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HomeMy WebLinkAboutEAST SKYWAY REZONING - SECOND READING, CITY COUNCIL - 19-07 - REPORTS - RECOMMENDATION/REPORTintroduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2007, and to be presented for final passage on th day of January, A. . 2008. i Mayo ATTEST: Passed and adopted on final reading on the 15th day of January, A.D. 2008. ATTEST: City Clerk -3- Mayor Skyway Drive adjoining the said portion of Lot 1, Block 1. Containing 2.849 acres more or less. Parcel 2 A Tract of land located in the Southwest quarter of Section 12, Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; The East 120.00 feet (measured at right angle to and parallel with the east line) of Lot 1, Block l of the Plat of Lynn Acres, a Plat of record with the Clerk and Recorder of the said Larimer County. Together with the southerly 40.00 feet of Skyway Drive adjoining the said portion of Lot 1, Block 1. Containing 1.150 acres more or less. Parcel 3 A Traci of land located in the Southwest quarter of Section 12, Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; The North 377.40 feet (measured at right angle to and parallel with the north line) of Lot 4, Block 1 of the Plat of Lynn Acres, a Plat of record with the Clerk and Recorder of the said Larimer County. Together with the southerly 40.00 feet of Skyway Drive adjoining the said portion of Lot 4, Block 1. Containing 1.917 acres more or less. Parcel 4 A Tract of land located in the Southwest quarter of Section 12, Township 6 North, Range 69 West ofthe Sixth Principal Meridian, Cityof FortCollins, Larimer County, Colorado, being more particularly described as follows; Tract A of the Plat of Huntington Hills West Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, together with the westerly half of Kent Avenue adjoining the said Tract A. Containing 1.80 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above -described properties are included in the Residential Neighborhood Sign District. Section 3. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. -2- ORDINANCE NO. 146, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE EAST SKYWAY REZONING 11 WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that said property should be rezoned as hereafter provided; and WHEREAS, the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Parcel 1 from Urban Estate ("UE") Zone District, to "C" Commercial Zone District, Parcel 2 from Urban Estate ("UE") Zone District to Low Density Residential ("RL") Zone District, Parcel 3 from Urban Estate CUE") Zone District to Low Density Residential ("RL") Zone District and Parcel 4 from Low Density Residential ("RL") Zone District to Public Open Land ("POL") Zone District for the following described property in the City known as the East Skyway Rezoning: Parcel I A Tract of land located in the Southwest quarter of Section 12, Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Lot 1, Block 1, excepting the East 120.00 feet (measured at right angle to and parallel with the east line) thereof, of the Plat of Lynn Acres, a Plat of record with the Clerk and Recorder of the said Larimer County. Together with the southerly 40.00 feet of December 18, 2007 -7- Item No. 29 A-B On October 18, 2007, the Planning and Zoning Board voted (5-0) to recommend Council not approve the East Skyway Plan Amendment and Rezoning, with an added comment to consider this request as part of the South College Corridor Plan effort. The rationale for this recommendation is based on looking at the larger context of adjoining properties and if there is any other changes warranted wi do f corridor planning process. If I p. ATTACHMENTS k'� ; 1. Structure Plan Amendment — Existing Structure Plan 2. Structure Plan Amendment — Proposed Structure Plan Map 3. East Skyway Rezoning — Existing Zoning Map 4. East Skyway Rezoning — Proposed Zoning Map 5. Neighborhood Meeting Summary of Comments 6. Planning and Zoning Board Minutes, October 18, 2007 7. Powerpoint presentation COPY December 18, 2007 -6- Item No. 29 A-B more logical and orderly pattern than the current pattern, which includes U-E on properties, that better fit the R-L designation. The R-L clearly fits the existing residential uses and any potential future residential development that could occur on the east part of 209 East Skyway. The initial zoning of U-E as part of the South College enclave annexation and zoning o fl Ytition g uses, but based on further review by staff, a reco enda ' to c tsit Residential zoning provides a more logical and or ly deve m ern to surrounding uses in the area. Neighborhood Meeting Summary A neighborhood meeting was held on August 30, 2007. A more detailed summary is attached. The number of property owners in attendance was six. The following main points are as follows: Of the six property owners in attendance, five supported the proposed plan amendment and rezoning. A general response included support for the existing small engine repair business and other planned commercial uses requested by the owner of 209 East Skyway and changes to 225 East Skyway. • One owner did n o r dment and rezoning. The comments ocuse on Fa ous County decisions, compatibility coCs, a g ositio to commercial zoning for this location. FINDINGS OF FACT/CONCLUSION: In evaluating the request for a Structure Plan Amendment and rezoning, staff makes the following findings of fact: A. The proposed amendment meets the criteria outlined in Appendix C of City Plan through a Minor Amendment process including a need for the change and promoting the public welfare, and will be consistent with the vision, goals, principles and policies of City Plan. B. The proposed rezoning is consistent with City Plan and more specifically the City Structure Plan Map, since the two actions are being done as a unified package. C. The proposed rezonin d w' existing and proposed uses surrounding the subjec and an the e z istrict for the land. D. The proposed rezoning m ul t resul significantly adverse impacts on the natural environment. E. The proposed amendment would result in a logical and orderly development pattern. RECOMMENDATION Staff recommends approval of the East Skyway Plan Amendment and Rezoning. December 18, 2007 -5- Item No. 29 A-B Residential to Public Open Lands is compatible with the existing residential neighborhood to the west and north and existing open lands owned by the City. B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendm a co ions within the neighborhood surrounding and cludi a su c r er Changed conditions in el esult at has developed on and around these two parcels since the time of County Zoning of FA- Farming in the early 1960's. The area now reflects a more "mixed urban fringe" character than fainting or rural residential character. Staff finds that a change to Commercial zoning on part of 209 East Skyway is warranted given the situation on the 3.6-acre property and the mix of uses in the area. The proposed Low Density Residential is appropriate to reflect the residential and school development which has occurred along East Skyway. The City -owned property purchased in 2003 warranted a map change then, but was missed at the time. This rezoning represents a house keeping action to update the zoning map based on previous decisions. 2. Additional, Optional Considerations: C. Whether and the t ed endment is compatible with existing and proCees surr a ct land, and is the appropriate zone districtfor t As stated above, staff has determined that the current Urban Estate is not the most appropriate zoning in between existing commercial and low density residential uses. Staff finds the proposed amendment for 209 East Skyway to be compatible with the existing commercial area to the west, the existing residential to the north, and the various uses that make up a mixed character to the south and east. The change to 225 East Skyway would better reflect the existing residential character across the street to the north and east. D. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. Staff finds no adverse vironm IMJF t all If E. Whether and the o wposed Indment would result in a logical and orderly development pattern. The proposed amendment results in a logical and orderly development pattern by allowing a modest, transitional amount of additional commercial use on a portion of 209 East Skyway adjacent to existing commercial use to the west and north of the property. The change from U-E to R-L simply reflects the existing residential development on and around the subject properties. This is essentially a "house keeping" change to create a December 18, 2007 -4- Item No. 29 A-B The existing small business on the subject property and any future new commercial uses on the subject property can form a transition from existing U-Haul and other commercial uses adjacent to the west, now and in the future. Further commercial changes to the subject property appear likely and would both trigger improvements (e.g., landscaping, sidewalk, and changes to the existing 6-foot chain link fen e d de pment standards, and would improve the street frontage an ppear a on t k ay. The changes involving Low D 'ty"ke tal much substantive. The Low Density Residential designation for the remaining eastern portion of 209 and northern portion of 225 East Skyway is more appropriate than the current Urban Estate based on existing development and density of houses and the school. It also provides a more logical land use pattern with a transition in intensity from College Avenue eastward. A cul-de-sac of houses called Claire Court, abutting 225 East Skyway, is also included in the recommended Low Density Residential designation because it simply fits that designation rather than its current UE designation (which allows a maximum of two dwelling units per acre). Staff considers the Low Density Residential portion of the proposed changes to be minor editing of the Structure Plan map, to create a more logical and orderly land use pattern along Skyway and fitting existing development to the right designation. A final proposed amendment includes the property adjacent to and east of Claire Court, a City owned parcel which is part of r ' on ' 2003 (Prairie Dog Meadow). The existing land use designa&n is fiffan Es to a osed designation is Open Lands, Parks and Stream Corridors. Request for C and R-L Zoning — Section 2.9.4(H) Staff is recommending that the Plan Amendment be approved and Commercial (C), Low Density Residential (R-L), and Public Open Lands (POL) zoning be implemented as a related action. The request to rezone the two parcels from U-E to C and R-L, and one parcel from U-E to POL (Attachments 3 and 4). This change is considered quasi-judicial (versus legislative) since the parcels are less than 640 acres. There are five standards that may be used in evaluating a request for a quasi-judicial rezoning. These standards, and how the request complies, are summarized below: Mandatory requirements: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendm o prehensive Plan: The request for the C, L, an L z n ?distnYctscMonistent withthe City Structure Plan as amended in the sed ac 'rcial zoning change would be compatible with the existing commercial tothe west along the Kelmar Strip and the other mixed -uses in the area, provide a transition between the College Avenue commercial and residential use to the east, and provide a transition between the College Avenue Kelmar Strip commercial and residential use to the east. The change from Urban Estate to Low Density Residential is more compatible with the existing residential neighborhood to the north and east. The change from Low Density December 18, 2007 -3- Item No. 29 A-B Claire Court includes 9 parcels. The City -owned property east of Claire Court is a vacant parcel of 1.5 acres. The surrounding land uses/zoning are as follows: N: R-L; Existing sin famil tach r d 'al Acres Subdivision) S: U-E; Existing va lots E: P-O-L; City Natural rain ow) W: C; Existing commercial businesses (South College Ave corridor) Structure Plan Amendment The City Structure Plan, a part of the City's Comprehensive Plan (City Plan), is a map that sets forth a basic framework which shows how Fort Collins should grow and evolve over the next 20 years. City Plan allows for amendments through a Minor Amendment process as outlined in Appendix C. The two review criteria are: A. The City Plan and/or any related element thereof is in need of the proposed amendment; and B. The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, p ' s ici' laud the elements thereof. This area was annexed into City art o h e i of th outhwest Enclave Annexation in April, 2007, under a Structure desi n rban to (U-E). The original intent of designating U-E for these properties was to acknowledge and match as closely as possible the existing large -lot County parcels zoned Farming in the County, U-E being similar to the County's zoning. Staff has since considered the situation along this part of East Skyway in much more detail, in extensive discussions with owners, neighbors, and the County over several years. These discussions have been prompted by issues related to an existing business at 209 East Skyway, and also by the recent annexation process in 2007. Staff finds that the properties along Skyway do not reflect the character of the Farming or Urban Estate designations, but are more in character with both the commercial uses in the area, and the existing residential neighborhood to the north and east. At 209 East Skyway, staff is recommending a Commercial designation on the west 2/3 of the property, with a designation of Low Density Residential on the east 1/3 of the property to provide a transition to the neighborhood (Attachments 1 and 2). This proposed Commercial d ignatio s th u ve ct of the proposed changes. It IMF reflects the transitional, mix harac e f th a U-ha truck facility in the Kelmar Strip commercial corridor is abutting w s' of sin is y homes are across Skyway; a Montessori school is abutting to the east; and two vacant 3-acre lots abut the property to the south. These two vacant lots appear to be candidates for future rezoning, but will be considered as part of the upcoming South College Corridor Plan process because the issues have not been considered as thoroughly as at 209 and 225 East Skyway. South and southeast of the two vacant lots, land uses include a permanent City Natural Area, Humane Society headquarters, City bus facility, and a range of "city -edge" residential lots ranging from about 1/4 acre to over an acre in the Lynn Acres County subdivision, all well within view of the subject property. December 18, 2007 -2- Item No. 29 A-B include this item as part of the South College Corridor Plan process (Planning and Zoning Board recommendation), anticipated to be completed at the end of 2008. BACKGROUND The City of Fort Collins Struc ldn e;Xnent wi hange the existing Structure Plan designation for two properties located at 209 and 225 on East Skyway Drive, Claire Court, one property on Clair Court, and a City owned parcel. The first property (209 East Skyway) is a proposed/recommended change from Urban Estate to a combination of Commercial and Low Density Mixed Use Neighborhood. The second property (225 East Skyway) will change from Urban Estate to Low Density Mixed -Use Neighborhood. Claire Court, a cul-de-sac which extends south off of Skyway Drive, will change from Urban Estate to Low Density Mixed Use Neighborhood. The City owned parcel east of Claire Court will change from Urban Estate to Open Lands, Parks and Stream Corridor designation. The corresponding proposed/recommended rezoning changes are as follows: (1) The first property is located at 209 East Skyway Drive. Existing zoning is Urban Estate. Proposed zoning is a combination of Commercial on the west 2/3 of theMtt w i sidential on the east 1/3 of the property. (2) The second pro JVay Y abuts the first property on the east, with existing zoning of Urban Estate. The proposed zoning is a combination of Low Density Residential on the northern 1/3 of the property and retention of Urban Estate on the remaining southern 2/3 of the property. No such zoning amendment is needed for Claire Court, with an existing zoning of Low Density Residential. (3) The third property is adjacent and east of Claire Court and is City -owned (part of Prairie Dog Meadow) with an existing zoning of Low Density Residential. The proposed zoning is Public Open Lands, representing a housekeeping action. Site Description The site consists of two prop ert' t 0 t ay Drive, as well as Claire Court with its 9 fronting hour Th o pr s on ay were recently annexed and zoned Urban Estate to mate the Co ty's n Ap 2007 in Phase I of Southwest Annexation. Claire Court wa y L' its. Th rst property at .209 East Skyway Drive, is 3.6 acres and includes a single-family detached home with a home occupation business and separate metal warehouse used for personal storage. The existing business is a small engine repair operation. The second property located at 225 East Skyway Drive, is 4.8 acres and includes an existing private Montessori School with a horse pasture extending behind the school. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ATTACHMENT 1 ITEM NUMBER: 29 A-B DATE: December 18, 2007 SUBJECT Items Relating to the East Skyway Rezoning. RECOMMENDATION : Pete Wray Staff recommends adoption of the Resolution and Ordinance on First Reading. On October 18, 2007, the Planning and Zoning Board voted (5-0) to recommend Council not approve the East Skyway Rezoning, with an added comment to consider this request as part of the South College Corridor Plan effort. EXECUTIVE SUMMARY A. Resolution 2007-107 Amending the City's Structure Plan Map Pertaining to Land along Skyway Drive East of College Avenue. B. Hearing and First Reading of Ordinance No. 146, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the East Skyway Rezoning. This area was annexed into the City as part of Phase I of the Southwest Enclave Annexation in April, 2007, under a Structure Plan designation of Urban Estate (U-E). The original intent of designating U-E for these properties was to acknowledge the existing large -lot County parcels zoned Farming in the County; U-E is the City's zoning that is most similar to the County's zoning. Staff has since considered the n hi t ay in much more detail, in extensive discussions with o ers, pie' bors C These discussions have been prompted by issues related an exi 'ng b i s at 20 East Skyway and by the recent annexation process in 2007. n t roperti ong Skyway do not reflect the character of the Farming or Urban Estate designations, but bear closer resemblance to both the commercial uses in the area and the existing residential neighborhood (which is more dense than Urban Estate) to the north and east. As a result of the long history of discussions centering on 209 East Skyway, staff is recommending Council consider these changes now, rather than delay a decision further and AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: DATE: January 15, 2008 STAFF: Pete Wray Second Reading of Ordinance No. 146,2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the East Skyway Rezoning, RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The land along Skyway Drive, east of College Avenue, was annexed into the City as part of Phase I of the Southwest Enclave Annexation in April 2007, under a Structure Plan designation of Urban Estate (U-E). The original intent of designating U-E for these properties was to acknowledge the existing large -lot County parcels zoned Farming in the County; U-E is the City's zoning that is most similar to the County's zoning. Staff has since considered the situation along this part of East Skyway in much more detail, in extensive discussions with owners, neighbors, and the County. These discussions have been prompted by issues related to an existing business at 209 East Skyway and by the recent annexation process in 2007. Staff finds that the properties along Skyway do not reflect the character of the Farming or Urban Estate designations, but bear closer resemblance to both the commercial uses in the area and the existing residential neighborhood (which is more dense than Urban Estate) to the north and east. This Ordinance, unanimously adopted on First Reading on December 18, 2007, rezones the property located at 209 East Skyway to a combination of Commercial on the west 2/3 of the property and Low Density Residential on the east 1 /3 of the property. It also rezones 225 East Skyway Drive to Low Density Mixed -Use Neighborhood and the City -owned parcel east of Claire Court to the Open Lands, Parks and Stream Corridor designation. ATTACHMENTS Copy of First Reading Agenda Item Summary - December 18, 2007.