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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2018 - FIRST READING OF ORDINANCE NO. 076, 2018, AMENDINGAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the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 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I), which conforms to the larger surrounding area. Context The surrounding zoning and land uses are as follows: ZONING LAND USES N Industrial (I) and Urban Estate (U-E) Agriculture S General Commercial (C-G) Drive-thru restaurant, McDonald’s; Limited Indoor Recreation, The Edge Sports Center E County, M1 Multiple-Family and C Multiple Family Mobile Home Park, Cloverleaf Community W County, I Industrial and C Industrial Helicopter Repair and Parts Sales, Heli-One; Warehouse and Agriculture Zoning The proposed zoning for the subject annexation is a combination of General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. These districts are intended to be a setting for development, redevelopment and infill of a wide range of industrial, residential, community and regional retail Agenda Item 12 Item # 12 Page 2 uses, offices and personal and business services. However, because the restrictive size and shape of the annexation, future development is likely unfeasible on the annexed properties. Therefore, the recommended zoning for this annexation is procedural and consistent with land use designations as prescribed by the City of Fort Collins Structure Plan Map. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the subject properties be placed into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. (Attachment 3) PUBLIC OUTREACH Given the surrounding context of the East Gateway annexation and the relatively small size of the properties, no public outreach in relation to the zoning was conducted. However, all required mailings and postings per Section 2.9 (Amending the Zoning Map) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir S u ncha s e Dr Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fro n tage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o -1- ORDINANCE NO, 076, 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 EAST GATEWAY ANNEXATION 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 May 17, 2018, unanimously recommended zoning the property to be known as the East Gateway Annexation (the “Property”) as more particularly described below, as General Commercial, Industrial, and Low Density Mixed-Use Neighborhood, and determined that the proposed zonings are consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zonings of the Property are consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zonings against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zonings to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zonings 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 following portion of the Property in the General Commercial (“G-C”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED -2- AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, 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 THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 94.71 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 205.95 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY; THENCE ALONG SAID WESTERLY BOUNDARY, S00°37'38"W, A DISTANCE OF 71.79 FEET TO THE POINT OF BEGINNING. CONTAINING 6,948 SQUARE FEET (0.160 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 following portion of the Property in the Industrial (“I”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS -3- WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, 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 THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 94.71 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,525.64 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,025.62 FEET; THENCE S00°37'38"W, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 37,390 SQUARE FEET (0.858 ACRES), MORE OR LESS Section 4. 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 following portion of the Property in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; -4- THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 5.23 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,575.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 18.38 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 32,624 SQUARE FEET (0.749 ACRES), MORE OR LESS Section 5. 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 not included in the Residential Neighborhood Sign District. Section 6. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. -5- Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Structure Plan Map City Limits - Outline Commercial Corridor District Industrial District Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area POL LMN CG I ATTACHMENT 2 ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW I CG LMN CC I UE East Gateway Annexation CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22 Miles Scale 1:6,000 © Zoning Map City Limits - Outline City Limits Community Commercial (CC) General Commercial (CG) Industrial (I) Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) Annexation Area Cloverleaf Community Air Care Colorado Sunstate Equipment Annexation Area ATTACHMENT 1