HomeMy WebLinkAbout2021 TIMBERLINE LANE - REZONE - 3-01 - REPORTS - FIRST READING (3)May 14, 2001
Mr. J.D. Padilla
3600 South College Avenue
Fort Collins, Colorado 80525
Subject: Timberline Lane Property
Dear J.D.,
THEGRQUPINC.
Real Estate
You have asked for my opinion on the economic feasibility of the above described
property as an "urban estate".
I have made a site visit to the property on Timberline Lane and understand that it will be
approximately three -fourths of an acre in size once Timberline Road is widened. The
property has a nice setting with several mature trees. However, with the east boundary
line bordering Timberline Road, the site is not particularly suited as an "urban estate".
Our experience in marketing approximately 5,000 properties per year, indicates that when
a residential property borders a busy street like Timberline Road, its suitability for a
home, particularly a large estate, is negatively impacted in a significant way. The street
noise, lack of tranquility, and perceived risks to small children tend to make this type of
property less attractive to residential buyers. As a result, it will be difficult to make the
subject property work as an "urban estate" in my opinion.
While a busy street tends to negatively impact residential properties that border it, the
busy street tends to enhance its commercial viability. It is my understanding that this
property is identified as part of the Harmony Corridor plan and, as such, has potential
commercial uses. In my opinion, the property appears more feasible for a commercial
use than as an "urban estate".
If you have further questions about the this property and the value of its potential uses,
please give me a call.
Sincerely,
Larry Kendall
Chairman
South ONice
375 East Horsetooth Road
Fort Collins. Colorado 80525
9701223-0700
19
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r� THE SEAR -BROWN GROUP
J FULL -SERVICE DESIGN PROFESSIONALS
FORMERLY R8D, INC.
209 SOUTH NIELDRUNI
FORT COLL:NS. COLORADO 80521.2603
970-482.5922 FAX:970.482-6368
DESCRIPTION: JAL PROPERTY
A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range
68 West of the 6`h Principal Meridian, City of Fort Collins, County of Latimer, State of
Colorado being more particularly described as follows:
Considering the East line of said Southeast Quarter as bearing North 00019'55 ' East and
with all bearings contained herein relative thereto:
Commencing at the Southeast comer of said Section 31. thence along said East line,
North 00019'55" East, 162.00 feet; thence, North 89128'06" West, 30.00 feet to a point
on the West right-of-way line of TIMBERLNE ROAD and the POINT OF
BEG114NING, said point also being on the South line of that parcel of land described at
Reception No. 87062353 on file at the Latimer County Clerk and Recorder Office; thence
along said South line, South 71°09'25 ' West, 52.67 feet; thence departing said South
line, North 00°26'24" West, 15.30 feet; thence, North 01°52'24" East, 202.23 feet to a
point on the North line of that parcel of land described at said Reception No. 8706235S;
thence along said North line, South 89°28'05' East, 44.28 feet to a point on said West
right-of-way line of TIMBERLINE ROAD; thence along said West right-of-way line,
South 00° 19'55" West, 200.00 feet to the Point of Beginning.
The above described tract of land contains 9,82S square feet more or less and is subiect to
all easements and rights -of -way now on record or existing.
February 22, 1999
jal.doc
NEW YORK-PENNSYLVANIA
COLORADO-UTMI
STANDARDS IN EXCELLENCE EQUAL OPPORiuNtTY EMPLOYER
STATE GF FLORIDA
COUNTY OF mor-VIA SS
THE FOREGOD;G n;SMMENT WAS A0Q;M = sLn! E I ON THIS �� DAY
BY: ANDREW MICHAELS AS PARTNER OF JAL, A PARTNERSHIP .�vD,)
MY COMMISSION EXPIRZ.S
WMMSS MY HAND AND OFFICIAL SEAL. p C C r
NOTARY PUBLIC 61
TERM C
amm nv wpn .ax ua..ir�
RCP'PN 0 2000084993 12/14/2000 13:33:00 M tA3t- zL '*5.:0
M ROUENBERGER KECORUER, LARIMER 110UNTY CO SPATE L'VC tEE '
WARRAN'ry m-'i-'M
TIIIS DEED, Made on this day of Uecenther ON 2txxl ,
between )AL. A PARTNERSHIP
c Dccumentay rap.
Cate
of the County of LARINIER and State of Culurnin lac Grantor(s), and
TI IE• CITY Oh FORT COLLINS, COLURAUO. A MUNICIPAL CORPORA11ON
whose legal address is : 300 LAPOR11' AVENUE FORT' (:OLLINS CO R05b1
of the County of LARINIIiIt and State of ('olurado the Grantee(%):
WITNESS, That the Grentor(s), for and in consideration of the sum of ( S5 1,0(100 )
IR)I,I
•" Fifty One Iliousand and 001100 "'
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does rant, bargain, sell, convey and confirm unto the Grant ev(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of g
LARIMER and State of Colorado, described as follows:
SEC: C•XIl1011' 'A' A fTr\C11EU I IERGI'U ANU MAUL' A I'AR'1' HEREOF
also known as street number A 1'OIYI'ION OF 2021 T'INIBERIANI: LANE. FOICI' COI.LIN%. CU N0525
TOGETHER with Ott and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
'P0 11AVE AND TO 110LD the said premises above bargained and described with appurtenances, unto the Granter(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs aril personal representatives, does covenant, gran:,
bargain, and agree to and with the Granter(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, arid that the same are free and clear from all former and othe•
assessments, encNnbrancc% and restrictions of whatever kind or nature :Drier,
grant%, bargains, sales, liens, [aACS,
SCIB)ECr'rO GENERAL TAXES FOR 'Fill: YEAR 2UW; ANU EASENIENIS, Itl;sl:RVA'1'IUNS, RI•:S'1 RICIIUNS, t'c )\'L\:\Nl'S :\XU
RIGIrrS OF WAY OF RECORD, IF ANY; AND UIS1Tl I11U'HON U'1'IIXI'Y EASEMIiNrS; ANU NIA11ERS NU"1 SI!0W'N BY I III: PI- I('
RECORDS BUT OF WIIICII GRAMME ILAS M-TUAL KNOWLEDGE; AND INCLUSION OF I'IIF. PROI'I:RIY Wf IIIIN ANY SPIAI \I
TAXING DISTRICT: ANU TIIE BENEFIT'S AND IIURUENS OF ANY IMC'LARA11ON ANI I PAW Y WALLAGIt P. F.\tltNl S, If- AN\'
the Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises !n the quiet and peaceable,
possession of the Grantee(s), his heirs and assigns, against Ott and every person or persons tawfutlY CWtmung the wnolr
or any part thereof. The singular number shall include the plural, and the plural the singular, a,d the use of any 9en.:et
shall be applicable to Olt genders. '
IN WITNESS WHEREOF the Grantor(%) nos executed this deed on the date set forth at>,:ve.
STATE Or t-nlu _'ula )
)55.
County of LARINIFIC
The foregoing instrument was ackrouitcd9rd before me an this day of Urcelhhhcr ON• 2'kRI
by LARRY )I:NKINS ANTI WRON11: M kIAAS, PARINFIt501• ):\I., A PAN iV1-it"Illl'
My commission expires
Witness my hand Ord off
Now and Address of Person Cr
Escrow# FC201851
title# FC201851
R.roTI �� c•Sa�ool
Fig Newly Crented Le9t
No. 932 Rc. 4.94. WARRANTY DEED
when Recorded Return
Ic Record WI
Notary Paul itGr
Division 4.21, Harmony Corridor District
Division 4.21(E)
(b) Where an employment or industrial use abuts a residential
area, there shall be no drastic and abrupt change in the
scale and height of buildings.
(c) All commercial/retail and industrial uses, except for off-
street parking and loading, shall be conducted or carried
out entirely within completely enclosed buildings or
structures.
(3) Building Design.
(a) Industrial Buildings. To the extent reasonably feasible,
industrial buildings shall provide a primary entrance that
faces and opens directly onto the adjacent street sidewalk
or a walkway, plaza or courtyard that has direct linkage to
the street sidewalk without requiring pedestrians to cross
any intervening driveways or parking lots.
(b) Campus Exception. An exception shall be permitted to
subsection (a) above, and to the requirements contained in
Section 3.5.3(B) if the development provides a "campus
or park -like development block," meaning development
with a unifying, formative internal framework of
pedestrian -oriented, nonvehicular outdoor spaces and
walkways that function as an alternative to street
sidewalks by organizing and connecting buildings. The
internal campus pedestrian circulation system shall be
designed to provide direct connections to common origins
and destinations (such as street sidewalks, transit stops,
restaurants, child care facilities and convenience shopping
centers).
(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§70, 71, 12/15/98; Ord. No. 99, 1999 §§30,
31, 6/15/99; Ord. No. 165, 1999 §§49-51, 11/16/99; Ord. No. 59, 2000 §§35-37, 6/6/00; Ord.
No. 183, 2000 §40, 12/19/00)
Article 4, Page 144-3
Supp. 9
Division 4.21, Harmony Corridor District
Division 4.21(D)
6. Storm Drainage. When integrating storm drainage
and detention functions to satisfy this requirement,
the design of such facilities shall not result in
slopes or gradients that conflict with other
recreational and civic purposes of the park.
(c) Community facilities or neighborhood support/recreation
facilities (which are permitted as an accessory use to
housing). If one (1) of these buildings or structures is
used to meet the requirements of this subsection, then it
must also include a year-round, publicly accessible,
outdoor space of at least ten thousand (10,000) square feet
in a usable configuration. Such a space may be a park-
like lawn, garden, plaza, pavilion or courtyard to
accommodate such activities or outdoor gatherings,
neighborhood events, picnicking, sitting or active and/or
passive recreation.
(7) Access to Neighborhood Center. At least ninety (90) percent of
the dwellings of a residential development proposal shall be
located within three thousand nine hundred sixty (3,960) feet
(three-quarter [3/4] mile) of either a neighborhood center pursuant
to the requirements of Division 4.4(1))(3)(c) that is located within
the project or within adjacent development, or an existing or
planned Neighborhood Commercial District commercial project,
which distance shall be measured along street frontage without
crossing an arterial street.
(E) Development Standards.
(1) Harmony Corridor Development Standards. All development in
the H-C Harmony Corridor District shall also comply with the
Harmony Corridor design standards as adopted by the city and the
following specific standards to the extent that such standards
apply to the property proposed for development.
(2) Site Design.
(a) In the case of multiple parcel ownership, to the extent
reasonably feasible, an applicant shall enter into
cooperative agreements with adjacent property owners to
create a comprehensive development plan that establishes .
an integrated pattern of streets, outdoor spaces, building
styles and land uses.
Sapp. 9
Article 4. Page 144-2
Division 421, Harmony Corridor District
S
Division 4.2/(D)
(4) Density/Intensity. All residential development in the H-C
Harmony Corridor District shall have an overall minimum
average density of seven (7) dwelling units per net acre of
residential land.
(5) Mix of Housing Types. A mix of permitted housing types shall be
included in any development plan proposing residential uses as
secondary uses. The following standards are intended to promote
a variety of housing within such a development plan:
(a) A minimum of two (2) housing types shall be required on
any residential portion of a development plan greater than
ten (10) acres but less than thirty (30) acres in size,
including parcels which are part of a phased development.
A minimum of three (3) housing types shall be required
on any residential portion of a development plan greater
thanthirty (30) acres in size, including parcels which are
part of a phased development. The following list of
housing types shall be used to satisfy this requirement:
single-family detached dwellings.
2. single-family attached dwellings.
3. two-family dwellings.
4. multi -family dwellings.
5. group homes.
6. mixed -use dwellings.
(b) If single-family detached housing is proposed, at least an
equivalent number of single-family attached housing,
two-family dwellings or multi -family dwelling units (or
combination thereof) must also be provided.
(c) Lot sizes and dimensions shall be varied for different
housing types to avoid monotonous streetscapes.
(d) Lot pattern. The lot size and layout pattem shall be
designed to allow buildings to face toward a street.
Article 4, Page 144
Supp. 9
Division 4.21. Harmony Corridor District
Community facilities.
Public facilities.
Child care centers.
Print shops.
Food catering. ' •'
Division 4.21(D)
Workshops and custom small industry uses.
Residential uses.
Lodging establishments.
Convenience shopping centers.
Standard restaurants.
Bed and breakfast establishments.
Clubs and lodges.
(m) Health and membership clubs.
(n) Convention and conference centers.
(3) Dimensional standards.
(a) Maximum building height for all nonresidential uses shall
be six (6) stories. Maximum building height for
residential uses shall be three (3) stories.
(b) All new structures greater than eighty thousand (80,000)
square feet in gross leasable area shall be subject to
Planning and Zoning Board review.
(c) Any building addition that exceeds eighty thousand
(80,000) square feet in gross leasable area and exceeds
twenty-five (25) percent of the gross leasable area of the
existing building shall be subject to Planning and Zoning
Board review.
f
Article 4. Page 143
SUPP. 9
Division 4.21. Harmony Corridor District
Division 4.21(B)
2.
Light industrial uses.
3.
Workshops and custom small industry uses.
(e)
Accessory/Miscellaneous Uses:
1.
Satellite dish antennas greater than thirty-nine (39)
inches in diameter.
2.
Wireless telecommunication equipment.
3.
Wireless telecommunication facilities.
(3) The following
uses are permitted in the H-C District, subject to
Planning and
Zoning Board review:
(a)
Residential Uses:
1.
Single-family detached dwellings.
2.
Single-family attached dwellings.
3.
Two-family dwellings.
4.
Multi -family dwellings.
5.
Group homes.
(b)
Institutional/Civic/Public Uses:
1.
Public and private schools for elementary, junior
high and high school education.
2.
Long-term care facilities.
(c)
Commercial/Retail Uses:
1.
Lodging establishments.
2.
Convenience shopping centers.
supp. 8
Article 4. Page 141
Division 4.2 ). Harmony Corridor District
Division 4.21(B)
(d)
Institutional/Civic/Public Uses:
1. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the H-C District, subject to
administrative review:
(a)
Residential Uses:
1. Mixed -use dwelling units.
(b)
Institutional/Civic/Public Uses:
1. Community facilities.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
4. Hospitals.
5. Public facilities.
6. Transit facilities without repair or storage.
(c)
Commercial/Retail Uses:
1. Offices, financial services and clinics.
2. Child care centers.
3. Print shops.
4. Food catering.
(d)
Industrial Uses:
1. Research laboratories.
Article 4. Page 140
Supp. 8
Division 4.21. Harmony Corridor District
DivisioN 4.21 HARMONY CORRIDOR DL4mer (H-C)
Division 4.21
(A) Purpose. The Harmony Corridor District is intended to implement the
design concepts and land use vision of the Harmony Corridor Plan — that
of creating an attractive and complete mixed -use area with a major
employment base.
(B) Permitted Uses.
(1) The following uses are permitted in the H-C District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site -specific development plan:
(a) Accessory/Miscellaneous Uses:
Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development planthat was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi -family dwelling containing more than four [4]
dwelling units), provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided, however, that such existing use shall constitute
a permitted use only on such parcel of property.
Article 4. Page 139
Supp. 8
Division 4.1. Urban Estate District
Division 4XE)
(e) The design of the cluster development shall be
appropriate for the site, as demonstrated by compliance
with all of the following criteria:
1. preservation of significant natural resources,
natural areas and features, native vegetation, open
lands or agricultural property through mainte-
nance of large, contiguous blocks of land and
other techniques;
2. provision of additional amenities such as parks,
trails, common areas or access to public
recreational areas and open space.
3. minimizing the visual intrusion of dwellings and
other structures and the blocking of vistas to the
foothills and prominent mountain vistas by
avoiding building in the center of a meadow or
open area.
4. protection of adjacent residential development
through landscaping, screening, fencing, buffering
or similar measures.
5. designing the layout of lots on the cluster
development so as to conform to terrain, and
locating such lots so that grading and filling are
kept to a minimum, and natural features such as
drainage swales, rock outcroppings and slopes are
retained.
6. if farm animals are intended to be allowed within
the area, indicating those portions of the area to be
developed that will be reserved for the keeping of
farm animals and the mitigation efforts used to
buffer these areas from surrounding uses.
(Ord. No. 122, 1997 §55, 8/5/97; Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §36, 12/15/98;
Ord. No. 165, 1999 §32, 11/16/99)
Article 4. Page 3
Stepp. 9
Division 4.1. Urban Estate District Division 4.1(E)
(b) Development in this District shall be exempt from the
standards contained in Section 3.6.3, Street Pattern and
Connectivity Standards.
(2) Site Design for Residential Cluster. Development. Sites in the
Urban Estate District may be developed in clusters according to
the cluster development standards established below, subject to
approval by the Planning and Zoning Board. In a cluster develop-
ment, lot sizes may be reduced in order to cluster the dwellings
together on a portion of the property, with the remainder of the
property permanently preserved as public or private open space.
The following standards shall apply to cluster development in this
District:
(a) Only uses permitted in subsection (B) shall be allowed.
(b) Cluster development shall set aside at least fifty (50)
percent of the total land area of the proposed development
as private or public open space that is permanently pre-
served as open space through dedication of ownership, if
acceptable to the city, or placement of an appropriate
easement granted to the city or other nonprofit organiza-
tion acceptable to the city, with such restrictive provisions
and future interests as may be necessary to ensure the
continuation of the open space use intended. As a condi-
tion of approval, the city may also require the property
owners to maintain the dedicated open space to city
standards through a maintenance agreement.
(c) Minimum lot sizes may be waived by the Planning and
Zoning Board, provided that the overall average density of
the proposed development does not exceed two (2)
dwelling units per net acre and the density of the cluster
development does not exceed five (5) dwelling units per
net acre.
(d) Building envelopes shall be identified on the cluster
development, and the minimum area of lot, minimum
width front yard, minimum rear yard, minimum side yard
and maximum building height shall conform to the
requirements established in the R-L, Low Density
Residential District.
Article 4. Page 7
supp. 9
11
Division 4.1. Urban Estate District Division 4.1(D)
(b) Lot sizes shall be one-half ('/z) acre or larger for dwellings
that are not clustered in accordance with the standards set
forth in this Division.
(2) Dimensional Standards.
(a) Minimum lot width shall be one hundred (100) feet,
except that the minimum lot width for a single-family
dwelling on a lot located in a subdivision that was
developed pursuant to the R-L district standards prior to
March 28, 1997, shall be sixty (60) feet.
(b) Minimum depth of the front yard shall be thirty (30) feet,
except that the minimum depth of the front yard for a
single-family dwelling on a lot located in a subdivision
that was developed pursuant to the R-L district standards
prior to March 28, 1997, shall be twenty (20) feet.
(c) Minimum depth of the rear yard shall be twenty-five (25)
feet, except that the minimum depth of the rear yard for a
single-family dwelling on a lot located in a subdivision
that was developed pursuant to the R-L district standards
prior to March 28, 1997, shall be fifteen (15) feet.
(d) Minimum side yard width shall be twenty (20) feet,
except that the minimum depth of the side yard for a
single-family dwelling on a lot located in a subdivision
that was developed pursuant to the R-L district standards
prior to March 28, 1997, shall be fifteen (15) feet on the
street side of any corner lot and five (5) feet for all interior
side yards.
(e) Maximum building height shall be three (3) stories.
(E) Development Standards.
(1) Street Connectivity and Design. The following standards shall
apply to all development in the Urban Estate District:
(a) To the maximum extent feasible, streets shall be designed
to minimize the amount of site disturbance caused by
roadway and associated grading required for their
construction.
Supp. 9
Article 4, Page 6
Division 4.1. Urban Fstate District
Division 4.1(B)
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Places of worship or assembly.
3. Golf courses.
(c) Commercial/Retail Uses:
1. Child care centers.
2. Bed and breakfast establishments with no more
than six (6) beds.
3. Plant nurseries and greenhouses.
4. Animal boarding (limited to farm/large animals).
(d) Industrial Uses:
1. Resource extraction, processes and sales.
2. Composting facilities.
(e) Accessory/Miscellaneous Uses:
1. Accessory buildings containing more than two
thousand five hundred (2,500) square feet or floor
area.
2. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited.
(D) Land Use Standards.
(1) Density/Intensity. All development shall meet the following
requirements:
(a) Overall average density shall not exceed two (2) dwelling
units per net acre.
Article 4, Page S
supp. 9
Division 4. 1. Urban Estate District
Division 4.1(B)
A InstitutionaUCivic/Public Uses:
1. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the U-E District, subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Group homes for up to eight (8) developmentally j
disabled or elderly persons.
(b) Institutional/Civic/Public Uses:
1. Public facilities.
2. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
3. Cemeteries.
(c) Accessory/Miscellaneous Uses:
1. Farm animals.
(3). The following uses are permitted in the U-E District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Residential cluster developments.
Article 4. Page 4
SUPP.
Division t 1. Urban Estate DistriCt Division t I
DmslOrt 4.1 URBAN ESTATE DISTRICT (U-E)
(A) Purpose. The Urban Estate District is intended to be a setting for a
predominance of low -density and large -lot housing. The main purposes
of this 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.
(B) Permitted Uses.
(1) The following uses are permitted in the U-E District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site -specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings containing two thousand five
hundred (2,500) square feet or less of floor area.
2. Accessory uses.
(b) Any use authorized pursuant* to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi -family dwelling containing more than four [41
dwelling units), provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided, however, that such existing use shall constitute
a permitted use only on such parcel of property.
Article a. Page 3
Supp. 2
Related Plans & Policy Background.
Previously adopted documents include:
Issues and Policy Plans:
• Air Quality Policy Plan: summarizes pertinent facts about air quality,
establishes a community vision and measurable objectives, and sets forth
specific policies to direct City programs and actions (1993).
• Fort Collins Bicycle Program Plan: guides development of a City bikeway
program and facilities (1995).
• Fort Collins Congestion Management Plan: land use, transportation and
air quality recommendations. Identification of activity centers (1995).
• Master Streets Plan: designates the alignment and fimctional
classification of major streets planned for construction within and in dose
proximity to the Urban Growth Area (1996).
• Pedestrian Plan: policies, design standards and guidelines for pedestrian
facilities (1996).
• Transit Development Plan 1996-2002: documents a seven-year Transit
Development Plan (TDP) for public and specialized transit services in Fort
Collins, Loveland and rural Larimer County (1996).
• Transportation Demand Management Plan: analysis of Vehicle Miles
Traveled (VNL M reduction (1995).
Subarea Plans.
• Harmony Corridor Plan: provides a land use and urban design
framework.for future development of the area (1995).
• North College Avenue Corridor Plan: policy guidance for revitalization,
including basic public improvements, image and appearance, land use,
and zoning (1995).
Regional Plans:
• North Front Range Regional Transportation Plan: travel demand
analysis, goals and objectives, including bicycle, transit, roadway, aviation
and rail systems (1994).
City Plan Principles and Policies Transportation Corridors
February 18, 1997 211
Policy TC-5.5 Efficient Transportation Flow. Enhanced Travel Corridors will have
the highest level of transit service. Improvements such as signal preemption, HOV
(High Occupancy Vehicle) lanes, and curb extensions at transit stops may be used to
enhance bus flow and pedestrian access to transit. Special consideration will be made
in the Master Street Plan for transportation flows into and out of Enhanced Travel
Corridors.
Policy TC-5.6 Economic Opportunity and Development. Enhanced Travel
Corridors will support expanded economic opportunity and development generally,
and particularly on infill sites and targeted redevelopment areas within the city.
Policy TC-5.7 Corridor Development. The implementation of new Enhanced Travel
Corridors may be phased to coincide with new development.
City Plan Principles and Policies Transportation Corridors
February 18, 1997 210
Policy TC-4.4 Density of Development. A compact land use pattern will guide
development of Transportation Corridors by providing densities necessary to support
alternative modes of travel, such as transit, walking and bicycling - as well as efficient
automobile use.
Policy TC-4.5 Infill and Redevelopment. The City will encourage infill and
redevelopment in corridors that complement and support the efficiency of the
Transportation Corridor.
Policy TC-4.6 Facility Design. Facility design will support all modes of
transportation and be matched to appropriately support the surrounding development.
Principle TC-5: Enhanced Travel Corridors will be established
strategically within the City as specialized Transportation Corridors
and contain amenities and designs which specifically and solely
promote walking, the use of mass transit, and bicycling. Enhanced
Travel Corridors will provide high-frequency/high efficiency travel
opportunities linking major activity centers and districts in the city.
0-
Policy TC-5.1 Locating Enhanced Travel Corridors. Enhanced Travel Corridors
include Harmony Road (east of College Avenue), Mason Street and the Burlington
Northern Railroad right-of-way (Downtown to Harmony Road), and the College/Conifer
Corridor (north and east of Downtown). Criteria for locating future Enhanced Travel
Corridors will be based on the following :
• the feasibility of mass transit or rail service
• the level of activity in connecting districts
• the availability of right-of-way
• the need to counteract decreasing automobile levels of service
Policy TC-5.2 Integrated Transportation Systems. A network of Enhanced Travel
Corridors will connect to other Transportation Corridors and to regional facilities in
cooperation with neighboring and regional transportation systems.
Policy TC-5.3 Facility Design. Facility design will support pedestrians, transit, and
bicycles,and will be matched to appropriately support the surrounding development to
create a substantially focused pedestrian scale urban design.
Policy TC-5.4 PedestriaWrransit Interface. Enhanced Travel Corridors shall have
the highest level of service with respect to the interface of pedestrians and transit. A
fundamental consideration in the design of an Enhanced Travel Corridor will be to
make the environment of the corridor - and access to transit - safe, secure, and
convenient for pedestrians.
City Plan Principles and Policies Transportation Corridors
February 18, 1997 209
PRINCIPLE TC-2: The structure and function of each corridor will
assure the highest composite Level of Service (LOS) among the modes
of transportation in the corridor.
Policy TC-2.1 Efficient Transportation Flow. The Master Street Plan will support
transportation corridors by providing efficient flows of transportation and satisfactory
multi -modal service that feeds into the corridor at appropriate access points, such as
park?and-ride, bike -and -ride, and walk -and -ride facilities.
Policy TC-2.2 Automobile Congestion. When automobile congestion decreases the
composite LOS of a Transportation Corridor, it will be a trigger so that the City will
strengthen and direct efforts towards ensuring an increase in LOS that gives priority to
alternative modes within the Corridor, possibly including the use of dedicated right-of-
way for future transit use.
PRINCIPLE TC-3: The essential element in a Transportation Corridor
is the pedestdan/transit interface. Convenience, access, safety, and
aesthetics should be of priority when designing for pedestrian access.
Policy TC-3.1 Pedestrian Plan. The safety and security of the pedestrian will be a
fundamental consideration in the design of a Transportation Corridor. The five
principles of the City's adopted Pedestrian Plan - directness, continuity, street
crossings, visual interest and amenity, and security - as well as the standards, policies
and regulations of the Plan, will be implemented in Transportation Corridors.
Principle TC-4: Transportation Corridors will be developed, and
existing ones improved, as densities and demand for services
increase.
Policy TC-4.1 Integrated Planning. The important relationship between land use
and transportation will be reflected in policy decisions, management strategies, and
investments that are coordinated, complementary and support the City Structure Plan.
The City may provide transit service in advance of demonstrated demand to support
development of key districts on high -frequency lines. Such service shall be coordinated
through future subarea plans.
Policy TC-4.2 Transportation Corridor Development. The implementation of new
Transportation Corridors will be phased to coincide with new development.
Policy TC-4.3 Transportation Corridor Improvement. Strategic improvements to
existing facilities, such as the addition of bike lanes, increased transit service and
pedestrian access, will be implemented to respond to existing deficiencies and to
maintain adopted level of service standards.
City Plan P>rnciples and Policies Transportation Corridors
February 18. 1997 208
T44"�4UVV*w Nv"';�44e
Transportation Corridors are developed primarily to increase mobiliM provide
transportation options, enhance efficiency, improve the aesthetics of the
pedestrian/transit interface, and accommodate the flow of goods and people.
PRINCIPLE TC-1: Transportation Corridors will be developed to
provide efficient mobility and cost-effective transport of people and
goods between the various districts of the City.
Policy TC-1.1 Locating Transportation Corridors. Transportation Corridors will
include Harmony Road, Horsetooth Road, Drake Road, Prospect Street, Elizabeth
Street, Mulberry Street, Taft Hill Road, Shields Street, College Avenue, Mason Street,
Lemay Avenue and Timberline Road. Criteria for locating future Transportation
Corridors, such as connections from the Community Commercial District at Summit
View/Mountain Vista Drives, will be based on mass transit routes, multi -modal routes,
and the size and location of Neighborhood Commercial Centers; Employment,
Industrial, Community Commercial and Campus Districts; and future Residential
Districts, in order that Transportation Corridors provide the most efficient linkages and
use the most cost-effective resources.
Policy TC-1.2 Balanced Network of Transportation Corridors. The development of
a balanced Transportation Corridor network, comprised of a multi -modal
transportation system, with access and connectivity to and through corridors, and
efficiency and mobility - will be key in determining future street requirements.
Policy TC-1.3 Integrated Transportation Systems. A network of Transportation
Corridors will connect to regional facilities in cooperation with neighboring and
regional transportation systems, as indicated in the North Front Range Transportation
Plan (1994).
Policy TC-1.4 Use of Existing Railroad Right -of -Ways. The City will support efforts
to use existing rail right-of-way for passenger rail service, as well as for other means of
transportation such as bicycling, walking, and transit.
City Plan Principles and Policies Transportation Corridors
February 18, 1997 207
Previously adopted documents include:
Issues and Policy PImm
• Air Quality Policy Plan: summarizes pertinent facts° about air quality,
establishes a community -vision and measurable objectives, and sets forth
specific policies to directCityprograms and.actions (1993).
• City of Fort Collins Telecommunications Policy: policies relating to
public access, privacy, services, Chy's regulatory role and compensation for
use of rights -of -way by providers (1996).
• Fort Collins Bicycle Program Plan: guides development of a City bikeway
program and facilities (1995).
• Fort Collins Congestion Management Plan: land use, transportation and
air quality recommendations. Identification of activity centers (1995).
• Pedestrian Plan: policies, design standards and guidelines for pedestrian
facilities (1996).
Subarea Plans:
• Harmony Corridor Plan: provides a land use and urban design
for future development of.the area (1995).
City Plan Principles and Policies Employment Districts
February 18, 1997 202
convenience shopping centers, should locate on connecting streets or at a boundary of
the District.
Policy ED-1.7 RedevelopmenVInfi1L There will be future infill and redevelopment
of existing employment centers. As non -compatible businesses vacate, new
development planned for Employment Districts should be designed to complement the
character of the surrounding area.
Policy ED-1.8 Site Design. The design character of employment facilities should be
reflective of a business park or campus setting, compatible with adjoining uses, with full
landscaping of parking, perimeter and building edges to buffer the impacts of large
facilities. Recreation, parks and open space areas should be incorporated into the
design, as well as pedestrian linkages to City trails.
PRINCIPLE ED-2: Employment Districts will be accessible to the
community's multi -modal transportation system.
R
Policy ED-2.1 Access. Street access to and within Employment Districts should be .
designed to serve multi -modes of transportation, and provide multiple entry and exit
points to disperse traffic.
Policy ED-2.2 Parking. Parking and other vehicle use areas will be located in the
interior of blocks, or in other secondary areas, so that they do not interfere with
pedestrian connections. Trees and other landscaping will be provided within parking
lots, along with pedestrian paths connecting buildings. Parking areas will be screened
from adjacent streets with berming and landscape planting.
Policy ED-2.3 Walkways and Bikeways. Sidewalks and pedestrian paths will be
provided within Employment Districts. Streets will be connected to the bikeway
system.
Policy ED-2.4 Links to Transit. Employment Districts will be connected to the city-
wide transit system. Transit stops and ride -sharing facilities will be designed for each
area and linked to high -frequency service. Shopping areas will be conveniently located
and designed so as to encourage walking by employees.
City Plan Principles used Polities Employment Districts
-February 18, 1997 201
Policy ED-1.2. Primary Uses. Primary uses in an Employment District will include:
• Research facilities, testing laboratories, offices and other facilities for
research and development
• light industrial uses
• Hospitals, clinics, nursing and personal care facilities
• Regional, national or international headquarters of a services -producing
organization
• Vocational, business or private schools and universities
Professional offices
• Finance, insurance and real estate services
• Other uses of similar character
Policy ED-1.3. Secondary and Supporting Uses. Secondary and supporting uses will
also be permitted in an Employment District, but should be secondary in magnitude to
the primary use. Permitted secondary uses shall be limited to:
• Hotels/motels
• Sit-down restaurants
• Convenience Shopping Centers
• Child care centers
• Athletic clubs
• Single-family and multi -family housing
• Other accessory buildings and uses
Policy ED-1.4 Transitional Land Uses. A transition of lower -intensity land uses
should be provided at the edges of Employment Districts, in areas adjacent to
residential neighborhoods. Land use boundaries should be placed at mid -block
locations, rather than along streets, so that buildings facing each other are compatible
and transitions between uses are gradual.
Policy ED-1.5 Walkable Destinations. Secondary and supporting uses in an
Employment District will be accessible to and located within easy walking distance of
major employment concentrations.
Policy ED-1.6 District Design. Developments will form a coherent, attractive
business park setting in each District. The organizing element of a District will either
be a clear, unifying network of streets and sidewalks, or a system of campus -like
outdoor spaces with connecting walkway spines. The pattern will focus on common
destinations, particularly transit stops, day care facilities, and convenience shopping
centers.
A District will not evolve in isolation from the surrounding community. The seam
between a District and the larger community may be a boundary of natural features or
landscaped grounds, but with connections to adjacent neighborhoods. If possible, uses
which can be shared with adjoining areas, such as day care, outdoor spaces, and
City Plan Principles and Policies Employment Districts
February 18, 1997 200
E*Pf&10%� Dvo:ea�
Employment Districts are locations for basic employment uses including light
manufacturing, offices, corporate headquarters, and other uses of similar character.
These Districts will also include a variety of complementary uses such as residential,
business services, convenience retail, child care and restaurants. They will be designed
to encourage non -auto travel, car- and van -pooling, transit use and have an attractive
appearance — allowing them to locate adjacent to residential neighborhoods.
PRINCIPLE ED-1: Employment Districts will be major employment
centers in the community. These districts will also include a variety
of complementary uses to meet the needs of employees, such as
business services, convenience retail, lodging, child care, recreation,
housing and restaurants. By design, they will encourage non -auto
travel, car and van pooling, telecommuting and transit use. Their
attractive appearance should allow them to locate adjacent to
residential neighborhoods and along primary entryways into the
community.
Policy ED-1.1. Range of Employers. Employment Districts will vary in size and
structure to meet the requirements of a range of employers, from small businesses to
those that need relatively large parcels of land to accommodate their facilities.
varying size of Employers.
City Plan Principles and Policies Employment Districts
February 18, 1997 199
In situations where providing berms and a meandering sidewalk interferes
with establishing positive drainage away from structures, drainage
requirements must be met outside of the setback zone. Providing positive
drainage away from the base of structures is not a valid reason for failing
to create naturalistic berms, groves of trees and a meandering sidewalk
_ within the setback zone. If more than 80 feet is required to create the
desired landscape effect and achieve positive drainage, then additional
setback will be required.
-----------------
I j
i I
I
I
� I
meandering recreation
4L trail is integrated udeb
- - - berming and separated
- _ from travel lanes 30 feel
robe.- possible.
r—
u
Parking lots can be
screened with a combina.
tion of berms and plant
materiaL
Retaining walls can be
used to create the desir,
streetscape effect in
restricted locailons
80 foot minimum setback
is measured from the
future edge of patxment
Berming against buildings
is encouraged Buildings
sbould be urll integrated
ultb the site and
land. -ape
HARMONY ROAD SETBACK
The purpose of the setback zone along Harmony Road is to provide
enough area between Harmony Road and adjacent development to create
naturalistic berms, groves of trees and a meandering sidewalk. All three
elements work together to create an attractive landscape that appears
spacious and provides design continuity along the Harmony Road
frontage.
Developments located along the Harmony Road frontage, east of
Boardwalk Drive, shall provide a minimum 80 foot setback from the
future edge of pavement, as determined by the City. (+)
This area shall be referred to as the "setback zone'. The design standards
and guidelines refer to the setback zone unless otherwise noted. Setbacks
for I-25 and future frontage roads will be established in the design
standards and guidelines developed for the gateway area as part of the
Phase U Gateway Planning Effort described in the Harmony Corridor Plan.
See page 32 for setback requirements on local and collector streets and
page 30 for properties west of Boardwalk Drive.
Providing positive drainage away from a building shall not be
considered a hardship in the 80 foot setback zone. (+)
RO FOOT SETBKK ZONE TYPICAL
r Rc lion TmI
Tymta
Future Edte of Pawment
� I
I I
I I
i I
I
41
I
am
All retail and commerical land uses, except those permitted as
secondary uses in the Basic Industrial and Non -Retail Employment
Activity Center, shall be located in shopper gym• All shopping
centers, except neighborhood convenience shopping centers, shall be
limited to locations shown on the Land Use Map. Neighborhood
convenience shopping centers shall also be permitted in the Basic
Industrial and Non -Retail Employment Activity Center. The general
definition, scale, use and character of neighborhood service centers
shall be as described in Appendix B. (+)
Coordinated planning of a "shopping center" rather than isolated retail uses
is the most effective means of avoiding "strip" commercial development.
54
Locate industries and businesses in the Basic Industrial and Non -Retail
Employment Activity Centers in areas of the Harmony Corridor
designated for such uses on the Land Use Map. Permitted principal
uses in the Basic Industrial and Non -Retail Employment Activity Center
shall be limited to:
• Research facilities, testing laboratories, offices and other
facilities for research and development
• Industrial uses
• Hospitals, clinics, nursing and personal care facilities
• Regional, national, or international headquarters of a services -
producing organization
• Vocational, business or private schools and universities
• Professional offices
• Finance, insurance and real estate services
• Other uses of similar character as determined by the Planning
and Zoning Board. (+)
Secondary and supporting uses will also be permitted in the Basic
Industrial and Non -Retail Employment Activity Center, but shall
occupy no more than 25 percent (25%) of the total gross area of she
Office (or Business) Park, Overall Development Plan or Planned Unit
Development, as applicable. If single family housing is provided, at
least a generally equivalent number of multi -family dwelling units must
also be provided. "Multi -family" shall mean attached single family, 2-
family or multi -family dwellings. All housing must be integrated with
and function with an office (or business) park. Non-residential,
secondary uses shall be integrated both in function and appearance with
an office (or business) park, unless a special exception is granted by the
Planning and Zoning Board. In order for such an exemption to be
granted, the applicant must demonstrate to the satisfaction of the Board
that the granting of the exemption would neither be detrimental to the
public good nor impact the intent and purposes of the foregoing
requirement and that by reason of exceptional narrowness, small parcel
size, or other special condition peculiar to a site, undue hardship would
be caused by the strict application of this requirement.
52
LAND USE AND LOCATIONAL
STANDARDS AND GUIDELINES
The Harmony Corridor offers an opportunity for creating a major business
and industrial center in northern Colorado due to its desirable location,
accessibility, availabile infrastructure and land ownership pattern.
Attracting desirable industries and businesses into the community, and in
particular the Harmony Corridor, achieves an important public purpose
because it promotes primary and secondary jobs and generally enhances
the local economy.
The focus of future development activity is planned to take place in two
types of major "activity centers" — the Basic Industrial and Non -Retail
Employment Activity Center and the Mixed -Use Activity Center. Basic
Industrial and Non -Retail Employment Activity Centers are locations where
either industrial uses, and/or office or institutional type land uses are
permitted to locate in planned office (or business) park settings. Base
industries are firms that produce goods and services which are produced
for export outside of the city, and thereby import income into the city.
Mixed -Use Activity Centers permit a broader range of uses including
shopping centers. The distribution of these activity centers in the corridor
is shown on the Land Use Map.
The essence of both types of activity centers is a combination of different
types of land uses along with urban design elements that reduce the
dependence on the private automobile, encourage the utilization of
alternative transportation modes, and ensure an attractive appearance.
51
Special Urban Design
Existing Regional
Shopping Center
Harmony Activity Centers
Basic Industrial and Non -Retail Activity Center
Mixed Use Activity Center
Potential Neighborhood
Service Center
Special Urban Design Opportunity -
With emphasis on
Historical Heritage of Harmony Road
Potential Shopping Center Locations Outside of Activity Center
Neighborhood Service Center
Neighborhood Convenience Center
NORTH
co
1500' 0' 3000' 6000'
HARMONY CORRIDOR PLAN
7" e"Al
f
N1;1I' 8
APPLICANT'S
ATTACHMENTS
MAY 30, 2001
May 20, 2001
All Members,
Fort Collins City Council,
300 Laporte,
Fort Collins, CO 80521
Dear Council Mesbexs:
s
we understand a request to rezone the Northwest corner of Harmony
and Timberline Roads has been placed on your agenda by Mr. J.C. Padilla_
we urge Council to maintain the present Urban Estate designation
so that interested citizens may have an opportunity to preserve the
old Harm my Store and the fascinating history it represents.
we also have a concern for the present owner of the Harmony Store
site, wtsomever it might be. The matter should be resolved so that no
infringement of pzoperty rights occurs.
Thank you for your consideration.
Rtnal R. Ashley
Kenneth R. Ashley
5227 South County Road 7
Fort cotlins, CO 80528
PH. 223-3255
Very truly yours,
ka
RECEIVED
Date: March 15, 2001
To: Members of the City of Fort Collins Planning and Zoning Board
From: Leonard K. Ewy
4413 Timberline Road
Fort Collins, CO 80525
Re: 2021 Timberline Lane Rezone -file # 3-01
Board Members:
CURRENT pLANNING
I regret that due to unforeseen circumstances I may not be able to attend the Planning &
Zoning Board meeting tonight, but I wish to avail myself of electronic mail to comment
on an issue before your board.
I live at 4413 Timberline Road and have owned and lived on the property for 22 years.
My home is in the same neighborhood as the 2021 Timberline Lane property that is
before you for consideration for rezoning from Urban Estate (UE) to Harmony Corridor
(HC)•
I am very concerned about the potential consequences of piecemeal rezoning of
individual properties within an established residential area. Once this precedent is
established, I believe it will be much easier for other properties interspersed
throughout the neighborhood to be bought and rezoned for commercial uses
without considering the impact on the people who live there.
At the neighborhood meeting on this issue, Mr. Padilla, the man we were told owns the
property in question and who is seeking its rezoning, stated that he was proposing to
build a small "financial institution" on the property if the zoning change is approved by
your board. However, as I understand it he would be under no obligation to do so and he
can certainly sell the property to another developer who could take advantage of the
rezoning by buying adjacent properties and building something of even greater impact to
our neighborhood.
Because this zoning change has potential unpredictable negative consequences to our
neighborhood and because, as I understand it, it is inconsistent with the city zoning plan
to allow piecemeal rezoning in a residential neighborhood, I oppose the rezoning of 2021
Timberline Lane from UE to HC.
Thank you for your consideration of my concerns.
Leonard Ewy
Planning and Zoning Board Minutes
March 15, 2001
Page 12
Director Gloss replied that it would be something for the Board to consider. If there
were a denial, it would be a stronger case, if the plan were changed to reflect the UE
zoning that has been assigned to the property. The Board could direct staff to look at
that issue.
Deputy City Attorney Beckman added that it was not only the Structure Plan Map that is
troublesome in this case, but also some of the maps that are in the Harmony Corridor
Plan. He felt that both maps should be looked at.
The motion for denial was approved 4-1 with Member Meyer voting in the
negative.
Planning and Zoning Board Minutes
March 15, 2001
Page 11
PLY
FYI
Planner Grubb stated that the Advance Planning staff did not support this application.
The intent was to have this neighborhood stay Urban Estate. Staff did not agree on this
recommendation, however, what came out of the Growth Management Lead Team
meeting was that this was the best recommendation given the circumstances.
Member Carpenter stated that she served on the Harmony Corridor Advisory
Committee and also on the City Plan Advisory Committee and she did not recall this
particular neighborhood. She stated that they were not looking to destroy existing
neighborhoods, but to strengthen them. She was bothered by this particular piece on a
residential street, especially when we go to the Structure Plan to justify it. She was not
sure whether it was a mistake, but that street is clearly Urban Estate and has been for
some time. She did not feel that this was something that was intended in the Harmony
Corridor Plan or City Plan.
Doug Moore, Natural Resources Department, reported that staff did go out and evaluate
this area, and the cottonwoods have depredated to the point where this area could not
be considered an isolated path for riparian forest. There are a lot of other trees that
have been planted in places in the neighborhood, and we would expect that the City
Forester would go out and evaluate the trees.
Member Colton agreed with Member Craig and the Advance Planning Staff that the
intent was Urban Estate. In his opinion, if we want to change this area, instead of doing
an incremental approach, it would be better to do it like Pioneer Mobile Home Park and
buy the whole thing and then come in and change it on the Structure Plan to Harmony
Corridor.
Member Colton recommended to City Council denial of the rezoning request for
2021 Timberline Lane. Member Colton cited that the rezoning is not warranted by
changed conditions within the neighborhood surrounding and including the
subject property. Also that it is not compatible with existing and proposed uses
surrounding the subject land, and is the appropriate zone district for the land.
Member Craig seconded the motion.
Chairperson Gavaldon commented that he agreed that the conditions in the
neighborhood have not changed to justify the request.
Member Colton commented that he would like to discuss going back and re -address the
detail on the Structure Plan on this if it does not match and make a change to the map.
FT
Planning and Zoning Board Minutes
March 15, 2001
Page 10
Planner Grubb replied that if the Board was concerned about the number of rezoning
requests we may receive in this area, we may want to go back and look at the Structure
Plan Map and the Harmony Corridor Plan, and modify those documents to more
accurately express what it is we want to occur there.
Vaughn Furness, Jim'Sell Design, representing the applicant, JD Padilla, gave the
applicant's presentation. He stated that according to the Structure Plan Map this area is
designated as E, Employment or HC, Harmony Corridor. He stated that his client is
looking for an area for a financial institution to run his mortgage business out of. That is
what this particular lot would be. He spoke about the current negotiations for the
widening of Timberline and Harmony Roads and that it would significantly impact the
parcel on the comer. The applicant has mentioned that through the PDP process, he
would be willing to work to create a structure that would be more compatible with the
neighborhood. He stated that the neighborhood should not be surprised because this
area has always been identified as E, Employment or HC, Harmony Corridor.
PUBLIC INPUT
None.
Member Craig asked if there was a staff person available that was involved when this
neighborhood was annexed and given UE, Urban Estate zoning.
Planner Grubb responded there was not. Staff did report that the intent was when the
property was annexed, that the property would remain Urban Estate. The property was
annexed in 1981, and the neighborhood wanted to stay Urban Estate and as rural. In
1995, the Harmony Corridor Plan started to show some encroachment of employment
uses along Harmony Road. In 1997, the City Structure Plan Map showed further
encroachment of those employment uses, while still maintaining a core of residential
uses in that area.
Member Craig stated that there were meetings with this neighborhood during City Plan
and they were assured at that time that it would be zoned Urban Estate. That was past
Harmony Corridor, 1996 and 1997, and that was the kind of information that she felt she
needed. She did not want the people, that have been in a neighborhood situation, and
has heard from the city that they were assured to keep their zoning, to have their zoning
changed to HC. She stated that all thru the Harmony Corridor Plan it talks about not
destroying existing neighborhoods. She did not want to get caught up on a purple spot,
when there are other spots on the Structure Map that are the wrong color and would
have to be dealt with on a case by case basis.
Planning and Zoning Board Minutes
March 15, 2001
Page 9
Project:
Project Description:
Recommendation:
AFT
2021 Timberline Lane Rezoning, #3-01
Request to rezone approximately .75 acre
located at 2021 Timberline lane from UE,
Urban Estate, to HC, Harmony Corridor. The
parcel is generally located west of and
adjacent to Timberline Road, south of and
adjacent to Timberline Lane and approximately
150 feet north of Harmony Road.
Approval
Hearing Testimony, Written Comments and Other Evidence
Member Bernth claimed a conflict of interest on this item and excused himself.
Brian Grubb, City Planner gave the staff presentation. He stated that a letter that was _
received today from a surrounding property owner, and was being distributed for the
record. He stated that the site currently has a garage and a mobile home existing, and
gains access from Timberline Lane to the. north. He reported that there are a variety of
surrounding land uses, to the north and the west, there is low -density residential
development. To the east is a Diamond Shamrock and the old Harmony School; to the
south, the old Harmony Store and some small residences and businesses located along
Harmony Road. Planner Grubb reviewed the site shots for the Board. He stated that
there was a neighborhood meeting held and there were approximately 10 neighbors
that showed up. He stated there were a variety of comments and concerns and those
were included in the Board's packet.
Planner Grubb reviewed the criteria for approval and stated that the proposal was in
conformance with the City Plan Structure Map and was generally in conformance with
the goals and policies of City Plan. The proposal is in general conformance with the
Harmony Corridor Plan Land Use Map and generally in conformance with the goals and
policies of the document. The request to rezone generally satisfies the applicable
review criteria of Section 2.9.4(H) of the Land Use Code.
Member Craig asked if the applicant is granted the HC Zone District, how would we stop
other property owners in the area from requesting the same zoning and prohibit large
scale development in this neighborhood.
A: Mr. Padilla stated that it is his intent to put a small office building on the
site for his financial services company.
5: Mr. Grubb explained that we should be careful to form an opinion about
the rezoning based upon what the current property owner wants to do at
this point in time. The property owner's plans may change and anything that
is allowed in the zone district may be put on the property in the future.
C: Will the road -widening take out the tree?
5: Staff will have to research that issue and get back.
C: How are they going to provide parking for a business use?
5: Parking will need to be provided on -site.
C: I am really uncomfortable not knowing what is going to happen with the
property.
C: What is the possibility of another access to the neighborhood?
5: Staff will have to research that issue and get back._
C: I don't want to see a secondary access because then people will cut
through the neighborhood to get past the intersection.
Meeting was adjourned at approximately 8:15
Neighborhood Meeting Minutes
Project:
Meeting Location:
Date:
Staff in Attendance:
Applicant/Representatives :
2021 Timberline Lane
Kruse Elementary School
February 21, 2001
Brian Grubb
Vaughn Furness, VF Ripley
The meeting began at 7:05 p.m. Brian Grubb followed the standard agenda
format including introductions, description of the purpose of the meeting,
description of the planning process and then turned over the meeting to
Vaughn Furness (representative of applicant) to describe the request. After
Mr. Furness completed his presentation the meeting was opened for
comments and questions by the public.
Comments, Questions, Answers
C= Citizen Question/Comment
S= Staff Response
A= Applicant Response
C: I supported City Plan because of the control given to preserve the
neighborhood. Now I am concerned about "piecemeal ing" away the
neighborhood.
C: This rezoning and what is happening in the neighborhood may increase my
property value but it doesn't do me any good. I have nowhere else to go.
C: Access and traffic are major concerns. It's difficult to get in and out of
Timberline Lane as it is today. Eventually it will be a right -in right -out
situation only.
C:' I am uncomfortable because I don't have a real understanding of what
the future holds.
C: What are the plans for the property?
No Text
Poh tegional Potential Neight f Service Center
r'
Shopp...y Center or or Community Sh., ,ng Center
Community Shopping Center
lit Potential Neighborhood
Service Center
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Secondary �
Uses Without��
Business Park
VExisting
Regional
Shopping Center
Harmony Activity Centers
• •' Basic Industrial and Non -Retail Activity Center
• ' Mixed Use Activity Center
Special Urban Designiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii
Opportunity - Gateway
Development with orientation
to natural character
Potential Neighborhood
Service Center
Special Urban Design Opportunity -
With emphasis on
Historical Heritage of Harmony Road
StJ$! Er-
Sr�'E
MARMONY CORRIDOR PLAN
Potential Shopping Center Locations Outside of Activity Center
Neighborhood Service Center
Neighborhood Convenience Center
NORTH Co
1500' 0' 3000' 6000'
of Fort Collins
Commu r Planning and Environmental -vices
Current Planning
MEMORANDUM
TO: Planning and Zoning Board
FROM: Brian Grubb, City Planner
SUBJECT: 2021 Timberline Lane Rezone, File # 3-01
Definition of "Neighborhood"
DATE: March 12, 2001
SUMMARY: For the purpose of considering this zoning map amendment, the
"neighborhood" can be defined as the area north of Harmony Road, west of
Timberline Road, east of the railroad tracks, and north to a line where contiguous
parcels no longer have common and distinguishing characteristics.
BACKGROUND: At the worksession on Friday March 9th, the Board requested
clarification regarding the definition of a "Neighborhood" in the context of the
following criteria for approval for zoning map amendments:
" Any amendment to the Zoning Map involving the zoning or rezoning of six
hundred forty (640) acres of land or less shall be recommended for approval by
the Planning and Zoning Board or approved by the City Council only if the
proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood surrounding and
including the subject property.
As you recall, the Land Use Code does not define neighborhood; however, the
Code lists 4 other sources for definitions that may be used at the discretion of the
Director. Three sources are quoted below. The Planner's Advisory Service
Report 421 does not define neighborhood and therefore is not listed.
Black's Law Dictionary: The immediate vicinity; the area near or next to a
specified place. 2. People living in a particular vicinity, usu. forming a community
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
2021 Timberline Lane Rezoning, #3-01
March 15, 2001 P & Z Meeting
Page 5
D. 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.
The proposed HC zoning would not have any adverse impact on the function of the
environment. There are no significant natural areas on the site as it has been used for
residential purposes for many years. Drainage into the existing ditch, resulting from re-
development would require on -site detention for water quality purposes. Staff finds that
this criterion is, or will be satisfied.
E. Whether and the extent to which the proposed amendment would result in a
logical and orderly development pattem.
It is difficult to determine at this stage if this request will result in a logical and orderly
development pattern. Staff would prefer to see a more comprehensive approach to
redevelopment of this area; however, an incremental and contiguous approach is
acceptable.
FINDINGS OF FACT/CONCLUSION:
In evaluating the request for Amendment to the Zoning Map for 2021 Timberline Lane
from LIE to HC, Staff makes the following findings of fact:
A. The proposal is in conformance with the City Plan Structure Map and generally in
conformance with the goals and policies of City Plan.
B. The proposal is in general conformance with the Hannony Corridor Plan Land
Use Map and generally in conformance with the goals and policies of the
document.
C. The request to rezone generally satisfies the applicable review criteria of the
Section 2.9.4 (H) of the Land Use Code.
RECOMMENDATION:
Staff recommends approval of the request to amend the zoning map from UE to HC for
a .75 acre lot located at 2021 Timberline Lane; File # 3-01.
2021 Timberline Lane Rezoning, #3-01
March 15, 2001 P & Z Meeting
Page 4
Harmony Corridor Plan designates the property as a 'Basic Industrial and Non -Retail
Activity Center". Based upon review of the maps only, staff concludes that the
proposed zoning is in conformance with City Plan. Other criteria contained in the text of
City Plan include the following:
Community Goal: Fort Collins will be a city of cohesive, distinct, diverse, attractive, and
safe neighborhoods.
This section of City Plan goes on to say that "existing residential neighborhoods will be
protected against development that is incompatible with community goals and needs.
Infill and redevelopment will build on the unique and positive qualities of the
neighborhood in dynamic and creative ways which respect the character of the
neighborhood."
It is the opinion of staff that these City Plan goals can be met through sensitive design;
however, one could also reasonably conclude that the mere encroachment of
employment uses will violate the intent of this goal.
B. Any amendment to the Zoning Map shall be recommended for approval only if
the proposed amendment is warranted by changed conditions within the
neighborhood surrounding and including the subject property.
The subject site is part of an old low -density County subdivision. The area around the
site has developed and become urbanized in recent years, although the neighborhood
remains largely intact. This change in conditions warrants the consideration of a change
in zoning to HC.
The following three criteria may be used by the Planning and Zoning Board and City
Council to make a decision.
C. 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.
This is an area that is in transition. The proposed HC zoning may not be compatible
with the residential uses to the north and west; however, the site is surrounded on the
east and south by other HC properties. HC zoning is appropriate for the site based
upon adjacent zoning and development trends in the area. Compatibility issues relative
to the existing single family development can be further addressed at the PDP stage.
2021 Timberline Lane Rezoning, #3-01
March 15, 2001 P & Z Meeting
Page 3.
4. Harmony Corridor Plan Compliance
The site is located within the Harmony Corridor Planning Area. The Harmony Corridor
Plan states that "The intent of the land use plan and map is to provide for an orderly,
efficient and attractive transition of vacant rural land to urban use: and to:
(0 Preserve and protect existing residential neighborhoods from intrusive or
disruptive development.
The Harmony Corridor Plan map shows the dividing line between existing residential
uses and the "Basic Industrial and Non -retail Activity Center" as being Timberline Lane
(See Attached Map). This is in contrast to the City Structure Plan that shows the
dividing line being approximately the north property line of the lots north and adjacent to
Timberline Lane.
On its face, it would appear that the proposed rezoning meets the requirements of the
Harmony Corridor Plan; however, staff has concerns about the preservation and
protection of -the existing neighborhood. At this level of review, staff cannot determine if
redevelopment of this site will be intrusive on the existing neighborhood.
5. Neighborhood Meeting
At the neighborhood meeting (See Attached Minutes), several property owners
expressed concern about the rezoning request. Some owners were uneasy about the
future of their neighborhood. Others stated that the City is not following through on
verbal commitments that were made at the time of annexation in 1989. They supported
the annexation because they thought their neighborhood would be retained in its
present character. Some neighbors view any encroach ment/redevelopment as
unacceptable.
6. ' Standards — Section 2.9.4 (H)
The request to rezone is considered quasi-judicial since the parcel is less than 640
acres. There are two standards that must be used to evaluate a request for a quasi-
judicial rezoning. These standards and an explanation of how the request complies are
summarized below:
A. 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 mentioned, the parcel is designated as "Employment District" on the City Structure
Plan. This designation matches the proposed HC zone district. The more specific
2021 Timberline Lane Rezoning, #3-01
March 15, 2001 P & Z Meeting
Page 2
COMMENTS:
1. Background
Surrounding Zoning and Existing Land Use
Existing Land Use
Existing Zoning
North
Sin le Eamily Home
Urban Estate
East
( rba tsatate'� YZ
il TIT
Harmony
Harmony Corridor
South
Gas Statiorf ti
Harmony Corridor
West
Single Family
Urban Estate
2. Existing Conditions
A mobile home and a detached 2-car garage occupy the site. The site is generally flat.
There is no curb, gutter or sidewalk along Timberline Road or Timberline Lane. The
property does not have direct access to Timberline Road at -this time. Future access will
continue to be from Timberline Lane. Improvements to Timberline Lane and Timberline
Road will likely be necessary at the time of development. Additional right-of-way for
Timberline Road may also be necessary at the time of platting and/or development.
The site is bordered by an irrigation ditch to the south and the "Harmony Road Gas
Station". The vacant gas station is a structure with historic value that is currently being
considered for relocation.
3. Structure Plan Compliance
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 "Employment District" The proposed
rezoning to HC is in compliance with the City Structure Plan (See Attached Map). The
Structure Plan shows the dividing line between "Employment" and "Urban Estate" ad
being approximately the north property line of the lots north and adjacent to Timberline
Lane. Boundaries depicted on the Structure Plan are not "hard" lines. The map itself is
considered a "coarse" representation. There is discretion as to the exact divisions
between land uses. This discretion is typically exercised at the time of specific land use
requests such as the present application.
ITEM NO. 12
MEETING DATE 3/15/01
STAFF
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
REQUEST: 2021 Timberline Lane Rezoning, #3-01
APPLICANT: JD Padilla
3600 South College Avenue, Suite 201
Fort Collins, CO 80525
OWNER(S): Michael Rein -
706 Colony Court
Fort Collins, Colorado 80526
PROJECT DESCRIPTION: This is a recommendation to City Council on a request to
rezone a .75± acre parcel located at 2021 Timberline Lane from UE (Urban Estate) to
HC (Harmony Corridor). The parcel is generally located West of and adjacent to
Timberline Road, South of and adjacent to Timberline Lane and approximately 150 feet
north of Harmony Road.
EXECUTIVE SUMMARY:
On January 18, 2001 the applicant submitted a petition to rezone the subject area from
UE to HC. Staff has reviewed the request and determined that the proposed rezoning is
in compliance with the City Structure Plan and the criteria for approval contained in
Section 2.9.4
STAFF RECOMMENDATION: Approval
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT
TIMBERLINE LANE REZONING
Rezoning Petition Attachment
2021 Timberline Lane, Fort Collins, CO 80525
January 11, 2001
Owners having a legal/equitable interest in the property
Michael L. Rein
706 Colony Court
Fort Collins, Colorado 80526
USAG Capital and Leasing, Inc.
Contact: JD Padilla
3600 South College Ave, Suite 201
Fort Collins, Colorado 80525
Zoning Justification
The proposed request is to petition rezoning for the property located at 2021 Timberline
Lane, Fort Collins, Colorado 80525. The property is currently zoned Urban Estate (U-E).
The proposed zoning shall be Harmony Corridor (H-C), see the attached legal
description and map of area to be rezoned.
City of Fort Collins Land Use Code Requirements
Division 2.8.4.1-1 Text and Map Amendment Review Procedures (Standards):
1. Text Amendments and Legislative Rezonings. — Not applicable, property is less than
640 acres.
2. Mandatory Requirements for Quasi -Judicial Rezonings.
a) consistent with the City's Comprehensive Plan —
The proposed Zoning District of H-C is consistent with the City of Fort Collins
Structure Plan.
The project will have strict design standards and guidelines to assure a unified
development that will contribute positively to the surrounding neighborhoods,
City Plan Policy LU-2.2 Urban Design.
ewR=C. RLS%LV=12TPAZONWGQ=123ZONNGDM 3 Rezoning Petition for JD Padilla
Respec ly Su ed
State Colorado)
ss.
County of Larimer)
The forgoing instrument was acknowledged before me this
January, 2001.
J. 6. PQaC"«&
By /Mahar L - .Qei/L for the purpose set forth.
My commission expires
UC�u� a
Notary Public
Z— / — er.4
//YA day of
My commission Epkes 021011L004
2 Rezoning Petition for JD Padilla
CITY OF FORT COLLINS
REZONING PETITION
Petitioner:
JD Padilla
3600 South College Ave, Suite 201
Fort Collins, Colorado 80525
Owner:
Michael L. Rein
706 Colony Court
Fort Collins, Colorado 80526
USAG Capital & Leasing, Inc.
3600 South College Ave, Suite 201
Fort Collins, Colorado 80525
Contact: JD Padilla
To the City Council of the City of Fort Collins, Colorado:
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
hereafter described parcel, containing 0.75 acres, more or less, from Urban Estate (U-
E) zoning district to Harmony Corridor (H-C) zoning district.
Legal Description
(See attached ALTA Legal)
Reason for Request
(See attached Rezoning Petition Attachment)
Affected Property Owners
(See attached APO list, it includes all 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)
1.
•
JIM SELL DESIGN
Rezoning Petition for JD Padilla
L
UE
Harmony Rd.
d
HC
c
•wL`
W
E
VICINITY MAP
2021 Timberline Lane Rezone
04/05/01
N
1"= 300'
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 showing that the above -described
property is not included in the Residential Neighborhood Sign District.
Section 3. The City Engineer is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 5th day of June,
A.D. 2001, and to be presented for final passage on the 19th day of June, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of June, A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 92, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE TIMBERLINE LANE REZONING
FROM UE (URBAN ESTATE) TO HC (HARMONY CORRIDOR)
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 the said property should
be rezoned as hereafter provided; and
WHEREAS, the Council has further 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 by Division 1.3 of the Land Use Code be, and
the same hereby is, amended by changing the zoning classification from "UE," Urban Estate Zone
District, to "HC", Harmony Corridor Zone District, for the following described property in the City
known as the Timberline Lane Rezoning:
A TRACT OF LAND SITUATE N THE SE 1/4 OF SECTION 31, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE
OF COLORADO, WHICH, CONSIDERING THE EAST LINE OF SAID SE 1/4 AS
BEARING N 00 DEGREES IT W, AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY
LINES WHICH BEGIN AT A POINT WHICH BEARS N 00 DEGREES 12' W,
162.00 FEET FROM THE SE CORNER OF SAID SE 1/4; THENCE N 00
DEGREES 12' W, 200.00 FEET; THENCE WEST 197 FEET; THENCE SOUTH
232.00 FEET; THENCE EAST 77.47 FEET; THENCE N 70 DEGREES 37'30" E,
96.46 FEET; THENCE EAST 30.00 FEET TO THE POINT OF BEGINNING.
c
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: �7
DATE: June 5, 2001
FROM: Brian Grubb
SUBJECT:
First Reading of Ordinance No. 92, 2001, Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property Known as the Timberline Lane
Rezoning From UE (Urban Estate) to HC (Harmony Corridor).
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading. On March 15, 2001, the
Planning and Zoning Board voted 4-1 to recommend denial of the rezoning request.
EXECUTIVE SUMMARY:
The parcel consists of approximately .75± acres located south and adjacent to Timberline Lane,
and west and adjacent to Timberline Road. The site contains one mobile home with a detached
garage.
Staff has recommended approval on the basis that the request generally complies with the
comprehensive plan (City Plan); the City Structure Plan, an element of the City's
comprehensive plan; and, the Harmony Corridor Plan. Consistency with the comprehensive
plan is legally sufficient for approval of the request; however, the Planning and Zoning Board
found that the request does not satisfactorily address all of the additional considerations
contained in Section 2.9.4(H)(3) of the Land Use Code. The Board determined that the request
is not warranted by changed conditions within the neighborhood surrounding and including the
subject property, and the proposed zone change is not compatible with existing and proposed
land uses.
On May 1, this item was postponed to this date and time at the request of the petitioner, J.D.
Padilla.
AA (2 �
7-&-& tN �
N
Division 4.21. Harmony Corridor District
Division 4.21(B)
3. Standard restaurants.
4. Bed and breakfast establishments.
5. Clubs and lodges.
6. Health and membership clubs.
7. Neighborhood service centers as defined/described
in the Harmony Corridor Plan.
8. Community shopping centers as defined/described
in the Harmony Corridor Plan.
9. Regional shopping centers as defined/described in
the Harmony Corridor Plan.
10. Convention and conference center.
(d) Accessory/Miscellaneous Uses:
1. Heliports and helipads.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Harmony Corridor Land Use Standards. All development in the
H-C Harmony Corridor District shall comply with the Harmony
Corridor land use and locational standards as adopted by the city
and the following specific standards to the extent that such
standards apply to the property proposed to be developed.
(2) Secondary Uses. All secondary uses shall be integrated both in
function and appearance into a larger employment -based
development plan that emphasizes primary uses. The following
permitted uses shall be considered secondary uses in this zone
district and together shall occupy no more than twenty-five (25)
percent of the total gross area of the development plan.
Article 4, Page 142
Supp. 8
Division 4.21. Harmonv Corridor District
Division 4.21(D)
(6 Access to a park central feature or gathering place. Within any
development proposal that contains a residential component
larger than ten (10) acres in size, at least ninety (90) percent of the
dwellings shall be located within one thousand three hundred
twenty (1,320) feet (one -quarter ['/a] mile) of either a
neighborhood park, a privately owned park or a central feature or
gathering place that is located either within the project or within
adjacent development, which distance shall be measured along
street frontage without crossing an arterial street. Such parks,
central features or gathering places shall contain one (1) or more
of the following uses:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks meeting the following criteria:
1. Size. Such private parks must be a minimum of
ten thousand (10,000) square feet.
2. Location. Such parks must be highly visible,
secure settings formed by the street layout and
pattern of lots and easily observed from streets.
Rear facades and rear yards of dwellings shall not
abut more than two (2) sides or more than fifty
(50) percent of the perimeter frontage of the park.
3. Accessibility. All parts of such parks shall be
safely and easily accessible by pedestrians, and
open to the public.
4. Facilities. Such parks shall consist of multiple -
use turf areas, walking paths, plazas, pavilions,
picnic tables, benches or other features for various
age groups to utilize.
5. Ownership and Maintenance. Such parks may, in
the discretion of the city, be acquired by the city
(through dedication or purchase), or be privately
owned and maintained by the developer or
property owners' association.
Supp. 9
Article4. Page 144-1
City Plan Principles and Policies Transportation Corridors
February 18, 1997
212
Permitted secondary uses shall be limited to:
• Hotels/motels
• Sit-down restaurants
• Neighborhood Convenience Shopping Centers
• Child care centers -
• Athletic clubs
• Single family and multi -family housing
• Accessory buildings and uses as defined in Section 29456 of the
Code. (+)
Basic (and non -retail) jobs are planned to be the major economic focus of
the corridor area. The standards provide for a variety of retail and services
in close proximity to meet the needs of employees and business in the
corridor. As the corridor develops, new housing of a mix of types and
densities is anticipated to locate near jobs, shopping, parks and schools.
Locate a broader range of land uses in the areas of the Harmony.
Corridor known as Mixed -Use Activity Centers as shown on the Land
Use Map. The Mixed -Use Activity Center provides, in addition to the
uses listed in the Basic Industrial and Non -Retail Employment Activity
Center, a variety of retail and commercial uses in shopping centers. If
single family housing is provided; at--ieast--a-gent!atly -equivalent
number of multi -family dwelling units must also be provided. "Multi-
family" shall mean attached single family, 2-family or multi -family
dwellings. All housing must be integrated with and function with an
office (or business) park and/or shopping center. Neighborhood service
centers, community shopping centers and regional shopping centers
shall be limited to those locations shown on the Land Use Map. (+)
The Plan provides for a range of retail, non -retail and residential uses to
occur in the Mixed -Use Activity Centers, including shopping centers which
satisfy the consumer demands of residents and employees who live and
work in adjacent and surrounding neighborhoods, as well as from the
c3mmunity and region.
53
within a larger group and having similar economic statuses and social interests.
3. The condition of being close together.
The New Illustrated Book of Development Definitions: An area of a
community with characteristics that distinguish it from other areas and that may
include distinct ethnic or economic characteristics, housing types, schools, or
boundaries defined by physical barriers, such as major highways and railroads or
natural features, such as rivers.
Webster's Third New International Dictionary: 1. Neighborly relationship. 2.
The quality or state of being neighbors: PROXIMITY 3. A place or region near:
VICINITY. 4. a. The people living near one another. b. A section lived in by
neighbors and usually having distinguishing characteristics.