HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2018 - SECOND READING OF ORDINANCE NO. 104, 2018, AMENDINAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY August 21, 2018
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 104, 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 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.
This Ordinance, unanimously adopted on First Reading on July 17, 2018, zones 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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 17, 2018 (w/o attachments) (PDF)
2. Ordinance 104, 2018 (PDF)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY July 17, 2018
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 104, 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 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
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
ATTACHMENT 1
Agenda Item 14
Item # 14 Page 2
zoning for this annexation is procedural and consistent with land use designations as prescribed by the City of
Fort Collins Structure Plan Map.
Residential Neighborhood Sign District
Land Use Code Section 3.8.7.1(E) established the Residential Neighborhood Sign District for the purpose of
“regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly
affected by such signs because of their predominately residential use and character.” Based upon the proposed
zoning, size, and location of the property being annexed and zoned, the property does not advance the purpose
of the Residential Neighborhood Sign District and staff is not recommending that any of the property be placed
into the Residential Neighborhood Sign District. In particular, the property proposed to be zoned Low Density
Mixed Use Neighborhood (L-M-N) is a narrow strip of property inappropriate for development. Additionally, it
abuts property to the west designated for zoning as General Commercial upon annexation and the property to
the east is expected to become part of the Town of Timnath’s future Growth Management Area.
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)
3. Planning and Zoning Board minutes, May 17, 2018 (excerpt) (PDF)
-1-
ORDINANCE NO. 104, 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
-2-
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;
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;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
-4-
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 17th day of
July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of August, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk