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HomeMy WebLinkAboutVINEYARD REZONING - 2-03 - REPORTS - RECOMMENDATION/REPORT (3)2 i 7 O O i "Cy cd t-, O O O � N . �U t o cd w U j� 11 c/ P". 00'6CB SZ—I a;$3sialvl Reason for Request: (Please attach additional sheets if more space is needed) SEE ATTACHED EXHIBIT "A" Please attach listing of names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezoning. 0 Respectfully submitted, State of Colorado ) ) SS. County of Larimer ) The forgoing instrument was acknowledge before me this d *TH day of Janu 2 003 BY .M R for the purpose therein set forth. �� st ECN' My commissio e5rt'es b. Q NOTARY . P�gLIG ,r;'•••..... �� Or 00� Please return to the City of Fort Collins Current Planning Department. 0 J 9 WESTERN HERITAGE PROPERTY DEVELOPMENT, INC. City of Fort Collins — Rezoning Petition LEGAL DESCRIPTION A portion of Tract "An, FRONT RANGE FARMS EXEMPTION, as recorded in Reception No. 214247, public records of Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Southwest'/< of Section 3, Township 7 North, Range 68 West of the 6th Principle Meridian, Larimer County, Colorado, as being S 89°32'23" E as defined by a 2'/2" aluminum cap stamped with LS 25372 of the Southwest Corner of said Section 3 and 2" aluminum cap stamped with LS 25372 at the South % corner of said Section 3. Commence at the Southwest corner of Section 3, Township 7 North, Range 68 West of the 6th Principle Meridian, Larimer County, Colorado; thence S 89032'23" E along the South line of the Southwest '/4 of said Section 3 for a distance of 609.10 feet to a corner of Tract "A FRONT RANGE FARMS EXEMPTION, as recorded in Reception No. 214247, public records of Larimer County, Colorado; thence continue S 89032'23" E along said South of the Southwest'/4 and the South line of said Tract "A" for a distance of 519.50 feet to the Southeast corner of said Tract "A" to the POINT OF BEGINNING: thence continue S 89032'23" E along said South of the Southwest'/4 and the South line of said Tract "A" for a distance of 424.20 feet to the Southeast corner of said Tract "A"; thence run along the Easterly line of said Tract "A" the following courses and distances: thence leaving said South of the Southwest'/4 run N 47°52'00" W for a distance of 470.00 feet; thence run N 61053'30: E for a distance of 442.37 feet; thence run N 00005'34: W for a distance of 158.83 feet; thence run S 89032'23" E for a distance of 1037.70 feet; thence run N 00°05'34: W for a distance of 878.98 feet to the Northeast corner of said Tract "A"; thence run along the Northerly line of said Tract "A" the following courses and distances: thence run N 67°41'06" W for a distance of 1050.00 feet; thence run N 63°36'06" W for a distance of 495.00 feet; thence leaving said Northerly line run S 00°21'00" W for a distance of 869.41 feet; thence run N 89039'00" W for a distance of 699.97 feet; thence run S 00021'00"E for a distance of 500.00 feet to the aforesaid Northerly line of Tract "A"; thence S 52°30'00" E for a distance of 758.5 feet; thence S 00000'00" E for a distance of 344.16 feet to the POINT OF BEGINNING. Containing 58.92 acres (2,566,555.20) square feet more or less. r City of Fort Collins Petitioner: CITY OF FORT COLLINS REZONING PETITION Norm Karasa 724-C South Tejon Street Name Address Colorado Springs, CO 80903 City, State, Zip Name 0 Owner: Address City, State, Zip Western Heritage Property Development 724-C South Tejon Street Name Address Colorado Springs. CO 809o3 City, State, Zip Name Address City, State, Zip To the City Council of the City of Fort Collins, Colorado. I (We), the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel, containing 53.92 acres, more or less, from I zoning district to UE zoning district: [INSERT LEGAL DESCRIPTION HERE] WESTERN HERITAGE PROPERTY DEVELOPMENT Rezoning Petition — Exhibit "A" Page 4 of 4 March 5, 2003 5. The 1-25 access will afford easy access for travel, as well as concentrating traffic near residential and employment areas. 6. The property is supported by nearby utilities and proposed utilities. 7. Urban Estate zoning is the lowest density residential district in the Land Use Code, and will provide for the desired transition from other zoning to Industrial zoning. 8. Along with the open space/no-build easement as a possibility to the west, cluster building can also accommodate the eastern portion for this Urban Estate re- zoning. RwomngP9bbW_EsA tt CCAi s • WESTERN HERITAGE PROPERTY DEVELOPMENT Rezoning Petition — Exhibit "A" Page 3 of 4 March 5, 2003 7. the zoning and properties along 1-25 should show a transitional nature from commercial to residential. Because there is no longer an adoption date for the 1-25 Subarea Plan and the date has been extended from the Spring of 2001 to as much as five years hence as well as being amalgamated into a future City Plan, it is the applicant's desire to submit a rezoning plan that will best include the planning done by 1-25 Corridor Plan and the conceptual ideal that the zoning along 1-25 should include design criteria that includes the appearances, use, floodplain issues and compatibility issues designated by same. Because studies of the new results of the floodplain studies in the area, and because adjoining properties are in a large part residential in nature, the applicant believes it is best served by all to have a combination of industrial open space/no-build areas and residential areas for this parcel. This would both accommodate drainage problems and alleviate the unsightly possibility of such a large industrial tract with nothing but storage bins at the northern gateway to the City. JUSTIFICATION FOR UE (URBAN ESTATE) ZONING Zoning this property as UE instead of I (Industrial) is in better compliance with City and area regional requirements. Along with rezoning the property, an open space, no -build tract is proposed for the area. This will be used to best accommodate open space requirement along the highway corridor as well as possible drainage requirements due to flooding along the 100-year flood area along 1-25. Justifications include: 1. Having too large an I -Industrial tract near the highway will most likely have a detrimental visual impact on the northern gate to the City. An I -Industrial tract of this size, unless it is used for commercial office building, usually ends up bearing tractors and other storage facilities on them with time. The proposed plan is to have a manageably -sized tract bordering 1-25. 2. Abutting developments are being built as residential communities to the west and the south presently. These communities are a visual statement that the transitional zoning away from 1-25 is a good solution to many issues addressed by various regional and subarea studies. 3. By better mixing uses, the residential community proposal will best support higher density of employment in the surrounding areas. 4. The property is within 2 miles of high shopping centers along Mulberry. A.xweooaaduw,_exn n comas WESTERN HERITAGE PROPERTY DEVELOPMENT Rezoning Petition — Exhibit "A" Page 2 of 4 March 5, 2003 developed as a residential community with an approximate density of 2 houses per acre. To the north the property is zoned I (Industrial) and is being used commercially. To the west would be 1-25, and just west of that is a fairly large residential community developed by Richmond Homes with a PUD density. Along with residential and I -Industrial zoning plans for the surrounding properties, other commercial improvements for the area should include widening E. Vine to 4-lane arterial on the west side of 1-25, as well as improving Vine to east side of 1-25 to 2-lane arterial status, and possibly improving the I-25Nine interchange. The Anheuser Busch processing plant is 2 miles away. BACKGROUND Two recent submittals on the property for conceptual review were reviewed on June 30, 1997 and October 29, 2001. In 1997, the current Planning Department stated that the property was currently in the 1-25 Corridor Study and that the land use requirement from that study will affect the land use for this project. In 2001 another set of comments included new requirements for this parcel in light of an ongoing subarea study, the 1-25 Corridor Study, and the Boxelder Creek and Cooper Slough floodplain studies, also. Some of the findings and land use recommendations applicable to this site would be to: build on the results of the 1-25 corridor Plan; 2. integrate open space into a network of watercourses, 3. support areas around the Anheuser Busch facility with neighborhoods and other commercial facilities, 4. protect river and stream corridors and their riparian boundaries, 5. storm drainage area and detention ponds should be designed to create permanent habitat area with native vegetation 6. development of residential lots should be 1/< mile from 1-25, Rez ngPe6em_EaA tt cdlina • WESTERN HERITAGE PROPERTY DEVELOPMENT Rezoning Petition — Exhibit "A" Page 1 of 4 March 5, 2003 OVERVIEW This parcel of land that is being submitted for rezoning from I (Industrial) to UE (Urban estates) has been submitted for conceptual review at least two other times by Western Heritage Property Development, Inc., in recent years. No definite direction was afforded past submittals, in part due to the lack of a time frame for completing and adopting the 1-25 Corridor Plan and the Subarea Plan for this area. A large amount of work has been done by staff and various consultants, as well as having numerous public hearings and City Council work sessions. Summarizing the strategic direction for open space, flood control, employment and shopping corridors, as well as an area for residential use, although it may not be complete, can be more cohesively planned at this time. The current conclusion of these studies should provide enough direction for rezoning this parcel of land to best comply with future directions and city planning. JUSTIFICATION FOR REQUEST 1. Property Description This is a piece of property that adjoins 1-25 feeder road on the NE corner of E. Vine and 1-25. It is approximately 43.87 acres in size, with approximately 421 feet of frontage on E. Vine. An approximate 36.13-acre "I" zone tract lies directly west of the proposed "UE" zone is also owned by the Petitioner, and is in what is called a "no rise zone / 100-year flood boundary of Boxelder Creek" along 1-25. The property is presently serviceable by East Larimer County Water District and Boxelder Sanitation District for water and sewer, and Light and Power for electricity. The east side of the property adjoins Boxelder Creek where a 100-building setback is required. Two personal residences also adjoin the property to the east. To the south, E. Vine should be the future access for this property and this residential community. Other properties to the south include a city parcel zoned I (Industrial), as well as a county parcel east of that that is owned by Wilber Lebsack and is being Ra winpP.uuw_ExA n cduro ty I .v.Y 7 x � 1 EMulberrY St to 0r.•--• ... L • 1 £ ;. P� <s County Rd 4 I>h r-' •• OUTSIDE INSIDE PROJECT AREA PROJE{i AREA }. >' _ Commercial Corridor. < C Neighborhood Commercial Districts ' .� Community Commercial District Employment District ;� Industrial District ---' . `'""'"' y w ... . _.. __ _ _ Medium Density Mixed -Use )" ',)" Neighborhood ((12+units/acre) Low Density Mixed -Use ' • ! F _ Neighborhood ((5-8 units/acre) L. Y, ...... .. ... ... _ Urban Estate (2 du/acre) C� Rural Subdivision X _ River and Stream Corridors ;` ° ♦ A Sv Proposed Open Space: > .... . County Agricultural 1DO Year Flood Plain f ® Rural/Open lands (County FA-1, Farming and 0, Open Zoning) .,„, „,,. k•. ® City -Owned Natural Areas County_... �:... © Transit Center/Park and Ride„ Conceptual Roadway Network Nigel Activity Center Boundary Study Area Boundary Proposed Urban Growth Area (GMA) Timnath City Limits )"-- � — Ft. Collins City Limits 3..1 caw clog :. . _ t u ` Soux: mY of mw R. r G. r G.1.5., lwb�cr MY 15 ` _.. _.County,Rd 32_. T • • Existing Zoning Exhibit March 20, 2003 Map not to scale Rezoning Parcel 3/7/03 N #2-03 The Vineyard Rezonir-, Type II (LUC) 1 inch : 600 feet Vineyard Rezoning, #2-03 August 21, 2003 P & Z Meeting Page 5 of 6 A. The subject property for the Vineyard Rezoning is designated on the 1-25 Subarea Plan, an element of the City's Comprehensive Plan as Urban Estate Residential. B. The proposed plan amendment will promote the public welfare and will be consistent with the visions, goals, principles and policies of City Plan and the elements thereof. C. The rezoning request is consistent with the existing land use established within the area, particularly outside of the Urban Growth Management Area. RECOMMENDATION Staff recommends that the Planning and Zoning Board recommend that City Council approve the Vineyard Rezoning #2-03, Amendment to the Zoning Map from I — Industrial to UE — Urban Estate. 0 Vineyard Rezoning, #2-03 August 21, 2003 P & Z Meeting Page 4 of 6 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The Urban Estate zone district will provide a transition from higher intensity industrial land to the west and the existing rural land use east of the site in Larimer County. This zoning will provide a feathering of densities outward from the higher intense uses internal to Fort Collins to the rural land outside of the urban growth area. 3. Request for UE — Urban Estate District Zoning The applicant initially filed a rezoning petition with the City on January 8, 2003. The current request is to rezone 43.8 acres acres from I to UE. The property is undeveloped. The purpose of the UE Zoning is to provide a "setting for a predominance of low - density and large -lot housing. The main purpose of the district are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands. 4. Neighborhood Response: The Current Planning Department has received several letters from adjacent businesses concerned over the rezoning from I- Industrial to UE — Urban Estate Residential. These letters have been attached to this report. They are concerned that future residential will have children which may be drawn to these properties which use heavy equipment and semi -truck as part of they're daily operations, thus creating a safety hazard. These neighbors also state compatibility issues from permitting single family residential adjacent to established industrial uses which generate noise during the early morning hours and throughout the day. FINDINGS OF FACT/CONCLUSIONS After reviewing the Vineyard rezoning, File #2-03, staff makes the following findings of fact and conclusions as explained above: Vineyard Rezoning, #2-03 August 21, 2003 P & Z Meeting Page 3 of 6 The area south of this site will be developing into low -density residential at approximately 1.8 units/acre. This parcel is in the process of being annexed and zoned Urban Estate. The Structure Plan designation for this project is Urban Estate. The proposed rezoning is much more compatible with the type of