No preview available
HomeMy WebLinkAbout01/16/2025 - Planning and Zoning Commission - AGENDA - Regular MeetingPLANNING & ZONING COMMISSION REGULAR MEETING 01/16/2025 Agenda Participation for this Planning & Zoning Commission Regular Meeting will be in person at Council Chambers, City Hall, 300 Laporte Avenue, Fort Collins, CO 80521. You may also join online via Zoom, using this link: https://fcgov.zoom.us/j/97548330954 Online Public Participation: The meeting will be available to join beginning at 5:45 pm, January 16, 2025. Participants should try to sign in prior to the 6:00 pm meeting start time, if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board or Commission. watch the meeting through that site. To participate: •Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). •You need to have access to the internet. •Keep yourself on muted status. •Documents to Share: If residents wish to share a document or presentation, City Staff needs to receive those materials via email by 24 hours before the meeting. Please email any documents to mmatsunaka@fcgov.com. •Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged to participate by emailing general public comments you may have to devreviewcomments@fcgov.com . Staff will ensure the Commission receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting. •As adopted by City Council Ordinance 143, 2022, a determination has been made by the chair after consultation with the City staff liaison that conducting the hearing using remote technology would be prudent. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Colorado) for assistance. Please provide 48 hours advance notice when possible. que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. Masks Strongly Recommended in Indoor Public Spaces While there are currently no public health orders in place, Larimer County Public Health officials strongly recommend that well-fitting, high-quality masks are worn in crowded indoor spaces. For more information, please visit fcgov.com/covid Council Chambers, 300 Laporte Avenue Zoom – See Link Below Packet Pg. 1 PLANNING & ZONING COMMISSION REGULAR MEETING • CALL TO ORDER • ROLL CALL • AGENDA REVIEW • PUBLIC PARTICIPATION • CONSENT 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF NOVEMBER 21, 2024 The purpose of this item is to approve the minutes from the November 21, 2024 regular meeting of the Planning and Zoning Commission. 2. FISCHER REZONING, REZ 240001 DESCRIPTION: This is a request to rezone 1185 and 1201 Westward Drive to remain in the previously approved Neighborhood Conservation Buffer (NCB) zone district, but without any condition for a specific parking requirement for potential future development. Such a condition is currently in place upon the zoning. Note that the name of the NCB zone has been changed to Old Town – High (OT-C). Clark Mapes, Planner • OTHER BUSINESS • ADJOURNMENT Julie Stackhouse, Chair City Council Chambers - City Hall West Adam Sass, Vice Chair 300 Laporte Avenue Russell Connelly Fort Collins, Colorado David Katz Shirley Peel Virtual (Zoom or Telephone) Ted Shepard Cablecast on FCTV Channel 14 on Connexion & York Channels 14 & 881 on Comcast Packet Pg. 2 Agenda Item 1 Item 1, Page 1 Planning and Zoning Commission STAFF Melissa Matsunaka, Sr. Project Coordinator SUBJECT MINUTES OF THE NOVEMBER 21, 2024 PZC HEARING EXECUTIVE SUMMARY The purpose of this item is the consideration and approval of the draft minutes of the November 21, 2024 Planning & Zoning Commission hearing. ATTACHMENTS 1. Draft Minutes of the November 21, 2024 Hearing Packet Pg. 3 Julie Stackhouse, Chair Virtual Hearing Adam Sass, Vice Chair City Council Chambers Russell Connelly 300 Laporte Avenue David Katz Fort Collins, Colorado Shirley Peel Ted Shepard Cablecast on FCTV, Channel 14 on Connexion & York Channels 14 & 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing November 21, 2024 Chair Stackhouse called the meeting to order at 6:00 p.m. Roll Call: Stackhouse, Connelly, Peel, York, Katz, Sass, and Shepard Absent: None Staff Present: Jarvis, Haigh, Kleer, Frickey, Myler, Beals, Stamey, Matsunaka Chair Stackhouse provided background on the Commission’s role and what the audience could expect as to the order of business. She described the role of the Commission and noted that members are volunteers appointed by City Council. The Commission Members review the analysis by staff, the applicants’ presentations, and input from the public and make a determination regarding whether each proposal meets the Land Use Code. She noted that this is a legal hearing, and that she will moderate for civility and fairness. Agenda Review Planning Manager Clay Frickey reviewed the items on the Consent and Discussion agendas, stating all items will be heard as originally advertised. Public Input on Items Not on the Hearing Agenda None. Planning and Zoning Commission Minutes DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 4 Planning & Zoning Commission November 21, 2024 Page 2 of 8 Consent Agenda: 1. Draft Minutes for the P&Z August 28, 2024, Extra Hearing The purpose of this item is to approve the draft minutes of the August 28, 2024, Planning and Zoning Commission hearing. 2. Draft Minutes for the P&Z September 19, 2024, Regular Hearing The purpose of this item is to approve the draft minutes of the September 19, 2024, Planning and Zoning Commission hearing. 3. Three-Mile 2024 Update This is a request for a recommendation to City Council adopting the 2024 Update to the Three-Mile Plan. The Three-Mile Plan is a reference document of approved plans and policies describing infrastructure, land use planning, and provision of services for areas of potential annexation within three miles of the municipal boundary. The Plan is required per Colorado Revised Statues Section 31-12-105 and is updated annually to reflect new or revised plans and policies. Commissioner Shepard made a motion to approve the Consent Agenda for the November 21, 2024, hearing as originally advertised. Commissioner Peel seconded the motion. Yeas: Shepard, Connelly, York, Peel, Sass, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Discussion Agenda: 4. Liberty Common Junior High, SPA24002 This is a request to convert an office into a charter school at 1825 Sharp Point (parcel #s 8720105004). The applicant is proposing an interior nd OWNER: APPLICANT: Jensen LaPlante Development Fort Collins, CO 80525 STAFF ASSIGNED: DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 5 Planning & Zoning Commission November 21, 2024 Page 3 of 8 Staff Presentation Kai Kleer, City Planner, stated this project is an expansion of the existing Liberty Common Junior High School at 1825 Sharp Point Drive, and noted the application is subject to site plan advisory review (SPAR). SPAR is a process governed by Colorado Revised Statutes that allows the Planning and Zoning Commission to review and comment on applications to the Board of Directors. Kleer noted the City’s Land Use Code does not apply to SPAR projects and the review is narrowed to three criteria: location, character, and extent. Kleer noted this proposed expansion is the first of two proposed expansion phases and stated there is an associated application to vacate the right-of-way on Riverbend Court. Kleer showed slides of the property and noted it is located in the Industrial zone district. Applicant Presentation Tricia Diehl, Liberty Common Building Corporation, stated Liberty Common was one of the first charter schools in Colorado and is chartered through Poudre School District. She noted all school decisions are made internally through the parent board and school administration and stated the Liberty Common Building Corporation is the entity that was set up by the legislature originally to hold the school’s assets, including real estate. Diehl noted this expansion would ultimately be permitted by the State. Sandy Stoltzfus, Liberty Common Elementary School Principal, discussed the history of the school and stated the school advocates for parental choice in every element of education. She stated the expansion is needed due to demand. Shelby Hinchliff, Neenan Company, provided a diagram showing the existing traffic at the elementary school as well as how the junior high school traffic will fit in. Matt Delich, Delich Associates, stated it is highly likely there will be siblings attending these schools and there is also bus service between the various campuses; however, that was not taken into account as part of the traffic study. Hinchliff noted there will no longer be parking on March Court and stated the schools will be incorporating staggered start times. Additionally, Hinchliff noted emergency vehicles do not dispatch from the Sheriff’s Office location adjacent to the school. Staff Analysis Kleer commented on the draft letter to the Liberty Common School Board of Directors. In terms of location, Kleer noted the area is envisioned to evolve over the next 20 years and has a new place type designation: RND Flex District. Staff found the location to be consistent with the guidance from the City’s Comprehensive Plan. In terms of character, Kleer noted staff recommended screening for the parking area and enhanced walkways to the building’s primary entrance. He stated staff did not have any comments on architecture but did recommend preservation of the existing trees to the extent reasonably feasible and that full tree stocking should be achieved through parking areas and along the streetscape. Regarding extent, Kleer stated staff focused on the transportation impact study and the fact that the recommendations from that study have been agreed upon by the applicants, including the signing and striping of March Court and staggered start times. Kleer stated Utilities completed its review of the project since the work session and did not offer any comments for this expansion phase, though staff will have comments on the right-of-way vacation and the second phase. Kleer stated any new lighting is recommended to be fully shielded, down directional, and generally compliant with dark skies and best practices of the lighting code. DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 6 Planning & Zoning Commission November 21, 2024 Page 4 of 8 Commission Questions Chair Stackhouse reviewed the Site Plan Advisory Review process and noted comments will go to the Liberty Common Board of Directors. Commissioner Katz noted the Industrial zone does not allow schools and asked if this would be allowed if it were a private school. Frickey replied a school use such as a driving school would need to follow the Code and seek an addition of permitted use for the Industrial zone district. He also noted the school has been operating in the location for many years. Commissioner Katz expressed concern that a new school could come in that does not fall under the SPAR process and thereby create a non-conforming use. Frickey noted the chances of another school coming into the site that is not chartered or otherwise falls under the SPAR process is very small. Commissioner Shepard asked about the City Forester requirements should a tree be removed or replaced and asked if the trees along the streetscape are in the public right-of-way. Kleer replied he would need to confirm whether or not the trees are in the public right-of-way. Commissioner Shepard expressed concern that a detached walkway could be hazardous to the trees and encouraged the applicants to be cognizant of tree health. Kleer noted there are fairly strict standards for the critical root zone. Commissioner Peel asked how this campus would fit into a 15-minute community. Kleer replied the concept behind a 15-minute community is that individuals can get to their daily needs within 15 minutes by bike, vehicle, or walking, and in this case, the Bucking Horse neighborhood is within a 15 minutes’ walk to the site. Additionally, there is a natural areas trail that runs on the east side of Sharp Point Drive that provides direct connection into that community. He stated staff would say the proposal generally aligns with the idea of a 15-minute community, although, in general, the enrollment model for charter schools generally does not align with the vision of 15-minute communities because they pull from a larger radius. Commissioner Connelly asked if the Sherriff’s Office has had any additional concerns since the neighborhood meeting. Hinchliff replied she was unaware of any. Commissioner York asked about projected enrollment of siblings at the two buildings and whether students come from Timnath given the recent completion of the Poudre Trail. He specifically asked about anticipated non-motor vehicle traffic to the school. Stoltzfus replied about 100-200 of the 610 enrolled elementary school students have a junior high sibling. She noted students who live in the Poudre School District boundaries have priority enrollment, and there are a number of families from Timnath. Commissioner York stated the traffic study did not include impacts to Prospect Road. Delich replied all traffic studies are scoped with Traffic Operations staff and, in this case, none of the Prospect intersections were analyzed, just the intersections around the school itself. Tyler Stamey, City Traffic Engineer, noted there is a long-term capital project planned to widen Prospect, and it is anticipated there will be a signal at Sharp Point. He noted there are multiple exits from the school onto Prospect. Commissioner Sass asked how many increased trips the project is generating. Stamey replied the estimates were for 502 daily trips for phase one. Commissioner Shepard noted the Nancy Gray and Sharp Point connection crosses the Great Western Railroad, which has a no train horn designation; however, he stated the intersection does not seem to have the items necessary to create a Federal Railroad Administration quiet zone. Stamey replied that a combination of medians and approach gates can be used to meet the standards. Commissioner Shepard asked about the status of the Prospect improvements. Stamey replied design is not yet funded and there is a request in the current budget for that funding. DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 7 Planning & Zoning Commission November 21, 2024 Page 5 of 8 Commissioner Sass asked if this is a change of use. Kleer replied it is a change of occupancy, not a change of use by Land Use Code standards. Commissioner Sass asked how to ensure the detached sidewalk meets City standards if it is not in the right-of-way. Kleer replied the City has purview over public streets and utilities, but not over state building code. If the trees are in the right-of-way, the City would have control over any impact to them. Commissioner York asked how much bike parking will be provided on the site. Hinchliff did not have an exact number but stated it will be part of the project. Additionally, the proposed crosswalk on Sharp Point should encourage more bicycle ridership. Public Comment None. Staff Response Kleer noted the City is asking for a proportional share of the March Court rapid flashing beacon for the connection between the trail by Prospect Ponds into the school campus. Commission Questions / Deliberation Chair Stackhouse noted the draft letter calls for the Commission to offer three comments: signage and striping for March Court, establishment of an urban tree canopy and mitigation of any trees removed, and pedestrian and visual mitigation of vehicular use areas. The letter also requests lighting protect the night sky and states that the Commission strongly recommends public improvements to comply with the current adopted standards to mitigate additional student-related traffic to the site. Commissioner Shepard asked the Commission to consider adding a clause related to encouraging consultation with the City Forestry Department. He noted retrofitting in a detached sidewalk will require a fair amount of tree protection. Commissioner Sass concurred and stated it is important that the urban tree canopy remain. Commissioner York commented on the importance of making a recommendation now so the second phase of expansion has fewer items for the Commission to consider. He concurred with including a reference to the City Forester and stated he would like to see more information about non-motor vehicle traffic, which is likely more for the second phase. Chair Stackhouse asked if a SPAR will be required for the second phase. Kleer replied in the affirmative. Commissioner Shepard made a motion that the Fort Collins Planning and Zoning Commission approve staff recommendations for the Liberty Common Junior High SPAR, #SPA24002, and direct staff, pursuant to C.R.S. 22-32-124(1.5)(a) to provide those recommendations and comments to the Liberty Common Board of Directors with a request for the Board’s response. This approval to provide comments is based on finding that the submitted site development plan meets the applicable Land Use Code requirements set forth in Land Use Code Section 6.11.2(Q), except as detailed in the draft letter to the Liberty Common School Board of Directors. This decision is based upon the agenda materials, the information and materials presented during the work session and this hearing, and the Commission discussion on this item. The Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this Site Plan Advisory Review contained in the staff report included in the agenda materials for this hearing. Commissioner Connelly seconded the motion. Yeas: Peel, Katz, Connelly, York, Sass, Shepard, and Stackhouse. Nays: none. THE MOTION CARRIED. DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 8 Planning & Zoning Commission November 21, 2024 Page 6 of 8 (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) 5. Regulations This is a request for a recommendation to the City Council regarding an update to the Land Use Code. There are proposed revisions, clarifications, and organizations to the Code that address specific areas that are the subject of two State House Bills passed earlier this year. HB24-1152 requires the ability to build an ADU in more areas of the city, -1304 removes the minimum parking requirements for new -unit and residential mixed- -up to the code are also included. City of Fort Collins 300 Laporte Ave Fort Collins, CO 80524 STAFF ASSIGNED: Staff Presentation Noah Beals, Development Review Manager, stated this item relates to two State House Bills passed earlier this year, one that requires jurisdictions to allow accessory dwelling units (ADUs) anywhere a single-unit house could be built or where a single-unit house exists. Additionally, all restrictive standards that would prohibit an ADU from being built must be eliminated, no additional parking spaces need to be required for an ADU, and ADU applications are only to be reviewed by government staff and shall not be deferred to elected or appointed public bodies, including a hearing officer. The new law does allow for restrictions on the use of ADUs for short-term rentals, for a statement to be made by the Historic Preservation Commission, and for the water service provider to provide a letter related to water service in the area. The second new law eliminates minimum parking requirements for multi-unit and residential mixed-use developments. However, if parking is provided, jurisdictions can still require design standards for the parking area. Beals outlined additional Code changes that are necessary due to the state regulations. He stated staff is recommending the Commission recommend approval of the proposed Code changes to City Council. Commission Questions Commissioner York asked if there is a limit to one ADU per property. Beals replied that is the proposal with the Code changes. Commissioner Sass asked if there is a requirement for making the change to Section 4.3.1(A)(2). Beals replied the proposed Code language for that section is not necessarily required by the State House Bill, but is intended to help ensure the ADUs that are built, built and used safely. Commissioner Shepard noted there was previously a provision in the Land Use Code that allowed for the extension of water and sewer service to an ADU, but that has now been moved to the Municipal Code. Beals confirmed that change. Commissioner Shepard asked about the standards related to the ADU being subordinate to the principal dwelling. Beals replied there are some floor area requirements for ADUs to ensure they are built within the state statute to limit the size to 750 square feet, and they cannot be taller than the existing primary structure. DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 9 Planning & Zoning Commission November 21, 2024 Page 7 of 8 Commissioner Shepard asked about the difference in building permit fees between an accessory building with habitable space without water and sewer and an ADU with water and sewer. Beals replied that capital expansion fees are associated with a dwelling unit, and those can be $10,000-$15,000. Commissioner Sass asked how many accessory buildings currently exist in the city. Beals replied he did not have that exact number. Commissioner Sass asked if there is a concern that more accessory buildings will be built but not utilized as dwelling units, which is the goal of the state legislation. Beals replied the current Code restricts how many ADUs can be built, but does allow for accessory buildings with habitable space to be built. The proposed Code changes are designed to ensure ADUs are built and used correctly and safely. Commissioner Shepard asked if a fire suppression system would be required if the ADU is detached. Beals replied that is probably dependent on distance to a fire hydrant. Commissioner Shepard asked if a basement could be converted to an ADU. Beals replied in the affirmative and noted it would require a separate exterior entrance or vestibule. Chair Stackhouse asked if there would be a way to address the safety concerns by defining an ADU as being used for overnight occupancy. Assistant City Attorney Jarvis replied she believed that would be possible. Beals stated staff would be willing to revise the piece related to Section 4.3.1(A)(2) for consideration at a later date. Public Comment None. Commission Questions / Deliberation Commissioner Connelly expressed concern about Section 4.3.1(A)(2) and supported removing it from consideration at this time. Commissioner Sass concurred. Commissioner Shepard asked how the public has been notified about these changes. Beals replied all Planning and Zoning Commission meetings are publicly noticed, though no additional public outreach as occurred. Commissioner Peel also concurred with removing the Section 4.3.1(A)(2) changes at this time. Commissioner York also concurred. Commissioner Sass asked how to deal with a situation in which a garage is converted into an ADU and street parking is not available. Beals replied the State Bill grappled with that, but ultimately decided the priority is more housing. Commissioner Sass expressed concern about the parking situation. Commissioner Shepard asked if parking maximums have been considered. Beals replied that possible change is being considered for the next phase of Land Use Code updates. Chair Stackhouse also concurred with the removal of the Section 4.3.1(A)(2) changes at this time. Members discussed full living amenities which include living, sleeping, eating, cooking, and sanitation. Commissioner Shepard suggested examining a tiered capital expansion fee system based on square footage. Commissioner Connelly made a motion that the Fort Collins Planning and Zoning Commission recommend that City Council approve the proposed amendments to the Land Use Code Article 2, Zone Districts, DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 10 Planning & Zoning Commission November 21, 2024 Page 8 of 8 Sections 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.1.6, and 2.2.1, Article 3, Building Types, Sections 3.1.6, 3.1.7, 3.1.9, and 3.1.10, Article 4, Use Standards, Sections 4.2 and 4.3.1(A)(1), Article 5, General Development and Site Design, Sections 5.9.1 and 5.10.3, Article 6, Administration and Procedure, Sections 6.4.3 and 6.21.4, and Article 7, Rules of Measurement and Definitions, Section 7.2.2, finding that the proposed revisions, clarifications, and organizations to the Land Use Code are needed to comply with two State House Bills, HB24-1152, which requires the ability to build an accessory dwelling unit in more areas of the city, and HB24-1304, which removes the minimum parking requirements for new multi-unit and residential mixed- use development. The proposed amendments will promote the public welfare and will be consistent with the vision, goals, principles, and policies of City Plan and the elements thereof. This decision is based upon the agenda materials, the information and materials presented during the work session and this hearing, and the Commission discussion on this item. The Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this Land Use Code update contained in the staff report included in the agenda materials for this hearing. Commissioner York provided a friendly amendment to also include Section 4.3.1(B). Commissioner Connelly accepted the amendment. Commissioner York seconded the motion. Yeas: Sass, Katz, Shepard, Peel, Connelly, York, and Stackhouse. Nays: none. THE MOTION CARRIED. For more complete details on this hearing, please view our video recording located here: https://www.fcgov.com/fctv/video-archive.php?search=PLANNING%20ZONING Other Business None. Adjournment Chair Stackhouse moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 8:26 pm. Minutes respectfully submitted by Melissa Matsunaka Minutes approved by a vote of the Commission on: January 16, 2025. DRA F T ITEM 1, ATTACHMENT 1 Packet Pg. 11 Development Review Staff Report Agenda Item 2 Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Commission Hearing: January 16, 2025 Fischer Rezoning, #REZ240001 Summary of Request This is a request to rezone 1185 and 1201 Westward Drive to remain in the previously approved Neighborhood Conservation Buffer (NCB) zone district, but without any condition for a specific parking requirement for potential future development. Such a condition is currently in place upon the zoning. Note that the name of the NCB zone has been changed to Old Town – High (OT-C). Zoning Map Next Steps At the Planning and Zoning Commission hearing, the Commission will make a recommendation to City Council. City Council would then consider a rezoning Ordinance. Site Location 1185 and 1201 Westward Drive, across Shields Street from CSU, on the west side of Shields separated from Shields by one lot. Petitioner Erik Fischer 125 S. Howes St. Fort Collins, CO 80521 Owner Same Staff Clark Mapes, City Planner Contents 1. Project Introduction ... Error! Bookmark not defined. 2. Public Outreach ......................................... 4 3. Land Use Code Article 2 Procedural Standards .................................................. 4 4. Article 6 – Administration and Procedures 5 5. Findings of Fact/Conclusion ...................... 7 6. Recommendation ....................................... 7 7. Attachments ............................................... 7 Recommendation Staff recommends that the Commission recommend approval with one condition. Packet Pg. 12 Planning and Zoning Commission Hearing - Agenda Item 2 REZ240001 | Fischer Rezoning Thursday, January 16, 2025 | Page 2 of 7 Back to Top 1. Introduction A. PROJECT DESCRIPTION The applicants’ narrative is attached and explains the request, which is to remove a condition that accompanied rezoning into the current zone district in 2020. The 2020 rezoning of the two subject parcels included this condition: “Section 3. That the following condition be imposed upon the Fischer Rezoning: • Any development plan involving 1185 or 1201 Westward Drive, or both, for residential use must provide at least one parking space per bedroom.” The condition was a voluntary commitment by the owner, who now proposes to remove the condition from the zoning. Staff found that the only way to do that is through a new rezoning petition. The 2020 rezoning changed the zoning on the two properties from Low Density Residential (RL) to incorporate them into the larger NCB area along the west side of Shields Street. The reason was to enable assembly of a group of properties for multi-family redevelopment. The map below shows the context of the 2020 rezoning. The zone district is to remain the same. However, note that in the 2020 rezoning, the zone district was named Neighborhood Conservation Buffer (NCB); and since that time, the name and formatting of the NCB zone in the Land Use Code was changed as part of an overall update of the code. As a result, the current zoning terminology is Old Town, High (OT-C) which replaced the NCB terminology. The update was adopted in May of 2024. Additional NCB Parcels Under Same Ownership Packet Pg. 13 Planning and Zoning Commission Hearing - Agenda Item 2 REZ240001 | Fischer Rezoning Thursday, January 16, 2025 | Page 3 of 7 Back to Top B. BACKGROUND The condition upon the 2020 rezoning was not required by the City; it was a personal commitment offered by the owner/developer in response to a concern by neighbors about parking on neighborhood streets, as discussed at a neighborhood meeting. This condition required more space dedicated to parking than what the Land Use Code has ever required for apartment developments. Legislative Changes. Since that time, public discussions about land use and housing policy, at both the City and State level, have led to significant evolution of code requirements for parking—i.e., reducing or eliminating requirements): • The Land Use Code update adopted in May 2024 reduced parking requirements for studio, one- bedroom, and two-bedroom units, following years discussion that included parking as part of whole exploration of housing issues. • Then also in May, a new State law was enacted which prohibits any parking requirements for residential development within a defined ‘Transit Service Area’. The subject property is within such area, and within the local ‘Transit-Oriented District’ (TOD) area. Approved Plan Following 2020 Rezoning. The 2020 rezoning was intended to enable a development plan for apartments on assembled property. A development plan was then subsequently submitted, and was approved on September 9, 2023. The proposed “re-rezoning” sans the parking condition would enable the owner/developer to reprogram and redesign that approved plan with less space dedicated to parking. C. OVERVIEW OF MAIN CONSIDERATIONS The code Section governing rezoning is for amendments to the zoning map. But in this case, the rezoning is an unusual, possibly one-of-a-kind situation because the map is not being amended. Five criteria govern rezonings, found in Land Use Code Section 6.25.4. Two are ‘Mandatory Requirements’ and the other three are ‘Additional Considerations’. The two mandatory criteria are ‘consistent with the comprehensive plan’; and ‘warranted by changed conditions’. The other three are ‘compatible with surrounding uses’; ‘impacts to the natural environment’; and ‘a logical and orderly development pattern’. These five criteria were the basis of the 2020 rezoning. The criteria are explained and evaluated in the staff analysis section of this report. Staff’s recommendation to include the condition was based on the neighborhood meeting, as explained in the staff report for the P&Z hearing. An excerpt is relevant: “…After considering the body of policy direction, the primary consideration staff finds to tip the balance in staff’s recommendation is the concluding sentence on page 23 of the West Central Area Plan under the heading Vacant and Under-Utilized Parcels: Collaboration with surrounding neighbors is expected to result in land uses that are appropriate with a design that is sensitive to the surrounding context.” Accordingly, the most prominent consideration in staff review of the proposal was the neighborhood meeting. The primary focus at that meeting was attendees’ appreciation of strong statements by the owner about his intent. The owner stated that if the rezoning is approved, he would be the developer of a multi-family housing project, and his main reason for requesting the rezoning was to allow space for one parking stall per bedroom (which exceeds standard Land Use Code requirements for multi-bedroom units). There was no opposition at the meeting to the rezoning proposal, largely based on this commitment.” Now, the main considerations in staff’s review of this proposed “re-rezoning” are 1) the changes to regulations locally and statewide since the condition was adopted, and 2) the neighborhood meeting which showed that the original concerns and opposition about street parking have diminished, perhaps completely. To the extent Packet Pg. 14 Planning and Zoning Commission Hearing - Agenda Item 2 REZ240001 | Fischer Rezoning Thursday, January 16, 2025 | Page 4 of 7 Back to Top any concerns may remain, they are being addressed by establishment of the Residential Parking Permit Program which directly limits parking on the street. 2. Public Outreach A. NEIGHBORHOOD MEETING Neighborhood meeting notes are attached. The petitioner explained a long personal history in the neighborhood, his family’s intent to redevelop the subject parcels, and his recognition of big changes in the thinking about parking. Only one neighbor attended, online. Their comment was that they were hoping the change was to reduce the parking, which is the case. B. PUBLIC COMMENTS: One email was received for the neighborhood meeting: “I don’t believe there should be any bedroom/parking requirement. Or stated more positively, for every bedroom there should be a minimum of zero parking places.” One phone call was received prior to the neighborhood meeting, with the main point that developers make promises to get their plans approved knowing that they can then cut corners and violate requirements to increase their profit while imposing greater impacts to the community; and the developer should be held to their original commitment. 3. Land Use Code Article 2 Procedural Standards A. PROCEDURAL OVERVIEW 1. Conceptual Review No conceptual review meeting was warranted nor held. 2. Rezoning Petition The petition was received on October 24, 2024. 3. Neighborhood Meeting Held September 23, 2024. 4. Notice (Posted, Written and Published) Posted Notice: September 24, 2024, Sign # 672 Written Hearing Notice: December 31, 2024, 326 addresses mailed. Published Hearing Notice: January 5, 2024, Coloradoan Confirmation #0003922474 Packet Pg. 15 Planning and Zoning Commission Hearing - Agenda Item 2 REZ240001 | Fischer Rezoning Thursday, January 16, 2025 | Page 5 of 7 Back to Top 4. Article 6 – Administration and Procedures A. DIVISION 6.25 – AMENDMENT TO ZONING MAP The purpose of this division is to provide requirements for changing the boundaries of the zone districts shown on the zoning map. In this case, the map is not being amended—rather, a condition on the existing zoning is proposed to be removed. Nevertheless, in this case staff used the criteria for rezoning to the extent they are found relevant to removing the condition requiring one parking space per bedroom in a multi-family development plan, which exceeds standards for required number of parking spaces. Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 6.25.4(H) Map Amendment Review Procedures This Section contains the applicable criteria governing rezoning of property, as follows: “Any amendment to the Zoning Map involving the rezoning of land shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: • Consistent with the City’s Comprehensive Plan; and/or • Warranted by changed conditions within the neighborhood surrounding and including the subject property. Additional considerations for rezoning parcels less than 640 acres (quasi- judicial): • 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. • Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. • Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern.” Petitioner’s Justification: The petitioner’s justification is attached and addresses these criteria in detail. Staff Analysis: Staff analysis follows for each of the criteria. Complies Staff Analysis: Is the proposed rezoning “Consistent with the City’s Comprehensive Plan”? - City Plan City Plan: A pervasive theme throughout City Plan is support for alternatives to private vehicle driving. Policies emphasize transit, particularly around CSU including along Shields; and favor reducing automobile dependence and use with ‘Transportation Demand Management’ techniques for more efficient use of transportation resources. Parking pricing and parking management incentives are mentioned, including car share, bike share, new and emerging mobility options, and zero-vehicle households. A strategy is to recalibrate regulatory incentives to reflect current market conditions in the TOD area, and parking is a component of such incentives. pp. 203, 224, 241, 246. Yes Packet Pg. 16 Planning and Zoning Commission Hearing - Agenda Item 2 REZ240001 | Fischer Rezoning Thursday, January 16, 2025 | Page 6 of 7 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings Limiting excess parking lot paving is consistent with City Plan. Staff Analysis: Is the proposed rezoning “Consistent with the City’s Comprehensive Plan”? - West Central Area Plan (WCAP) West Central Area Plan (WCAP): The parcels are in the West Central Area Plan (WCAP) area. That plan is a related element of the comprehensive plan. It tailors citywide goals and policies to specific circumstances in the area. In the 2020 rezoning, staff’s recommendation was ultimately decided by the highlighted language below from p. 23 of the plan: “Various Vacant or Under-Utilized Parcels These parcels are scattered throughout the plan area and are generally under market pressure to redevelop in a manner greater than would otherwise be allowed by the current parameters of the zone districts. Such redevelopment will be carefully evaluated so that new uses protect neighborhood character, are well-designed, and mitigate traffic and other external impacts. Collaboration with surrounding neighbors is expected to result in land uses that are appropriate with a design that is sensitive to the surrounding context.” At a neighborhood meeting for the 2020 rezoning, the primary concern of neighbors was perceived potential for spillover parking onto neighborhood streets from an apartment building. Both the owner and neighbors stated observations that while tenants living near CSU may not drive much, most still own vehicles. Because the plan mentions collaboration with neighbors, staff supported the condition agreement among neighbors and the owner to include the condition. At a neighborhood meeting for this proposed “re-rezoning” held in September 2024, there was no indication that neighbors are still concerned or interested in excess parking for a redevelopment project. At least one of the neighbors who spoke in 2020 no longer resides there. If a new multifamily development plan comes forward, it will still be held to compatibility standards, and collaboration with any interested neighbors will be part of the process. Staff finds that the proposed removal of the condition is consistent with the WCAP. Yes Staff Analysis: Is the proposed rezoning “Warranted by Changed Conditions Within the Neighborhood Surrounding and Including the Subject Property”? The recent statute prohibiting any parking requirement for a new residential development plan on the property is a major changed condition. Staff does not know whether it would pertain retroactively to preempt the zoning condition, but regardless, it reflects significant evolution in thinking that has been happening since 2020. Relatedly, the City reduced multifamily parking requirements in another change since 2020. Another change has been the establishment of residential permit parking in the area which directly addresses the concerns of neighbors about street parking. Finally, the original neighborhood concerns were not mentioned at the meeting. Yes Packet Pg. 17 Planning and Zoning Commission Hearing - Agenda Item 2 REZ240001 | Fischer Rezoning Thursday, January 16, 2025 | Page 7 of 7 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings Staff finds that changed conditions warrant removal of the condition. Staff Analysis: “… Compatible with Existing and Proposed Uses… and Appropriate Zone District for the Land” This criterion involves permitted uses and does not pertain to the parking condition. NA Staff Analysis: “…Adverse Impacts on the Natural Environment…” Avoiding excess paving has positive impacts on the natural environment. NA Staff Analysis: “…a Logical and Orderly Development Pattern” The 2020 rezoning found that enabling multifamily redevelopment was consistent with a logical and orderly development pattern. Avoiding excess paving in the neighborhood is consistent with this criterion. Yes 5. Findings of Fact/Conclusion In evaluating the petition for Fischer Rezoning to rezone two properties at 1185 and 1201 Westward Drive to re- establish the OT-C, Old Town-High zone district without any condition, staff finds that the petition complies with the rezoning standards in Section 6.25.4 of the Land Use Code. 6. Recommendation Staff recommends that the Planning and Zoning Commission approve a motion to recommend that City Council approve the Fischer Rezoning, #REZ240001, based on the analysis and Findings of Fact in the Staff Report. 7. Attachments 1. Applicant Narrative 2. Neighborhood Meeting Notes 3. Map of the Rezoning 4. Legal Description 5. Staff presentation Packet Pg. 18 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Fischer Properties Rezone (1201 and 1185 Westward Drive) Project Narrative and Written Justification of Rezoning Request October 25, 2024 Background The applicant, Mr. Erik Fischer, is a long-time Fort Collins resident who has been actively working toward the redevelopment of his properties along Shields Street. Mr. Fischer spent his childhood at 1201 Westward Drive, and his sister continues to live and run her horses on the adjacent properties. The Fischer family has operated a law practice in downtown Fort Collins, serving the community for decades. The applicant has been involved in the development review process for several years, conducting multiple conceptual reviews (in 2019 and 2021) and successfully rezoning the 1201 and 1185 Westward Drive parcels in 2020 to the Neighborhood Conservation Buffer (N-C-B) Zone District. The 2020 Rezone of the subject parcels included one condition; that condition reads as follows: “Section 3. That the following condition be imposed upon the Fischer Rezoning: •Any development plan involving 1185 or 1201 Westward Drive, or both, for residential use must provide as least one parking space per bedroom.” This condition, which was offered by Mr. Erik Fischer throughout the 2020 rezone application, requires more space on-site to be dedicated to parking than what the 2020 Land Use Code (LUC) would require. Since the 2020 Rezone, two significant policy decisions have been adopted at the City and State level which further reduced the parking requirements for the subject properties, neighborhood, and Fort Collins community. Phase 1 of the Land Use Code (LUC) Update, approved by City Council on May 7th, 2024, reduced parking requirements for studio, one-bedroom, and two-bedroom units compared to what the previous Land Use Code required. Additionally, the Phase 1 LUC Update also rezoned the N-C-B parcels along Shields Street to the Old Town District, High (OT-C). During the same week that the new LUC update was adopted, Governor Polis signed HB24-1304, an act concerning minimum parking requirements for multifamily residential developments in applicable transit service areas. Due to these significant changes, the applicant is requesting to review the 2020 condition of approval so that future development will comply with the new state law. ITEM 2, ATTACHMENT 1 Packet Pg. 19 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Working with City of Fort Collins staff, it was determined that the only way to remove the recorded condition of the 2020 rezone is to bring forth a new rezoning application. If approved, Mr. Fischer will again go through the development review process (Project Development Plan, hearing, and Final Development Plan) to entitle a new viable residential project that is competitive with other residential projects in the community. Site, Vicinity, & Zoning The subject rezone properties are located along Westward drive between Shields and Del Mar Street in the Western Heights Subdivision. Historically, 1201 and 1185 Westward Drive were zoned as Low Density Residential (R-L) until the properties were rezoned to the Neighborhood Conservation Buffer District (N-C-B) in 2020. The parcels are presently zoned as Old Town District, High (OT-C) because of the 2024 Land Use Code Update. Single-family residential houses are on the properties. To the immediate south and east, Mr. Fischer owns other parcels that are zoned OT-C and are comprised of single-family residences. Immediately west of the 1201 Westward Drive parcel, single family detached residences exist in the Low-Density Residential District (RL). Many of these single-family residences are rental properties leased by university students. Mr. Fischer also owns a large vacant lot to the southwest of the subject parcels that is used as horse pasture. The relative location of the parcels adjacent to an arterial and transit corridor (Shields Street) makes them ideal candidates for redevelopment that would add to the housing diversity and choice in the area. Future residents will be within walking distance to employment opportunities and neighborhood centers (Shields and Prospect, and Elizabeth and Shields). The parcels are located within walking distance to the Elizabeth and Shields neighborhood center to the north (0.3 miles) and the Shields and Prospect neighborhood center to the south (0.4 miles). Colorado State University is also within walking distance to the east across Shields Street along with the Stadium (0.5 miles) and access to the Max (1 mile). The nearest transit stops are located along Shields Street (southbound 0.14 miles; northbound 0.2 miles). The nearest grocery store is King Soopers located at Elizabeth and Taft Hill (1.3 miles away); the grocery store is easily accessed via the 32-bus line. Multifamily development is located within close proximity, including Carriage House Apartments (0.1 miles south), multiple developments along University Avenue (0.2 miles northwest) and Union on Elizabeth (0.3 miles north). The following page shows the parcel’s proximity toward the built environment, other multifamily development, and Colorado State University. A zoning map is also provided. ITEM 2, ATTACHMENT 1 Packet Pg. 20 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Vicinity Diagram Zoning Map ITEM 2, ATTACHMENT 1 Packet Pg. 21 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Request for Rezoning 1201 and 1185 Westward Drive As proposed, 1201 and 1185 Westward Drive will retain the current zoning designation of Old Town District, High (OT-C). The rezoning application will remove the 2020 rezone condition related to residential parking requirements. This rezone application is justified in accordance with the following section of the Fort Collins Land Use Code: Fort Collins Land Use Code Section 6.25.4(H) (2) Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Commission 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. (3) In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Commission 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 significant 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; c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Justifications a) Consistent with the City’s Comprehensive Plan; and/ or Policy LIV 2.1 – Revitalization of underutilized properties Support the use of creative strategies to revitalize vacant, blighted or otherwise underutilized structures and buildings, including, but not limited to: o Voluntary consolidation and assemblage of properties to coordinate the redevelopment of blocks or segments of corridors where individual property configurations would otherwise limit redevelopment potential. ITEM 2, ATTACHMENT 1 Packet Pg. 22 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 Analysis: By removing the 2020 rezone condition, the applicant will be able to continue his pursuit of a creative consolidation of all properties so that the current underutilized single- family lots may redevelop in a viable manner that contributes toward housing supply. While the 2020 Rezone condition would allow for residential uses, excessive parking requirements will ensure that future development that includes 1201 and 1185 Westward Drive will prioritize parking. This does not position future development to align with the City’s need for Affordable Housing and a 15-minute City, particularly in an area with existing transit services and complementary land uses. With the removal of the 2020 rezone condition, future development can fully utilize the development potential for the properties associated with this rezone. Policy LIV 2.3 – Transit Oriented Development Require higher-density housing and mixed-use development in locations that are currently, or will be, served by BRT and/or high-frequency transit in the future as infill and redevelopment occurs. Promote a variety of housing options for all income levels. Analysis: As identified in the City Plan, “BRT and high-frequency service may be expanded along several key corridors where the future land use and density are expected to support transit.” A Frequent Peak (15min peak) Service is proposed along Shields Street where the site fronts it. City Plan also notes that, “high-frequency transit is only viable with supportive land use pattern such as mixed-use with higher-density residential, employment and services” (pg.25), and “policies support the conversion of vacant and underutilized properties to meet current and future needs to promote efficient use of infrastructure” (pg. 25). Additionally, State HB24-1304 relates directly to transit oriented development, and the presence of excessive parking requirements placed upon residential developments that limit compact, walkable development that ultimately requires additional vehicle ownership and vehicle miles traveled. Per the State Act, “Beginning June 30, 2025, a municipality shall neither enact nor enforce local laws that establish a minimum parking requirement that applies to a land use approval for a multifamily development… within the municipality, a metropolitan planning organization, and at least partially within an applicable transit service area.” The subject parcels of this rezone are within a transit service area as defined by the Department of Local Affairs and thus should embody a transit-oriented development. With a the removal of the 2020 condition, future development will ensure that existing BRT and high-frequency services will be utilized and support one another. Without the removal of the condition, any future development utilizing the parcels would be vehicle dependent and not align with the new state law. ITEM 2, ATTACHMENT 1 Packet Pg. 23 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 b) Warranted by changed conditions within the neighborhood surrounding and including the subject property. Multiple land use and housing legislation were enacted during the 2024 legislative calendar that have profound impacts to the Fort Collins community and parcels at 1201 and 1185 Westward Drive. One such act, HB24-1304 Minimum Parking Requirements, specifically concerns parking requirements within metropolitan planning organizations. The state legislation has concluded: o Residential developments frequently have more parking than is utilized, which adds to housing costs and encourages additional vehicle ownership and vehicle miles traveled. o Excessive parking requirements limit compact, walkable development by mandating additional space between uses, which then necessitates driving to reach most destinations. o Local government land use decisions that require a minimum amount of parking spaces increase the cost of new residential projects, which increase housing costs. o Off-street surfacing parking costs up to ten thousand dollars per space, and each space requires up to two and one-half times its square footage to accommodate. As a result, off-street surface parking requirements may also discourage developers from building new residential projects, or, if they do move forward with projects, force them to build fewer units than they otherwise could and recoup the excessive cost by increasing home prices and rents. To combat these concluded issues, HB24-1304 requires: On or after June 30, 2025, a municipality shall neither enact nor enforce local laws that establish a minimum parking requirements that applies to a land use approval for a multifamily residential development, adaptive re-use for residential purposes, or adaptive re-use mixed use purposes which include at least fifty percent of use of residential purposes that is within the municipality, a metropolitan planning organization and at least partially within an applicable transit service area. A map of transit service areas within applicable jurisdictions was published on September 30th, 2024, by the Colorado Department of Local Affairs; the image on the following page is from that map and shows the subject rezone parcels within transit service areas. ITEM 2, ATTACHMENT 1 Packet Pg. 24 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 The State Act to remove parking requirements within areas that have existing (and robust) transit infrastructure will represent a significant change to affected areas as redevelopment efforts will focus on housing as a defining factor rather than vehicles. If the 2020 residential parking condition is removed, future development that involves the 1201 and 1185 Westward Drive would follow state legislation and be able to provide additional housing opportunities within the defined transit service area (and neighborhood) directly west of CSU. Clearly, the degree of change to the neighborhood and community as a result of state-wide legislation warrants the approval of this rezone application and removal of the 2020 residential parking condition. Additional factors for consideration: 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; This factor for consideration is not applicable to the proposed rezoning application as the application requests that the zone district remains the same as it does today (OT-C). City Council and Staff have determined that the Old Town District, High is the appropriate zone district for these parcels with the approval of the Land Use Code Phase 1 Update on May 7th, 2024. Council has already determined that the uses within the OT-C district are compatible with the adjacent R-L district. No additional uses can be allowed than what the current zone district would allow. Future development plans will be reviewed by City staff at the Project Development Plan application phase for site specific compatibility and would be subject to a hearing for approval. ITEM 2, ATTACHMENT 1 Packet Pg. 25 MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES. o: 970.224.5828 | w: ripleydesigninc.com RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521 b) whether and the extent to which the proposed amendment would result in significant 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 site has previously been developed and the application requests that the zone district remains the same as it does today (OT-C). No additional uses can be allowed than what the current zone district would allow. No natural habitats and features exist on the parcels. Residential developments frequently have more parking than what is utilized, which encourages additional vehicle ownership and vehicle miles traveled. Fewer parking space requirements also translates to less impervious surfaces in the form of concrete or asphalt in parking lots. Less parking lot surface will translate to less pollutants in stormwater systems and greater amount of water infiltration. This will also help reduce the urban heat island effect on the subject properties with future redevelopment. The proposed amendment will not result in adverse impacts to the natural environment. c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. This factor for consideration is not applicable to the proposed rezoning application as the application requests that the zone district remains the same as it does today (OT-C). The property may develop in a logical and orderly development pattern with and without the requested rezone application. Conclusion To conclude, we are requesting a rezoning of these two properties so that the condition placed upon 1201 and 1185 Westward Drive by the 2020 rezoning effort can be removed, and the properties may redevelop in a manner that is not only financially viable but can carry out the vision of City Plan in a way that is beneficial to the Fort Collins community. Additionally, the removal of the 2020 rezone condition will align future development using the subject parcels with new state legislation. The change is consistent with the existing zoning and development pattern along Shields, will not result in adverse impacts to the natural environment, and will enable a logical and orderly development pattern. Thank you for your consideration in the rezoning of 1201 and 1185 Westward Drive; we look forward to exploring the opportunities that this rezoning will be able to provide. ITEM 2, ATTACHMENT 1 Packet Pg. 26 Development Review Center 281 North College Avenue PO Box 580 Fort Collins, CO 80522-0580 970-221-6750 fcgov.com/DevelopmentReview Fischer Properties Rezoning Neighborhood Meeting Notes September 23, 2024 These notes are a summary of the neighborhood meeting discussion and not a verbatim transcript. Most neighborhood meetings are recorded and posted on the City;s YouTube page: https://www.youtube.com/watch?v=5Vb4JKaMx_Q&list=PL7cZylpMlgCKqkcNsNCKAEevDf1P6r- Xk&index=45 Attendees City Staff: Clark Mapes, City Planner, cmapes@fcgov.com Em Myler, Neighborhood Development Liaison, emyler@fcgov.com Applicant Team: Joel Weikert, Ripley Design, Inc. Erik Fischer, owner. Public: One attendee online. Agenda 1.Purpose of the Meeting and Development Review Process – NDL and Planner Neighborhood Development Liaison Em Myler introduced the purpose of the meeting and how it fits into the process for prospective development in the City Notes. The City of Fort Collins knows that development can have a meaningful impact on neighbors who live, work and play nearby. Because of this, when someone wants to build something new in the city, we often require a neighborhood meeting. The purpose of the meeting is to give the public an opportunity to: •Learn about the project •Ask questions about the project •Share their feedback on the project Meeting discussion is intended to be considered by the development team as they decide whether and how to formulate an actual application for submittal to the City for review. The notes and recordings of neighborhood meetings are also provided to the decision maker at the end of the Development Review process. 2.Proposal Overview – Applicant The applicant presented their proposal. They explained their approach in detail, which is to develop a next generation of housing to replace five existing older houses. The owner has a lifelong history in the neighborhood, and regarding parking the intent is to redesign the development plan with an appropriate amount of asphalt in a way that does not burden the neighborhood with street parking. ITEM 2, ATTACHMENT 2 Packet Pg. 27 N e i g h b o r h o o d M e e t i n g N o t e s - P a g e | 2 3. Questions (Q), Responses (R), and Comments (C) - Responses are by the applicant unless otherwise noted C: I live right across the street from this development, and I am looking outside at a street with no cars on it. We do not have a shortage of parking in this neighborhood. I’m happy that this amendment is to reduce parking and not increase it. Q: Is the plan to fill some of that extra space with more housing or do you not know yet? Are you trying to get it amended and then figure out what to do afterwards? A: We would like to add to the number of single-family dwellings on the property, but we also need to make more space for stormwater detention. Q: This neighborhood is a mile from the nearest park. Could the space be used for a pocket park? A: The slopes in the area make that difficult, but we will certainly have a lot of vegetation and trees and space to enjoy nature. When the stormwater detention area isn’t full of water it will be a nice grassy area as well. C: I am here to support this project. I’m glad to see the state laws having the intended effect. 4. Next Steps and Adjourn - NDL ITEM 2, ATTACHMENT 2 Packet Pg. 28 ITEM 2, ATTACHMENT 3 Packet Pg. 29 DESCRIPTION OF REZONING AREA OT-C TO OT-C: Parcel 1: Lot 15, The Western Heights Subdivision, recorded at Reception No.701791, Larimer County Clerk and Recorder Parcel 2: Commencing at a point 29.6 feet South of the Northeast corner of the South Half (S1/2) of the South Half (S1/2) of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 15, Township 7 North of Range 69 West of the Sixth Principal Meridian; thence West 330 feet; thence South 90 feet; thence East 330 feet; thence North 90 feet to the point of beginning, EXCEPT that parcel as described in deed recorded June 9, 1989 at Reception No. 89025675, County of Larimer, State of Colorado ITEM 2, ATTACHMENT 4 Packet Pg. 30 Fischer Rezoning 2025 January 15, 2025Clark Mapes, City Planner 2 • 2020 Two house lots rezoned in fall 2020 to join larger NCB area • Note: ‘NCB’ since changed to ‘OT-C’ • Condition on that 2020 rezoning: 1 parking space per bedroom • Now, a request to remove that Condition from the zoning; rezoning is the way • No change to the zone district or zoning map Existing NCB Zoning RL Zoning Rezoning to NCB Sh i e l d s S t . Westward Dr. Springfield Dr. Bennet Rd. University Ave. CAMPUS WEST HMN MMNRezoning Request (Now OT-C) Additional NCB Parcels w/ Same Ownership for Assembly 2 1 2 ITEM 2, ATTACHMENT 5 Packet Pg. 31 3Overview of Main Considerations in Review 3 Prominent issues through two rounds of design and review with staff include: Change in Land Use Code and new State statute Neighborhood Meeting Residential Parking Permit Program on the street 4 • Consistent with the City’s Comprehensive Plan; and/or • Warranted by changed conditions within the neighborhood surrounding and including the subject property. Land Use Code Division 6.25 – Amendment to Zoning Map Required Findings for Rezoning 3 4 ITEM 2, ATTACHMENT 5 Packet Pg. 32 5 compatible with existing and proposed uses surrounding the land and is the appropriate zone district; any significant adverse impacts on the natural environment. a logical and orderly development pattern. Additional Considerations 6 City Plan West Central Area Plan Comprehensive Plan 5 6 ITEM 2, ATTACHMENT 5 Packet Pg. 33 7 City Plan: a pervasive theme Alternatives to dependence on private vehicle driving with policies that mention: • Transit, esp. around CSU ‘TDM’ • Parking pricing and management • Care share & bike share • New and emerging mobility options • Zero-vehicle households • Recalibrate incentives in the TOD area 7 8 West Central Area Plan 7 8 ITEM 2, ATTACHMENT 5 Packet Pg. 34 9 Changed Conditions • May 2024 Statute • May 2024 LUC Update • Parking Permit Program 10 Adverse Impacts on the Natural Environment • Avoiding Excess Paving 9 10 ITEM 2, ATTACHMENT 5 Packet Pg. 35 11 Logical and Orderly Development Pattern • Avoiding excess paving in the neighborhood 12 P&Z Commission recommend that City Council approve the Fischer Rezoning, #REZ240001, based on the analysis and Findings of Fact in the Staff Report Staff Recommendation 11 12 ITEM 2, ATTACHMENT 5 Packet Pg. 36 13 Incidental Background: Approved Plan 13 ITEM 2, ATTACHMENT 5 Packet Pg. 37