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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/04/2016 - PUBLIC HEARING AND SECOND READING OF ORDINANCE NO.Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY October 4, 2016 City Council STAFF Kai Kleer, Planning Technician SUBJECT Public Hearing and Second Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, unanimously adopted on First Reading on September 20, 2016, zones the property included in the Cache La Poudre River Annexation into the Public Open Lands zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 20, 2016 (PDF) 2. Ordinance No. 111, 2016 (PDF) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Kai Kleer, Planning Technician SUBJECT Public Hearing and First Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to zone the property included in the Cache La Poudre River Annexation into the Public Open Lands zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In compliance with the City’s Structure Plan Map, an element of the City’s Comprehensive Plan (City Plan), the requested zoning is POL, Public Open Lands. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Public Open Lands, Community Commercial Cache La Poudre River, Legacy Park, Rivers Edge Natural Area, Salyer Natural Area, Gustav Swanson Natural Area and Poudre Pet and Feed Supply South Public Open Lands, Community Commercial Cache La Poudre River, Powerhouse Energy Campus, Fort Collins Museum of Discovery, Lee Martinez Park and Old Fort Collins Heritage Park East Employment District and Public Open Lands Ram Self Storage and Old Fort Collins Heritage Park West Urban Estate and Public Open Lands Pateros Creek and Salyer Natural Area Per the Structure Plan Map, the proposed zoning for the subject annexation is POL, Public Open Lands. The Land Use Code Describes this district as: ATTACHMENT 1 Agenda Item 8 Item # 8 Page 2 “…large publicly owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation.” Staff believes that the proposed zoning satisfies the requirements for zoning set forth in Land Use Code Section 2.9.4 because the proposed zoning: (1) is consistent with the City’s Comprehensive Plan because it is consistent with the City’s Structure Plan which is an element of the Comprehensive Plan; (2) is compatible with existing and proposed land uses because the surrounding area is almost entirely zoned as Public Open Lands; and (3) would not result in significantly adverse impacts on the natural environment. BOARD / COMMISSION RECOMMENDATION At its September 8, 2016 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that the Enclave be placed into the POL, Public Open Lands District. The recommendations were part of the Planning and Zoning Board Consent Calendar and not discussed. PUBLIC OUTREACH No neighborhood meeting was held for this annexation and zoning. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning Map (PDF) -1- ORDINANCE NO. 111, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE CACHE LA POUDRE RIVER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, the City Council finds that the proposed zoning of the Cache La Poudre River Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan because the proposed zoning is consistent with the City’s Structure Plan which is an element of the Comprehensive Plan; and WHEREAS, pursuant to Land Use Code Section 2.9.4, the City Council further finds that the proposed zoning: (1) is compatible with existing and proposed land uses because the surrounding area is almost entirely zoned as Public Open Lands; and (2) would not result in significantly adverse impacts on the natural environment; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado, in the Public Open Lands (“P-O-L”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST QUARTER OF SECTION 11, AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -2- COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00°23'32"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE, S00°23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES: 1. S66°30'10"E, A DISTANCE OF 42.00 FEET; 2. S51°53'24"E, A DISTANCE OF 40.00 FEET; 3. S67°13'24"E, A DISTANCE OF 37.00 FEET; 4. S74°51'24"E, A DISTANCE OF 176.40 FEET; 5. S79°06'24"E, A DISTANCE OF 66.50 FEET; 6. S74°16'24"E, A DISTANCE OF 94.11 FEET; 7. S71°59'41"E, A DISTANCE OF 360.45 FEET; 8. S42°21'29"E, A DISTANCE OF 140.00 FEET; 9. S36°35'23"E, A DISTANCE OF 151.52 FEET; 10. S19°45'23"E, A DISTANCE OF 287.91 FEET; 11. S60°22'23"E, A DISTANCE OF 205.90 FEET; 12. S32°05'23"E, A DISTANCE OF 93.79 FEET; 13. S71°00'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE LINDEN STREET TECH CENTER ANNEXATION; THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER; THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 12.01 ACRES, MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property is not included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. -3- Introduced, considered favorably on first reading, and ordered published this 20th day of September, A.D. 2016, and to be presented for final passage on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk