HomeMy WebLinkAbout12/11/2014 - Planning And Zoning Board - Agenda - Regular Meeting (2)Jennifer Carpenter, Chair City Council Chambers
Kristin Kirkpatrick, Vice Chair City Hall West
Jeff Hansen 300 Laporte Avenue
Gerald Hart Fort Collins, Colorado
Emily Heinz
Michael Hobbs Cablecast on City Cable Channel 14
Jeffrey Schneider on the Comcast cable system
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
December 11, 2014
• ROLL CALL
• AGENDA REVIEW
• CITIZEN PARTICIPATION (30 minutes total for non-agenda and pending application topics)
• CONSENT AGENDA
1. Draft November 13, 2014, P&Z Minutes
• PULLED FROM CONSENT
• DISCUSSION AGENDA
2. Capstone Cottages Plan Amendment and Rezone, REZ#140002
PROJECT DESCRIPTION: This is a request that the East Mulberry Corridor Plan and City Structure Plan
Maps be amended to change the land use designation of approximately 12.7
acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from
Industrial to Medium Density Mixed-Use Neighborhood.
The Applicant’s proposal also involves a request to rezone 12.7 acres of land
from the Industrial District (I) to the Medium Density Mixed Use Neighborhood
District (M-M-N) and 0.070 acres of land from the M-M-N to the Industrial District
(See Attachment 1).
The requests are based on the Applicant’s proposal to develop a single-family
Planning and Zoning
Board Agenda
Planning and Zoning Board Page 1 December 11, 2014
1
residential project; the Project Development Plan for the proposed single-family
project is submitted concurrently.
APPLICANT: Linda Ripley
Ripley Design, Inc.
401 W. Mountain Ave.
Fort Collins, CO 80521
• OTHER BUSINESS
• ADJOURNMENT
City of Fort Collins Page 2
2
Agenda Item 1
STAFF REPORT December 11, 2014
Planning and Zoning Board
PROJECT NAME
DRAFT NOVEMBER 13, 2014, P&Z MINUTES
STAFF
Cindy Cosmas, Administrative Assistant
PROJECT INFORMATION
EXECUTIVE SUMMARY
ATTACHMENTS
1. November 13, 2014 Draft Minutes (DOC)
Item # 1 Page 1
3
Planning and Zoning Board Hearing Minutes
November 13, 2014
6:00 p.m.
Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich
Chair: Jennifer Carpenter Phone: (H) 231-1407
Chair Carpenter called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Kirkpatrick, Hansen, Hart, Hobbs, Heinz and Schneider
Absent: None.
Staff Present: Kadrich, Eckman, Gloss, Burnett, Shepard, Mounce, Siegmund, Wray, and Cosmas
Agenda Review
Chair Carpenter provided background on the board’s role and what the audience could expect as to the
order of business. She described the following processes:
• While the City staff provides comprehensive information about each project under consideration,
citizen input is valued and appreciated.
• The Board is here to listen to citizen comments. Each citizen may address the Board once for
each item.
• Decisions on development projects are based on judgment of compliance or non-compliance with
city Land Use Code.
• Should a citizen wish to address the Board on items other than what is on the agenda, time will
be allowed for that as well.
• This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure
that everyone who wishes to speak can be heard.
Director Kadrich reviewed the items on both the Consent and Discussion agendas and also explained
the consent/discussion procedure to the audience. She stated that the item that was previously on
Discussion, 2014 Fall Round of the Bi-Annual Revisions, Clarifications and Additions to the Land Use
Code, would be moved to the Consent agenda.
Public Input on Items Not on the Agenda:
None noted.
Consent Agenda:
1. Minutes from October 9, 2014, P&Z Hearing
2. Three-Mile Plan for the City of Ft. Collins 2014 Update
3. 2014 Fall Round of the Bi-Annual Revisions, Clarifications and Additions to the Land Use
Code
4
Planning & Zoning Board
November 13, 2014
Page 2
Public Input:
None noted.
Member Hart made a motion that the Planning and Zoning Board approve the November 13, 2014,
Consent agenda as presented, which includes the minutes from the October 9, 2014, Planning
and Zoning Board hearing, the Three-Mile Plan Update and the 2014 Fall Round of the Bi-Annual
Revisions, Clarifications and Additions to the Land Use Code. Member Hobbs seconded the
motion. Vote: 7:0.
Discussion Agenda:
No items remaining on the Discussion Agenda tonight.
Public Input
Chuck Tallent, 2200 N. Taft Hill Road, owner of the Umami Food Truck, stated his support for changing
the zoning to allow multiple food trucks in one location and changing the frequency of this procedure.
Other Business
2015 Planning and Zoning Board Work Plan
Member Hart made a motion to forward the 2015 Work Plan to the City Council with our
recommendation that the plan be implemented. Member Hansen seconded the motion. Vote: 7:0
The meeting was adjourned at 6:10pm.
Laurie Kadrich, CDNS Director Jennifer Carpenter, Chair
5
Agenda Item 2
STAFF REPORT December 11, 2014
Planning and Zoning Board
PROJECT NAME
CAPSTONE COTTAGES PLAN AMENDMENT AND REZONE, REZ#140002
STAFF
Pete Wray, Senior City Planner
PROJECT INFORMATION
PROJECT DESCRIPTION: This is a request that the East Mulberry Corridor Plan and City Structure Plan
Maps be amended to change the land use designation of approximately 12.7
acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from
Industrial to Medium Density Mixed-Use Neighborhood.
The Applicant’s proposal also involves a request to rezone 12.7 acres of land
from the Industrial District (I) to the Medium Density Mixed Use Neighborhood
District (M-M-N) and 0.070 acres of land from the M-M-N to the Industrial District
(See Attachment 1).
The requests are based on the Applicant’s proposal to develop a single-family
residential project; the Project Development Plan for the proposed single-family
project is submitted concurrently.
APPLICANT: Linda Ripley
Ripley Design, Inc.
401 W. Mountain Ave.
Fort Collins, CO 80521
OWNER: John Acken, Executive Vice-President (Petitioner)
Capstone Collegiate Communities
431 Office Park Drive
Birmingham, Alabama 35223
Tonia L. Niforos (Parcel 1)
P.O. Box 270303
Fort Collins, CO 80527
Nancy L. Keil, General Partner (Parcel 2)
Fort Collins Business Center One and Two
A Colorado General Partnership
7700 Park Ridge Circle
Fort Collins, CO 80528
Blake Feik, Executive Vice President (Parcel 3)
North Valley Bank
9001 North Washington Street
Thornton, CO 80229
Item # 2 Page 1
6
Agenda Item 2
RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a
recommendation of approval to the City Council to amend the East Mulberry
Corridor Plan and City Structure Plan Maps, and amend the Zoning Map in
accordance with the City’s Comprehensive Plan (City Plan) as requested.
EXECUTIVE SUMMARY
EXECUTIVE SUMMARY:
The request to amend the East Mulberry Corridor Plan and City Structure Plan Maps, both elements of City Plan
and referred to as the Plan Amendments, are needed in order to re-designate approximately 12.7 acres of land
from Industrial to Medium Density Mixed-Use Neighborhood (M-M-N) located adjacent to the existing M-M-N
parcel. Additional M-M-N designated land is necessary to create a site that is large enough to accommodate a
project that is consistent with City policies related to multi-family development, transitional land use, neighborhood
compatibility, and coordination of public street alignments. The proposed amendment to the City Structure Plan
Map is limited to a single element of City Plan and therefore constitutes a Minor Amendment.
The request for rezoning is less than 640 acres and, therefore, is considered quasi-judicial. The rezoning satisfies
the criteria of Section 2.9.4(H) in that the request is consistent with the East Mulberry Corridor Plan and the City
Structure Plan Maps and warranted by the changing conditions of the subject property and the surrounding area.
Three neighborhood meetings were held in February, July, and December, 2014 (See Attachment 2). The parcels
involved will continue to remain in the Residential Sign District.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Use
North Industrial (I) Vacant industrial land
Low Density Residential (R-L) Ex. Neighborhood Andersonville/San
Cristo/Via Lopez
South General Commercial (C) Mulberry/Lemay Crossing, Multi-Family
(Buffalo Run Apts.)
East Industrial (I) Existing industrial businesses
West Industrial (I) Existing industrial businesses
Project Vicinity Map:
Item # 2 Page 2
7
Agenda Item 2
Zoning History (most recent to past):
In 2003 the City initiated a re-zone for three parcels consisting of approximately 24 acres at the northeast corner of
Lincoln and Lemay from Industrial (I) to the Employment District (E) to bring the City Structure Plan map and
Zoning Map into conformance with the East Mulberry Corridor Plan that was adopted in 2002. The owner of
approximately 15.79 acres included in the staff’s request, and at the northeast corner thereof, requested that its
property be rezoned M-M-N rather than Employment (E). The Planning and Zoning Board agreed with the
property owner and voted to rezone the property at the corner from I to M-M-N, commenting that the site was
appropriate for M-M-N because of its accessibility and proximity to the Wal-Mart development, which effectively
acts as a neighborhood center. The City Council thereafter approved the rezoning to M-M-N.
In March of 1997, the City of Fort Collins implemented the newly adopted Comprehensive Plan called City Plan.
This implementation involved re-zoning the entire City into new zone districts with certain exceptions for developed
properties that were not anticipated to re-develop. The primary exception was existing neighborhoods which
retained their underlying pre-City Plan zone of R-L, Low Density Residential.
In 1994 the larger parcel consisting of 17.1 acres was annexed and zoned Industrial as part of the East Lincoln
Third Annexation.
Item # 2 Page 3
8
Agenda Item 2
In 1986, the two smaller parcels (East) were annexed and zoned Industrial as part of the Fort Collins Business
Center First Annexation.
2. Plan Amendments - City Plan and Related Elements:
City Plan Minor Amendment Process
City Plan and adopted subarea plans are the policy documents that shall be used to guide decision-making in Fort
Collins and its Growth Management Area. Revisions to City Plan and elements thereof shall be conducted
according to two distinct procedures: Comprehensive Updates and Minor Amendments. Comprehensive updates
to City Plan will take place every five (5) years, ideally in a concurrent process with the Transportation Master Plan
like the Plan Fort Collins effort.
A separate process shall be used to make Minor Amendments to City Plan and other adopted elements. Minor
Amendments may include revisions to one or a few sections of the plan as a result of adoption of subarea plans or
a specific issue, policy, or directive from City Council. Minor amendments may include changes to the City
Structure Plan Map as well as corrections to text or map errors. Amendment requests based on proposed
development projects that involve re-zonings may also be processed concurrently with re-zoning applications.
Requests shall be submitted to the City’s Planning Department at least 60 days prior to the hearing date for the
Planning and Zoning Board. The 60-day submittal requirement is necessary in order to permit adequate public
notice to be given and to allow adequate time to complete the background work for considering a plan amendment.
A plan amendment will be approved if the City Council makes specific findings that:
The existing City Plan and/or any related element thereof is in need of the proposed amendment, and
The proposed amendment will promote the public welfare and will be consistent with the vision, goals,
principles and policies of City Plan and the elements
thereof.
As part of the justification by the Applicant:
“The Applicant would like to develop a student-oriented housing development northeast of the intersection of
Lincoln and Lemay Avenues. Approximately 18.32 acres of land at the corner is currently zoned M-M-N. The
developable size of the original 18.32-acre site intended for multi-family development has been significantly
reduced because of changed conditions.”
“Additional M-M-N zoned land is necessary to create a site zoned M-M-N that is large enough to accommodate a
project that is both financially feasible and one that is consistent with City policies related to multi-family
development, transitional land use and neighborhood compatibility.”
Staff has assessed the proposed plan amendments and supports the change relating to the first City Plan criteria,
that there is a need for the amendments. The Plan Amendments are needed in order to re-designate
approximately 12.7 acres of land from Industrial to Medium Density Mixed-Use Neighborhood (M-M-N) located
adjacent to the existing M-M-N parcel. Additional M-M-N designated land through consolidation of parcels is
necessary to create a site that is large enough to accommodate a project that is consistent with City policies
related to multi-family development. The larger site will provide expanded transitional land use and buffers,
neighborhood compatibility, and coordination of public street alignments.
The existing Industrial parcels proposed to be changed are awkward in shape as a result of the original metes and
bounds property boundary configuration while in Larimer County. The Master Street Plan shows three public
streets bisecting these existing Industrial parcels including extensions of International Boulevard, Duff Street and
Webster Street. A larger consolidated property will enable the improved alignment and connections of public
streets in the area, under single ownership.
As part of the justification by the Applicant:
Item # 2 Page 4
9
Agenda Item 2
“The proposed Structure Plan Map amendment will allow a rezoning to the M-M-N zone and development of the
applicant’s proposed multi-family project that is consistent with and supported by City Plan Principles and Policies.
The net acreage of the existing M-M-N site is less than 14 acres, while approximately 20-25 acres is required to
develop a project that is consistent with City Policies related to multi-family development, transitional land use and
neighborhood compatibility. (See Planning Objectives - Attachment A). Allowing an increase in the size of the
existing M-M-N property northeast of the intersection of Lincoln and Lemay Avenues will provide a needed land
use transition between existing industrial development and existing single-family neighborhoods to the northwest.”
“The 12.7 acres proposed to be rezoned is intersected by International Boulevard, Duff Street and Webster Street
resulting in four small separate and odd shaped parcels that would be difficult to develop. Any potential loss of
employment opportunities associated with the existing industrial zoned land is more than off-set by Woodward
developing a new campus to the property located southwest of the Lincoln and Lemay intersection. It is anticipated
that Woodward will build 600,000 square feet of office and manufacturing space in four phases retaining and/or
creating between 1400 and 1700 primary jobs on the 101-acre former Links-n-Greens site.”
Staff has assessed the proposed plan amendments and concludes they also comply with the criteria for continuing
to promote the public welfare and will be consistent with the vision, principles and policies of City Plan and
elements thereof. The location and proposed increase in size of the M-M-N designation is adjacent to the existing
Mulberry/Lemay Crossing Shopping Center which includes a supermarket, transit facilities, employment and the
Poudre River. An expanded M-M-N designation will provide increased opportunity to establish a transition and link
between lower density neighborhoods and commercial, employment and industrial Districts. As mentioned above,
the proposed amendment will enable better coordination of planned alignment and connections of public streets in
the area.
Staff has also assessed how this proposed plan amendment and re-zoning will affect the available inventory of
vacant buildable Industrial lands within the Growth Management Area. A recent update of vacant and
redevelopment inventories shows:
Vacant Industrial Land - 865 acres
Industrial Redevelopment Areas (Airpark) - 254 Acres
Total Vacant & Redevelopment Industrial Areas - 1,119 acres
As part of the last City Plan update and 2010 Nelson Study the following findings were reported:
Projected industrial employment will remain stable through 2040 and could decrease slightly thereafter.
Fort Collins contains 12.8 million square feet of existing industrial space on 2,949 acres of land at an
average industrial land use floor are ratio of .08. Industrial floor area ratios in mature suburban markets
are typically around .15.
“We find that if the FAR for Fort Collins in 2060 were to be more in line with mature suburban areas, such
as FARs of 0.15 for industrial and 0.25 for retail and office/institutional, Fort Collins may not need to
expand its current supply of nonresidential land by much.”
“During the period 2010 to 2060, nearly all of Fort Collins’ nonresidential built stock will be replaced.” & “In
a growing area, redevelopment usually results in much higher land-intensity than that which it replaced.”
“Fort Collins has sufficient land to meet its nonresidential and much of its residential land use needs over
the next half century.”
The proposed net loss of approximately 12.7 acres of Industrial land is small compared to the overall inventory of
potential future Industrial land use.
3. Land Use Code Division 2.9 - Amendment to the Zoning Map:
Section 2.9.4 (H) (2) - Mandatory Requirements for Quasi-judicial Zonings or Rezonings:
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 Board or approved by
Item # 2 Page 5
10
Agenda Item 2
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.
Section 2.9.4(H)(2)(a) - Consistency with the Comprehensive Plan:
The City Structure Plan Map indicates the approximate 15.8-acre existing parcel and proposed amendment for the
approximate 12.7-acre parcel to be “Medium Density Mixed-Use Neighborhood.” According to the Land Use Code:
The Medium Density Mixed-Use Neighborhood District is intended to be a setting for concentrated housing within
easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other
moderate-intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods
will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying
pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured
to create an inviting and convenient living environment.
This District is intended to function together with surrounding low density neighborhoods (typically the L-M-N zone
district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone
districts to form an integral, town-like pattern of development, and not merely a series of individual development
projects in separate zone districts.
The City Structure Plan Map also indicates the approximate .07-acre parcel to be “Industrial.” According to the
Land Use Code:
The Industrial District is intended to provide a location for a variety of work processes and work places such as
manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and
industrial operations. The Industrial District also accommodates complementary and supporting uses such as
convenience shopping, child care centers and housing. While these Districts will be linked to the City's
transportation system for multiple modes of travel, some may emphasize efficient commercial trucking and rail
traffic as needed. Industrial and manufacturing processes used in this District may, by necessity, be
characteristically incompatible with residential uses.
The proposed rezoning is supported by and consistent with the City Structure Plan Map and the East Mulberry
Corridor Plan Map, both elements of City Plan.
Section 2.9.4(H)(2)(b) - Changed Conditions:
As part of the Applicant’s justification the following findings were identified:
In addition to being consistent with the City’s Comprehensive Plan, the proposed re-zoning is also warranted by
changed conditions within the neighborhood surrounding and including the subject property. The following changes
have occurred in the surrounding neighborhood that supports the proposed change from I to M-M-N:
The airport is no longer in operation. Concerns raised by City staff in the 2003 consideration of a rezoning
to M-M-N included concerns about locating residential areas too close to the airport. With the closure of
the airport, this concern is no longer an issue.
Woodward is building a new campus on the 101-acre Links-n-Greens site at the southwest corner of the
Lincoln and Lemay intersection. The City specifically added light industrial and heavy industrial uses to the
zoning for the site to accommodate Woodward’s new office/manufacturing campus that is anticipated to
retain and/or create between 1400 and 1700 primary jobs. The loss of 12.7 acres of I-zoned property is
more than offset by the increase in industrial uses and jobs realized by the Woodward project.
The Master Street Plan alignment of streets in the area will require several acres of the subject property to
be dedicated as right-of-way, leaving only very small and odd shaped parcels of I-zoned land which would
be very difficult to develop as industrial uses generating employment. Street alignments proposed on the
Item # 2 Page 6
11
Agenda Item 2
Master Street Plan reduce the amount of existing M-M-N property. Lemay Avenue is proposed to swing to
the east to go around the east side of the San Cristo/Andersonville neighborhood when the future
Vine/Lemay overpass is constructed. Lincoln Avenue as shown on the Master Street Plan swings to the
north connecting to the future International Boulevard. The design of the Lincoln Avenue/International
Boulevard intersection has not been determined; however, if the ultimate design includes a swing to the
north (as indicated in the MSP) or a round-about, either solution would further reduce the M-M-N site. On
the north side of the property, the future Duff Drive aligning with Buckingham Street to the west will also
affect the M-M-N site, cutting off a corner of the M-M-N site and adding a tract of land south of Duff Drive
that is zoned I.
A portion of the original 18.32-acre M-M-N site (2 acres) has already been developed as the Bank of
Colorado.
The net acreage currently available in the M-M-N zone for development of a multi-family project has been
reduced to less than 14 acres by the future street alignments and adjacent development.
Proposed pedestrian/streetscape improvements along Lincoln Avenue between the Lincoln Avenue/Lemay
Avenue intersection and Riverside Avenue support a residential project at this location by providing
convenient and safe access to Downtown utilizing alternative modes of travel.
The Mulberry and Lemay Crossings shopping center to the south provides a variety of goods and services
including groceries. The commercial center functions like a neighborhood center, making medium density
residential a land use transition that is well supported by City policies.
The Applicant has only recently been able to assemble adjacent properties in order to create an adequate
size parcel for multi-family development of the type that would be supported by City Plan and the City’s
Land Use Code.
The assemblage of the various parcels and integration of the MSP streets will now allow for a mid-block
land use change per City Plan Policy LIV 38.3.
The 0.070 acres of land to be rezoned from the Medium Density Mixed Use Neighborhood District (M-M-N) to the
Industrial District (I) is the result of the alignment of Duff Drive (shown on the MSP) that cuts off a triangle of land
that would be more appropriately zoned I-Industrial to be consistent with I-Industrial zoned parcels adjacent to the
street right-of-way.
In review of the proposed rezoning, staff acknowledges conditions have changed in the area surrounding this
property and on site. The Woodward Technology Campus is under construction to the west for light industrial
uses, adding a significant employment base for the community. The demand for new housing in this area is high.
Colorado State University continues plans to expand student enrollment, resulting in a need for new student
housing on and off campus. Consolidation of parcels under single ownership will provide additional opportunity to
better coordinate an expanded M-M-N development with adjacent land uses, consistent with City Plan. The Master
Street Plan identifies a curved Minor Arterial Street alignment connecting International Boulevard to East Lincoln
Avenue. An alternative intersection design is being considered which may include a roundabout configuration. An
opportunity also exists to better coordinate alignment and connections of other public streets in the area.
Section 2.9.4(H)(3)(a) - Compatibility:
The parcel is at the intersection of two arterial streets including Lemay Avenue and Lincoln Avenue. To the west is
the existing Bank of Colorado and Industrial uses including Fort Collins Brewery. To the north are vacant Industrial
lands and existing Andersonville/San Cristo and Via Lopez neighborhood. To the east are existing Industrial
businesses. And to the south are the Buffalo Run Apartments and Mulberry/Lemay Crossing Commercial Center.
The combined 28.5 acres of M-M-N will act as a transition between the more intense land uses associated with the
arterial streets and the existing low density residential neighborhood to the north. The proposed zoning, also
allows for an effective transition for the existing Industrial uses to the east.
Item # 2 Page 7
12
Agenda Item 2
The proposed rezoning of the road right-of-way from M-M-N to Industrial will result in its zoning being the same as
the zoning of the adjacent parcels and is therefore appropriate.
Section 2.9.4(H)(3)(b) - Impacts on Natural Environment:
The rezoning will not have an adverse impact on the natural environment. The sites proposed to be rezoned have
a few, small isolated pockets of wetlands and no significant wildlife habitats. Any new development that includes
natural areas determined to be valuable would need to be preserved or mitigated regardless of whether of the
property is zoned M-M-N or Industrial per Section 3.4.1.
Section 2.9.4(H)(3)(c) - Logical and Orderly Development Pattern:
It is entirely consistent with City Plan to have an M-M-N District next to an R-L District, General Commercial District
and Industrial District. M-M-N zoning allows for a mix of land uses that are complementary to surrounding uses
and supports transit. The rezoning to a slightly larger M-M-N area allows for improved coordination of planned
public streets and ability to establish a transition between higher intensity uses and lower intensity uses.
Rezoning the parcels to from Industrial to M-M-N, including M-M-N to Industrial would be consistent with a logical
and orderly development pattern.
4. Neighborhood Information Meeting:
Three neighborhood meetings were held on February 25, July 24, and December 10, 2014. A summary of the 3rd
Neighborhood Meeting will be distributed under separate cover prior to the Hearing. Examples of concerns
expressed at the meetings included increased traffic and other development impacts, compatibility for existing
neighborhoods, safety and street connectivity and access (See Attachment 2).
5. Findings of Fact/Conclusion:
In evaluating the request for the Plan Amendments to the City Structure Plan and East Mulberry Corridor Plan
Maps, and associated Rezoning, Staff makes the following findings of fact:
A. The existing City Plan and/or any related element thereof are in need of the proposed amendment.
This is because the Plan Amendments are needed in order to re-designate approximately 12.7 acres
of land from Industrial to Medium Density Mixed-Use Neighborhood (M-M-N) located adjacent to the
existing M-M-N parcel. Additional M-M-N designated land through consolidation of parcels is
necessary to create a site that is large enough to accommodate a project that is consistent with City
policies related to multi-family development. The larger site will provide expanded transitional land use
and buffers, neighborhood compatibility, and coordination of public street alignments under single
ownership.
B. The proposed amendment will promote the public welfare and will be consistent with the vision, goals,
principles and policies of City Plan and the elements thereof. This is because the location and
proposed increase in size of the M-M-N designation is adjacent to the existing Mulberry/Lemay
Crossing Shopping Center which includes a supermarket, transit facilities, employment and the Poudre
River. Thus the intent if the M-M-N designation is maintained. An expanded M-M-N designation will
provide increased opportunity to establish a transition and link between lower density neighborhoods,
commercial, employment and industrial uses. As mentioned above, the proposed amendment will
enable better coordination of planned alignment and connections of public streets in the area.
C. The Request for a City Plan Minor Amendment was submitted on May 7, 2014, well ahead of the sixty
day minimum requirement prior to the Planning and Zoning Board Hearing.
D. The rezoning request is less than 640 acres and, therefore, is considered quasi-judicial and therefore
all required notifications have been satisfied.
E. The rezoning satisfies the criteria of Section 2.9.4(H) in that the request is consistent with the City
Item # 2 Page 8
13
Agenda Item 2
Structure Plan and the East Mulberry Corridor Plan Maps, both an element of City Plan.
F. The rezoning is warranted by the change in conditions in the area and subject property. This is
because the Woodward Technology Campus is under construction to the west for light industrial uses,
adding a significant employment base for the community. The demand for new housing in this area is
high. Colorado State University continues plans to expand student enrollment, resulting in a need for
new student housing on and off campus. Consolidation of parcels under single ownership will provide
additional opportunity to better coordinate an expanded M-M-N development with adjacent land uses,
consistent with City Plan. The Master Street Plan identifies a curved Minor Arterial Street alignment
connecting International Boulevard to East Lincoln Avenue. An alternative intersection design is being
considered which may include a roundabout configuration. An opportunity also exists to better
coordinate alignment and connections of other public streets in the area.
G. Three neighborhood meetings were held on February 25, July 24, and December 10, 2014. The land
uses, residential density and character of M-M-N development are generally found to be compatible
with the surrounding area. Proposed arterial street alignments and connections are still in the process
of being designed, consistent with the City Structure Plan and Master Street Plan Maps.
H. The rezoning would not have an adverse impact on any natural habitats or features and the rezoning
would result in a logical and orderly development pattern.
I. The parcels involved with the proposed rezoning will continue to remain in the Residential Sign District.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation of approval of the Capstone
Cottages Plan Amendment and Rezone, REZ#140002.
ATTACHMENTS
1. Capstone Cottages - Applicant Request for Rezone (PDF)
2. Capstone Cottages - Summary of Neighborhood Meetings (PDF)
Item # 2 Page 9
14
land planning landscape architecture urban design entitlement
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
December 1, 2014
Capstone Cottages
Requests for Structure Plan Map Amendment and Rezoning
The Applicant, Capstone Collegiate Communities, requests that the City Structure Plan Map be amended
to change the designation of approximately 12.7 acres of land northwest of the Lincoln Avenue/Lemay
Avenue intersection from Industrial to Medium Density Mixed Use Neighborhood. The proposed
amendment is limited to a single element of City Plan and therefore constitutes a Minor Amendment. The
request is based on the Applicant’s proposal to develop a multi-family residential project; the PDP for the
proposed multi-family project is submitted concurrently.
The Applicant’s proposal also involves a request to rezone 12.7 acres of land from the Industrial District
(I) to the Medium Density Mixed Use Neighborhood District (M-M-N) and 0.070 acres of land from the
Medium Density Mixed Use Neighborhood District (M-M-N) to the Industrial District (I), both to be
processed concurrently with the City Structure Plan Map amendment.
Reason for Requests
The Applicant would like to develop a student-oriented housing development northeast of the intersection
of Lincoln and Lemay Avenues. Approximately 18.32 acres of land at the corner is currently zoned M-M-
N. The developable size of the original 18.32-acre site intended for multi-family development has been
significantly reduced because of changed conditions
Additional M-M-N zoned land is necessary to create a site zoned M-M-N that is large enough to
accommodate a project that is both financially feasible and one that is consistent with City policies related
to student-oriented housing development, transitional land use and neighborhood compatibility.
Background
In 2003 the City staff proposed to re-zone three parcels at the northeast corner of Lincoln and Lemay
from I to the Employment District (E) to bring the City’s Structure Plan map and Zoning Map into
conformance with the East Mulberry Corridor Plan that was adopted in 2002. The East Mulberry Corridor
Plan designated the area for Employment uses in order to create a transition between the existing I-
zoned land north and east of the parcels and new development to the west.
The owner of approximately 15.79 acres included in the staff’s request and at the northeast corner thereof
requested that its property be zoned M-M-N rather than Employment (E). City staff indicated that both the
M-M-N and the E zones would create an appropriate land use transition, but that E had been chosen over
M-M-N because of the area’s proximity to the airport. Ultimately the Planning and Zoning Board agreed
with the property owner and voted to rezone the property at the corner from I to M-M-N, commenting that
the site was appropriate for M-M-N because of its accessibility and proximity to the Wal-Mart
development, which effectively acts as a neighborhood center. The City Council thereafter approved the
rezoning to M-M-N. The airport has since discontinued operations.
15
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 2 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
The City Structure Plan and the East Mulberry Corridor Plan were subsequently amended to designate
the property northeast of the intersection of Lincoln and Lemay Avenues as Medium Density Mixed Use
and Medium Density Residential, respectively.
16
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 3 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
Request for:
Minor Amendment of the City’s Structure Plan Map
The process and criteria that is used by City Council to evaluate a Structure Plan Map Amendment is as
follows:
Amendment requests based on proposed development projects that involve re-zonings may also
be processed concurrently with re-zoning applications. Amendments initiated by City Council,
City staff, boards and commissions, and annexations and initial zoning, may be processed at any
time. Requests shall be submitted to the City’s Advance Planning Department at least 60 days
prior to the hearing date for the Planning and Zoning Board. The 60-day submittal requirement
is necessary in order to permit adequate public notice to be given and to allow adequate time to
complete the background work for considering a plan amendment. A plan amendment will be
approved if the City Council makes specific findings that:
The existing City Plan and/or any related element thereof is in need of the proposed
amendment,
In 2002 when the Structure Plan was amended to allow the property on the corner to be zoned MMN, it
was recognized that the area around the Lincoln/Lemay Intersection was undergoing change and
becoming more urbanized. The Mulberry and Lemay Crossings shopping center was in operation and a
new multi-family development (Buffalo Run Apartments) was developed adjacent to it on the north side.
The Structure Plan Amendment and associated re-zoning was done to create a land use transition
between existing industrial development and new urban development anticipated to the west.
The revitalization of the area has continued with Woodward moving its campus to the 101-acre Links-n-
Greens site south west of the intersection, new businesses locating along Lincoln Avenue and the
proposed Lincoln Avenue streetscape improvements.
The logic of creating a transitional land use remains the same as it was in 2002; however, the reality is
that the existing M-M-N site of less than 14 net acres is too small to accommodate the development of a
student-oriented housing project that successfully achieves the objectives of City Plan.
The Applicant’s PDP application for Capstone Cottages, submitted concurrently, proposes cottage-style
student-oriented housing. This means small-scale, single-family and attached single-family units that are
rented to 3-5 unrelated people. In addition to the cottages, the project will also feature three-story, 4-
bedroom townhome units located to the interior of the site. The project will be marketed to students but
may also include tenants who are not attending college. The housing project will provide needed rental
units for the growing student population in Fort Collins within a managed setting with recreational
opportunities on-site. The low-profile design of the project allows it to easily blend with nearby single
family housing and is a good design fit for the neighborhood.
The Structure Plan Map needs to be amended in order to re-designate approximately 12.7 acres of land
located adjacent to the existing M-M-N parcel. The resulting larger M-M-N site will be able to
accommodate the proposed student housing project and create an appropriate mid-block land use
transition between industrial development and single-family neighborhoods. A larger site is necessary in
order to create a project that is sensitive to neighborhood compatibility by providing small scale buildings,
lower building heights, on-site management, on-site recreation, open space, water quality treatment and
detention areas.
17
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 4 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
The proposed amendment will promote the public welfare and will be consistent with the
vision, goals, principles and policies of City Plan and the elements thereof.
The proposed Structure Plan Map amendment will allow a rezoning to the M-M-N zone and development
of the applicant’s proposed multi-family project that is consistent with and supported by City Plan
Principles and Policies. The net acreage of the existing M-M-N site is less than 14 acres, while
approximately 20-25 acres is required to develop a project that is consistent with City Policies related to
student housing, transitional land use and neighborhood compatibility. (See Planning Objectives -
Attachment A). Allowing an increase in the size of the existing M-M-N property northeast of the
intersection of Lincoln and Lemay Avenues will provide a needed land use transition between existing
industrial development and existing single-family neighborhoods to the northwest.
The 12.7 acres proposed to be rezoned is intersected by International Boulevard, Duff Street and
Webster Street resulting in four small separate and odd shaped parcels that would be difficult to develop.
Any potential loss of employment opportunities associated with the existing industrial zoned land is more
than off-set by Woodward moving its campus to the property located southwest of the Lincoln and Lemay
intersection. It is anticipated that Woodward will build 600,000 square feet of office and manufacturing
space in four phases retaining and/or creating between 1400 and 1700 primary jobs on the 101-acre
Links-n-Greens site.
18
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 5 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
Capstone Cottages
Request for Re-zoning
In conjunction with the Applicant’s request for an Amendment to the City’s Structure Plan Map, the
applicant is also requesting a rezoning of 12.7 acres from Industrial-I to Medium Density Mixed-Use
Neighborhood District (M-M-N) and rezoning of 0.070 acres of future road right-of-way from the Medium
Density Mixed Use Neighborhood District (M-M-N) to the Industrial District (I).
Criteria
The City’s Land Use Code outlines the process and the criteria that the decision-makers shall use in
approving or denying re-zoning requests. Criteria are listed below in italic with a narrative following.
(2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. 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 Board
or approved by the City Council only if the proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
The proposed rezoning of 12.7 acres will create a larger M-M-N zoned site (22.9 net acres) that will be
able to accommodate the development of a student housing project that is financially feasible, and
consistent with City Plan policies regarding medium density residential development, transitional land use
and neighborhood compatibility. The proposed cottage-style student-oriented housing project, for
example, is consistent with and supported by many City Plan Principles and Policies (see Planning
Objectives - Attachment A).
The rezoning of the small piece of road right-of-way to I, consistent with the zoning of the adjacent
property, is consistent with City policies regarding logical and orderly development and its practices
regarding the zoning of rights-of-way.
(b) warranted by changed conditions within the neighborhood surrounding and including the
subject property.
In addition to being consistent with the City’s Comprehensive Plan, the proposed re-zoning is also
warranted by changed conditions within the neighborhood surrounding and including the subject property.
The following changes have occurred in the surrounding neighborhood that support the proposed change
from I to M-M-N.
The airport is no longer in operation. Concerns raised by City staff in the 2003 consideration of a
rezoning to M-M-N included concerns about locating residential areas too close to the airport.
With the closure of the airport, this concern is no longer an issue.
19
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 6 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
Woodward is building a new campus on the 101-acre Links-n-Greens site at the southwest corner
of the Lincoln and Lemay intersection. The City specifically added light industrial and heavy
industrial uses to the zoning for the site to accommodate Woodward’s new office/manufacturing
campus that is anticipated to retain and/or create between 1400 and 1700 primary jobs. The loss
of 12.7 acres of I-zoned property is more than offset by the increase in industrial uses and jobs
realized by the Woodward project.
The Master Street Plan alignment of streets in the area will require several acres of the subject
property to be dedicated as right-of-way, leaving only very small and odd shaped parcels of I-
zoned land which would be very difficult to develop as industrial uses generating employment.
Street alignments proposed on the Master Street Plan reduce the amount of existing M-M-N
property. Lemay Avenue is proposed to swing to the east to go around the east side of the San
Cristo/Andersonville neighborhood when the future Vine/Lemay overpass is constructed. Lincoln
Avenue as shown on the Master Street Plan swings to the north connecting to the future
International Boulevard. The design of the Lincoln Avenue/International Boulevard intersection
has not been determined; however, if the ultimate design includes a swing to the north (as
indicated in the MSP) or a round-about, either solution would further reduce the M-M-N site. On
the north side of the property, the future Duff Drive aligning with Buckingham Street to the west
will also affect the M-M-N site, cutting off a corner of the M-M-N site and adding a tract of land
south of Duff Drive that is zoned I.
A portion of the original 18.32-acre M-M-N site (2 acres) has already been developed as the Bank
of Colorado.
The net acreage currently available in the M-M-N zone for development of a medium density
residential project has been reduced to less than 14 acres by the future street alignments and
adjacent development.
Proposed pedestrian/streetscape improvements along Lincoln Avenue between the Lincoln
Avenue/Lemay Avenue intersection and Riverside Avenue support a residential project at this
location by providing convenient and safe access to Downtown utilizing alternative modes of
travel.
The Mulberry and Lemay Crossings shopping center to the south provides a variety of goods and
services including groceries. The commercial center functions like a neighborhood center,
making medium density residential a land use transition that is well supported by City policies.
The Applicant has only recently been able to assemble adjacent properties in order to create an
adequate size parcel for a student housing project that would be supported by City Plan and the
City’s Land Use Code.
The assemblage of the various parcels and integration of the MSP streets will now allow for a
mid-block land use change per City Plan Policy LIV 38.3.
The 0.070 acres of land to be rezoned from the Medium Density Mixed Use Neighborhood District (M-M-
N) to the Industrial District (I) is the result of the alignment of Duff Drive (shown on the MSP) that cuts off
a triangle of land that would be more appropriately zoned I-Industrial to be consistent with I-Industrial
zoned parcels adjacent to the street right-of-way.
(3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether
to recommend approval of any such proposed amendment, the Planning and Zoning Board and
City Council may consider the following additional factors:
(a) whether and the extent to which the proposed amendment is compatible with existing and
proposed uses surrounding the subject land and is the appropriate zone district for the land;
The proposed rezoning from I to M-M-N will enlarge the existing M-M-N zoned site so that it can be
successfully developed and provide a transitional land use between existing industrial development and
single-family neighborhoods located to the northwest. At the same time, it provides a transition from the
20
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 7 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
community commercial development to the south and the neighborhoods to the northwest. City Plan’s
Principle LIV 29 regarding M-M-N neighborhoods establishes that the zone district should be used as a
transition and link between lower density neighborhoods and commercial or employment districts. In this
case the M-M-N zoning does both.
The proposed rezoning will further allow for a mix of housing types in the neighborhood and also allows
for a transition of residential density from the higher density Buffalo Run Apartments to a project with
smaller buildings, single-family and two-family dwellings, closer to lower density neighborhoods located to
the northwest. Compatibility with the lower density neighborhoods to the northwest is achieved by the
placement of smaller-scale, single-family like units on the perimeter of the property and by using
architectural styles and design features that mimic single family neighborhoods.
The proposed rezoning of the road right-of-way from M-M-N to I will result in its zoning being the same as
the zoning of the adjacent parcels and is therefore appropriate.
(b) whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment, including but not limited to water, air, noise,
stormwater management, wildlife, vegetation, wetlands and the natural functioning of the
environment;
The proposed rezoning from I to M-M-N would not have adverse impacts on the natural environment. The
sites proposed to be rezoned have a few, small isolated pockets of wetlands and no significant wildlife
habitats. Per the City’s Land Use Code any natural areas on the site determined to be valuable would
need to be preserved or mitigated regardless of whether the property is zoned M-M-N or I. Likewise the
rezoning will not result in significant adverse impacts on any other components of the natural environment
including the air, noise, and/or stormwater management; any potential impacts will be addressed in
accordance with the Land Use Code which applies to both zoning districts.
In addition, approval of the rezoning and development of the project as proposed would include the
planting of over 800 new trees and other plant material on the now vacant site that would provide habitat
for insects and song birds as well as other urban adaptive species making the site more ecologically
diverse than it is today. Finally, storm water management would meet the City’s Low Impact
Development (LID) standards and improve the quality of storm water run-off.
The rezoning of the road right-of-way from M-M-N to I will not result in any 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.
The rezoning from I to M-M-N would allow the development of a medium density residential project at an
appropriate location. City policies promote the development of medium density residential communities
where the residents will have easy access to employment opportunities, shopping and recreational
opportunities. The site that is proposed to be re-zoned from I to M-M-N is located near employment
opportunities. Woodward is developing their office/manufacturing campus at the southwest corner of the
intersection of Lincoln and Lemay Avenues. The Mulberry and Lemay Crossings commercial center
located less than a quarter of a mile to the south provides needed goods and services as well as
employment opportunities. The site is located approximately one half mile from Buckingham Park and
less than a mile from the Poudre River bike trail, which provides access to other parks and natural areas.
21
Capstone Cottages PDP
Request for Structure Plan Map Amendment and Re-zoning
May 7, 2014
Page 8 of 8
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
M-M-N zoning at this key site provides an orderly land use transition both from the east and from the
south. The M-M-N zoning creates a buffer between existing industrial uses and the single family
neighborhoods located to the north (San Cristo/Andersonville and Alta Vista). The proposed re-zoning
will allow the land use transition from industrial to residential to be made at a mid-block location (east of
International Boulevard) which is supported by City Policy LIV 38.3 –Land Use Transitions. A logical and
orderly transition would also be created from south to north. The Wal-Mart commercial center is adjacent
to a relatively high density multi-family project, Buffalo Run Apartments at 16.78 dwelling units per acre.
The area proposed to be rezoned is located between Buffalo Run and single family neighborhoods to the
north (San Cristo/Andersonville and Alta Vista). The proposed project associated with the re-zoning
request, Capstone Cottages, at 7.5 dwelling units to the acre, would provide a transition in residential
density from Buffalo Run to single family areas located to the north.
The rezoning of the future road right-of-way from M-M-N to I is logical and consistent with City practices to
have consistency with the zoning of the adjacent parcels.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42