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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 Item # 12 Page 7 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 Item # 12 Page 9 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 Item # 12 Page 11 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) -1- 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: -2- 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” -3- 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. -4- (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. -5- 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