HomeMy WebLinkAboutRIGDEN FARM/SPRING CREEK FARM - REZONE - 56-98 - REPORTS - FIRST READINGRigden Farm - CSU
Ri den Fam-jSpring Creek Farms
The Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort
Collins be, and the same hereby is, changed and amended by showing that the above -described
property is included in the Residential Neighborhood Sign District.
Section 2. 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 15th day of
December, A.D. 1998, and to be presented for final passage on the 5th day of January, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of January, A.D. 1999.
Mayor
ATTEST:
City Clerk
TO A POINT ON ANON -TANGENT CURVE CONCAVE TO THE EAST HAV ING A CENTRAL
ANGLE OF 10033'02", A RADIUS OF 600.00 FEET AND THE CHORD OF WHICH BEARS
NORTH 22005'50" EAST, 110.33 FEET; THENCE ALONG THE ARC OF SAID CURVE 110.49
FEET; THENCE NORTH 27°22'21" EAST, 155.94FEETTO A POINT ON A CURVE CONCAVE
TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 13045'28", A RADIUS OF 680.00
FEET AND THE CHORD OF WHICH BEARS NORTH 55044'55" WEST,162.89 FEET; THENCE
ALONG THE ARC OF SAID CURVE 163.28 FEET; THENCE, NORTH 48'52' 11" WEST, 181.78
FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE WEST HAVING A
CENTRAL ANGLE OF 40034'24", A RADIUS OF 240.00 FEET AND THE CHORD OF WHICH
BEARS NORTH 20050'37" EAST, 166.42 FEET; THENCE ALONG THE ARC OF SAID CURVE
169.95 FEET; THENCE, NORTH 00°33'25" EAST, 125.05 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 32.173 ACRES MORE OR LESS AND
IS SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY NOW ON RECORD OF EXISTING.
The Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort
Collins be, and the same hereby is, changed and amended by showing that the above -described
property is included in the Residential Neighborhood Sign District.
To the "LMN", Low Density Mixed Use Neighborhood Zone:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29 AS
BEARING SOUTH 89026'35" EAST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE, SOUTH
89026'35" EAST, ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER, 2325.30 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE,
SOUTH 89026'35" EAST, 316.45 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST
QUARTER; THENCE ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SAID
SECTION 29, SOUTH 00-07-25" EAST,1324.97 FEET TO THE SOUTHEAST CORNER OF SAID
NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 29; THENCE ALONG THE
SOUTH LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 29,
NORTH 89025'55" WEST, 876.44 FEET; THENCE, NORTH 29°32' 11" EAST, 472.65 FEET TO
A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A CENTRAL ANGLE OF
28058'26", A RADIUS OF 500.00 FEET AND THE CHORD OF WHICH BEARS NORTH
15°02'58" EAST, 250.16 FEET; THENCE ALONG THE ARC OF SAID CURVE 252.84 FEET;
THENCE, NORTH 00°33'45" EAST, 106.16 FEET; THENCE, NORTH 89°26'15" EAST, 252.65
FEET; THENCE, NORTH 00033'25" EAST, 562.90 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINED 16.077 ACRES MORE OR LESS
AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY NOW ON RECORD OF
EXISTING.
HAVING A CENTRAL ANGLE OF 13045'28", A RADIUS OF 680.00 FEET AND THE CHORD
OF WHICH BEARS SOUTH 55044'55" EAST, 162.89 FEET; THENCE ALONG THE ARC OF
SAID CURVE 163.28 FEET; THENCE ALONG A NON -TANGENT LINE, SOUTH 27022'21"
WEST, 155.94 FEET TO A POINT ON A CURVE CONCAVE TO THE EAST HAVING A
CENTRAL ANGLE OF 10033'02", A RADIUS OF 600.00 FEET AND THE CHORD OF WHICH
BEARS SOUTH 22005'50" WEST,110.33 FEET; THENCE ALONG THE ARC OF SAID CURVE
110.49 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTH
HAVING A CENTRAL ANGLE OF 15024'39", A RADIUS OF 600.00 FEET AND THE CHORD
OF WHICH BEARS NORTH 82021'47" WEST, 160.90 FEET; THENCE ALONG THE ARC OF
SAID CURVE 161.38 FEET; THENCE, SOUTH 89°55'53" WEST, 284.70 FEET; THENCE,
SOUTH 00°00'22" WEST, 303.46 FEET; THENCE, NORTH 89050'32" WEST, 1081.20 FEET TO
A POINT ON THE WEST LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 29; THENCE ALONG SAID WEST LINE, NORTH 00°04'26" WEST, 1025.85 FEET
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 32.100 ACRES MORE ORLESS AND
IS SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY NOW ON RECORD OF
EXISTING.
The Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort
Collins 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.
To the "MMN", Medium Density Mixed Use Neighborhood Zone:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6m PRINCIPAL MERIDIAN,
CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29 AS
BEARING SOUTH 89026'35" EAST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE, SOUTH
89°26'35"EAST, ALONG SAIDNORTH LINE OF THENORTHEAST QUARTER, 1428.86FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE,
SOUTH 89°26'35" EAST, 896.43 FEET; THENCE, SOUTH 00°33'25" WEST, 562.90 FEET;
THENCE, NORTH 89°26' 15" WEST, 252.65 FEET; THENCE, SOUTH 00°33'45" WEST, 106.16
FEET TO A POINT ON A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE
OF 28°58'26", A RADIUS OF 500.00 FEET AND THE CHORD OF WHICH BEARS SOUTH
15°02'58" WEST, 250.16 FEET; THENCE ALONG THE ARC OF SAID CURVE 252.84 FEET;
THENCE, SOUTH 29.32' 11 " WEST, 472.65 FEET TO A POINT ON THE SOUTH LINE OF SAID
NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 29; THENCE ALONG SAID
SOUTH LINE, NORTH 89025'55" WEST, 1766.45 FEET TO THE SOUTHWEST CORNER OF
SAID NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 29; THENCE ALONG
THE WEST LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER, NORTH
00°04'26" WEST, 298.60; THENCE LEAVING SAID LINE, SOUTH 89°50'32" EAST, 108120
FEET; THENCE NORTH 00°00'22" EAST, 303.46 FEET; THENCE, NORTH 89°55'53" EAST,
284.70 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A CENTRAL
ANGLE OF 15024'39", A RADIUS OF 600.00 FEET AND THE CHORD OF WHICH BEARS ,
SOUTH 82021'47" EAST, 160.90 FEET; THENCE ALONG THE ARC OF SAID CURVE 161.38
ORDINANCE NO. 244, 1998
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 SPRING CREEK FARMS REZONING
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins 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.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from
"T", Transition Zone District, to the "NC", Neighborhood Commercial Zone District, the "MMN",
Medium Density Mixed Use Neighborhood Zone District and the "LMN", Low Density Mixed Use
Neighborhood Zone District, for the property in the City known as the Spring Creek Farm Rezoning,
with said property to be classified in said zone districts as more particularly described as follows,
to -wit:
To the "NC", Neighborhood Commercial Zone:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6"` PRINCIPAL MERIDIAN,
CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29 AS
BEARING SOUTH 89026'35" EAST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER, SOUTH 89°26'35" EAST, 1428.86 FEET;
THENCE, SOUTH 00°33'25" WEST, 125.05 FEET TO A POINT ON A CURVE CONCAVE TO
THE WEST HAVING A CENTRAL ANGLE OF 40034'24", A RADIUS OF 240.00 FEET AND
THE CHORD OF WHICH BEARS SOUTH 20050'37" WEST, 166.42 FEET; THENCE ALONG
THE ARC OF SAID CURVE 169.95 FEET; THENCE ALONG A NON -TANGENT LINE, SOUTH
48.52' 11" EAST, 181.78 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST
DATE: December 15, 1998 4 F EM NUMBER: 27
Neighborhood Meeting
While a neighborhood meeting is not required for a rezone request, one was held on Thursday,
November 12, 1998. The meeting was for the purpose of explaining the rezoning and development
review and to hear early comments on the draft development plan. At least one additional meeting
will be held prior to the submittal of an Overall Development Plan and Project Development Plan.
FINDINGS OF FACT/CONCLUSIONS
The Rigden Farm/Spring Creek Farm Rezone, File 456-98 is consistent with the City's
Comprehensive Plan.
2. The proposed rezoning is compatible with existing and proposed uses surrounding the
subject land.
3. The proposed zoning districts are the appropriate districts for this property.
4. The proposed rezoning does not result in significantly adverse impacts on the natural
environment.
5. The proposed rezoning will result in a logical and orderly development pattern.
PLANNING AND ZONING BOARD RECOMMENDATION:
On November 19, 1998, the Planning and Zoning Board held a public hearing and recommended
approval of the requested rezoning by a 7-0 vote.
During discussion of the approving motion, the Board addressed what it saw as a potential issue with
Structure Plan map designations and how they relate to existing historic resources. In this specific
case, there is an existing historic farm complex at the southeast corner of Drake Road and Timberline
Road in an area designated for Neighborhood Commercial development. The issue is the adequacy
of the Structure Plan map in alerting potential developers to their requirements to deal with historic
resources in the development review process. While the Land Use Code is specific to the need to
incorporate historic structures into any proposed development plan and there is a required process
through the Landmark Preservation Commission that developers are required to go through, the
Structure Plan map designates areas for potential development regardless of the existence of historic
resources. The Board is not recommending any changes at this time since the Land Use Code L,
clear about the need to incorporate existing resources into development plans.
The Planning and Zoning Board expressed concern about the developer's proposal to move the farm
complex and alerted them that their proposal would seriously impact the historic integrity of the fann
complex and its eligibility for designation. The ability to attract grant monies for restoration and
maintenance would also be affected.
STAFF RECOMMENDATION:
Staff recommends approval of the requested rezoning.
DATE:
December 15, 1998 3 -TEM NUMBER: 27
(c)
Analysis
whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern.
Is the request consistent with the City's Comprehensive Plan?
The requested rezoning to NC -Neighborhood Commercial, MMN-Medium Density Mixed
Use Neighborhood and LMN-Low Density Mixed Use Neighborhood is consistent with
CityPlan. The Structure Plan Map indicates that this property is planned for all of these
types of uses in the general pattern identified by the rezone request.
2. Additional Considerations
a. Is the rezone request compatible with existing and proposed uses surrounding the
subject land and is it the appropriate zone district for the land?
The requested zoning is compatible with all existing land uses. Residential uses exist
to the west and south of the property. Property to the east is subject to an existing
rezone request to LMN as part of the same proposed development. Property to the
north remains in agricultural production (Spring Creek Farms, Cargill agricultural
research station). While higher intensity urban development may not be considered
totally compatible with agricultural activities, they frequently coexist during the
transition period as agricultural land within the Urban Growth Area converts to
development. In addition, it was recognized at the time of annexation that this
property was planned for commercial and residential development. In fact, the
Structure Plan anticipates that the property to the north will develop with both
commercial and residential development as well.
b. Will the rezoning result in significantly adverse impacts on the natural environment?
There are no significant environmentally sensitive areas associated with the subject
property. While air quality and noise levels would be impacted with urban levels of
development, this area is within the Urban Growth Boundary and, as indicated on the
Structure Plan Map, is planned for the levels of development associated with the
rezoning requests. The City's Natural Resources Department does have an air
quality program which addresses the overall air quality of the City. Any impacts
associated with stormwater management will be addressed during the review of a
specific development proposal.
C. Will the rezoning result in a logical and orderly development pattern?
This property has existing development or development applications in the review
process to the west and south and further to the north across the railroad tracks north
of Spring Creek Farm. Development of the subject property represents a logical
progression of development in this area.
DATE: December 15, 1998 2 ; EM NUMBER: 2
I
Petition For Rezoning
The applicant, Jim Sell Design, on behalf of Spring Creek Farms, LLC, filed a rezone petition with
the City on October 9, 1998. The applicant is requesting a rezone from T-Transitional to NC -
Neighborhood Commercial, MMN-Medium Density Mixed Use Neighborhood and LMN-Low
Density Mixed Use Neighborhood.
Provisions of the T-Transition Zoning District
The purpose of the T-Transition zoning district (Section 4.9 of the Land Use Code) is application
to properties for which there are no specific and immediate plans for development. The only
permitted uses are those existing at the date the property was placed into this district.
The owner of any property in the T-Transition district may, at any time, request a rezoning.
Therefore, this property is not subj ect to the biannual rezone limitations of the Land Use Code. After
a rezoning request is made, the petition must be scheduled for a hearing by the Planning and Zoning
Board anytime after 15 days of the date of the petition. After the Board hearing, the City Council
must act to change the zoning within 60 days.
Land Use Code Criteria for Rezoning
Section 2.8.4[H][2] of the Land Use Code outlines mandatory requirements for quasi-judicial
rezonings. This section states:
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.
In addition, Section 2.8.4[H][3] outlines additional considerations for quasi-judicial rezonings:
In determining whether to recommend approval of any such proposed amendment,
the Planning and Zoning Board and City Council may consider the following
additional factors:
(a) whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but not
limited to, water, air, noise, stormwater management, wildlife, vegetation,
wetlands and the natural functioning environment;
A NDA ITEM SUMMARY ITE1. .UMBER: 27
DATE: December 15, 1998
ORT COLLINS CITY COUNCIL STAFF: Bob Blanchard
SUBJECT:
First Reading of Ordinance No. 244, 1998, Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property Known as the Spring Creek Farm
Rezoning.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This property was annexed into the City of Fort Collins as part of the Timberline Annexation on
November 4, 1997. The applicant, Jim Sell Design, on behalf of Spring Creek Farms, LLC, filed
a rezone petition with the City on October 9, 1998. The applicant is requesting a rezone from T-
Transitional to NC- Neighborhood Commercial, MMN-Medium Density Mixed Use Neighborhood
and LMN-Low Density Mixed Use Neighborhood.
APPLICANT: Jim Sell Design, Inc.
153 West Mountain Avenue
Fort Collins, CO 80525
OWNER: Spring Creek Farms, LLC
3432 Carlton Avenue
Fort Collins, CO 80525
BACKGROUND:
The surrounding zoning and land uses are as follows:
North (T): Existing arterial street (Drake Road), Existing Spring Creek Farm, Cargill
agricultural research facility
South (RL): Dakota Ridge and Stoneridge Subdivisions
(LMN): Vacant
(MMN): Pinecone Apartments
East: Unzoned CSU property (proposed rezoning to LMN-File No. 56-98A)
West (RL): Existing arterial street (Timberline Road), Union Pacific Railroad, Single Family
Residential