HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/2021 - SECOND READING OF ORDINANCE NO. 090, 2021 AMENDING Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 20, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 090, 2021 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for That Certain Property Known as the Northeast Prospect & I-25
Rezoning and Making Corresponding Changes to the Lighting Context Area Map and Residential
Neighborhood Sign District Map.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 6, 2021, rezones 4.265-acres in the northeast
quadrant of the I-25 and East Prospect Road interchange (parcel # 8715000009). The site is currently zoned
Urban Estate (UE) and the request is for placement into the Industrial (I) zone district.
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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF)
2. Ordinance No. 090, 2021 (PDF)
Agenda Item 14
Item # 14 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. 090, 2021 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the Northeast Prospect & I-
25 Rezoning and Making Corresponding Changes to the Lighting Context Area Map and Residential
Neighborhood Sign District Map.
EXECUTIVE SUMMARY
The purpose of this item is to rezone 4.265-acres in the northeast quadrant of the I-25 and East Prospect Road
interchange (parcel # 8715000009). The site is currently zoned Urban Estate (UE) and the request is for
placement into the Industrial (I) zone district.
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
This item is related to a development application being submitted for an Overall Development Plan (ODP) on a
115-acre parcel of vacant land located at the northeast quadrant of I-25 and East Prospect Road.
Both the rezoning and the ODP are designed to facilitate a future industrial development project on the subject
115-acre site. The request to rezone the subject property complies with the standards and criteria of the Land
Use Code Section 2.9(H).
The surrounding zoning and land uses are as follows:
North South East West
Zoning Fox Grove, Low Density
Mixed-Use
Neighborhood (L-M-N)
Urban Estate (U-E) and
Industrial (I)
Urban Estate (U-E)
and Kitchell Estates,
County R-2 zoning
Industrial (I)
Land
Use
Single-family detached Undeveloped Undeveloped; Single-
family detached
residential (County)
Undeveloped
ATTACHMENT 1
Agenda Item 14
Item # 14 Page 2
The subject property was annexed into the City of Fort Collins as part of the Galatia Annexation in 1991. Under
prior zoning law in 1991, the property was placed into the Highway Business (H-B) district, Industrial Park (I-P)
district, and Low Density Planned Residential (RLP) zone district (Attachment 6)
In 1997, the City adopted City Plan, created new zone districts, and implemented a city-wide rezoning that
changed the zone districts respectively to General Commercial, Industrial, and Urban Estate. Since that time,
conditions in the area have changed significantly and include:
Development of the Poudre School District Site.
Sale of 12-acres of land to Poudre School District.
Construction of Fox Grove.
Devolution of the Frontage Road by Colorado Department of Transportation.
Regional stormwater infrastructure improvements and remapping of the FEMA floodplain.
REZONING EVALUATION
Summary of the Review Criteria for Rezoning of Parcels Less than 640 Acres Per Section 2.9 of the Land
Use Code
Per Section 2.9 of the Land Use Code, any amendment to the Zoning Map involving the zoning or rezoning of
640-acres of land or less (quasi-judicial versus legislative) shall be recommended for approval by the Planning
and Zoning Commission or approved by Council only if the proposed amendment is:
consistent with the City Comprehensive Plan (City Plan); and/or
warranted by changed conditions within the neighborhood surrounding and including the subject property.
The Planning and Zoning Commission and Council may consider the following additional factors:
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, including, but not limited to, water, air, noise, stormwater management, wildlife,
vegetation, wetlands and natural functioning of the environment;
whether and the extent to which the proposed amendment would result in a logical and orderly development
pattern.
The rezone request is based on 2.9.4(2)(b), and is justified by the changed conditions.
1. Criterion 2.9.4(H)(2)(a): Consistency with City Plan
The rezone request is not based on consistency with City Plan but rather 2.9.4(H)(2)(a) – Warranted by Changed
Conditions. The below information is a summary of City Plan’s guidance with respect to the Structure Plan Map
and flexibility provided in relation to the site.
City Plan (2019)
The Structure Plan Map in City Plan provides a framework for the ultimate 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 intensities to
encourage.
This site is designated as a Suburban Neighborhood District; however, the Plan acknowledges that in some
instances, place-type boundaries may not follow an existing parcel line, roadway, or other geographic boundary
and that the actual delineation of place types will be established at the time of a proposed re-zoning and
development submittal (p 94).
Agenda Item 14
Item # 14 Page 3
Though the place type designation is based on the current zoning boundary, there is some flexibility that is
granted to allow place type boundary to shift based on a development submittal and in this case, the initial
engineering of the Carriage Parkway alignment.
Based on the aforementioned considerations, the 205-foot adjustment to align the Industrial zone district line
with the centerline of Carriage Parkway is consistent with City Plan and the Structure Plan Map.
2. Criterion 2.9.4(H)(2)(b): Warranted by changed conditions.
This rezone request is based on Criterion 2.9.4(H)(2)(b), which allows for zoning map amendments if “warranted
by changed conditions within the neighborhood surrounding and including the subject property.”
Staff identifies three main elements contributing to the changed conditions of the surrounding neighborhood that
warrant the rezone of this property.
The original 1991 zoning of the site was based on a conceptual zoning plan that used streets and
drainageways to define zone districts and does not reflect the changes caused by recent development in the
area;
Recent construction of the Fox Grove subdivision to the north has fully engineered and built the alignment
of Carriage Parkway that dead-ends into this site; and
Sale of 12.44 acres to the Poudre School District for expanded uses in their Prospect Middle/High School
campus precludes the original alignment of Carriage Parkway.
Original zoning based on conceptual street alignments. The first change in conditions was in part due to the
original 1991 zoning of the site that was based on a conceptual zoning plan. The conceptual horseshoe-shaped
road and drainageway influenced the current zoning boundaries of the site. (Attachment 6)
It was not until the adoption of the Master Street Plan and approval of the 2006 ODP that this alignment was
changed to reflect the new road standards of the City. With the alignment of today’s road system in the area, the
zone district no longer provides a rational relationship to the existing UE and I zone district boundaries.
Changes to alignment of Carriage Parkway. The second changed condition that warrants a rezone is the 2017
approval and subsequent construction of the Fox Grove residential subdivision to the north. It was during the
planning and engineering of Fox Grove that the alignment of Carriage Parkway shifted to the east, primarily to
meet the collector street radius requirements of the Larimer County Urban Area Street Standards (LCUASS).
Since approval, a portion of Carriage Parkway has been built and now dead-ends into the northern boundary of
this site. (Attachment 8) This change is now reflected in the amended Overall Development Plan that is
concurrently being processed as a Minor Amendment in conjunction with this rezone request. (Attachments 4
and 5)
The previous conceptual alignment of Carriage Parkway provided an appropriate transition between the I and
UE zone districts. (Attachment 8) With the new, partially constructed alignment for Carriage Parkway, the UE
district would be split across both the east and west sides of the roadway, rather than consolidated in one area.
If the zone district were split, there could be several complicating factors for future development of the western
half. These factors include the addition of buffer standards required by 3.8.26, less orderly and logical
development of large lot single-family housing, and greater development challenges related to the construction
of Carriage Parkway and internal network of streets within the Industrially zone area.
Land acquisition by PSD for School District Campus. The final changed condition that warrants the rezone
is the sale of 12.44 acres of property for the Poudre School District Middle/High School campus, which is
currently under construction. The sale of the 12.44-acres precludes the original alignment of Carriage Parkway
(Attachment 9) because of their closed campus design. The design of the campus is an effort to limit access
for safety and management of the site. The conceptual realignment of Carriage Parkway is now pushed further
west and is anticipated to connect into East Prospect Road at the former Southeast Frontage Road intersection.
3. Compatibility with Existing and Proposed Uses (Additional Consideration per LUC)
Agenda Item 14
Item # 14 Page 4
The greater 115-acres of NE Prospect & I-25 ODP are undeveloped. The rezone of the small portion of UE to I
matches the shift in Carriage Parkway alignment. The rezone of this area does not provide any greater or lesser
compatibility with the existing residential and school uses in the area.
Future development of the industrially zoned land would be subject to the building and project compatibility
standards of the City’s Land Use Code. Those standards require that the physical and operational characteristics
(such as site layout, building, buffer and lighting design) of buildings and uses to ensure compatibility with the
residential properties to the north. Further, this area falls into the I-25 corridor overlay district which requires a
greater level of building and site design and landscaping than would otherwise be required for commercial and
industrial projects.
4. Adverse Impacts to the Natural Environment (Additional Consideration per LUC)
The site is currently used for dry-land farming and no natural habitat or features are involved within the rezone
area. It is not anticipated that the change in zoning or lighting context area would create any greater or lesser
impact to the natural environment, including, but not limited to, water, air, noise, stormwater, management,
wildlife, vegetation, wetlands, and natural functioning of the environment.
5. Logical and Orderly Development Pattern (Additional Consideration per LUC)
The proposed shift in the Industrial zone district boundary would result in a logical and orderly development
pattern by:
Providing land use consistent with the zoning south and west of the rezone area.
Using the Carriage Parkway, a two-lane collector street, as a logical zone district transition.
Lighting Context Area
On March 26, 2021, the City adopted new exterior lighting standards and established Lighting Context Areas
that correspond to the City’s zone districts. The property in its current Urban Estate zoning is in the LC1 lighting
context area. The lighting context area corresponding to Industrial zoning and identified in Table 3.2.4-1 of the
City’s lighting code is LC2. As part of this rezoning, staff recommends placement of the property into the LC2
Lighting Context Area.
Residential Neighborhood Sign District
The residential sign district is intended to regulate signs for non-residential uses in certain geographical areas
of the City that may be particularly affected by such signs because of their predominately-residential use and
character. Staff is recommending removal of the property from the residential sign district and notes that
Division 3.9, Development Standards for the I-25 Corridor will provide stringent design standards for any future
development within this site.
BOARD / COMMISSION RECOMMENDATION
On May 20, 2021, at its regular meeting, the Planning and Zoning Commission voted unanimously (7-0) to
approve the rezoning and placement into the LC2 Lighting Context Area and removal from the Residential
Neighborhood Sign District.
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 and let community members list and discuss issues
related to the area. Issues discussed at the meeting include:
The amount and type of traffic generated by future development of the 115-acre site.
Agenda Item 14
Item # 14 Page 5
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. Applicant Request (PDF)
3. Rezoning Legal Description (PDF)
4. Carriage Parkway Exhibit (PDF)
5. Amended Overall Development Plan (ODP) (PDF)
6. Galatia Background (PDF)
7. Original Zoning Exhibit (PDF)
8. Carriage Parkway (PDF)
9. School District Campus (PDF)
10. Planning and Zoning Commission Minutes (draft) (PDF)
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ORDINANCE NO. 090, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY
CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY
KNOWN AS THE NORTHEAST PROSPECT & I-25 REZONING AND MAKING
CORRESPONDING CHANGES TO THE LIGHTING CONTEXT AREA MAP AND
RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”)
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, the City Council has determined that the proposed rezoning is warranted by
changed conditions within the neighborhood surrounding and including the subject property
consisting of the development of the adjacent Poudre School District property for a middle/high
school and the construction of the Fox Grove subdivision to the north and the associated
realignment of Carriage Parkway that ends at the northern boundary of the area to be rezoned; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code;
and
WHEREAS the City Council has conducted a public hearing, considered the Staff Report,
the Planning and Zoning Commission recommendation and the findings, and the evidence from
the public hearing and, in accordance with the foregoing, has determined that said property
described below should be rezoned as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
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 adopted by Division 1.3 of the Land Use Code is
hereby amended by changing the zoning classification from Urban Estate (“U-E”) Zone District
to Industrial (“I”) Zone District, for the following described property in the City known as the
Northeast Prospect & I-25 Rezoning:
A PARCEL OF LAND BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION
-2-
15; THENCE N89°35’57”W ALONG THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 406.91
FEET TO THE POINT OF BEGINNING;
THENCE S00°14’11”W, A DISTANCE OF 484.52 FEET TO A POINT OF NON-
TANGENT CURVATURE;
THENCE 526.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO
THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF
50º14'07“ AND WHOSE CHORD BEARS S25º13'27'W, A DISTANCE OF
509.37 FEET TO A POINT REVERSE CURVATURE;
THENCE 244.13’ ALONG THE ARC OF A REVERSE CURVE, HAVING A
RADIUS OF 421.12 FEET, A CENTRAL ANGLE 33°12’57”, AND WHOSE
CHORD BEARS N32°15’50”W, A DISTANCE OF 240.73 FEET;
THENCE N44°59’14”E, A DISTANCE OF 198.64 FEET;
THENCE N00°14’11”E, A DISTANCE OF 602.71 FEET TO A POINT ON THE
NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 15;
THENCE S89°35’57”E ALONG SAID NORTH LINE, A DISTANCE OF 204.67
FEET TO THE POINT OF BEGINNING;
CONTAINING 185,803 SQUARE FEET, 4.265 ACRES MORE OR LESS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION
THAT THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION
15, T7N, R68W, 6TH PM BEING S89°35’57”E. THE W 1/4 CORNER IS A
FOUND 3 1/4” ALUMINUM CAP STAMPED RBD LS17483 AND THE
CENTER 1/4 CORNER IS A FOUND 3 1/4" ALUMINUM CAP STAMPED JR
ENG LS24307.
Section 3. That the Residential Neighborhood Sign District Map adopted pursuant to
Section 3.8.7.1(M)of the Land Use Code be, and the same hereby is, changed and amended by
showing that the above-described property 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. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
-3-
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 this 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk