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Home My WebLink AboutWHITHAM PROPERTY - REZONE - 24-02A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS11��r. , ��(. � .-,. - 4 � fi' � ti " r,s i.... It f"'ln I� � f'. y Y _ �� .� � i 5 424-02A P .oP� TM 11(LUC) .® 4 V. Cw-rithn- Mall 'T ............. Or f I A ME 00 FRAMEWORK PLAN %*ptcluw-r IN, 20112 i sr_ "Employment" uses located immediately north of Vine Street. Employment uses and residential uses are complimentary uses that allow residents to live and work in the same area. South: The land located immediately south of the Whitham Property is currently used as cropland. The East Mulberry Corridor Plan designates the property in the area as Low and Medium Density Mixed -Use Neighborhood. East: A developed small industrial site abuts the northeast corner of the Whitham property. The rest of the east property line is bordered by the Cooper Slough Natural Buffer area. West: The parcel located west of the Whitham Property is currently used as cropland. The East Mulberry Corridor Plan designates this property as Low Density Mixed -Use Neighborhood. (b) Development plans for the Whitham Property would involve the conversion of most of the property to residential development, a neighborhood center and a neighborhood park. All development would be within row cropland, non-native grassland, and disturbed habitat areas. Therefore, there would be no direct impacts to important wildlife habitats or special habitat features with the Whitham Property. The proposed development would also have no indirect effect on Cooper Slough as long as best management practices are employed during construction to preclude untreated runoff and sedimentation impacts into the slough. Because Cooper Slough has been identified as a waterfowl concentration area, a 300-foot development setback from Cooper Slough has been established by the City of Fort Collins. A 300 foot buffer would encroach into the eastern edge of the project area. As long as an average of 80 percent of a 300 foot development setback is maintained from the slough, project development approval should not need to request of variance from this requirement. Native shrubs and trees as well as herbaceous species will be planted in the buffer zone between the development and Cooper Slough to enhance this portion of the Cooper Slough corridor. Plantings of shrubs and trees will create visual screening between the creek and proposed development sites and improve existing habitat conditions along the slough. There is one existing mature and very large cottonwood adjacent to the railroad right-of-way is partially decadent with about half of the lower trunk consisting of deadwood. This tree could pose a health and safety risk to people or structures in the near future and may need to be removed prior to development. Because of its isolated location, this large cottonwood tree would also provide little wildlife habitat value if the Whitham Property is developed. (c) The development of this parcel will contribute to the logical and orderly development of this part of town by: l) allowing the extension of the arterial and collector street network through the property to serve the residents and employees in this area. 2) supplying a corridor for the extension of the Cooper Slough regional which will provide an alternative mode of transportation for residents and employees in the area. 3) using the existing utility infrastructure (Fort Collins Light & Power, Box Elder Sanitation and ELCO Water Dist) , which is located in close proximity to or within the Whitham Property. Justification for Rezoning Page 2 of 2 Justification of Rezoning June 3, 2003 Whitham Property Section 2.9.4(H)(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 Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or - Applicable (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. — Not Applicable Justiircation: The subject property was incorporated into the City offort Collins under two separate annexations. The P and 2"d Buderns Annexations were adopted on May 21, 1992, and the Whitham Farms LLC Annexation was adopted on August 20, 2002. At the time of annexation there were no specific and immediate plans for development so the properties were zoned Transition (T). Recently, the property owners decided that they would like to rezone the property in order to develop. The proposed rezoning of the Whitham Property, from the Transition Zone District (T) to the Low Density Mixed -Use Neighborhood District (LMN), is consistent with the City's Comprehensive Plan. Specifically, this site is located within the East Mulberry Corridor Plan, which designates this property as "Low Density Residential". Section 2.9.4(H)(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; - Applicable (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; - Applicable (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. - Applicable Justirication: (a) The proposed amendment is compatible with existing and proposed uses surrounding the subject property, and is the appropriate zone district for the land. The following is a list of the existing and proposed uses for the area surrounding the Whitham Property: North: Vine Drive abuts the northern boundary of the site. Currently the land north of Vine Drive is farmed and undeveloped. The Mountain Vista Sub Area Framework Plan illustrates Justification for Rezoning Page 1 of 2 T7R ReeR NORTHWEST CORNEA ss1 u SEc110N 9-7-68 Y Si FOUND No 8 REW WN1 2' ALUM. CAP 2000 M NOW ENT WX M NNE9 AS SNgM 2DO 0 200 400 Soo OPAPHIC SCALE - FEET SCALE: 1' - 2DO' NOVEMBER 1. 2001 EAST VINE DRIVE 60' RIGHT-OF-WAY 30' EACH SIDE SECTION LINE ��\ �A.aM.n' R"717.Do IR wsla eld �- W5e 0'E WAR, r \ \DELTA- Novi- \ ` E2 F 1Y . oxW. a" ""N' \\ I\ ASSUMED BASIS OF BEARING NORTH LINE NORTHWEST 1/4 SECTION 9-7-68 -7 I K.♦ \ ♦ I y1 I ` O(eTMC TRACT \ I \♦ � I I \ ♦ \ I \ ` I I ♦ \ \ I I ` I 30' ONr- OF- MAT I \ FORT CD DENV RARROAO COI11N5 I DO . 71)RUNPIFENT \ ` OF HENCENTER TS NOT OF THE EOE EASEMENT . aNIC�INNLY `Eo` 1907 DESCa Raw PIN) ♦ NOW RARAWD 5 PTHERN `\ \\ OF 9UAUNOTOM NORTHERN � ♦ I\ 1 AN DMI NO 20 FoOT NICE ANNEtSEA-BVE,C11 INC EASEMENT FOR HWSTAIAL EFFLUENT NPEVNES AND IWIOENTUL PURPOSES AS RECORDED I AT KVMN NR OW24145 A 7EIrPORMr EASEMENT RECORDED NON No FA w WA TERMNAlEO AT END OF CONSIRUCTON RECORDED WY 21. 1985 PWDRE VN 17, RW ELECTRIC A9 A710N RUNNEf EASEMENT TO MMNTNN NOR UNES AS TND NOW oast IN ME NORNNE5 1 OF SEC1a, 9-7-M PER E,isEME GAARMI) m RDOR 1E25 AT PACES eS I. a52. AND aaa REcoeoED .M.9ER 21. 1974 LNE4 AND POLES NOW DOW ALONG NORM 80U pVe UNt$W4 SHOWN HEREON IX6TNC DVEIENEAO ELECTRIC LNM WEST 1/4 COMER (TYPICAL ) SECTION T 6 ft RE FOUND NR , u.Ai. WIM Y DM NLM. CM QQ 0.3, AeTE GROUND QQ dR NARNm As sHawN - _ �L ds1e y M7 RMW 1/ Se i- S I997 According to Colorado law you must commence any legal action based upon any defeat In this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. SCHEDULE B - SECTION 2 COMMENTS 1. NOT BY THIS SURVEY 2. NOT BY THIS SURVEY 3. ALL DISCREPANCIES, ENCROACHMENTS, IF ANY, ARE SHOWN HEREON. 4. NOT BY THIS SURVEY 5. NOT BY THIS SURVEY 6. NOT BY THIS SURVEY 7. NOT BY THIS SURVEY 8. NOT BY THIS SURVEY S. NOT BY THIS SURVEY 10. SHOWN ON THIS SURVEY 11. SHOWN ON THIS SURVEY 12. SHOWN ON THIS SURVEY 13. NOT BY THIS SURVEY 14. SHOWN ON THIS SURVEY 15. SHOWN ON THIS SURVEY NORM 1/1 CORNER SECTION 9-7-68 FOUND No a GIAR W 2' o9. W IN MONUMENT a0% as' BELOW ASPHALT AS PER REFERENCE DATED 12-9-H 4 r €gb Ifth - I ' bsk9 RECORDED WRCN 7. TOM 'qAN MR, I ZONE ZQW \\ \` \1 N�j�F III `\ \\ re \ ` y \ \ \ \ i ZONE a /N A-ZeW.13' R-717.00' =50'57'E 2e1.2e' oE1TT- 2XQ'19 2646.77' SOUTH LINE OF NORTHWEST SECTION 9-7-68 H~ MO OF FENCE m� tiff z= To O V � mo A N ETRVNa FENCE EAR OF TWOPERn UNE SEON FENCE CENTER ORC a 1/CNER SECTION OT " FOUND NR 8 REBM 9 WIM 2' o1A KUM . P PLR REFERENCE DATED 12-9-9e nN TERM C 1/4 9 Is a5n 1 LEGAL DESCRIPTION: THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., LARIMER COUNTY, COLORADO PROPERTY AREA: GROSS AREA - 160.2876 ACRES +- RAILROAD RIGHT-OF-WAY AREA - 4.30 ACRES +- PRESENT EAST VINE DRIVE ROW AREA „ 1.82 ACRES +- NET AREA - 154.1675 ACRES +- SURVEYOR'S CERTIFICATE The undersigned, being a registered surveyor in the State of Colorado certifies to: (i) Buderus Family Farms, LLC, a Colorado Limited Liability Company, (ii) North American Title Company. 1. This map or plat and the survey on which it is based were made (i) in accordance with the "Minimum Standard Detail requirements for ALTA/ACSM Land Title Surveye," jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1999, includes items 1-4. 6, 7(a), 8-10, Ila, 13-16 of Table A thereof, and (il) pursuant to the Accuracy Standards (as adopted by ALTA. NSPS and ACSM and in effect on the date of this certfication). The undersigned further certifies that: the survey measurements were made In accordance with the "Minimum Angle, Distance, and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys. 2. The survey was mode on the ground on October 15. 2001. and correctly shows the area of the subject property, the location, type and dimensions of all buildings structures and other improvements situated on the subject property, the number and type of parking spaces, the location of utilities observed or shown on record documents as serving the subject property and any other mutters situated on the subject Property. 3.Except Ds shown on the survey, there are no visible,.easements or rights of way of which the undersigned has been advised. 4. Except as shown on the survey, there are no observable, above ground encroachments (a) by the improvements on the subject property upon adjoining properties, streets or alleys or upon easements located on the subject property, or (b) by the improvements on adjoining properties, streets or alleys upon the subject property. 5. The location of each easement right of way, servitude, and other matter affecting the subject property and listed in the title insurance commitment dated April 05, 2001, issued by North American Title Company, with respect to the subject property, has been shown on the survey, together with appropriate recording references, to the extent that such matters can be located. The property shown and described on the survey is the same property described in that title commitment All Improvements on the subject property are in accord with minimum setback, height and floor space area provisions and restrictions of record or disclosed by applicable zoning or building codes or subdivision map for the subject property, if any. 6. The subject property has access to and from a duly dedicated and accepted public street or highway as indicated on the survey. 7. Except as shown on the survey, the subject property does not serve any adjoining property for utilities, or ingress or egress. B. The above description of the subject property fors a mathematically closed figure. 9. A portion of the subject property shown on the survey lies within a Special Hazard Area, as described on the Flood Insurance Rate Map for the community in which the subject property is located. (The survey correctly indicates the zone designation of any area shown as being within a Special Hazard Area.) Franklin 0. Blake, P.E. h L.S. Registration No. 7839 Dated: 0 Z z I g O I U ZI Z 0 U 104 g e3 JOB NVMBER M1E BVCERUS 11-01-2001 SHEET NUMBER 1 OF 1 Reason for Request: (Please attach additional sheets if more space is needed) We are requesting a change of zone from the Transition (T) zone district to the Low Density Mixed Use Neighborhood (LMN) zone district in order to develop the property. The LMN zoning is consistent with the Mulberry Framework Plan that was developed by the City of Fort Collins. 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. Respe ully submitted, State of Colorado ) ) ss. County of Larimer ) The forgoing instrument was acknowledge before me this /�i� day of , 2 Dtg_3, BY Z.Q r A7ohbi e, for the purpose therein set forth. My commission expires Please return to the City of Fort Collins Current Planning Department. City of Fort Collins Petitioner: CITY OF FORT COLLINS REZONING PETITION Roger B. Sherman / BHA Design, Inc. Name Name Owner: Whitham Farms, LLC David W. Whitham, Manager Name Mary E. Whitham, Manager Name 4803 Innovation Drive Address Fort Collins, CO 80525 City, State, Zip Address City, State, Zip 0189 Arrowhead Bluff, Blue River Route Address Silverthorne CO 80498 City, State, Zip 0189 Arrowhead Bluff, Blue River Route Address Silverthorne, CO 80498 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 160.3 acres, more or less, from T zoning district to LMN zoning district: LEGAL DESCRIPTION: The NW1 /4 of Section 9, Township 7 North, Range 68 West of the 6th P.M., Except Right of Way for County Road 48 and Except Right of Way in Book 245 at Page 77, County of Larimer, State of Colorado Larimer County Parcel Locator Page 1 of 1 Zoom Out Map created bV Larimer Zoom Out Larimer County Parcel Locator No IS and 61a ping C GIS Home Select by Data ( / / Legend Major Roads Road System Railroad Township/Range Lines L ❑ Section Lines ❑ Quartersection Lines Parcel Lines Airports f ., 1 ❑ grass ❑�� paverne2 q t . LakesrPondsiReservoir l N Rivers.(Streanr; J School ,,h ■ Larimer County ParkslQpenspacelProlec- led Areas j'. ; ■ City Parks Bureau of Land Management fkreaua#Lard Mgnn Incorporated Areas BiLFMui ❑ Ewes ?ark n fan Comm - .:J http://www.larimer.org/website/parlink/viewer.htm 7/25/2003 Larimer County Parcel Locator Page 1 of 1 Parcel LOcatOr Select by Data Legend f% Major Roads Road System Railroad Township,rRange Lines Section Lines ❑ Ouartersection Lines Parcel Lines Airports F-1 grass ^ I I Paremerf ■ LakesPondvReservoir Rivers"Streams School ■ Latimer County ParWOpenspace(Protec led Areas ■ City Parks Bureau of Land Management ® eveauor Lan! Mgmr. Incorporated Areas Zoom In http://www.larimer.org/website/parlink/viewer.htm 6/3/2003 No Text Whitham Property Rezoning Request, #24-02A August 7, 2003 P & Z Meeting Page 4 East Mulberry Corridor Plan Framework Plan, both which match the requested zone district. Therefore, the request complies with this criterion. 5. Findings of Fact: In evaluating the request for the Whitham Property Rezoning, Amendment to the Zoning Map from T — Transition to LMN — Low Density Mixed -Use Neighborhood, Recommendation to City Council, Staff makes the following findings of fact: A. The City Plan rezoning in March, 1997 for portions of this property to be placed in the T — Transition District and the annexation and zoning to T - Transition for the remainder of the property in August, 2002 assumed no immediate development. Based on a current intent to development the property, the request to rezone it into the LMN — Low Density Mixed -Use Neighborhood District is necessary. B. The subject property for the Whitham Property Rezoning is designated on City Structure Plan as "Low Density Mixed -Use Residential'. The request to rezone the property to LMN, therefore, complies with the City Structure Plan. C. The subject property for the Whitham Property Rezoning is designated on the Framework Plan map in the East Mulberry Corridor Plan as "Low Density Residential'. The request to rezone the property to LMN, therefore, complies with the East Mulberry Corridor Plan. D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. RECOMMENDATION: Staff recommends approval of the Whitham Property Rezoning, Amendment to the Zoning Map from T — Transition to LMN — Low Density Mixed -Use Neighborhood, and Recommendation to City Council - #24-02A. Whitham Property Rezoning Request, #24-02A August 7, 2003 P & Z Meeting Page 3 The requested zoning for this property is the LMN - Low Density Mixed -Use Neighborhood. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan and East Mulberry Corridor Plan, both part of the City's Comprehensive Plan, presently suggest that Low Density Mixed -Use Residential is appropriate in this location. 2. Structure Plan: The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Low Density Mixed -Use Residential". Therefore, the request is in compliance with the City Structure Plan. 3. East Mulberry Corridor Plan: The East Mulberry Corridor Plan (adopted September, 2002), an element of the City's Comprehensive Plan, is a document that establishes the framework for zoning, land use, transportation planning, and urban & streetscape design for an area along East Mulberry Street bounded by Lemay Avenue to the west, East Vine Drive to the north, and Interstate 25 to the east. Properties in the study area on the south side of East Mulberry Street are bounded on the south by a meandering line that, in essence, represents the current City limits in this area. The Framework Plan map (a copy of the map is attached to this Staff Report) designates the subject parcel as "Low Density Residential." Therefore, the request is in compliance with the East Mulberry Corridor Plan. 4. Request for LMN Zoning — Section 2.9.4 (H): The request to rezone the 160.3 acre property is considered a quasi-judicial action since the parcel is less than 640 acres. The requested rezoning shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment satisfies the following: Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As previously mentioned, the property is designated as "Low Density Mixed -Use Residential" on the City Structure Plan and as "Low Density Residential" on the Whitham Property Rezoning Request, #24-02A August 7, 2003 P & Z Meeting Page 2 COMMENTS: 1. Background: A. The surrounding zoning and land uses are as follows: N: FA1 in Larimer County; vacant land E: I in City of Fort Collins and Larimer County; vacant land, existing light industrial (Imu-Tek) S: I in Larimer County; vacant land W: T in City of Fort Collins; vacant land Portions of the subject property were annexed as the Buderus First Annexation (30 acres) & Buderus Second Annexation (108 acres) in May, 1992. They were zoned IL - Limited Industrial with a PUD condition. The remaining portion of the subject property was annexed as the Whitham Farms LLC Annexation (20 acres) in August, 2002. It was zoned T — Transition. B. City Plan Rezoning In March of 1997, in order to implement City Plan and Land Use Code, 138 acres of the property now being considered for rezoning (previously zoned IL - Limited Industrial with a PUD condition) were placed in the T — Transition District at the property owner's request. The City Structure Plan that was part of the City Plan at that time showed the subject property to be in the area identified as Low - Density Mixed -Use Residential Neighborhood. Because there was no intent at the time to develop the property, the owner was give the choice of placing the property in either the LMN - Low Density Mixed -Use Neighborhood District or T - Transition District. Since the implementation of the Land Use Code in 1997 an additional 20 acres of the property was annexed and zoned T - Transition because there was no intent at the time to develop the property. This occurred in August, 2002 C. Current Request The petitioner, BHA Design, Inc., filed a rezoning petition with the City on June 23, 2003. The petitioner is requesting a rezoning of 160.3 acres from T — Transition to LMN — Low Density Mixed -Use Neighborhood. The T - District functions as a "holding" zone where no uses are permitted on a property except uses that existed on the date the property was placed in this District. The property is currently vacant. ITEM NO. 3 MEETING DATE 8/7/03 STAFF Steve Olt: City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Whitham Property Rezoning, Amendment to the Zoning Map from T - Transition to LMN — Low Density Mixed -Use Neighborhood, Recommendation to City Council - #24-02A PETITIONER: BHA Design, Inc. c/o Roger Sherman 4803 Innovation Drive Fort Collins, CO 80525 OWNER: Whitham Farms, LLC c/o David W. and Mary E. Whitham 0189 Arrowhead Bluff, Blue River Route Silverthorne, CO. 80498 PROJECT DESCRIPTION: Request to rezone 160.3 acres from T - Transition to LMN - Low Density Mixed - Use Neighborhood. The request is for rezoning of a property located on the south side of East Vine Drive between North Timberline Road (1/2 mile to the west) and Interstate 25 (1/2 mile to the east). The property is currently vacant. RECOMMENDATION: Approval EXECUTIVE SUMMARY: Portions of the subject property were, annexed into the City in May, 1992 and placed in the IL — Limited Industrial District with a Planned Unit Development (PUD) condition. They were placed in the T - Transition District as part of the City Plan city-wide rezoning in March, 1997. The remaining portion of the subject property was annexed into the City in August, 2002. It was zoned T — Transition. The T - District functions as a "holding" zone where no uses are permitted on properties in the T - District except uses that existed on the date the property was placed in this district. No new permanent structures shall be constructed on any land in this district. The rezoning request complies with City Structure Plan, the East Mulberry Corridor Plan, and complies with the applicable review criteria by which rezoning requests are evaluated. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT