HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2019 - SECOND READING OF ORDINANCE NO. 010, 2019, AMENDINAgenda Item 21
Item # 21 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. 010, 2019, Amending the Zoning Map of the City of Fort Collins and
Classifying For Zoning Purposes the Property Included in the Strauss Cabin 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 Strauss Cabin Enclave Annexation into the Urban Estate (U-E) 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. 010, 2019 (PDF)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 15, 2019
City Council
STAFF
Kai Kleer, Associate Planner
Ted Shepard, Chief Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Zoning of the Strauss Cabin Enclave Annexation.
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.
A. Resolution 2019-007 Amending the City’s Structure Plan Map.
B. First Reading of Ordinance No. 010, 2019, Amending the Zoning Map of the City of Fort Collins and
Classifying For Zoning Purposes the Property Included in the Strauss Cabin Enclave 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 amend the Structure Plan and zone the property included in the Strauss Cabin
Enclave Annexation into the Urban Estate (U-E) zone district and Residential Neighborhood Sign District.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Context
The surrounding zoning and land uses are as follows:
DIRECTION ZONE DISTRICT LAND USE
NORTH Low Density Mixed-Use Neighborhood (L-M-
N)
Single-Family Residential (Kechter Farm
Subdivision); Kinard Junior High School
SOUTH Low Density Mixed-Use Neighborhood (L-M-
N)
Single- Family Residential (Kechter Farm
Subdivision)
EAST Low Density Mixed-Use Neighborhood (L-M-
N)
Single-Family Residential Fossil lake PUD
WEST Low Density Mixed-Use Neighborhood (L-M-
N)
Single-Family Residential (Kechter Farm
Subdivision)
ATTACHMENT 1
COPY
Agenda Item 11
Item # 11 Page 2
Zoning
The property is currently zoned FA1 - Farming as assigned by Larimer County. The proposed zoning for this
annexation is the Urban Estate (U-E) zone district. The zoning will require a Structure Plan Amendment for the
eastern portion of the enclave while the western half complies with the City of Fort Collins Structure Plan and
Fossil Creek Reservoir Area Land Use Framework Plan. The parcels contain a combination of single-family
homes, agricultural outbuildings, one vacant parcel and a place of worship. The purpose of the Urban Estate (U-
E) zone district is as follows:
“The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot
housing. The main purposes of this District are to acknowledge the presence of the many existing
subdivisions which have developed in these uses that function as parts of the community and to provide
additional locations for similar development, typically in transitional locations between more intense
urban development and rural or open lands.”
The existing conditions within the enclave align with this purpose statement.
Fossil Creek Reservoir Area Plan
The subject parcels are contained within the Fossil Creek Reservoir Area Plan. This Plan was adopted in 1999
and covers 5,062 acres of land in southeast Fort Collins. The creation of the sub-area plan was a joint effort
between the City of Fort Collins and Larimer County and is an element of the Larimer County Land Use Plan.
The Plan states:
“The Land Use Framework Plan balances urban development with conservation of natural resources
and compatibility with existing development in the area. Mixed-use Neighborhood development is
concentrated in the northern portion of the area. The area around and south of the reservoir is largely
identified as a resource management area targeted primarily for implementing strategies to protect the
area from development. Estate Residential development will provide the transition from the more
intensive development in the north to rural residential in the south…”
“Estate Residential (Urban Estate). Neighborhoods in this area will consist of single-family homes on
larger lots than those found in mixed-use residential neighborhoods. The Land Use Framework Plan
calls for Estate development north and west of the reservoir, providing a gradual transition between
urban development and open lands. Estate areas will vary from lots between one-half and one acre in
size, to lots of up to five acres or more, with overall gross density ranges from .5 to 2 units per acre. This
category provides for large lot single family residential development of the type already found in the
northwestern portion of the study area. The Estate Residential classification will require design and
development standards agreed upon by both Larimer County and the City of Fort Collins.”
Structure Plan Amendment Process
Section 2.9.4(H)(2)(a) allows a zoning request to be satisfied if the proposed request is consistent with the
City’s Comprehensive Plan (The Structure Plan is a component of the Comprehensive Plan.)
According to Council Resolution 2014-086, Revisions to the Structure Plan, an element of City Plan, can be
considered by City Council after a recommendation by the Planning and Zoning Board and may be processed
at any time when brought forward by City Staff. The plan amendment requires two findings:
• The existing City Plan and/or any related element thereof (e.g., Structure Plan) is in need of the proposed
amendment, and
COPY
Agenda Item 11
Item # 11 Page 3
• 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.
Staff’s analysis of the need to amend the City of Fort Collins Structure Plan:
Currently, the Structure Plan and Fossil Creek Area Land Use Framework Map indicates all property contained
within the enclave annexation east of Strauss Cabin Road be zoned Rural Lands District (R-U-L). The property
is constrained on its eastern edge by the ridge of the Poudre River Valley. Beyond the ridge, moving east, the
grade slopes down 40 feet into the floor of the valley and then into Interstate 25.
The four affected RUL properties are comprised of the following:
Address Use Size (Acres)
5236 Strauss Cabin Road Place of worship / counseling 1.82
5416 Strauss Cabin Road Single Family residence 3.30
5416 Strauss Cabin Road Vacant 3.00
5550 Strauss Cabin Road Single Family Residence w/ agricultural
outbuildings.
4.40
The Structure Plan amendment is in need of an amendment to better match the existing character of the three
developed lots. If the aforementioned residential properties were brought into the City of Fort Collins under the
Rural Lands District, the required density of 1 dwelling unit per 10-acres would be unachievable by any future
development or redevelopment of existing residential lots. The existing place of worship would also be
considered a non-conforming use and be restricted to any future enlargement, expansion or construction on the
site. As can be seen in the above chart, no parcel complies with minimum 10-acre lot sizes as required by the
RUL district.
Staff’s analysis that 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 Structure Plan Map amendment will allow annexation and Urban Estate zoning that will allow for
the future development or redevelopment of the four affected properties that is consistent with the character of
the area and is supported by City Plan Principles and Policies. The existing character to the west of Strauss
Cabin Road consists of large lot single family residences which reflect the eastern side of the road. The ridge
and 40 foot wall created by the Poudre River acts as a natural buffer to the existing Rural Lands zoning to the
east.
The recommendation of Urban Estate is consistent with the following Principles and Policies of the City’s
Comprehensive Plan:
• Principle LIV 27-Urban Estate Neighborhoods will provide a setting for a predominance of low-density and
large-lot housing.
• Policy LIV 27.2-Existing County Subdivisions and Urban Estate Neighborhoods No significant changes to
the character of Urban Estate Neighborhoods will be initiated as a result of City Plan. The purpose of their
inclusion on the City Structure Plan is to acknowledge their presence as a part of the Fort Collins community.
Changes, if any, will be carefully planned and will result from initiatives by residents or from a specific
subarea plan prepared in collaboration with residents. Any further subdivision of lots will be limited to a
minimum of one-half (1/2) acre.
CITY FINANCIAL IMPACTS
There are no financial impacts as a result of the proposed zoning.
COPY
Agenda Item 11
Item # 11 Page 4
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board voted 7-0 to recommend approval of the proposed Structure Plan amendment,
Urban Estate (U-E) zoning, and placement into the Residential Neighborhood Sign District, December 20, 2018.
This unanimous action was taken as part of the Board discussion agenda (Attachment 4).
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 those affected by
the Kechter Farm Enclave and Strauss Cabin Enclave, of any changes that may result from being annexed into
the City.
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.
Main concerns focused around the involuntary nature of the annexation.
ATTACHMENTS
1. Zoning Map (PDF)
2. Structure Plan Map (PDF)
3. Fossil Creek Reservoir Area Land Use Framework Plan (PDF)
4. Planning and Zoning Minutes Excerpt, December 20, 2018 (PDF)
COPY
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ORDINANCE NO, 010, 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 STRAUSS CABIN 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 Strauss Cabin Enclave Annexation (the “Property”) as more particularly described
below as Urban Estates (U-E), 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 Property; 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/or 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
in the Urban Estates (“U-E”) Zone District the Property more particularly described as:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, THE SOUTHEAST
QUARTER OF SECTION 4, THE NORTHEAST QUARTER OF SECTION 9, AND THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
-2-
MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 4, AND CONSIDERING THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO BEAR S01°49'10"E, BASED UPON GPS
OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE N88°36'06"W, A DISTANCE OF 30.05 FEET;
THENCE S01°49'10"E, A DISTANCE OF 493.33 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE BOUNDARY OF THE RIVERWALK ANNEXATION TO THE CITY OF FORT
COLLINS THE FOLLOWING EIGHT (8) COURSES:
1. N88°10'50"E, A DISTANCE OF 65.00 FEET;
2. S17°13'48"E, A DISTANCE OF 642.38 FEET;
3. S01°50'02"W, A DISTANCE OF 208.47 FEET;
4. S23°39'02"E, A DISTANCE OF 631.96 FEET;
5. S32°46'32"E, A DISTANCE OF 144.50 FEET;
6. S01°46'32"E, A DISTANCE OF 289.41 FEET;
7. S09°16'32"E, A DISTANCE OF 283.78 FEET;
8. S00°55'24"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE NORTH BOUNDARY OF THE
EAGLE VIEW NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID NORTH BOUNDARY, N89°04'36"W, A DISTANCE OF 506.64 FEET TO THE
SOUTHEAST CORNER OF THE THIRD TRACT DESCRIBED IN EMERGENCY ORDINANCE NO. 130, 2008,
BY WHICH SAID TRACT WAS DISCONNECTED FROM THE CITY;
THENCE ALONG THE SOUTH AND WEST BOUNDARIES OF SAID TRACT THE FOLLOWING TWO (2)
COURSES:
1. N89°04'36"W, A DISTANCE OF 59.02 FEET;
2. N01°48'47"W, A DISTANCE OF 60.56 FEET TO A POINT ON THE NORTH BOUNDARY OF THE
McCLELLAND’S CREEK PD & PLD SECOND FILING ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ALONG SAID NORTH BOUNDARY, N88°11'39"W, A DISTANCE OF 633.99 FEET TO A POINT ON
THE EAST BOUNDARY OF THE WILLOW BROOK SECOND ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ALONG SAID EAST BOUNDARY, N01°44'57"W, A DISTANCE OF 1,240.70 FEET TO THE
SOUTHWEST CORNER OF THE OLD OAK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG THE SOUTH BOUNDARY OF SAID OLD OAK ESTATES ANNEXATION, S88°11'41"E, A
DISTANCE OF 632.47 FEET TO THE SOUTHWEST CORNER OF THE SECOND TRACT DESCRIBED IN
SAID EMERGENCY ORDINANCE NO. 130, 2008;
THENCE ALONG THE WEST BOUNDARY OF SAID TRACT, N01°49'10"W, A DISTANCE OF 850.17 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1,526,187 SQUARE FEET (35.036 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.
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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