Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/07/2017 - ITEMS RELATING TO GATEWAY AT PROSPECT PLAN AMENDMEAgenda 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. 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) ATTACHMENT 1 ATTACHMENT 2 EXISTING ZONING ATTACHMENT 3 PROPOSED REZONING ATTACHMENT 4 EAST PROSPECT CORRIDOR FEATURES MAP ATTACHMENT 5 EAST PROSPECT CORRIDOR ZONING MAP ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8 Page 1 December 14, 2016 Gateway at Prospect Justification of Rezoning Request Ownership The owner of Gateway at Prospect (“Gateway”) is Fort Collins/I-25 Interchange Corner, LLC (“FCIC”), a 14 member group that acquired the Gateway property in 2013 for investment purposes. The Property Gateway is the 177-acre property located at the northwest corner of I-25 and Prospect Road. Recent History Gateway was previously owned by a Great Britain based investment group called Western VII Investments LLC, which called the property “Interstate Land.” It was annexed to the City and zoned in April 1989. It has been rezoned twice since, most recently in April 2000. An Overall Development Plan (“ODP”) was approved in 2004. Adjacent Properties In addition to Gateway at the northwest corner, the other properties at the corners of Prospect and I- 25 are:  Southwest Corner: 142-acre tract owned by Colorado State University Research Foundation (“CSURF”). The property is annexed to the City and zoned for employment and commercial development. Its proposed use is for a high-tech campus to house spin-offs from CSU and other R&D uses.  Northeast Corner: 129.4 acres owned by Rudolph Farms. The property is annexed and zoned for commercial development. Its proposed uses include retail, industrial, assisted living facilities and a church.  Southeast Corner: 17.4 acres owned by Paradigm. The property is annexed and zoned for commercial development. Proposed uses are the permitted commercial uses, and would include retail, restaurants, fast food and office/warehouse. Additional properties surrounding Gateway  To the South, the Colorado Welcome Center owned by Colorado State University, a CDOT rest area, a strip owned by the City, and a 12.5-acre tract owned by K and M Company.  To the West, Boxelder Subdivision and Sunrise Acres Subdivision, both older Larimer County residential subdivisions.  To the North, a fully developed Larimer County industrial park.  In addition to the foregoing, the 110 acre Poudre School District site is just east of the Northeast Corner, on the north side of Prospect Road, and is planned for a Senior High/Middle School and associated athletics fields. Construction of the school was approved as part of the recent $375 Million Poudre School District Bond Issue. Page 2 Request For Rezone This is a request to rezone approximately 12.4 acres of LMN (Low Density Mixed-Use Neighborhoods) district and approximately 8.4 acres of E (Employment) district land at Gateway at Prospect (a total of 20.8 acres) to MMN (Medium Density Mixed-Use Neighborhoods). The purpose of the rezoning is to allow for an increased level of residential intensity, for an already permitted use within both of the existing zone districts. The MMN parcel would provide a more gradual transition in development intensity and use between lower density development to the west and higher intensity development proposed to the east. The MMN zone district also allows for the opportunity to provide more diversity in housing product within the City. There are several other neighborhoods in Fort Collins that have MMN zoning situated in a similar way to what is proposed at Gateway at Prospect including: a) Carpenter and College Ave b) Harmony and College Ave c) Harmony and Boardwalk d) Harmony and Lemay e) Timberline and Zephyr f) College and Crestridge g) Harmony and Shields h) Horsetooth and Shields i) Drake and Shields j) Prospect and Shields k) Prospect and Overland l) Taft Hill and Elizabeth m) Shields and Elizabeth n) College and Willox o) Vine and Timberline p) Mulberry and Greenfield q) Timberline and Drake r) Timberline and Horsetooth The MMN at Gateway at Prospect, as proposed, would be the only MMN property in the I- 25/Gateway district, as it is not zoned in any of the other quadrants of the interchange. 1. Text Amendments and Legislative Zonings or Rezonings. Amendments to the text of this Code, and amendments to the Zoning Map involving the zoning or rezoning of more than six hundred forty (640) acres of land (legislative rezoning), are matters committed to the legislative discretion of the City Council, and decisions regarding the same are not controlled by any one (1) factor. The proposed area for rezoning is less than six hundred forty (640) acres of land. 2. Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi- judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: a. consistent with the City's Comprehensive Plan; and/or The rezone to MMN (Medium Density Mixed Use Neighborhood) at Gateway at Prospect meets the intent of the City’s Comprehensive Plan and City Plan which is a component of the Comprehensive Plan in the following ways: 1. Introduction – Community and Neighborhood Livability a. Defining how neighborhoods will accommodate future population and lifestyle shifts. Page 3 2. Introduction – Urban design and Historic Preservation a. Defining gateways that help distinguish Fort Collins from surrounding communities. 3. Introduction – Housing a. Serving the housing needs of many diverse groups and changing demographics. b. Providing high-performing housing for all income groups. 3. Community and Neighborhood Livability Vision a. A compact pattern of development within a well-defined community boundary. b. Cohesive, distinct, vibrant, safe and attractive neighborhoods c. Quality and accessible housing options for all household types and income levels. d. Distinctive and attractive community image, design, and identity. 4. Community and Neighborhood Livability a. Overview: …By increasing the overall average density of the city, the community’s neighborhoods will foster efficient land use, support a mix of housing types, increase efficiency of public utilities, streets, facilities, and services, and accommodate multiple mode of travel (including vehicle, bus, bike and walking). b. Supporting land uses are to be brought together in a development pattern designed to create a pleasant environment for walking and bicycling as well as automobile and transit travel. c. Activity centers generally correspond to Commercial Districts identified on the City Structure Plan Map and are intended to be vibrant, walkable, bicycle friendly, transit-supportive places that contain a mix of housing, employment, retail, culture, arts and dining. d. Earlier versions of City Plan also envisioned a community with a wide variety of housing types (including single-family houses, duplexes, townhomes, apartment, and condos/lofts) – ideas which are carried forward in this chapter of the 2010 City Plan so that people from all income levels may have choices of affordable and quality housing in diverse neighborhoods throughout the community. e. Finally, the earlier versions of City Plan introduced the introduced the City Structure Plan Map to guide ongoing growth and evolution of the community. It translates the overall vision for our built environment into a map with four basic kinds of components that make up the physical form and development pattern of the city: Neighborhoods, Districts, Edges, and Corridors. These components are structured around the following key themes: - Focus on a Compact Development Pattern - Provide an interconnected Transit System - Accommodate Multiple Means of Travel - Provide Transit-Oriented Activity Centers - Provide an Interconnected System of Open Lands - Reduce Carbon Emissions 5. Community and Neighborhood Livability and Sustainability a. The economic, environmental and human aspects of the City’s sustainability relate to community and neighborhood livability in the following ways: b. Economy: A mix of land uses (housing, retail, employment, etc.) provides opportunities to grow and diversity the economy throughout the community and for citizens to meet their retail an services needs in a variety of locations. 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. c. Human: Community and neighborhood livability is related to human well-being in that a mix of land uses and housing and transportation options provide opportunities for citizens to be self- sufficient and to live, work, and travel within the community. 6. Subarea Plans a. Prospect Road Streetscape Plan Page 4 7. Housing – Principle LIV 7: A variety of housing types and densities for all income levels shall be available throughout the Growth Management Area. a. Policy LIV 7.1 – Encourage Variety in 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. b. Policy LIV 7.2 – Develop and Adequate Supply of Housing: Encourage public and private for-profit and non-profit sectors to take actions to develop and maintain and adequate supply of single- and multiple-family housing. 8. City Structure Plan Map Principles and Policies a. 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. b. 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 (including Prospect Road). 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. c. Accommodate Multiple Means of Travel The City’s form and structure will facilitate pedestrians, bicycles, and transit, as well as cars and trucks. New development will be organized and woven into a compact pattern that is conducive to automobile, pedestrian, bicycle, and public transit travel. d. Components of the City Plan 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, places of work and civic uses. e. Policy LIV 22.1 – Vary Housing Models and Types Provide variation in house models and types in large developments, along with variations in lot and block sizes, to avoid monotonous streetscapes, increase housing options, and eliminate the appearance of standardized subdivision. f. 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. g. Policy LIV 22.3 – Offer Multi-Family Building Variation Offer variation among individual buildings within multi- building projects, yet stay within a coordinated overall “design theme. Achieve variation among buildings through a combination of different footprints, facade treatment, roof forms, entrance features, and, in specialized cases, building orientation. Avoid monotonous complexes of identical buildings, although there may be ways to achieve visual interest among substantially identical buildings with a high degree of articulation on each building, combined with variation in massing on the site. 9. MEDIUM DENSITY MIXED-USE NEIGHBORHOODS (MMN) a. Purpose: Medium Density Mixed-Use Neighborhoods are intended to be settings 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- Page 5 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. b. Policy LIV 29.2 – Mix of Uses Include other neighborhood-serving uses in addition to residential uses. Although the actual mix of uses in each neighborhood will vary, Medium Density Mixed-Use Neighborhoods may include the following: Principal uses: Detached single-family homes on small lots (under 6,000 square feet), duplexes, townhouses, accessory dwelling units, group homes, live-work units, and multi- family housing. Supporting uses: Non-retail uses such as places of worship; day care (adult and child); parks and recreation facilities; schools; small civic facilities; offices and clinics; small businesses with low traffic and visibility needs such as service shops, studios, workshops bed-and- breakfasts, and uses of similar intensity; neighborhood serving retail uses; dwelling units stacked above retail or office space; and live- work units. Home occupations are permitted provided they do not generate excessive traffic and parking, or have signage that is not consistent with the residential character of the neighborhood. c. Policy LIV 29.3 – Neighborhood or Community Commercial District Integrate the design of a Medium Density Mixed-Use neighborhood with a Neighborhood Commercial District or Community Commercial District. Residents should be able to easily get to the Commercial District without the need to use an arterial street. d. Policy LIV 29.4 – Mix of Housing Types Include a variety of housing types suitable to a Medium Density Mixed-Use Neighborhood’s transitional, higher- activity location. Mix and distribute housing types at the neighborhood and block level, rather than creating isolated pockets of a particular housing type. Incorporate low- and medium-cost housing with higher-cost housing and non-residential uses. e. Policy LIV 29.5 – Transitions Encourage non-residential uses and larger buildings of attached and multiple-family housing near the commercial core, with a transition to smaller buildings, such as duplex and detached houses, closer to surrounding lower density neighborhoods. 10. Enhanced Travel Corridors a. Policy LIV 43.3 – Support Transit-Supportive Development Patterns Support the incorporation of higher intensity, transit- supportive development along Enhanced Travel Corridors through infill and redevelopment. Encourage the densities and broader mix of uses necessary to support walking, bicycling, and transit use while accommodating efficient automobile use. 11. Longer Term Action Item a. Gateway Design Standards (including Prospect Road) b. Prospect Enhanced Travel Corridor Plan 12. Catalyst Project Areas a. During the Plan Fort Collins process project team members, City Council, and the public identified areas throughout the city that have the potential to “showcase” opportunities to embrace the Plan Fort Collins vision themes of Innovate, Sustain, and Connect. Through a combination of public and private actions that complement and build upon one another, these areas have the potential for lasting, desirable change. 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. While each area requires City and private sector engagement, City Plan focuses on City actions that can inspire private sector response and create catalytic change. The intent of this section of City Plan is to identify these areas as those that are positioned for catalytic change, and to use several case studies as examples to illustrate how change might Page 6 occur in a synergistic manner. The timing and pace of activity in these areas will ultimately be determined by market forces, community interest, and City and private sector investment. There are multiple areas and projects that can be viewed as Catalyst Project Areas throughout the City. The planning team initially identified 12 areas, and others may surface as the plan is implemented over time: Prospect/I-25 Gateway b. warranted by changed conditions within the neighborhood surrounding and including the subject property. There has been significant change in character of this property since it was originally zoned. These changes include: 1. Boxelder Floodplain: Over the course of the last 16 years, dramatic development has occurred at all the intersections of I-25 from Loveland (Hwy 34 and Crossroads) to Fort Collins (Hwy 392, Harmony Road and Mulberry) except one – the I-25 and Prospect intersection. The primary cause of this isolation is the Boxelder Floodplain. Boxelder Creek starts north of Ft. Collins and flows down the east side of I-25 until it reaches the north end of Gateway, where it crosses under I-25 onto Gateway. It passes through Gateway and crosses under Prospect Road at the south end of Gateway. Prior to remediation work being completed, it passed under I-25 through 2 culverts (there are 4 culverts under I-25, but two have been blocked), and under Prospect Road through one culvert. The small size of the culverts caused the highway and road to act as a dam in a 100 year storm event, causing flooding of the northeast and southwest corners of I-25 and Prospect, hundreds of acres in Timnath, and the portions of Gateway adjacent to Prospect. As a consequence, no development could take place on these lands. During 2016, the Boxelder Stormwater Authority (Ft. Collins, Wellington and Larimer County) and Timnath contributed $10,851,588 Million dollars to remediate the floodplain caused by Boxelder Creek. Among other improvements, the two closed culverts under I- 25 were opened, and the City closed Prospect Road for June, July and August in order to install 7 culverts under Prospect Road. The remediation work removed from the floodplain all of the property located in Timnath, all of the northeast and southwest corners of the I-25 at Prospect Road intersection, and the portion of Gateway adjacent to Prospect, making all of that property available for development. The engineers for the City and the Boxelder Stormwater Authority have submitted the “as built” data to FEMA and are awaiting the issuance of a Letter Of Map Revision (“LOMAR”) to formally remove the floodplain. The LOMAR will allow development to take place on all the properties formerly in the flood plain. 2. Prospect and I-25 Interchange improvements: At a cost of approximately $235 Million, the Colorado Department of Transportation (“CDOT”) plans to expand I-25 to 3 lanes on each side from Mulberry to Loveland. CDOT proposes to accomplish this through a “Design-Build” process in which CDOT prepares the engineering work up to a 30% level and sends it out to contractors to complete the engineering work and bid on the construction. The Design-Build bid is planned to be sent to contractors in January, 2017. The original bid proposal did not include any intersection construction. FCIC and the three other owners of the other I-25 and Prospect Road corners (together, the “Prospect Interchange Task Force”, or “PTIF Group”) contacted the City and CDOT this past September, in hopes of persuading CDOT to include a new intersection (including a new 7 lane overpass bridge, on and off ramps and expansion of Prospect in the vicinity of the interchange) at Prospect Road (the “Prospect Intersection”) in the Design-Bid process. The objective was to accelerate the construction of the intersection from 2035 or beyond, to 2018. Page 7 CDOT responded by indicating that the Prospect Intersection was estimated to cost $28 Million, and that CDOT could be willing to include it in the Design Build bid if the City and private parties would come up with half the cost, $14 Million, split $7,000,000 each from the PTIF Group and from the City. Construction of an improved intersection is critically important to the City and CDOT. The intersection is currently reaching its capacity, and has significant traffic issues. The City Plan and the Transportation Plan both identify the Prospect Road interchange as the “Gateway” to the City, and deem it to be a “Catalyst Project “, critical to future of the City. After many meetings and significant efforts by all parties, The City Council, on November 25, 2016, adopted a resolution to include the Prospect Intersection in “CDOT’s North I-25 Improvement Project” through cooperative public-private funding. FCIC and the rest of the PTIF Group have agreed to provide up to $7,000,000 for the project. And finally, CDOT has agreed to include the project in its Design Build bid. It is anticipated that construction of the North I-25 Improvement Project, including the Prospect Interchange, will commence in January, 2018. 3. Floodplain Weir: As part of the Boxelder floodplain remediation construction, the City requested that FCIC convey to the City an exclusive easement of a 2.7-acre site fronting on Prospect Road for the construction of a “weir” (a ditch) to carry overflow water from Boxelder Creek to the 5 culverts to be built under Prospect Road. At no cost to the City, FCIC conveyed the easement requested to the City. The weir consumes 2.7 acres of Gateway’s property, eliminates 110 feet of Gateway’s frontage along Prospect Road and eliminates 110 feet from the east side of the Gateway tract on which FCIC had hoped to sell for multifamily development. 4. CSURF: Until 2007, when CSURF acquired its 142 acres, the property belonged to the City and was used as a “sludge farm”. After its acquisition by CSURF, it was zoned for commercial and employment uses, adding significant potential commercial uses to the area. 5. Additional ROW for Prospect Road widening: Also at the request of the City, FCIC has conveyed to the City 27.5 feet of Prospect Road frontage and granted an additional, parallel, 15-foot easement for utilities for a 42.5-foot setback from the current Prospect Road right-of-way. The conveyance of the 27.5 frontage was for the future widening of Prospect Road. These conveyances were also made at no cost to the City. 6. New PSD Middle/High School: On November 8, 2016, voters in the Poudre School District approved a bond issue of $375 Million, a portion of which will be used to construct a Middle School /High School and an associated athletic complex on the District’s 110-acre site ½ mile east of Gateway. Construction is scheduled to start in 2017. The middle/high school is expected to cost $125.5 Million and to open in 2020. 7. Dramatic growth and changes in land use in north Timnath: There has been significant development on the east side of I-25. What was previously farm land has either developed into residential property or has approvals for future construction of residential development. c. Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: Page 8 1. 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; Boxelder Estates, a County subdivision with platted lots, is located to the west of Gateway at Prospect. This neighborhood consists of semi-rural ranchettes which were platted in the 1960’s. The zoning for the majority of the neighborhood is R – Residential with a few lots zoned FA-Farming. Streets in this neighborhood are paved and lot sizes range from 0.41 acres – 5.41 acres. There is an existing strip of land which separates Boxelder Estates from Gateway at Prospect which is owned by the Boxelder HOA. This land was purchased approximately 20 years ago, is roughly 110 feet wide and 1,880 feet long. This land was purchased by the Boxelder HOA, from a former owner of Gateway, to ensure that street connections could not be made with any future adjacent development. There is a significant, existing buffer between the houses in Boxelder Estates that area located to the west of the proposed MMN parcel. With the exception of one house, all of the Boxelder Estate houses are currently located 640 feet – 787 feet from the Gateway at Prospect property boundary. The one house that is closer, is located approximately 35 feet from the Gateway at Prospect property boundary. This property owner has reviewed the planned development and provided written consent to the proposed development. In addition to the existing buffer, a transitional landscape buffer is planned which will range from 9 feet – 88 feet. A North-South collector road is planned adjacent to the transitional landscape buffer which will have a 76-foot right-of-way. We anticipate some additional land area on the east side of the collector road, in the form of building setbacks, which will be determined at the time of PDP/FDP applications. In total, this provides a buffer that ranges from 110 feet (which includes the nearest house)– 875 feet between Boxelder Estates houses and the nearest possible building within the multi-family parcel. The multi-family parcel also serves as a transition between the County subdivision and a planned high intensity commercial development to the east of both the multi-family parcel and the Boxelder Creek, and will act as a buffer to the noise associated with I-25. I-25 is located to the east of the commercial zone district with overall intensity in zoning planned, per City of Fort Collins zoning maps, increasing as you move from Boxelder Estates to the east. 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. This parcel would serve as a transition between the platted County subdivision to the west and future commercial development to the east. Multi-family is currently a permitted use in the existing zone district. A change to MMN zoning will allow for an increased level of residential intensity providing housing more diversity within the City. The increased intensity of housing works symbiotically to support adjacent neighborhood commercial development and promote non-auto oriented development. 2. 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; We do not anticipate any significant adverse impacts on the natural environment. The proposed multi-family development would be arranged in a manner that protects the adjacent Boxelder Creek. In addition, a regional trail, per the City’s Master Trails Plan, is Page 9 proposed along the eastern side of the multi-family parcel providing additional buffer between the natural environments and the residential units. 3. whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Medium Density Mixed-Use Neighborhoods are intended to be settings 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. This District is intended to function together with surrounding low density neighborhoods (typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone districts to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate zone districts. The Prospect and I-25 interchange is identified as an enhanced travel corridor per City Plan. Development within the MMN zone designation would allow for higher intensity, transit- supportive development. The MMN zone district would encourage the densities and broader mix of uses necessary to support walking, bicycling, and transit use while accommodating efficient automobile use. It would serve as a setting for concentrated housing within easy walking distance of transit and a commercial district. ATTACHMENT 10 1 FIRST NEIGHBORHOOD INFORMATION MEETING PROJECT: The Gateway at Prospect Road Overall Development Plan and Addition of Permitted Use. LOCATION: Northwest quadrant of I-25 and East Prospect Road DATE: April 21, 2016 APPLICANT: Tim McKenna, Fort Collins/I-25 Interchange Corner LLC CONSULTANTS: Jim Birdsall, The Birdsall Group Nick Haws, Northern Engineering Matt Delich, Delich and Associates CITY STAFF: Ted Shepard, Chief Planner Martina Wilkinson, Traffic Operations Engineer Project Description As proposed, the project consists of developing the vacant land located generally at the northwest quadrant of I-25 and East Prospect Road. This area includes 177 acres and was formerly known as Interstate Lands Overall Development Plan. The site is zoned, from east to west, C-G, General Commercial, E, Employment, L-M-N, Low Density Mixed-Use Neighborhood, and U-E, Urban Estate. The purpose of an Overall Development Plan is to establish general planning and development control parameters for projects that will be developed in phases, with multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an O.D.P. does not establish any vested right to develop property in accordance with the plan. The request also includes an Addition of Permitted Use to allow multi-family dwellings with greater than 12 units per building, and with buildings exceeding 14,000 square feet in size, and on a single phase that exceeds 12.00 dwelling units per acre, to be allowed on 12.4 acres within the L-M-N, Low Density Mixed-Use Neighborhood zone. Per the City’s Land Use Code, multi-family is permitted in the L-M-N zone but capped at the aforementioned parameters. Therefore, the applicant is requesting an Addition of Permitted Use to allow multi-family apartments in buildings that are larger than would otherwise be permitted on 12.4 acres in the L-M-N zone. Unless otherwise noted, all responses are from the applicant or consulting team. ATTACHMENT 11 2 Questions, Comments, Concerns 1. Could you describe the access point on Prospect Road? A. This will be a ¾ access, not a full-turning access. This means left turns exiting the site will not be allowed. Allowable turn movements would include right-in, right-out, and left-in, but no left-out. 2. So the access point on the Frontage Road will allow for full turning movements? A. Yes, full access will be allowed at the Frontage Road access point. 3. Can you estimate the total number persons at full build-out? A. We are not able to provide a precise number at this time as we do not know the number of houses that may be designed on the single family portion of the site. The L-M-N zone district requires no less than 4.00 dwelling units per net acre and no greater than 9.00 per gross acre. Residential development in the Employment zone must be no less than 7.00 dwelling units per net acre and there is no density minimum or maximum in the General Commercial zone. For the proposed multi-family project, at this time, we estimate there would be approximately 276 units. 4. The proposed apartment project needs the Addition of Permitted Use to allow the larger buildings both in terms of number of units, size of building and overall average density for one phase of larger project. Do any other proposed uses need an Addition of Permitted Use? A. No, just that portion of the apartment project that is in the L-M-N zone. All other proposed uses are permitted in their respective zone districts. 5. You mentioned that the L-M-N zone allows for a mix of housing. Could you describe what types of housing? A. Yes, the L-M-N allows for single family detached, single family detached – alley load, single family attached (townhomes), two-family dwellings (duplexes), multi- family, mixed-use dwellings and mobile home parks. The standard requires that no one type of housing comprise more than 80% or less than 5% of the total. 6. Will there be a traffic signal at the Prospect Road access drive? A. No, placing a traffic signal at this point would be too close to the existing signal at the S.W. Frontage Road. This is one reason why this intersection is limited to ¾ turning movements only. 3 7. Is the Cooper Slough a protected wetland? A. Please note that the Cooper Slough is not on our property. 8. What are the plans for increased traffic on Prospect Road? I’m concerned about the new stadium being on Prospect and the game day traffic. Also, it seems there are more commuters driving into Fort Collins on a daily basis from outlying areas and towns. 9. I would like to follow-up on that comment by asking about why we don’t have an eastbound protected left-turn signal to turn north onto Summitview? With the heavy traffic, this left turn is getting more and more difficult and dangerous. We need to get into our subdivision (Boxelder Estates) from eastbound Prospect and the high speed and volume of westbound traffic, we are taking more risks with an unprotected left. A. Response from City Traffic Operations Engineer: Please note that at this time, the project has not been submitted yet. One of our submittal requirements is that the applicant submits a Transportation Impact Study. This analysis will assess the traffic impact generated by the proposed project based on the number of units and the amount of commercial square footage. These impacts will be evaluated and the appropriate mitigation measures will then be required. In general, this may mean dedicating additional public right-of-way and building the requisite auxiliary turn lanes. In terms of the present situation, we will look into adding a protected left turn signal for eastbound Prospect. 10. Can you talk about the construction on Prospect planned for this summer? A. Response from City Traffic Operations Engineer: Where Boxelder Creek crosses under Prospect Road will be totally reconstructed this summer with a new bridge. This will result in a temporary full road closure. Summitview will get the detour traffic. 11. If Summitview gets the detour traffic, then you will need to adjust the signal timing at the Summitview/Mulberry intersection. As it’s timed now, northbound traffic turning left (west) onto Mulberry allows for only about five cars per cycle. This is not long enough to accommodate the detour traffic. A. Response from City Traffic Operations Engineer: We will look into increasing this signal timing for northbound left turns. 12. You mentioned in your presentation but could you confirm that there is to be no access from the O.D.P. west into Boxelder Estates and north into the County Subdivision? A. That is correct. 4 13. Question for the City: Are you factoring in the future development of the 100- acre Poudre School District campus on the east side of I-25? Traffic around schools can be heavy at times especially given the options available under the school of choice policy. A. Response from City: Yes, we will be looking at development of that parcel. 14. Why not a new traffic signal on Prospect at the site access? A. Response from City: It’s simply too close to the existing signal at the Frontage Road. Since Prospect will carry significantly more traffic than the site access drive, we need to allow for a signal progression that favors east-west traffic. Residents within the O.D.P. that need to go westbound during peak times would be making a right turn which does not necessarily need a signal. Or, residents may choose to exit the site on the east to gain access to the Frontage Road which will take them to the signal at Prospect. This will allow for a safe left turn to go east on Prospect. Now, having said that, as development occurs in this area, we may have to coordinate with CDOT on the signal timing at the Prospect Road/Frontage Road signal so that traffic in all four directions is accommodated. 15. Is a round-about under consideration? A. Yes, a round-about may be a practical and efficient traffic control device at the site access intersection with the Frontage Road on the east side of the site, north of Prospect. 16. I just want to make sure – you are not proposing to build a road across the irrigation ditch and tie into Locust Street in Sunrise Acres to the north? A. That is correct. 17. Does the City plan on annexing our Sunrise Acres (to the north)? A. Response from City Planner: There are no immediate plans to annex either County subdivisions (Boxelder Estates and Sunrise Acres). 18. I’m concerned about the O.D.P., and subsequent phases, complying with the Adequate Public Facilities provisions of the Land Use Code particularly with regard to the ever increasing traffic on Prospect. Timnath continues to grow and the School District’s upcoming bond issue calls for new schools on their parcel east of the interstate. I’m not seeing how all the projected growth can be handled on our streets and still maintain safe levels of service. A. Response from City: You are correct. We will continue to be challenged to keep our level of service standards (measure of delay at intersections) at the level that we have committed to. Our job is to make sure that as development occurs, the 5 proper amount of mitigation is provided commensurate with the impact being created. 19. I see congestion at the CDOT ramps that impacts through traffic on Prospect. As growth continues in this area, the City will need to coordinate with CDOT to make sure that traffic flows smoothly. A. Response from City: You are correct. CDOT plays a major role in this area. 20. What does the green area on the map mean? Is this area developable? A. Yes, this area is in the City and zoned. But, developing this area is challenging due to the need to cross the ditch (Cache La Poudre Inlet Canal). At this time, the developer prefers not to develop this area due to the constraints with access, utilities, etc. 21. What about crossing ditch with a footbridge? A. Yes, that is possibility that we have discussed. We have also talked to the City’s Parks Department about developing a public neighborhood park on that parcel but the City is concerned that it’s a bit isolated. The Parks Department has also indicated that a regional trail on the south side of the ditch may be worth pursuing, especially if it can be connected to a larger trail system. 22. Have you talked to the ditch company about potential crossings? A. Not yet. 23. You need to be aware that the Greeley Water Line is in that area. A. Yes, we are aware of the Greeley Water Line Easement. 24. Who will provide the water and sewer? A. Elco Water and Boxeleder Sanitation special districts. 25. Can the applicant tell us what other properties or projects that he has developed? A. Response from Mr. McKenna: I represent a small ownership group. We do not intend to be the developer. Rather, we are interested in doing the master planning but would prefer to sell to a development company. 26. Will the condos be one story? A. We don’t know yet. 6 29. We need a Transfort bus route out here on East Prospect in time to serve the proposed high school. A. Transfort plans on providing a bus route in this area in the long term. 30.I live on Sherry Drive and concerned about trespassing. A. We don’t anticipate residents trespassing on private property. 31. In general, I oppose the project. It’s too dense for our area. 32. In Boxelder Estates, we have adjudicated wells. I’m concerned about the increase in impervious surface that may impact our wells. 33. Boxelder Creek flooded in 1963. With the newly formed Boxelder Basin Regional Stormwater Authority, we pay $83 per month. As the O.D.P. develops, new residents should pay into this District as well. A. We will abide by the financial requirements and obligations of the special district. 34. We like the quiet of Boxelder Estates. It seems like we are being bombarded by new growth. We like our peace and quiet and do not support your project. 35. I like single family detached homes that are owned by the occupants, not rental apartments. 36. I seems like this project represents just dumping renters out on the fringe of the city. It’s like East Vine Drive with Waterglen and Trailhead with all those houses but no amenities for the residents. These types of projects are isolated from the city. 37. Traffic on Prospect is unbearable. With the upcoming road closure, it will just become worse. What are the traffic counts on Prospect? A. Approximately 24,000 trips per day. 38. East Prospect needs a separate right turn lane for the I-25 southbound entrance ramp. There’s just too much traffic and not enough improvements. 39. I would like to point out that PSD plans not only to build new schools on their 100 acres but a district-wide athletic facility as well. This will just add to the traffic problems. 40. What is your timeframe for developing and constructing the first phase apartments? A. It’s hard to say because as we noted, our ownership group does not plan on being the actual developer. But we anticipate that we would gain approval of our 7 Overall Development Plan and Addition of Permitted Use, which requires a public hearing, this summer. Then if we are successful in finding an interested party to become the developer, then that group has to submit for a phase one Project Development Plan for the apartments which also requires a public hearing which takes us into Fall / Winter. Then that group would have to submit a Final Plan and complete a Development Agreement with the City which takes us into Spring of 2017. The earliest we could expect to begin earth work would be Spring / Summer of 2017. 1 SECOND NEIGHBORHOOD INFORMATION MEETING PROJECT: The Gateway at Prospect Road Overall Development Plan and Addition of Permitted Use. LOCATION: Northwest quadrant of I-25 and East Prospect Road DATE: August 10, 2016 APPLICANT: Tim McKenna, Fort Collins/I-25 Interchange Corner LLC CONSULTANTS: Jim Birdsall, The Birdsall Group Kristin Turner, The Birdsall Group Nick Haws, Northern Engineering Matt Delich, Delich and Associates CITY STAFF: Ted Shepard, Chief Planner Martina Wilkinson, Traffic Operations Engineer Project Description As proposed, the project consists of developing the vacant land located generally at the northwest quadrant of I-25 and East Prospect Road. This area includes 177 acres and was formerly known as Interstate Lands Overall Development Plan. The site is zoned, from east to west, C-G, General Commercial, E, Employment, L-M-N, Low Density Mixed-Use Neighborhood, and U-E, Urban Estate. The purpose of an Overall Development Plan (O.D.P.) is to establish general planning and development control parameters for projects that will be developed in phases, with multiple submittals, while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an O.D.P. does not establish any vested right to develop property in accordance with the plan. The request also includes an Addition of Permitted Use (A.P.U.) for Phase One of the O.D.P. to allow multi-family dwellings with greater than 12 units per building; and with buildings exceeding 14,000 square feet in size in the L-M-N zone. Per the City’s Land ATTACHMENT 12 2 Use Code, multi-family is permitted in the L-M-N zone but capped at the aforementioned parameters. Therefore, the applicant is requesting an Addition of Permitted Use to allow multi-family apartments in buildings that are larger than would otherwise be permitted on 12.4 acres in the L-M-N zone. Unless otherwise noted, all responses are from the applicant or consulting team. Questions, Comments, Concerns 1. In reviewing the Transportation Impact Study (T.I.S.), I see where the “short term” is defined as five years out which take us to 2021. My concern is that widening Prospect Road to four lanes will not take place in five years. And, there is a need for a separate Prospect eastbound right-turn lane to turn south on I-25. A. Yes, that is correct. The City requires the T.I.S. to consider two timeframes: the short term is five years to 2021 and the long term is 20 years out to 2035. In addition, the project itself will be phased. Phase One will include the residential portion of the site and the gas/convenience store. The short range analysis factors in the Phase One extent of the O.D.P. as opposed to a Project Development Plan (P.D.P.). In the short term, the developer will be required to improve their frontage to the four-lane arterial standard and build the required auxiliary turn lanes. But, in the short term, Prospect will not be widened to four lanes as a larger public capital project between the Poudre River and I-25. 2. Could you expand on the Prospect / I-25 interchange? A. This interchange is the least improved of the five interchanges serving Fort Collins. Operationally, this interchange is under the jurisdiction of the Colorado Department of Transportation (CDOT) and they are aware of the existing deficiencies. We are aware of the congestion due to the eastbound through lane being combined with eastbound to southbound right turn. The City, Poudre School District, CDOT and Timnath have been in discussions regarding the funding and timing of the long term improvements required at this interchange. 3. What are the traffic impacts associated with Phase One? A. The T.I.S. analysis for the ODP is a high level analysis and indicates that traffic generated by Phase One will result in mostly acceptable Levels Of Service (LOS, rated A – D on a scale of A – F) at the affected intersections with the recommended construction of the necessary turn lanes. A more detailed T.I.S. will be required for a site specific development plan for phase one with specifics related to LOS and the applicant has to meet City standards for LOS, or request a variance if standards are not met. 3 4. Do the findings you just mentioned include the gas/convenience store? A. Yes. 5. What about the future employment and commercial Phases? A. We expect that future Phases will be responsible for submitting an updated T.I.S. to account for conditions that are being experienced at that time. This would include all the improvements done for Phase One and the increase in background traffic. 6. How does all this factor into Adequate Public Facilities (APF)? Without Prospect being widened to four lanes, or without a separate eastbound to southbound right-turn lane from Prospect to I-25, does Phase One comply with the A.P.F. standards? A; Response from City of Fort Collins Traffic Engineer: The Adequate Public Facilities standard, as locally adopted Ordinance, cannot be applied to an intersection that is outside the jurisdiction of the City. The interchange is under the control of CDOT. As mentioned, we coordinate with CDOT on operational aspects of the all the City’s interchanges on a continual basis. 7. It seems to me that if the City is successful in working with CDOT on jointly constructing a round-about at the easterly site access and the Frontage Road, then it shouldn’t be too much of a stretch to expect the City and CDOT to work together to build the necessary improvements to the I-25 / Prospect interchange. A. Response form City Traffic Engineer: CDOT is in the process of designing a new interchange. We estimate that they are at about 30% design. But, at this time, there is no project funding. The City is looking at improvements to all four quadrants in conjunction with CDOT, the Poudre School District and Timnath. 8. I find that response to not be very comforting. A. Response from City Traffic Engineer: While the response may seem to indicate that improvements are a long way off, please note that multiple jurisdictions are actively working together to try to develop an improvement plan that can be funded from various sources and improvements can move forward. 9. For those of us who live in Sunrise Acres (north of the subject parcel), we have a hard time getting out of our subdivision on Greenfields at the East Mulberry intersection. With the road closures on Prospect, there is heavy traffic on Mulberry and we need more green time to make a left turn to go west on Highway 14. 4 A. Larimer County is in the process of improving that intersection. Once construction is complete on Prospect, the heavy traffic on Mulberry should be reduced. 10. Overall, Prospect needs four lanes, not two, to handle the traffic that is coming in from around the region. I’m concerned about the 100 acres that PSD has east of I-25 and Timnath’s plans for growth. A. Response from City Traffic Engineer: As mentioned, the City will require the developer to dedicate the necessary public right-of-way and construct the public improvements along their frontage to the four-lane arterial standards. In addition, we have the ability to require the necessary off-site improvements as identified in the T.I.S. to mitigate the impacts caused by the proposed development. But, widening Prospect from the Poudre River to I-25 is a much larger capital project that involves multiple jurisdictions and will require a large capital outlay. The burden of widening Prospect Road as a four-lane arterial does not fall on one particular development. Funds for this widening have not been approved by the City. 11. I live in Boxelder Estates and we are experiencing too much traffic associated with all the construction on Prospect. As we drive east on Prospect, we need a left turn arrow to go north on Summitview from. With so little green time, it takes several cycles to get through the intersection. A. Response from City: We understand that with all the traffic that is re-routed due to construction projects on Prospect, there is undue delay for left turns at the major intersections. When Prospect reopens, we can analyze signal timing. As traffic engineers, we are responsible for keeping traffic moving on a system-wide basis. This means that the legs of the intersections that carry the most volume get the most green time at the signal. Obviously, the east-west traffic on Prospect carries more volume than Summitview so to keep the city-wide system at optimum efficiency, Summitview green time is impacted. Another reason we allocate more green time for the legs with the most volumes is that it reduces the number of rear-end collisions. 12. A lot of us in Boxelder Estates are elderly. It’s unnerving to have to make a right turn on red to go west from Summitview to Prospect. We have to accelerate rapidly because of the speed of the drivers on Prospect. My car is small and it takes a bit of time to get up to speed after I make the right turn and the looks (and hand gestures) I get from drivers are rude. 5 13. Northbound Summitview to westbound Mulberry (left turn movement) is dangerous due to the diagonal geometry of the intersection, and the fact that east-west trucks have a hard time slowing down and stopping at the red light. A. Response from City: We are aware of the conditions of this intersection which is under the jurisdiction of the CDOT. 14. When do you think widening Prospect to four lanes will be funded? It’s not part of the current round of capital projects and was not voted in for the next round. That means it will have to be approved in the following round. A. Response from City: You are correct. As an unfunded project, it’s difficult to predict when the project would be approved. It has to be approved as a project first and then funded as revenue becomes available. Based on this timeframe, the widening will not occur in the short term. 15. How many apartments are planned and is there any interest from the multi-family market in its development? A. We are planning on 276 apartments and we are receiving significant interest from the development community. 16. Are there any similar projects where we could see the scale and size of the project? A. The apartments at Timberline and Drake are roughly comparable. The new apartments that are under construction on South Timberline Road across from the Bacon Elementary School are similar. In addition, the apartments at the Foothills Mall along Stanford Road are similar but are not fully constructed yet. And, the recently approved apartments at Bucking Horse are comparable but are not yet under construction. 17. What do the colors on the map represent? A. The green is Boxelder Creek (and floodplain), the yellow is residential (Urban Estate and Low Density Mixed-Use Neighborhood zone districts) and the red is commercial (Employment and General Commercial zone districts). 18. How big are the lot sizes in the residential area? A. In the Urban Estate, the minimum lot size is one-half acre, or less if located within a cluster plan where one-half of the U-E ground is preserved as open space. In the Low Density Mixed-Use Neighborhood (L-M-N), because we are over 30 acres, we are required to have a minimum of four housing types. These can be single family detached, single family detached with alleys, duplexes, townhomes, and multi-family. The density range in the L-M-N is no less than 6 4.00 dwelling units per net acre at the low end and no greater than 9.00 dwelling units per gross acre at the high end. Therefore, there will be a variety of lot sizes in the L-M-N. 19. Will your proposed multi-family buildings in the L-M-N be three stories? A. Yes. Three story multi-family buildings are already allowed in the L-M-N zone. 20. I live west of the project on a large lot in the County. Three-story apartments don’t conform to our area. I’m concerned that the apartment folks will trespass on my property and I have animals. I’m concerned about liability. I’m concerned that the new development will impact my well. And, I’m concerned that the new development will cause flooding on my property. A. We will be using potable water from Elco, not groundwater. We are required by the City’s Stormwater Utility to not route any stormwater from our property onto your property. B. Response from City Planner: Please note that 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. Then 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. This rezoning was part of a city-wide 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 P.U.D. system. About 20 years ago, the landowner at the time sold a parcel of land along the western edge of the O.D.P.to the Cooper Slough Association / Boxelder Estates H.O.A. for a buffer. This rectangular strip ranges in width between 100 and 125 feet for a length of about 2,100 feet and contains approximately 5.18 acres. This conveyance essentially precludes any street connection between the O.D.P. 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 2003, a Final Plan was approved on four acres along the Frontage Road for the Harley Davidson dealership. 7 In 2004, an Overall Development Plan was approved that showed various configurations for the four zone districts in the following manner: U-E (21 acres); L-M-N (68.6 acres); Employment (60.9 acres); and Commercial (26.9 acres). 21. What are the two current construction projects on Prospect that are causing the full road closure? A. The two projects are related to the improvements being constructed by the Boxelder Basin Regional Stormwater Authority (BBRSA). First, Boxelder Creek is being routed under Prospect by the installation of the new culverts. This involves a new bridge which is being designed for the ultimate four-lane arterial cross-section. Second, since the culverts are sized to only carry approximately the 10-year storm, an overflow channel, or weir, is being excavated to handle the amount of flood water associated with the 100-year storm. This overflow channel will be between 85 feet and 100 feet wide and about ten feet deep and may carry flows in more frequent events due to local tributaries. These two projects are being constructed in conjunction with the new Grays Lake flood control reservoir that has been built upstream on Boxelder Creek. The entire system-wide project is designed to prevent flooding in areas along Boxelder Creek in Larimer County, Timnath and Fort Collins. 22. And these are the improvements being constructed with the new annual stormwater service fee assessed on our properties? A. Yes, all residential properties within the BBRSA are assessed an annual fee of $60.00 to cover all the new construction, and, as time goes on, to cover the long term maintenance of the facilities. In addition, for any new construction in the BBRSA that results in new impervious surface, there is a stormwater system development fee based on the amount new impervious surface area that is created. 23. Can you describe the details of the A.P.U. for the multi-family in the L-M-N? A. Yes, as mentioned, multi-family, per se, is a permitted use in the L-M-N but is capped in the following manner: no greater than 12 units per building; no greater than 14,000 square feet per building; and on an individual phase that is no greater than 12.00 dwelling units per gross acre of land. Our proposal would increase the number of units per building to exceed 12, increase the size of the building to exceed 14,000 square feet, and to increase the density to greater than 12.00 dwelling units per gross acre. 8 24. By how much would you exceed these limits? A. Our buildings would be a mix of 24-plex and 36-plex structures. The size of the buildings has not yet been determined but will exceed 14,000 square feet. And, we estimate that our phase of multi-family in the L-M-N will come in around 13 dwelling units per gross acre. 25. Would the multi-family phase cause the overall 67-acre L-M-N area to reach a density that exceeds the maximum allowable 9.00 dwelling units per gross acre? A. No, our overall L-M-N density on the entire 67 acres, plus the multi-family, would not exceed 9.00 dwelling units per gross acre. 26. I don’t support the request for the A.P.U. The expectation under zoning is that the property will develop as L-M-N, not M-M-N. How do you justify this request? A. We see a multi-family component as adding to the mix of housing types for a mixed-use neighborhood. With close proximity to I-25, we do not want to develop the ground as an isolated truck stop with highway-oriented uses like you see along the interstates in other jurisdictions. We see value in developing a neighborhood that offers a wide range of housing for a variety of people in a wide range of incomes. We see the multi-family component has a part of the highest and best use for this portion of the site. 27. You cannot use an economic benefit argument as a justification for an A.P.U. A. Understood. 28. An L-M-N neighborhood is supposed to have an L-M-N neighborhood center. I don’t see the gas/convenience store as being an L-M-N neighborhood center. I don’t see any amenities. The development appears isolated from the City. A. We see multi-family as adding diversity to the neighborhood. We recognize that we are separated from the City but this is primarily due to the Poudre River floodplain, natural areas and existing County subdivisions. The parcel, however, is inside the Growth Management Area, and was then annexed and zoned, and then master planned as Interstate Lands Overall Development Plan. We see the land as being a unique parcel that is near I-25 and major employment areas. There are other neighborhoods in the City where the neighborhood center is a gas/convenience store. 29. But I still don’t see a walkable neighborhood center. Access from the L-M-N to the gas/convenience store is via a round-about which is difficult to cross as a pedestrian. It looks to me like the gas/convenience store will be highway oriented, not neighborhood oriented. And, it’s located in the commercial zoned area, not in the L-M-N. You still need an L-M-N neighborhood center. 9 A. We understand the requirement for an L-M-N neighborhood center. 30. In general, I’m not seeing any neighborhood amenities. A. As noted, we intended to pursue the conveyance of a parcel to the City Parks Department for a future public neighborhood park. In addition, the Parks Planning Department has identified a portion of our northeast area as logical segment for the future regional bike trail. Our goal is to develop the commercial area for neighborhood oriented businesses and services. As mentioned, we don’t want to replicate the highway oriented land uses found at the I-25 and Highway 14 interchange. 31. I’m concerned that Phase One represents a five year build out and we would still experience congestion and failing levels of service for certain turn movements at I-25 and Prospect. A. We understand your concerns. The T.I.S., at this stage, is intended to provide a broad analysis at the appropriate level for an Overall Development Plan. As noted, the big picture issues have been identified. With each subsequent phase that is submitted for a Project Development Plan, a new T.I.S. will be required that provides analysis at a more refined level of detail. 32. Does the City keep data on accident statistics? A. Response from City: Yes, keeping track of accident statistics is very important to us. We continually analyze crash data city-wide as one of our core functions. 33. I would like to remind everyone that an A.P.U. in the L-M-N zone goes on to City Council for consideration. It is my opinion that the request for an A.P.U. is speculative and for purposes of the developer trying to enhance the marketability of the property. A. As we have mentioned, for an O.D.P. that is 177 acres in size, having a multi- family component enriches the mix of housing on a city-wide basis. 34. Do you already have a buyer lined up for the multi-family? A. No, we do not. 35. Where exactly is the A.P.U. parcel and how big is it? A. It is at the south end of the area zoned L-M-N, closest to Prospect Road. It is about 12.4 acres in size. It’s designated as Parcel k on the O.D.P. 10 36. What will be the density on the L-M-N as a result of the A.P.U.? A. The density will be about 13.00 dwelling units per gross acre which is slightly over the maximum allowed in any on phase in L-M-N of 12.00 d.u./a. 37. Will there be a buffer between the apartments and the existing homes to the west? A. Yes, we estimate that the closest house will be about 130 feet away from the nearest apartment building. Other houses will be further away by a distance ranging from 793 feet to 875 feet. 38. What will be the size of the lots on the very west edge of the site north of the A.P.U. parcel? A. This area is zoned Urban Estate. As a result, this area will have our largest lots. As noted, in the U-E, lots must be a minimum of one-half acre. Or, lots can be smaller but only if arranged within a Cluster Development where one-half of the land area is preserved as open space and the other half is the clustered lots that can be smaller than one-half acre. 39. I live to the west and in my opinion; our large lots will need more of a transition than what you are describing. A. We are aware of your concerns. As you know, Boxelder Estates purchased from the previous owner a swath of land about 110 feet in width along their eastern edge. This buffer will contribute to making a transition and also precludes any street connections. 40. I live on three acres. Multi-family doesn’t conform to our neighborhood character. 41. When was the property annexed into the City? A. 1983. 42. When do you think you will break ground? A. The first thing we have to do is apply to F.E.M.A. for an amendment to their floodplain maps based on the improvements being done by the Boxelder Creek Flood Control Project. This requires a process known as a Letter of Map Revision (LOMR). This could take us into 2018. We can be submitting our Phase One plans and having our plans reviewed by the City somewhat concurrently to the F.E.M.A. process. So as you can see, it may be at some point in 2018 when we can break ground on Phase One. 11 43. Will the requested density associated with the A.P.U. in the L-M-N zone be capped? A. Response from City Planner: Yes, all requested A.P.U. metrics will be capped and not open-ended. This is what was done for the multi-family project in Bucking Horse which was also an A.P.U. 44. I live in Sunrise Acres to the north. Is the proposed public neighborhood park still indicated to be north of the ditch? If so, I’m concerned about trespassing. A. No, we are now discussing with Parks Planning about conveying a parcel that is south of the ditch and just north of the proposed multi-family parcel. This parcel would be about four acres and is centrally located within the larger residential area. This would a public neighborhood park. 45. Will you be putting any of the ditches into a pipe to gain more ground? A. No, we are not thinking about putting any ditches into a pipe. 46. We need to be realistic that a City-funded Prospect Road widening capital project will not happen in the short term (2021). Such a project would likely have to be put to the voters as part of a package to renew one of the sales taxes that is dedicated to transportation improvements. And then, if approved by the voters as part of a sales tax capital projects package, it would then have to wait for revenues to come in. As a result, it may be at least 10 years out or longer before Prospect could be widened to four lanes. A. Response for City Traffic Engineer: That is correct. It is unlikely that Prospect will be widened to four lanes by 2021. Large capital projects that benefit the City’s arterial system as a whole are generally funded by one of the dedicated sales taxes specifically earmarked for transportation improvements. As you mentioned, these funding sources expire after their term and must be renewed by the voters. These projects are intended to address existing deficiencies and are not considered the obligation of any one particular development proposal. Please note that dedicated sales tax revenue is just one funding source. Other sources include the City’s Street Oversizing Fund, and grants from the Metropolitan Planning Organization, State of Colorado and the federal government. Oftentimes, multiple funding sources are consolidated to move a project up on the priority list. 47. I’m concerned about the future development of PSD property on the east side of I-25. This is a 100-acre parcel that PSD has indicated could be used for schools serving grades K through 12 as well as a district-wide athletic facility. PSD is seeking voter approval this Fall for a bond issue that would fund these planned schools and facilities. 12 A. Response from City Traffic Engineer: We are in discussions with PSD. We have been told that the schools planned for this parcel will draw primarily from students who already reside east of I-25. We are also aware that the planned athletic facility would be the new French Field and draw participants district-wide. 48. With the Boxelder Buffer now owned by the H.O.A., does this mean there will be no road connection? A. Yes, that’s correct – no road connection. 49. Could you tell me how much new traffic we can expect on Summitview as a result of this project? A. Our trip assignment estimate in the short term is shown as Figure 7 in our T.I.S. Based on our assumptions, we see most of the trips using Prospect and the Frontage Road versus Summitview. For example we estimate for southeast flow, there will be six trip ends in the a.m. and 17 trip ends in the p.m. during the peak hours. For the northwest flow, there will be 16 a.m. and 10 p.m. trip ends during the peak hours. Please note, however, that it may be more accurate to measure the delay at the Prospect / Summitview intersection. 50. Will the Frontage Road be widened? A. No, but the intersections will add capacity with the auxiliary turn lanes as recommended in the T.I.S. 51. Will there be only one access onto the Frontage Road? A. Yes, that’s correct due to the constraints of Boxelder Creek. 52. Do you have an idea about the alignment of the proposed regional trail? A. Within our O.D.P., and between Prospect and Mulberry, this trail will generally follow the alignment of Boxelder Creek and the two ditches. The alignment of this trail is loosely based on the preliminary concept per the Parks 2013 Trails Master Plan. 53. Is the applicant involved at all in the current construction on Prospect? A. Yes, but only to the extent that we have conveyed 42 feet along our frontage to the City of Fort Collins for the project. 54. Are you intending to sell the land for a profit? A. Yes. 13 55. I see a big benefit in providing a safe sidewalk along Prospect from your project to the Summitview intersection to tie into the existing trail along Prospect west of Summitview. Since your project does not extend west to Summitview, there is a gap. It seems like pedestrians, runners and bike riders from your project would want to safely gain access to this trail without having to deal with unimproved frontage along Prospect. A. Thank you for this comment and this something we may consider for their first phase. 56. Will there be sufficient sanitary sewer capacity to serve the site as proposed? A. Yes, we have had conversations with the Boxelder Sanitation District and they have indicated that there is capacity available. As you know, their treatment plant is just south of Prospect. 57. Will there be any commercial development south of Prospect? A. The large vacant land south of Prospect is owned by Colorado State University Research Foundation. We do not know their plans for the property except to say that they typically hold land for the long term for the various needs of the University. 1 ATTACHMENT 13 NEIGHBORHOOD INFORMATION MEETING PROJECT: The Gateway at Prospect Road Overall Development Plan and Rezoning LOCATION: Northwest quadrant of I-25 and East Prospect Road DATE: December 19, 2016 APPLICANT: Tim McKenna, Fort Collins/I-25 Interchange Corner LLC CONSULTANTS: Jim Birdsall, The Birdsall Group Kristin Turner, The Birdsall Group Stephanie Thomas, Northern Engineering Matt Delich, Delich and Associates CITY STAFF: Ted Shepard, Chief Planner Martina Wilkinson, Traffic Operations Engineer Project Description This item was formerly a Request for an Addition of Permitted Use to allow multi-family on 12.4 acres of land zoned L-M-N due to the request exceeding three development standards. Since multi-family is already a permitted use in the L-M-N per se, the development review process has now been adjusted to delete this request. This item now consists of a Rezoning of 12.4 acres of L-M-N and 8.4 acres E, Employment, a total of 20.8 acres, to M-M-N. This item is also being submitted in conjunction with an Amended Overall Development Plan (O.D.P.) on 177 acres land located generally at the northwest quadrant of I-25 and East Prospect Road. This area was formerly known as Interstate Lands O.D.P. The purpose of an O.D.P. is to establish general planning and development control parameters for projects that will be developed in phases, with multiple submittals, while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an O.D.P. does not establish any vested right to develop property in accordance with the plan. The requests for Rezoning and an Amended O.D.P. would have the effect of reducing the L-M-N zone from 68 to 55.6 acres, reducing the E zone from 60 to 51.6 acres and adding 20.8 acres of M-M-N zoning. Unless otherwise noted, all responses are from the applicant or the consulting team. 2 Questions, Concerns, Comments 1. Could you explain the progress that is being made with regard to future widening of the I-25 / Prospect Road interchange? A. Yes, we are working with CDOT to find a joint public/private funding mechanism to leverage the interstate widening project between Mulberry and Loveland by adding the interchange widening to the project scope. As you know, for this segment of the highway, CDOT plans on sending out for bid the widening of I-25 from two lanes to three. This project is estimated to cost $235 million dollars. But, this project is funded for widening the lanes only and does not include improving the Prospect Road interchange. The cost of widening the interchange (bridge, ramps and roadway) is estimated to be an additional 28 million dollars. As a result of this added cost, we, along with the City of Fort Collins and the Town of Timnath and the other three adjoining properties (Colorado State University Research Foundation, Paradigm Properties LLC and the White Brothers) have committed to raising the 28 million dollars so the interchange is widened in conjunction with the larger CDOT project. If not done now, CDOT estimates that interchange improvements would be delayed until 2035. The four adjoining property owners have agreed to raise seven million with the balance raised by Fort Collins and Timnath (seven million dollars each.) B. The widened interchange would include a new seven-lane cross-section bridge, new ramps and widening of Prospect Road. CDOT anticipates that construction would begin in early 2018. 2. How far in each direction would be the extent of the four-lane widening? A. Our understanding at this time is that the four lanes would extend to the frontage roads. 3. That may not be sufficient to mitigate the traffic generated by the development. A. Keep in mind that as developers, we are obligated to improve the linear front footage along our property that adjoins Prospect Road. And, in conjunction with the recent stormwater improvements, we have already dedicated 43 feet of additional right-of-way along Prospect Road. Further, as each building permit is issued, for both commercial and residential buildings, the City will collect the Street Oversizing Fee which is earmarked for funding improvements to arterial and collector streets and sidewalks on a city-wide basis. In 2016, the Street Oversizing Fee for a multi-family dwelling unit is $2,143. (This fee is typically increased annually to keep pace with capital construction costs.) For 276 units, the total Street Oversizing Fee would be, based on 2016 rates, $591,468. 4. Is the area north of the Dry Creek Ditch still slated to be open space? 3 A. Yes, this has not changed. The area between the two ditches will be set aside as open space. This area would be difficult to develop. The exception is that this area is being considered as a logical location for the future regional bike trail per the City’s Parks and Recreation Master Plan. 5. As the land owner going through the entitlement process, is it still your intention to sell the property in the future to a developer? A. Yes. 6. Will the future developer be obligated by the parameters of the both the Rezoning and O.D.P.? A. Yes, that is correct. 7. I live to the north in Sunrise Acres. Will any of our neighborhood streets be extended into your development? I’m concerned about Locust Street and Sherry Drive being used by future residents of your project. A. Due to the constraints of the two ditches, and consistent with our previous presentations, we are not planning on extending any of the streets in Sunrise Acres into our project. Response from City Traffic Engineer: As you can see, Locust Street currently terminates in a dead-end at the applicant’s property. In order to provide a standard turn-around on a public street, we will be requiring the developer to provide a turn-around on their property. This will help fire trucks navigate Sunrise Acres. 8. And, just to be sure, your plan still shows no street connections to the west into Boxelder Estates? A. Yes, as we have discussed in our previous presentations, due to the H.O.A. purchasing a buffer strip, we are precluded from any street connections to the west. And, south of the H.O.A. buffer strip, we do not plan for any street connections. 9. Are you still willing to discuss various options as to long term maintenance of the buffer with the H.O.A.? A. Yes, we think we may have a mutual interest in how best to manage this buffer with the H.O.A. and we look forward to having that conversation. 10. Could you review the floodplain issues and timing associated with amending the FEMA maps? 4 A. As we have noted, there is a significant portion of the site that is mapped as being the Boxelder Creek floodplain. But, this area will reduced as a result of the new culverts under both I-25 and Prospect Road and overflow weir that were constructed this past year by the Boxelder Basin Stormwater Regional Authority. This included five new culverts (total of seven) under Prospect and opening two closed culverts under I-25 (total of four). The overflow weir is 2.7 acres. This is why Prospect was closed for three months this past summer. In addition, the BBSRA is in the process of constructing a system of flood control improvements, including a new reservoir, further upstream from our property. The result is that the extent of the floodplain on our property will be reduced. Once these improvements have been completed, FEMA will amend their floodplain maps accordingly and remove the floodplain. We anticipate that the new mapping will be in place in 2018. All told, these flood control improvements cost $10,851,588 million dollars. 11. Are there areas of the site that are not in the Boxelder Creek floodplain? A. Yes, the further away from Boxelder Creek to the west, this area is not impacted by the FEMA floodplain. 12. Will you be making any changes to the two ditches? A. No, there will be no changes to the two ditches. 13. With a potential of 20.8 acres of M-M-N, combined with the fact that multi-family is a permitted use in the E, Employment zone, of which there are an additional 51.6 acres within the O.D.P., I’m concerned about a possible massive multi- family project on 72.4 acres. A. We are not intending to develop the site in that fashion. And, we are restricted from this happening by the Land Use Code. This is because multi-family in the E zone is a secondary use and is restricted from taking up more than 25% of the 51.6 acres. The balance of the E zone, 75%, must be developed as primary uses. 14. I’m concerned about the additional traffic generated by the density allowed by rezoning to M-M-N. A. Yes, based on our previous meetings we are keenly aware of the traffic issues related to our project within the context of the immediate area. Please keep in mind that we are rezoning only 12.4 acres of L-M-N. Overall, across a multi- phased project, residential gross density in the L-M-N is capped at 9.00 dwelling units per acre. L-M-N zoning also allows a single phase to be up to 12.00 dwelling units per acre as long as the overall does not exceed 9.00 d.u./a. Our multi-family project comes in around 13 to 14 d.u./a. Regarding the rezoning of 5 the Employment parcel (8.4 acres), please note that there is no residential development density cap in the E zone. 15. If there are no density caps in either the M-M-N or the E zones, then how can we expect the future developer to hold to your commitment to density of 13 to 14 dwelling units per acre? A. We are willing to add a condition to our Rezoning request that would cap our gross residential density just as we did for our A.P.U. 16. So if the 12.4 acres remained as L-M-N, the maximum allowable density could range from 112 units (9.00 d.u./a) to 149 units (12.00 d.u./a)? A. That’s correct and we are suggesting that these 12.4 acres come in between 13 and 14 d.u./a for a range of 161 to 174 units under M-M-N zoning but as conditioned by the same parameters as the request for an Addition of Permitted Use. B. We would like to emphasize that our Rezoning to M-M-N will be conditioned just like the request for an Addition of Permitted Use. We would commit to a cap of 14 dwelling units per acre. We are proposing a multi-family project of approximately 276 units on a total combined M-M-N parcel of 20.8 acres which equates to 13.27 dwelling units per acre. We are suggesting a cap of 14 d.u./a due to the fact that after surveying the site, land may be taken out of the gross acreage for public roads, private roads and various other dedications and easements for utilities which would drive up the dwelling-units-per-acre ratio but without adding units. 17. Do the extra units gained by the M-M-N zoning have any bearing on the recommendations of the Traffic Study? A. The gain in multi-family units versus L-M-N zoning results in approximately an increase of 100 trips during the peak hour. This increase does not result in any changes to the recommendations in the T.I.S. (Seems high – 174-149 = 25, so how do we get up to 100?) 18. I’m concerned that you are putting 276 units of multi-family, and all those residents, in area where there is no walkability to a grocery store or other convenient services. Under typical City Plan zoning, M-M-N would be near commercial area that would have a grocery store and similar services. A. While we may not have N-C (Neighborhood Commercial) zoning next to our proposed M-M-N, we do have 27 acres of land zoned C, Commercial, which, as I recall, allows most of the same uses as allowed under N-C. In terms of walkability, we will be providing a trail along Boxelder Creek and we have approached the City about widening the public sidewalk on the future east-west 6 street that goes over Boxelder Creek and ties into the commercial area. Please note that multi-family residents will be able to walk to the future public neighborhood park (distance xx) and the future regional trail which abuts the site (Running Deer Natural Area distance xx). 19. So a grocery store is allowed in the C, Commercial zone? A. Yes, that’s correct. 20. As I mentioned, last time, it seems like an abrupt transition between our County lots and the proposed M-M-N parcel. A. We are aware of this concern that has been raised at the previous two meetings. As a result, we have committed to providing a landscape buffer on the west side of our future north-south street that ranges in width from nine to 88 feet that can be densely landscaped. Most of the houses to our west front on Summitview Drive and are separated from our multi-family parcel by varying distances. One house is 35 feet west of our site and we have met with this owner and this person has indicated support for our project. All the other houses front on Summitview and range from 640 to 787 feet from our project boundary. In addition, our future buildings will also be setback from our future north-south street (76 feet of public right-of-way) creating even more separation. We think with these separations, combined with effective landscaping, we will successfully mitigate any impacts associated with our multi-family project. We also think that be capping our density, our project will be roughly similar in scope as if it were an L-M-N development. 21. I’m concerned that even if the CDOT project, with the City and Town and landowner participation, results in widening Prospect Road, and combined with the developer’s obligation for their frontage, there will still be gaps between the river and the Frontage Road. When can we expect these gaps to be fully improved? Response from City Traffic Engineer: As you know, we are aware of these concerns. At this time, there currently is no City capital project that is designated to address this segment of East Prospect Road. Since this gap is considered an existing deficiency as part of the regional arterial system, it is not the developer’s obligation to address. Instead, the completion of this segment to the arterial standard will fall to the City as a future capital improvement just like what you see going on at the intersection of Prospect and Timberline. 22. I’m concerned about the wildlife that uses the area. There are typically lots of geese that are attracted to the site. A. Keep in mind that we will not develop the open space to the north between the two ditches. And, we will be required to provide a buffer along Boxelder Creek. 7 These two attributes will complement the existing City of Fort Collins Natural Areas (Riverbend Ponds and Running Deer) and the Poudre River floodplain. 23. Is the open space between the ditches zoned Urban Estate and, if so, can this acreage be used to determine the number of potential units under a Cluster Development Plan? A. Yes, this area is zoned U-E and, therefore, these acres could be counted as part of the basis that determines the maximum allowable number of dwelling units that could be within a Cluster Plan. Keep in mind that under a Cluster Plan, no less than 50% of the total land area (zoned U-E) must be preserved as open space. Without a Cluster Plan, the required minimum lot size in the U-E is .5 acre. 24. From what I see, there are two access points into the portion of the O.D.P. that is west of the Frontage Road. Is that correct? A. Yes, there is full-turning access, by way of a planned round-about, at the Frontage Road. And there is three-quarter access (no left-out) at a planned intersection at Prospect Road. 25. Will this round-about be a single lane or a two-lane? A. A single lane will have sufficient capacity to handle the anticipated level of traffic. 26. Will the developer be required to construct any public improvements along Summitview Drive? A. No. (What about a westbound right-turn lane?) 27. At one point, for eastbound Prospect traffic, we had a separate left-turn arrow at the traffic signal so we could make a protected left turn to north on Summitview. Then, mysteriously, this left turn arrow was taken away. With all the westbound traffic coming in to town from I-25, this left-turn arrow was very convenient. Could the City bring back this protected left turn? Response from City Traffic Engineer: We can look into this. From traffic engineering perspective, there are pros and cons to providing a separate left-turn arrow. On the one hand, the protected left turn makes it safer to turn left to go north. On the other hand, our crash data suggest that there would be an increase in rear-end collisions. 28. With 276 multi-family units on 20.8 acres, what is the traffic impact? A. This would generate approximately 230 peak hour trips during the peak hour. This a ratio of .833 trips per unit during peak. 8 29. How do you define “peak hour?” A. The a.m. peak is between 7:30 – 8:30 and the p.m. peak is between 4:30 and 5:30. 30. Does the traffic study account for stadium traffic? A. No, stadium traffic, as is currently the case with Hughes Stadium and will be the case with the new stadium, is a considered an event and not a daily occurrence. Response from City Traffic Engineer: Our analysis for the new stadium is that the traffic will on a game day (typically Saturday) will be roughly equivalent to the peak traffic on a Thursday p.m. 31. I mentioned at the last meeting that by not having four lanes on Prospect between I-25 and the Poudre River causes the project to fail the requirements for having adequate public facilities. Response from City Traffic Engineer: Please note that we measure traffic levels of service at intersections and not along any particular segment of roadway. Since congestion occurs at intersections with turn movements, through traffic volumes between intersections is not measured. Now, having said that, we are looking at requiring a westbound right turn lane on Prospect to go north on Summitview. 32. Turning left out at Hageman’s on a Saturday afternoon is pretty scary. Response from City Traffic Engineer: We know. We are thinking of constructing a three-lane cross-section along Hageman’s so exiting vehicles can make a two- stage left-turn exit and then merge with through traffic. Again, please note that there is no capital funding available for this improvement at this time. 33. At the previous meetings, we have mentioned that there will soon be a cumulative effect of increasing traffic on Prospect due to the stadium, Poudre School District plan for a high school/middle school campus in Timnath and the new C.S.U. Health Center at College and Prospect. Are these facilities accounted for in the traffic studies? A. Yes, our traffic studies include pending developments, existing background traffic and an annual growth rate in the background traffic. Then we factor in the proposed project and project out the traffic impacts for five years. The scope of our traffic studies are approved by the City. Response from City Traffic Engineer: We are aware of the PSD plans for a high school and middle school campus. Most of the trips for these two schools should 9 be east of I-25 since boundaries for these schools will not include areas west of I- 25. We acknowledge, however, that PSD has a school of choice option if schools are not at capacity serving their boundary area. 34. To what extent will you be improving the open space between the ditches? A. Our plan is to keep this area unimproved and natural. For example, there would be no bluegrass turf and irrigation. As mentioned, the City’s regional trail is planned to go through this area so there may be some benches, and the like, but overall, the area is expected to serve passive not active uses. 35. Will Buckeye Street be extended to the east? A. No, we do not intend to extend Buckeye and it currently terminates at a house. 36. We need a transition in density for the benefit of the County residents. A. As mentioned, we think that a sensitive transition can be provided by not only the significant distances between the existing houses but also by the landscaping and buffering that we commit to providing per the conditions that we have already agreed during the A.P.U. process. Planning and Zoning Board January 12, 2017 Minutes (draft) Project: Gateway at Prospect Rezoning and Overall Development Plan Project Description for Rezoning: This is a request to rezone 12.27 acres of land currently zoned L-M-N, Low Density Mixed-Use Neighborhood and 9.71 acres of land currently zoned E, Employment, a total of 21.98 acres, to M-M-N, Medium Density Mixed-Use Neighborhood zone district. The rezoning request is being submitted in conjunction with an Amended Overall Development for the vacant land located generally at the northwest quadrant of I-25 and East Prospect Road. This area includes 177 acres and was formerly known as Interstate Lands O.D.P. The site is presently zoned, from east to west, C-G, General Commercial, E, Employment, L-M-N, Low Density Mixed-Use Neighborhood, and U-E, Urban Estate. Project Description for ODP: This is a request for an amended Overall Development Plan (ODP) for the vacant land located generally at the northwest quadrant of I-25 and East Prospect Road. This area includes 177 acres and was formerly known as Interstate Lands ODP. The site is zoned, from east to west, C-G, General Commercial, E, Employment, L-M-N, Low Density Mixed-Use Neighborhood, and U-E, Urban Estate. Proposed land uses include a mix of permitted uses allowed on a per zone district basis. The O.D.P. also includes 12.27 acres zoned L-M-N and 9.71 acres zoned E (Parcel J) that are the subject of a separate and preceding request to rezone 21.98 acres to M-M-N. This rezoning request must be considered prior to this Amended ODP as the Parcel J is designated “Multi-Family, 276 total units & 13 DU/A” which requires M-M-N zoning without the need to modify any L-M-N standards. The purpose of an Overall Development Plan is to establish general planning and development control parameters for projects that will be developed in phases, with multiple submittals, while allowing sufficient flexibility to permit detailed planning in subsequent submittals. There is no established vested right with an ODP. Recommendation: Approval Applicant Presentations Chief Planner Shepard introduced the project, explaining that the Rezoning of this project must first be approved before the Overall Development Plan (ODP) can be approved. He provided some history of the project, including the current and proposed zoning and the conditions for approval. Secretary Cosmas reported that, since the work session, a letter has been received that was written by Fort Collins/I-25 Interchange Corner (FCIC) to an abutting resident that appears to be a signed contract acknowledging concerns over property impacts because of this development. Tim McKenna, Co-Manager of FCIC (the Applicant), gave a detailed presentation of this project. He gave some history of the investor group and ownership, how the name, “Gateway”, came into being, the land acquisition and subsequent zoning. He stated that there is no street connection between Gateway and Boxelder Estates. He reviewed the FEMA rezoning process, including flood plain removed or modified. In addition, modified maps must be submitted for a review period, which isn’t expected to be issued until September 2018. He described the difficulties of obtaining funding for the design build improvements. He stated that this project is designated in City Plan as a “catalyst” project, indicating it is critically important to the City. He stated how the intersection will look as the “Gateway” to the City, including the proposed ATTACHMENT 14 Planning and Zoning Board January 12, 2017 Minutes (draft) landscaping. He described CSURF’s ownership of the 143-acre parcel south of Prospect Road, which began in 2007. He illustrated how the road will be widened, the proposed easements, the water lines, the new school proposed, potential traffic generated, and the impacts of the removal of the flood plain. Jim Birdsall, Planner with the TB Group, continued the presentation by discussing the goals for the project, the zoning, commercial aspect, non-auto-oriented project, amended ODP, higher density multi-family project to support the commercial and employment aspect, modifications needed, the proposed rezone rather than Addition of Permitted Use (APU). They have agreed to a number of parameters for this project. He discussed a list of changes related to the ODP, including the removal of the flood plain, the sale of a strip of land on the west side of the ODP to Boxelder Estates for open space, which prevents a road connection, transportation connections update, land uses allowed within the LMN zone, and a neighborhood park location for the multi- family housing. He described the proposed rezoning and the changes from the original APU process, saying he would rather have the same zone throughout the project rather than two different zone districts, resulting in the down-zoning of the Employment parcel. He discussed the modification of units, the rezoned parcel size, the difference in units/acre being requested, and the building sizes (LMN zone requires smaller buildings and they are asking for some larger buildings). He stated that his company is trying to be sensitive in addressing compatibility issues. He cited a letter from an abutting resident indicating acceptance of their proposal. He is in favor of a large diversity of housing, adding the importance of live/work balance. The rezoning area will be restricted to only multi-family, which will support a living area close to commercial and retail. He also discussed the acreage discrepancy, the height restrictions for compatibility, an enhanced landscape, and a larger setback. Staff Analysis Chief Planner Shepard gave a brief analysis, responding to a question from the work session regarding edge condition perception. He discussed this topic at length, showing slides of similar projects to justify Staff’s decision. He discussed the Enhanced Travel Corridor (ETC), concluding that this is a logical area for urban development, adding that the conditions of approval are written specifically for providing compatibility. He pointed out that the rezone request must first be approved, and then the ODP may be considered; both items are conditioned. Interim Vice Chair Hansen asked if there is a maximum density in the MMN zone; Chief Planner Shepard said that there is no maximum - only a minimum. Public Input Sally Craig, 1409S. Summit View, has a concern about the rezoning, and she feels that there are many options for zoning. Since the owner has a specific project, he wants to change the zoning and structure maps, and she is questioning the justification. She feels that MMN is not a good transition to urban estates. She has a concern with high density that has no complementary service in place. She is worried that this will be a high density development with no support services, saying the rezoning is not justified and there is a future concern that, if this project falls through, the property will then be opened up to all uses of MMN. Nancy Deadmond, 1424 S. Summit View Drive, is opposed to the rezoning, as her home abuts Planning and Zoning Board January 12, 2017 Minutes (draft) to this property. She doesn’t feel this development is compatible with surrounding areas. She doesn’t feel that others should benefit from the flood plain improvements that have been paid for already. She stated that school numbers are down, so she questions how a new school will be filled. She doesn’t want to see high-rise apartments from her backyard. Robert Slate, 726 Sherry Drive, has a concern with the canal overflowing, and he feels there is good reason to be concerned with future flooding. He also doesn’t believe that the buffers are adequate, and he feels the rezoning is wrong. Bob Thydean, 1110 S. Summit View, has some questions about ingress/egress into this property. He also questioned plans for traffic on Highway 14 and related traffic hazards, like poor visibility. Pat Griego, 1116 Greenbriar, is opposed to the rezoning. She noted that the City Traffic Engineer predicted that this project would result in an additional 3-4 cars per minute, and traffic is already heavy. Based on the traffic impacts, she does not agree with the reason for rezoning. Becky Bedan, 3445 Kenwood Drive, asked if there are any plans for affordable housing in this development. Applicant and Staff Response Mr. McKenna stated he is very sympathetic with resident’s concerns, but he doesn’t think that community growth should be halted, adding that this multi-family housing will be affordable. This property has not been rezoned in 28 years, and it is an opportunity for the City to have a project that will create a beautiful community with wonderful services. Regarding traffic issues, the developer will pay a good amount of the cost to upgrade the their frontage along two public streets and his group is working with other property owners to help fun improvements to the I- 25/Project Road interchange. The four owners are committing to raise $7 million. In response to a comment from the public, Chief Planner Shepard clarified that the list of change conditions noted in the staff report are not dependent on the rezoning; therefore, the LUC would stay the same. He added that the Cooper Slough and Boxelder improvements upstream have taken away all of the drainage issues in this area. He confirmed that there will be no street connections to west or north. The standard for the criteria for rezoning states that there are change conditions, which is not dependent on MMN rezoning. Joe Olson, City Traffic Operations Department, stated that there is already a previously-approved ODP for this property; at this phase, there are no real concerns about traffic. Subsequent development phases will require in-depth traffic studies. Board Questions Member Hobbs asked whether there would be egress to the frontage road; Mr. Olson confirmed that there will be, adding there will most likely be a roundabout installed, but that would be decided during future phases. Member Rollins asked about the number of access points; there are 2 access points, which will include one full access point and one with a ¾ movement. Planning and Zoning Board January 12, 2017 Minutes (draft) Interim Chair Schneider clarified for the audience that a traffic impact study will be prepared at the Project Development Plan phase. Member Hobbs asked whether, in the event that the general surrounding properties and the one owned by CSURF are transferred to CSU, the current zoning will not apply; Chief Planner Shepard confirmed that this would be the case, and he shared some of the ownership history of this parcel. Board Deliberation Member Hobbs observed that, although the rezoning of this portion of the project changes the overall density, he does not feel that this change is incrementally significant, and he will support the rezoning. Member Carpenter agreed; while she sympathizes with the upcoming changes for the surrounding residents, she will also support the rezoning. Interim Vice Chair Hansen described how a mixed-use development will be important, adding that there will be a minimal change in density, so he feels this is an appropriate rezone. Chair Schneider also agreed with the rezoning proposed and will support it. Member Hobbs made a motion that the Planning and Zoning Board approve a recommendation to Council for the Gateway at Prospect Rezoning #REZ160001, including the 7 proposed conditions, based upon the findings of fact contained in the staff report that is included in the agenda materials for this hearing and the board discussion on this item. Member Hansen seconded. Vote: 6:0. Member Hobbs asked whether the rules for setbacks and buffers are different for MMN versus the LMN zones; Chief Planner Shepard detailed the differences and similarities, adding that the Applicant is aware of concerns. Member Carpenter made a motion that the Planning and Zoning Board approve the Gateway at Prospect amended Overall Development Plan #160001, based upon the findings of fact contained in the staff report that is included in the agenda materials for this hearing and the board discussion on this item, and subject to the following condition: that the approval of the ODP is contingent on City Council approval of the accompanying and preceding request for rezoning. Member Hansen seconded. Vote: 6:0. -1- RESOLUTION 2017-009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY’S STRUCTURE PLAN MAP WHEREAS, the City has received an application to rezone certain property located generally at the northwest quadrant of I-25 and East Prospect Road; and WHEREAS, under the rezoning application, known as the “Gateway at Prospect Rezoning,” 12.40 acres of such property would be rezoned from the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District to the Medium Density Mixed-Use Neighborhood (M- M-N”) Zone District and 22.43 acres of such property would be rezoned from the Employment (“E”) Zone District to the Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District; and WHEREAS, the City Council finds that, while the proposed Gateway at Prospect Rezoning does not comply with the present land use designation shown on the City’s Structure Plan Map for that location, it complies with the Principles and Policies of the City’s Comprehensive Plan, as well as the Key Principles of the City’s Structure Plan; and WHEREAS, accordingly, the City Council has determined that the proposed Gateway at Prospect Rezoning is in the best interests of the citizens of the City; and WHEREAS, the City Council has further determined that the City’s Structure Plan Map should be amended as shown on Exhibit "A" attached hereto, so that the proposed rezoning will comport with the City’s Comprehensive Plan in its entirety, including the City’s Structure Plan Map. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council finds that the existing City Plan Structure Plan Map is in need of the amendment requested by the applicant for the Gateway at Prospect Rezoning. Section 2. That the City Council finds that the proposed amendment promotes the public welfare and is consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit “A” attached hereto and incorporated herein by this reference. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of February, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Weld County Larimer County Terry Lake Cobb Lake Timnath Reservoir Fossil Creek Reservoir Trilby Horsetooth Reservoir Cache La Poudre River Shields Taft Hill College Overland Trail Mulberry Prospect Drake Horsetooth Timberline Harmony Vine 25 Lemay 287 287 Willox Mountain Vista Ziegler Douglas CR 52 Carpenter Country Club SH 392 Lindenmeier Lake Long Pond Windsor Reservoir SH 1 CR 56 SH 14 CR 5 CR 38E 25 CR 54G CR 58 CR 30 CR 3 WCR 1 CR 23 Cache La Poudre River Loveland Windsor Timnath Horsetooth Mountain -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(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 Park Lory State Park CSU Foothills Campus GMA Expansion Area La Porte Wellington Bellvue Fort Collins - Loveland Separator Fort Collins - Wellington Separator CSU Stadium Carpenter CSU FRCC City Structure Plan Printed: January 26, 2017 Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits County Boundary Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) 00.511.52 Miles CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. EXHIBIT A