HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2018 - FIRST READING OF ORDINANCE NO. 124, 2018, AMENDINGAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY October 2, 2018
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 124, 2018, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Hughes Stadium Annexation to the City of Fort
Collins, Colorado
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
The purpose of this item is to amend the zoning map and zone the property included in the Hughes Stadium
Annexation into the Transition (T) zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The requested zoning for this annexation is Transition (T) which applies to properties in which there are no
specific and immediate plans for development. The only permitted uses are those existing at the effective date
of the annexation (10 days after Second Reading) and off-site staging pursuant to Land Use Code Section
4.12(B).
Context
The surrounding zoning and land uses are as follows:
ZONING LAND USES
N • Medium Density Mixed-Use
Neighborhood and County FA1
• Agricultural Land; Residential; Westgate Townhomes
S • Public Open Lands County FA1 • Natural Areas (Pineridge Natural Area). Single-family
Residence
E • Medium Density Mixed-Use
Neighborhood and County FA1
• Residential and Commercial (Trail West PUD, Willow
Lane Townhomes, Stadium Heights, Holiday Twin
Drive-In Theater)
W • Public Open Lands • City of Fort Collins Maxwell Natural Area; Horsetooth
Reservoir Area
Agenda Item 8
Item # 8 Page 2
Zoning
The requested zoning for this annexation is the Transition (T) zone district. The Transition zone district is
intended for properties for which there are no specific and immediate plans for development. Colorado State
University’s stated objectives for future development of the property are as follows:
• Select a master developer to present a plan that best serves the collective interests of CSU, Larimer
County, and the City of Fort Collins
• Include consideration of opportunities for environmentally conscious development principles
• Include consideration of opportunities for provision of affordable and workforce housing
• Effectively collaborate with the surrounding community
It should be noted that any future request to change zoning for the subject property would require a future
recommendation by the Planning and Zoning Board and approval by City Council.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed zoning.
BOARD / COMMISSION RECOMMENDATION
At its September 20, 2018, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval
of the annexation. Further, the Board recommended that the property be placed into the Transition (T) zone
district. This unanimous action was taken as part of the Board’s Discussion Agenda. An excerpt of minutes
from the discussion agenda is provided as an attachment (Attachment 4).
PUBLIC OUTREACH
The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not require a neighborhood
meeting in conjunction with a voluntary annexation.
However, prior to the formal submittal of the Hughes Stadium Annexation, Colorado State University and
consultants, CAA ICON, hosted two listening sessions at the Drake Centre on September 20, 2017, and
October 18, 2017. The meeting offered five “listening” stations where either staff or consultants were available
to interact and receive feedback on the following five topic areas; redevelopment process, existing site, land
use context, community needs and values and transportation.
In addition to the in-person events, Colorado State University hosted an online forum that started on August
28, 2017, and is still available today. During the period between August 28, 2017- December 21, 2017, more
than 100 community members communicated their ideas, questions and concerns. Combined, approximately
700 comments, questions and/or concerns were logged by CSU and CAA ICON. The resulting feedback is
described by three primary themes:
1. Open Space: Preservation of open space and access to natural/recreational opportunities.
2. Housing: Mix of choices, low density, workforce housing, innovative and affordable
3. Neighborhood Center: neighborhood-oriented services
Additional public outreach will be required prior to the submittal of a development application/request for
zoning to the City of Fort Collins.
Agenda Item 8
Item # 8 Page 3
ATTACHMENTS
1. Vicinity Map (PDF)
2. Zoning Map (PDF)
3. Structure Plan Map (PDF)
4. Planning and Zoning Minutes September 20, 2018 (draft) (PDF)
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4 City Limits
Fort Collins GMA
Hughes Stadium VicinityZoning Annexation Map &
Date Saved: 8/15/2018 8:20:35 PM
HRoersseertvoooitrh
Sunset St
G
rowth Management Area Boundary
Hughesin Area Stadium Included Annexation
Dixion Canyon Road
W Stuart St
ATTACHMENT 1
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4 City Limits
Fort Collins GMA
Low Density Mixed-Use Neighborhood (LMN)
Medium Density Mixed-Use Neighborhood (MMN)
Neighborhood Commercial (NC)
Public Open Lands (POL)
Residential Foothills (RF)
Low Density Residential (RL)
Hughes Stadium ZoningZoning Annexation Map &
Date Saved: 8/15/2018 8:20:35 PM
HRoersseertvoooitrh
Sunset St
G
rowth Management Area Boundary
Hughesin Area Stadium Included Annexation
Dixion Canyon Road
W Stuart St
ATTACHMENT 2
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City Limits
Potential GMA Expansion
Neighborhood Commercial District
Campus District
Urban Estate
Low Density Mixed-Use
Medium Density Mixed-Use
Open Lands, Parks and Water Corridors
Hughes Stadium StructureZoning Annexation Plan Map &
HRoersseertvoooitrh
Growth Management Area Boundary
Hughesin Area Stadium Included Annexation
Dixion Canyon Road
W Stuart St
Potential GMA Expansion Area
ATTACHMENT 3
DRAFT - EXCERPT
Jeff Schneider, Chair City Council Chambers
Jeff Hansen, Vice Chair City Hall West
Jennifer Carpenter 300 Laporte Avenue
Michael Hobbs Fort Collins, Colorado
Christine Pardee
Ruth Rollins Cablecast on FCTV Channel 14 &
William Whitley Channel 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Hearing
September 20, 2018
Minutes Excerpt for Hughes Stadium Annexation & Zoning
Chair Schneider called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Hansen, Hobbs, Pardee, Rollins, Schneider and Whitley
Absent: None
Staff Present: Everette, Kleer, Frickey, Holland, Wray, Yatabe, Tatman-Burruss, Sullivan, Betley,
Scheidenhelm, Olson, Lambrecht, Blochowiak, Van Zee and Gerber
*BEGIN EXCERPT*
5. Hughes Stadium Annexation & Zoning, ANX 180003 – Pulled from Consent
Project Description: This is a request to annex and zone 164.55 acres of land generally located at the northwest
corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State University and
is the former location of Hughes Stadium. The requested zoning for the property is Transition (T), which is intended
for properties for which there are no specific and immediate plans for development. The surrounding properties are
a mixture of recreational, residential and commercial land uses.
Recommendation: Approval to Council
Staff and Applicant Presentations
Board did not require a presentation on this item.
Public Input (3 minutes per person)
Planning and Zoning
Board Minutes
ATTACHMENT 4
DRAFT - EXCERPT
Rex Miller, owner of 40-acres directly North of the site, addressed the board with comments he would like to have
forwarded to Council. If the site is brought in as a T transition, the City makes the commitment, however, the State
does not. If the State retains its ownership they are not required to adhere to the zoning, they do not have to
submit plans for review, there are no City inspections conducted and they do not pay property tax. He would like to
see an intergovernmental agreement with the State ensuring they will not do “what they want” and that they will pay
property taxes. He feels that it would be a mistake if there were not a commitment made.
James Miller, 3000 Ross Dr., questioned the notification process and would like to be more involved. He was not
notified of any previous meetings. He would like to know what is planned for the site and is concerned about what
he just learned from the previous speaker.
Staff Response
Planner Kleer deferred to Attorney Yatabe regarding the potential annexation, zoning T District and this project
potentially being leased by the property owner and going under a site plan advisory review, which would not be
subject to our City regulations or permitting. Chair Schneider explained that if CSU owns the property they would
go through a SPAR process with any future development. The transition is a generic transition zoning, if a change
was wanted, they would have to come back to the Board for another discussion and more public comment to
change the zoning. A couple questions raised were, would CSU be willing to enter an IGA like the on-campus
stadium? And, if it is owned by CSU do they just have to do a SPAR? Response to both questions; If CSU did sell
the property off to an individual company or developer, then that developer would go through all the same
regulations as any other development project. Attorney Yatabe responded that was correct and that there has
been no development proposal submitted at this time. There is some fact specific analysis to be done once a
proposal comes in as to how the review would be done. Generally, public facilities under State statute are
generally come under a much more curtailed review, this is something that we have adopted in Land Use Code
under the site plan advisory review. Chair Schneider followed up that this is outside of our growth management
area and not in the City limits at this time. This is the beginning of the process for an intergovernmental agreement
with Larimer County to potentially annex or bring this portion of land into the City limits.
Fred Haberecht, CSU Planner of Facilities, spoke to the current completion of the demolition contracts. Soil and
seeding will take place by October 15, 2018, the remaining crushed aggregate will be removed by December
2018. Regarding a SPAR, this is not the central intent. We need to better understand from the City what that
means. Member Hansen commented that they can do what they wish within their own current guidelines and State
guidelines. Chair Schneider commented that this is why this is a voluntary annexation. This is to start the
communication for this to go.
Rick Calhan, CSURF Real Estate, the County has already stated that they do not have any objections to this being
annexed into the GMA after the fact, once they go through a bigger process. We believe we are beyond the
County’s approval. The University wants to divest themselves from this land. Developers understand that if they
want to develop on this site, it will be under the direction of the City and will need to follow through with the T
transitional zoning and take it through the review process. The intent of CSU is to sell the property and then the
concern about SPARS and anything else in the future goes away and it becomes a normal development.
Board Questions / Deliberation
Member Hansen feels as though is a good annexation for the City. Member Schneider agrees.
Deliberation
Member Hansen feels that the move to annex this site gives the City and the residents in the area more input on
what happens to the property in the future. He feels this is in the best interest of the City. Chair Schneider agrees.
Member Whitley made a motion that the Fort Collins Planning and Zoning Board send a recommendation of
approval to City Council for the Hughes Stadium Annexation & Zoning, ANX180003 this recommendation is
based on the agenda material, information and materials presented during the work session and this
hearing and the board discussion on this item. Member Carpenter seconded. Planner Kleer offered clarifying
ATTACHMENT 4
DRAFT - EXCERPT
response regarding the IGA between the County and The City. The procedure under 8F of the IGA it is at the City’s
discretion that we can annex outside of the GMA with notification to the County 35 days prior to first hearing. This
annexation creates two (2) enclaves; to the North and to the East. Vote: 6:0.
*END EXCERPT*
Minutes respectfully submitted by Shar Gerber.
ATTACHMENT 4
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ORDINANCE NO, 124, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE HUGHES STADIUM ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes
the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning
Board, at its meeting on September 20, 2018, unanimously recommended zoning the property to
be known as the Hughes Stadium Annexation (the “Property”) as Transition (“T”) as more
particularly described below and determined that the proposed zoning is consistent with the
City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood
surrounding and including the Property; and
WHEREAS, the City Council has determined that the proposed zoning of the Property, as
described below is consistent with the City’s Comprehensive Plan and/or is warranted by
changed conditions within the neighborhood surrounding and including the Property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and
finds the proposed zoning to be in compliance with all such criteria; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property as described below, finds it to be in the best interests of the City, and has
determined that the Property should be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to
Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended
by including the Property in the Transition (“T”) Zone District as more particularly described as:
A parcel of land situate in the East Half of Section 20, Township 7 North, Range 69 West
of the 6th P.M., being more particularly described as follows:
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Considering the East line of the Northeast Quarter of said Section 20 as bearing South
00°16'25" West and with all bearings contained herein relative thereto:
BEGINNING at the Southeast corner of Foothills Annexation to the City of Fort Collins,
recorded at Book 1439 Page 17 Larimer County Clerk and Recorder, said corner also
being the Northwest corner of Becksted Addition to the City of Fort Collins recorded at
Reception No. 910170 Larimer county Clerk and Recorder; thence along the West line of
said Becksted Addition, said line also being the East line of said Section 20, South
00°16'25" West, 1,390.85 feet to the East Quarter corner of said Section 20, said point
also being the Northwest corner of Mountain Shadows Annexation to the City of Fort
Collins recorded at Book 1500 Page 6 Larimer County Clerk and Recorder; thence along
the West line of said Mountain Shadows Annexation, said line also being the East line of
said Section 20, South 00°17'42" West, 690.54 feet to a point on the Northerly line of
Pine Ridge 5th Annexation to the City of Fort Collins recorded at Reception No.
2001113963 Larimer County Clerk and Recorder; thence along said Pine Ridge 5th
Annexation the following three (3) courses and distances, North 89°42'16" West, 30.00
feet; thence, South 00°17'42" West, 456.97 feet; thence, South 78°29'11" West, 1,114.50
feet to a point on the Northeast corner of Pine Ridge 3rd Annexation to the City of Fort
Collins, recorded at Reception No. 99006010 Larimer County Clerk and Recorder;
thence along the Northerly line of said Pine Ridge 3rd Annexation, said line also being
the Northerly right of way line of Dixon Canyon Road, South 78°29'11" West, 948.91
feet; thence along the Westerly line of said Pine Ridge 3rd Annexation, South 11°30'33"
East, 60.00 feet to the Southerly right of way line of Dixon Canyon Road; thence along
said line South 78°28'57" West, 635.98 feet; thence departing said line, and along the
Easterly line of State Board of Agriculture Lands as recorded at Reception No. 10510582
the following two (2) courses and distances, North 00°04'23" East, 61.42 feet; thence,
North 00°30'58" East, 878.03 feet to the Southeast corner of Maxwell Open Space
Annexation to the City of Fort Collins recorded at Reception No. 90017479 Larimer
County Clerk and Recorder; thence along the East line of said Maxwell Open Space
Annexation, North 00°31'43" East, 1,573.16 feet; thence departing said line, and along
the line of said State Board of Agriculture Lands the following six (6) courses and
distances, North 57°47'42" East, 65.46 feet; thence along a curve concave to the
Northwest having a central angle of 25°26'23", an arc length of 149.40 feet with a radius
of 336.48 feet, and the chord of which bears North 45°04'30" East, 148.18 feet; thence
along a curve concave to the Northwest having a central angle of 31°42'57", an arc length
of 133.40 feet with a radius of 240.99 feet, and the chord of which bears North 16°32'04"
East, 131.70 feet; thence, North 00°30'42" East, 111.20 feet; thence along a curve
concave to the East having a central angle of 23°27'51", an arc length of 96.85 feet with a
radius of 236.49 feet, and the chord of which bears North 11°47'37" East, 96.17 feet;
thence, North 86°25'25" East, 1,487.45 feet to the Southwest corner of Foothills 3rd
Annexation to the City of Fort Collins recorded at Book 1497 Page 190 Larimer County
Clerk and Recorder; thence along the South line of said Foothills 3rd Annexation, North
86°25'25" East, 25.79 feet to the Southwest Corner of Foothills 2nd Annexation to the
City of Fort Collins recorded at Book 1456 Page 668 Larimer County Clerk and
Recorder; thence along the South line of said Foothills 2nd Annexation, North 86°25'25"
East, 446.63 feet to the Southwest Corner of Foothills Annexation to the City of Fort
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Collins recorded at Book 1439 Page 17 Larimer County Clerk and Recorder; thence
along the South line of said Foothills Annexation, North 86°25'25" East, 479.58 feet to
the Point of Beginning.
The above described tract of land contains 7,167,953 square feet or 164.554 acres, more
or less, and is subject to all easements and rights-of-way now on record or existing.
Section 3. The Property described herein is not included in the Residential
Neighborhood Sign District.
Section 4. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
October, A.D. 2018, and to be presented for final passage on the 16th day of October, A.D. 2018.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Passed and adopted on final reading on the 16th day of October, A.D. 2018.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk