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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/19/2018 - SECOND READING OF ORDINANCE NO. 074, 2018, AMENDINAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 19, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 5, 2018, zones the property included in the Aweida Annexation into the Low Density Mixed-Use Neighborhood zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 5, 2018 (PDF) 2. Ordinance 074, 2018 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to Zoning the Aweida Annexation. EXECUTIVE SUMMARY A. Resolution 2018-056 Amending the City’s Structure Plan Map. This Ordinance 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. B. Public Hearing and First Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. The purpose of this item is to zone the property included in the Aweida Annexation into the Low Density Mixed- Use Neighborhood zone district. A Council amendment of the City Structure Plan Map is necessary to allow for the Aweida Annexation to be zoned L-M-N. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION The Aweida Annexation includes one vacant parcel owned by Aweida Properties, Inc., and right-of-way owned by Larimer County. The right-of-way for a portion of S. Taft Hill Road and W CR 38 E is included in the annexation to provide continuity of service for the City of Fort Collins. The surrounding land uses and zoning are as follows: Direction Existing Land Use Zone District North Commercial (County) Commercial (County) South Residential (County) R Rural Estate (County) East Residential Low Density Mixed-Use Neighborhoods West Residential (County) R Rural Estate (County) The requested zoning for this annexation is L-M-N. The City Structure Plan Map, an element of City Plan, currently classifies the Aweida Annexation as Urban-Estate which corresponds to the Urban Estate (UE) zoning upon annexation. A Council amendment of the City Structure Plan Map is necessary to allow for the Aweida ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 Annexation to be zoned L-M-N. The resolution to amend the map is included at first reading of the annexation and zoning ordinances. The request to amend the City Structure Plan Map, an element of City Plan and referred to as the Plan Amendment, is needed to re-designate approximately 0.862 acres of land from Urban Estate (U-E) to Low Density Mixed-Use Neighborhood (L-M-N). Future development in the U-E zoning requires a minimum ½ acre lot. The Aweida parcel is 0.44 acres, less than the ½ acre minimum. The proposed L-M-N designated land is necessary to accommodate a proposed project that is consistent with City policies related to mixed-use development, is consistent with adjacent L-M-N zoning near a neighborhood center, and facilitates the coordination of public street infrastructure improvements. The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. The proposed amendment to the City Structure Plan Map is limited to a single element of City Plan and, therefore, constitutes a Minor Amendment. The property is bordered by existing single-family homes to the south and west, the existing JJ’s commercial center to the north, and existing L-M-N zoned neighborhood to the east. This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Staff recommends that the subject property be included in the Residential Neighborhood Sign District which was established for the purpose of regulating signs for non-residential uses in areas of the community where the predominant character of the neighborhood is residential. 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 4-0 (the Board Chair recused himself) to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the Low Density Mixed-Use Neighborhoods (L-M-N) zone district. This unanimous action was taken as part of the Board’s consent agenda, therefore, there are no minutes. PUBLIC OUTREACH A neighborhood meeting was held on March 22, 2018, that was attended by six residents from the notification area. Staff received mixed feedback from participants either in support for the annexation and future development project, concerns of potential impacts of the future development project, and the potential for a future annexation that includes a larger area. ATTACHMENTS 1. Vicinity map (PDF) 2. Zoning map (PDF) 3. Structure Plan map (PDF) 4. Neighborhood Meeting Summary (PDF) -1- ORDINANCE NO. 074, 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 AWEIDA 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, on a 4-0 vote (the Board Chair recused himself) recommended zoning the property to be known as the Aweida Annexation (the “Property”) as Low Density Mixed-Use Neighborhood as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, in Resolution 2018-056, the City Council amended the City Structure Plan Map to designate the Property as Low Density Mixed-Use Neighborhood; 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 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 -2- the Property in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 33 as bearing South 00°06'18" East and with all bearings contained herein relative thereto: BEGINNING at the East Quarter corner of said Section 33; thence along the East line of the Southeast Quarter of said Section 33, said line also being the West line of the Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book 1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet; thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right of way line of South Taft Hill Road; thence along the South line of a parcel of land recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33" West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'50" East, 131.75 feet; thence departing said line, North 00°15’33” West, 59.96 feet to a point on the South line of a parcel of land recorded at Reception No. 20070027078 Larimer County Clerk and Recorder; thence along said line, North 89°44’26” East, 98.37 feet to the Southwest corner of a parcel of land recorded at Reception No. 20060042003 Larimer County Clerk and Recorder; thence along said parcel the following four (4) courses and distances, North 00°08’23” East, 20.00 feet; thence, North 89°44’27” East, 20.00 feet; thence, North 00°00’00” East, 10.00 feet; thence, North 89°44’29” East, 15.02 feet to a point on the West right of way line of South Taft Hill road; thence departing said line, South 89°51’37” East, 50.00 feet to point on the East line of the Northeast Quarter of Section 33; thence, South 00°08’23” West, 59.65 feet to the Point of Beginning. The above described tract of land contains 37,537 square feet or 0.862 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 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