The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2021 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 6, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 089, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Northeast Frontage Road Annexation to the City Of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting Context Area Map. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the Northeast Frontage Road Annexation into the General Commercial (C-G) zone district and LC2 Lighting Context Area. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is CG, General Commercial, which conforms to the larger surrounding area. Context The surrounding zoning and land uses are as follows: North South East West Zoning General Commercial (C-G) General Commercial (C-G) General Commercial (C-G) General Commercial (C-G) Land Use Undeveloped Undeveloped Interstate 25 and undeveloped land Undeveloped City Plan (2019) The Structure Plan Map in City Plan provides a framework for the u ltimate buildout of Fort Collins. It focuses on the physical form and development pattern of the community, illustrating areas where new greenfield development, infill, and redevelopment are likely to occur, as well as the types of land uses and intensitie s to encourage. The Structure Plan: Agenda Item 13 Item # 13 Page 2 • Guides future growth and reinvestment and serves as the official Land Use Plan for the City; • Informs planning for infrastructure and services; • Fosters coordinated land use and transportation decisions within the city and region; and • Helps implement principles and policies. One of the most significant changes to the 2019 City Plan from the 2011 version is the use of “place types” on the Structure Plan Map (Attachment 3) to describe future development character rather than specific land use districts. “Place type” descriptions provide a set of visual and narrative criteria to describe the look, feel, and general character of a part of the community. Thirteen place types, describing three types of neighborhoods, eight districts, and two open lands categories, are depicted on the Structure Plan. The place type that is designated for this site is Suburban Mixed-Use District and is generally described as follows: • “Principally used for retail, restaurants, office and other commercial services. • A place supported by high-density residential, entertainment, childcare centers and other supportin g uses. Principal Land Use: Single-family detached homes. • Densities and building heights will vary; building heights will generally b e between one and five stories, but may be higher in some locations. • Key characteristics include walkable mixed-use districts that provide a range of retail and commercial services, as well as high-density residential. • An area supported by direct pedestria n and bicycle linkages to surrounding neighborhoods, as well as by [bus rapid transit] or high-frequency bus service.” The requested zoning (C-G) aligns with both the City’s Structure Plan Map designation and key characteristics described by the Suburban Mixed-Use place type. Northern Colorado I-25 Corridor Plan - Regional Communities (2001) and I-25 Subarea Plan (2003) The subject land area is contained within the I-25 Subarea Plan boundary. In 2001, the City adopted the Northern Colorado I-25 Corridor Plan in conjunction with Larimer County, Weld County, Town of Berthoud, Town of Timnath, Town of Johnstown, Town of Windsor, City of Loveland and the Colorado Department of Transportation. This joint planning effort encompassed an area of 60 square miles, measuring roughly one- mile on either side of I-25 for 32 miles. The basic elements of this Plan were for the jurisdictions to collaborate on a unified vision for the Corridor, particularly regarding the visual and physical community separation; retaining individual characteristics and identities; and addressing aspects of the built and natural environment. After adoption of the regional plan in 2001, the City followed up with its own I -25 Subarea Plan in 2003, covering the area along I-25 between Larimer County Road 54 (Richards Lake Road) and CR 32 (aka Carpenter Road and Colorado State Highway 392). (Attachment 2) One of the most pertinent findings of the Subarea Plan is that this area is designated as a Commercial Corridor and an Activity Center. The Plan states: “The Commercial Corridors classification is intended to provide for a wide range of community regional; retail uses, as well as offices, business and personal services... While this classification is typically the location for highway business and auto-related uses, it also presents opportunities over time to transform existing developed areas into mixed-use (including residential), multi-modal centers, concurring with the overall community vision for Fort Collins.” (p 24) According to the I-25 Subarea Plan Land Use Plan (p 26), the subject parcel is identified as Commercial Corridor. While the Commercial Corridor zone district is not a City zone district, the General Commercial district provides direct alignment with this designation, therefore, is consistent with Subarea Plan guidance. Agenda Item 13 Item # 13 Page 3 Zoning The proposed zoning for the subject annexation is C -G, General Commercial. This district is intended to be a setting for development, redevelopment and infill of a wide range of community and regional re tail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some General Commercial zone district areas may continue to meet the need for auto-related and other auto-oriented uses, it is the City’s intent that the General Commercial zone district emphasizes safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. Lighting Context Area On March 26, 2021, the City adopted a new exterior lighting standards and established Lighting Context Areas that correspond to the City’s zone districts. The corresponding district identified by Table 3.2.4 -1 of the City’s lighting code is LC2. As part of this item, staff recommends placement of the property into the LC2 Lighting Context Area. (Attachment 4) BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Commission voted 6-0 to recommend the placement of the property into the General Commercial (C-G) zone district and LC2 Lighting Context Area at its May 20, 2021, meeting. This unanimous action was taken as part of the Commission’s Discussion Agenda. (Attachment 5) PUBLIC OUTREACH Per Section 2.9(B), a neighborhood meeting is not required except that with respect to quasi-judicial map amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a proposal of known controversy and/or significant impacts. At the time of initial submittal, the project was not seen as controversial, however, through subsequent communication with the surrounding neighborhoods both staff and the applicant team determined that it would be appropriate. On June 14, 2021, staff hosted a meeting to allow the applicant to share additional information relate d to three concurrent projects being processed by the City (Annexation & Zoning, Rezoning, and Overall Development Plan Amendment). The meeting allowed community members an opportunity to list and discuss issues related to the area. Issues included: • The amounts and types of traffic generated by future development of the 115-acre site. • The need for traffic calming measures such as radar signs, speed tables, commercial truck restrictions, and bulb-outs. • Need for a park and future connectivity to the new Timnath Middle-High School at Prospect. • Difference in traffic quantities between Urban Estate zoning and Industrial zoning (80 vs 120 trips per day). • The need for a signalized Intersection at CR5 and E Mulberry to encourage a more equal distribution of traffic between arterial and collector streets. • Concerns about the frontage road being closed and the additional impacts it will have on cut -through traffic. • Types of development allowed in the Industrial zone district and ensuring compatibility of future development with Fox Grove to the north. ATTACHMENTS 1. Vicinity and Zoning Map (PDF) 2. I25 Subarea Land Use Plan (PDF) 3. Structure Plan Map (PDF) 4. Lighting Map (PDF) 5. Planning and Zoning Commission Minutes (draft) (PDF) 9,028 1,504.7 Northeast Frontage Road Annexation This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS 1,143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet1,143.00571.50 Notes Legend 6,859 Parcels City Zoning Community Commercial Community Commercial North College Community Commercial Poudre River General Commercial Limited Commercial Service Commercial CSU Downtown Employment Harmony Corridor Industrial High Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood Medium Density Mixed-Use Neighborhood Neighborhood Commercial Neighborhood Conservation Buffer Neighborhood Conservation Low Density Neighborhood Conservation Medium Density Public Open Lands River Conservation River Downtown Redevelopment Residential Foothills Low Density Residential Rural Lands District Transition Urban Estate SITE ATTACHMENT 1 9,028 1,504.7 Northeast Frontage Road Annexation This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS 1,143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet1,143.00571.50 Notes Legend 6,859 Growth Management Area City Limits Community Separator Adjacent Planning Area Structure Plan Adjacent Planning Area Campus District Community Separator Downtown District Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands R&D/Flex District Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District Urban Mixed Use District ATTACHMENT 3 9,028 1,504.7 Northeast Frontage Road Annexation This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS 1,143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet1,143.00571.50 Notes Legend 6,859 Growth Management Area City Limits Community Separator Adjacent Planning Area Structure Plan Adjacent Planning Area Campus District Community Separator Downtown District Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands R&D/Flex District Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District Urban Mixed Use District ATTACHMENT 3 SCOLLEGEAVEW HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDSTATE HIGHWAY 392 NU S HIG H WA Y 2 8 7 SLEMAY AVESTRAUSSCABINRDZIEGLERRDRIV E R SID EAVE S OVERLAND TRLN HOWESST9TH STW LAUREL ST E MOUNTAIN A V E W DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E VINE DR RICHARDS LAKE RD REMINGTONSTW MOUNTAIN AVE TURNBERRYRDE W ILLOX LN E TRILBY RDLANDINGSDRW PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G NCOLLEGEAVEW ELIZABETH S T NLEMAYAVEWCOUNTYROAD38EE COUNTY ROAD 50MOUNTAINVISTADR E HARMONY R DN TIMBERLINE RDBOA R D WALKD RTERRYLAKERDG R E G O R Y R D E HORSETOOTH RD KECHTER RDN SHIELDS STS COUNTY ROAD 5W HARMONY RD S HOWES STW DOUGLAS RD N OVERLANDTRLE COUNTY ROAD 36S MASON STMAIN STW TRILBY RD E DRAKE RD E SUNIGARD E LINCOLNAVE CARPE NTE R RD E TRO U T M A N P K W Y E COUNTY ROAD 30S US HIGHWAY 287S COUNTY ROAD 13E COUNTY ROAD 52 S COUNTY ROAD 11S S UMMIT V I E WD R S COUNTYROAD 7N COUNTY ROAD 17E COUNTY ROAD 48N COUNTYROAD 19N COUNTY ROAD 5NTAFTHILLRDE COUNTY ROAD 54 S COUNTY ROAD 19GIDDINGS RDN COUNTY ROAD 9S COUNTY ROAD 9Lighting Ordinance Planning - Draft Printed: February 04, 2021 Lighting Ordinance Context Areas - Draft City Limits - Outline Growth Management Area LC0 LC1 LC2 LC3 ATTACHMENT 4 Michelle Haefele, Chair Virtual Hearing Ted Shepard, Vice Chair City Council Chambers Jeff Hansen 300 Laporte Avenue Per Hogestad Fort Collins, Colorado David Katz Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion & 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 May 20, 2021 Chair Haefele called the meeting to order at 6:00 p.m. Roll Call: Haefele, Hansen, Hogestad, Katz, Schneider, Shepard Absent: None Discussion Agenda: 2. NE Prospect & I-25 Annexation and Zoning Project Description: This is a request for a 100% voluntary annexation of a former frontage road that was recently vacated by Colorado Department of Transportation (CDOT). The vacated 4-acre tract of land was dedicated to the adjacent property owner, who is now petitioning for annexation and zoning of the property. The adjacent properties have already been incorporated into the city. The requested zoning for this annexation is General Commercial (C-G). Recommendation: Approval Secretary Manno reported that there were no citizen emails or letter received. Staff and Applicant Presentations Planner Kleer gave a brief verbal/visual overview of this item. Rick White, property owner, commented that he did have two consultants present to answer any questions including traffic engineers, civil engineers, etc. A brief verbal/visual presentation was given at this time. During this presentation Rick, Roger Sherman and Ruth Rollins addressed the traffic frontage road concerns and traffic questions. Public Input (3 minutes per person) Planning and Zoning Commission Minutes ATTACHMENT 5 Planning & Zoning Commission May 20, 2021 Page 2 of 2 James Sayre liked Planner Kleer’s explanation of what will be happening with the f rontage road. He likes the options for the frontage road. He will wait for the meetings once development is in process. Attorney Yatabe commented that he believed that this item is being initiated by the property owner and wanted to know if the property owner would like to make a presentation. Josh Chapel, questions if he misunderstood the plan for the new frontage road to be Carriage Parkway, from Prospect through to 14. Is this the plan? Staff Response Planner Kleer responded to Josh Chapel that this is not necessarily the case. Carriage Parkway was always anticipated to be a collector street that would connect between Mulberry and Prospect. By coincidence, the frontage road being devolved just puts some additional pressure on Carriage Parkway a s a street to provide that former connectivity that frontage road did. As a result of the frontage road being devolved and no longer being used as a connection, it then does become that connection between Prospect. Commission Questions / Deliberation Commissioner Hogestad asked if there was a neighborhood meeting. Planner Kleer respond that there was not a neighborhood meeting as it was a house keeping item and not controversial. Vice Chair Shepard asked Planner Kleer to explain that there will be an alternative road network to serve future development in the area. Planner Kleer explained the Master Street Plan and what the connections will be in the future for this area. Commissioner Katz is thankful for the concerned citizens and that the Commission did not do a good job of explaining to the citizens that this is a rezone and an annexation and that there is going to be a development plan. He encourages citizens to come to the meetings then and that is when the details will be thoroughly gone over. Commissioner Haefele commented that the procedure went off the rails because of the moving parts involved with the intersection. She is glad to hear the concerns from the citizens. Vice Chair Shepard thanked Planner Kleer for his presentation and information on this item and asked for an explanation of what the memo involves and how this property became a remnant piece of property that was not included in the 2004 annexation. Planner Kleer responded as part of the 1991 annexation, an adjacent right-of-way to an annexed property would typically be required, During the 1991 annexation this 40 -acres was inadvertently excluded from the annexation. Prospect road was included as it should have been, but this portion was not. Vice Chair Shepard commented that this is a cleanup item, a survey glitch. He is confident that this is moving in the right direction. It is in the public interest that this survey glitch be remedied. Commissioner Schneider commented that this is a recommendation to Council. Commissioner Haefele thanked Commissioner Schneider for pointing that out. Chair Haefele commented that she agrees and that this is a tough thing as it is a step among many with an intersection of concern. She apologized for the discombobulation and confusion. Commissioner Hansen made a motion that the Fort Collins Planning and Zoning Commission recommend approval to City Council of the North East Frontage Road Annexation and Zoning ANX210001. This recommendation is based upon the agenda and materials, the information and materials presented during the work session and this hearing and the Commission discussion on this item. Th is complies with all applicable land use code procedures and requirements and the information, analysis, findings of fact and conclusions contained in the staff report included with the agenda materials for this hearing are adopted by this commission. Commissioner Schneider seconded with a friendly amendment that it is zoned general commercial to also include LC2 lighting and context area. Commissioner Hansen accepted the amendment. Vote 6:0 -1- ORDINANCE NO. 089, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE NORTHEAST FRONTAGE ROAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP AND THE LIGHTING CONTEXT AREA MAP WHEREAS, on July 20, 2021, the City Council adopted on second reading Ordinance No. 088, 2021, annexing to the City of Fort Collins the property known as the Northeast Frontage Road Annexation (the “Property”); and WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on May 20, 2021, unanimously recommended zoning the Property as General Commercial (C-G), as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the General Commercial (“C-G”) zone district the Property more particularly described as: -2- A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; -3- THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(M) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is not included in the Residential Neighborhood Sign District. Section 4. That the Lighting Context Area Map adopted pursuant to Section 3.2.4(H) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the LC2 Lighting Context Area. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 20th day of July, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk