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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2018 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO.Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 127, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Sanctuary on the Green 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 16.98 acres. The site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. In accordance with the City Plan’s Structure Plan Map and the Northwest Subarea Plan, the requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Northwest Subarea Plan The parcel is located within the Northwest Subarea Plan, 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: “Purpose and Intent: The designation of Low Density Mixed-Use Neighborhood in this area is consistent with the current Structure Plan and existing neighborhoods and provides a transition between adjacent Old Town neighborhoods in the city and lower density subdivisions to the west. New neighborhoods should entail creative master planning to lead to visually attractive, pedestrian-friendly neighborhoods that have nearby services, parks, and other amenities.” (Page 15.) “Current Underlying Zoning: Some of the area is currently unincorporated with county zoning of FA-Farming. If a developer petitions to be annexed, the City typically allows a rezone to the LMN district.” (Page 16.) Agenda Item 8 Item # 8 Page 2 According to the Northwest Subarea Plan Framework Plan, the subject parcel should be placed into the L-M-N, Low Density Mixed-Use Neighborhood, zone district. The proposed zoning, L-M-N, complies with the Subarea Plan. Zoning The proposed zoning for the subject annexation is L-M-N, Low Density Mixed-Use Neighborhood. Per Section 4.5 of the Land Use Code, the purpose of the L-M-N zone district is as follows: “The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood.” “Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.” Future development under L-M-N zoning will be expected to comply with this purpose statement. Findings A. The requested zoning, L-M-N, Low Density Mixed-Use Neighborhood, is in conformance with the policies of the City's Comprehensive Plan and the Framework Plan of the Northwest Subarea Plan. B. The request is in conformance with Section 2.9, Amendment to the Zoning Map, of the City of Fort Collins Land Use Code. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its September 20, 2018, regular meeting, the Planning and Zoning Board voted 6-0 to recommend that the parcel be placed into the L-M-N, Low Density Mixed-Use Neighborhood District. Two citizens addressed the Board at the public hearing. • One citizen expressed support for the proposed zoning of L-M-N, Low Density Mixed-Use Neighborhood. • Another citizen expressed a concern about the safety procedures for a practice burn of the former house conducted by the Poudre Fire Authority back on May 22, 2018. The Poudre Fire Authority provided a written response to this citizen on September 25, 2018. Agenda Item 8 Item # 8 Page 3 PUBLIC OUTREACH A neighborhood information meeting was held on June 13, 2018. At this meeting, the following entitlement procedures were presented and discussed: • Annexation of the subject parcel; • Zoning of the subject parcel; • Potential development of the subject parcel plus the adjoining property to the west. Combined, these two parcels include approximately 41 acres; • An Overall Development Plan which would allow the 41 acres to be developed in phases; • A Project Development Plan for the first phase. At the neighborhood information meeting, the applicant initially presented a desire for placement into the M-M- N, Medium Density Mixed-Use Neighborhood zone district. The request has since been revised for placement into the L-M-N, Low Density Mixed-Use Neighborhood zone district. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan (JPG) 3. Zoning Map (PDF) Laporte Ave S Taft Hill Rd N Taft Hill Rd Sanctuary on Vicinity the Green Map Annexation Printed: October 05, 2018 © Sanctuary on the Green Annexation City Limits Annexation Area ATTACHMENT 1 Annexation Area N HiDllrcrest Cherry St W Oak St Grandview Ave C o riand e r Ln Bellwether Ln N Briarwood Rd Plains Ct W Mountain Ave Stephens St Pennsylvania St Tarragon Ln Webb Ave Irish Dr Hillcrest Dr S Impala Dr Briarwood Rd B asil Ln N Impala Dr M e rce r Dr Laporte Ave W Vine Dr S Taft Hill Rd N Taft Hill Rd RL T RL LMN LMN NCL UE POL Sanctuary Zoning on Map the Green CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: August 14, 2018 Parcels Buildings City Zoning ZONE -1- ORDINANCE NO, 127, 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 SANCTUARY ON THE GREEN 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 September 20, 2018, unanimously recommended zoning the property to be known as the Sanctuary on the Green Annexation (the “Property”) as Low Density Mixed- Use as more particularly described below 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 the Property in the Low Density Mixed Use (“L-M-N”) Zone District as more particularly described as: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, -2- TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; THENCE SOUTH 89°38’45" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY, THE FOLLOWING NINE (9) COURSES; 1. SOUTH 06°21’44" WEST, A DISTANCE OF 100.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 318.81 FEET; 3. NORTH 89°22'23" WEST, A DISTANCE OF 10.00 FEET; 4. SOUTH 00°37'23" WEST, A DISTANCE OF 250.00 FEET; 5. SOUTH 89°22'23" EAST, A DISTANCE OF 20.00 FEET; 6. SOUTH 00°37'23" WEST, A DISTANCE OF 474.18 FEET; 7. NORTH 89°30'07" WEST, A DISTANCE OF 7.50 FEET; 8. SOUTH 00°37'24" WEST, A DISTANCE OF 101.02 FEET; 9. SOUTH 52°54'45" EAST, A DISTANCE OF 61.20 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY OF LAPORTE AVENUE; THENCE SOUTH 89°30'06" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 88.28 FEET; THENCE SOUTH 00°37'23" WEST, A DISTANCE OF 42.50 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10; THENCE NORTH 89°30'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9; THENCE NORTH 00°37'23" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 9, A DISTANCE OF 380.78 FEET; THENCE NORTH 89°11'28" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY OF SAID NORTH TAFT HILL ROAD; THENCE NORTH 00°37'23" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 20170065218 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE, ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING SEVENTEEN (17) COURSES; 1. NORTH 89°11'28" WEST, A DISTANCE OF 140.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 210.00 FEET; 3. NORTH 89°11'28" WEST, A DISTANCE OF 449.79 FEET; 4. NORTH 07°27'22" WEST, A DISTANCE OF 88.61 FEET; 5. NORTH 05°33'47" EAST, A DISTANCE OF 50.50 FEET; 6. NORTH 28°31'47" EAST, A DISTANCE OF 60.60 FEET; 7. NORTH 53°20'47" EAST, A DISTANCE OF 82.24 FEET; 8. NORTH 49°50'47" EAST, A DISTANCE OF 95.75 FEET; 9. NORTH 32°12'47" EAST, A DISTANCE OF 49.00 FEET; 10. NORTH 14°59'47" EAST, A DISTANCE OF 58.00 FEET; 11. NORTH 01°50'13" WEST, A DISTANCE OF 48.30 FEET; -3- 12. NORTH 45°12'13" WEST, A DISTANCE OF 43.03 FEET; 13. NORTH 78°09'13" WEST, A DISTANCE OF 269.50 FEET; 14. NORTH 51°19'13" WEST, A DISTANCE OF 228.00 FEET; 15. NORTH 59°37'13" WEST, A DISTANCE OF 306.00 FEET; 16. NORTH 30°00'13" WEST, A DISTANCE OF 138.83 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; 17. SOUTH 89°09'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1204.72 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE CONTINUING SOUTH 89°05'56" EAST, A DISTANCE OF 40.08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 16.988 ACRES, (739,986 SQUARE FEET), 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 16th day of October, A.D. 2018, and to be presented for final passage on the 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Public Open Lands (POL) Low Density Residential (RL) Transition (T) © 0 250 500 Feet