development than the existing Industrial designation. The rural densities east of the site within Larimer County are anticipated to remain, or, possibly develop within the density permitted under the FA-1 zone district in Larimer County, which is currently one unit/2.3 acres. C. Additional Consideration for Quasi -Judicial Rezonings: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may consider the following additional factors: 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: The area east of 1-25 has a rural character and density. Much of the land is used for farming. The Urban Estate provides one of the lowest maximum densities of the City zone districts, a maximum of two units/acre. The land to the east of the site is zoned FA1 in Larimer County, which would permit a residential density less than that of Urban Estate. The proposed UE zoning will provide greater compatibility with the area than the existing Industrial zoning. 2. 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, noise air, stormwater management wildlife vegetation wetlands and the natural functioning of the environment. The parcels are not included within a mapped natural habitat area, nor does it appear they contain any wetlands or other environmentally sensitive areas which would be impacted by future development of the site. The 1-25 corridor plan does not envision any open space along this portion of the corridor. The site is adjacent to the Boxelder Creek floodplain, which may warrant future study when a project development plan is proposed. Vineyard Rezoning, #2-03 August 21, 2003 P & Z Meeting Page 2 of 6 existing Structure Plan designation for this property. The existing Structure Plan represents this property as Rural Open Lands/Stream Corridors. The most similar zone district to this designation is the Urban Estate District. A Structure Plan Amendment was included with the previous staff report as well. The Planning and Zoning Board tabled the rezoning request pending adoption of the 1-25 Subarea Plan by City Council. The minutes from the April 17, 2003 Planning and Zoning Board hearing have been attached to this report. The 1-25 Subarea Plan has since been adopted by the City Council. The revised report is based on this adoption of the plan. FINDINGS and ANALYSIS Background: A. The surrounding zoning and land uses are as follows: N: I; S: I/FA1 (County); E: FA1(County); W: I; Undeveloped Undeveloped/Agriculture Undeveloped/Agriculture Undeveloped The property was annexed as part of the Front Range Farms II Annexation in January, 1988. 2. Quasi -Judicial Rezoning: The properties included within the rezoning petition are less than 640 acres, and is therefore, considered a Quasi -Judicial Rezoning. In order for the Planning and Zoning Board to recommend approval of a rezoning to the City Council, the following criteria shall be met: A. Consistent with the City's Comprehensive Plan: The requested UE zoning is consistent with the recently adopted 1-25 Subarea plan. This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this parcel as Urban Estate Residential. The Urban Estate Zone District permits residential up to two- units/acre. B. Warranted by change in the neighborhood surrounding and including the subject property: ITEM NO. _6 MEETING DATE 8/21103 STAFF Bob Barkeen City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Vineyard Rezoning, File #2-03 APPLICANT: Western Heritage Property Development C/o Norm Karasa 724-C South Tejon Street Colorado Spring, CO 80903 OWNERS: Western Heritage Property Development C/o Norm Karasa 724-C South Tejon Street Colorado Spring, CO 80903 PROJECT DESCRIPTION: This is a request to rezone a portion of a tract of land located at the northeast corner of East Vine Drive and Interstate 25. This parcel is 78.6 acres in size and is currently zoned I — Industrial. The proposed rezoning would rezone the eastern 43.8 acres of land from Industrial to Urban Estate residential, the remaining 34.8 acres of land adjacent to 1-25 would remain zoned industrial. The parcel is designated as part of the 1-25 Special Corridor Study on the City of Fort Collins Structure Plan and Urban Estate on the recently adopted 1-25 Subarea Plan. RECOMMENDATION Approval. EXECUTIVE SUMMARY: The rezoning request is consistent with the recently adopted 1-25 Subarea Plan. This plan designates the land '/4 mile east of 1-25, north of Vine Drive, as Urban Estate Residential. The Urban Estate zone district permits up to two residential units/acre. The purpose of the 1-25 Subarea Plan is to provide a mix of housing and employment uses along 1-25, and provide a transition of density and land use intensity from the area directly adjacent to 1-25 to the rural character outside of the City's Urban Growth Area in Larimer County. This rezoning request was originally presented to the Planning and Zoning Board on April 17, 2003. The April 17 Staff Report rezoning findings were based on the COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT