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HomeMy WebLinkAboutJOHNSON PROPERTY REZONE - 32-01 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSJohnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 6 i low intensity uses at the lower..southeast corner of the site just as well as if the entire portion of the property below the valley wall was an Urban Estate designation (as currently depicted on the Structure Plan). Staff recommends a fourth change to, the Structure Plan, which is not part of the applicant's request. After careful consideration, staff has determined that land within 1000 feet of the wastewater treatment plant (as measured from the planned expansion thereof) is not appropriate for residential uses at urban levels of intensity. Staffs position is that the planned wastewater treatment plant expansion, first proposed in 1999, is considered a "changed condition" in the neighborhood surrounding the subject property. Although the Structure Plan depicts the property adjacent to the wastewater treatment plant as Urban Estate, staff had determined that this Structure Plan designation is no longer appropriate, and that the most appropriate designation for property within 1000' of the plant is Rural/Open Lands. Please see the attached memo titled, "Chronology of Events Leading to Odor Issues at Fort Collins WWTFS." 3. The Land Use Code The applicant proposes (in their "preferred alternative") three zone districts for the property; MMN — Medium Density Mixed -Use Neighborhood District, LMN — Low Density Mixed -Use Neighborhood. District, and UE — Urban Estate District. The locations of the applicant's proposed zone district boundaries correspond to their proposed Structure Plan amendments. Section 2.9.4(H) of the LUC specifies the process for amending the zoning map. This section of the code specifies two mandatory requirements and three additional considerations. Mandatory Requirements Consistent ,with the. Comprehensive Plan; and/or Warranted by.changed.conditions within the neighborhood surrounding and including the subject property. The proposed MMN and LMN zoning configurations are consistent with the elements of the proposed Structure Plan amendment that staff supports, and assuming Council amends these components of the Structure Plan as recommended, the portion of the site which has proposed rezonings from T to MMN and LMN is consistent with the Comprehensive Plan. I ecomwod L UMW MMN scomipalo " D % (01150 f4ffCC6 fib oi5 �rgevIS:oh Lf4) DE RC. < f e-mAlr:Ne (. N r I�+�rl�•v Iv qS t� t.M W UE Ml'`V4 jct,nort0 Ca.�So (tkrTC,4 iv a,5 "RC. -A S fo vN 2 ) 1 ?.vlSleH ���) EXISTING ZONING PLAN EXISTING ZONING: TRANSITIONAL OWNER/APPLICANT ZONING PLAN AMENDMENT THE JOHNSON PROPERTY FORT COLLINS, COLORADO PROPOSED ZONING PLAN LEGAL DESCRIPTION . ➢.Y� W V.p W Wrt F KIY r. �N i iAR IWQ Y .O] W M IM .a. 4NY W Wrt AIM WNx Y[ W MO ]LaoN W N f.ixtl un .xo .m. Yo wF YL r3Nm aoxuFm �mF K4M NQIO. O tM..d NNM M Y.iMY u6 M� .Wu Y . IPII .ICN lIM IYI IYI.tl 16L, MY .o.n i@]rW1 �.N W ... IIW M 4b IKNCL vl ➢i .Ln M M LMKAY IWxl-p-..Y Y[ W ML O➢IM NNIW➢. 119CL YY W➢IYY 1101-W-NY IN. 3M�I'Wt W. Rf m�N YK V YY e6'IM W, MKL YYxe YO LANn NL �NI ]M..M M bi1KN1 Cosa o. m[ KvmY fR➢W M uiYl � m. 1 W 11 .MY IN' 1106 YMl M fM[Ar FO YIYML4Y YNYwY W' pMMIT' wxvti rnu .m. No Kr« xrrieml xn . n.rtY a wY Wurt . M Kn Y-wI a. � r �vso r oM SOYiN Yt M M WNs01 pC- PWIL➢ W so L[LI4 A tl R.✓ NR W Wt ..o wM W tM0 OnYd Yw 4WM Mlyfo O Ww1w6 wn� M YMKY � !ss B� Y M WYN{SI [aM 6 M 0 W ENO ..o:.iu W ivr.tl m.a o � �omo�m 11�W. � M � iMY 4POl uK V M1( Yp WSY T me.o IYLII M]6 OKIWL MtlG M OSIK I[M:I 11xL MV mt IQf q..yl q M LONs6WOY �G.-O-v u(W N Mile PMW WItlY' MN¢ 4iA M feo IGI-oI-x.Y IK w��S.1 rLJL I[n us .olu MN M M[ P . rile] IWL xMOs OIK W M xOn N. � W.n An. M Io1Ti OYWMP o �ill6 Y]11 W.L IQf tM M K31 V[ W M-Wllrtll W YN YP(.1 @ 4IXL W V.e'.➢t �IWwi IZ[I MnlM .Y! YM O M[ Y.O KKM61 -GWRN:.N04 WZW'�et r]1 .r .T N M PoMI M.WMi. PROPOSED ZONING Yonw wcFwe ornem O W.N Yi.I[ Y.IOAG S.O W/AG M.W/. L= oar Kim.a<uoeom �[f..Twc G.O-Y.OpuK O T mM 1't000E6 YI.GTK 11110.001!/wG wL ZI'I.ITK LIE _ Qie PROPOSED ZONING: INDUSTRIAL MIXED MEDIUM NEIGHBORHOOD (MMN) LOW MIXED NEIGHBORHOOD (LMN) URBAN ESTATES ViV JamesCompw]y �.x.��N �JDaWNM ]AMPS SHEETV10F1 ZONING PLAN AMENDMENT STRUCTURE PLAN AMENDMENT THE JOHNSON PROPERTY FORT COLLINS, COLORADO III CURRENT STRUCTURE PLAN LAND USE DATA III PROPOSED STRUCTURE PLANAMENDMENT LAND USE DATA I I i =WUE CURRENT STRUCTURE PLAN (874-1 143 UNITS) PROPOSED STRUCTURE PLAN AMENDMENT �7 (1 O 1 5-141 5 UNITS) JOme9Compan}• TSTil"�,u DOWN= _ T[10RPE J �)AMES SHEETYIOFI e STRUCTURE PLAN AMENDMENT STRUCTURE PLAN AMENDMENT THE JOHNSON PROPERTY FORT COLLINS, COLORADO Ik[I I: CURRENT STRUCTURE PLAN LAND USE DATA im4 i�1w47 �ePe.L WIUC e'/i ea MMN UE CURRENT STRUCTURE PLAN (874- 1 1 43 UNITS) PROPOSED STRUCTURE PLAN AMENDMENT (1 O 1 5-1 4 1 5 UNITS) Jame,.romp�.i ry DOWtZM Wom ® JAMBS SHEET I OF 1 STRUCTURE PLAN AMENDMENT a Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 10 RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Council to amend the Structure Plan in accordance with the diagram titled, "Staffs Recommended Structure Plan Amendment." Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Council to amend the Zoning Map in accordance with the diagram titled, "Staffs Recommended Rezoning Configuration." Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 9 6. Staff finds that the proposed UE zoning configuration (as proposed on the applicants "preferred alternative") is not consistent with the Structure Plan amendment supported by staff and is therefore not consistent with the Comprehensive Plan. 7. Staff finds that plans to expand the wastewater treatment plant have contributed to "changed conditions" within the neighborhood surrounding the subject property. 8. Staff finds that, as a result of the said "changed conditions," residential uses at urban levels of intensity (such as allowed in the LIE zone district), in the area within 1000 feet of the existing and future expansion area of the wastewater treatment plant, are inappropriate. 9. Staff finds that the proposed zoning, as depicted on the applicant's "preferred alternative," does not reflect zoning that is appropriate for the land within 1000 feet of the existing and future expansion area of the wastewater treatment plant because LIE zoning is requested. 10. Staff finds that the proposed rezoning will not result in significant adverse impacts on the natural environment. 11. Staff finds that the proposed Zoning Map amendment would result in a logical and orderly development pattern (to the extent that it can be determined at the zoning stage of the development review process) because the proposed configuration of zone district boundaries would promote a transition of intensity from the top of the high intensity uses at the southwest corner of the site to the low intensity uses at the, lower southeast corner of the site. 12. Staff finds that the Rural/Open Lands and Stream Corridors designation is the most appropriate Structure Plan designation for the land within 1000 feet of the existing and future expansion of the wastewater treatment plant because of the odor emitted from the treatment plant and the potential nuisance such proximity to the plant would have to residential uses. 13. Staff finds that the River Conservation District is the most appropriate zone district for the land within, 1000 feet, of the existing and future expansion of the wastewater treatment plant because of the odor emitted from the treatment plant and the potential nuisance such proximity to the plant would have to residential uses. Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 8 FINDINGS OF FACT/CONCLUSIONS After reviewing the Johnson Rezone Rezone and Structure Plan Amendment, File #32-01, staff makes the following findings of fact and conclusions: 1. Staff finds that the applicant's first proposed change to the Structure Plan to eliminate the Neighborhood Commercial Center designation on the site is needed and would be consistent with the vision, goals, principles and policies of City Plan because the Rigden Farm Neighborhood Commercial Center is satisfying the intent of this "red dot" designation on the Structure Plan. 2. Staff finds that the applicant's second proposed change to the Structure Plan to eliminate the Industrial designation on the site is needed and would promote public welfare and be consistent with the goals, principles and policies of City Plan because the successful adaptive reuse of the historic resource (the Jessup Farmstead) would be better suited to uses allowed in the LMN zone district rather that.the Industrial zone district. 3. Staff finds that the applicant's third proposed change to the Structure Plan to extend the Low Density Mixed -Use Designation below the valley wall is needed and would promote public welfare and be consistent with the goals, principles and policies of.City Plan because the proposed amendment accomplishes the intent to provide a transition of intensity from the top of the high intensity uses at the southwest corner of the site to the low intensity uses at the lower southeast corner. 4. Staff finds that a fourth amendment to the Structure Plan is needed in order to prevent land within 1000 feet of the wastewater treatment plant (as measured from the planned expansion thereof) from being developed at urban levels of residential intensity, and therefore the most appropriate Structure Plan designation for the said property within 1000' of the plant is Rural/Open Lands. 5. Staff finds that the proposed MMN and LMN zoning configurations are consistent with the elements of the. proposed Structure Plan amendment that staff supports and, assuming Council amends these components of the Structure Plan as recommended, the portion of the site which has proposed rezonings from T to MMN and LMN is consistent with the Comprehensive Plan. Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 7 With regard to the treatment of the lower southeast portion of the property, the applicant's "preferred alternative" is not supported by staff in that it proposes Urban Estate within 1000 feet of the existing and future expansion area of the wastewater treatment plant. Staff therefore finds that the applicant's "preferred alternative" is not consistent with the Comprehensive Plan for the said area within 1000 feet of the plant. Staff has determined that the plans to expand the plant have contributed "changed conditions" within the neighborhood surrounding the subject property. As a result of the "changed conditions," a rezoning configuration supported by staff must not propose residential uses at urban levels of intensity in the area within 1000 feet of the existing.and future expansion area of the wastewater treatment plant. Please see the attached memo titled, "Chronology of Events Leading to Odor Issues at Fort Collins WWTFS." Additional Considerations Whether, and the extent.to which, the proposed zoning change is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; Whether, and the extent:to which, the proposed zoning change 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; Whether, and the extent.to which, the proposed zoning change would result in.a logical and orderly development pattern. Considering the said "changed conditions," staff has determined that the proposed zoning as depicted on the applicant's "preferred alternative" does not reflect zoning that is appropriate;for the land within 1000 feet of the existing and future expansion area of the wastewater treatment plant. The Natural Resources Department does not consider the proposed zoning to have any adverse impacts on the natural environment. To the extent that it can be determined at the zoning stage of the development review process, staff finds that the proposed Zoning Map amendment would result in a logical and orderly development pattern because the proposed configuration of zone district boundaries would promote a transition of intensity from the top of the high intensity uses at the southwest corner of the site to the low intensity uses at the lower southeast corner of the site. Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 5 or significant industrial use into this small area, isolated from adjacent industrial development to the east by topography and the RR tracks. Regarding the relationship to Industrial uses across Timberline to the west, we do not believe it is worthwhile to push for Industrial use on a piece of high ground south of the farm. It could be highly intrusive, sandwiched between the farm site and the future neighborhood. Given all of these considerations, we question whether the remnant of Industrial designation on the farm site is worthwhile. It appears that the applicants realize Industrial is not necessarily the appropriate designation, evidenced by the major limitation on industrial uses stated on the Overall Development Plan which is being reviewed in conjunction with this rezoning. We believe this makes the most sense after considering this site in more detail. This is an appropriate adjustmenbrefinement of the Structure Plan and it is not necessary to retain the map image with a token spot of I on the preserved farm: In fact, it makes the most sense for the farm to simply be considered part of the neighborhood to the south." Staff finds that there is a need to change the Structure Plan with regard to the elimination of the Industrial designation on the site because it is impractical to extend any meaningful or significant industrial use into this small area. Furthermore, staff finds that the -proposed elimination of the Industrial designation at the location of the Jessup Farmstead Complex would promote public welfare and be consistent with the goals, principles and policies of City Plan because adaptive reuse of the historic resource would be better suited to uses allowed in the LMN zone district rather that the Industrial zone district. The third proposed change to the location and configuration of what is now shown on the Structure Plan is the notion of extending a portion of the Low Density Mixed -Use Neighborhood designation to areas below the valley wall (but not into the portion of the site within 1000' of the expanded wastewater treatment plant). Staff finds that there is a need to change the Structure Plan with regard to extending the Low Density Mixed -Use ,Neighborhood designation below the valley wall because the Structure Plan was not intended to be precise at this Iodation, and a closer site -specific consideration of this designation in this location accomplishes the intentito step down the level of intensity toward the river valley just as well as a plan that has Urban Estate in this location. Furthermore, staff finds that the proposed extension of the Low Density Mixed - Use designation below the valley wall would promote public welfare and be consistent with the goals, principles and policies of City Plan and that the proposed amendment accomplishes the intent to provide a transition of intensity from the top of the high intensity uses at the southwest corner of the site to the Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing` Page 4 Plan consistent with the zoning that is proposed. Appendix C of the Comprehensive Plan specifies that the City Council must make the following two findings in order for the Structure Plan to be amended: • The existing Structure Plan is in need of the proposed amendment; and • The Structure Plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. The applicant proposes three changes to the Structure Plan, and staff proposes a fourth change. The first proposed change to the Structure Plan is to eliminate the Neighborhood Commercial Center designation on the site. Staff advised the applicant that the Rigden Farm development already has enough property zoned NC that accommodates all the land area intended to be NC as a result of the "red dot' depicted on the Structure Plan. When the "red dot' of the Neighborhood Commercial Center designation was originally located at this intersection, it was intended that the corresponding NC zone be either located on the north or the south side of Drake Road, but not necessarily on both. Staff finds that there is a need to change the Structure Plan with regard to eliminating the NC designation on the north side of Drake Road:. The. change would be consistent with the vision, goals, principles and policies of City Plan because the Rigden Farm Neighborhood Commercial Center is satisfying the intent of this "red dot' designation on the Structure Plan. The second proposed change to the Structure Plan is to entirely eliminate the Industrial designation on the north portion of the site. Staff advised the applicant that the historic Jessup Farmstead.Complex would be better served if it were designated Low Density Mixed -Use Residential rather than Industrial because the permitted uses available in the LMN zone district are more compatible to a successful preservation of this historic resource. Clark Mapes from the Advance Planning Department made the following comment with regard to the removal of the Industrial designation from the site on the Structure Plan: "-We acknowledge that this proposal reduces the Industrial area to a token remnant of what is shown as Industrial on the Structure Plan. We understand that there is zero interest in.., extending true Industrial land use (as described in City Plan and the Land Use Code) into the area currently shown on the Structure Plan; and that the Jessup Farm site will be preserved and adapted to new uses, but not typical "industrial" uses. After considering this spot in greater detail, we agree that it appears impractical to extend any meaningful Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 3 W: MMN; LMN; E Timberline Road, Approved Spring Creek Farm North ODP, RL; Existing Parkwood East neighborhood, Union Pacific Railroad tracks, city trail running adjacent to the railroad tracks (on the west side), E: Partially vacant industrial pipe plant, I; Existing industrial uses, The property was annexed in November 1997 as a portion of the "Timberline Annexation." Any rezone request of property that is —currently in the T — Transition zone district is treated somewhat differently than any other rezone requests in that property currently in the Transition District has an inherent right to a speedy process to bring the property out of the zone district. Section 4.9(B)(2) of the LUC clarifies this said treatment of rezone requests for property in the Transition District, and reads as follows: "The owner or any property in the T District may at any time petition the city to remove the property from the 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 fifteen (15) 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." In summary, this means that the Planning and Zoning Board must discuss the item at the September 17, 2001 hearing, and recommend an appropriate zone for the property. If the Planning and Zoning Board does not support the zoning proposed by the applicant, the Board must recommend a zone configuration to Council. The Board cannot recommend to leave the property in the Transition zone. 2. Amending the Structure Plan The Structure Plan is an element of the Comprehensive Plan. The proposed zoning is not consistent with the current Structure Plan, however, the applicant proposes to amend the Structure. Plan. -in a manner that would make the Structure Johnson Property Rezone and Structure Plan Amendment, File #32-01 September 17, 2001 P & Z Hearing Page 2 EXECUTIVE SUMMARY: After careful consideration, staff cannot support the applicant's Structure Plan amendment or rezone request as proposed in the applicants "preferred alternative". A Structure Plan amendment configuration that can be supported by staff would have all on -site areas within 1000 feet of the wastewater treatment plant (including planned expansion area) designated Rural/Open Lands and Stream Corridors. The proposed Structure Plan amendment configuration for the remainder of the site (further than 1000 feet from the plant) can be supported as proposed. A rezoning configuration that can be supported by staff would have all on -site areas within 1000 feet of the wastewater treatment plant (including planned expansion area) zoned RC — River Conservation. The proposed rezoning for the remainder of the site (further than 1000 feet from the plant) can be supported as proposed. COMMENTS: Background: The surrounding zoning and land uses are as follows: N: E; I Prospect Industrial Park, SW: RL; Intersection of Drake Road and Timberline Road, Meadows East Neighborhood (single family housing), S: T: Existing farm land, Cargil seed research facility, NC; The planned Rigden Farm Neighborhood Commercial Center, the intersection of Timberline and Drake, MMN; The planned Rigden Farm multifamily housing area, LMN; The Rigden Farm multifamily and single family housing area, the planned Timberline Church, E: I; RC The Great Western Railroad tracks, Prospect Industrial Park, POL; Prospect Ponds, RC; Existing wastewater treatment plant and planned future expansion, STAFF REPORT PROJECT: Johnson Property Rezone and Structure Plan Amendment, file #32-01 APPLICANT: Melinda Bartlett The James Company 2919 Valmont Road, Suite 204 Boulder, CO 80301 OWNERS: Spring Creek Farms, LLP 3432 Carlton Ave. Fort Collins, CO 80525 PROJECT DESCRIPTION: This is a request to rezone approximately 217 acres of property located on the northeast corner of Timberline and Drake Roads. The property is currently zoned T - Transitional. The Structure Plan designation for the property is a combination of Industrial, Urban Estate, Low Density Mixed -Use Residential, Medium Density Mixed -Use Residential, and Neighborhood Commercial Center. The applicant is proposing to amend the Structure Plan to remove the Industrial and Neighborhood Commercial Center designations from the site, and to slightly modify the boundary line between Urban Estate and Low Density Mixed -Use Residential. The applicant is also requesting to rezone the property to a combination of LMN, MMN, and UE to correspond to the requested Structure Plan amendment.. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Council to amend the Structure Plan in accordance with the diagram titled, "Staffs Recommended Configuration." Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Council to amend the Zoning Map in accordance with the diagram titled, "Staffs Recommended Configuration." COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT