HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2017 - SECOND READING OF ORDINANCE NO. 025, 2017, AMENDINAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY February 21, 2017
City Council
STAFF
Ted Shepard, Chief Planner
SUBJECT
Second Reading of Ordinance No. 025, 2017, Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for That Certain Property Known as the Gateway at Prospect Rezoning
and Making Corresponding Changes to the Sign District Map.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on February 7, 2017, amends the existing zoning on a
parcel of vacant land located at the northwest quadrant of I-25 and East Prospect Road. The .43-acre site
includes 12.40 acres of land currently zoned L-M-N, Low Density Mixed-Use Neighborhood and 10.03 acres of
land currently zoned E, Employment. The proposed rezoning amends the zoning map for the entire site to M-
M-N, Medium Density Mixed-Use Neighborhood Zone District.
A change was made to Section 4 of this Ordinance to correct a Land Use Code section number.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 7, 2017 (w/o attachments) (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY February 7, 2017
City Council
STAFF
Ted Shepard, Chief Planner
SUBJECT
Items Relating to Gateway at Prospect Plan Amendment to the City Structure Plan Map and Rezoning of Two
Parcels.
EXECUTIVE SUMMARY
A. Resolution 2017-009 Amending the City’s Structure Plan Map.
B. Public Hearing and First Reading of Ordinance No. 025, 2017, Amending the Zoning Map of the City of
Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Gateway at
Prospect Rezoning and Making Corresponding Changes to the Sign District Map.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
These items are related to a development application being submitted for an Overall Development Plan (ODP)
on a parcel of vacant land located at the northwest quadrant of I-25 and East Prospect Road. The purpose of
these items is twofold: first to amend the City’s Structure Plan map (which is a component of the City’s
comprehensive plan) to change two land use designations applicable to the site; and second to rezone the
site.
The Structure Plan amendment proposes to change the existing land use designations applicable to the site to
promote the public welfare and be consistent with the vision, goals, principles and policies of the City Plan and
the elements thereof by reflecting land uses consistent with changed conditions within the neighborhoods
surrounding and including the site.
The rezoning proposes to change the existing zoning of the entire 22.43-acre site, which includes 12.40 acres
of land currently zoned L-M-N, Low Density Mixed-Use Neighborhood and 10.03 acres of land currently zoned
E, Employment. The proposed rezoning amends the zoning map for the entire site to M-M-N, Medium Density
Mixed-Use Neighborhood Zone District.
Both the rezoning and the ODP are designed to facilitate a future multi-family development project on the
subject 22.43 acres (also designated as Parcel J on the amended ODP). While multi-family is a permitted use
in the L-M-N zone district, it is capped at 12 dwelling units per gross acre, 12 units per building and 14,000
square feet per building. The applicant seeks to develop a project that exceeds these parameters. While
multi-family is also a permitted use in the E zone district, and not restricted by the L-M-N metrics, the applicant
has voluntarily requested a down-zoning to M-M-N in order to create a unified development parcel with
singular, unified zoning.
The request to rezone the two subject parcels complies with the standards and criteria of Land Use Code
Section 2.9(H). In addition, and in compliance with Section 2.9(I), staff is recommending seven conditions of
approval to ensure that all aspects of the future multi-family development measures up to the principles and
policies of City Plan.
ATTACHMENT 1
Agenda Item 12
Item # 12 Page 2
On January 12, 2017, the Planning and Zoning Board voted unanimously (6-0) to recommend approval to City
Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The surrounding zoning and land uses are as follows:
N County, R, Residential (Sunrise Acres)
S E, Employment (Colorado Welcome Center and Colorado State University Research Foundation-
owned parcel)
E C-G, General Commercial (Vacant)
E I, Industrial (Vacant)
W County R, Residential and FA, Farming (Boxelder Estates and other County Residential Parcels)
The property was included in the City’s Growth Management Area and was annexed in 1989 as the Interstate
Lands Annexation containing 192 acres. At that time, the parcel was zoned H-B, Highway Business (157
acres) and R-P, Planned Residential (35 acres) with both zone districts conditioned that any application for
development be processed as a Planned Unit Development under the Land Development Guidance System.
In 1997, the property was rezoned in the following manner:
C, Commercial (44.7 acres)
E, Employment (104 acres)
L-M-N, Low Density Mixed-Use Neighborhood (15.7 acres);
U-E, Urban Estate along the western edge as a buffer (21 acres).
This rezoning was part of a citywide rezoning to implement the City’s new comprehensive plan, City Plan, and
the new Land Use Code which created new zone districts and replaced the old districts and the PUD system.
About 20 years ago, the landowner at the time sold a parcel of land along the western edge of the ODP to the
Cooper Slough Association/Boxelder Estates HOA for a buffer. This rectangular strip ranges in width between
100 and 125 feet for a length of about 1,880 feet and contains approximately 4.7 acres. This conveyance
essentially precludes any street connection between the ODP and Boxelder Estates.
Then, in 2000, the size of the four zone districts was adjusted as part of a rezoning to reflect changing market
conditions. The effect of the rezoning was primarily to reduce the size of the E zone by 43 acres and increase
the size of the L-M-N zone by 53 acres. This rezoning affected 65 acres.
In 2004, an Overall Development Plan was approved that showed various configurations for the four zone
districts in the following manner:
U-E, Urban Estate (21 acres);
L-M-N, Low Density Mixed-Use Neighborhood (68.6 acres);
E, Employment (60.9 acres);
C-G, General Commercial (26.9 acres).
Interstate Land First Filing PUD for a Harley Davidson dealership was approved in 1996 and consisted of a
26,000 square foot building on a four-acre lot located along the Southwest Frontage Road.
In summary, since annexation in 1989, the parcel has been rezoned three times in 28 years.
Agenda Item 12
Item # 12 Page 3
1. Structure Plan Map Amendment
City Plan allows amendments to the Structure Plan Map to be processed concurrently with rezoning
applications. In conjunction with the more detailed analysis regarding the rezoning request, staff finds that
amendment to the Structure Plan Map satisfies the requirement that the proposed amendment will promote the
public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the
elements thereof.
2. Summary of the Review Criteria for Rezoning of Parcels Less Than 640 Acres Per Section 2.9 of the
Land Use Code:
Per Section 2.9 of the Land Use Code, any amendment to the Zoning Map involving the zoning or rezoning of
640 acres of land or less (quasi-judicial versus legislative) shall be recommended for approval by the Planning
and Zoning Board or approved by the City Council only if the proposed amendment is:
Consistent with the City’s Comprehensive Plan; and/or
Warranted by changed conditions within the neighborhood surrounding and including the subject
property.
Additional considerations for rezoning parcels less than 640 acres (quasi-judicial):
Whether and the extent to which the proposed amendment is compatible with existing and proposed
uses surrounding the subject land and is the appropriate zone district for the land;
Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment.
Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
3. Section 2.9(H)(2)(a) - Consistent with the City’s Comprehensive Plan
The request to upzone 12.4 acres from L-M-N to M-M-N and downzone 8.4 acres from E to M-M-N is
supported by the following City Plan Principles and Policies:
A. “Community and Neighborhood Livability and Sustainability - Economy: A mix of housing options
throughout the community also accommodates residents of all income levels in the city near
places of work or other activity centers.” (Page 47.)
The request to rezone the subject parcels to M-M-N would add a housing type, multi-family, to the mix of
housing options in this area of the City at development parameters that exceed L-M-N metrics. The nearest
multi-family development is located 1.2 miles to the southwest. Multi-family housing is envisioned to be in
close proximity to major employment areas and the subject parcels are located near existing and future
workplaces in the following manner:
Existing - Prospect East Business Park (1.05 miles to the west)
Existing - Seven Lakes Business Park (.9 mile to the west)
Future C-G, General Commercial (adjoining)
Future I, Industrial (.5 mile to the east)
Future E, Employment (adjoining)
Multi-family housing is one of 33 permitted uses in the M-M-N zone district. In order to ensure that rezoning
the subject parcels to M-M-N results in actual development of multi-family housing in furtherance of the City
Plan policy, and not one of the other permitted non-residential land uses, staff recommends the following
condition of approval:
Agenda Item 12
Item # 12 Page 4
Condition Number One: Development on the subject 21.98 acres shall be limited to multi-family
dwellings.
B. “Community and Neighborhood Livability and Sustainability - Environment: Emphasis on
redevelopment, infill, historic preservation, and high-efficiency housing and buildings also helps to
divert waste and conserve water, energy and other environmental resources. Lastly, a compact
development pattern and transportation options help reduce carbon emissions, reduce impacts on
climate change, and improved air quality. (Page 47)
In terms of utilization of public services and land consumption, multi-family housing is efficient and promotes
compact urban growth. In addition, Prospect Road is designated as an Enhanced Travel Corridor, which
means it will be served by transit in the future which offers an option in mobility.
C. “Growth Management Principle LIV 1: City development will be contained by well-defined
boundaries that will be managed using various tools including utilization of Growth Management
Area, community coordination, and Intergovernmental Agreements.” (Page 49)
The subject site has been annexed into the City for 28 years. The site does not represent an urban edge
condition, nor is I-25 considered a hard edge, as the City’s eastern boundary extends east to CR 5, a distance
of greater than one mile. The City’s boundary and Growth Management Area have been established in
conjunction with Larimer County and the Town of Timnath through a series of jointly adopted Agreements.
While the site may appear to be disconnected from the urban area, this is due to the Poudre River floodplain,
and three natural areas (Riverbend Ponds, Cottonwood Hollow and Running Deer). The areas that are not
protected are zoned for urban levels of intensity. (See the City Zoning Map attached.) For example:
East of I-25: C-G, General Commercial (15 acres) and I, Industrial (117 acres)
South of Prospect: E, Employment (143 acres)
Development of the subject site, and the larger Gateway at Prospect ODP, represents sound growth
management practice within existing City limits, within the GMA and in fulfillment of City Plan.
D. “Principal LIV 4: Development will provide and pay its share of the cost of providing needed public
facilities and services concurrent with development.” (Page 50-51)
The site is capable of being served with water and sanitary sewer by the East Larimer County Water and the
Boxelder Sanitation Districts. Electricity and natural gas can be extended to serve the site. Widening Prospect
Road to the arterial standard will be accomplished by multiple established mechanisms that ensure growth
shall pay its own way. This includes improving the development’s direct frontage and any off-site
improvements as may be necessary to mitigate the project’s impacts and achieve the City’s adopted levels of
service.
E. “Housing - Principal LIV 7: A variety of housing types and densities for all income levels shall be
available throughout the Growth Management Area.” (Page 59)
Multi-family housing has been identified as a critical component in the City’s mix of housing on a citywide
basis. For decades, the historic split between single family and multi-family housing has held at a consistent
60%/40% ratio. City Plan reinforces long-standing policies that multi-family housing must be widely distributed
and not concentrated around the Downtown or the CSU campus. (Land Use Policies Plan, 1979; City Plan,
1997, 2011.)
F. “Housing - Policy LIV 7.1: Encourage a Variety of Housing Types and Locations. Encourage a
variety of housing types and densities, including mixed-use developments that are well-served by
public transportation and close to employment centers, shopping, services and amenities.” (Page
59)
Agenda Item 12
Item # 12 Page 5
Rezoning the subject parcels to M-M-N will allow multi-family development within the 177-acre Gateway at
Prospect ODP, thus enriching the mix of housing. Currently, there is no M-M-N zoning within a radius of
greater than one mile. The subject parcels are within close proximity to land zoned for employment, industrial
shopping and services. Amenities include the active and passive outdoor recreation offered by Riverbend
Ponds, Cottonwood Hollow and Running Deer natural areas and the future regional trail along Boxelder Creek.
G. “City Structure Plan Map Principles and Policies - Focus on a Compact Development Pattern:
Growth within the City will be focused to promote a compact development pattern by directing
urban development to well-defined areas within the Growth Management Area (GMA). The
compact form of the city will also contribute to preserving environmentally sensitive areas and rural
lands, efficiently providing public services, and encouraging infill and redevelopment of existing
urban areas.” (Page 66)
Gateway at Prospect ODP is not sprawl or leapfrog development. The 177 acres are annexed, zoned and not
at the edge of the Growth Management Area. The development pattern is expected to provide three key
objectives:
Clustering the allowable density in the Urban Estate zone district will result in open space and provide
a land use transition along the western and northern edges;
Compact development and urban character will be placed on the parcels zoned L-M-N, C-G, I, and the
prospective M-M-N;
Natural resource protection will be provided along Boxelder Creek.
As noted, surrounding zoning is mixed ranging from Urban Estate to Industrial. I-25 adjoins the ODP to the
east. Since multi-family housing is expected to be distributed to all portions of the GMA, and contribute to the
vision for a compact development pattern, the rezoning fulfills the principles and policies of the Structure Plan
Map.
H. “City Structure Plan Map Principles and Policies - Provide an Interconnected Transit System: An
expanded public transit system is an integral component of the City Structure Plan Map. The
system is designed to provide for high-frequency transit service along major arterials and
Enhanced Travel Corridors. Feeder transit lines will provide connections from all major districts
within the city. The City’s compact form will help make comprehensive, convenient, and efficient
transit service possible.” (Page 66)
Prospect Road is designated on the Structure Plan Map as an Enhanced Travel Corridor. The density gained
by multi-family housing will help support transit as an alternative mode of travel.
I. “Components of City Structure Plan Map - Neighborhoods: Neighborhoods will serve as the
primary building blocks of the community’s built environment. 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 shopping, and places of work and civic
uses.” (Page 68)
Rezoning the subject parcels to M-M-N will enrich the mix of housing types. At the master plan level, Gateway
at Prospect includes a public neighborhood park, regional trail, future shopping and employment opportunities.
J. “Principle LIV 21: New neighborhoods will be integral parts of the broader community structure,
connected through shared facilities such as streets, schools, parks, transit stops, trails, civic
facilities and a Neighborhood Commercial Center or a Community Commercial District.” (Page 73)
As noted, the vision for Gateway at Prospect ODP is to build on the success of other large-scale master-
planned neighborhoods such as Rigden Farm, Oak Ridge, Miramont, The Landings, Sidehill/Bucking Horse
and the like. All of these mixed-use neighborhoods include multi-family housing at typical M-M-N densities.
With 177 acres, the goal is to create a neighborhood with a variety of housing types, a neighborhood park, a
regional trail and a commercial area. Multi-family housing will contribute to fulfilling these policies in a manner
Agenda Item 12
Item # 12 Page 6
that is customary to the City’s established development pattern.
K. “Principle LIV 22: The design of residential neighborhoods should emphasize creativity, diversity
and individuality, be responsive to its context, and contribute to a comfortable, interesting
community.” (Page 74)
Multi-family housing on 22.43 acres of a 177-acre ODP will add housing diversity and help create a mixed-use
neighborhood.
L. “Policy LIV 22.1: Vary Housing Models and Types. Provide variation in house models and types in
large development, along with variations in lot and block sizes, to avoid monotonous streetscapes,
increase housing options, and eliminate the appearance of a standardized subdivision.” (Page 74)
Adding M-M-N zoning to the Gateway at Prospect ODP will contribute to the mix of housing types and options
within a large, unified development. Streetscapes will include buildings facing streets with front doors and
connecting walkways to avoid the appearance of a standardized subdivision. Per Section 3.8.30(F)(2) -
Design Standards for Multi-Family Dwellings - Variation Among Buildings, projects containing more than five
buildings must provide at least three distinctly different building designs (excluding clubhouse). In order to
ensure compliance with this City Plan policy, and to ensure the elimination of the appearance of standardized
land development, staff recommends the following condition of approval:
Condition Number Two: Multi-family development on the subject 22.43 acres (also designated as
Parcel J on the Amended O.D.P.) must include four distinctly different building designs as defined
by the Section 3.8.30(F)(2) - Design Standards for Multi-Family Dwellings - Variation Among
Buildings.
M. “Policy LIV 22.2: Provide Creative Multi-Family Housing Design. Design smaller multi-family
buildings to reflect the characteristics and amenities typically associated with single family
detached houses. These characteristics and amenities include orientation of the front door to a
neighborhood sidewalk and street, individual identity, private outdoor space, adequate parking and
storage, access to sunlight, privacy and security.” (Page 74)
As mentioned, Gateway at Prospect ODP will include public streets, a public neighborhood park, a regional
trail, a commercial center and employment uses. South of Prospect Road there are 143 acres zoned
Employment and east of I-25 there are 132 acres zoned C-G and I. The proposed multi-family component will
include buildings that front on public streets with individual street-facing ground floor units featuring their own
entrance and connecting walkways to the maximum extent feasible. The multi-family dwellings will be within
approximately one-quarter of a mile of the future public neighborhood park, a future commercial center and
adjacent to the proposed Boxelder Creek Regional Trail.
Staff finds that the multi-family component, as proposed, would be integrated into the larger neighborhood in a
town-like pattern unlike a prototypical apartment complex with series of inward-facing buildings served by
common breezeway entrances and perimeter parking lots. M-M-N zoning would contribute to supporting
commercial uses that would serve the larger neighborhood. The proposed rezoning is found to conform to the
basic design characteristics and amenities of the M-M-N zone. In order to ensure that any subsequent PDP
comply with these basic design characteristics, staff recommends the following condition of approval:
Condition Number Three: Multi-family development on the 22.43 acres that are the subject of the
rezoning, must be designed with a framework of streets (public or private) and that buildings are
oriented to these streets to the maximum extent feasible. In addition, street-facing ground floor
units must include each unit having an individual entrance. Further, such street-facing units must
include a front porch or stoop that is connected to the sidewalk through a walkway. Where it is not
possible to orient a building to a street, such buildings must comply with the pedestrian
connectivity standards of Section 3.5.2(D) - Relationship of Dwellings to Streets and Parking.
Agenda Item 12
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A. “Medium Density Mixed-Use Neighborhoods - Purpose: …are intended to be setting for a diverse
mix of concentrated housing within easy walking or biking distance of transit, commercial services,
employment, and parks or recreational amenities. Neighborhoods may also contain other
moderate-intensity, neighborhood serving uses of a complementary scale and character.
Buildings, streets, bike and walking paths, and open spaces and parks will be configured to create
an inviting and convenient living environment. Medium Density Mixed-Use Neighborhoods are
intended to function together with surrounding Low Density Mixed-Use Neighborhoods and a
centrally located Neighborhood or Community Commercial District, providing a more gradual
transition in development intensity and use. Medium Density Mixed-Use Neighborhoods will be
further unified with surrounding neighborhoods and districts through a connected pattern of streets
and blocks.” (Page 80)
The prototypical arrangement of M-M-N zoning on a city-wide basis is that such zones are generally located
between N-C, Neighborhood Commercial or C-C, Community Commercial and L-M-N, Low Density Mixed-Use
Neighborhood. This hierarchy places the commercial properties along the arterial streets, bounded by M-M-N,
which in turn is then bounded by L-M-N.
As proposed, the subject 22.43 acres are bounded by the following:
North: L-M-N, Low Density Mixed-Use Neighborhood (55.6 acres)
South: East Prospect Road (500 linear feet of frontage)
East: C-G, Commercial (27 acres)
West: County Residential
While the proposed rezoning arrangement does not perfectly comply with the prototypical relationship among
the three zones, all three zones are represented, and concentrated M-M-N housing is in close proximity to
transit, commercial services and employment. In addition, the proposed M-M-N parcel is within easy walking
or biking distance to the future public neighborhood park and the proposed regional bike trail. Finally, the three
zone districts are all part of the ODP and will function together by virtue of a connected pattern of streets and
blocks.
A. “Principal LIV 29: Medium Density Mixed-Use Neighborhoods include a mix of medium density housing types,
providing a transition and link between lower density neighborhoods and a Neighborhood, Community
Commercial or Employment district.” (Page 80.)
As noted, the subject parcels include 22.43 acres which are located between the lower density existing County
subdivision to the west and the L-M-N parcels within the ODP and the parcels zoned C-G, General
Commercial and E, Employment per the Gateway at Prospect ODP.
The proposed M-M-N zone would adjoin County Residential zoning. There are eight abutting properties.
Initially, from strictly a zoning perspective, this juxtaposition may seem abrupt but distances between the
existing houses to the west and the subject site are significant. (The applicant has prepared an illustrative map
showing these separations.) The land development standards in Article Three of the Land Use Code are
specifically intended to ensure that new development is of high quality, and that impacts are identified and
mitigated in order to achieve compatibility.
The applicant has included, for information purposes, a conceptual site plan indicating a multi-family project
that shows up to 276 dwelling units. Distributed over 22.43 acres, the average residential density would be
12.30 dwelling units per gross acre. This slightly exceeds the required minimum density of 12.00 d.u./ac. for
parcels greater than 20 acres in the M-M-N zone.
(For comparison purposes, it is interesting to note that in the L-M-N zone, a single phase is allowed to be
developed multi-family dwelling units up to a maximum of 12.00 d.u./ac. but only as long as the overall project
does not exceed 9.00 du/ac., there are no more than 12 units per building and no more than 14,000 square
feet per building.)
Agenda Item 12
Item # 12 Page 8
In order to ensure that future multi-family development at this location, under M-M-N zoning, takes its place
within the transitional hierarchy called for in the City Plan policy; staff recommends the following condition of
approval:
Condition Number Four: Multi-family development on the subject 22.43 acres (also designated as
Parcel J on the Amended Gateway at Prospect Overall Development Plan), shall be capped at 276
dwelling units.
B. “Principal LIV 29-3: Integrate the design of a Medium Density Mixed-Use Neighborhood with a
Neighborhood Commercial or Community Commercial District. Residents should be able to easily
get to the Commercial District without the need to use an arterial street.” (Page 80)
Access from the proposed M-M-N parcels to the areas zoned General Commercial would be via an east-west
local connector street and the existing north-south Southwest Frontage Road, designated as a collector
roadway, both of which include public sidewalks.
C. “Principal LIV 29-3: Integrate the design of a Medium Density Mixed-Use Neighborhood with a
Neighborhood Commercial or Community Commercial District. Residents should be able to easily
get to the Commercial District without the need to use an arterial street.” (Page 80)
Access from the proposed M-M-N parcels to the areas zoned General Commercial would be via an east-west
local connector street and the existing north-south Southwest Frontage Road, designated as a collector
roadway, both of which include public sidewalks.
D. Catalyst Project Area: Catalyst areas are viewed as places for ongoing and new public and private
sector initiatives that use a multi-disciplinary and triple bottom line approach, addressing
economic, environmental and social factors in a balanced manner. City Plan focuses on City
actions that can inspire private sector response and create catalytic change. (Page 157)
The Prospect/I-25 Gateway is identified as one of 14 Catalyst Project Areas and is one of three Catalyst Areas
that is not presently zoned to allow multi-family at greater than 12 du/ac. (Portions of the other two areas
include land that is not yet annexed and zoned.) Staff contends that the greater the mix of land uses and
variety housing choices, the greater the potential for creating a critical mass that would position the area for
catalytic change per the vision outlined in City Plan.
4. Section 2.9(H)(2)(b) - Warranted by Changed Conditions Within the Neighborhood Surrounding and
Including the Subject Property
Changes since the last rezoning in 2004:
A commitment by the Colorado Department of Transportation (CDOT) to widen I-25 to three lanes
between Mulberry Street and Loveland at an estimated cost of $235 million dollars to be constructed
beginning in 2018.
A commitment by the owners of land at the four quadrants of I-25 and Prospect Road to collectively
contribute up to $7 million dollars to widen the I-25/Prospect Road interchange estimated to cost a
total of $28 million dollars. This interchange improvement is not currently a part of the lane widening
project of 2018. If not included in this lane widening, then the interchange improvement would be
delayed until 2035.
A feasibility analysis by the City of Fort Collins and the Town of Timnath to collectively contribute up to
$7 million dollars to widen the I-25/Prospect Road interchange.
A commitment by CDOT to match the aforementioned $14 million dollars to construct the interchange
improvement so that the interchange could be improved at the same time as the lane widening project
and benefit from economies of scale.
Improvements by the Boxelder Basin Regional Stormwater Authority to control flooding along Boxelder
Agenda Item 12
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Creek adjacent to the Gateway at Prospect ODP at an estimated cost of $10.5 million dollars. This will
remove a significant amount of land area outside the floodplain and will be documented by a Letter of
Map Revision by F.E.M.A.
Passage of the Poudre School District Bond Issue which funds the construction of a high school and
middle school campus on the 110-acre parcel north of Prospect Road and east of I-25 at an estimated
cost of $125.5 million dollars.
Adoption of the City of Fort Collins Parks and Recreation Trails Master Plan which calls for a regional
trail along Boxelder Creek and between the two irrigation ditches within the Gateway at Prospect ODP.
Adoption of the City of Fort Collins Parks and Recreation Master Plan which calls for a future public
neighborhood park within the Gateway at Prospect ODP.
The conveyance (by trade) of the former (143 acres) City of Fort Collins Sludge Farm, south of
Prospect Road, to Colorado State University Research Foundation, and rezoning the parcel from P-O-
L, Public Open Lands, to E, Employment.
Ratification of an Intergovernmental Agreement between the City of Fort Collins and the Town of
Timnath on the boundaries of their respective Growth Management Areas. Based on the Timnath
GMA, existing agricultural land is expected to develop at an urban level of residential density.
As can be seen, there are a number of significant changes within the neighborhood surrounding and including
the subject property over the past 12 years. Staff contends that proposed rezoning is warranted by these
changes.
5. Section 2.9(H)(3)(a) - Whether and the Extent To Which the Proposed Amendment is Compatible
With Existing and Proposed Uses Surrounding the Subject Land and is the Appropriate Zone
District for the Land.
The 177 acres of Gateway at Prospect ODP are undeveloped. Regarding the various residential parcels to the
west, the applicant has provided an exhibit that illustrates an on-site transitional buffer ranging from 9 to 88
feet, located between the rear property lines of the County parcels to the edge of the future north-south street.
The exhibit also shows the off-site separation between the existing houses to the west to the ODP’s onsite
transitional buffer ranging from 35 to 787 feet. These physical separations are effective in achieving
compatibility. The owner of the nearest house has provided a letter in support of the rezoning and amended
ODP.
In addition, while not a buffer, the future north-south public street will include 76 feet of total right-of-way plus
18 feet of total utility easement (94 feet) which contributes to separation. Finally, there would be on-site design
aspects, such as building setbacks and front yard landscaping on the east side of the future street that will
contribute to overall buffering and separation. Combined, these buffers, distances and setbacks contribute to
buffering and mitigation of any negative impacts.
The proposal to introduce M-M-N zoning, in relationship to Boxelder Estates and other adjacent properties, is
proportional to that of similar relationships found within the City’s Growth Management Area. Due to the
privately-owned buffer, there will be no street connections and thus no traffic impacts. The multi-family
housing can be placed at distances that are equal to or greater than similar land use relationships found
throughout the City.
In addition, compatibility can be achieved by requiring the elements of compatibility to be implemented at the
PDP stage. Consistent with City Plan and existing development patterns, the existence of a County semi-rural,
residential subdivision does not preclude the City from realizing the goals of compact urban form and
opportunities for a variety of housing in all parts of the City.
In order to ensure that any subsequent PDP complies with the applicable compatibility criteria, Staff
recommends the following three conditions of approval:
Condition Number Five: Multi-family development on the subject 21.98 acres must be designed
Agenda Item 12
Item # 12 Page 10
such that buildings do not exceed 40 feet in height. Masonry exterior materials must be provided
on the front elevations up to at least the top of the first floor. Off-street parking must not be
located between buildings and streets (public or private) to the maximum extent feasible.
Condition Number Six: A transitional landscape buffer ranging between 9 and 88 feet must be
provided between the rear (east) property lines of the adjoining County parcels and the western
edge of the future north-south collector road, as well as along the north property line of 3604 E.
Prospect Road. Further, such area shall be densely landscaped, with an emphasis on the northern
portion, and overall, must include a mix of evergreen and deciduous trees and other plants,
undulating earthen berms, sustainable ground covers and proper irrigation in order to establish an
effective and aesthetically pleasing land use transition.
Condition Number Seven: The multi-family buildings that are placed along the future north-south
street that intersects with Prospect Road must be setback from the property line by no less than 15
feet.
Staff, therefore, finds that the proposed rezoning of the subject 21.98 acres to M-M-N, as conditioned, is
compatible with existing and proposed uses and is the appropriate zone district for the land.
6. Section 2.9(H)(3)(b) - Whether and the Extent to Which the Proposed Amendment Would Result in
Significantly Adverse Impacts on the Natural Environment, Including, But Not Limited to Water, Air,
Noise, Stormwater Management, Wildlife, Vegetation, Wetlands and the Natural Functioning of the
Environment.
Under current L-M-N zoning, multi-family is permitted but capped at three specific metrics. In addition, there
are over 30 permitted uses ranging from single-family detached to convenience retails stores with fuel sales.
This wide range is intentional and specifically calibrated to create mixed-use neighborhoods as envisioned by
City Plan.
Under current E zoning, multi-family housing is also permitted with no caps on the three aforementioned
metrics. In addition, there are over 67 permitted uses ranging from single family detached to light industrial.
This wide range of uses is intended to provide locations for a variety of workplaces. Secondary uses are
allowed to support primary uses and to allow residential in close proximity to employment.
Up-zoning 12.40 acres of L-M-N and down-zoning 10.03 acres of E to 22.43 acres of M-M-N would not create
any different impact on natural habitats and features than the impacts associated with the permitted uses in the
underlying zone districts. The wide range of currently permitted uses is roughly comparable to M-M-N
permitted uses, particularly the non-residential commercial uses. The rezoning to M-M-N would not result in
significant adverse impact on the stated criteria.
7. Section 2.9(H)(3)(c) - Whether and the Extent to Which the Proposed Amendment Would Result in a
Logical and Orderly Development Pattern.
The current zoning around the four quadrants of the I-25/Prospect Road interchange is as follows:
Northwest (Vacant - Gateway at Prospect O.D.P.):
C-G, General Commercial 27 acres
E, Employment 60 acres
L-M-N, Low Density Mixed-Use Neighborhood 68 acres
U-E, Urban Estate 22 acres
Southwest (Vacant - CSURF):
E, Employment 143 acres
Agenda Item 12
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Southeast (Vacant - Paradigm Properties):
C-G, General Commercial 17 acres
Northeast (Vacant - White Brothers):
C-G, General Commercial 15 acres
I, Industrial 117 acres
Total: 469 acres
As can be seen, there is no M-M-N zoning within the four quadrants of the interchange covering a total of 469
acres. In contrast, a square mile section is 640 acres and defined by section line roads typically classified as
arterial streets. On a city-wide basis, with the exception of natural areas, it is rare to find such a large area as
469 acres that does not include either M-M-N zoning, or comparable multi-family housing developed under
different zoning or under prior law. Allowing M-M-N on the subject site would result in creating opportunities to
locate housing in close proximity to a variety of potential workplaces. Further, such M-M-N zoning would be
the only such zone within a 1.5 mile radius.
Staff finds that this arrangement of zoning would also result in a logical and orderly development pattern for
east-central Fort Collins.
In conclusion, the request to rezone two parcels to M-M-N complies with the applicable criteria of City Plan to
amend the Structure Plan Map and Section 2.9 of the Land Use Code.
CITY FINANCIAL IMPACTS
There are no direct financial or economic impacts resulting from the Structure Plan Map amendment and the
rezoning request that would be any different than if the land development occurred under existing zoning.
BOARD / COMMISSION RECOMMENDATION
On January 12, 2017, at its regular meeting, the Planning and Zoning Board voted unanimously (6 – 0) to approve
the Structure Plan Map Amendment and the rezoning of two parcels from L-M-N and E to M-M-N.
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to quasi-judicial map
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. A neighborhood meeting was held on December 19,
2016. Note that two earlier meetings were held in conjunction with the amended ODP and the Request for an
Addition of Permitted Use. The request for an APU was withdrawn and replaced by a request for rezoning. All
three neighborhood meeting summaries are attached since the issues related to potential multi-family development
are similar whether entitled by an APU or rezoning. One of the results of this public outreach is the
recommendation of seven conditions of approval.
Agenda Item 12
Item # 12 Page 12
ATTACHMENTS
1. Aerial Vicinity Map (PDF)
2. Proposed Structure Plan Map Amendment (PDF)
3. Existing Zoning (PDF)
4. Proposed Rezoning (PDF)
5. East Prospect Corridor Features Map (PDF)
6. East Prospect Corridor Zoning Map (PDF)
7. Rezoning Map/Legal Descriptions (PDF)
8. City Plan M-M-N Purpose and Policies (PDF)
9. Applicant's Rezone Justification (PDF)
10. Gateway at Prospect Amended ODP (PDF)
11. First Neighborhood Meeting Summary (PDF)
12. Second Neighborhood Meeting Summary (PDF)
13. Third Neighborhood Meeting Summary (PDF)
14. Planning and Zoning Board Minutes, January 12, 2017 (draft) (PDF)
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ORDINANCE NO. 025, 2017
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 GATEWAY AT PROSPECT REZONING
AND MAKING CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”)
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, at its meeting on January 12, 2017, the City Planning and Zoning Board
unanimously recommended rezoning the property that is the subject of this Ordinance as set forth
below and 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, in accordance with the foregoing, the City Council has considered the
rezoning of the property that is the subject of this Ordinance and has determined that said
property should be rezoned as hereinafter provided; and
WHEREAS, the City 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 City Council has also analyzed the proposed
rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
Section 2. That the Zoning Map adopted by Division 1.3.2 of the Land Use Code of
the City of Fort Collins is hereby amended by changing the zoning classification of 12.40 acres
from Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, to Medium Density
Mixed-Use Neighborhood (“M-M-N”) Zone District, for the following described property in the
City known as the Gateway at Prospect Rezoning:
A tract of land being a portion of the Southeast Quarter of Section 16, Township 7 North, Range
68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more
particularly described as follows:
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Considering the South line of the Southeast Quarter of Section 16, T7N, R68W as bearing North
00° 33' 51" East and with all bearings contained herein relative thereto:
PARCEL 2:
COMMENCING at the South Quarter corner of Section 16; thence along the West line of the
Southeast Quarter of Section16, North 00° 11' 16" East, 360.01 feet; thence, North 00° 11' 16”
East, 14.91 feet to the POINT OF BEGINNING; thence, North 00° 11” 16” East, 761.98 feet;
thence, North 90° 00” 00” East, 835.33 feet; thence, South 48° 21” 44” East, 46.60 feet; thence,
South 30° 17” 28” West, 565.44 feet; thence, South 05° 36” 07” West, 81.76 feet; thence along a
curve concave to the west having a central angle of 19° 03” 45” with a radius of 610.00 feet, an
arc length of 202.95 feet and the chord of which bears South 19° 01” 34” West, 202.01 feet;
thence, South 88° 21” 50” East, 20.33 feet; thence, South 01° 38” 10” West, 96.90 feet; thence,
North 88° 21” 50” West, 60.00 feet; thence, North 56° 32” 31” West, 208.88 feet; thence, North
88° 02” 35” West, 297.10 feet to the POINT OF BEGINNING, containing 540,254 square feet
or 12.403 acres, more or less.
The above described area is subject to all easements and rights-of-way now on record or existing.
Section 3. That the Zoning Map adopted by Division 1.3.2 of the Land Use Code of
the City of Fort Collins is hereby amended by changing the zoning classification of 22.43 acres
from Employment (“E”) Zone District, to Medium Density Mixed-Use Neighborhood (“M-M-
N”) Zone District, for the following described property in the City known as the Gateway at
Prospect Rezoning:
Tracts of land being a portion of the Southeast Quarter of Section 16, Township 7 North, Range
68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more
particularly described as follows:
Considering the South line of the Southeast Quarter of Section 16, T7N, R68W as bearing North
00° 33' 51" East and with all bearings contained herein relative thereto:
PARCEL 1:
COMMENCING at the South Quarter corner of Section 16; thence along the West line of the
Southeast Quarter of Section16, North 00° 11' 16" East, 360.01 feet to the POINT OF
BEGINNING; thence, North 00° 11' 16” East, 14.91 feet; thence, South 88° 02' 35” East, 297.10
feet; thence, South 56° 32' 31” East, 208.88 feet; thence, South 88° 21' 50” East, 60.00 feet;
thence, North 01° 38' 10” East, 96.90 feet; thence, North 88° 21' 50” West, 20.33 feet; thence
along a curve concave to the west having a central angle of 19° 03' 45” with a radius of 610.00
feet, an arc length of 202.95 feet and the chord of which bears North 19° 01' 34” East, 202.01
feet; thence, North 05° 36' 07” East, 81.76 feet; thence, North 30° 17' 28” East, 565.44 feet;
thence, South 48° 21' 44” East, 400.32 feet; thence, South 58° 32' 55” West, 129.64 feet; thence,
South 24° 25' 35” West, 303.45 feet; thence, South 00° 50' 59” West, 222.69 feet; to the
Northeast corner of Lot 3, Block 2, Boxelder Estates Second Filing; thence along the North and
West lines of said Lot 3 the following 2 courses and distances: North 88° 21' 50” West, 290.40
feet; South 01° 38' 10” West, 269.97 feet to the North right-of-way line of East Prospect Road;
thence along said North line, North 88° 21' 25” West, 515.72 feet to the East line of Lot 1, Block
1, Boxelder Estates Second Filing; thence along the East and North lines of said Lot 1 the
following 2 courses and distances: North 00° 11' 10” East, 330.01 feet; thence, North 88° 21' 50”
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West, 120.13 feet to the POINT OF BEGINNING, containing 437,090 square feet or 10.034
acres, more or less.
The above described area is subject to all easements and rights-of-way now on record or existing.
Section 4. That, as authorized by Section 2.9.4(I) of the Land Use Code, the
following seven conditions of approval shall apply to the land subject to this rezoning:
1. Development shall be limited to multi-family dwellings.
2. Multi-family development must include four distinctly different building designs
as defined by Land Use Code Section 3.8.30(F)(2), Design Standards for Multi-Family
Buildings, which states:
(2) Variation Among Buildings. For any development containing at least
three (3) and not more than five (5) buildings (excluding clubhouses/leasing
offices), there shall be at least two (2) distinctly different building designs. For
any such development containing more than five (5) buildings (excluding
clubhouses/leasing offices), there shall be at least three (3) distinctly different
building designs. For all developments, there shall be no similar buildings placed
next to each other along a street, street-like private drive or major walkway spine.
Building designs shall be considered similar unless they vary significantly in
footprint size and shape. Building designs shall be further distinguished by
including unique architectural elevations and unique entrance features within a
coordinated overall theme of roof forms, massing proportions and other
characteristics. Such variation among buildings shall not consist solely of
different combinations of the same building features.
3. Multi-family development must be designed with a framework of public or
private streets and the front of buildings must face such streets to the maximum extent
feasible. In addition, ground floor units located along the front of any building facing a
street must have an individual entrance and must include a front porch or stoop that is
connected to the sidewalk through a walkway. Where it is not possible to orient a
building to a street, such buildings must comply with the pedestrian connectivity
standards of Land Use Code Section 3.5.2(D) which states:
(D) Relationship of Dwellings to Streets and Parking.
(1) Orientation to a Connecting Walkway. Every front facade with a primary
entrance to a dwelling unit shall face the adjacent street to the extent reasonably
feasible. Every front facade with a primary entrance to a dwelling unit shall face a
connecting walkway with no primary entrance more than two hundred (200) feet
from a street sidewalk. The following exceptions to this standard are permitted:
(a) Up to two (2) single-family detached dwellings on an individual lot
that has frontage on either a public or private street.
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(b) A primary entrance may be up to three hundred fifty (350) feet
from a street sidewalk if the primary entrance faces and opens directly
onto a connecting walkway that qualifies as a major walkway spine.
(c) If a multi-family building has more than one (1) front facade, and
if one (1) of the front facades faces and opens directly onto a street
sidewalk, the primary entrances located on the other front facade(s) need
not face a street sidewalk or connecting walkway.
(2) Street-Facing Facades. Every building containing four (4) or more
dwelling units shall have at least one (1) building entry or doorway facing any
adjacent street that is smaller than a full arterial or has on-street parking.
4. Multi-family development shall be capped at 276 dwelling units total.
5. Multi-family development must be designed such that buildings do not exceed
forty feet in height. Masonry exteriors materials must be provided on the front elevations
up to at least the top of the first floor. Off-street parking must not be located between
buildings and streets (public or private) to the maximum extent feasible.
6. A transitional landscape buffer ranging between nine and eighty-eight feet must
be provided between the rear (east) property lines of the adjoining parcels, currently
located in unincorporated Larimer County, and the western edge of the future north-south
collector road, as well as along the north property line of 3604 E. Prospect Road.
Further, such area shall be densely landscaped, with an emphasis on the northern portion,
and overall, must include a mix of evergreen and deciduous trees and other plants,
undulating earthen berms, sustainable ground covers and proper irrigation in order to
establish an effective and aesthetically pleasing land use transition.
7. A future north-south public street (the “Street”) is proposed to be constructed to
serve development within the land subject to this rezoning. The Street will intersect E.
Prospect Road, run north along the western edge of the M-M-N zone district, and
continue north to serve the adjacent U-E and L-M-N zone districts. The Street will be
located approximately 1,122 feet west of the intersection of E. Prospect Road and the
Southwest Frontage Road. All multi-family buildings that are placed along the Street
must be set back from the property line by no less than fifteen feet.
Section 5. That the Residential Neighborhood 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 included in the Residential Neighborhood Sign
District.
Section 6. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2017, and to be presented for final passage on the 21st day of February, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk