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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/05/2019 - SECOND READING OF ORDINANCE NO. 012, 2019, AMENDINAgenda Item 9 Item # 9 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. 012, 2019, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby Substation 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 Trilby Substation Enclave Annexation into the Public Open Lands (P-O-L) 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, January 15, 2019 (PDF) 2. Ordinance No. 012, 2019 (PDF) Agenda Item 13 Item # 13 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. 012, 2019, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby Substation 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 Trilby Substation Enclave Annexation into the Public Open Lands (P-O-L) 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 annexation is Public Open Lands (P-O-L), which conforms to the larger surrounding area known as Colina Mariposa and Hazaleus Natural Areas. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Public Open Lands (P-O-L) Hazaleus Natural Area South Low Density Mixed-Use Neighborhood Colina Mariposa Natural Area East Low Density Mixed-Use Neighborhood Colina Mariposa Natural Area West Low Density Mixed-Use Neighborhood Colina Mariposa Natural Area ATTACHMENT 1 COPY Agenda Item 13 Item # 13 Page 2 Zoning The property is currently zoned FA1-Farming as assigned by Larimer County. The proposed zoning for this annexation is the Public Open Lands (P-O-L) zone district. The existing use of the enclaved parcel is as a Poudre Valley Rural Electric Association (PVREA) electric substation which is classified as a minor public facility and is a listed permitted use in the P-O-L zone district. The Land Use Code describes this zone district as follows: “A district for large publicly-owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation.” Existing development of the site aligns with this purpose statement. 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 proposed zoning and placement into the Residential Neighborhood Sign District, December 20, 2018. This unanimous action was taken as part of the Board’s consent agenda; therefore, no minutes of the meeting are provided. 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, September 26, 2018, to answer questions and inform Poudre Valley Rural Electric Association (PVREA) and others affected by the Kechter Farm Enclave and Strauss Cabin Enclave, of any changes that may result from being annexed into the City. Though a representative was not present at the meeting staff followed up with PVREA over the phone to outline the process and answer any questions. PVREA did not express any objections or concerns over the annexation. 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) COPY -1- ORDINANCE NO, 012, 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 TRILBY SUBSTATION 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 Trilby Substation Enclave Annexation (the “Property”) as more particularly described below as Public Open Lands (P-O-L), 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 Public Open Lands (“P-O-L”) Zone District the Property more particularly described as: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 6 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 NORTHWEST CORNER OF SAID SECTION 14, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO BEAR N88°46’29"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14, N88°46'29"E, A DISTANCE OF 300.00 FEET; THENCE S01°13'31"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE TIMAN ANNEXATION TO THE CITY OF FORT COLLINS, N88°46'29"E, A DISTANCE OF 295.16 FEET; THENCE ALONG THE BOUNDARY OF THE AMENDED PLAT OF TRILBY HEIGHTS THIRD ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THREE (3) COURSES: 1. S01°13'31"E, A DISTANCE OF 265.16 FEET; 2. S88°46'29"W, A DISTANCE OF 295.16 FEET; 3. N01°13'31"W, A DISTANCE OF 265.16 FEET TO THE POINT OF BEGINNING. CONTAINING 78,265 SQUARE FEET (1.797 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. 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