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HomeMy WebLinkAbout143 - 11/21/1995 - ZONING THE DRY CREEK ANNEXATION ORDINANCE NO. 143, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE DRY CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is,changed and amended by including the property known as the Dry Creek Annexation to the City of Fort Collins, Colorado, in the MM, Medium Density Mobile Ilome District. Section 2. That the Sign District Map adopted pursuant to Section 29-593.1 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. That the zoning granted herein is expressly conditioned upon,the following: A. Traffic. A traffic study shall be provided which will examine access to the development, trip generation of the development, distribution of traffic generated and level of service analysis. The traffic study will be reviewed against all Development Criteria No.'s A-2.1, A-2.5, and A-3.2 of the Land Development Guidance System for Planned Unit Developments and no development application shall be approved unless the Director of Community Planning and Environmental Services has determined that the development conforms to said criteria. The traffic study will be provided to the City by the developer prior to submission of subdivision documents for the development. The Director of Community Planning and Environmental Services, in consultation with the City's traffic engineer, shall review such study and determine whether the development conforms to said criteria. Upon such determination, this condition shall be deemed satisfied. B. Wetlands. A map of all existing wetland and habitat areas located on such property shall be provided to the City. Prior-to-submission-of subdivision documents;the developer will also provide- the City with a soils and geological engineering report, including a groundwater hydrology report,evaluating the geohydrologic impact of the development on on-site and off-site wetlands. The Director of Community Planning and Environmental Services, in consultation with the Natural Resources Department, shall review such reports using as guiding criteria All-Development Criteria Nos. A-1.3, A-1.9, A-2.3, and A-3.4 of the Land Development Guidance System for Planned Unit Developments, and shall determine whether the geohydrologic impact from the development will significantly affect existing wetlands; and no development application shall be approved unless the Director of Community Planning and Environmental Services has determined that the geohydrologic impact from the development will not significantly affect existing wetlands. The Director of Community Planning and Environmental Services shall further make a determination based on the reports as to the treatment of the on-site existing wetlands, which- determination may alternatively require: (a) that the developer avoid impacts to the groundwater source that supports the wetland, to the extent practical, and incorporate the wetland into a site feature, or (b) that the developer replace the disturbed areas with either on-site or off-site wetlands of equal or greater value. Upon such determinations, this condition shalt be deemed satisfied. C. Sketch Plan/Landscape Plan. Prior to submission of subdivision documents, the developer shall submit a sketch plan and landscape plan as required by Section 18-3(4)(g) of the Code of the City. The landscape plan shall additionally include the following: i. a wooden perimeter fence along the north, south and, east boundaries of the development; ii. a multi-purpose building at least 2,000 square feet in area with facilities for a laundry, meeting room and recreational area, restrooms, office and a maintenance area; and iii. playground and mini-park area of at least 30,000 square feet. The Director of Community Planning and Environmental Services shall review the landscape plan using Criteria 2.13 of Section 29-526(D), Activity A, "All Development Criteria", as a guideline and shall_take_action to appmve,_approv€-with - conditions or disapprove any such plan. Upon such determination of approval, or approval with conditions, this condition shall be deemed satisfied. No development application shall be approved unless the Director of Community Planning and Environmental Services has approved or approved with conditions such sketch/landscape plans. Section 4. The Director of Community Planning and Environmental Services shall, no less than ten (10) working days prior to the date of making the determinations required in Section 3, mail notice of the existence of any site specific studies which will form the basis of such determinations to the owner and developer of the property described herein, and to the owners of all 2 real property within one-thousand (1,000) foot radius of the property lines of the subject property. In making such determinations the Director shall consider any comments received from such parties and/or other members of the public prior to the date that the determinations are to be made. Within five (5) working days after making such determinations, the Director shall mail notice of the same to the owner and developer of the property described herein, and to the owners of all real property within one-thousand (1,000) foot radius of the property lines of the subject property for the purpose of the filing of any appeal under Section 5 below. Section 5. Notwithstanding any provision in Section 29-41(b) of the City Code to the contrary, the determinations to be made by the Director of Community Planning and Environmental Services under Section 3 above may be appealed by the owner or developer of the property described herein and any owner to whom notice was required to be sent pursuant to Section 4, above, directly to the City Council upon the filing of a notice of appeal with the office of the City Clerk no more than twenty (20) days after the date of the determination. Upon the filing of any such notice of appeal, the City Clerk shall notify the owners of all real property within a one thousand (1,000) foot radius of the property lines of the subject property of the time and place of the hearing of the appeal. The hiraring before the Council on any such appeal shall be a de novo hearing. Section 6. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably_ on first reading, and oWM4 nublishe ay of November, A.D. 1995, and to be presented for final passa on t 21st:da f Nov er, A.D. 1995. ayor ATTEST: City Clerk Passed and adopted on final reading this 21 st day of ovem r, A.D. 199 4 ayor ATTEST: City Clerk 3