HomeMy WebLinkAboutRUNNING DEER NATURAL AREA - REZONING - 38-04 - REPORTS - FIRST READINGiACITY OF FORT COLLINS —�—
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CITY OF FORT COLLINS
Running Deer Natural Area Rezoning --?
...N '_ Location Map
Reason for Request: (Please attach additional sheets if more space is needed)
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Please attach listing of 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.
Respectfully submitted,
State of Colorado )
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County of Larimer )
Thefoorrgoing instrument was acknowledge before me this �_ day of
BY D� 'iUafZ for the purpose therein set forth.
My commission expires [ , D
Public
W Caemdssim Expires 010/2008
Please return to the City of Fort Collins Current Planning Department.
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City of Fort Collins
Petitioner:
CITY OF FORT COLLINS
REZONING PETITION
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City, State, Zip
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To the City Council of the City of Fort Collins, Colorado.
I (We),. the undersigned, do hereby respectfully petition and request that the City Council
amend the zdnin§'ordinance of the City of Fortt.C�ollins by changing the zon g ooff
hereinafter described parcel, containing 45cres, more or less, from Lb_ zoning
district to Pt�L= zoning district:
[INSERT LEGAL DESCRIPTION HERE]
Doug Moore - ZONINGCHANGE.WPD Page
I hereby state that the above description was prepared by me and is true and correct to
the best of my professional knowledge, belief and opinion. The description is based
upon previously recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
3
Doug -Moore - ZONINGCHANGE.W! 2
feet;
THENCE North 60 degrees 46 minutes 05 seconds West for a distance of
' 1326.28 feet;
THENCE South 03 degrees 40 minutes 49 seconds West for a distance of
420.13 feet;
THENCE South 43 degrees 14 minutes 56 seconds East for a distance of
285.33 feet;
THENCE South 88 degrees 35 minutes 12 seconds East for a distance of
135.18 feet;
THENCE South 67 degrees 12 minutes 41 seconds East for a distance of
261.63 feet;
THENCE South 01 degrees 10 minutes 04 seconds West for a distance of
100.00 feet;
THENCE North 84 degrees 43 minutes .59 seconds West for a distance of
242.49 feet;
THENCE North 00 degrees 11 minutes 14 seconds East for a distance of 79.08
feet;
THENCE North 88 degrees 43 minutes 54 seconds West for a distance of
437.56 feet;
THENCE North 01 degrees 22 minutes 01 seconds East for a distance of 613.76
feet;
THENCE North 22 degrees 44 minutes 10 seconds West for a distance of
168.06 feet;
THENCE North 01 degrees 02 minutes 22 seconds East for a distance of
1491.85 feet;
THENCE North 31 degrees 01 minutes 07 seconds West for a distance of f
475.46 feet;
THENCE North 88 degrees 26 minutes 26 seconds West for a distance of I
1320.88 feet;
THENCE North 24 degrees 39 minutes 40 seconds West for a distance of
749.32 feet; `
THENCE North 27 degrees 54 minutes 40 seconds West for a distance of
403.00 feet;
THENCE North 41 degrees 00 minutes 20 seconds East for a distance of 327.00
feet; �
i
THENCE South 26 degrees 59 minutes 57 seconds East for a distance of
307.68 feet;
THENCE North 75 degrees 35 minutes 21 seconds East for a distance of 361.79
feet;
THENCE North 00 degrees 20 minutes 20 seconds East for a distance of
1267.63 feet;
THENCE North 88 degrees 22 minutes 31 seconds West for a distance of 85.26
feet;
THENCE North 01 degrees 37 minutes 05 seconds East for a distance of 246.97
feet to the point of beginning. Containing 243.213 Acres more less.
The above described tract is subject to all easements and rights of ways now existing or
of record.
2
Doug_Wore -ZONINGCHANGE.WPD _ Page 1
DESCRIPTION OF THE RUNNING DEER NATURAL AREA REZONING
A tract of land located in Section 21 and the north half of Section 28, Township 7 North,
Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County,
Colorado, more particularly described as follows;
Considering the north line of the northwest quarter of the said Section 21 as bearing
South 88 degrees 22 minutes 55 seconds East between a LS 17497 aluminum cap
monument in a monument box at the northwest comer and a LS 14823 aluminum cap
monument in a monument box at the north quarter comer, of the said Section 21,
based upon G.P.S. observation, and with all bearings contained herein relative thereto:
Commencing at the said northwest comer of Section 21;
THENCE along the west line of the said northwest quarter, South 00 degrees 09
minutes 26 seconds West for a distance of 30.01 feet;
THENCE South 88 degrees 22 minutes 55 seconds East for a distance of
726.74 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE South 88 degrees 22 minutes 55 seconds East for a distance of
939.26 feet;
THENCE South 04 degrees 02 minutes 31 seconds East for a distance of
560.59 feet;
THENCE South 88 degrees 33 minutes 25 seconds West for a distance of
271.94 feet;
THENCE South 00 degrees 16 minutes 24 seconds East for a distance of
470.54 feet;
THENCE North 89 degrees 35 minutes 16 seconds East for a distance of 579.00
feet;
THENCE North 76 degrees 18 minutes 20 seconds East for a distance of 277.94
feet;
THENCE South 01 degrees 42 minutes 09 seconds East for a distance of
364.99 feet;
THENCE South 33 degrees 47 minutes 15 seconds East for a distance of 64.79
feet;
THENCE North 57 degrees 27 minutes 50 seconds East for a distance of 365.56
feet;
THENCE North 47 degrees 56 minutes 56 seconds East for a distance of 956.57
feet;
THENCE North 88 degrees 17 minutes 25 seconds East for a distance of 471.95
feet;
THENCE South 01 degrees 12 minutes 27 seconds West for a distance of
3588.51 feet;
THENCE South 39 degrees 41 minutes 46 seconds East for a distance of
229.49 feet;
THENCE South 06 degrees 41 minutes 56 seconds East for a distance of
1197.09 feet;
THENCE North 88 degrees 40 minutes 10 seconds West for a distance of
561.03 feet;
THENCE North 01 degrees 02 minutes 58 seconds East for a distance of 253.43
8 October 2004
Mr. Doug Moore
Environmental Planner
City of Fort Collins
281 North College Ave
P.O. Box 580
Fort Collins, CO 80522
RE: Running Deer Natural Area Rezoning
Dear Mr. Moore:
The district received notification of the proposed rezoning of the Running Deer Natural Area.
The proposed rezoning from the "T" Transition and "RC" River Conservation districts is
necessary to accommodate construction of a parking lot on the property, currently owned by the
City's Natural Resources Department.
The district has utility easements and active sanitary sewer lines located in the property, and
performs routine maintenance on the lines and manholes located in the easements. The
district's historical rights, including the rights to operate, maintain, repair, reconstruct, replace,
inspect and survey improvements under and across the easement, must be preserved to insure
the district can effectively operate and maintain the collection system. At this time, the district
does not object to the proposed rezoning of the Running Deer Natural Area as long as any and
all district rights in regard to district easements and infrastructure remain undiminished as a
result of the proposed rezoning.
Rased on my telephone conversation with you today, 8 November 2004, rezoning and
subsequent construction of a parking area will have no impact on the district's easements and
other district rights, or district sanitary sewer lines located in those easements. The district
appreciates your offer to include its written comments on this matter in the information packet
provided to the Planning and Zoning Board for their work session. Please feel free to contact
me if additional information is needed.
Right OT Way Coordinator
&XOPERATIONSkCollection SystemkBasinsXEast BasintProspect Interceptor SubbasinlProspect Road Improvements\Running Deer
Nat. Area Rezoning comments.doc
P.O. Box 1518 - 3201 East Mulberry, Unit Q a Fort Collins, Colorado 80522
Phone (970) 498-0604 a Fax (970) 498-0701 a Email bsd@verinet.com
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 included in the Residential Neighborhood Sign District.
Section 3. The City Manager 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 7th day of
December, A.D., 2004, and to be presented for final passage on the 21st day of December, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
minutes 26 seconds West for a distance of 30.01 feet; ,
THENCE South 88 degrees 22 minutes 55 seconds East for a distance of 726.74 feet
to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE South 88 degrees 22 minutes 55 seconds East for a distance of 939.26 feet;
THENCE South 04 degrees 02 minutes 31 seconds East for a distance of 560.59 feet;
THENCE South 88 degrees 33 minutes 25 seconds West for a distance of 271.94 feet;
THENCE South 00 degrees 16 minutes 24 seconds East for a distance of 470.54 feet;
THENCE North 89 degrees 35 minutes 16 seconds East for a distance of 579.00 feet;
THENCE North 76 degrees 18 minutes 20 seconds East for a distance of 277.94 feet;
THENCE South 01 degrees 42 minutes 09 seconds East for a distance of 364.99 feet;
THENCE South 33 degrees 47 minutes 15 seconds East for a distance of 64.79 feet;
THENCE North 57 degrees 27 minutes 50 seconds East for a distance of 365.56 feet;
THENCE North 47 degrees 56 minutes 56 seconds East for a distance of 956.57 feet;
THENCE North 88 degrees 17 minutes 25 seconds East for a distance of 471.95 feet;
THENCE South 01 degrees 12 minutes 27 seconds West for a distance of 3588.51 feet;
THENCE South 39 degrees 41 minutes 46 seconds East for a distance of 229.49 feet;
THENCE South 06 degrees 41 minutes 56 seconds East for a distance of 1197.09 feet;
THENCE North 88 degrees 40 minutes 10 seconds West for a distance of 561.03 feet;
THENCE North 01 degrees 02 minutes 58 seconds East for a distance of 253.43 feet;
THENCE North 60 degrees 46 minutes 05 seconds West for a distance of 1326.28 feet;
THENCE South 03 degrees 40 minutes 49 seconds West for a distance of 420.13 feet;
THENCE South 43 degrees 14 minutes 56 seconds East for a distance of 285.33 feet;
THENCE South 88 degrees 35 minutes 12 seconds East for a distance of 135.18 feet;
THENCE South 67 degrees 12 minutes 41 seconds East for a distance of 261.63 feet;
THENCE South 01 degrees 10 minutes 04 seconds West for a distance of 100.00 feet;
THENCE North 84 degrees 43 minutes 59 seconds West for a distance of 242.49 feet;
THENCE North 00 degrees 11 minutes 14 seconds East for a distance of 79.08 feet;
THENCE North 88 degrees 43 minutes 54 seconds West for a distance of 437.56 feet;
THENCE North 01 degrees 22 minutes 01 seconds East for a distance of 613.76 feet;
THENCE North 22 degrees 44 minutes 10 seconds West for a distance of 168.06 feet;
THENCE North 01 degrees 02 minutes 22 seconds East for a distance of 1491.85 feet;
THENCE North 31 degrees 01 minutes 07 seconds West for a distance of 475.46 feet;
THENCE North 88 degrees 26 minutes 26 seconds West for a distance of 1320.88 feet;
THENCE North 24 degrees 39 minutes 40 seconds West for a distance of 749.32 feet;
THENCE North 27 degrees 54 minutes 40 seconds West for a distance of 403.00 feet;
THENCE North 41 degrees 00 minutes 20 seconds East for a distance of 327.00 feet;
THENCE South 26 degrees 59 minutes 57 seconds East for a distance of 307.68 feet;
THENCE North 75 degrees 35 minutes 21 seconds East for a distance of 361.79 feet;
THENCE North 00 degrees 20 minutes 20 seconds East for a distance of 1267.63 feet;
THENCE North 88 degrees 22 minutes 31 seconds West for a distance of 85.26 feet;
THENCE North 01 degrees 37 minutes 05 seconds East for a distance of 246.97 feet
to the point of beginning. Containing 243.213 Acres more less.
ORDINANCE NO. 193, 2004
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 RUNNING DEER NATURAL AREA REZONING
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:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification from "T", Transition Zone District and "RC", River
Conservation Zone District, to "POL", Public Open Lands Zone District, for the following described
property in the City known as the Running Deer Natural Area Rezoning:
A tract of land located in Section 21 and the north half of Section 28, Township 7
North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, more particularly described as follows;
Considering the north line of the northwest quarter of the said Section 21 as bearing
South 88 degrees 22 minutes 55 seconds East between a LS 17497 aluminum cap
monument in a monument box at the northwest comer and a LS 14823 aluminum cap
monument in a monument box at the north quarter comer, of the said Section 21,
based upon G.P.S. observation, and with all bearings contained herein relative
thereto:
Commencing at the said northwest corner of Section 21;
THENCE along the west line of the said northwest quarter, South 00 degrees 09
December 7, 2004 -3- Item No. 22
term management of the natural area and its environmental features by
providing the more restrictive POL zoning, than the RC district.
3. Whether and the extent to which the proposed amendment would result in
a logical and orderly development pattern.
The area has a number of stormwater and natural resource issues, which
restricts development. These restrictions limit development opportunities.
The proposed amendment results in a zone district that is more compatible
with these existing development constraints.
3. Reouest for POL — Public Ooen Lands District Zonin
The applicant filed a rezoning petition with the City on October 26, 2004. The request is to
rezone Running Deer Natural Area, excluding the roughly 14.828 acres currently under lease,
from T — Transition and RC — River Conservation to POL — Public Open Lands. This creates a
rezoned district of more or less 243.213 acres in size.
The purpose of this request is to rezone the natural area to a POL Zone District that is more
compatible with the use and the special character of the site and its surrounding uses.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the Running Deer Natural Area Rezoning, staff makes the following findings of
fact and conclusions as explained above:
A. The subject property for the Running Deer Natural Area Rezoning is designated on the
City Structure Plan as Public Open Lands District. The rezoning request to Public Open
Lands is consistent with the City of Fort Collins Structure Plan map.
B. The subject property is developing to provide public access and is require to be rezoned.
C. Rezoning the subject property unifies the surrounding zoning districts, as well as with the
Poudre River Corridor.
December 7, 2004 -2- Item No. 22
N: CCR, T, R, FA undeveloped, residential, composting facility
S: CSU, FA1; environmental learning center, mining
E: CSU; environmental learning center
W: POL; open land
The property was annexed June 7, 1988
2. Ouasi-Judicial Rezoning:
The property included within the rezoning petition is 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:
This parcel is designated as Public Open Lands District on the City of Fort
Collins Structure Plan. The existing Transition and River Conservation zoning is
not consistent with the Structure Plan and limits the Natural Areas Program's
ability to provide appropriate and adequate public access to the natural area.
B. Warranted by change in the neighborhood surrounding and including the subject
property
The majority of the properties surrounding the site are also publicly -owned open
space.
C. Additional Consideration for Ouasi-Judicial Rezonings•
In determining whether to recommend approval of any such proposed zoning
amendment, the City Council may consider the following additional factors:
1. 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 area is primarily comprised of publicly owned open space and is
zoned as such. This amendment unifies not only the surrounding zoning
districts, but helps to provide compatibility with the natural character
found along the Poudre River Corridor.
2. Whether and the extent to which theproMed 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
Running Deer Natural Area was acquired to protect the natural features
found throughout the property. The proposed amendment fits the long
ITEM NUMBER: 22
AGENDA ITEM SUMMARY DATE: December 7, 2004
FORT COLLINS CITY COUNCIL STAFF: Doug Moore
SUBJECT
First Reading of Ordinance No. 193, 2004, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Running
Deer Natural Area Rezoning.
RECOMMENDATION
The Planning and Zoning recommended approval of this zoning request by a vote of 6-0 (with
Carpenter absent). Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The rezoning request is consistent with the City of Fort Collins Structure Plan designations of
both "Poudre River" and "Open Lands, Parks, Stream Corridors.," The majority of the properties
contained within these "green" corridor designations are large publicly owned parks, natural
areas and open lands that have a community -wide emphasis or other characteristics which
warrant inclusion under this separate designation rather than inclusion in an adjoining
neighborhood or other District designation.
The T- Transition Zone District is intended for 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 the district. Rezoning the property will allow the Natural Areas
Program to move forward with its plans to construct a parking lot and a trailhead to provide
public access to the property
There are roughly 14.828 acres on the northern end of the property which are currently being
leased by the City to an adjacent business. This area is not included in the rezoning request and
will remain within the T — Transition Zone District until the future use of the property has been
determined.
BACKGROUND
FINDINGS and ANALYSIS
Background:
A. The surrounding zoning and land uses are as follows: