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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2001 - HEARING AND FIRST READING OF ORDINANCE NO. 90, 200 AGENDA ITEM SUMMARY ITEM NUMBER: 29 DATE: May 1, 2001 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT: Hearing and First Reading of Ordinance No. 90, 2001, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Poudre Development Parcel Rezoning. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. On April 5, 2001, the Planning and Zoning Board voted 4-3 to recommend rezoning to L-M-N, Low Density Mixed-Use Neighborhood. EXECUTIVE SUMMARY: This is a request to rezone the Poudre Development parcel from T, Transition, to C-C-R, Community Commercial —Poudre River. The parcel is 21.7 acres in size and located on the east side of the Poudre River bounded by Linden Street, Buckingham Street and First Street. Buckingham Park forms the southeast border of the site. The parcel was zoned T, Transition, upon the adoption of City Plan in March of 1997. The parcel was rezoned in March of 1997 as part of the City Plan city-wide rezoning from R-C, _ River Corridor to T, Transition. (The R-C zone was originally specifically designed to implement both the Downtown Plan, adopted in 1989, and the Poudre River Trust — Land Use Policy Plan, adopted in 1986.) In addition, the parcel is designated on the City Structure Plan as "Downtown" and within the "Poudre Study Area" overlay. The C-C-R zone was created in 1997 as a further refinement of the original R-C zone and considered the appropriate zone district in order to implement land use and urban design vision of both of the aforementioned elements of the City Plan. The request to rezone out of T and into C-C-R, therefore, complies with both City Structure Plan and the Downtown Plan. Staff recommends C-C-R as the best way to implement the mixed-use vision of the Downtown Plan and City Plan. The Planning and Zoning Board recommendation of L-M-N does not comply with the City Structure Plan, Downtown Plan, Poudre River Trust — Land Use Policy Plan and, therefore, City Plan. The stated purpose of the L-M-N zone is to be clustered around and integral with the Medium Density Mixed-Use Neighborhood (M-M-N) with a Neighborhood Commercial Center (N-C) at its core. Neither of these two zone districts is in the vicinity of the Poudre Development parcel. ORDINANCE NO. 90, 2001 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 POUDRE DEVELOPMENT PARCEL REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance,and has determined that the said property should be rezoned as hereafter provided; and WHEREAS,the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the City of Fort Collins be,and the same hereby is,amended by changing the zoning classification from "T",Transition Zone District,to"CCR",Community Commercial-Poudre River Zone District,for the following described property in the City known as the Poudre Development Parcel Rezoning: A PART OF LOT 3 OF THE ABANDONED MILITARY RESERVATION AND A PART OF BLOCK 15,CITY OF FORT COLLINS,ALL BEING SITUATE IN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE SIXTH P.M.,FORT COLLINS,COLORADO, WHICH CONSIDERING THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12 AS BEARING S 00' 17' 47" W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE SOUTHEASTERLY LINE OF LINDEN STREET WHICH BEARS N 41'1 O'E 275.87 FEET FROM THE MOST NORTHERLY CORNER OF BLOCK 1, CITY OF FORT COLLINS AND RUN THENCE N 41` 1 O'E 479.16 FEET ALONG S AID S OUTHEASTERLY LINE;THENCE N 89°30'W 26.50 FEET ALONG THE NORTH LINE OF SAID LOT 3;THENCE N 41° 1 O'E 200.10 FEET ALONG THE SOUTHEASTERLY LINE OF LINDEN STREET; THENCE S 49° 15'E 170.00 FEET;THENCE S 41' 1 O'W 53.56 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE S 89'S0'E 539.39 FEET ALONG SAID NORTH LINE TO A POINT ON THE WEST LINE OF FIRST STREET; THENCE S 00' 17'47" W 778.29 FEET ALONGTHE SAID WESTLINETO APOINT ONTHENORTHWESTERLYLINE OFBUCKINGHAM PARK;THENCE ALONG SAID NORTHWESTERLY LINE, S 45'33'W 175.00 FEET AND AGAIN S 74' 13'W 223.40 FEET AND AGAIN S 66° 41'W 110.60 FEET AND AGAIN S 49'34'W 129.10 FEET AND AGAIN S 25'S5' W 67.25 FEET AND AGAIN S 38`52'20"W 27.82 FEET;THENCE N 64'44'S7" W 114.30 FEET;THENCE N 68' 54'38"W 66.75 FEET;THENCE N 42"22 39"W 87.60 FEET;THENCE N 24`0124"W 36.94 FEET;THENCE N 20°31'17"W 93.88 FEET; THENCE N 10° 51'07"W 84.81 FEET;THENCE N 13° 25'05"W 101.54 FEET; THENCE S 76° 51'48"W 43.17 FEET;THENCE N 07° 56'01" W 126.52 FEET;THENCE N 19'37'07"W 271.75 FEET TO THE POINT OF BEGINNING, CONTAINING 21.7068 ACRES,MORE OR LESS,AND BEING SUBJECT TO A RIGHT OF WAY FOR BUCKINGHAM STREET ALONG THE NORTH LINE THEREOF AS IT NOW EXISTS, AND TO AN EASEMENT DESCRIBED IN BOOK 2259 AT PAGE .576 OF THE LARIMER COUNTY CLERK AND RECORDERS OFFICE. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is not included in the Residential Neighborhood Sign District. Section 3. The City Engineer 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 1st day of May, A.D. 2001, and to be presented for final passage on the 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk • .� - . � � MIDI II■ �� �11►•I vim. �� ■ �ME -� . Community Planning and Environmental Services Advance Planning Department City of Fort Collins April 24, 2001 MEMORANDUM TO: Mayor Martinez and Members of the City Council TH: John Fischbach, City Manager e11e�:� Greg Byrne, Director of Community Planning and Environmental Service FM: Joe Frank, Advance Planning Department Direct Ken Waido, Chief Planne / RE: Poudre Development Parcel Rezoning The purpose of this memorandum is to present the Advance Planning Department's recommendation on the proposed rezoning of 21.7 acres of land located north of Lincoln Avenue, east of Linden Street, south of Buckingham Street, and west of First Street, known as the Poudre Development Parcel Rezoning. The memorandum will also present staff justifications for its recommendation, as well as present some zoning options the City Council may wish to consider. Staff Recommendation: Approval of the request to rezone the property into the CCR, Community Commercial - Poudre River, District. Options: The following are options for the Council to consider if the staff's recommendation for rezoning is not adopted: 1. Rezone the property into with the CCR District, with land use conditions. 2. Planning and Zoning Board's Recommendation: Rezone the property into the LMN, Low Density Mixed-Use Neighborhood District. Brief Zoning and Planning Policy History of the Subject Property: The property was placed into the IG, General Industrial, District during a comprehensive rezoning of the entire city in 1965. The IG Zone permitted, "Any use other than one- 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970)221-6376 FAX (970) 224-6111 • TDD(970) 224-6002 • E-mail: aplanning@ci.fort-collins.co.us family, two-family or multi-family dwellings." The IG Zone contained some landscaping and screening requirements to buffer non-residential development from adjacent residentially zoned properties, but did not contain any specific development requirements for dealing with the Poudre River corridor environment. In 1986, the City adopted the Poudre River Trust—Land Use Policy Plan to provide public policy guidance for development within the Poudre River corridor. And, in 1987, the City developed a new zoning district, the RC, River Corridor, District, to be specifically applied to"areas developing within the Downtown River Corridor"of the Poudre River. The RC Zone was a mixed-use zoning district permitting residential, commercial, office, and light industrial uses. The RC Zone also contained specific development standards for dealing with the Poudre River environment. In June 1989, the City adopted the Downtown Plan as an element of the City's Comprehensive Plan. And, in 1996 the property was rezoned (downzoned)from IG to the RC Zone as a method of helping to implement the Poudre River Trust—Land Use Policy Plan and the Downtown Plan. The IG to RC rezoning was opposed by the property-owner. In 1997, as City Plan was nearing completion and the new Land Use Code was being prepared for adoption, a new zoning district, the CCR, Community Commercial —Poudre River, District, was designed to replace the former RC Zone. Like its predecessor the RC Zone, the CCR Zone is a mixed-use zone allowing a wide range of residential and non- residential uses. The CCR Zone also includes development standards to protect the scenic and natural features of the river corridor. As part of the comprehensive citywide rezoning effort of City Plan, staff proposed the subject property be rezoned from the RC Zone to CCR Zone. Also, at that time, the City was planning on embarking on a more detailed land use planning effort with Larimer County for the Poudre River corridor. This proposed planning effort could have resulted in yet another proposed rezoning of the subject property. The property-owner was presented with only two options for the zoning of the property at the time of the City Plan citywide rezoning effort: 1) accept the CCR Zone as the replacement for the RC Zone on the property, or 2) place the property into the T, Transition, District pending the outcome of the City/County river corridor land use planning effort. The property-owner opted for the T Zone. The property-owner is now requesting the property be removed from the T Zone and placed into the CCR Zone, essentially asking the City to complete the City Plan rezoning it had proposed in 1997. Staffs Recommendation: Approval of the requested CCR District Note: The CCR Zone was developed as a substitute for the former RC Zone. The Downtown Plan was prepared before the development of the CCR Zone and, thus, only contains references to the RC Zone. In order to avoid confusion, from this point on this memorandum will substitute the CCR Zone for all references from the Downtown Plan to the former RC Zone and will do so by showing the wording in italics. Staff recommends the property be rezoned from the T, Transition, District to the CCR, Community Commercial—Poudre River, District. The major justification for the rezoning is the same now as it was in 1996 when the property was rezoned from IG to RC and proposed for placement into the CCR Zone in 1997 as part of the City Plan comprehensive citywide rezoning effort. That justification is from the Downtown Plan that contains the following implementation strategy with regards to properties in the Poudre River corridor: Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to the CCR, Community Commercial—Poudre River, District. The Downtown Plan contains the following Major Policy regarding land use: Cluster basic land use activities in distinct and compact district located to promote the movement of pedestrians between areas and to efficiently use public services and facilities. A mix of complimentary and supportive uses will be encouraged in each of these districts. Staff believes the above major policy indicates that the Downtown Plan intended all of its sub-district areas to be mixed-use areas and not be devoted to a single type of land use. The Downtown Plan also contains two maps, one called a Concept Plan and the other Special Opportunities map, that placed an IV for housing on the subject property. A third map, a Housing Plan, designates the property as "Poudre River" housing which is a designation for"mixed density, all residential types." These map designations are supported by a series of policy statements encouraging development of various housing types and densities in the Downtown area. Yet, in spite of the map designations and policy statements, the Downtown Plan directs that the subject property be placed into the CCR Zone. Staff, therefore, concludes, that while the maps indicate that housing would be the preferred land use for the subject property, the Downtown Plan did not intend for housing to be the only land use allowed on the subject property. Staff's recommendation for a consistent decision by the City for the zoning of the subject property into the CCR Zone is also supported by the example of the zoning applied to the Link-N-Greens property located south of Lincoln Avenue and west of Lemay Avenue, The Link-N-Greens property has the same Downtown Plan "H" and "Poudre River" housing map designations as the subject property. The Link-N-Greens property was placed into the CCR Zone as a result of the City Plan rezoning process. Rezoning Option #1: CCR District,with Land Use Conditions This option proposes rezoning the subject property into the CCR District, but adding zoning condition to require residential development on the property. It is a classic problem with zoning ordinances that in a rezoning process, the proposed zoning district may contain a use, or several uses, which if allowed to develop on a parcel could create negative impacts on surrounding properties. It is almost a given by definition that permitted uses in a zoning district are inherently compatible with other permitted uses in the district and that permitted uses would have similar impacts on surrounding properties. However, a mixed-use zoning district may contain a series of uses that in 95%-990/o of potential situations the permitted uses would be compatible with each other and could locate adjacent to other uses without significant negative impacts. It is in those special, almost unique, situations where a permitted use in a district would not fit into an area. Prior to the adoption of the Land Development Guidance System in 1981, the City operated under a zoning ordinance similar to the current Land Use Code. In rezoning cases between 1965 and 1980, when some of the permitted uses in a proposed district were questionable from a negative impact perspective, the City used a"conditional" zoning technique to limit the number of permitted uses for a subject property. For example, if a district permitted residential, office, and retail uses and, yet, for whatever reason the retail uses were deemed inappropriate for the area,then the property would be . rezoned into the proposed zone with a zoning condition limiting the uses to residential and office development only and precluding retail uses. Conditional zoning has some positive and negative aspects. On the positive side, conditional zoning allows for the tailoring an existing zoning district into a"better fit"' for an area without the need to develop a new district for special circumstances. On the negative side, zonings conditions can become difficult to monitor and the process can be abused to the point of"spot zoning" properties. Staffs proposal for a conditional zoning approach on the subject property would be to place the property into the CCR District, with a zoning condition dealing with residential development as follows: Development of the property must be of a mixed-use nature as the term is defined in the City's Land Use Code, and must contain a substantial amount of residential development as one of the uses. Planning and Zoning Board's Recommendation: Rezone the Property to the LMN, Low Density Mixed-Use Neighborhood District This option is to rezone the subject property into the LMN, Low Density Mixed-Use Neighborhood, District, as recommended by the Planning and Zoning Board. Staff understands why the Planning and Zoning Board made this recommendation as a means to implement the"H" and "River Corridor" housing map designations and policies from the Downtown Plan. Staff believes the Board was looking for a district that was more "residential" in nature than the CCR District. Unfortunately, staff sees no City Plan policy position for justification of the LMN District for the subject property. According to the Land Use Code's"Purpose" statement for the LMN District, "Low Density Neighborhoods will be clustered around a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core." Staff review of the City's Structure Plan map concludes that there is no neighborhood commercial center nor a medium density mixed-use neighborhood in the vicinity of the subject property to justify the placement of a LMN District. Staff also believes that it would be quite a stretch to interpret the downtown area as being the needed neighborhood commercial center and medium density mixed-use neighborhood district to justify the LMN Zone. In addition, the LMN Zone does not include the development standards to protect the river. Flgodolain Issues The subject property is currently in the floodplain of the Poudre River and this causes several issues for development of the property as well as for developments located farther to the east, regardless of the manner in which it is zoned. The City's current floodplain regulations prohibit the development of new residential housing in the Poudre River floodplain. The draft Poudre River Drainageway Master Plan recommends construction of a levee on the subject property with the actual location to be determined. The City's interest in the levee is to protect the existing developments in Buckingham and along Lincoln Avenue farther to the east. The location of the levee is flexible and will be determined with the ultimate use of the subject property as long as it protects the developments to the east. The implications are as follows: If the property stays in the floodlain, then new development would only be allowed outside of the floodway and product corridor. Residential development and critical facilities would not be allowed. Except for a small portion in the northwest corner of the property, the property is in the 100-year floodplain of the Poudre River. A large majority of the floodplain portion of the property is outside the product corridor and floodway. The floodway and product corridor is located adjacent to the river channel on the west. If the property is removed from the floodplain, it will be necessary to revise the FEMA maps through the CLOMR and LOMR process. When completed, new residential development would be allowed. The Conditional Letter of Map Revision(CLOMR) means the proposed project conditionally meets FEMA criteria provided it is built according to the submitted materials. The Letter of Map Revision(LOMR) means that after the review of the as-built plans the project meets FEMA criteria and the official FEMA maps are revised for the project. Comparison of Purpose Statements of LMN and CCR Zoning Districts Low Density Mixed-Use Neighborhood Community Commercial - Poudre River District (L-M-N) District (C-C-R) Purpose. The Low Density Mixed-Use Purpose. The Community Commercial - Poudre Neighborhood District is intended to be a setting River District (C-C-R) is for downtown fringe for a predominance of low density housing areas in the Cache La Poudre River corridor combined with complementary and supporting with both public street frontage and River land uses that serve a neighborhood and are frontage. This District provides locations for developed and operated in harmony with the redevelopment or development of moderate residential characteristics of a neighborhood. intensity uses that are supportive of Downtown, The main purpose of the District is to meet a subject to floodplain restrictions. Such wide range of needs of everyday living in redevelopment or development shall be neighborhoods that include a variety of housing compatible with the scenic, cultural, natural and choices, that invite walking to gathering places, historical context of the River and Downtown. services and conveniences, and that are fully A main purpose of the District is to foster a integrated into the larger community by the healthy and compatible relationship between the pattern of streets, blocks, and other linkages. A River, the Downtown and surrounding urban neighborhood center provides a focal point, and uses. Any significant redevelopment shall be attractive walking and biking paths invite designed as part of a master plan for the residents to enjoy the center as well as the small applicable group of contiguous properties. iighborhood parks. Any new development in s district shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features. . Y DEFINITION OF "MIXED USE" Mixed use shall mean the development of a lot, tract or parcel of land, building or structure with two (2) or more different uses including, but not limited to, residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit. Division 4.16, Community Commercial-Poudre River District Division 4.16 DIVISION 4.16 COMMUNITY COMMERCIAL-POUDRE RIVER DISTRICT(C-C R) (A) Purpose. The Community Commercial-Poudre River District(C-C-R) _ is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage. This District provides locations for redevelopment or development of moderate intensity uses that are supportive of Downtown,subject to floodplain restrictions. Such redevelopment or development shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown. A main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties. (B) Permitted Uses. (1) The following uses are permitted in the C-C-R District,subject to Building Permit review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2 Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four (4j dwelling units),provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations Article 4, Page 108 SuPP. 9 Division 4.16, Community Commercial-Poudre River District Division 4.16(B) in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided,however,that such existing use shall constitute a permitted use only on such parcel of property. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following land uses are permitted in the C-C-R District, subject to administrative review: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Group homes. 4. Multi-family dwellings. 5. Mixed-use dwelling units. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public and private schools, including colleges, universities, vocational and technical training. 3. Community facilities. 4. Public facilities. 5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 6. Golf courses. 7. Cemeteries. Supp. 9 Article 4,Page 109 Division 4.16. Community Commercial-Poudre River District Division 4.16(8) (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants. 3. Grocery stores. 4. Personal and business service shops. 5. Offices, financial services and clinics. 6. Artisan and photography studios and galleries. 7. Health and membership clubs. 8. Entertainment facilities and theaters. 9. Lodging establishments. 10. Clubs and lodges. 11. Limited indoor recreation establishments. 12. Convenience retail stores without fuel sales. 13. Veterinary facilities and small animal clinics. 14. Child care centers. 15. Dog day-care facilities. 16. Print shops. 17. Food catering. 18. Exhibit halls. (d) Industrial Uses: 1. Workshops and custom small industry uses. Supp. 9 Article 4, Page 110 Division 4.16,Community Commercial-Poudre River District Division 4.16(B) (e) Accessory/Miscenaneous Uses: 1. Wireless telecommunication equipment. 2. Wireless telecommunication facilities. 3. Satellite dish antennas greater than thirty-nine(39) inches in diameter. (3) The following uses are permitted in the C-C-R District, subject to review by the Planning and Zoning Board: (a) Residential Uses: I. Boarding and rooming houses. 2. Single-family detached houses located on lots containing no more than six-thousand (6,000) square feet. 3. Fraternity and sorority houses. (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary, intermediate and high school education. 2. Long-term care facilities. (c) Commercial/Retail Uses: 1. Retail establishments. 2. Funeral homes. 3. Unlimited indoor recreational uses and facilities. Supp. 4 Article 4,Page 111 Division 4.16,Community Commercial—Poudre River District Division 4.16(C) (C) Prohibited Uses All uses that are not(1)expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director Pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. (D) Development Standards. (1) Prospect Road Streetscape Program. (a) All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Standards as adopted by the city,to the extent that such Standards apply to the property proposed to be developed. (2) Streets and Connections. (a) To the extent reasonably feasible, the layout of new streets and walkways on-site shall emphasize the characteristics and views of the River landscape utilizing special street design features such as divided lanes, landscape islands, curb bulges and landscape solutions to drainage instead of standard curb and gutter. (3) Buildings. (a) Massing and placement. 1. Height/Mass. The maximum building height shall be three (3) stories. If multi-story buildings are included in a development, such buildings shall be designed to step down to one (1) story directly adjacent to the natural area protection buffer. 2. Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are located in either: 1) interior block locations between buildings that face the street and buildings that face the River, or 2) side yards. 3. Frequent views/access. No building wall shall exceed one hundred twenty-five (125) feet on the axis along the River. 1 Supp. 4 Article 4, Page 112 Division 4.16,Community Commercial-Poudre River District Division 4.16(D) (b) Character and image. 1. Outdoor spaces. Buildings and extensions of buildings shall be designed to form outdoor spaces such as balconies,arcades,terraces,decks or courtyards, and to integrate development with the landscape to the extent reasonably feasible. 2. Windows. Windows shall be individually defined with detail elements such as frames, sills and lintels, and placed so as to visually establish and define the building stories and establish human scale and proportion. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominant style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium,lobby or greenhouse- type accent features used as embellishments to the principal building. 3. Rooflines. A minimum pitch of 8:12 shall be used for gable and hip roofs to the maximum extent feasible. Where hipped roofs are used alone, the minimum pitch shall be 6:12. Flat- roofed buildings shall feature three-dimensional cornice treatment on all walls facing streets, the River or connecting walkways, unless they are stepped and terraced back to form a usable roof terrace area(s). A single continuous horizontal roofline shall not be used on one-story buildings except as part of a design style that incorporates corbelled masonry and/or cornices. (c) Color/Materials. 1. Predominant building colors shall be subdued or neutral shades, within a medium or moderately dark range of value, and not white or reflective. Article 4, Page 113 Supp. 9 Division 4.16,Community Colmnercial-Poudre River District Division 4.16(D) 2. Textured unit masonry such as brick, stone and tinted,variously textured concrete masonry units, as well as treated wood siding, shall be used in repeating pattern as integral parts of the building fabric to the maximum extent feasible. Any other exterior materials,if used,shall be used as integral parts of the overall building fabric, in repeating modules, proportioned both horizontally and vertically to relate to human scale, and with enough depth at joints between architectural elements to cast shadows. (4) Site Design. (a) Landscaping/Vegetation Protection. The natural qualities of the River landscape shall be maintained and enhanced using plants and landscape materials native to the River corridor in the design of site and landscape improvements. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§51-54, 12/15/98; Ord. No. 99, 1999 §25, 6/15/99; Ord. No. 165, 1999 §43, 11/16/99; Ord. No. 183, 2000 §35, 12/19/00) SuPP. 9 Article 4, Page 114 N, I�II�I III IJ �. ■■ .:I i■IIIII� 711111 DOWNTOWN PLAN F E ss CC 1. Concept Plan The Concept Plan illustrates and summarizes the major elements of r the Downtown Plan. It reflects land use, urban design, traffic and pedestrian circulation policies, and other major physical fea- tures of the plan. The focus of the Concept Plan is identifying opportunities to E' create a unique, diverse, and recognizable Downtown area, with new development and activities enhancing its function as a desir- able place to work, live, and play. One of the keys to successful Downtown development is the creation of amenities and attractions that appeal to the visitor market. The plan envisions strong pedestrian linkages between activities, unified public signage and FM landscaping elements, enhancement of open space areas and gate- ways, adaptive reuse of historic structures, and extension of the historic trolley to strengthen the image and function of Downtown. FM The Downtown Corridor of the Poudre River is viewed in the plan as a fragile, valuable and irreplaceable resource. Major FS pedestrian and visual connections between the River and the Down- town are recommended. In addition, special treatment of the riv- erfront is suggested that enhances the attractiveness of the River and Downtown. The plan offers some specific activities for the riverfront area, including a new performing arts theatre, an open air amphitheater, botanical gardens, preservation of important Fft natural areas, quality hotel, active and passive open space areas and limited retail activities. The Concept Plan also illustrates six basic land use areas or dis- tricts. Within each of these districts, a mixture of land uses is permitted while maintaining the predominant land use character of L each area. The intensity of land use decreases as distance from the center of the commercial districts increases. E The most intensive development occurs in the core of the Down- town known as the Canyon Avenue and Old City Center districts. The retail core, known as the Old City Center District, remains Fa centered along College Avenue and in the Old Town area. The high density office core, known as the Canyon Avenue District, is confined to a 21-square block area located west and south of the retail area. The Plan also recommends new housing, destination retail and office uses be permitted in appropriate areas of the C Poudre River Corridor District. Light manufacturing, research lab- C oratories, and other similar uses are suggested as potential anchors for the northern end of the Canyon Avenue District. s DOWNTOWN PLAN 59 Buffer areas are provided to serve as cushions between the adja- cent low density residential neighborhoods and the commercial core. The Plan also recommends the lower intensity, neighborhood commercial areas along Riverside Drive be retained and enhanced 3 to support the residential and working population. The low density residential uses in the surrounding neighborhoods are maintained. As Downtown becomes more desirable, new, medium and high den- sity housing stock is introduced in close-in locations. Finally, a balanced street and transit system is planned. In the long range, a new loop street is anticipated around Old Town to remove undesirable through traffic. The future extension of Vine Drive to College Avenue provides access to future development northwest of town. The importance of the Mason/Howes one-way couplet is strengthened by the continuous connection to College Avenue. Bicycling and walking are encouraged as a primary means of transportation within the area. Downtown transit service is expanded to include additional routes and a new transit center as the employee and shopper demand grows. VIOWAW 0 It•WITA 1 Id V It r ' v fQ 3 R 9 3\ 4 ,- `\ e �A ,� �F�ref c�•��� 4.4r ' ' ^K '"° �'" i 3 ��<e� tF.4'�.ir'<`r y✓ r. rC�v v / 1` i�'` ,cr.�.yy �' t rn`'F rr'�fs F4•zaS`x`l.`.,.� c f z H � •.ti; \' i , \ . `' �sK���. 4S zr`Y 4 '';} �x �L�r�� 79 Y`s �� 4tif � i � �7'K4 C r a r 4 (1 14 4 42 'f r s. --- b v DOWNTOWN PLAN �E E E 52 E 2. Strategic Action Chart Index The following offices and funding sources are referred to in the Strategic Action Charts. The offices offered as possible lead C agency(s) may either oversee the implementing actions or carry out r the projects and programs themselves. The coordinating agencies are those that may be involved in the development and implemen- tation of the proposed action. While not specifically identified in the Charts, it is anticipated that various public boards and com- missions will be involved as necessary in the development and C implementation of the proposed actions. C Many of the action items indicate private (PVT) sector action as C well as action by a public agency. Where private sector action is C indicated, generally the role of the public agencies, also listed, is to foster the private sector's involvement. Possible public and private funding sources for each of the actions are offered in most cases. Where a funding source is not identi- fied, the action would be implemented and the cost absorbed by E normal operating budgets of the agency(s) who would be imple- menting the action. As studies are undertaken, new funding sources may be identified. E Lead Implementing and Coordinating Agencies C City Agencies L� ASO--Administrative Services E CA--City Attorney Council--Fort Collins City Council C CLRS--Cultural, Library and Recreational Services C CMO--City Manager's Office DSO--Development Services Department C DDA--Downtown Development Authority C HA--Housing Authority PS--Police Services PFA--Poudre Fire Authority US--Utility Services E E E DOWNTOWN PLAN rtl 63 Other Agen ins CDH--Colorado Department of Highways CSU--Colorado State University LC--County of Larimer PVT--Private (Downtown Business Association, Chamber of Com- merce, Fort Collins Inc., Convention and Visitor's Bureau, Local Development Company, and other private individuals and groups) Possible Funding Source 3 City Sources CDBG--Community Development Block Grant Funds CIP--Capital Improvement Program PF--Parking Fund 7 PLF--Parkland Fund SIP--Sidewalk Improvement Program TIF--Tax Increment Financing Other--Other special funds or taxes J Outside Sources LDC--Local Development Company low interest loans PVT--Private sources t� SID--Special or General Improvement District GRANT--Private, state or federal grants iM of .e x� e u DOWNTOWN PLAN - i 64 3. Policies. Actions and POLICY 1 - PLAN ADOPTION IMPLEMENTATION AND u Strategies UPDATE 0 The Plan is a guide to anticipating changes and for identifying desirable and practical directions to avoid wasteful action and inaction. Adoption of the Plan ensures that the forecasts and n directions are taken seriously. A renewed commitment by the City, Downtown businesses and organizations, and the public is neces- sary to assure that the policies and actions contained within this v Plan are realized. Major Policy u Refer to the Downtown Plan as the guiding document for decisions affecting the Downtown area. The City, Downtown AL_ Development Authority, and the public are committed to implementing the goals, objectives, policies and actions con- tained within this Plan. And Furthermore.. CC A. Assure that the ideas and dreams expressed in the Downtown C Plan remain an active concern of the City for the next 20 years. B. Recognize past planning activities in the Downtown. These plans should be supported by and coordinated to avoid redundan- cies, conflicts or duplication of effort. These plans include the Eft - Strategic Plan for the Fort Collins Historic Preservation Program E (1988) - Poudre River Trust Land Use Policy Plan (1986) - Eastside Neighborhood Plan (1986) E - Westside Neighborhood Plan (pending) - Fort Collins Downtown Development Authority Plan of Develop- men (1981) E - Historic Old Town Area Plan (1980) - Master Street Plan (as amended) - Old Town Master Drainage Plan (pending) E E E DOWNTOWN PLAN 65 C. Support and encourage, through appropriate public financial incentives, Downtown development and redevelopment projects, pro- motion and marketing programs, maintenance efforts, and security activities that are determined to be of public benefit and contrib- ute to satisfying the goals, policies, and actions of the Downtown Plan. D. Monitor and update the Downtown Plan on a continual basis. POLICY 1 — PLAN ADOPTION, IMPLEMENTATION AND UPDATE Strategic Action Chart Index Actions Timing Implementing Agency s Lead Coordin• Possible acing Funding Source < _ z Programs 1. Adopt Downtown Plan. ✓ COUNCIL DSO 2. Every year, a status report will be produced on ✓ DSO DDA implementation of the Downtown Plan. 3. Prepare an annual comprehensive fiscal plan for implementation of the Downtown Plan that includes ✓ CMO DSO/PVT departmental work programs, budgets, and priorities. 4. Establish a Downtown Capital Improvements element within the City's Capital Improvement Program. DSO DDA/US CIP Regulations 5. Annex to the City all areas within the Downtown. ✓ DSO PVT 6. Study and act on the possibility of expanding the boundaries of the DDA District to include all areas ✓ DDA PVT within the Downtown. DOWNTOWN PLAN C C E E 66 C POLICY 2 - LAND USEE The essence of Downtown is diversity with a range of choices in E things to do and see, throughout the day and evening. Diversity means more than one or two primary uses within Downtown or on a given street. To be an economically healthy, sustaining market, E Downtown must include office, residential, and entertainment functions in addition to retail shops and restaurants. To promote pedestrian activity and vitality, the Downtown area should be compact and walkable with a tight physical structure and efficient spatial arrangement. The Plan offers a balanced mix of land use activities commensu- rate with the vision that Downtown be a "first class, economically vital center." The following policies stress the concentration of higher intensity, downtown functions in two compact and distinct areas known as the Old City Center and Canyon Avenue districts. Within each of these districts, a mixture of land uses is encour- aged, while maintaining the predominant land use character of each area. The intensity of land use decreases as distance from the center of these districts increases. Ea Downtown retailing should be concentrated in the Old City Center District. Specialty shopping, fine dining and cultural activities are �¢ new opportunities which provide a unique destination for employees, visitors and shoppers. Downtown should also continue to attract other conventional retail and service businesses that Es address the needs of adjacent residential neighborhoods and the community. Intensive office development is encouraged in the Canyon Avenue District while protecting the existing character created by the large public buildings, historic structures, lawns and stately trees. Ei The Po_udre River Corridor District offers an excellent opportunity to mix river related and cultural activities with the natural envi- ronmental values of the river. Higher density residential land uses C are encouraged in close-in locations while preserving the adjacent low-density housing stock in nearby residential neighborhoods. C E DOWNTOWN PLAN 67 Maior Policy Cluster basic land use activities in distinct and compact districts located to promote the movement of pedestrians between areas and to efficiently use public services and facili- ties. A mix of complimentary and supportive land uses will be encouraged in each of these districts. And Furthermore.. A. Preserve and enhance the unique character of the Downtown districts. B. Encourage development and redevelopment of vacant and underutilized properties. C. Locate the highest intensity of development in the Old City Center and Canyon Avenue districts and step intensity down toward the residential neighborhoods. D. Focus quality retail shopping, dining, entertainment, and con- sumer services activity in the Old City Center District while pre- serving the historical buildings and character of the area. Encour- age and reinforce this district as the center for a variety of conventional retail, specialty shopping and fine dining catering to u residents, office workers and weekend/evening entertainment-goers. E. Encourage greater intensification of land use in the Old City Center and Canyon Avenue districts by building upwards, seeking greater building coverage and productive use of upper-story build- ing space. m F. Avoid creating geographically separated retail concentrations that compete with one another. G. Encourage ground-level activity for retail uses in the Old City Center District. Isi H. Allow offices that have a high walk-in clientele, such as insurance brokers, travel agencies and the like, to occupy ground- level space in the Old City Center District. I. Encourage upper-story offices and multi-family uses in the Old ara City Center District. 0 FE DOWNTOWN PLAN Iry E� E 68 Fort Collins Downtown Plan LAND USE PLAN E Old CAY Center � ■ Canyon Aarnuc Neighborhood Fringe r f Poudm Riw Corridor LE Neighborhood Buffer oy r IVER Farreidelwauide Neighborhoods ` Ce RI C, Oi ueYe u roYoae nvn e C ML YAOYOLIA t O u O =I n nn` n in-rnn nn n N PRINCIPAL USES INCLUDE: FL Old City Center - Retail, dining, hotels, entertainment Canyon Avenue - Offices, government, high density resi- dential Poudre River Corridor - Special river activities, retail, residential, light manufacturing Neighborhood Fringe - Business services, convenience retail, auto oriented Neighborhood Buffer - Low/medium density residential, office Eastside/Westside Neighborhoods - Single family residen- tial DOWNTOWN PLAN r r e: 69 J. Encourage and support the location of a high quality hotel(s) in the Old City Center, Canyon Avenue, and the Poudre River .7 Corridor districts. K. Discourage drive-thru facilities in the Downtown except along Riverside Drive. Drive-thru facilities as an accessory use may be permitted in the Canyon Avenue and Poudre River Corridor dis- tricts if sufficient evidence is provided to demonstrate its compati- J bility with the urban design, pedestrian and environmental policies of this plan. 7A L. Strengthen the economic development of the Canyon Avenue District as a major employment area with concentrated office acti- vity and preserve its historic buildings. M. Maintain and promote service-oriented businesses such as finance, insurance, government, real estate, medical, law firms and -� the like, in the Canyon Avenue District. N. Encourage high density multi-family residences, hotels, health clubs, restaurants, and cultural/entertainment facilities in the Canyon Avenue District to add diversity and activity beyond the working day. O. Allow other uses that are supportive of the principal office uses in the Canyon Avenue District including quality hotels, day care facilities, personal service shops, and business service uses (print shops, office supply, etc.) that provide for the needs of Downtown employees and businesses. P. Promote and encourage the development of activities support- ing the Lincoln Center along Canyon Avenue including quality hotels, restaurants, artist studios and galleries. Q. Locate the highest density residential development in the Canyon Avenue District. R. Encourage the location of light manufacturing uses, research _. and scientific laboratories, and similar uses on the underutilized and vacant properties in the Canyon Avenue District north of LaPorte Avenue. S. Permit destination retail uses, light manufacturing, research and scientific laboratories and similar uses in locations within the Poudre River Corridor District that are compatible with the scenic, natural, recreational and historical values of the river. DOWNTOWN PLAN 70 T. Encourage the development of a special riverfront area that mixes hospitality, hotel, recreation, entertainment, culture, and some limited retail land uses in the Poudre River Corridor District being especially sensitive to the natural features of the river. Specific activities which should be encouraged in this area include a new performing arts theatre, an open air amphitheater, botanical gardens, preservation of important wetlands and vegetation, and water related recreation. U. Encourage new single-family detached and attached units, F medium density residential land uses, and elderly retirement hous- ing in appropriate areas of the Poudre River Corridor District. E V. Preserve a transition or cushion of lower intensity, compatible land uses, known as the Neighborhood Buffer District between the residential Neighborhood District and the more intensive commer- cial areas. In the Neighborhood Buffer District, the following uses will be encouraged: C - low intensity professional offices and personal service shops C - single-family, multi-family (maximum four-plex), boarding, room- E ing and bed and breakfast inns - churches - basement apartments ' - child care centers - group homes and elderly retirement homes. C W. Encourage a mix of land uses in the Neighborhood Buffer E District, and foster the rehabilitation and/or renovation of existing structures. X. Allow neighborhood retail such as business service uses, conve- nience retail, and auto-oriented establishments along the west side E of Riverside Drive known as the Neighborhood Fringe District. Y. Encourage upgrading the appearance of buildings and sites in the Neighborhood Fringe District. Z. Protect and enhance those areas of the Downtown that are predominantly residential. - AA. Encourage low intensity residential uses in the predominantly residential neighborhoods, including but not limited to single- family, multi-family (maximum three-plex), and group homes. DOWNTOWN PLAN 71 BB. Allow other compatible land uses in the predominantly resi- dential areas to the extent that they reinforce and do not detract from the primary low density residential function of the neighbor- hood including, but not limited to: - churches, schools and public/quasi-public recreational uses - accessory uses, such as group homes - appropriately treated accessory dwelling units - multi-family dwellings as permitted under the applicable Neigh- borhood Plan :7 - day care centers. OLICY 2 — LAND USE ategic Action Chart IndexF Tim 9 Implementing Agency T t s Coordin• Possible ° ' s Lead atin Funding < - z ° s g Source i Regulations ° I. Eliminate the existing conventional zoning designations i in Downtown and adjacent residential neighborhoods and establish a mixed-use zoning district(s) based on ' DSO DDA/PVT CDBG/ the Downtown Plan. GRANT i 2. Annex all unincorporated areas within the Downtown corridor of the Poudre River and zone RC, River DSO Corridor District. r PVT 3. Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to RC, ✓ DSO PVT River Corridor District. 4. Prepare general design guidelines for new development and redevelopment which reinforces the uniqueness i CDBG/ and distinctiveness of the districts. DSO DDA/PVT GRANT DOWNTOWN PLAN i� 72 POLICY 3 - SPECIAL LAND USE OPPORTUNITIES Downtown is unique because it has a number of vacant and/or Es underutilized land parcels of various sizes that are available for development and redevelopment. It also contains a number of sig- nificant buildings and structures which, because of their historical En and/or architectural character and strategic location, have redevel- opment potential. The Cache La Poudre River is another C untapped resource that offers tremendous opportunity to become a C unique place in the Downtown. These areas and structures provide the most likely opportunities to introduce new uses and activities complementing the traditional Downtown functions without dis- rupting the existing Downtown fabric. Major Poticv Aggressively explore, develop and take action to attract major retail, government, cultural, educational, entertainment, recre- ation and employment anchors including new housing develop- ment, that enhance the Downtown as the preeminent business, retailing, and cultural center of the region. And Furthermore., A. Actively foster the growth and attractiveness of the Down- town, to enhance its competitive position with other commercial areas in the region. B. Permit destination retail uses, light manufacturing, research and scientific laboratories and similar uses in locations within the E Poudre River Corridor District that are compatible with the scenic, natural, recreational and historical values of the river. C. Encourage the development of a special riverfront area that mixes hospitality, hotel, recreation, entertainment, culture, and some limited retail land uses in the Poudre River Corridor District E being especially sensitive to the natural features of the river. Specific activities which should be encouraged in this area include a new performing arts theatre, an open air amphitheater, botanical gardens, preservation of important wetlands and vegetation, and water related recreation. E DOWNTOWN PLAN rI r 73 +. Fort Collins Downtown Plan SPECIAL OPPORTUNITIES M DbY11 .Retail Primary Employment SYCAMORE Housing cxeaav C GOtemmem Center I FEE] ❑ V Special River Area t J nMArLe +' Ae " mt • Special RCdewlnpment Projrn �IIILJII�I IIIL�..jlljl � � p + IL � awC�a�_���a�C� I GUY uCa LAMATBRA + �� ❑ '�' � � �MG❑ u���Ja� $y�A LL���� -.S.nw � f � s5p } �;` �c MOUNTAIN ct x Olt 2a� FEJE 4 ❑ ❑ ❑ ❑'Da ❑ ED ❑ ❑ ❑ W OLIVE MAGNOLIA ❑ ❑ ❑❑ C� ❑=qp ❑ EE DE ❑ uaouna T ECJ Ed MI IEI FIF1 F ',I l 7 1 F1 II F-� F7F F7 II 7I III MMY.Ie/ USES INCLUDE: Destination Retail - discount supermarket, home improvement center, home furnishing center Primary Employment - office/showrooms, incubator offices, retail/showrooms Housing - low, medium, high density residential orernment Center - mixed use, private/public facility pecial River Area - culture, arts, recreation, entertainment, open space, etc. Special Redevelopment Project - office, education, retail, entertainment, dining, etc. E DOWNTOWN PLAN 74 D. Encourage new single-family detached and attached units, medium density residential land uses, and elderly retirement hous- ing in appropriate areas of the Poudre River Corridor District. E. Encourage the location of light manufacturing uses, research and scientific laboratories, and similar uses on the underutilized and vacant properties in the Canyon Avenue District north of LaPorte Avenue. C F. Develop Block 31 as a new, first class City and County gov- ernment center housing a variety of public and private services C and activities. C G. Encourage and support the location of a quality hotel(s) in the Old City Center, Canyon Avenue, and the Poudre River Corridor An districts. H. Encourage new housing opportunities on undeveloped proper- FM ties within the Downtown area. I. Actively support and encourage the appropriate redevelopment FL of architecturally or historically significant and underutilized buildings in the Downtown. E C E E E E G S DOWNTOWN PLAN A 75 POLICY 3 — SPECIAL LAND USE OPPORTUNITIES Strategic Action Chart Index Actions Timing Implementing Agency Possible a Lead Cari _ng Funding 8 e e Source rojects io 3.1 1. Prepare a development study for a future government ✓ CMO/LC DSO/ASO/ OTHER center on Block 31. DDA 3.2 2. Explore opportunities for a public and private parmer- DSO/ASO/ ship in the development of Block 31. ✓ CMO/LC DDA OTHER 3. Study the feasibility of a new cultural/performing ✓ CLRS DSO/DDA OTHER arts center in the Downtown. 4. Study the feasibility for Botanical Gardens in the ✓ CLRS DSO/DDA VT/GRANT/ Downtown. CDBG Programs a1 5. Actively recruit new facilities for higher education. ✓ DDA CSU/PVT UW 3.6 6. Establish a program to recruit major anchors to the ✓ DDA PVT Downtown area. 7. Provide public financial incentives for construction of ✓ DSO DDA/HA new housing and for upgrading of existing homes. i8. Study public acquisition opportunities of unique and ✓ DSO CA/CLRS valuable sites along the Poudre River. egulations 9. Provide incentives in the Zoning Code to encourage Id DSO DDA/HA the development of new housing. Q DOWNTOWN PLAN n 76 POLICY 4 - HOUSING Opportunities for housing for all income levels, family types and a�s age groups, within or near the Downtown area are important for continued success. A residential population creates an extended cycle of activity, provides a ready market for retail uses, and establishes a lobby for quality public services and infrastructure. Downtown must offer a unique lifestyle otherwise unavailable in suburban locations. In addition to proximity to the work place, Downtown must provide residents with round-the-clock opportuni- ties, diversions, and entertainment. Downtown must be supported by convenience retail, services, parks, cultural activities (theatres, movies, museums, libraries, concerts, etc.) and a critical Fn mass of people sharing similar lifestyles. Improving the vitality and attractiveness of the area will create momentum for develop- v ing and marketing activities which will position Downtown as a _ desirable place to live. The plan calls for increased residential development in the office and retail cores. It encourages the preservation and enhancement of existing, adjacent residential neighborhoods. Expanded housing opportunities in appropriate areas of the Downtown Corridor of the Poudre River will present a strong appeal to singles, couples C and families who desire a close-in location and a unique residen- C tial living environment. Compatible residential densities and sensitivity to proposed developments in or near existing, stable residential neighborhoods are important philosophies of the plan. E Major Policy CC Provide a mix of housing types for all income levels, family L types, and age groups, with a variety of prices and rent lev- els. Protect stable residential neighborhoods adjacent to the cm Downtown from commercial encroachment. And Furthermore., A. Foster the growth of housing to help reinforce the Downtown as a lively urban place, especially during evenings and weekends. B. Expand the supply and diversity of residential housing types. f ti R DOWNTOWN PLAN Q 77 C. Plan for and provide adequate convenience retail services, ample cultural activities, parks and other activities, and services necessary to support an expanding residential base. D. Encourage redevelopment of upper stories of existing buildings in the Downtown area for apartments. E. Encourage high density multi-family residences and hotels in the Old City Center and Canyon Avenue districts to add diversity and activity beyond the working day. F. Encourage new single-family detached and attached units, medium density residential land uses, and elderly retirement hous- ing in appropriate areas of the Poudre River Corridor District. G. Encourage low intensity residential uses including single- family, multi-family (maximum four-plex), boarding, rooming, bed and breakfast inns, and group_and elderly retirement homes, as a buffer or transition between the commercial areas and the residen- tial neighborhoods. H. Encourage low-intensity residential uses in the predominantly residential neighborhoods, including but not limited to single- family, multi-family (maximum three-plex), and group homes. I. Conserve and encourage rehabilitation of existing housing stock in the predominantly residential neighborhoods. J. Provide for the replacement of low income housing that is lost as a result of development and redevelopment of the Downtown area. J rr J DOWNTOWN PLAN 78 Fort Collins Downtown Plan HOUSING PLAN E LY ■ DOWIILOMT ■ Hisb C ® Majium R`r� &a� POUDRE P.Ixi.Ria RIVER � o ,od KOW _ 1 POUDRE RIVER J N O I E a� p - CACHE LA ROUORC RIVER MULI YAONOP 'ai::� 'S' Y �Ii In nn nn nnnn nn"nn NRY 1. � nn nn nn nn n�� r-�--�,- LOW E USES INCLUDE: Downtown - special, second story apartments, hotels C High - high density (40+ du/acre), multi-family, hotels Medium - medium density (12-20 du/acre), multi-family (four-plex maximum), boarding, rooming and "bed and breakfast inns" Low - low density, single family, duplex and triplex multi-family Poudre River - mixed density, all residential types E DOWNTOWN PLAN +V a 79 POLICY 4 — HOUSING Strategic Action Chart Index Actions Timing Implementing Agency s 1 1 Lead Coordin- Possible g _ e ating Funding < " Z a SOU[Ce Programs I. Provide public financial incentives for construction of new housing and for upgrading of existing homes. DSO DDA/HA 2. Establish an Awards program for housing construction and rehabilitation. ✓ DDA HA/DSO Regulations 3. Provide incentives in the Zoning Code to encourage the development of new housing. ✓ DSO DDA/HA 4. Establish design and impact evaluation criteria for conversions of single family to more intense uses in ✓ DSO PVT s� existing residential neighborhoods. 5. Investigate legal and financial tools to mitigate the loss of low income housing units and displacement of ✓ DSO HA/DDA low income families. d G. Eliminate the existing conventional zoning designations in Downtown and adjacent residential neighborhoods CDBG/ and establish a mixed-use Downtown zoning district(s) DSO DDA/PVT 11 based on the Downtown Plan. GRANT 7. Study and make recommendations on building code amendments needed to allow safe, cost-effective creation ✓ DSO DDA/HA/ of second-story apattmencs and rehabilitation of PVT existing dwellings. DOWNTOWN PLAN 1s 80 POLICY 5 - CULTURE. RECREATION. ENTERTAINMENT AND EDUCATION Expanding the cultural, recreation, entertainment and educational opportunities in the Downtown is an important strategy to enliven the entire Downtown, especially after normal working hours. The Poudre River, orchestral recitals, art shows and displays, movie theatres, sporting events, etc., have the potential of drawing a broad base of consumers to the Downtown to shop or dine. At the same time, Downtown's attractiveness as a living and working environment will be enhanced. Maior Policy h Promote and expand facilities, programs and events that rein- force the Downtown as the center for cultural, recreation, and entertainment in the community and region and expand educa- tional opportunities in the Downtown. And Furthermore.. LEE A. Encourage the support of performing and visual arts in the Downtown. .� It B. Promote the purchase and display of public art. C. Encourage artists, crafts people and entertainers to live and !� work in the Downtown area. D. Increase the number, diversity and clustering of public and private art and entertainment facilities. E. Plan for and promote the Downtown Corridor of the Poudre River as a recreational, historical and natural resource. F. Encourage the development of a special riverfront area that mixes hospitality, hotel, recreation, entertainment, culture, and some limited retail land uses in the Poudre River Corridor District being especially sensitive to the natural features of the river. _ Specific activities which should be encouraged in this area include a new performing arts theatre, an open air amphitheater, botanical gardens, preservation of important wetlands and vegetation, and water related recreation. DOWNTOWN PLAN 81 G. Encourage a partnership between educational, cultural, and business institutions to improve opportunities for learning and expanding Downtown's employment base. H. Expand opportunities for providing education programs and facilities located within the Downtown area. POLICY 5 — CULTURE, RECREATION, ENTERTAINMENT AND EDUCATION Strategic Action Chart Index Actions Timing Implementing Agency y 3 Lead Coordin- Possible s ating Funding is Source Projects 1. Study the feasibility of a new cultural and performing t11 arts center in the Downtown. ✓ CLRS DSO/DDA OTHER 2. Place public art along major pedestrian ways, at q3 gateways, and at other areas of high pedestrian activity. CLRS DDA/PVT PVT 8.1 3. Commission major art work(s) to be placed on the islands on Canyon Avenue at Oak, Olive and Magnolia CLRS DSO/DDA/ PVT Streets. PVT 4. Explore the creation of a children's museum in the DSO/DDA/ Downtown. ✓ CLRS PVT PVT Programs 5. Investigate options for requiring developers of large projects to provide public art and/or pay a fee in lieu ✓ CLRS DSO/DDA/ of for purchase of art. PVT 6. Create a small donor program to purchase public art DSO/PVT/ for public places. CLRS DDA PVT 7. Investigate the feasibility of establishing a special tax district for the arts. ✓ CLRS DDA/PVT 5.8 8. Explore opportunities for creating a Downtown Campus. ✓ DDA PVT/CSU ITEM NO. 4 MEETING DATE 4/5/ni STAFF Ted Shepard City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Poudre Development Rezoning, #1-01 APPLICANT: Poudre Development Ltd. C/o Stanford Real Estate 3555 Stanford Road OWNER: Poudre Development Ltd. C/o J. Thomas Chandler 418 Linden Street Fort Collins, CO 80524Same PROJECT DESCRIPTION: Request to rezone the Poudre Development parcel from T, Transition, to C-C-R, Community Commercial River. The parcel is 21.7 acres in size and located on the east side of the Poudre River bounded by Linden Street, Buckingham Street and First Street. Buckingham Park forms the southeast border of the site. The parcel was zoned T upon the adoption of City Plan in March of 1997. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The parcel was rezoned in March of 1997 as part of the City Plan city-wide rezoning from R-C, River Corridor to T, Transition. The one-year grace period to rezone out of the T zone district as a "hot spot' with no application fee has since expired. The parcel is designated on the City Structure Plan as "Downtown" and within the "Poudre Study Area" overlay. The request to rezone, therefore, complies with City Structure Plan., The request also complies with the Downtown Plan, 1989, which was the genesis for the City Structure Plan designation. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. PO.Box 580 Fort Collins,CO 80522-0580 (970)221-6750 PLANNING DEPARTMENT Poudre Development Rezoning, #1-01 April 5, 2001 P & Z Meeting Page 2 COMMENTS: 1. Background: A. The surrounding zoning and land uses are as follows: N: E, Employment; Existing Natural Area (Gustav Swanson) N: E, Employment; Existing Industrial Park (Rand-Scott Corporation) N: I, Industrial; Existing Brewery (New Belgium Brewery) S: POL, Public Open Land; Existing Neighborhood Park (Buckingham) E: R-L, Low Density Residential; Existing Residential (Buckingham Neighborhood) W: R-D-R, River Downtown Redevelopment; Existing Concrete Batch Plant The site is adjacent to the Poudre River and was annexed in the early part of the 20"' century as "Buckingham Place." In the 1960's, the site was zoned IG, General Industrial, which was the City's most permissive zone district at the time. In October of 1996, the parcel was included in a larger rezoning which downzoned the downtown IG properties to R-C, River Corridor in order to implement the Poudre River Trust Land Use Policy Plan (1986) and the Downtown Plan (1989). B. City Plan Rezoning In March of 1997, in order to implement City Plan, new zoning districts were established and much of the City was rezoned. There were several parcels, however, where the exact nature of the future anticipated land uses were difficult to predict. These parcels were placed into the T, Transition zone district and allowed one year to be placed into a district without having to pay an application fee. These parcels became known as the "hot spots." The subject parcel is a former "hot spot" and the one year exemption has since expired. C. Current Request In the four years since the City Plan rezoning to T, the city has undertaken the Downtown River Corridor Implementation Program. This comprehensive project examined strategies to implement objectives and visions of the various approved plans for the area bounded by Legacy Park on the northwest and Mulberry Street on the southeast. The owner of any property in the T district may at any time petition the city to remove the property from this zone district and place it in another zone district outside the biannual review process. Any such petition is referred to the Planning and Zoning Poudre Development Rezoning, #1-01 April 5, 2001 P & Z Meeting Page 3 Board. Within 60 days from the date the matter is considered by the board, the City Council shall change the zoning for property in question to another zone district. 2. Structure Plan: The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Downtown" and included in the "Poudre River Study Area" overlay. The Downtown designation provides for several zones and sub-districts including the C-C-R, Community Commercial River, and R-D-R, River Downtown Redevelopment zone districts. Therefore, the request is in compliance with the City Structure Plan. 3. Request for C-C-R Zoning — Section 2.9.4 (H): The request to rezone is considered quasi-judicial since the parcel is less than 640 acres. There are five standards that may be used in evaluating a request for a quasi- judicial rezoning. These standards, and how the request complies, are summarized below: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As mentioned, the parcel is designated as "Downtown" and within the "Poudre River Study Area." on the City Structure Plan. The purpose statement for the C-C-R zone states: "The Community Commercial — Poudre River District (C-C-R) is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage. This District provides locations for redevelopment or development of moderate intensity uses that are supportive of Downtown, subject to floodplain restrictions. Such redevelopment or development shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown. The main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties." Therefore, by being in compliance with City Structure Plan, and by complying with the purpose of the C-C-R zone district, the rezoning request complies with this criterion. Poudre Development Rezoning, #1-01 April 5, 2001 P & Z Meeting Page 4 B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. The request is based on compliance with the City Structure Plan, not by a change of conditions within the neighborhood. Therefore, this criterion is not applicable. C. 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 list of permitted uses for the C-C-R zone district is attached. These uses are primarily designed to support and complement Downtown and yet not compete with Downtown. The 1989 Downtown Plan designates the subject parcel as "Poudre River," with the following land use opportunities: • Retail • Employment • Housing • Government Center • Special River Area Upon examination of the list of permitted uses, and upon examination of the existing and proposed uses surrounding the site, Staff finds that the land uses offered by the proposed zone district will be compatible with the general area. Therefore, Staff finds this criterion to be satisfied. D. 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, stornwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The property is vacant. It is impossible to predict future impacts absent a development proposal. Any development under the proposed zoning of C-C-R would be held to the environmental protection standards in Article Three and the development standards of Article Four. In addition, all applicable stormwater and floodplain regulations would govern in the review of any development proposal. Staff, therefore, finds this criterion to be satisfied. Poudre Development Rezoning, #1-01 April 5, 2001 P & Z Meeting Page 5 E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The rezoning would help implement the vision of the walkable, mixed-use neighborhood. According to City Plan, under"Type of Places," the neighborhood is described as follows: "Neighborhoods•—As the dominant and most important areas within our city, neighborhoods will serve as the primary building blocks. Neighborhoods will be walkable and connected, and will include a mix of housing types. Neighborhoods will include destinations within walking distance, such as schools, parks, neighborhood and convenient shopping, and civic uses." The proposed rezoning helps implement this vision by allowing a broader mix of land uses to be located within walking distance of an established neighborhood. In addition, the rezoning would allow the surrounding residential area to enjoy a wider range of needs of every day living and the potential for services, conveniences, and gathering places that can be integrated into streets and sidewalks of the Downtown and Buckingham neighborhoods. Finally, development of this site would be considered infill as opposed to new development on the fringe of the urban area. 4. Findings of Fact: In evaluating the request for Amendment to the Zoning Map for Poudre Development Rezone from T, Transition to C-C-R, Community Commercial — Poudre River District, Staff makes the following findings of fact: A. The City Plan rezoning in March of 1997 rezoned the parcel from R-C, River Corridor to T, Transition. The one-year grace period to rezone out of the T zone district with no application fee has since expired. B. The parcel is designated on the City Structure Plan as "Downtown" and within the "Poudre Study Area" overlay. C. The request to rezone, therefore, complies with the City Structure Plan. The request also complies with the Downtown Plan, 1989, which was the genesis for the City Structure Plan designation. D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. Poudre Development Rezoning, #1-01 April 5, 2001 P & Z Meeting Page 6 RECOMMENDATION: Staff recommends approval of Poudre Development Rezone, Amendment to the Zoning Map from T, Transition to C-C-R, Community Commercial — Poudre River District Recommendation to City Council, #1-01. ���°,�D• •� . � � � 11111 IIIIII �� IJ � wo `�ri11.�.111111►� �► '■ i ■11111= =ice= ■ :.7 1■IIIIII, mill lI oil MEN • 1 Fort Collins m ; '; ;444:::;; Downtown Plan cal m a.n C ONCEPT PLAN '� ,: r hrsUBt;R••'.• ':,:r:} ;: Land Uses Old City Center aaas>sir Major Pedestrian Network a +`• ': 8t11 ' 'X CHNTH kii5.. Canyon Avenue a�a>♦ Major Bicycle Route :Aryy to fit` �E Poudre River �� Trolley Route Euenabo ✓. . :{}? t(. ' C _ Fringe aaaassis Transit Route f ✓ -t J - Eastside/Westside t, Transit Center Neighborhoods $]a r(,b]]]pB : t Landmark Buffer (HistorW Ark 1 A SigniPcant$Idg) OpenSpace/Park * Gateway•ti Ind: U KI A r Land Use Opportunities Redevelopment Site Retail ® streetaxPeImProvemeat .• : •:'•; :}?:, y� ...:::..::t: '' i:Ec} Employment Street ExtemioNAiignment ,:::�., :t:•,•�:;?.;'; H::': Housing aaaa� Alley Improvement :j:'7, :,:; .,y�'; : .;'Crti':'.':•: ' ►7 :. .:: :;:G:- Government Center * Pedestrian Pads Special River Area X.. s 'r••. ?�• ucldnggh�a.� low ...l1wlBltpl� ' � r °�. + �✓�••'''7`' 11 � +�' CITY OF FORT COLUNS REZONTNG PETITION Petitioner. Name Address -%l8 1-9% �. S S�t 4D ,&s . Co ��Szq.. z428 Owner Name Address ?v t.g�4- Ca 8as2.4 —Z4Z S nt""C-5 U To the City Council of the City of Fort Collins, Colorado. I (We), the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of�he hereinafter described parcel, containing Z_7 acres more or less, from zoning district to CCP—xoning district: (Legal description) Reason for Request (Please attach additional sheets if more space is needed.) Please attach listing of nantes and addresses of all persons owning land (ns per Larimer County Assessor'i office on slate or request) wirhin _T) feet of any portion of the area under petition For rezoning. RespcaCully submitted, UL. 12L4�, State of Colorado) ss. County of Larimer) �i T e forgoing instrument was acknowledged before me this day of Is- BYCb4WJ0k- for the purpose therein set forth. My commission expires y Notary Public Note. Filing or a petition to rezone requires a deposit or with the City Clerk to defray the cost or the amendment. Pleasc return to the Planning Department - City of Fort Collins. SEP-13-2000 13: 10 9e% P.03 Reason for Request: (Please attach additional sheets if more space is needed.) Please attach listing of names and addresses of ail persons uwning land (as per Larimer County Assessor's office on date or request) within 500 feet of any portion of the area under petition for rezcamg. Rcspccdully submitted. - 1 State of Colorado) ss. County of Lorimer) T e forgoing instrument was acknowledged before me this � � day of i73-Z,F.r3�. J � BY �N-. for the purpose therein se: forth. My commission expires V_ Notary Public Note: Filing of a petition to rezone requires a deposit of with the City Clerk to defray the cost of the amendment. Please return to the I'lanning Department - City of Fort Collins. SEP-13-2000 13:10 9e% P.03 . Written Justification: The parcels in question have been of great interest to the community and to the City of Fort Collins. A number of plans have studied the area in question. Most recently, the Downtown River Corridor Plan. One of the priorities of that plan is to acquire the property for public use, especially for an amphitheater site, open space and trails. The site is the subject of a current FEMA application to provide flood protection to the Bucldngham/Lincoln Ave. area. The parcel consists of a total of 21.7 acres, according to a survey prepared by James H. Stewart&Associates and have been owned by many years by Poudre Development, Ltd. Neighborhood Characteristics: The subject property is located at the periphery of the central core of downtown Fort Collins, in a transitional area immediately east of Old Town. The subject is located in the Downtown River Corridor District, immediately east of the CBD. The district is bounded by Riverside Avenue/Jefferson Street to the southwest, North College Avenue to the west, East Vine Drive and Lincoln Avenue to the north, East Mulberry Street to the south, and approximately North Lemay Avenue and 1" Street to the east. The general neighborhood has a rich history and is experiencing significant changes over time. The intersection of Linden and Willow Streets was the original location of the Military Camp Collins Parade Ground. Several mills have been constructed in the area as well as a hotel and railroad depot, which were constructed around the turn of the century. The original Fort Collins in which the city oriented its name is in the subject's general neighborhood. Neighborhood Boundaries: The major arterials and street boundaries for the subject neighborhood are noted in the table below. Major Arterials: North/South: College Ave Riverside Ave. South Lemay Ave. East/West: Mulberry St. East Vine Dr. East Prospect Rd. Lincoln Ave. I Radius Ym Subject Property I 1 mile 3 mile Pcpulat'on: 2004 Projecton 7,892 73,861 1999 estimate 7,384 70,074 1990 Census 6,094 60,340 1980 Census ' 6,045 57,777 Growth: 1990-80 Census -10.98% 4.4% of Households (HH): 2004 Projection 3,880 29,366 1999 estimate 3,625 27,713 1990 Census 2,975 23,492 1980 Census 3,279 20,788 Growth: 199Q 80 Census -9.26% 13.01% % Owner Occupied 34.93% .3 %48 1990 Avg HH Size 2.02 ( 2.394 1999 Avg HH Income: 1 $33,330 $48,147 Source: National Oedsion Systems As can be seen, the downtown population declined during the 1980's, but has rebounded significantly since 1990. The population increased 21%between 1990 and 1999 within a 1 mile radius. The population is further projected to increase 6.8% and 5.4%, respectively within a 1 and 3 mile radius. A high percentage of housing is renter occupied within the neighborhood, at 65% and 51%, respectively. This is indicative of the dose proximity of the Colorado State University campus and student housing. Neiahborhood Trends: Notable Developments, The Poudre River corridor is considered to be a transitional neighborhood. The area is physically disconnected from downtown by Riverside/Jefferson Street. Development has lagged in the area, in large part, because of the high potential for flooding. Both the City of Fort Collins and local developers have shown a recent interest in redeveloping the area along the Poudre River. The Poudre River has up until now not been thought of an amenity to downtown Fort Collins. However, city planners and developers are now beginning to see the potential of the Poudre River, in the same way as the Platte River Valley in Denver has recently become an amenity. Development and redevelopment is seen as an extension of the existing downtown uses. The Poudre River is located in dose proximity to Old Town. The land are along Linden Street between Jefferson Street and the Poudre River will likely be developed first, as Old Town is only two blocks to the west. I Radius ,ftm Subject, Prccertty I 1 mile 1 3 mile j I Pcpulatlan: 2004 Projecan 7,892 73,861 1999 estimate 7,384 70,074 1990 Census 6,094 60,340 1980 Census ' 6,045 57,777 Growth: 1990-80 Census 1 -10.98% 4.4% of Households (HH): 2004 2004 Prcjectcn 3,880 29,366 1999 estimate 3,625 127,713 1990 Census 2,975 23,492 1980 Census 3,279 Z0,788 Growth: 199Q 80 Census -9.26% 13.01% , k Owner Occupied 34.93% 48.39.o 1990 Avg HH Size I 2.02 I 7.34 1999 Avg HH Inane: $33,330 I $48,147 Scurce: Nadonal Cecsicn Sys' As can be seen, the downtown population declined during the 1980's, but has rebounded significantly since 1990. The population increased 21%between 1990 and 1999 within a 1 mile radius. The population is further projected to increase 6.8% and 5.4%, respectively within a 1 and 3 mile radius. A high percentage of housing is renter occupied within the neighborhood, at 65% and 51%, respectively. This is indicative of the close proximity of the Colorado State University campus and student housing. Neighborhood Trends: Notable Developments, The Poudre River corridor is considered to be a transitional neighborhood. The area is physically disconnected from downtown by Riverside/Jefferson Street. Development has lagged in the area, in large part, because of the high potential for flooding. Both the City of Fort Collins and local developers have shown a recent interest in redeveloping the area along the Poudre River. The Poudre River has up until now not been thought of an amenity to downtown Fort Collins. However, city planners and developers are now beginning to see the potential of the Poudre River, in the same way as the Platte River Valley in Denver has recently become an amenity. Development and redevelopment is seen as an extension of the existing downtown uses. The Poudre River is located in close proximity to Old Town. The . land are along Linden Street between Jefferson Street and the Poudre River will likely be developed first, as Old Town is only two blocks to the west. The City of Fort Collins is physically constrained and, consequently, the most logical redevelopment is east toward the river. The area surrounding Old Town is also a center for local government, including the City Hall and Larimer County Court House. Consequently, the area within the subject neighborhood is seen by the City of Fort Collins as an opportunity to develop new cultural facilities. One of the major keys to redevelopment of the area is the development of the subject site. The City of Fort Collins would like to develop a 2,500 seat open air amphitheater on the northeast bank of the Poudre River at the subject site, as well as widening the river to restore wetland and wildlife habitat. The area east of Riverside Avenue and west of the Poudre River is currently industrial in character. This area has the greatest potential for redevelopment and is a logical extension of Old Town. Old Town is a mix of historic buildings that have been converted into new retail and office development. Old Town was renovated in the early 1980's and original with Old Town Square, containing 120,000 square feet. Numerous renovations following, including the Loomis Building and the Linden Hotel. The Linden Streetscape further enhances the pedestrian image of Old Town. The New Belgium Brewery is located immediately adjacent to the subject. The owners of the brewery have purchased, or have under option, 50 acres of land on the north side of Buckingham Road, west of North Lemay. Plans are to develop half of the property for brewery expansion. The remainder of the property will be developed with a community building, a possible lodge, or high end farmer's market. A prominent developer, Bill Neal, has been interested in this area of Fort Collins and has plans to develop the Sears Trostel Lumber and Hardwoods property. This project will be a joint venture with developer Kevin Hart from Boulder. The building will have a 12,000 square foot footprint and will contain two floors of office and three floors of residential lots, similar to what is being developed in Boulder or Denver. A parking garage is also being considered which might be jointly developed with the City of Fort Collins. The mixed use project is approximately one year away from development approval and requires approximately$10 million in equity. The first floor of this building may include Wild Oats, an urban scale grocery store. Neal also had an option for the Link-N-Greens Gold Course property; however, the option has expired. Neal is actively attempting to renew the option. Plans are to develop the Link-N-Greens golf course with an Imax Theater, museum and conference center. Plans are to redevelop 9 holes of the course and retain the remaining 9 homes. In addition to the retail entertainment and residential mix, plans for the river front include restoration of the original parade grounds of the 19t°century calvary fort as a public square, a farmers market and a Native American cultural and . historical center. The City of Fort Collins has a river corridor implementation program planned for development of the area. Plans are to restore and enhance the banks of the river and adjacent lands in the downtown corridor to restore wildlife habitat, improved bike trail and flood plain mitigation. Streetscape improvements are also potentially being considered along Linden, Willow and Lincoln Streets. The property is proposed for CCR zoning. This zoning designation of Community Commercial Poudre River District, seems to have the best fit, based on current city plans and policies, as well as neighborhood development patterns. The purpose of CCR is for downtown fringe areas in the Cache La Poudre River corridor to provide locations for redevelopment or development of moderate intensity uses. This zoning designation has been discussed at length with City Staff in preparing this application. We believe it is quite supportable. program planned for development of the area. Plans are to restore and enhance the banks of the river and adjacent lands in the downtown corridor to restore wildlife habitat, improved bike trail and flood plain mitigation. Streetscape improvements are also potentially being considered along Linden, Willow and Lincoln Streets. The property is proposed for CCR zoning. This zoning designation of Community Commercial Poudre River District, seems to have the best fit, based on current city plans and policies, as well as neighborhood development patterns. The purpose of CCR is for downtown fringe areas in the Cache La Poudre River corridor to provide locations for redevelopment or development of moderate intensity uses. This zoning designation has been discussed at length with City Staff in preparing this application. We believe it is quite supportable. Pf&,)Ifap •`� 4• ��a rw C 41 It / Y / �� � ��a+—•se•�air.---�•..zc_ .aa c.. I— eye eT � �\ j� d'.I� •il N Y, L� • Division f 16,Community Comnereial-Poudre River Dutriet DHisbm 4:16 Divism 4.16 COMMUNITY COl1ERC1AL-POUDRE RivER DwmCP(C-C-R) )" ° (A) Purpose. The Community Commercial-Poudre River District(C-C-R) is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage. This District provides locations for redevelopment or development of moderate intensity uses that are supportive of Downtown,subject to floodplain restrictions. Such redevelopment or development shall be compatible with the scenic, cultural,natural and historical context of the River and Downtown. A main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties. (B) Permitted Uses. (1) The following uses are permitted in the C-C-R District,subject to Building Permit review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2 Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat,or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four (41 dwelling units),provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was, permitted for a specific parcel of property pursuant to the zone district regulations Article 4,Page 108 supp.9 RECEIVED Julie Horton APR 1 2 2001 1321s'St Ft Collins, CO 80524 April 11, 2001 City of Ft Collins 281 N. College Ave PO Box 580 Ft Collins,CO 80522-0580 Dear Ted Shepard: This letter is concerning the Poudre Development Rezone — Type 11(LUC) — File #1-01. As a resident directly impacted by the proposal I want to voice my dismay that the city is considering a change in zoning. I currently pay over $350.00 a year in flood insurance and as the 100-year flood plane indicates, a flood is inevitable given historical facts. I feel as though our neighborhood is being placed in jeopardy. I would also like to request that the rezone sign be placed so that it is visible. It is currently tucked in front of a tree at the comer of Linden and Buckingham, making it only visible to those driving North on Linden. To reiterate I can not express my opposition to this proposal strongly enough. Sincerely, J to Horton NEIGHBORHOOD MEETING MINUTES PROJECT: Poudre Development Rezoning DATE: April 12, 2001 APPLICANT: Poudre Development LLC CONSULTANT: Mr. Tom Peterson, Stanford Realty Group PLANNER: Ted Shepard The meeting began with a description of the request to rezone the property out of the Transition zone district into the Community Commercial—Poudre River zone district. The property was originally zoned I-G, General Industrial. It was then down-zoned in 1996 to R-C, River Corridor in order to implement the Downtown Plan and the Poudre River Trust Land Use Policy Plan. During the 1997 city-wide rezoning for City Plan, the parcel was put into the T,Transition zone. Unless otherwise noted, all responses are from the consultant. QUESTIONS, CONCERNS, COMMENTS 1. What are the development plans for this property? A: There are no development plans at this time. 2. A while back there was discussion of an outdoor theatre by Parks and Recreation. Is that what's planned? A: The property remains under private ownership. It has not been sold to the City. There are no plans for an outdoor theatre. 3. What about the proposed dike that will take our neighborhood out of the floodplain? A: The owners have discussed the feasibility of constructing a dike to remove the neighborhood properties from the Poudre River floodplain with the City's Stormwater and Floodplain Management personnel. This idea is in the concept stage. There are no immediate plans for this project. 4. Would construction of this parcel require fill dirt like Wal-Mart? A. I do not know at this time. Development would have to comply with all the floodplain regulations of the City. S. Who are the owners? A: Mr. Keifer and Mr. Chandler have formed a corporation which owns the parcel. 6. What's the difference between an Administrative review and a Planning and Zoning Board review? A. An Administrative review is conducted by an Hearing Officer or the Planning Director whereas a Planning and Zoning Board review is conducted by the Planning and Zoning Board. Both are public hearings. Both require the green sign to be posted, a legal notice in the paper, and a letter to the affected property owners. The decision of both hearings can be appealed. 7. What uses do you envision? A. At this time I can only guess that development would be some form of mixed use. 8. Why not make this parcel an extension of Gustav Swanson? A: This has been considered. At this time, the owners and the City have not agreed to such a transaction. 9. When will Buckingham be widened? A: Buckingham is classified as a collector street. Developers are responsible for improving their abutting portion of the roadway and any off-site improvements as required to mitigate their traffic impacts. If there are no developers to do their share of the widening,then the City could do it as a capital project. 10. Would this include sidewalks? A: Yes, but if done by developers, then only on the side of the development. 11. It looks like half the site was cleaned up and the other half is still covered in branches and other stuff. What about all this other stuff? A: I will pass this concern along to the owners. 12. What about the New Belgium Brewery expansion? A: New Belgium has submitted an amended Overall Development Plan which will be forwarded to the Planning and Zoning Board in the next month or two. 13. Will this include their brewery water treatment facility? A: Not at the O.D.P. stage. The treatment facility will be a separate development proposal known as a Project Development Plan. 14. What about the downtown kayak course on the river? A: This has been looked at but there are no final plans at this time. - z�CF"�cTl �� t'�ToaE�e, �9 9 G I�✓HE.J P/9.�{L �✓�►.r 4e6 —Z ImBO Ff •M • 6• dB NeA.+A Zn/G0S7A.-AL, W 2 C ACTIVITY: Downtown River Corridor Z or NE I DEFINITION : All uses proposed for development as a P.U.D.within the Downtown River Corridor of the Poudre River. i_ a CRITERIA: Each of the following applicable criteria must be answered"yes"and implemented within the development plan. - YeS No N/A 1. Is the project in conformance with the adopted Poudre River Trust Land ❑ ❑ Use Policy Plan for the Downtown River Corridor? 2. Have all necessary precautions been taken to prevent all petroleum ❑ O ❑ R products and other hazardous substances which are stored and/or used on the site from leaking or draining into the groundwater system,streams, creeks,rivers,or other water bodies? G 3. Are all repair,painting,and body work activities,including the storage of ❑ ❑ ❑ refuse and vehicle parts,planned to take place within an enclosed structure? 4. DOES THE PROJECT EARN AT LEAST FIFTY(50%)PERCENT OF ❑ ❑ THE MAXIMUM POINTS AS CALCULATED ON THE i "DOWNTOWN RIVER CORRIDOR POINT CHART" FOR THE FOLLOWING CRITERIA? a. Is the proposed project a part of a Master Plan as defined in Section 2.5.2(5.1)of the Poudre River Trust Land Use Policy Plan,or part of a preliminary P.U.D.plan for the entire applicable"master R plan area"as shown on Figure 9 of the Poudre River Trust Land Use Policy Plan? b. Does the project contain two or more significant uses such as retail,office,industrial,residential, or recreational? c. Are residential uses included in the proposal? i • Take full credit("VW")if the project is primarily fifty(50%)percent or more of the total floor area residential. • Take partial credit C P ("yes' if residential uses are included as an accessory use. d. Does the proposal include uses that will provide employment for twenty-five(25)or more C employees per net developable area? Land Development Guidance System for Planned Unit Developments The City of Fort Collins,Colorado,Revised March 1994 - 80 Downtown River Corridor (continued) • Take full credit("V W")if anticipated employment is twenty-five(25)or more employees per net developable area. • Take partial credit("yes")if anticipated employment is less than twenty-five(25)employees per developable area,but more than four employees per net developable area. • Take no credit("no")if anticipated employment is less than five(5)employees per net developable area. e. Does the proposed landscape treatment extend and enhance adjacent natural resource areas? (Applicable for all sites including or adjacent to Preservation or Transition areas.) • The landscape treatment in Preservation Areas shall maintain and extend the cottonwood overstory/willow understory/native grass characteristics of the riparian areas.Alternative species may be established in Development Areas,with an appropriate transition to the Preservation Area. I. Does the project preserve and enhance Preservation or Habitat Areas as defined in the Poudre River Trust Land Use Policy Plan? (Applicable for all sites containing Preservation or Transition Areas.)Appropriate actions may include: • Participation in improvements in identified wildlife habitat areas in the Downtown River Corridor that are accessible to the public. • Provision of recreational fishing areas. • Provision of landscape treatment attractive to desirable wildlife.(Guidelines available through the Department of Natural Resources.) g. Does the project participate in necessary improvements to the Poudre River Trail system or provide other necessary recreational, interpretive,or rest area facilities that are accessible to the public? h. If the site contains a historically significant site,structure,object,or district,does the project fulfill the following criteria? 1. Prevent creation of influences adverse to its preservation; 2. Assure that new structures and uses will be in keeping with the character of the building or place.Imitation of period styles should be avoided;and 3. Assure that use of the site,structure,object,or district will lead to its continuance, conservation,and improvement. i. Does the proposal contribute to the implementation of specific educational or cultural policies adopted as part of the Poudre River Trust Land Use Policy Plan? Appropriate actions may include: Contributions to an approved local educational or cultural institution in at least the following amounts: • For a residential project,$100 per living unit. • For a non-residential project, 1/20 or one(1%)percent of the total project cost. Land Development Guidance System for Planned Unit Developments The City of Fort Collins,Colorado,Revised March 1994 -81 - EDowntown River Corridor (continued) F7j. Does Pactivity the provision of an outdoor amphitheater or other space for outdoor ccessible to the public,within the Downtown River Corridor. project of approved works of art that are accessible to the public,within the er Corridor. reduce non-renewable energy usage through the application of alternative energy systems or through energy conservation measures beyond those normally required by the Model Energy Code as adopted by the City?Refer to Appendix E for Energy Conservation Methods to use for calculating energy conservation points. r � i i I f i Land Development Guidance System for Planned Unit Developments The City of Fort Collins,Colorado,Revised March 1994 _ 82- RAF L Planning and Zoning Board Minutes March 15, 2001 Page 4 Project: Poudre Development Rezoning, #1-01 Project Description: Request to rezone the Poudre Development parcel from T, Transition, to CCR, Community Commercial River. The parcel is 21.7 acres in size and located on the east side of the Poudre River bounded by Linden Street, Buckingham Street and First Street. Buckingham Park forms the southeast border of the site. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Betty Aragon, 140 2nd Street, advocate for the Buckingham Neighborhood, stated that the neighborhood does have concerns about the development they are looking to put in the Oxbow. They have been told rumors, and they would like to go on facts. There has not been much citizen outreach, and this is her concern. If they are planning on doing something so close to the neighborhood, there should be outreach to the neighborhood for citizen input. There was a gentlemen that came during Christmas week and gave them a preview or proposition that they were looking to do on the Poudre River Development, a botanical garden and outdoor amphitheater. The amphitheater was to be in this location, so there are concerns that if this is going to be a amphitheater, why has there not been more outreach to the neighborhood for input. That is why she was there, to make sure that they get the knowledge of what is going on so close to their neighborhood. She would like it clarified tonight what they are planning to build there and go from there. The Board asked for a staff presentation. Ted Shepard, Chief Planner, gave the staff presentation. He stated that the request was to rezone the parcel from T, Transition to CCR, Community Commercial River. The parcel is 21.7 acres in size and located on the east side of the Poudre River bounded by Linden Street, Buckingham Street and First Street. The parcel was zoned T, Transiition upon the adoption of City Plan in March of 1997. He stated the staff report reflects the history of the parcel, several rezonings it has been through in the last 25 to 30 years. He stated that Timothy Wilder was there, who has worked on some of the implementation programs for the Poudre River Plans that have been adopted over the years. Planning and Zoning Board Minutes • March 15, 2001 Page 5 Tom Peterson, Planner, representing Poudre Development, who is applying for the rezoning tonight, stated that this property has been under the same ownership for a very long time. The reason it is before the Planning Board tonight, was that in 1996, when City Plan came in, the owners had the option of staying in the existing RC, River Corridor Zone at that time, which is now essentially the CCR zone. At that time, because of all the planning activities that was going on in the area, the owners opted to waive to T, Transition. They have not had any plans for development of this property. The property has been used for the wash site for the concrete trucks that belong to Poudre Pre-Mix for a number of years. Mr. Peterson stated that the applicant has now decided to come back and ask that the CCR zone be put on the property. This particular area of town has been thought of, for planning purposes, as being an area adjunct to downtown and maybe an expansion of downtown. The surrounding zonings are E, Employment, I, Industrial (New Belgium Brewery), POL, Public Open Lands and RL, Low Density Residential (Buckingham Neighborhood), and the concrete plant across the river is zoned RDR, River Downtown Redevelopment. This property has been zoned in the past IG, General Industrial, and as stated before RC, as part of the implementation for the Poudre River Trust Plan and the Downtown Plan in the late 80's. With all the planning that has gone on in this area, and especially City Plan and the Structure Plan, the applicant believes, and staff concurs in their recommendation, that this property needs to be zoned CCR. Mr. Peterson went on to say that the Community Commercial Residential is the zone that allows areas of the downtown fringe, to have a variety of uses. It encourages redevelopment with moderate intensity uses. Certainly environmental restrictions that the city has in place will guide some of the development on this property. Mr. Peterson felt that this was a very straightforward and an appropriate rezoning based on the history with the community and with this property. The applicant does not have any plans for development at this time. Member Craig asked if Mr. Peterson was at the neighborhood meeting that was held in December. Mr. Peterson replied he was not. PUBLIC INPUT None. * Planning and Zoning Board Minutes oR4t T March 15, 2001 Page 6 Member Craig asked about the neighborhood meeting that Ms. Aragon was speaking of. Planner Shepard replied that he had no knowledge of it, but assumed it was someone from Parks and Recreation. Perhaps someone who was investigating one of the multiple sites for a outdoor performing arts center. Member Craig asked if there was a neighborhood meeting, and if not why? Planner Shepard replied there was not. There was no development proposal at this time. There would be a meeting, at the time there was something to take to the neighborhood to look at. We are required by law to take this out of the T, Transition, so we relied on the normal mailing and posting. Member Craig asked who asked for this property to be put in the T, Transition zone. Planner Shepard replied that in the 1997 rezoning, RC, was not going to be a zone that carried over into City Plan, that zone no longer exists. Timothy Wilder, City Planner for Advanced Planner added that the old RC, was the old River Corridor District and was no longer in effect. The new RC is the River Conservation, and is completely different than the old district. The one zone that most closely resembles the old RC, is the CCR District. Therefore, that is the rationale for considering the CCR District at the time of the City Plan rezonings. At the time of the City Plan preparation, staff was considering the CCR District, which staff felt was the most appropriate district at the time. The owners were concerned about that district and so it was placed in the T, Transition District at that time. It was never officially zoned CCR. Member Craig asked about the Downtown Plan and the conceptual map in the plan. It specifically shows in this area H, Housing that the plan was looking for in this area. The plan references that it encourages new single family housing detached and attached units, medium density residential land uses and elderly retirement housing, as appropriate in areas of the Poudre River Corridor District. The plan states to rezone properties within the Downtown Corridor of the Poudre River to RC, River Corridor District. She was surprised from that, why we did not go into a specific river corridor when City Plan was put together. Director Gloss responded that Advanced Planning has put together a spread sheet analysis comparing the old RC and the CCR zoning District, which he passed out, that . identified all the permitted uses in the review process and how closely they match. It was the closest match that we have to the old RC Zone is the CCR Zone. ADR,�F Planning and Zoning Board Minutes March 15, 2001 Page 7 Member Craig stated that one of her biggest concerns was that in reading the Downtown Plan, housing was what the plan was looking for in this area. Housing in this area, as well as housing in the Link n Green area, was what the plan specifically called for in this area. On the Structure Plan, it is called Downtown District, and she looked that up in the Land Use Code, and Downtown District in the Land Use Code doesn't even show this property. It specifically talks about Downtown and the three sub-areas. That struck her as being put on the Structure Map wrong, it should have been put in green like Link n Green was, to signify that it was Poudre River Corridor. She wondered why it ended up as Downtown District on the Structure Map. She also wondered if staff had considered at all LMN, since the Structure Map showed the Buckingham neighborhood as LMN, and the Downtown conceptual plan shows, that it does prefer housing in this area. Director Gloss replied that staff has spent considerable time this week trying to address the concern she raised at worksession. In poring through the document, seeing three graphics that identify housing as a potential use on this site. It was understandable that she could interpret that it was exclusive use for housing. The Strategic Action Plan on Page 71 specifically says to comprehensively rezone all annexed properties within the downtown corridor of the Poudre River to RC, River Corridor District. It proposes that the area have a mixture of uses, it was not exclusively residential or exclusively commercial or employment. It encourages a mix of uses, as does the CCR District. There are a variety of uses that are permitted, and that was the intention. In looking at the graphic on Page 78 of the Downtown Plan, it identifies different housing densities, but that was not exclusive. What the graphic was trying to depict, was where housing would be located, but not that you would have exclusively limited an area to housing. The plan was not exclusively dedicating this parcel to residential. The CCR zone does allow residential. Member Craig stated that her impression from the Downtown Plan was that it wanted housing in this area. Once you say CCR, then you are opening it up to hotels, retail, etc. As a property owner it probably it benefits you more to look at it from the retail side, or the entertainment side, than it does to look at it from the housing side. Director Gloss handed out the Strategic Action Chart from the Downtown Plan. The implementation of the plan specifically calls for this property to be rezoned to RC. That was the clearest direction that the Downtown Plan could give staff. From staffs perspective, CCR is comparable to the RC zone, and staff feels that CCR is the appropriate zoning district. Chairman Gavaldon asked if it was in the process to have outreach for rezonings. DRAP]r Planning and Zoning Board Minutes March 15, 2001 Page 8 Planner Shepard replied yes, although we have not had many rezonings. Chairman Gavaldon asked why there was not a neighborhood meeting for outreach. Planner Shepard replied that with the new system, we do neighborhood meetings with the Project Development Plans so the neighbors can react to something. But, an old "hot-spot" that was carried over from 1997, T, Transition. As such, this request is not a typical request for a new zone but to place the parcel in the zone for which it was originally intended. The CCR zone has been specifically written for this site, was posted with a green sign and letters were mailed. There was no phone calls or letters received. Chairman Gavaldon felt that a "hot-spot'was a red flag that needed outreach. Planner Shepard replied that there would be a neighborhood meeting when there is a PDP. Chairman Gavaldon asked Ms. Aragon if she felt that a neighborhood meeting was needed at this time to help direct staff to what they felt would be an appropriate zone on this property. Ms. Aragon replied that was why she was there. They were left with rumors about what they are trying to build there. She felt they were being left out of the loop, and it was very important that they are part of the solution and their input is taken as important. She felt their opinion should be taken into account. The neighborhood is very concerned about an outdoor amphitheater so close to the neighborhood. They would put a strong opposition to something like that and a big concern would be parking. She was just trying to make sure the neighborhood has input. Member Colton felt there were enough concerns raised that he needed time to review the Downtown Plan. He would like to further investigate the LMN district that would allow some commercial but yet preserve the opportunities for residential in that area. Planner Wilder stated that staffs position was that CCR was appropriate because of the specific standards that are set up for the uses that are adjacent to the river. The LMN District does not have those standards. The CCR standards are less intense than other zones in the area. There are specific standards that orient toward the river, for example parking and streets you can have in the area. Staff felt that the very specific standards were a good fit for the district. Member Bernth felt that the CCR would be more protective for the river. DOWNTOWN PLAN 71 • BB. Allow other compatible land uses in the predominantly resi- dential areas to the extent that they reinforce and do not detract from the primary low density residential function of the neighbor- hood including, but not limited to: - churches, schools and public/quasi-public recreational uses - accessory uses, such as group homes - appropriately treated accessory dwelling units - multi-family dwellings as permitted under the applicable Neigh- - borhood Plan - day care centers. i POLICY 2 — LAND USE Strategic Action Chan Index Actions Timing Implementing Agency J Coordin- Possible _ e Lead Funding acing Source < z Regulations 1. Eliminate the existing conventional zoning designations CDBG/ in Downtown and adjacent residential neighborhoods ✓ DSO DDA/PVT GRANT and establish a mixcd-use zoning district(s) based on the Downtown Plan. 2. Annex all unincorporated areas within the Downtown corridor of the Poudre River and zone RC, River ✓ DSO PVT Corridor District. 3• Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to RC, r DEF River Corridor District. 4. Prepare general design guidelines for new development CDBG/ and redevelopment which reinforces the uniqueness ✓ DSO GRANT and distinctiveness of the districts. Planning and Zoning Board Minutes April 5, 2001 Page 9 Project: Poudre Development Rezoning, #1-01 Project Description: Request to rezone the Poudre Development parcel from T, Transition, to CCR, Community Commercial River. The parcel is 21.7 acres in size and located on the east side of the Poudre River bounded by Linden Street, Buckingham Street and First Street. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation. He stated that this was a continued item from the last Planning and Zoning Board meeting. He stated that staff was recommending approval. He reported that a neighborhood information meeting was held, and the minutes have been distributed. Also, at the request of a Board Member, staff has met with the Natural Resources Advisory Board and discussed this item as well. It was an informal discussion with no formal action taken. The consensus seemed to be that the CCR Zone was appropriate. They talked about future development, flood plain regulations and the commitment to the neighborhood that we made to come back and do additional neighborhood meetings upon the submittal of a Project Development Plan. Tom Peterson, Planner, representing the applicant gave a presentation. As he testified at the last meeting, they agree with the staff recommendation to the Board. He stated that they notified property owners within 1500 feet and not the required 500 feet. They attended the neighborhood meeting last week. At this point in time there are no development plans on this property. It is the intent of the property owners to continue to wash concrete trucks there. At such time that there is some desire to develop the property, the owners have no problem going through the required neighborhood meetings. Public Input Member Craig noticed that on the Structure Plan Map, this property was put down as Downtown District, it was not even counted as Poudre River Corridor. She asked if that was intentional. Planning and Zoning Board Minutes ®R��r April 5, 2001 Page 10 Planner Shepard replied that the Downtown Plan preceded the Structure Plan. The Downtown Plan designated this area as River Corridor. In fact the River Corridor preceded the Downtown Plan. The evolution was that it was the RC zone based on the Poudre River Corridor, it is part of the Downtown Plan, and it is part of the fringe area of the downtown. The Downtown Plan refers to it as the river corridor area, and the result of the zoning that came out of that was to zone it RC. The result of the City Plan and Structure Plan zoning was to keep referring to it as downtown, because it is part of the Downtown Plan. The Structure Plan then reflected that sub-area plan. When it came time to recommend a zoning back in 1997, staff looked at the sub-area plan, the River Corridor zone, and that it was incorporated within the boundaries of the Downtown Plan, and the CCR zone was the replacement zone for the RC zone. Member Craig stated that the Structure Plan Map shows this property as Downtown District where as all the other property that was in the Downtown Plan was marked as Poudre River Corridor is shown as Poudre River Corridor. She asked for clarification as to why this particular piece of property on the Structure Plan was not made Poudre River Corridor. Planner Shepard replied he did not know, it did not think it was done in error. He thought what the Downtown Plan says it that this is a fringe area, but it is still downtown. We wanted this to be a fringe supporting land use to support the downtown. The way he reads it was that it is part of the downtown, but a fringe area to offer a supporting function and not compete with downtown. He does not think the Structure Plan is wrong. Member Craig did feel that it was a mistake, and felt the Structure Plan was in error and it should be zoned Poudre River Corridor. Planner Shepard reflected what was discussed last night with the Natural Resources Advisory Board that Ken Waido of the Advanced Planning Department attended. They addressed the Board for about 30 minutes and he could say very clearly, that it is Mr. Waido's opinion that the Structure Plan is not in error. Member Craig felt that the Structure Plan should reflect the property as River Corridor the same as the Link N Greens piece is. It goes nowhere as a Downtown District and it does not even show this property in the Downtown Map. Timothy Wilder, Advanced Planning Department tried to address the question through City Plan. The plan talks about the Downtown District, which includes three different types of areas. One is the Canyon area, the Old Town Areas and then the Poudre River sub-district area of downtown. This property is identified in the Poudre River sub- district, therefore, by extension, this area would be in the Downtown District area, Planning and Zoning Board Minutes • April 5, 2001 Page 11 however, the sub-district categorization in City Plan is for that Poudre River sub-area. Planner Wilder stated that this area actually falls under two different areas in City Plan. One is the Downtown District in City Plan, and of that description, the Principles and Policies section. As well as the Poudre River Corridor description as well which this property fall under as well. Member Craig asked if he was telling her that it is in the Policies and Principles, but it is not in the Land Use Code under both of those. In the Land Use Code it shows the Downtown Districts are Canyon Avenue, Old City Center and the Civic Center. It does not show the River Corridor at all. Planner Wilder responded that was because in the Land Use Code, it is not given a specific district, because it is a zone transition. There was not one applied. He stated that the Downtown District is referring to the description of the Downtown District in Plan. Member Craig asked if this was the only piece of property that we have to go to the Principles and Policies. She did not remember any other district that they can't go to the Land Use Code and find. Chairperson asked that the hierarchy of the Structure Map be discussed. Deputy City Attorney Eckman replied that he felt that the discussion was headed in the direction of whether the Structure Plan Map is correct, or should it have been drawn differently. In the process of rezoning, you look at your step 8 standards. Is the proposed rezoning in compliance with the Comprehensive Plan or are there changed circumstances to justify the rezoning. That is in the Land Use Code. If you have a regulation of general application and another conflicting regulation of local or specific application, first of all you try and reconcile. If you cannot reconcile the two and give effect to both, then the local or specific one trumps the general one and controls. In this case the Downtown Plan is a part of the Comprehensive Plan, and the Downtown Plan is more local and more specific than the Structure Plan. The Structure Plan Map is more general than the Principles and Policies. First you look at the local Downtown Plan and then there would be the Principles and Policies, Structure Plan, then the Vision and Goals. Member Colton stated that there is a map included in their packets that is very specific, that show housing as the desired use on this property. There are also a couple of references in the Downtown Plan where is says that housing is encouraged in specific areas and also to have uses that are compatible with housing. His biggest concern is that this parcel should be an LMN instead of River Corridor. There are uses within the CCR which are more intense than what the Downtown Plan specifies, regarding Planning and Zoning Board Minutes ADRAPr April 5, 2001 Page 12 housing and what they are showing as desired uses, desire to have housing in the downtown area would lead him to believe. Planner Shepard stated that he did not get that majority concept. When he reads the Downtown Plan, every reference to the Poudre River Corridor, for instance under the Letter S, on page 69: "permit destination retail uses, light manufacturing, research and science laboratories, and similar uses in locations within the Poudre River Corridor District." Letter T, on page 70 says: "to encourage the development of a special river front area that mixes hospitality, hotel, recreation, entertainment, culture and some limited retail land uses in the Poudre River Corridor District." Letter U: "encourage new single family detached and attached units, medium density residential uses and elderly retirement housing." These appear to him as to being equal. He does not see housing as rising to the surface. Planner Shepard pointed out that if you read the purpose statement in the Land Use Code under LMN, it states that typically low density neighborhoods will be clustered around and intregal with a medium density mixed use neighborhood with a neighborhood commercial center at its core. For the purposes of the LMN division, a neighborhood should be considered to be approximately 80 to 160 acres with its edges typically consisting of major streets, drainageways, etc. Staff does not see these 21 acres, which is surrounded by employment and industrial and RL, to be LMN. It does not have the intregal relationship with MMN and NC. It is not part of the three things, that staff feels that work together intregally. Staff feels that it is a downtown fringe parcel that is designed to support the downtown, not compete with downtown, and offer a mix of land uses. If you read the purpose statement of the CCR, there are specific references to properties in the Cache La Poudre River Corridor area that have both public street and river frontage. That is this parcel. Staff is recommending the CCR district. Member Colton looked at the concept plan, which has land use opportunities and has an H on this property, which is housing. Planner Shepard replied that the map has to be read with the text. The map does not take precedent over the text. Staff feels that it is a mixed-use zone. Member Colton asked what in the zoning would encourage some housing here and not a big commercial type development, which is what the Downtown Plan says, would be a special opportunity for this particular parcel. Planner Shepard replied that zoning does not have that function. The zoning is based on the Downtown Plan, which clearly states that this is a downtown fringe property and it is not an LMN property. The Structure Plan calls for it to be Downtown and the text Planning and Zoning Board Minutes April 5, 2001 Page 13 supports mixed land uses. Housing is allowed. If the question is how can we say that if we allow CCR, how can we prioritize housing over the other permitted uses, he did not feel that we could do that. Member Colton felt that housing was stressed in the Downtown and he believes that it should be LMN because it more encourages a mixture of different types of housing with supportive commercial. He felt that it would be a more appropriate zoning. Planner Shepard replied that staff disagrees. Member Carpenter asked what was in staffs minds when the Downtown Plan concept map was done which clearly labels it housing. Planner Shepard replied that the concept plan was not meant to be exclusive. If you read the map with the text, you cannot just read the map. The map is accompanied by text. The text clearly calls out for a mix of land uses. The CCR zone is a better zone than the RC. The RC was put on this property to implement the Downtown Plan. The CCR zone is a result of City Plan. Zoning is the implementation tool of sub-area plans. Member Craig still felt like the intent was to take the Buckingham neighborhood and turn it into a neighborhood, so the Buckingham Park would be part of the neighborhood, there would be more housing there, and would have more of a neighborhood feel. Planner Shepard replied that staff has been advised by Advanced Planning that this parcel is a downtown fringe parcel, it is not an extension of the Buckingham residential neighborhood. It is not an LMN parcel. It has a relationship to the downtown and the river and there is only one zone for that and it is CCR. That is staffs opinion. Member Meyer moved to recommend to City Council approval of the Poudre Development Rezoning from T, Transition to CCR, Community Commercial Downtown District. Member Bernth seconded the motion. Member Craig would not be supporting the motion. If you look at the area as a whole, it could be LMN; there could be a neighborhood center. Advance Planners will admit one of the things lacking is housing and there is already a neighborhood park. She felt this could easily be LMN and connect to the Buckingham neighborhood, which is LMN on the Structure Map. Member Colton would not be supporting the motion either. He felt that the Downtown Plan strongly encourages and desires more housing in this area. Not only in the I Planning and Zoning Board Minutes April 5, 2001 Page 14 concept plan, but also in a lot of the language in the document. He felt that the CCR zone allows too many uses that are not consistent with more of a residential feel. He felt it would be more appropriate as LMN. Member Carpenter would not be supporting the motion. When Deputy City Attorney Eckman stated that the Downtown Plan took precedent, she felt there was a conflict between the Land Use Code, City Plan and the Downtown Plan. She felt that the Downtown Plan clearly wants housing on this parcel. Nothing presented tonight has shown her that this was not supposed to be housing. Member Torgerson would be supporting the motion mainly because the CCR district does allow every housing type conceivable. LMN does not restrict the parcel to housing and neither does the CCR. He felt the purpose statement meets this property to a tee, and the LMN purpose statement does not. He felt that CCR was the logical choice. Chairperson Gavaldon had concerns about this. He felt that the Downtown Plan based on the hierarchy does dedicate the parcel to housing. The motion for approval was denied with Members Colton, Craig, Carpenter and Gavaldon voting in the negative. Member Craig recommend to City Council approval of LMN zoning and that was based on the Downtown Plan which takes precedence. She felt as though the plan wants housing there and she felt that the LMN would give them housing and that we can still get a neighborhood center there. If the Board follows the Downtown Plan, it feels appropriate to zone it LMN. Member Colton seconded the motion. Member Meyer would not be supporting the LMN zoning. Planner Shepard stated that there is no LMN zoning next to downtown. There is NCB, NCM and NCL. Those are all the buffering neighborhoods. The downtown is buffered by zone districts that are specifically geared toward buffering downtown and they are not LMN. Member Craig stated that in the LMN zoning, you can have commercial, but it has to be in a neighborhood center. Planner Shepard replied that was true, except if there is already an established LMN neighborhood center within % mile of another LMN zone district. You can do offices, financial and clinics and free standing stand alone uses in the LMN. Planning and Zoning Board Minutes ®P� r April 5, 2001 Page 15 The motion for LMN zoning was approved 4-3 with Members Meyer, Bernth and Torgerson voting in the negative. Projects: Cathy Fromme 15t Natural Area Annexation & Zoning, #40-98 Cathy Fromme 2nd Natural Area Annexation & Zoning, #40-98A Coyote Ridge 1st Annexation & Zoning, #43-98 Coyote Ridge 2"d Annexation & Zoning, #43-98A Coyote Ridge 3`d Annexation & Zoning, #43-98B Coyote Ridge 4th Annexation & Zoning, #43-98C Coyote Ridge 5th Annexation & Zoning, #43-98D Coyote Ridge 6th Annexation & Zoning, #43-98E Project Description: Request for Annexation & Zoning of 237 Acres (Cathy Fromme 1st (81) and 2"d (156) and Coyote Ridge 1,096.5 Acres (Coyote Ridge 1st (2.5), 2"d (181), 3'd (161), 4th (192) 5th (325) and 6th(235). The requested zoning is POL, Public Open Lands. Recommendation: Approval NEIGHBORHOOD MEETING MINUTES PROJECT: Poudre Development Rezoning DATE: April 12, 2001 APPLICANT: Poudre Development LLC CONSULTANT: Mr. Tom Peterson, Stanford Realty Group PLANNER: Ted Shepard The meeting began with a description of the request to rezone the property out of the Transition zone district into the Community Commercial—Poudre River zone district. The property was originally zoned I-G, General Industrial. It was then down-zoned in 1996 to R-C, River Corridor in order to implement the Downtown Plan and the Poudre River Trust Land Use Policy Plan. During the 1997 city-wide rezoning for City Plan, the parcel was put into the T,Transition zone. Unless otherwise noted, all responses are from the consultant. QUESTIONS, CONCERNS, COMMENTS 1. What are the development plans for this property? A: There are no development plans at this time. 2. A while back there was discussion of an outdoor theatre by Parks and Recreation. Is that what's planned? A: The property remains under private ownership. It has not been sold to the City. There are no plans for an outdoor theatre. 3. What about the proposed dike that will take our neighborhood out of the floodplain? A: The owners have discussed the feasibility of constructing a dike to remove the neighborhood properties from the Poudre River floodplain with the City's Stormwater and Floodplain Management personnel. This idea is in the concept stage. There are no immediate plans for this project. 4. Would construction of this parcel require fill dirt like Wal-Mart? A. I do not know at this time. Development would have to comply with all the floodplain regulations of the City. S. Who are the owners? A: Mr. Keifer and Mr. Chandler have formed a corporation which owns the parcel. 6. What's the difference between an Administrative review and a Planning and Zoning Board review? A. An Administrative review is conducted by an Hearing Officer or the Planning Director whereas a Planning and Zoning Board review is conducted by the Planning and Zoning Board. Both are public hearings. Both require the green sign to be posted, a legal notice in the paper, and a letter to the affected property owners. The decision of both hearings can be appealed. 7. What uses do you envision? A. At this time I can only guess that development would be some form of mixed use. 8. Why not make this parcel an extension of Gustav Swanson? A: This has been considered. At this time, the owners and the City have not agreed to such a transaction. 9. When will Buckingham be widened? A: Buckingham is classified as a collector street. Developers are responsible for improving their abutting portion of the roadway and any off-site improvements as required to mitigate their traffic impacts. If there are no developers to do their share of the widening, then the City could do it as a capital project. 10. Would this include sidewalks? A: Yes,but if done by developers, then only on the side of the development. 11. It looks like half the site was cleaned up and the other half is still covered in branches and other stuff. What about all this other stuff? A: I will pass this concern along to the owners. 12. What about the New Belgium Brewery expansion? A: New Belgium has submitted an amended Overall Development Plan which will be forwarded to the Planning and Zoning Board in the next month or two. 13. Will this include their brewery water treatment facility? A: Not at the O.D.P. stage. The treatment facility will be a separate development proposal known as a Project Development Plan. 14. What about the downtown kayak course on the river? A: This has been looked at but there are no final plans at this time. COMPARISON OF THE OLD RC, RIVER CORRIDOR,ZONE TO THE CCR, COMMUNITY COMMERCIAL-POUDRE RIVER DISTRICT USES PERMITTED RC ZONE CCR ZONE Residential uses Single-family, Two-family and Multifamily dwellings, group homes x Type I Mixed-use dwelling units Type I Boarding-and roominghouses x Type II Single-family detached dwellings(<=6,000 sq. ft. lots) Type II Fraternity and sorority houses Type II Institutional/Civic/Public Uses Churches (Places of worship) x Type I Public and private schools for elementary,jr. high and sr. high Type II Public and private vocational/technical schoolsl x Type I Colleges and universities Type I Community facilities Type I Public facilities x Type I Parks and playgrounds x Neighborhood parks Permit Parks, recreation and open lands x Type I Golf courses Type I Cemeteries Type I Long-term care facilities Type II Commercial/Retail Uses Bed and breakfast establishments Type I Standard restaurants x Type I Fast food restaurants Type I Bars x Retail stores x Type II Full line pet shops x Grocery stores Type I Personal service shops, laundry and dry cleaning outlets x Type I Officies, clininc, banks, savings and loan and finance companies x Type I Health and membership clubs, recreational uses x Type 1 Indoor theaters x Type I Hotels and motels x Type I Unlimited indoor recreational uses and facilities Type II Convenience retail (w/o fuel sales) Type I Small animal veterinary clinics x Type I Child care centers Type I Dog day-care facilities Type I Printing and newspaper offices x Print shopsl Type Food catering I Type I Funeral homesl Type II Automobile repair(inside building) x Heliports;parking lots and parking garagesl x Industrial Uses Light industrial usesl x Workshops and custom small industry uses Type I Accessory/Miscellaneous Uses Accessory buildings and uses x Permit Any use located on a PUD LDGS x DOWNTOWN PLAN i t 1 ■ 71 i BB. Allow other compatible land uses in the predominantly resi- dential areas to the extent that they reinforce and do not detract X from the primary low density residential function of the neighbor- hood including, but not limited to: - churches, schools and public/quasi-public recreational uses - accessory uses, such as group homes - appropriately treated accessory dwelling units - multi-family dwellings as permitted under the applicable Neigh- borhood Plan - day care centers. OCY 2 — LAND USE tcgic Action Chart Index Actions Timing Implementing Agency s Possible Coordin- Funding r a Lead g amtg Source < - z r Regulations 1. Eliminate the existing conventional zoning designations in Downtown and adjacent residential neighborhoods r DSO DDA/PVT CDBG/ GRANT establish a mixed-use zoning district(s) based on the Downtown Plan. 2. Annex all unincorporated areas within the Downtown corridor of the Poucire River and zone RC, River Id DSO PVT Corridor District. 3. Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to RC, ✓ DSO PVT River Corridor District. _ 4. Prepare general design guidelines for new development CDBG/ and redevelopment which reinforces the uniqueness Id DSO DDA/PVT GRANT and distinctiveness of the districts. AGENDA ITEM SUMMARY I ' A NUMBER: DATE: September 17, 1996996 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT: Items Relating to the Rezoning of Certain Downtown Properties. RECOMMENDATION: Staff recommends adoption of the Ordinances on First Reading. At its September 9 meeting the Planning and Zoning Board voted 4-1 to recommend adoption of the Ordinances. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 126, 1996, Amending the Zoning District Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Downtown IG Rezoning. B. First Reading of Ordinance No. 127, 1996 , Amending Subdivision W in Division 3 of Article III of Chapter 29 of the City Code Relating to Amendments to Provisions of the RC River Corridor District. The Poudre River Trust Land Use Policy Plan was adopted in 1986. The Downtown Plan was adopted in 1989. These Plans created a vision and expression of a desired future for the downtown area that is presently zoned I-G,General Industrial. The Plans called for the area generally north and east of Jefferson Street to be re-designated as the "Poudre River Corridor." The purpose of the rezoning is to implement the vision of the Poudre River Trust Land Use Policy Plan and the Downtown Plan. The code changes would apply to all present and future parcels in the RC, River Corridor Zone and are proposed to clarify and modernize the procedures for land development and re-development within the zone. BACKGROUND: I. Poudre River Trust Land Use Policy Plan In 1986, the Poudre River Trust Land Use Policy Plan was adopted as an element of the City's Comprehensive Plan. The Plan provides a tool for realization of the potential for a vital environment in the Downtown River Corridor along the Poudre River from College Avenue to Mulberry Street. DATE- September 17, 1996 1 2 ITEM NUMBER: 29 A-B The Plan seeks to facilitate and enhance both existing and future businesses, housing, recreational, educational, and cultural activities while preserving important fish and wildlife habitats and open space along the river. The Plan calls for the adoption of the Downtown River Corridor District. In 1987, City Council added the RC, River Corridor Zone District to the City's Zoning Code as the primary implementation device for the Poudre River Trust Land Use Policy Plan. The RC Zone defines uses permitted, establishes performance standards, landscape standards, minimum area of lot, and site plan review requirements. The Plan recommends that the study area be rezoned into the River Corridor District. II. Downtown Plan In 1989,the Downtown Plan was adopted as an element of the City's Comprehensive Plan. The Plan encourages the revitalization of downtown Fort Collins through guidance of both public and private decisions affecting the area. The Plan establishes a vision for the downtown, provides a market analysis of the area's strengths and weaknesses, incorporates 15 major policy statements relating to downtown, and lists a number of recommended actions to support implementation of the adopted policies. The Plan includes changes in zoning and calls for funding and construction of a variety of capital improvement projects. The Downtown Plan includes a land use map that calls out the area generally located north and east of Jefferson Street to be the "Poudre River Corridor." This area is presently zoned I-G, General Industrial. In order to implement the Downtown Plan,this area is recommended to be rezoned into the RC, River Corridor Zone District. The Plan states: "The Poudre River Corridor District offers an excellent opportunity to mix river related and cultural activities with the natural environmental values of the river." "Permit destination retail uses,light manufacturing, research and scientific laboratories and similar uses in locations within the Poudre River Corridor District that are compatible with the scenic, natural, recreational and historic values of the river." Under the "strategic actions" section, the Plan states: �aSt -71 "Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to RC,River Corridor District." Based on the two Comprehensive Plan elements, there is a strong policy basis to support the proposed rezoning of certain downtown properties from I-G, General Industrial, to RC, River Corridor. III. RC Code Changes There are four code changes proposed to clarify and modernize the RC Zone. A. Reword the "Purpose" Section 1 DATE: September 17, 1996 3 I ITEM NUMBER: 29 A-B Under the "Purpose" section of the zone description, Section 29-413 of the Code presently reads: "The RC River Corridor District designation is for areas developing within the Downtown River Corridor of the Cache La Poudre River." Since the adoption of the RC, River Corridor Zone in 1987, the City has annexed properties along the Poudre River beyond just the downtown area. The proposed change would expand the purpose of the zone and acknowledge that the zone applies to properties along the entire stretch of river. The proposed change would restate this purpose by deleting "Downtown River" from the statement to read as follows: "The RC River Corridor District Designation is for areas developing within the corridor of the Cache La Poudre River." B. Lengthen the Review Process Presently, Code Section 29-414(a)requires that development proposals in the RC Zone be submitted to the Current Planning Department and that plans must be processed, reviewed and decided upon within three weeks. This time frame was established in 1997. Due to the complexity of reviewing land development plans, the Planning Department (and development review team) cannot complete a thorough review (with applicant revisions) in three weeks. It is proposed that permitted uses in the RC Zone be subject to the same administrative review process as outlined in "Design Review for Permitted Uses" of the Zoning Code (Section 29-520). This process calls for conceptual review and an administrative review process that shall result in a determination "... not sooner than four weeks nor later than ten weeks following the submittal of an RC application." Section 29-414(a) is, therefore, amended to include this new time period. C. New Basis for Establishing Expansions of Non-Conforming Uses Presently, Section 29-414(a) states with respect to the RC zone that: "All permitted uses listed in the RC Zone (and expansions of more than 25% of the gross floor area of uses existing on February 17, 1987) shall be subject to administrative review procedures as established in a Neighborhood Plan for the affected area." For properties that are nonforming uses and that were annexed and initially zoned RC, using the 1987 size for determining the necessity of an administrative review may make sense. However, for nonconforming properties that are subject to be zoned or rezoned into the RC Zone, such as the downtown I-G area,this provision could present a hardship. Since the purpose of the rezoning is not to create unnecessary hardships, it is proposed that the effective date for establishing the basis to determine the 25% expansion for all nonconforming uses should be the date that the property is zoned or rezoned into the RC Zone. The proposed change adds a new paragraph (c) to Section 29-414 to read as follows: "Notwithstanding the provisions of Division 6 of this Article III, any nonconforming use in the RC River Corridor District shall be entitled to expand by up to twenty-five (25) percent of the gross floor area of such use as a matter of right without being DATE: September 17, 1996 I 4 ITEM NUMBER: 29 A-B subject to any administrative review. The basis for determining the gross floor area of any such expansion shall be that gross floor area that existed for that use on February 27, 1987,for those properties zoned or rezoned into the RC River Corridor District on February 27, 1987. For those properties that were zoned or rezoned into the RC River Corridor District after February 27, 1987,the basis for determining the gross floor area of any expansion shall be the gross floor area that existed for that use on the effective date that the subject property was zoned or rezoned into the RC River Corridor District." IV. Citizen Participation The following meetings were conducted to discuss both the property rezoning and Code change: June 6, 1996 Meeting with Downtown Development Authority June 17, 1996 General Information Neighborhood Meeting* June 25, 1996 Meeting with Downtown Development Authority* June 28, 1996 Information Meeting with Three Property Owners* August 7, 1996 Contacted Four Non-Conforming Property Owners** * Summaries of these meetings are attached to the P &Z Staff Report ** See letters attached to P &Z Staff Report At the second meeting with the D.D.A.,the board voted in favor of a motion supporting the rezoning and the Code changes. V. Non-Conforming Uses There are four properties that contain uses that will become legal, non-conforming under the RC Zone. These four properties have been identified as follows: A. Poudre Pre-Mix, Inc. - heavy industry B. Schrader Oil Company -bulk storage of petrochemicals C. Riverside Auto Sales - auto sales D. J & M Precision Auto - auto sales. These four owners have been contacted by phone and letter. Three property owners have been contacted on the site in person by Planning Staff. Information regarding the status of legal, non- conforming uses has been given to these property owners (see attachment to P &Z Staff Report). t � JJLr unm nuw!' �nua mnu a um I■ � � ..�I ■� . IIIIIIII =�r_ • . .- ,j =_■,loom luuni_ � . �1■ IIIIIII • - luuu=uunu= ' •� �111111 IIIIIII • 111.11��11111111_ ` � -� ��1= .1 ■■....1111111 - 'I ----�� � _II9 :IIIIIII 1111113 _'IIIII oz LU co ,�1 , udllll 611i1_ IIIIII .IIIII �� IIIIIIII �II_IIIL' =IIIII; ��IIII_ 22 ' :�` , 1::1= :IIIIII _11111C IIIIIIII illllh ON mom mina II.I■ 11111111 !IIIII • . , �as` � 'y �111: ill ��. ■11111� IIIIIILL .,■II2 !IIIIII ■IIIIIII �I IIIIIILL nl�Iil 1111 6 59M."I11I1111 111111111 WINO1, IIIII • ' � - �• . i (III � II 'llil � � � �■ ■ I l 11 11._ I11 moll ..1m . �L r: LU lam:-11 MM LU FT 1-1-11�!'=_ IIIIII■ ® �. ■ \ : r• �ysi -•.Fi.. ■ � I IIIIIII= ♦IIIII ■11111111- :-II�111■ I�In , � illlllllll =lllllj lilllllll=:"IIIIII ��� � � � 6Y.[.•JNtl:f� ■ , �� iIIINIl I11111= 1111111W::' IMS �4� , IIIIII- u!Pie"Ilumnl (IIIIIIII oil 111111111L'111I�IIIIII�_..11 ITEM NO. 16 MEETING DATE 9/9/96 STAFF Ted Shepard City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties from I-G, General Industrial to R- C, River Corridor, and Code Changes to the R-C Zone #21-96 APPLICANT: City of Fort Collins OWNER: Various Owners (see attached mailing list) PROJECT DESCRIPTION: These items are initiated by the City of Fort Collins to implement the Poudre River Trust Land Use Policy Plan and the Downtown Plan and to make changes to the R-C, River Corridor Zone. The first item is a recommendation to rezone certain downtown properties, generally located north and east of Jefferson Street, from I-G, General Industrial, to R-C, River Corridor. The second item is a recommendation to make four changes to the R-C River Corridor Zone District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The Poudre River Trust Land Use Policy Plan was adopted in 1986. The Downtown Plan was adopted in 1989. Both plans are elements of the City's Comprehensive Plan. These plans created a vision and an expression of a desired future for the downtown area that is presently zoned I-G, General Industrial. The Plans called for the area generally north and east of Jefferson Street to be "Poudre River Corridor." The purpose of the rezoning is to implement the vision of the Poudre River Trust Land Use Policy Plan and the Downtown Plan. The code changes would apply to all parcels in the R-C Zone and are proposed to clarify the procedures for land development and redevelopment within the zone. In processing this item, Staff has met with affected property owners, the Downtown Development Authority, and the Chamber of Commerce Legislative Affairs Committee. In addition, there are four properties that would become non-conforming. These property owners have been contacted individually regarding the impacts of the rezoning. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 8052-1-0580 (303) 22, 6750 PLANNING DEPARTMENT Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 _ September 9, 1996 Page 2 COMMENTS: 1. Background: In order to gain an understanding of the policy history behind the proposed rezoning, a brief description of Poudre River Trust Land Use Policy Plan and the Downtown Plan are provided. A. Poudre River Trust Land Use Policy Plan In 1986, the Poudre River Trust Land Use Policy Plan was adopted by City Council as an element of the City's Comprehensive Plan. The plan provides a tool for realization of the potential for a vital environment in the Downtown River Corridor along the Poudre River, from College Avenue to Mulberry Street. The Plan seeks to facilitate and enhance both existing and future businesses, housing, recreational, educational, and cultural activities while preserving important fish and wildlife habitats and open space along the river. The Plan called for the adoption of the Downtown River Corridor Zoning District. In 1987, City Council added the R-C, River Corridor Zone District to the City's Zoning Code as the primary implementation device for the Poudre River Trust Land Use Policy Plan. The R-C Zone defines uses permitted, establishes performance standards, landscape standards, minimum area of lot, and site plan review requirements for development and redevelopment within the zone. The Plan recommended that the study area be rezoned into the River Corridor District. B. Downtown Plan In 1989, the Downtown Plan was adopted by City Council as an element of the City's Comprehensive Plan. The Plan encourages the revitalization of downtown Fort Collins through guidance of both public and private decisions affecting the area. The Plan establishes a vision for the downtown, provides a market analysis of the area's strengths and weaknesses, incorporates 15 major policy statements relating to downtown, and lists a number of recommended actions to support implementation of the adopted policies. The Plan includes changes in zoning and calls for funding and construction of a variety of capital improvement projects. C. Land Use According to the Downtown Plan The Downtown Plan included a land use map that calls out the area generally located north and east of Jefferson Street to be the "Poudre River Corridor." This area is Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 September 9, 1996 Page 3 presently zoned I-G, General Industrial. In order to implement the Downtown Plan, this area is recommended to be rezoned into the R-C, River Corridor Zone District. The Plan states: "The Poudre River Corridor District offers an excellent opportunity to mix river related and cultural activities with the natural environment values of the river. " "Permit destination retail uses, light manufacturing, research and scientific laboratories and similar uses in locations within the Poudre river Corridor District that are compatible with the scenic, natural, recreational and historic values of the river." Under the "strategic actions" section, the Plan states: "Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to R-C, River Corridor District." Based on the two Comprehensive Plan elements, there is a strong policy basis to support the proposed rezoning of certain downtown properties from I-G, General Industrial, to R-C, River Corridor. 2. River Corridor- Permitted Uses There are 29 permitted uses in the R-C Zone. These uses are specifically listed in the Zoning Code (see attached). In addition, a P.U.D. remains an option for any land development or redevelopment proposal. As can be seen by the list, this zone is intended to feature a healthy mix of land uses, including light industrial. It is important to note that according to the Zoning Code, "light industrial" is further defined as follows: "Light industry shall not include uses such as mining and extracting industries petrochemical industries, rubber refining, primary metal and related industries." It is of utmost importance to acknowledge that the R-C Zone, while allowing 29 permitted uses, is more restrictive than the I-G, General Industrial Zone. The proposed rezoning represents a down zoning in terms of potential use-by-right development. For example, the I-G Zone would allow various outdoor storage as a principal use, auto salvage, parts storage and gravel mining. The Downtown Plan recognized that the City's historic industrial area, which was once separated from the downtown core, is now an integral part of the growing downtown Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 September 9, 1996 Page 4 area. Combined with the modern-day values now associated with the Poudre River, this older industrial area is now ripe for a new zone district as called for in the City's Comprehensive Plan. The primary purpose of the rezoning is not to force out existing industrial uses but, rather, to influence the type and quality of potential development on vacant parcels or redevelopment of existing uses. 3. R-C Code Chanaes There are four proposed changes to R-C Zone. A. Reword the "Purpose" Section: Under the "Purpose" section of the zone description, the present language states that: "The R-C River Corridor District designation is for areas developing within the Downtown River Corridor of the Cache La Poudre River." Since the adoption of the R-C Zone in 1987, the City has annexed properties along the Poudre River beyond the downtown area and designated R-C, River Corridor. The proposed change would expand the purpose and focus of the zone beyond just the downtown and acknowledge that the zone applies to properties along the entire stretch of river. The proposed change would restate this purpose by deleting "Downtown River" from the statement to read as follows: "The R-C River Corridor District designation is for areas developing within the Corridor of the Cache La Poudre River." B. Lengthen the Review Process: Presently, R-C Zone requires that development proposals be submitted to the Current Planning Department and that plans must be processed, reviewed and decided upon within three weeks. This time frame was established in 1987. Due to the complexity of reviewing land development plans, the Planning Department (and development review team) cannot complete a thorough review in three weeks. It is proposed that permitted uses in the R-C Zone be subject to the same administrative review process as outlined in "Design Review for Permitted Uses" of the Zoning Code. (Section 29-520, see attached.) This process calls for conceptual review and an administrative review process that shall result in a determination Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 September 9, 1996 Page 5 "... not sooner than four weeks nor later than ten weeks following the submittal of an R-C application." C. Delete the Reference to Three Weeks: With the inclusion of the above language, the following passage would be deleted from the R-C Zone: "The decision of the Director to approve, deny, or modify the proposed plan must be made within three (3) weeks of submission by the applicant, and if not so made, approval shall be deemed to have been given." D. New Basis for Establishing Expansions of Non-Conforming Uses: Presently, the R-C Zone states: "All permitted uses listed in the R-C Zone (and expansions of more than 25% of the gross floor area of uses existing on February 17, 1987) shall be subject to administrative review procedures as established in a Neighborhood Plan for the affected area." Retention of this provision would not recognize business expansions that might have taken place on properties being rezoned to R-C since February 17, 1987. To acknowledge these recent expansions, it is proposed that the effective date of establishing the basis to determine the 25% expansion be the actual date that the property is rezoned or annexed into the R-C Zone. 4. Citizen Participation The following meetings were conducted to discuss both the property rezonings and Code changes: June 6, 1996 Meeting with Downtown Development Authority June 17, 1996 General Information Neighborhood Meeting* June 25, 1996 Meeting with Downtown Development Authority* June 25, 1996 Information Meeting with Three Property Owners* June 28, 1996 Meeting with Chamber of Commerce Legislative Committee August 7, 1986 Contacted Four Non-conforming Property Owners** . At the second meeting with the D.D.A., the board voted in favor of a motion supporting the rezoning and the Code changes. Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 September 9, 1996 Page 6 * Summaries of these three meetings are attached. ** See attached letters. The primary issue for those property owners who participated in these meetings is the potential expansion of existing businesses under the new R-C Zone versus under the I- G Zone. Presently, there is no land use review for such expansions. These expansions would be reviewed as part of a building permit application process. In particular, the February 17, 1987 date for establishing the basis for calculating the 25% expansion allowance was considered onerous and did not recognize expansions that have occurred since then. As a result of meeting with the affected property owners, it was agreed that the February 17, 1987 date for establishing the basis for calculating the 25% expansion allowance would not logically apply to the rezoning of parcels already zoned 1-G, General Industrial. Since these properties are not presently in the R-C Zone, there was no record keeping for establishing existing floor areas on February 17, 1987. Any expansions since then should not be penalized by not counting as part of the floor area basis. Staff, therefore, recommends the Code change that would establish the basis date as that date on which the property was rezoned into the R-C Zone. In general, there are some property owners that would prefer to retain the flexibility afforded by the I-G, General Industrial Zone and oppose the rezoning. Other property owners realize that the R-C Zone may provide some measure of protection from new land uses that may have a negative impact on their property values, and that there are benefits associated with an administrative review process with opportunities for citizen input. Most property owners participating in the review of the rezoning acknowledge that the Poudre River Trust Land Use Policy Plan and the Downtown Plan are a legitimate policy basis for the proposed rezoning. 5. Information Regarding Non-conforming Uses: There are 29 permitted uses in the R-C, River Corridor Zone. If a business or part of a business is not one of the permitted uses, then it is considered to be an existing, legal, non-conforming use. Under the Zoning Code, existing non-conforming uses are "grand-fathered in." These uses do not have to be removed, modified, reduced, or in any way changed due to the proposed rezoning. The only time a non-conforming use becomes regulated is if it is expanded or changed to another non-conforming use. Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 September 9, 1996 Page 7 A. Expansions of Existing Non-conforming Uses: (1.) Existing non-conforming uses are allowed to expand up to 25% of their floor area. There is no Planning Department review process. Application is made to the Building Inspection Department for a building permit, if necessary. (The basis for calculating the 25% expansion allowance is based on the floor area dedicated for the non-conforming use on the effective date of the Rezoning Ordinance.) (2.) Any expansion beyond 25% would be reviewed as an R-C Site Plan Review. This is an administrative review of a site plan, landscape plan, and architectural elevations, if applicable. This review is not forwarded to the Planning and Zoning Board but considered for approval by the Director of Current Planning. B. Changes of Non-conforming Uses: Any change of a non-conforming use to another non-conforming use shall require the approval of the Planning and Zoning Board and reviewed based on the following criteria: (1.) The nature and purpose of the existing non-conforming use. (2.) The difference in quality and character of the proposed use. (3.) The difference in the degree of use of the proposed use, including but not limited to hours of operation and parking requirements. (4.) The reasons for the proposed change. (5.) The overall impact of the proposed use on the surrounding property. 6. July Planning and Zoning Board Meeting: At the July P &Z meeting, the Board instructed Staff to inventory those properties that contain uses that would become non-conforming under the R-C Zone. These four properties have been identified as follows: A. Poudre Pre-Mix, Inc. - heavy industry B. Schrader Oil Company - bulk storage of petrochemicals Recommendation to City Council on Items Relating to the Rezoning of Certain Downtown Properties, #21-96 September 9, 1996 Page 8 C. Riverside Auto Sales - auto sales D. J & M Precision Auto - auto sales These four property owners have been contacted by phone and letter(see attached). Two property owners have been contacted in person. A third property owner has set up an appointment to measure the existing non-conforming use calculating a basis for expansion. 7. Findings of Fact/Conclusions: A. The Poudre River Trust Land use Policy Plan was adopted in 1986 and included the downtown I-G zone as part of its study area recognized the potential for a vital environment in the Downtown River Corridor along the Poudre River. B. The R-C, River Corridor Zone was created in 1987 to implement the Poudre River Trust Land Use Policy Plan. C. The Downtown Plan was adopted in 1989 and established a vision for downtown including a recognition that the area generally located north and east of Jefferson Street was more in character with the downtown core and the Poudre River and should not continue to be considered a modem-day industrial area. D. The four proposed Code changes to the R-C Zone are based on citizen input as well as recognizing present annexation patterns and a complex project review procedure. E. The four properties that contain land uses that would become non-conforming have been identified. These property owners have been contacted by letter and phone and are aware of the impacts of the rezoning. RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend to City Council: 1. That properties located in the I-G, General Industrial Zone, generally located in the area north and east of Jefferson Street be rezoned from I- G, General Industrial, to R-C, River Corridor. 2. That the four proposed Code changes to the R-C, River Corridor Zone, be adopted.