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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/05/2019 - SECOND READING OF ORDINANCE NO. 006, 2019, AMENDINAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY February 5, 2019 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 006, 2019, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Friendly Fire Enclave 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 January 15, 2019, zones the property included in the Friendly Fire Enclave Annexation into the Limited Commercial (C-L) zone district and Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 15, 2019 (PDF) 2. Ordinance No. 006, 2019 (PDF) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 15, 2019 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 006, 2019, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Friendly Fire Enclave 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 Friendly Fire Enclave Annexation into the Limited Commercial (C-L) zone district and Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Transition (T) Professional Office (Salud Medical Center), Commercial Retail (Boo Bicycles) South Neighborhood Conservation Low Density District (NCL) Single Family Residence East Low Density Mixed-Use Neighborhood Residential (Leeper Mobile Home Park), Commercial (Micromat Laundromat) West Transition (T) Professional Office (Salud Medical Center) Zoning The property is currently zoned I-Industrial as assigned by Larimer County. The proposed zoning for this annexation is the Limited Commercial (C-L) zone district. The proposed zoning complies with the City of Fort Collins Structure Plan and Northwest Subarea Framework Plan. The parcels contain a combination of existing residential, and commercial uses. The purpose of the Limited Commercial (C-L) zone district is as follows: ATTACHMENT 1 COPY Agenda Item 7 Item # 7 Page 2 “The Limited Commercial District is intended for areas primarily containing existing, small commercial uses that are adjacent to residential neighborhoods. Many of these areas have transitioned over time from residential to commercial uses. The purpose of this district is to allow small scale nonresidential uses to continue to exist or to expand while still protecting surrounding residential areas, provided that such areas have been designated under an adopted subarea plan as being appropriate for the C-L District. Existing development of the site aligns with this purpose statement. Northwest Subarea Plan The subject parcels are contained within the Northwest Subarea Plan boundary, adopted in 2006 and covers 4.3 square miles in the general area between Mulberry Street, Overland Trail, County Road 50 and Shields Street. The Plan was jointly adopted by both the City of Fort Collins and Larimer County. The Plan states the following about the Limited Commercial Zone district: “Where it Applies: The Framework Plan designates Limited Commercial in discreet portions of the Subarea (along Laporte, North of the cemetery, near Shields and Vine and Taft Hill and Laporte intersections). These locations generally correspond to existing commercial activities, where additional infill or redevelopment may be possible. Any new commercial development would be small in scale and designed to be compatible with the adjacent neighborhoods it serves. These designated areas contain a mix of activities and uses, including a distribution company, a furniture store, a gas station and other uses, most of which are independently owned and have been in the area for many years.” (page 18) “Purpose and Intent. The City and County anticipate and will encourage reinvestment and redevelopment on these sites, as properties begin to change hands, to ensure that new uses are compatible with nearby residential neighborhoods. The intent for future development is to recognize pre-existing commercial uses in the Northwest Subarea while at the same time allowing flexibility for private reinvestment. Uses and activities beneficial to and compatible with the neighborhoods should continue to occur. New development should be screened, have only limited amounts of outdoor storage, and be attractive.” (page 19) “Current Zoning. These locations are currently zoned FA-Farming, Industrial, C-Commercial, LMN- Low Density Mixed-Use Neighborhood, and O-Open.” According to the Northwest Subarea Plan Framework Plan, the subject parcel should be placed into the Limited Commercial zone district. The proposed zoning, Limited Commercial, complies with the Subarea Plan. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board voted 7-0 to recommend approval of the zoning, December 20, 2018. This unanimous action was taken as part of the Board’s Consent Calendar. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. City staff held a stakeholder meeting October 11, 2018, to answer questions and inform residents and owners of property within the Friendly Fire Enclave Annexation of any changes that may result from annexing into the City. No one was in attendance for the meeting and staff provided subsequent follow-up with one property owner over-the-phone and sent a FAQ sheet that was prepared in advance of the meeting. COPY Agenda Item 7 Item # 7 Page 3 In addition to the neighborhood meeting, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation, they are: 1. Posting “Development Proposal Under Review” sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An email newsletter called “This Week in Development Review” is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) 3. Northwest Subarea Plan Framework Plan (PDF) COPY -1- ORDINANCE NO, 006, 2019 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 FRIENDLY FIRE ENCLAVE 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 December 20, 2018, unanimously recommended zoning the property to be known as the Friendly Fire Enclave Annexation (the “Property”) as more particularly described below as Limited Commercial (L-C), and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; 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 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 in the Limited Commercial (“L-C”) Zone District the Property more particularly described as: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -2- COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 TO BEAR N89°14'43"W, 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 NORTHWEST QUARTER OF SAID SECTION 10, N89°14'43"W, A DISTANCE OF 615.00 FEET TO THE SOUTHEAST CORNER OF THE FORNEY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST BOUNDARY OF SAID ANNEXATION, N00°23'46"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID FORNEY ANNEXATION THE FOLLOWING NINE (9) COURSES: 1. N89°14'43"W, A DISTANCE OF 493.58 FEET; 2. N00°23'46"E, A DISTANCE OF 120.00 FEET; 3. S89°14'37"E, A DISTANCE OF 85.00 FEET; 4. N00°23'46"E, A DISTANCE OF 50.00 FEET; 5. S89°14'44"E, A DISTANCE OF 83.00 FEET; 6. S00°23'46"W, A DISTANCE OF 21.00 FEET; 7. S89°14'44"E, A DISTANCE OF 86.39 FEET; 8. N07°37'19"W, A DISTANCE OF 72.44 FEET; 9. S87°54'20"E, A DISTANCE OF 249.40 FEET TO A POINT ON THE WEST BOUNDARY OF THE RADIO CITY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°23'46"W, A DISTANCE OF 214.83 FEET TO THE POINT OF BEGINNING. CONTAINING 89,595 SQUARE FEET (2.057 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 15th day of January, A.D. 2019, and to be presented for final passage on the 5th day of February, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk