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Home My WebLink AboutTIMBERLINE CENTER REZONING - 41-05 - REPORTS - RECOMMENDATION/REPORTTimberline Center Rezoning, #41-05 December 8, 2005 P & Z Meeting Page 5 5. Findings of Fact: In evaluating the request to rezone the Timberline Center from Transition to Industrial, Staff makes the following findings of fact: A. The rezoning complies with the procedures and standards of Section 2.9, Amendment to Text of Code And/Or Zoning Map, of the Land Use Code. B. The request for Industrial zoning complies with the City's Structure Plan Map, an element of the Comprehensive Plan. C. The rezoning complies with the procedures and standards of Section 4.9, Transition Zone District, of the Land Use Code. RECOMMENDATION: Staff recommends approval of Timberline Center Rezoning, #41-05. Timberline Center Rezoning, #41-05 December 8, 2005 P & Z Meeting Page 4 (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. With regard to whether the subject parcel is compatible with existing and proposed uses, the abutting property to the north is presently an outdoor storage yard for vehicles, campers, boats and the like, and presently zoned Industrial. The property to the south is vacant and zoned Employment. There are other examples in the City where these two zones abut each other. There is a presumption in the Land Use Code that compatibility between land uses can be achieved by compliance with applicable standards at the P.D.P. stage. With regard to whether the subject parcel would result in significant adverse impacts on the natural environment, the Department of Natural Resources has determined that there are no significant natural habitats or features on the site. The D.N.R. has not asked for an Ecological Characterization Study. With regard to whether annexing the subject parcel would result in a logical and orderly development pattern, the owner is partnering with the owner of the parcel to the north to submit a unified Project Development Plan. Together, these two property owners are participating with the City in a capital improvement project to widen and improve Timberline Road to an interim four -lane arterial standard. These improvements include right-of-way dedication for the widening of Timberline Road. In addition, the two owners have coordinated with the City on location of the local street intersection (Bear Mountain Drive) and the restriction on turning movements at this intersection. Through collaboration with the City, this intersection will be designed with a median that will restrict turning movements to "three-quarter" only. This means there will be right-in/right-out/left- in turning movements but no left -out turns allowed. Further, the street classification and right -of -dedication for Joseph Allen Drive (formerly Sagebrush Drive) are being planned in conjunction with the new City of Fort Collins Police Facility. ' 4. Neighborhood Information Meeting: A neighborhood meeting was held to discuss both the rezoning and the subsequent P.D.P. on September 12, 2005. A summary of this meeting is attached. There were no issues pertaining to the rezoning expressed by those in attendance. Timberline Center Rezoning, #41-05 December 8, 2005 P & Z Meeting Page 3 The rezoning petition was received on October 12, 2005. The Planning and Zoning hearing of November 17, 2005 satisfies the requirement that no less than 30 days transpire before consideration by the Board. The request will be forwarded to City Council within 60 days of November 17, 2005. 3. Article Three — Map Amendment: A. Section 2.9.2(H)(2) (2) Mandatory Requirements for Quasi-judicial Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. The rezoning request for Industrial zoning complies with the City's Structure Plan Map. Therefore, the request is consistent with the City's Comprehensive Plan. B. Section 2.9.2(H)(3) (3) Additional Considerations for Quasi -Judicial Rezonings. In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) 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, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; Timberline Center Rezoning, #41-05 December 8, 2005 P & Z Meeting Page 2 COMMENTS: Background: The surrounding zoning and land uses are as follows: N: T; Existing Outside Storage and Miscellaneous Light Industrial S: E; Vacant E: L-M-N; Vacant (Side Hill Second Filing) W: R-L; Parkwood East Subdivision W: M-M-N; Parkwood East Apartments The property was first considered for annexation, as part of the 435-acre Timberline Annexation, in 1992. At that time, the request was a voluntary annexation. While Staff and the Planning and Zoning Board recommended approval, City Council denied the request. In 1997, Timberline Annexation was approved and placed into T, Transition zone district. At this time however, the parcel was an enclave and the annexation proceeded under the regulations governing enclave annexations. 2. Article Four —Transition Zone: There are specific procedures governing the rezoning of parcels in the Transition zone district. Section 4.9(B)(2) states: "The owner of any property in the T District may at any time petition the city to remove the property from this zone district and place it in another zone district. Unless the following time limitations are waived by the petitioner, any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least thirty (30) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in question to another zone district authorized under this Article." ITEM NO. 5 MEETING DATE12/08/05 6a STAFF Tart Rhanard Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Timberline Center Rezoning, #41-05 APPLICANT: Mr. Kris Fleischli c/o V-F Ripley Associates 401 West Mountain Avenue Fort Collins, CO 80521 OWNER: Timberline Development c/o Mr. Kris Fleischli P.O. Box 1046 Loveland, CO 80539 PROJECT DESCRIPTION: This is a request to rezone a 16.13 acre parcel from T, Transition to I, Industrial. The parcel is located on the west side of Timberline Road approximately one-half mile north of East Drake Road. The Union Pacific Railroad right-of-way forms the western boundary. The request complies with the City's Structure Plan Map. A Project Development Plan accompanies this rezoning request. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This is a recommendation to City Council for a rezoning request for a parcel in the Transition Zone District. Section 2.9.2, Map Amendment and Section 4.9(B)(2), Transition Zone, allow properties within the Transition Zone district to apply for a rezoning at any time and not be limited to the twice -per -year limitation. The requested Industrial zoning complies with the Structure Plan Map. This rezoning process complies with the procedures and criteria of the Transition zone district of Article Four. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT