HomeMy WebLinkAboutFOSSIL CREEK ESTATES REZONING 3/1/94 CITY COUNCIL HEARING - 50 92E - REPORTS - SECOND READINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 29
DATE: March 1, 1994
STAFF:-Kirs en Whetstone
SUBJECT:
Second Reading of Ordinance No. 26, 1994, Amending the Zoning District of the
City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the Fossil Creek Estates Rezoning.
RECOMMENDATION:
Staff recommends approval of the rezoning request. The Planning and Zoning Board
voted 5-0 to recommend approval of the requested rezoning.
EXECUTIVE SUMMARY:
Ordinance No. 26, 1994, which was adopted 5-1 on February 15, 1994 would rezone
approximately 31.12 acres located west of South Shields Street approximately one
mile south of Harmony Road and approximately 1/4 mile west of the southwest
corner of South Shields Street and Fossil Creek Drive (extended). The property
consists of one parcel of land under single ownership. The existing zoning is
T, Transition, a zoning district for properties which are in a transitional stage
with regard to ultimate development.
The owner has petitioned the City to remove the property from the T Zoning
District and place it in the RLP Zoning District, with a Planned Unit Development
(PUD) condition. The applicants propose to develop this property with single
family lots at a density of 3 dwelling units per acre. The proposed zoning of
RLP is compatible with surrounding zoning and land uses and is in conformance
with policies of the City's Land Use Policies Plan and the Intergovernmental
Agreement.
APPLICANT: Dr. Richard Wuerker
c/o Jim Sell Design
117 East Mountain Avenue
Fort Collins, CO 80524
OWNER: Dr. Richard Wuerker
363 West Drake Road, Suite
Fort Collins, CO 80526
ORDINANCE NO. 26, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING DISTRICT MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE FOSSIL CREEK ESTATES REZONING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the Zoning District Map adopted by Chapter 29 of the Code
of the City of Fort Collins be, and the same hereby is, amended by changing the
zoning classification from "T," Transition Zoning District, to "R-L-P," Low
Desnity Planned Residential Zoning District, for the following described property
in the City known as the Fossil Creek Estates Rezoning:
A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 10,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY,
COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 10 AS BEARING N 89°48'03" E AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY
LINES WHICH BEGIN AT THE NORTH QUARTER CORNER OF SAID SECTION 10 AND
RUN THENCE N 89048'03" E 1700.15 FEET; THENCE S 10°36'49" E 252.86
FEET; THENCE S 07°45'11" W 184.30 FEET; THENCE S 53°29'56" W 20.31
FEET; THENCE S 39°56'21" W 49.98 FEET; THENCE S 57°26'11" W 12.41
FEET; THENCE S 72°01'51" W 47.34 FEET; THENCE S 46°07'26" W 12.68
FEET; THENCE S 30°06'51" W 15.03 FEET; THENCE S 19°42'41" W 25.10
FEET; THENCE S 07'05'11" W 25.23 FEET; THENCE S 00°06'49" E 36.94
FEET; THENCE S 11°51'46" W 25.46 FEET; THENCE S 34'39'21" W 12.20
FEET; THENCE S 48°54'41" W 15.90 FEET; THENCE S 66°56'31" W 14.94
FEET; THENCE S 73°49'56" W 28.99 FEET; THENCE S 57°40'41" W 23.19
FEET; THENCE S 33°11'56" W 16.17 FEET; THENCE S 14°27'26" W 51.26
FEET; THENCE S 25°31'26" W 11.54 FEET; THENCE S 34°28'46" W 15.12
FEET; THENCE S 48°37'56" W 108.01 FEET; THENCE S 63°42'56" W 18.46
FEET; THENCE S 54°30'31" W 15.77 FEET; THENCE S 41°26'56" W 24.72
FEET; THENCE S 33025'26" W 28.84 FEET; THENCE S 49°01'41" W 42.67
FEET; THENCE S 58°15'31" W 23.25 FEET; THENCE S 69°51'56" W 20.37
FEET; THENCE S 77°51'01" W 44.84 FEET; THENCE S 85°24'51" W 16.75
FEET; THENCE N 76°59'59" W 50.20 FEET; THENCE S 86°09'56" W 22.96
FEET; THENCE S 74°52'06" W 27.89 FEET; THENCE N 71°01'29" W 23.44
FEET; THENCE N 55°24'49" W 18.89 FEET; THENCE N 85'51'39" W 86.15
FEET; THENCE N 78°55'09" W 85.68 FEET; THENCE S 87°16'06" W 25.00
FEET; THENCE S 70°02'31" W 32.99 FEET; THENCE S 88°16'51" W 16.02
FEET; THENCE N 77°35'04" W 18.38 FEET; THENCE N 50'34'24" W 29.46
FEET; THENCE S 57°17'06" W 102.12 FEET; THENCE N 26°05'59" W 30.28
FEET; THENCE N 33°00'59" W 37.30 FEET; THENCE N 43'35'49" W 58.50
FEET; THENCE N 64°13'59" W 33.37 FEET; THENCE N 71°19'24" W 85.77
FEET; THENCE N 49°09'49" W 34.42 FEET; THENCE N 35°17'39" W 146.57
FEET; THENCE N 57°59'59" W 57.41 FEET; THENCE N 75°22'24" W 53.30
FEET; THENCE S 51°39'26" W 50.69 FEET; THENCE S 58°02'56" W 31.03
FEET; THENCE N 89 32 04 W 44.82 FEET; THENCE N 78°34 09 W 108.79
FEET; THENCE N 47°08'59" W 25.69 FEET; THENCE N 22'02'59" W 45.80
FEET; THENCE N 33°00'19" W 75.82 FEET; THENCE N 00°08'56" E 527.33
FEET TO THE POINT OF BEGINNING.
CONTAINING 31.1065 ACRES.
Section 2. That the Sign District Map adopted pursuant to Section 29-593.1
of the 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 3. That the zoning granted herein is expressly conditioned upon
the entire above -described property being developed as a planned unit development
in accordance with the Ordinances of the City.
Section 4. The City Engineer is hereby authorized and directed to amend
said Zoning District Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published
this 15th day of February, A.D. 1994, and to be presented for final pa ae on
the 1st day of March, A.D. 1994.
e
r
ATTEST:
City Clem
Passed and adopted on final reading this 1st day of March, A.D. 1994.
ATTEST:
City Clerk
r"
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
ITEM NUMBER: 34
DATE: February 15, 1994
STAFF: Kirsten Whetstone
Hearing and First Reading of Ordinance No. 26, 1994, Amending the Zoning District
of the City of Fort Collins by Changing the Zoning Classification for that
Certain Property Known as the Fossil Creek Estates Rezoning.
RECOMMENDATION:
Staff recommends approval of the rezoning request. The Planning and Zoning Board
voted 5-0 to recommend approval of the requested rezoning.
EXECUTIVE SUMMARY:
This is a request to rezone approximately 31.2 acres locatedlwestof South
Shields Street approximately one mile south of Harmony Road,and•-approx4iffatri7-1/4-
mile west of the southwest corner of South Shie-lds- Street-afrd Foss-il-Creek Dive
(extended). The property consists of one parcel of land under single ownership.
The existing zoning is T, Transition, a zoning district for properties which are
in a transitional stage with regard to ultimate development.
The owner has petitioned the City to remove the property from the T Zoning
District and place it in the RLP Zoning District, with a Planned Unit Development
(PUD) condition. Tiie---a 14cants propose- -to-develop -thi s-property—with s-i..ngle_
fam4ly-- ots-at a densit-y s--per--acre The proposed zoning of
RLP is compatible with surrounding zoning and land uses and is in conformance
with policies of the City's Land Use Policies Plan and the Intergovernmental
Agreement.
APPLICANT:
OWNER:
BACKGROUND:
2 f Dr. Richard Wuerker �QnVt -077�� Cau Ca
.��. � • ayt� r
c/o Jim Sell Design
117 East Mountain Avenue l�
Fort Collins, CO 80524
Dr. Richard Wuerker
363 West Drake Road, Suite 6
Fort Collins; CO 80526
The owner of this property submitted a petition both for annexation and zoning,
requesting the RLP Zoning District, on August 3, 1993. The Planning and Zoning
Board considered the request at the September 27, 1993 hearing and recommended
approval of both the annexation and zoning requests.
DATE: February 15, 1994 2 7 34
ITEM NUMBER:
City Council approved the requests on First Reading at the October 19, 1993
meeting, on the consent agenda. On November 2, 1993 Council approved the
annexation request on Second Reading and placed the property in the T District.
On December 21, 1993 the Council officially placed the property in the T
District.
On January 31, 1994 the Planning and Zoning Board considered this rezoning
request and recommended approval of the proposed RLP zoning.
The property to the north, the Seven Springs/Hahn Annexation, known as the Cathy
Fromme Prairie, was annexed to the City of Fort Collins on April 1, 1986. The
owners had no immediate development plans for the property and requested that
property be placed in the T, Transition Zone. The property was purchased by the
City of Fort Collins.
The property to the east, known as the Wuerker Annexation, was annexed to the
City on January 5, 1993 and because the owner had development plans for a single
family subdivision, the owner requested and the property was placed in the RLP
Zoning District, with a PUD condition.
Zoning
The property is currently zoned T, Transition. The proposed zoning for this
annexation is RLP, Low Density Planned Residential, with a PUD condition. The
RLP District designation is for areas of low density residential development.
The applicant intends to develop this property at a minimum density of 3 DU/acre.
The T Zoning District does not permit any use, except such as existed on the date
the property was placed in this District. According to Section 29-423 of the
Code:
"The owner of any property in the T District may at any time petition the
city to remove the property from this zoning district and place it in
another zoning district. Any such petition shall be referred to the
Planning and Zoning Board to be considered at the next regular meeting of
such board which is scheduled at least fifteen (15) days from the date the
petition is filed with the City Clerk. Within sixty (60) days from the
date the matter is considered by the Board, the City Council shall change
the zoning for the property in question to another zoning district
authorized under this Chapter."
On January 7, 1994 the applicant filed a petition with the City Clerk, requesting
that the property be placed in the RLP, with a PUD condition, Zoning District.
The proposed RLP zoning is compatible with surrounding zoning and land uses.
The property to the north is in the T-Transition Zoning District and has recently
been purchased as the Cathy Fromme Prairie, a Natural Open Space area. The
property to the east is zoned R-L-P with a PUD condition. Properties to the
south and west, in the County, are zoned FA-1, Farming, and consist of large
rural parcels.
DATE: February 15, 19941 3 EM NUMBER: 34
Neighboring subdivisions within the City limits (within one half mile) include
Clarendon Hills (zoned RLP) and the Ridge (zoned RLP). Subdivisions in the
County include, Scenic Knolls, Ader Acres, Applewood Estates, and Midway
Subdivision. The proposed zoning of RLP for low density residential development
within the Urban Growth Area is compatible with the surrounding zoning and land
uses and meets the following land use policies of the City of Fort Collins:
Policy #12 in Land Use Policies Plan states:
"Urban density residential development usually at three or more units to
the acre should be encouraged in the urban growth area."
Policy #13 of the Land Use Policies Plan states:
"Rural density residential development usually at one or less units to the
acre shall not be allowed in the urban growth area."
The property is located on the fringe of current urban development, although
there are two large parcels of undeveloped property currently in the City with
RLP zoning located approximately one mile to the south. Namely the Del Webb
property on the east side of Shields (approximately 600 acres) and a parcel on
the west side of Shields which is approximately 250 acres in size.
The large residential lots to the north, in the Ridge Subdivision, are separated
from this parcel by the one-half mile wide City Natural Area. The vacant
property to the east, known as the Wuerker Annexation, is zoned RLP. The large
residential lots to the east, known as Clarendon Hills, are zoned RLP and are
separated from this parcel by Shields Street and the Wuerker parcel. An
irrigation canal separates this property from the undeveloped rural parcel to the
south, which is also within the UGA and zoned FA-1 in the County.
Staff is recommending a PUD condition because the property is located adjacent
to a City Natural Area, there are wetland areas on site, and there are other
wildlife and environmental concerns, all of which are more successfully
considered by the PUD process than by the current subdivision code.
Additionally, the adjacent property to the east, which has PUD conditional
zoning, is being combined with the subject property for development. A PUD
condition is consistent with zoning in the area.
Staff believes that the RLP Zoning District is an appropriate designationve gin
the--leFat4on--of—t-he-�C-i-ty s-Natural Area, within aa_AWban--setting. The Natural
,Areawas-purcha-sed-of--suff-i-Ei-ent-sazE�xide itsownbuffer to surrounding
urh=^ ' ^' rlavalopmeat. Site specific environmental concerns, such as wetlands;
Cand wildlife impacts, relating to PUD development proposals for this property,
will be addressed through appropriate criteria of the Land Development Guidance
System.
Neighborhood Sign District
Staff recommends that this property be included in the Residential Neighborhood
Sign District and that the Residential Neighborhood Sign District Map be amended
to reflect this addition. Approved by City Council on January 15, 1993, the
Residential Neighborhood Sign District was established to regulate signage of
non-residential uses in areas of the City which may be impacted by signage
because of their predominantly residential use or character.
DATE: February 15, 1994 4 , ,TEM NUMBER: 34
The District includes neighborhood service centers, neighborhood convenience
shopping centers, business services uses, and auto -related and roadside
commercial areas that are in proximity to existing or planned residential areas.
The District also includes residential areas in the City which may be impacted
by the above listed uses. Areas located within the District are subject to all
limitations and requirements of the District as defined in Sections 29-593 and
29-593.1 of the City Code.
Findings
1. On September 7, 1993, City Council considered a resolution setting forth
the intent to annex this property and establishing the date of public
hearing for the annexation and zoning ordinances. Ordinance to annex the
property was approved by City Council on October 19, 1993. Ordinance to
zone the property T, Transition, was approved by City Council on December
21, 1993.
2. The requested zoning of RLP, Low Density Planned Residential with a PUD
condition, is in conformance with the policies of the City's Land Use
Policies Plan and the Intergovernmental Agreement and is compatible with
the surrounding zoning districts and existing land uses.
3. The zoning of this property is required according to Section 29-423 of the
Code of the City of Fort Collins.
4. On January 7, 1994 the applicant filed a petition, requesting to be
removed from the T, Transition, District and be placed in the RLP, Low
Density Planned Residential, District with a condition that the entire
above described property be developed as a planned unit development (PUD)
in accordance with the Ordinances of the City.
5. Site specific environmental concerns, such as wetlands and wildlife
impacts, relating to PUD development proposals for this property will be
addressed through appropriate criteria of the Land Development Guidance
System.
6. The area is to be included in the Residential Neighborhood Sign District
and will be subject to all limitations and requirements of the district as
defined in Sections 29-593 and 29-593.1 of the City Code. The Residential
Neighborhood Sign District map will be amended to reflect this addition.
STAFF RECOMMENDATION:
Staff recommends approval of the requested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting on January 31,
1994, voted 5-0 to recommend approval of the Fossil Creek Estates Rezoning to the
RLP zoning district, with a PUD condition.
Ann
0
JTEM:
NUMBER,
FOSSIL CREEK ESTATES
No Text