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HomeMy WebLinkAboutTIMBERLINE CENTER REZONING - SECOND READING - 41-05 - REPORTS - RECOMMENDATION/REPORTE December 20, 2005 .1 -4-- Rm No. 29 PLANNING AND ZONING BOARDAECOhMENDATIOM, The Planning and Zoning Board voted to reco d'R------�ov 61" 0 f Timberline'Uni-tdr-lbibbi"' .91 041-05. 0--'W '7� - '31 unnica '-,mTect I L A .. ... . . . . .. . . ... December 20,2005 -3-- Umn No. 29 With regard to whetherthe subject parcel is compatiblewith existing and proposed uses; theabuttin .9 , property to the north is presently an outdoor stomp yard,foi-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 w n btlpWThere is a presumption in the band Use Code that compatibi be land an ycomplia4ce.withapplicable. standards at the P.D.P. stage. With regard to whether the subject parcel would result in si pifi rent a dve rsb impacts -on the natural' environment, the Department of Natural Resources has determined that them are no significant natural habitats or features on the site. The D.N;R.-has not;askedforanEcological:Claracterization Study. 13t)(ird. IhZ Oty t. - 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 dedicationtfor,.the;widening of:,Timberline. Road. In addition, the two owners have coordinated with the Cityowlocation of.the -local street intersection (Bear Mountain Drive) and e intersection. Through the th collaboration with the City, thi n wil ,Tmedian that will restrict turning w�ll a movements to "three-quarter' ly. s S ere will right-in/right-outtleft-in turning 11 Led. movements but no left -out turn Further, the street classification and right-of-dedication'forJoseph Allen Drive (formerly Sagebrush Drive) are being planned in conjunction with the new City of Fort Collin.sTolice Facility. Neighborhood Information Meeting;. A neighborhood meeting was held to discus 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. Fbidings 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 complie4dth the opstyanofSection 2.9, Amendment to Zoning Map, of the Lan B. The request for Industrial zoning complies with the City's.Structum.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. December 20, 2005 -2- Item No. 29 "The owner of any property fin the T District may at any time petition the city to remove the property from this zone district and place it in another tone district. Unless the following time limitations are waived by the petitioner, any such petition shall be referred to the g o nsidered at the next regular meeting of sue h is at thirty (30) days from the date the petition is ith the 60) days from the date the matter is considered by s barge the zoning for the property in question to another zone district authorized under this Article." .-;O t Collins b/ The rezoning petition was received on Octo6er:IZ'2005. The Planning and Zoning hearing of December 8, 2005 satisfies the requirement that no less than 30 days transpire before consideration by the Board. The City Council heating of December 20, 2005 satisfies the requirement that no more than 60 days transpire before Council consideration. I Article Three — Map Amendment: A. Section 2.9.2(H)(2) (2) Mandatory Requirements for Quasiyudicial Rezonings._Any_amendment.to_ the Zoning Map involving the zoning or rezoning of six hundred forty (640) _ acres of land or I be recommended for approval by the anni d • ved by the City Council only if the (a) consistent with the City's Comprehensive Plan, and/or (b) warranted by changed -,conditions- witlifn;_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) whethe t eaten lcuronidrpat with ling t w d!pos ropsdesro roeuadnnddmi;nngetnhdernseunbjt ecist (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 ftatctioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL' ITEM NUMBER: 29 DATE: December 20, 2005 STAFF: Ted Shiepard Hearing and First Reading of Ordinance No. 170, 2005, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Timberline Center Parcel, From T, Transition to I, Industrial. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This is a request to rezone a 1 to I, Industrial. The parcel is located on the west side of T' line R4T mile north of East Drae RoadThe Union Pacific Railroad -o -of-wa orms ry. The request complies with the City's Structure Plan Map. The panel is a part of the larger 435-acre Timberline Annexation which was annexed in 1997 as an enclave. Upon annexation, all parcels contained within the Timberline Annexation were placed into T. Transition zone district. The Transition zone requires that City Council change the zoning to another zone district within 60 days of the Planning and Zoning Board hearing of December 9, 2005. BACKGROUND Surrounding Zoning and Land Uses: North: I (Industrial); Existing Outside Storage and Miscellaneous light Industrial South: E (Employment); Vacant East: L-M-N (Low Density -U t ide Hill 2nd) West: R-L (Low Density Resi tial); bdi on West: M-M-N (Medium Densi - ood) ood East Apts. Article Four — Transition Zone: There are specific procedures governing the rezoning of panels in the Transition zone district. Section 4.9(B)(2) states: I Passed and adopted on final reading dds:'3rd• day of January; A.D 2000. _ .. ATTEST: City Clerk / 1_ Itn.v.djv�.l uL--!.+. n.r?.�Vu.H �31 u�y •...3 :nn•_._ i J a right angle, Bast of and parallel with the centerline of the main track of said UPRR a distance of 521.38 feet (deed=539.15 feet) to the Northwest comer of said parcel of land described in that SWD recorded November 4, 2004 as Reception No. 2004- 0106576 ofthe records of the LCCR, said point being the beginning point of a curve, said curve being non -tangent to aforesaid line; The following 3 courses and distances are along the Northerly line of said parcel of land described in that SWD recorded Nov-ariber�4;-2004.as Re*66—n- No. 2004= 0106576 of the records of the LCCR: _ - ' . THENCE along the arc of a curve which is concave to the Southeast'a distance of 139.73 feet (deed=135.48 feet), said curve having a radius of 500.00 feet, a central angle of 16'00'45" and a long chord bearing North 60'52'33" East a distance of 139.28fed toaPT; ;a THENCE North 68'52'54" Bast a distance of 1217 feet; THENCE South 01'02'06" East a distance of 99.76 feet; THENCE North 88'57'54" East along the Northerly line of aaid parcel of land described in that SWD recorded November 4, 2004.as Reception No. 2004-0106576' of the records of the LCCR and along}the;Nortlieriy'Kne:of:thatiparcelt of -land= --.. . described in said QCD a distance of 478.69 feet; THENCE North 00'01'35" West a distance of•159.86 feet; THENCE North 88056'43" East a distance of 213.71 feet to the beginning point of a curve, said pave being non -tangent Waforesgid line; - - - - " _. • _ _ - .... - - - : . THENCE along the arc of a cum which is concave to the -East a distanceof 159:91. - - feet, said carve having a radius of 50076.50.fait, a central angle of 00'10'59" aid a long chord bearing South 01'08'46" East a:distance of•159.91=feet ta-the POINT OF BEGINNING. Which above described parcel contains 18.304 acres, more or less (*� and is subject to any rights -of -way or other easements of record or as now existing on add described parcel of land -- 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 slowing that the above4escribed property is not 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. Introduced, considered favorably on first published this 20th day of .D December, A. 2005, and to be presented for 5ne1 the Uskder f J 2006. l Ma TTEST: City Clerk THENCE South 00' 13'42" Fast along said East line a distance of 1631.19 feet, THENCE South 88'0447" West a distance of 30.01 fed to the Northeast comer of that parcel of land descaiibed in that Special Warranty Deed (SWD) recorded December22,1994 as Reception No. 94100659 ofthe records ofthe LarimerCounty Clerk and Recorder said point being 30.00 fed, as measured at aright angle, West of said East line; THENCE South 00' 13'42" East along a line being 30.00 feet, as measured at a right angle, West ofand parallel with said East line a distanceof542.29 fed (deed=542.40 fed) to the Northeast comer of that parcel of land described in that Quit Claim Deed (QCD) recorded October 14,1997 as Reception No. 97067511 of the records of the LCCR; THENCE South 88'57'S4" West along the North line of that parcel of land described in said QCD a distance of 71.46 feet to the POINT OF BEGINNING, said point being a point on a curve, said curve being non -tangent to aforesaid line; THENCE along the arc of a curve which is concave to the East a distance of 7.45 fed, said curve having a radius of 50070.50 feet, a central angle of 00'00'31" and a long chord bearing South 01'14'31" East a distance of 7.45 fed to a Point of Tangency (PT); THENCE South O1'14'46" East a distance of 306.77 fed to.a Point.ofCurvatwv- THENCE along the arc of a curve which -is concave t6 the'Northwest a distance of 23.61 feet, said curve having a radius of 15.00 feet, a central angle of 90' 12'04" and a long chord bearing South 43'S1' 16" West a distance of 21.25 -feet; THENCE South 01'21'08" East.along a linebeing non-tangent.to aforesaid-curvew distance of 57.00 fed to the beginning point of a curve, said curve being non -tangent to aforesaid line; THENCE along the arc of a curve which is concave to the Southwest a distance of 23.51 fed, said curve having a radius of 15.00 fed, a central angle of 8947'S6" and a long chord bearing South 46'08'44" Easta distance of 21.18 feet to a PT; THENCE South 01614'46" East a distance of 444.81 feet to the South line of that parcel of land described in that SWD recorded November 4, 2004 as Reception No. 2004-0106576 of the records of the LCCR; THENCE South 88'57'17" West along said South line a distance of 973.05 feet to the East Right -of -Way (ROW) of the Union Pacific Railroad (UPRR), said point being 75.00 feet, as measured at a right angle, East of the centerline of the main track of said UPRR; The following Three (3) courses and distances are along said East ROW: THENCE North 00'03' 14" West along a line being 75.00 feet, as measured at a right angle, East of and parallel with the centerline of the main track of said UPRR a distance of 356.80 fed (deed=339.71 feet) to the East-West Quarter Section line of said Section 19; THENCE North 89049' 17" Past along said East-West Quarter Section line a distance of 125.00 feet to a point being 200.00 fed, as measured at a right angle, East of the centerline of the main track of said UPM THENCE North 00'03'14" West along a line being 200.00 fed, as measured at a ORDINANCE NO. 170, 2WS OF THE COUNCIL OF THE CITY OF FORT COU24S AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE 1MWBERLiNE CENTER REZONING 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 f u&a 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 as follows: Section 1. That the Zoning Map adopted byDivision 1.3 of the Land Use Code is hereby amended by changing the zoning classification from " r, Transition Zone District, to "I", industrial Zone District, for the following described property in the City known as the Timher ine Carter A parcel of land being part of the East Half (El/2) of Section Nineteen (19), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado, and being more particularly descnlmd as follows: COMMENCING at the Northeast comer of said Section 19 and assuming the East line of the Northeast Quarter (NEl/4) of said Section 19 as bearing South 00' 13'42" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2679.27 fcet with all other bearings contained her relative thereto: AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: T DATE: January3, 2006 _ STAFF: Ted Shepard Second Reading of Ordinance No. 170,2005, Amending the Zoning Map of the City of Foit Collins by Changing the Zoning Classification for That Certain Property Known as the Timberline Center Parcel, From T, Transition to I, hulustrial. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on December 20, 2005, rezones 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. The parcel is a part of the larger 43S-acre Timberline Annexation which was annexed in 1997 as an enclave. Upon annexation, all parcels contained within the Timberline Annexation were placed into T, Transition zone district. The Transition zone requires that City Council change the zoning to another zone district within 60 days of the Planning and Zoning Board hearing of December 8, 2005.