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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/15/2017 - SECOND READING OF ORDINANCE NO. 099, 2017, AMENDINAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the 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 July 18, 2017, zones the property included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Ordinance No. 099, 2017 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the 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 Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this enclave annexation is Urban Estate (UE), which is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Low Density Residential, Low Density Mixed-Use Neighborhood Single-Family Residential and Multi-Family Residential East Low Density Mixed-Use Neighborhood Single-Family Residential and Multi-Family Residential South Low Density Mixed-Use Neighborhood Single-Family Residential, School West Low Density Mixed-Use Neighborhood, Urban Estate Single-Family Residential, Greenhouse, and Church Fossil Creek Reservoir Plan The parcels are located within the Fossil Creek Reservoir Area Plan, a joint plan between the City of Fort Collins and Larimer County and adopted in 1998. The planning area covers 5,062 acres of the southeast region of Fort Collins within the GMA. The objectives of the Plan are to: ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 1. Build a self-supporting group of neighborhoods with a full complement of parks, schools and community facilities linked by open space systems and consistent with the County’s Master Plan and Fort Collins’ City Plan, Principles and Policies. 2. Provide for protection of sensitive wildlife habitat around the Reservoir as well as provide standards for such habitat conservation. 3. Provide neighborhood centers as a focal point for neighborhood activity. Provide a Neighborhood Commercial Center to serve surrounding neighborhoods including a grocery store or supermarket and other neighborhood oriented retail services. 4. Link the area to other districts and neighborhoods, encourage walking and bicycling, and accommodate transit service to the Neighborhood Commercial Center and other neighborhood centers. 5. Complement, but not compete with, development in the Harmony Corridor. 6. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan. 7. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. Zoning The proposed zoning for the subject annexation is Urban Estate (UE). The district allows for a limited number of uses when compared to the abutting Low Density Mixed-Use Neighborhood district. Uses permitted in the UE district are intended to be low-density and large-lot housing that acknowledges the existing subdivisions which have been already been developed. A cluster development option that allows shifting density to preserve open space is an option under UE zoning. Because of the subject enclave’s overwhelmingly residential use and character the property is recommended as an addition to the Residential Neighborhood Sign District. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION This item was unanimously passed by the Planning and Zoning Board by a 5-0 vote; however, the item was pulled from the consent calendar by two adjoining neighbors of the Blehm-Homestead Annexation. Several issues regarding potential development, density that the proposed Urban Estate zoning would allow, possibility of future road connections and the potential traffic impacts cause by redevelopment were expressed. While the annexation and zoning of the property does not qualify as development, questions posed by the two community members were answered during the subsequent discussion of the item and can be found in the attached Planning and Zoning Board, June 15, 2017, Minutes. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on February 23, 2017, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, and Utilities were present to explain any potential difference in electrical rates, fees, services, zoning and infrastructure. Agenda Item 12 Item # 12 Page 3 ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) 3. Planning and Zoning Board minutes, June 15, 2017 (draft) (PDF) -1- ORDINANCE NO, 099, 2017 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 BLEHM-HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO AND APPROVING CORRESPONDING CHANGES TO THE 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 June 15, 2017, unanimously recommended rezoning the property that is the subject of this Ordinance as set forth 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 subject property; and WHEREAS, the City Council has determined that the proposed zoning of the Blehm- Homestead Annexation property, as described below (the “Property”) 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 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 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 Blehm-Homestead Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property (the “Property”) is more particularly described as: -2- TRACT 1: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" 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 THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, N00°49'51"W, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, S89°29'46"W, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, N00°18'28"W, A DISTANCE OF 1,263.21 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 1,772.13 FEET TO A POINT ON THE WEST LINE OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°49'51"E, A DISTANCE OF 1,252.47 FEET TO THE POINT OF BEGINNING. CONTAINING 51.336 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. TRACT 2: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR N89°30'22"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S00°43'32"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°43'32"W, A DISTANCE OF 20.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID HH-36 ANNEXATION, N89°30'22"E, A DISTANCE OF 2,161.74 FEET TO THE NORTHWEST CORNER OF THE HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS; -3- THENCE ALONG THE WESTERLY BOUNDARY OF SAID HOMESTEAD ANNEXATION THE FOLLOWING THIRTEEN (13) COURSES: 1. 23.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S45°29'38"E A DISTANCE OF 21.21 FEET; 2. S00°29'38"E, A DISTANCE OF 115.00 FEET; 3. 345.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°30'22"W A DISTANCE OF 311.13 FEET; 4. S89°30'22"W, A DISTANCE OF 100.00 FEET; 5. 268.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 40°30'08", AND A CHORD WHICH BEARS S69°15'18"W A DISTANCE OF 263.06 FEET; 6. 21.12 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 80°39'36", AND A CHORD WHICH BEARS S89°20'02"W, A DISTANCE OF 19.42 FEET; 7. S39°39'51"W, A DISTANCE OF 60.00 FEET; 8. 38.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 749.38 FEET, A CENTRAL ANGLE OF 02°57'32", AND A CHORD WHICH BEARS S48°51'24"E A DISTANCE OF 38.69 FEET; 9. 261.83 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 319.98 FEET, A CENTRAL ANGLE OF 46°53'00", AND A CHORD WHICH BEARS S23°56'08"E, A DISTANCE OF 254.59 FEET 10. S00°29'38"E, A DISTANCE OF 223.46 FEET; 11. 32.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 36°52'12", AND A CHORD WHICH BEARS S17°56'28"W A DISTANCE OF 31.62 FEET; 12. 131.29 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 150°26'53", AND A CHORD WHICH BEARS S38°50'53"E, A DISTANCE OF 96.69 FEET; 13. S00°29'38"E, A DISTANCE OF 193.85 FEET TO A POINT ON THE NORTH LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, S89°39'21"W, A DISTANCE OF 1,758.96 FEET TO THE SOUTHEAST CORNER OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID KECHTER ANNEXATION NO. 3 THE FOLLOWING FOUR (4) COURSES: 1. N00°43'32"E, A DISTANCE OF 559.09 FEET; 2. S89°31'04"W, A DISTANCE OF 300.15 FEET; 3. N00°44'36"E, A DISTANCE OF 725.89 FEET; 4. N89°29'46"E, A DISTANCE OF 299.94 FEET TO THE POINT OF BEGINNING. CONTAINING 57.906 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. 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 known as the Blehm-Homestead Annexation and 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. -4- Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: __________________________ City Clerk