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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2018 - SECOND READING OF ORDINANCE NO. 028, 2018, AMENDINAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 20, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. 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 2017-017. This Ordinance, unanimously adopted on First Reading on February 6, 2018, zones the property included in the third of four sequential annexations, known as the Water Treatment Facility Annexation No. 3. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 2 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 028, 2018 (PDF) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. 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 2017-017. The purpose of this item is to zone the property included in the third of four sequential annexations, known as the Water Treatment Facility Annexation No. 3. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 2 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Urban Estate (U-E), which conforms to the larger surrounding area of existing single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County FA Existing single-family residential S County FA Existing single-family residential E City Urban Estate (U-E) Laporte Avenue right-of-way (Water Treatment Facility Annexation No. 2) W County FA Laporte Avenue right-of-way Northwest Subarea Plan The tract of land is located within the Northwest Subarea Plan area. The Plan was adopted in 2006 and covers an area of approximately 4.3 square miles of northwest Fort Collins and Larimer County within the Growth Management Area. The Plan states: ATTACHMENT 1 Agenda Item 17 Item # 17 Page 2 “The Urban Estate designation for this area is consistent with the City’s current Structure Plan designation. Existing subdivisions within the Central Area have established a low-density residential pattern. Continuation of Urban Estate development here will help safeguard the character of these existing neighborhoods. The level of development and natural features in this area do not make land conservation within the Central area as high a priority as in the area west of Overland Trail and along Poudre River. Clustering of new development is optional and would be one means of achieving trail connections through the neighborhoods, an important goal of this Plan. In addition, residential development should be sited and designed to provide private and public open space and should be wildlife friendly.” According to the Northwest Subarea Plan Land Use Map, the subject tract of land should be placed into the Urban Estate zone district. The proposed zoning, U-E, Urban Estate, complies with the subarea plan. Zoning The proposed zoning for this annexation is the Urban Estate (U-E) zone district. The City of Fort Collins Land Use Code describes this zone district as follows: “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.” Additionally, staff is recommending that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90 days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12- 107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. 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. Current Zoning Map (PDF) 2. Structure Plan Map (PDF) -1- ORDINANCE NO. 028, 2018 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 WATER TREATMENT FACILITY ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP 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, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on January 18, 2018, unanimously recommended zoning the property to be known as the Water Treatment Facility Annexation No. 3 (the “Property”) as Urban Estate (“U- E”) zone district as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as 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 in the Urban Estate (“U-E”) Zone District as more particularly described as: -2- A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N88°12'10"W, A DISTANCE OF 2,416.49 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE S89°37'32"E, A DISTANCE OF 2,415.93 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 2; THENCE ALONG SAID WESTERLY BOUNDARY, S88°37'40"W, A DISTANCE OF 699.44 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S86°27'28"E, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. CONTAINING 51,508 SQUARE FEET (1.182 ACRES), MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is 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 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk