• Previously adopted documents include: Issues and Policy Plans • Air Quality Policy Plan: summarizes pertinent Facts about air quality, establishes a community vision and measurable objectives, and sets forth specific policies to direct City programs and actions (1993). • Fort Collins Bicycle Program Plan: guides development of a City bikeway program and facilities (1995). • Fort Collins Congestion Management Plan: land use, transportation and air quality recommendations. Identification of activity centers (1995). • Master Streets Plan: designates the alignment and functional classification of major meets planned for construction within and in close proximity to the Urban Growth Area (1996). • Pedestrian Plan: policies, design standards and guidelines for pedestrian facilities (1996). • Transit Development Plan 1996-2002: documents a seven-year Transit Development Plan (TDP) for public and specialized transit services in Fort Collins, Loveland and rural Latimer County(1996). • Transportation Demand Management Plan: analysis of Vehicle Miles Traveled (VMT) reduction (1995). Subarea Plans: • Harmony Corridor Plan: provides a land use and urban design framework for future development of the area (1995). • North College Avenue Corridor Plan: policy guidance for revitalization, including basic public improvements, image and appearance, land use, and zoning (1995). Regional Plans • North Front Range Regional Transportation Plan: travel demand analysis, goals and objectives, including bicycle, transit, roadway, aviation and rail systems (1994). City Plan Principles and Policies Transportation Corridors February 18, 1997 211 Division 4.1. Urban Estate District Division 4.1 DMSION 4.1 Ug"N ESTATE DISTRICT(U-E) (A) Purpose The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this district are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands. (B) Permitted Uses. (1) The following uses are permitted in the U-E District, subject to building permit review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Accessory/Miscellaneous Uses: i 1. Accessory buildings containing two thousand five hundred(2,500) square feet or less of floor area. 2. Accessory uses. (b) Any use authorized pursuant' to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [41 dwelling units),provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided,however, that such existing use shall constitute a permitted use only on such parcel of property. Article 4. Page 3 Supp. 2 Division 4.1, Urban Ernare Dtstriet Diviston 4.1(B) (d) InstitutionallOvic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following uses are permitted in the U-E District, subject to administrative review: (a) Residential Uses: 1. Single-family detached dwellings. 2. Two-family dwellings. 3. Single-family attached dwellings. 4. Group homes for up to eight(8)developmentally F disabled or elderly persons. (b) Institutional/Civic/Public Uses: 1. Public facilities. 2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 3. Cemeteries. (c) Accessory/Miscellaneous Uses: 1. Farm animals. (3) The following uses are permitted in the U-E District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Residential cluster developments. Article 4,Page 4 Sapp. 2 Demnar 4.1. Urban Estate District Division 4.l(B) (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary, intermediate and high school education. 2. Places of worship or assembly. 3. Golf courses. (c) Commercial/Retail Uses: 1. Child care centers. 2. Bed and breakfast establishments with no more than six (6) beds. 3. Plant nurseries and greenhouses. 4. Animal boarding (limited to farm large animals). (d) Industrial Uses: 1. Resource extraction, processes and sales. 2. Composting facilities. (e) Accessory/NMeellaneous Uses: 1. Accessory buildings containing more than two thousand five hundred(2,500)square feet or floor area. 2. Wireless telecommunication equipment. (C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited. (D) Land Use Standards. (1) Density/Intensity. All development shall meet the following requirements: (a) Overall average density shall not exceed two(2)dwelling units per net acre. Article 4. Page 5 supp.9 Division 4.t, Urban Estate District Division 4.t(D) (b) Lot sizes shall be one-half(lh)acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division. (2) Dimensional Standards. (a) Minimum lot width shall be one hundred (100) feet, except that the minimum lot width for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be sixty(60) feet. (b) Minimum depth of the front yard shall be thirty(30)feet, except that the minimum depth of the front yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be twenty(20) feet. (c) Minimum depth of the rear yard shall be twenty-five (25) feet,except that the minimum depth of the rear yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be fifteen(15) feet. (d) Minimum side yard width shall be twenty (20) feet, except that the minimum depth of the side yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be fifteen (15) feet on the street side of any comer lot and five(5)feet for all interior side yards. (e) Maximum building height shall be three(3)stories. (E) Development Standards. (1) Street Connectivity and Design. The following standards shall apply to all development in the Urban Estate District: (a) To the maximum extent feasible,streets shall be designed to minimize the amount of site disturbance caused by roadway and associated grading required for their construction. Article 4, Page 6 Sapp. 9 Division 4.1, Urban Estate District Division 4.1(E) (b) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards. (2) Site Design for Residential Cluster Development. Sites in the Urban Estate District may be developed in clusters according to the cluster development standards established below, subject to approval by the Planning and Zoning Board. Ina cluster develop- ment, lot sizes may be reduced in order to cluster the dwellings together on a portion of the property, with the remainder df the property permanently preserved as public or private open space. The following standards shall apply to cluster development in this District: (a) Only uses permitted in subsection (B) shall be allowed. (b) Cluster development shall set aside at least fifty (50) t percent of the total land area of the proposed development as private or public open space that is permanently pre- served as open space through dedication of ownership, if acceptable to the city, or placement of an appropriate easement granted to the city or other nonprofit organiza- tion acceptable to the city,with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intended. As a condi- tion of approval, the city may also require the property owners to maintain the dedicated open space to city standards through a maintenance agreement. (c) Minimum lot sizes may be waived by the Planning and Zoning Board,provided that the overall average density of the proposed development does not exceed two (2) dwelling units per net acre and the density of the cluster development does not exceed five (5) dwelling units per net acre. (d) Building envelopes shall be identified on the cluster development, and the minimum area of lot, minimum width front yard,minimum rear yard,minimum side yard and maximum building height shall conform to the requirements established in the R-L, Low Density Residential District. Arricle 1. Page 7 supp. 9 Division 4.1, Urbart Estate District Division 4.I(E) (e) The design of the cluster development shall be appropriate for the site, as demonstrated by compliance with all of the following criteria: 1. preservation of significant natural resources, natural areas and features,native vegetation,open lands or agricultural property through mainte- nance of large, contiguous blocks of land and other techniques; 2. provision of additional amenities such as parks, trails, common areas or access to public recreational areas and open space. 3, minimizing the visual intrusion of dwellings and other structures and the blocking of vistas to the foothills and prominent mountain vistas by f avoiding building in the center of a meadow or open area. 4. protection of adjacent residential development through landscaping,screening,fencing,buffering or similar measures. 5. designing the layout of lots on the cluster development so as to conform to terrain, and locating such lots so that grading and filling are kept to a minimum, and natural features such as drainage swales,rock outcroppings and slopes are retained. 6. if farm animals are intended to be allowed within the area,indicating those portions of the area to be developed that will be reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses. (Ord.No. 122, 1997§55,8/5/97;Ord.No.90, 1998,5/19/98;Ord.No.228, 1998§36, 12115/98; Ord. No. 165, 1999 §32, 11/16/99) Article 4,Page 3 SaPP. 9 Division 4.21.Harmony Corridor District Division 4.21 DIVISION 4.21 HARMONY CORRIDOR DISTRICT(H-C) (A) Purpose. The Harmony Corridor District is intended to implement the design concepts and land use vision of the Harmony Corridor Plan—that of creating an attractive and complete mixed-use area with a major employment base. (B) Permitted Uses. (1) The following uses are permitted in the H-C District, subject to building permit review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. t 2. Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [41 dwelling units),provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however,that such existing use shall constitute a permitted use only on such parcel of property. Article 4, Page 139 Supp.8 Division 4.21,Harmony Corridor District Division 4.1)(D) (d) Institutional/CivictPublic Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following uses are permitted in the H-C District, subject to administrative review: (a) Residential Uses: 1. Mixed-use dwelling units. (b) InstitutionaVCivic/Public Uses: 1. Community facilities. 2. Public and private schools, including colleges, universities, vocational and technical training. 3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 4. Hospitals. 5. Public facilities. 6. Transit facilities without repair or storage. (c) Commercial/Retail Uses: 1. Offices, financial services and clinics. 2. Child care centers. 3. Print shops. 4. Food catering. (d) Industrial Uses: 1. Research laboratories. Article 4. Page 140 Sapp.8 Division 4.21,Harmony Corridor District Division 421(8) 2. Light industrial uses. 3. Workshops and custom small industry uses. (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine(39) inches in diameter. 2. Wireless telecommunication equipment. 3. Wireless telecommunication facilities. (3) The following uses are permitted in the H-C District, subject to Planning and Zoning Board review: (a) Residential Uses: t 1. Single-family detached dwellings. 2. Single-family attached dwellings. 3. Two-family dwellings. 4. Multi-family dwellings. 5. Group homes. (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary,junior high and high school education. 2. Long-term care facilities. (c) Commercial/Retail Uses: 1. Lodging establishments. 2. Convenience shopping centers. Article 4, Page 141 Supp.8 Division 4.21.Harmony Corridor District Division 4.21(8) 3. Standard restaurants. 4. Bed and breakfast establishments. 5. Clubs and lodges. 6. Health and membership clubs. 7. Neighborhood service centers as defined/described in the Harmony Corridor Plan. 8. Community shopping centers as defined/described in the Harmony Corridor Plan. 9. Regional shopping centers as defined/described in the Harmony Corridor Plan. 10. Convention and conference center. (d) Accessory/Miscellaneous Uses: 1. Heliports and helipads. (C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. (D) Land Use Standards. (1) Harmony Corridor Land Use Standards. All development in the H-C Harmony Corridor District shall comply with the Harmony Corridor land use and locational standards as adopted by the city and the following specific standards to the extent that such standards apply to the property proposed to be developed. (2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment-based development plan that emphasizes primary uses. The following permitted uses shall be considered secondary uses in this zone district and together shall occupy no more than twenty-five (25) percent of the total gross area of the development plan. Article 4, Page 142 supp.8 Division 4.21.Harmony Corridor District Division 421(D) (a) Community facilities. (b) Public facilities. (c) Child care centers. (d) Print shops. (e) Food catering. (f) Workshops and custom small industry uses. (g) Residential uses. (h) Lodging establishments. (i) Convenience shopping centers. t 0) Standard restaurants. (k) Bed and breakfast establishments. (1) Clubs and lodges. (m) Health and membership clubs. (n) Convention and conference centers. (3) Dimensional standards. (a) Maximum building height for all nonresidential uses shall be six (6) stories. Maximum building height for residential uses shall be three (3) stories. (b) All new structures greater than eighty thousand (80,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review. (c) Any building addition that exceeds eighty thousand (80,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review. Article 4. Page 143 SUPP. 9 Divirime 4.21,Hammy Corridor District Div sim 4.21(D) (4) DensityQnrensity. All residential development in the H-C Harmony