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.
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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