HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2018 - SECOND READING OF ORDINANCE NO. 030, 2018, AMENDINAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY February 20, 2018
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 030, 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. 4 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 fourth of four sequential annexations, known as the Water Treatment Facility Annexation No. 4. Water
Treatment Facility Annexation No. 4 is located between Hollywood Street and the Horsetooth Reservoir. The
proposed zoning for this annexation is Urban Estate (U-E) and Residential Foothills (R-F). The surrounding
properties are existing residential, municipal facilities, state college facilities, and federal facilities currently
zoned FA-Farming and O-Open Zone Districts in Larimer County to the north, south and west. The abutting
Water Treatment Facility Annexation No. 3 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. 030, 2018 (PDF)
Agenda Item 19
Item # 19 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. 030, 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. 4 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 fourth of four sequential annexations, known as
the Water Treatment Facility Annexation No. 4. Water Treatment Facility Annexation No. 4 is located between
Hollywood Street and the Horsetooth Reservoir. The proposed zoning for this annexation is Urban Estate (U-E)
and Residential Foothills (R-F). The surrounding properties are existing residential, municipal facilities, state
college facilities, and federal facilities currently zoned FA-Farming and O-Open Zone Districts in Larimer County
to the north, south and west. The abutting Water Treatment Facility Annexation No. 3 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 all portions of the Water Treatment Facility Annexation No. 4 east of North Overland
Trail is Urban Estate (U-E) and all portions west of North Overland Trail is Residential Foothills (R-F).
Furthermore, the requested zoning conforms to the larger surrounding area of existing single-family residential
homes, municipal facilities, state college facilities, and federal facilities.
The surrounding land uses are as follows:
Zoning Land Use
N County FA Existing single-family residential, National Guard Facility, Colorado State
University Facilities
S County FA Existing single-family residential, Colorado State University Facilities
E City Urban Estate (U-E) Laporte Avenue right-of-way (Water Treatment Facility Annexation No.
3)
W County FA Horsetooth Reservoir, Soldier Canyon Water Treatment Facility
ATTACHMENT 1
Agenda Item 19
Item # 19 Page 2
Northwest Subarea Plan
A portion of Annexation No. 4 that is within the Growth Management Area is part of the Northwest Subarea
Planning 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 Urban Estate and Residential
Foothills zone districts as follows:
“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.”
“The Residential Foothills (RF) designation within this area helps achieve a number of goals of the
community while balancing property owner interests, including allowing low density residential
development pattern that is appropriate in an urban/rural transition area. The RF designation west of
Overland Trail adjacent to the Foothills will help retain views of mountains and provide contiguous open
space and access to foothills. It also allows opportunities to protect natural features, including marsh
and wet meadows and riparian forests, which are frequented by a variety of wildlife. Base density is the
same as underlying County zoning; however, the one-unit per acre overall density with cluster
development allows higher density than current County zoning of one (1) unit per 2.29 acres. The
Residential Foothills category also helps “feather.”
According to the Northwest Subarea Plan Land Use Map, the subject tract of land should be placed into the
Urban Estate zone district east of North Overland Trail and Residential Foothills west of North Overland Trail.
The proposed zoning, U-E, Urban Estate and R-F, Residential Foothills complies with the subarea plan.
Zoning
The proposed zoning for this annexation is the Urban Estate (U-E) and Residential Foothills (R-F) zone districts.
The City of Fort Collins Land Use Code describes this zone districts 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.”
“Purpose. The Residential Foothills District designation is for low density residential areas located near
the foothills.”
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.
Agenda Item 19
Item # 19 Page 3
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) and Residential Foothills (RF)
Zone Districts. 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. 030, 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. 4 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. 4 (the “Property”) as Urban Estate (“U-
E”) and Residential Foothills (“R-F”) zone districts 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 AND THE EAST HALF OF SECTION
8, 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 ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES:
1. N88°54'50"W, A DISTANCE OF 1,762.43 FEET;
2. S00°23'29"W, A DISTANCE OF 10.00 FEET;
3. N88°54'50"W, A DISTANCE OF 588.26 FEET;
4. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90°45'15", AND A CHORD WHICH BEARS S45°42'32"W A DISTANCE
OF 21.35 FEET;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W, A DISTANCE OF
107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND
TRAIL AND THE SOUTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE;
THENCE CROSSING THE RIGHT OF WAY OF LAPORTE AVENUE, N05°52’33"E, A DISTANCE OF
153.49 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND
TRAIL AND THE NORTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S69°04'07"E, A DISTANCE OF 90.46
FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF OVERLAND TRAIL
AND THE NORTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S69°19'37"E, A DISTANCE OF 26.19 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S88°54'50"E, A DISTANCE
OF 2,345.88 FEET TO A POINT ON THE WEST BOUNDARY OF SAID MOUNTAIN VIEW SCHOOL
ANNEXATION;
THENCE N89°37’32"W, A DISTANCE OF 2415.93 FEET TO THE WEST QUARTER CORNER OF SAID
SECTION 9;
THENCE S88°12’10"E, A DISTANCE OF 2416.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.008 ACRES, MORE OR LESS
Section 3. 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 Residential Foothills (“R-F”) Zone District as more particularly described as:
A TRACT OF LAND LOCATED IN SECTION 8 AND THE NORTHEAST QUARTER OF SECTION 7,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF
-3-
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; THENCE ALONG SAID SOUTH RIGHT-
OF-WAY LINE THE FOLLOWING FOUR (4) COURSES:
5. N88°54'50"W, A DISTANCE OF 1,762.43 FEET;
6. S00°23'29"W, A DISTANCE OF 10.00 FEET;
7. N88°54'50"W, A DISTANCE OF 588.26 FEET;
8. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET,
A CENTRAL ANGLE OF 90°45'15", AND A CHORD WHICH BEARS S45°42'32"W A DISTANCE
OF 21.35 FEET;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W, A DISTANCE OF
107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND
TRAIL AND THE SOUTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8) COURSES:
1. S88°50'59"W, A DISTANCE OF 255.48 FEET;
2. N87°52'23"W, A DISTANCE OF 536.14 FEET;
3. N01°36'58"W, A DISTANCE OF 11.68 FEET;
4. S88°14'24"W, A DISTANCE OF 496.33 FEET;
5. S87°43'40"W, A DISTANCE OF 2,025.35 FEET;
6. ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN THE BARGAIN AND SALE DEED
RECORDED OCTOBER 30, 1963 IN BOOK 1226, PAGE 127, N75°57'18"W, A DISTANCE OF
996.25 FEET;
7. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127,
N85°44'28"W, A DISTANCE OF 966.93 FEET;
8. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127,
N85°51'13"W, A DISTANCE OF 1,287.07 FEET;
THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127
THE FOLLOWING FOUR (4) COURSES:
1. S00°47'02"W, A DISTANCE OF 278.19 FEET;
-4-
2. N89°12'58"W, A DISTANCE OF 60.00 FEET;
3. N00°47'02"E, A DISTANCE OF 1,110.00 FEET;
4. S89°12'58"E, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY LINE OF THAT
PARCEL OF LAND DESCRIBED IN THE INTERGOVERNMENTAL AGREEMENT RECORDED
MARCH 20, 1980 IN BOOK 2032, PAGE 855;
THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JULY 3, 1984 IN BOOK 2278,
PAGE 2163, N00°47'02"E, A DISTANCE OF 921.83 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2278, PAGE 2163,
N89°18'09"E, A DISTANCE OF 1,819.07 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2278, PAGE 2163
AND ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE 855,
S11°53'09"E, A DISTANCE OF 1,000.96 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF
LAND DESCRIBED IN THE WARRANTY DEED TO PLATTE RIVER POWER AUTHORITY RECORDED
FEBRUARY 10, 1981 IN BOOK 2104, PAGE 896;
THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY BOUNDARIES OF SAID TRACT
THE FOLLOWING THREE (3) COURSES:
1. S78°06'51"W, A DISTANCE OF 175.01 FEET;
2. S11°53'09"E, A DISTANCE OF 175.00 FEET;
3. N78°06'51"E, A DISTANCE OF 173.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID
PARCEL DESCRIBED IN BOOK 2032, PAGE 855;
THENCE ALONG SAID EASTERLY LINE, S10°51'20"E, A DISTANCE OF 15.10 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, S49°14'02"E, A DISTANCE OF 1,450.69 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING ELEVEN (11)
COURSES:
1. S75°57'18"E, A DISTANCE OF 36.44 FEET;
2. N87°43'40"E, A DISTANCE OF 1,584.77 FEET;
3. N00°26'54"E, A DISTANCE OF 20.43 FEET;
4. S85°38'55"E, A DISTANCE OF 188.73 FEET;
5. N87°22'37"E, A DISTANCE OF 263.57 FEET;
6. N88°23'15"E, A DISTANCE OF 654.58 FEET;
7. N00°20'15"E, A DISTANCE OF 9.18 FEET;
8. N88°23'15"E, A DISTANCE OF 325.79 FEET;
9. S00°20'14"W, A DISTANCE OF 4.99 FEET;
10. N88°23'15"E, A DISTANCE OF 246.47 FEET;
11. N54°50'50"E, A DISTANCE OF 72.56 FEET TO THE POINT OF INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF OVERLAND TRAIL;
THENCE CROSSING THE RIGHT OF WAY OF LAPORTE AVENUE, S05°52’33"W, A DISTANCE OF
-5-
153.49 FEET TO THE POINT OF BEGINNING;
CONTAINING 100.817 ACRES
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.
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