Corridor District shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. (5) Mix of Housing Types. A mix of permitted housing types shall be included in any development plan proposing residential uses as secondary uses. The following standards are intended to promote a variety of housing within such a development plan: (a) A minimum of two(2)housing types shall be required on any residential portion of a development plan greater than ten (10) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty(30)acres in size, including parcels which are part of a phased development. The following list of housing types shall be used to satisfy this requirement: 1. single-family detached dwellings. 2. single-family attached dwellings. 3. two-family dwellings. 4. multi-family dwellings. 5. group homes. 6. mixed-use dwellings. (b) If single-family detached housing is proposed,at least an equivalent number of single-family attached housing, two-family dwellings or multi-family dwelling units (or combination thereof) must also be provided. (c) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. (d) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward a street. Article 4,Page 144 Sapp. 9 Division 4.21.Harmony Corridor District Division 4.21(D) (6) Access to a park central feature or gathering place. Within any development proposal that contains a residential component larger than ten(10)acres in size,at least ninety(90)percent of the dwellings shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [1/41 mile) of either a neighborhood park,a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one(1)or more of the following uses: (a) Public parks, recreation areas or other open lands. (b) Privately owned parks meeting the following criteria: 1. Size. Such private parks must be a minimum of t ten thousand (10,000) square feet. 2. Location. Such parks must be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50)percent of the perimeter frontage of the park. 3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. 4. Facilities. Such parks shall consist of multiple- use turf areas, walking paths, plazas, pavilions, picnic tables,benches or other features for various age groups to utilize. 5. Ownership and Maintenance. Such parks may,in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association. Article4. Page 144-1 Supp. 9 Division 4.21.Harmony Corridor District Division 4.21(D) 6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If one (1) of these buildings or structures is used to meet the requirements of this subsection, then it must also include a year-round, publicly accessible, outdoor space of at least ten thousand(10,000)square feet in a usable configuration. Such a space may be a park- like lawn, garden, plaza, pavilion or courtyard to accommodate such activities or outdoor gatherings, neighborhood events, picnicking, sitting or active and/or passive recreation. 1 (7) Access to Neighborhood Center. At least ninety(90) percent of the dwellings of a residential development proposal shall be located within three thousand nine hundred sixty (3,960) feet (three-quarter[3/4] mile)of either a neighborhood center pursuant to the requirements of Division 4.4(D)(3)(c)that is located within the project or within adjacent development, or an existing or planned Neighborhood Commercial District commercial project, which distance shall be measured along street frontage without crossing an arterial street. (E) Development Standards. (1) Harmony Corridor Development Standards. All development in the H-C Harmony Corridor District shall also comply with the Harmony Corridor design standards as adopted by the city and the following specific standards to the extent that such standards apply to the property proposed for development. (2) Site Design. (a) In the case of multiple parcel ownership, to the extent reasonably feasible, an applicant shall enter into cooperative agreements with adjacent property owners to create a comprehensive development plan that establishes an integrated pattern of streets, outdoor spaces, building styles and land uses. Article 4. Page 144-2 Sapp. 9 Division 4.21, Harmony Corridor District Division 4.21(E) (b) Where an employment or industrial use abuts a residential area, there shall be no drastic and abrupt change in the scale and height of buildings. (c) All commercial/retail and industrial uses, except for off- street parking and loading, shall be conducted or carried out entirely within completely enclosed buildings or structures. (3) Building Design. ' (a) Industrial Buildings. To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the adjacent street sidewalk or a walkway,plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. t (b) Campus Exception. An exception shall be permitted to subsection(a)above,and to the requirements contained in Section 3.5.3(B) if the development provides a"campus or park-like development block," meaning development with a unifying, formative internal framework of pedestrian-oriented, nonvehicular outdoor spaces and walkways that function as an alternative to street sidewalks by organizing and connecting buildings. The internal campus pedestrian circulation system shall be designed to provide direct connections to common origins and destinations (such as street sidewalks, transit stops, restaurants,child care facilities and convenience shopping centers). (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§70, 71, 12/15/98; Ord. No. 99, 1999 §§30, 31, 6/15/99; Ord. No. 165, 1999 §§49-51, 11/16/99; Ord. No. 59, 2000 §§35-37, 6/6/00; Ord. No. 183, 2000 §40, 12/19/00) Article 4. Page 144-3 _ SUPP. 9 kCP'CN Y 2000084993 ir'/14 , '• M RODENbEkGEk RECOHOU, LARIMER VOUNTY CO S'l'A'l't: WARRAN•rY DE.E•n ,:�;a�n Dccumentay Foe I Cate /✓ i 'r11IS UN:EU, Made on this day of UaccndKa llN fNNI? between )A[.,A P.AR'rNERSOIP �I of the County of I.ARINIEi and State of Colurodn Cbe Gron[orw, and TI IE CI.5 Oh PORT COI.LINS,C'OIAitAUO,A hI UNICIIh\I.COItI'ORA'I'ION whose legal address is t TOO IA1101 TIi AVENUE IORI'(IO1.I.INS CO 80524 of the County of I.Alt WIT and State of ('nlurniu the Grantec(s): WITNESS, That the Grartor(s), for and in consideration of the sum of ( S5 LOUD GO ) UOhL,\ItS •••Pifp•0ne'1ltousald and IXI/IDO•" the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Granho(s), his heir and assigns forever, att the real property, together with Improvements, 11 any, situate, lying and being in the County of LARIMIiIt and State of Colorado, described as follows: SGI.EXIIIEI'1"A'A ITACIIEU,IET E IO AND MADE A I'AIL'1'❑Ii1t1i0i' also known as street number APOL(TION01:20211'ININERIANIi LANC.POICI'('OI.IANS,C'ON0525 TOGETHER with all aril singular and hereditoments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditoments and appurtenances; TO IIAVE AND TO HOLD the sold premises above bargained rind described with appurtenances, unto the Gran[ee(s). his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grata. bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the promises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in low, in fee simple, and has good right; full power and lawful authority to gran[, bargain, sell and convey the soma in manner and form as aforesaid, and that the soma are free and clear from all former anv othe• grants, bargains, solos, lions, taxes, assessments, encumbrances and restrictions of whatever kind or nature soevci 5lllilECr'rO GENE•RAL'G\XES POIt'rl ll:YEAlt 2000,ANT)EASENIF N l'S,IU:SJ:R VA PIONS•R;1ti 11tICI1LLN S,0 A I N%N l s AND RIGU rS OIL WAY Op RECORD,IIL ANY'.AND DISI'RIIIU'IION 11'1'll.rl'Y EASENIVNFS;AND Al:\'1'1'1:ItS NOT SHOWN 11, 1111.I't'Ll If Mr..CORDS RUTOr WIIICII GRAN1"Eli IL\S ACI'UAI.RNOWLEO(W.,\ND INCLUSION OP'1'IIh i'1(OI11.1(I'),'\,'!l'IIIN AN1 ]1'1('I\I TAXING DISTRICT:AND TIIP.FIFNET:FIS AND BURDENS OP ANY UEC'LAR:YI'ION ANT)PARTY WAI.1..\OI<rli\I P.NIS,It ANY :he Grantor(S) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet a,d paac cable possession of the Grantee(s), his heirs and assigns, against all and every person or persons :awfully cla,min9 the u wnulr or any part thereof. The singular nabor shall include the plural, and the plural the :In9ular, arul the u c of m,y ge'u.e' shall be applicable to all genders. - IN WITNI'SS Wlllilti!OP the Grantor(,.) has executed this deed on the date set forth abovr. JAI..A PARINIA61111' ------ _--_- It A Mittel•h11(I AI!I.PARINI It STATE OF Cnlur"In _ I County of 1AMIER ) —'------ 10', L)11 )IiNAI ., Rl"N1111 140\11i AI MANS. ----- The foregoing instrument was acknowledged before me on this day of _1) it".,t1.N,:'NW__--_-_,.-____, by L:\Itity'11SNIiINS:\NP 1PR(1SIli AI \I:\:\.S, I'Alt'I'NGItS OF IAlI%I'ARiNI!6IIII` My commission expires SHAWN witness m, hard and offNQT(��PUBIC U...0 �. STATE 01 G�bIB�C Notary rubt'C " I�{apltN g•10•g0010•ttl•1001 -- Nome arul Address of person Creating New, Created Legal Description ( 3845 106.5, C.N.5.1 Eecrow# FC201851 When Recorded Return t THE CITY u_r FONT COU_INS,_O:ONnDO,-A ii tlCo iC201851 MtI; ICIVAI CCNPONAI II:N_ _ SGU IAPORO A_VI_NUL Farm No. 932 Rea, 4-94. WARRANTY DEED O'hatographlG Record WO11 FONt COLLINSO CO AQW4 STATE OF FLORIDA ss coum Y OF I1 w-Ein -� THE FORSOLtiO INSTM,-M.NT F,MS ACR�CrMMGM B= RE ME ON THIS DAY OF BY: ANDREW MICHAELS AS PARTNER OF JAL, A PARTNERSHIP MY Ca%taSSICN FXPLR:S WITNESS MY BAND AND OFFICIAL SEAL. '� Q C NOTARY _- PUBLIC IYbO irr iYorl.YlK UOwY� Y EXHIBIT "A" Page I of 2 r} THE SEAR-BROWN GROUP J FULL-SERVICE DESIGN PROFESSIONALS FORMERLY RBD,INC. 209 SOUTH NIELDRUNI FORT COLL:NS.COLORADO 8052I.2603 970.492-5922 FAX1 970-482-6368 DESCRIPTION: JAL PROPERTY A tract of land located in the Southeast Quarter of Section 31,Township 7 North,Range 68 West of the 6th Principal Meridian,City of Fort Collins,County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 00"19'55"East and with all bearings contained herein relative thereto: Commencing at the Southeast comer of said Section 31;thence along said East line, North 00,19'55"East, 162.00 feet;thence,North 89"2S'06"West, 30.00 feet to a point on the West right-of-way line of TI'vMERLiNE ROAD and the POINT OF BEGLNNING,said point also being on the South line of that parcel of land descnbei at Reception No. 87062358 on hie at the Larimer County Clerk and Recorder Office; thtlwe along said South line,South 71°09'25"West,52.67 feet;thence departing said Soutlt line,North 00026'24"West, 15.30 feet;thence,North 01"52'24"East,202.23 feet to a point on the North line of that parcel of land described at said Reception No. 870623 5S; thence along said North line,South 89"28'05' East,4428 feet to a point on said West right-of-way line of TIMBERLINE ROAD;thence along said West right-of-way linc, South 00"19'55"West,200.00 feet to the Point of Beginning. The above described tract of land contains 9,82S square feet more or less and is subiect to all easements and rights-of-way now on record or existing. February 22, 1999 jal.doc NEW YORK-PENNSYLVANIA COLORADO-UTAII -. STANDARDS IN EXCELLENCE EQUAL OrrVRTUwtY E%IPL-YER EXHIBIT "A" Pa e 2 of 2 r. 823-D01 DN .NAME: JALDW ^ mD0 ♦/� ma , m>Z Vy / s mmr m0 yy L'• Z0Z 9m pmr pm0 znrz+l /v mm 2 ZA MC- 0 0m0 O D n J O m p WT 4 9 pN 0 ti O m D i 4 9 m f m .Tl r n p N N 01'52'24' E In cn % P.m 202 23' '^ m m o (� �• �j G)Z �Nlb p b p O NNE Z20 W o ~ O N A N m. ZM 4 - �a.p\ N NS 00'19'55" W m V v WEST LINE OF TIMBERLINE ROAD £oo m � - co 162.00' _ _ EAST LINE CF THE SE 1/4 OF SECTION 31 N 00'19'S5' E (BASIS OF BEARINGS) O 4 Z n n Gw a N TIMBERLINE ROAD mM s p mOa Z � 0-4 Cnx z=mp 4Mo--I "4250 OnZT n-0 r>Lla 70mO > M mn*o -0 X moZO s >=> o y1XI-4 m W_ N �C)VO M �{ C-) m{zz < gj o�-4m T `n oaZc 0 aa0mm Or-a > g rm� ym U) :'` ' 0 May 14, 2001 Mr. J.D. Padilla 3600 South College Avenue Fort Collins, Colorado 80525 THEGRQUPINC. Subject: Timberline Lane Property Real Estate irk Dear J.D., You have asked for my opinion on the economic feasibility of the above described property as an"urban estate". I have made a site visit to the property on Timberline Lane and understand that it will be ` approximately three-fourths of an acre in size once Timberline Road is widened. The property has a nice setting with several mature trees. However, with the east boundary line bordering Timberline Road, the site is not particularly suited as an "urban estate". Our experience in marketing approximately 5,000 properties per year, indicates that when a residential property borders a busy street like Timberline Road, its suitability for a home, particularly a large estate, is negatively impacted in a significant way. The street noise, lack of tranquility, and perceived risks to small children tend to make this type of property less attractive to residential buyers. As a result, it will be difficult to make the subject property work as an "urban estate" in my opinion. While a busy street tends to negatively impact residential properties that border it, the busy street tends to enhance its commercial viability. It is my understanding that this property is identified as part of the Harmony Corridor plan and, as such, has potential commercial uses. In my opinion, the property appears more feasible for a commercial use than as an "urban estate". If you have further questions about the this property and the value of its potential uses, please give me a call. Sincerely, Larry Kendall Chairman ou h oNice 375 East Horsetooth Road Fort Collins. Colorado 80525 9701223-0700