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Home My WebLink AboutEAST RIDGE REZONING - 33-98A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSEast Ridge Development Rezoning Application Justification of Rezoning Request East Ridge of Fort Collins, LLC is requesting rezoning of the above -mentioned property from T-Transition to LMN-Low Density Mixed Use Neighborhood. The area of the parcel to be rezoned, 159.29 acres more or less, is the same area as annexed to the City of Fort Collins. The property is located southeast of the intersection of Vine Drive and Timberline Road. This rezoning, if granted, will be compliant with the City Structure Plan and the following standards within the Land Use Code. Consistency with the City's Comprehensive Plan The rezoning is consistent with the land use proposed for this property under the East Mulberry Corridor Plan and adopted into the City Structure Plan. The underlying rationale for establishing the land use as Low Density Mixed -Use Neighborhood as determined by City Planners in coordination with other input in preparing the East Mulberry Corridor Plan is accepted herein. Compatibility with Existing and Proposed Surrounding Uses The proposed LMN rezoning will be compatible with existing and proposed surrounding uses. To the west is the residential Collins Aire Mobile Home Park community, to the northwest is the residential Waterfield community, and the proposed land use under the Structure Plan for properties to the east and south is also LMN. Potential for Impacts to the Natural Environment The property if rezoned to LMN and developed as such will pose no significant adverse impacts to the natural environment. A wetland and some healthy trees exist on the property. Development on the property will provide required setbacks or appropriate mitigation to limit the impact to these features. Logical and Orderly Development Pattern Development under the proposed LMN rezoning will be under a logical and orderly pattern. The property has been annexed into the City of Fort Collins. Existing urban development exists to the west and to the northwest. A development proposal is underway and is expected to be submitted for a project to the east. The Waterglen neighborhood exists within City limits further to the northeast. City infrastructure exists to support the development expected to occur under the proposed LMN rezoning. Significant cost has been incurred in improving Timberline Road south of the project. E NRWEC1FILESLINDU8W3 XXMJUMFICA770N OF R.YONWG DOC Justificationfir Re -oozing September 13. 2003 Page I through the East Mulberry Corridor plan, that is, as a LMN zoning district. The underlying rationale used by City planners, with input from the community, is accepted herein as the reason behind this zoning designation request. A listing is attached of names and addresses of all persons owning land (as per the Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezoning. Respectfully submitted, Leo J. Schuster, Member op..; ' w, State of Colorado ) ) ss. County of Larimer ) The forgoing instrument was acknowledged before me thisj?g AV day of By My commission expires for the purpose therein set forth. ry A COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'21"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S00017'21"W, 2647.52 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'34"W, 2285.48 FEET; THENCE N00042'47"E, 56.00 FEET; THENCE N88050'34"W, 394.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD SHOWN ON THE PLAT OF INDUSTRIAL PARK INTERNATIONAL P.U.D.; BOOK 2128, PAGE 409, AS RECORDED IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ALONG SAID RIGHT-OF-WAY, N00042'43"E, 6.15 FEET; THENCE S89023'00"E, 20.00 FEET TO THE EXISTING RIGHT-OF-WAY LINE OF TIMBERLINE ROAD; THENCE ALONG THE WEST LINE OF SAID RIGHT-OF-WAY, N00042'47"E, 2503.69 FEET; THENCE S88052'13"E, 30.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID LINE N00042'47"E, 80.00 FEET TO THE NORTH QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 3-'/4" ALUMINUM CAP STAMPED LS 20123; THENCE N00042'47"E, 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S88052'13"E, 2609.67 FEET; THENCE S00017'21"W, 30.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT RAILROAD RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, THENCE S00017'21"W, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N88052'13"W, 2580.11 FEET; THENCE S00042'47"W, 50.00 FEET; THENCE S88052'13"E, 2580.48 FEET; THENCE N00017'21 "E, 50.01 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF SAID DESCRIBED TRACT IS 159.29 ACRES MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. Reason for Request: The parcel was zoned T-Transition at its annexation, pending completion of the East Mulberry Corridor Plan. The East Mulberry Corridor Plan, now a finished work, presents a framework plan that places the property within LMN land uses. Thus, the petitioners hereby request a zoning for the property consistent with that envisioned by the City for the property CITY OF FORT COLLINS REZONING PETITION Petitioner: East Ridge of Fort Collins, LLC 4190 North Garfield Name Address Kent Bruxvoort, Jim Sell Design Consultant Owner: East Ridge of Fort Collins, LLC Name Loveland, CO 80538 City, State, Zip 153 W. Mountain Avenue Address Fort Collins. CO 80524 City, State, Zip 4190 North Garfield Address Loveland, CO 80538 City, State, Zip To the City Council of the City of Fort Collins, Colorado. I, the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel, containing 159.29 acres, more or less, from the T zoning district to the LMN zoning district: EAST RIDGE LEGAL DESCRIPTION OF PROPERTY TO BE REZONED A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. No Text No Text Eastridge Rezoning 'Y j - it it �. 1.1 Y L t IZ: kd M- Aerial Exhibit REZONE EXHIBIT A 7M0r OF !MO URNt n 7M N MF OR IION 16 MO in @MIN JW OF SO== 4 7OIIIA! 7 NOI M IIN1� M WW Of 7W $IN FMO CMff OF IMrI sommof! 1 a2�e N W42'47• E 1DL}f0. L1, 30.00' N 00'4247' E • $" 80.00' S8832'1S E or ne ual 30.00' I lPt P• n _� vwl I Arrr B I I I I I I I I i E EAST NNE DMVE Hfl�T31 2 2 r—�"""•"r"'N . rrs.+wa �w��ris SUMc AN1®Io9V. � Ug a[V/AQY{ (I1Y �ww \ L N aesa34- w N 88'50'3f• w �' "•�+narm 394.01 mflG 1/4 fal FT-W lQl1O 2.1 Iv W N riNa u n1eT N 00'1r21• w 30.00' rani rir ML[ rr+•rrrrr rrr rs r.r rr ♦r rr ar•nfrs erwr r 4�Y A�.rr. r rarer r. r.W r r rr �rrrrrr.rrrrrrr.s rr4..ti. r 4..r tira r,.r g�� wry rr�r.lr rl. wr r. rr.r r.rr �R L1 AM ® �ww wn�rawr4r�a anw_w� �wl�fir�i s �ri�..�+•�. ��s ra�fa.w�l tl•ww p1w��rl�•y=.'r_e. •tee w iwr r_ � N•fii�� LNE LENGTH BEANIN L1 I Als N00.42'13• 5897300 m 2 ...ram M 1 MNIN LMN I E G,gRGq�Fy 09 LMN IRt N HORSE PARK 0 =�OPOSEDte) ¢ w E LMN 1 s O ZURICH DR U U O r ¢ O O Z � O O Z O INTERNATIONAL BLVD I m E L NCOLN AVE ¢ r Z m D FRONTAGE RD LMN OUT ROSELAWN CEMETERY LMN 0 m r O N m m 0 E MULBERRY ST w FRONTAGE RD #33-98A East Ridge Rezoning Type II (LUC) LMN FRONTAGE RD FRONTAGE RD 10/01 /03 N 1 inch : 1000 feet Eastridge Rezoning, #33-98B December 4, 2003 P & Z Meeting Page 5 of 6 C. The rezoning request is consistent with the existing land use established within the area, particularly outside of the Urban Growth Management Area. RECOMMENDATION Staff recommends that the Planning and Zoning Board recommend that City Council approve the Eastridge Rezoning #33-98B, Amendment to the Zoning Map from T — Transition to LMN — Low Density Mixed Use Neighborhood. Eastridge Rezoning, #33-98B December 4, 2003 P & Z Meeting Page 4 of 6 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The LMN zone district will provide a setting for a predominance of low -density housing combined with complimentary and supporting land uses. This development pattern is consistent with land use designation for the East Mulberry Corridor and the Mountain Vista Sub Area Plans. These plans designate the East Vine corridor as primarily a low -density residential corridor. 3. Request for LMN — Low Density Mixed Use Neighborhood Zoning The applicant initially filed a rezoning petition with the City on September 23, 2003. The current request is to rezone 159.29 acres from T to LMN. The property is undeveloped. The purpose of the LMN Zoning is to provide a "setting for a predominance of low -density housing combined with complimentary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of the neighborhood. 4. Neighborhood Response: The Current Planning Department has not received any comments from the adjacent neighborhood. A neighborhood meeting was not held for this request, rather, a neighborhood meeting will be held when the Overall Development Plan is submitted for review. The ODP will provide a master plan of the parcel, which will show residential development areas, streets, access points, open space, and a neighborhood center. FINDINGS OF FACT/CONCLUSIONS After reviewing the East Ridge rezoning, File #33-98B, staff makes the following findings of fact and conclusions as explained above: A. The subject property for the Eastridge Rezoning is designated on the East Mulberry Corridor Subarea Plan, an element of the City's Comprehensive Plan as Low Density, Mixed Use Neighborhood. B. The proposed plan amendment will promote the public welfare and will be consistent with the visions, goals, principles and policies of City Plan and the elements thereof. Eastridge Rezoning, #33-9813 December 4, 2003 P & Z Meeting Page 3 of 6 C. Additional Consideration for Quasi -Judicial Rezonings: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may consider the following additional factors: 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: The area east of this property was recently rezoned to LMN. An overall development plan (Whitham Property) has also been proposed on the property. This ODP includes uses permitted within the LMN zone district, including single family, two family and multi- family residential, including a neighborhood center. The land to the east of the site is zoned FA1 in Larimer County. This property is currently developed as a mobile home community. The land to the south of the site is currently zoned Industrial within Larimer County and is used as a gravel mine. However, the Fort Collins Structure Plan indicates the future use of this property to be consistent with the LMN zone district. Given the existing and future uses on the surrounding properties, the LMN zone district is compatible with these uses. 2. 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, noise, air, stormwater management, wildlife, vegetation wetlands and the natural functioning of the environment. The parcel includes an approximately 19-acre prairie pothole wetland. This wetland will require a buffer of 100 feet from its perimeter, consistent with Land Use Code. The site includes a number of mature cottonwood trees. These trees will be evaluated by the City Forester to determine which trees will have a significant community value, and will be preserved or mitigated pursuant to the Land Use Code. Additionally, a hawk's nest has been reported on the property. The applicant will have to provide adequate mitigation for wildlife on the property. Eastridge Rezoning, #33-98B December 4, 2003 P & Z Meeting Page 2 of 6 FINDINGS and ANALYSIS Background: A. The surrounding zoning and land uses are as follows: N: FA1 (County); Undeveloped S: I (County); Gravel Mine W: 0/1 (County); Mobile Home Community/Railroad Yard E: LMN; Undeveloped The property was annexed as part of the East Ridge Annexation in January, 2002. 2. Quasi -Judicial Rezoning: The property included within the rezoning petition are less than 640 acres and, is therefore, considered a Quasi -Judicial Rezoning. In order for the Planning and Zoning Board to recommend approval of a rezoning to the City Council, the following criteria shall be met: A. Consistent with the City's Comprehensive Plan: The requested LMN zoning is consistent with the recently adopted East Mulberry Corridor Plan. This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this parcel as LMN. B. Warranted by change in the neighborhood surrounding and including the subject property: The property is currently zoned T — Transition. This is a "holding zone" and is intended for properties upon which there are no specific and immediate plans for development. The only permitted uses are those that existing at the date the property was placed into this district. At the time the property was annexed into the City, the Advance Planning Department was developing the East Mulberry Corridor Plan. Since the plan had not been adopted when the property was annexed, staff recommended the property be zoned Transition until the adoption of the East Mulberry Corridor. With the adoption of the East Mulberry corridor, the Transition zone district is no longer applicable. ITEM NO. 8 MEETING DATE 12/4/03 STAFF Bob Barkeen Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Eastridge Rezoning, File #33-98B APPLICANT: Eastridge of Fort Collins, LLC C/o Leo Schuster 4190 North Garfield Avenue Loveland, CO 80538 OWNERS: Jim Sell Design C/o Kent Bruxvort 153 West Mountain Avenue Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request to rezone 159 acres of land located east of Timberline Road and south of East Vine Drive. The proposed zoning for the entire property is LMN — Low Density Mixed -Use Neighborhood district. The property is currently zoned T — Transition. This zoning was adopted on the property at the time the property was annexed. The property is designated as LMN on the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. RECOMMENDATION Approval. EXECUTIVE SUMMARY: The rezoning request is consistent with the recently adopted East Mulberry Corridor Plan. This plan designates this parcel as LMN. The LMN zone district permits a variety of residential uses, including single family, single family attached (townhomes) and multi -family residential at a density range of 5 to 8 units/acre. Churches, community facilities and neighborhood centers are permitted within the LMN zone district as well. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT