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HomeMy WebLinkAboutSW CORNER OF EAST PROSPECT ROAD & I-25 REZONING - 4-04A - REPORTS - FIRST READINGATTACHMENT 2 RECOMMENDED CHANGES TO THE CITY PLAN STRUCTURE PLAN MAP Existing Map Amendment Justification for the Change Existing map (see attached The map will be amended to The map amendments will map). delete 25 acres of graphically depict the map's Commercial Corridor consistency to the amendments designated land and 118 being made in the I-25 acres of Open Land, Subarea Plan. Streams Corridors, to show about 143 acres of Employment District land located in the SW quadrant of the Prospect/1-25 interchange adjacent to the highway. The map will also be amended to delete 86 acres of Industrial District land and 19 acres of Urban Estate land to show about 96 acres of Commercial Corridor land and 39 acres of Employment District land located in the NE quadrant of the Prospect/I- 25 interchange adjacent to the highway. ATTACHMENT I Existing Statements, Policies, Maps Amendments 13eletiew Additions Justification for the Change Page 44 Nattual 26ceas and Qven Implementation strategy }ands deleted because, as indicated 8.2 Implementation above, the eastern portion of Strategies Resotuce Recovery Form the former Resource Recovery Property — Ptvsmthe Farm has insufficient natural Natural Areas and Open acquisition of this site as resource values to be lands designated as a Natural Area. Resource Recovery Farm Property — Pursue the acquisition of this site as City - owned open sace. M2 Existing Page 26 Fort Collins I-25 Subarea Plan — Zoning Plan Existing map. Page 41 Policy I-25-NOL-1.2 The City will explore the possibility of converting the Resource Recovery Farm property, located at Prospect Road and I-25, for use as open Amendments Dektians Additions commercial designated land. The map will be amended to delete 25 acres of C, Commercial zoning and 118 acres of POL, Public Open Lands zoning to show about 143 acres of E, Employment zoning in the SW quadrant of the Prospect/I-25 interchange adjacent to the highway. The map will be amended to delete 86 acres of I, Industrial zoning and 19, acres of Urban Estate zoning to show about 66 additional acres of C, Commercial zoning and 20 acres of E, Employment zoning the NE quadrant of the Prospect/I-25 interchange adjacent to the highway. -5- ATTACHMENT 1 Justification for the Chan£ The map amendments will graphically depict the proposed zoning change to show 143 acres of E, Employment District in the SW. The map amendments will also graphically depict the proposed zoning changes to show 96 total acres of the C, Commercial District and 39 acres of the E, Employment District in the NE. Policy deleted because, as indicated above, the City Council has indicated its general preference for a higher level of commercial use for the eastern portion of the property. ATTACHMENT 1 Existing Statements, Policies, Maps Amendments Hcletions Additions Justification for the Change of commercial zoning is requested and should be sufficiently large enough for a regional/community shopping center. Page 26 The map will be amended to The map amendments will delete 25 acres of graphically depict the wording Fort Collins 1-25 Subarea Commercial Corridor changes being made in the I - Plan — Land Use Plan designated land and 118 25 Subarea Plan. acres of Proposed Open Existing map. Space land to show about 143 acres of Employment District land located in the SW quadrant of the Prospect/I-25 interchange adjacent to the highway. Also, the Activity Centers boundary currently around the Commercial Corridor designated land in the SW quadrant will be eliminated. The map will also be amended to delete 86 acres of Industrial designated land and 19 acres of Urban Estate land in the NE quadrant and to show about 66 acres of additional Commercial land and 20 acres of Employment land in the NE quadrant of the Prospect/I-25 interchange. Also, the Activity Centers boundary around the Commercial Corridor designated land in the NE quadrant will be expanded to cover all 96 acres of -4- ATTACHMENT 1 Existing Statements, Policies Maps Amendments Dcletions Additions Justification for the Change for economic development purposes. At the same time, however, the adopted I-25 Subarea Plan - as well as other constraints on the property, would allow the property to be developed in a manner that preserves an aesthetically pleasing viewshed from I-25 as well as protects adjoining areas with high natural values (namely Box Elder Creek and Running Deer Natural Area). Page 21 With the rezoning of 25 acres of commercial zoning to 5.2 Land Use Plan employment zoning in the SW Objectives quadrant of the Prospect Road/I-25 interchange and the Designation of Activity Designation of Activity relative lack of commercial Centers. This plan designates Centers. This plan zoning in the community as a activity centers along I-25 at designates activity centers whole, it is important to the Prospect Road and along I-25 at the Prospect maintain a significant amount Mulberry Street interchanges. Road and Mulberry Street of commercial zoning at the These centers are intended to interchanges. These centers Prospect/1-25 interchange. evolve into concentrated areas are intended to evolve into Basically, transferring 25 acres of mixed -use development concentrated areas of of Commercial zoning from with high visibility, increased mixed -use development the SW quadrant to the 30 levels of activity, and more with high visibility, acres of Commercial zoning in integrated appearances. In increased levels of activity, the NE quadrant is a start. addition, the northeast and more integrated However, due to development quadrant of the I-25/Mulberry appearances —in -addition; constraints in the NE quadrant, interchange is planned as a the nordimst quadiant of such as land needed to potential location for a tine f 25 Mulberry accommodate the Boxelder regional/community shopping intactrange is p1mmed as a floodway, etc., which requires center. and also the potential about 20 acres, additional land locations fora is necessary to be designated regional/community for commercial development shopping centers. above the simple addition of 25 acres from the SW quadrant. A total of 96 acres -3- Existing Page vi The City's Resource Recovery Farm is to be preserved as open lands. Amendments Deletions Additions The western portion of the City's former Resource Recovery Farm is to be preserved as open lands, however, the eastern portion should be placed into an Employment District to allow the property to be developed for economic development purposes in a manner that preserves an aesthetically pleasing viewshed from 1-25 as well as protects adjoining areas with high natural resource values. -2- ATTACHMENT 1 Justification for the Change In 2003, the Natural Resources Department's Natural Areas Program purchased the Resource Recovery Farm (RRF) as a scenic and open lands buffer. At the time of purchase, the RRF was not described as an area of interest to the Natural Areas Program in the Natural Areas Policy Plan, nor the various community separator plans adopted by the City. Because the RRF was not shown in these plans, and because it has low natural resource values, Natural Areas Program staff embarked on a planning process to help guide the property's ultimate management and disposition status. In August of 2005, the City Council reviewed a series of options for the property and indicated its general preference for a higher level of "commercial" use for the property. Based on Council's perspective, staff has concluded that rezoning a substantial portion of the property (118 acres) to E, Employment would be in the best interests of the City. Employment zoning would allow the property to be use ATTACHMENT I RECOMMENDED AMENDMENTS TO THE I-25 SUBAREA PLAN Existing Amendments Justification Statements. Policies. Mans Deletions Additions I for the Change Page A Executive Summary: Two activity centers are identified for the subarea, one at the I-25/Mulberry Street interchange and the other at the I-25/Prospect Road interchange. The northeast quadrant of the I-25/Mulberry Street interchange is also planned for the potential location of a regional/community shopping center. Two activity centers are identified for in the subarea for the potential location of regional/community shopping centers, one at the I-25/Mulberry Street interchange and the other at the I-25/Prospect Road interchange. T Ie 110 Hieast quadrant- ofthcf" intetchange is niso planned shopping Center. The undeveloped land in the NE quadrant of the I-25 and Mulberry Street interchange initially planned for the potential location of a regional/community shopping center is approximately 50 acres in size. Adding 66 acres of commercial zoned land to the existing 30 acres at the NE quadrant of the Prospect Road and I-25 interchange would make a 96 acre parcel large enough for a regional or community shopping center. However, all 96 acres are not totally developable due to 20 acres of site constraints, including the Boxelder Creek floodplain. Therefore, the total developable size of the commercial area would be 76 acres, or about the size of the Foothills Mall property. The need for additional undeveloped commercial land in the City is critical for the community to provide alternative locations for retail development in Northern Colorado. Interstate interchanges are a logical location for regionally serving October 16, 2007 -15- Item No. 23 FINDINGS OF FACT/CONCLUSIONS After reviewing the East Prospect Road and I-25 rezonings and amendments to the I-25 Subarea Plan and the City Plan Structure Plan map, staff makes the following findings of fact and conclusions as explained in detail above: 1. The request for amendments to the I-25 Subarea Plan and the City Plan Structure Plan map would be consistent with the City Plan's overall vision, goals, principles, and policies. 2. The rezoning requests are consistent with City Plan, the City's Comprehensive Plan, based on the Structure Plan map amendment and amendments to the I-25 Subarea Plan. 3. The proposed E, Employment District is appropriate for the parcels at the southwest corner of Prospect Road and I-25. 4. The proposed C, Commercial District and E, Employment District are appropriate for the northeast comer and will help provide tax revenues necessary to cover local funding required to improve the Prospect Road/I-25 interchange as well as other infrastructure improvements. 5. The proposed rezonings will not result in significantly adverse impacts on the natural environment. 6. The proposed rezonings will result in a logical and orderly pattern of development. STAFF RECOMMENDATION Staff recommends approval of the amendments to the I-25 Subarea Plan and the City Plan Structure Plan map and the rezoning of 25 acres of C, Commercial and 118 acres of POL, Public Open Lands to to 143 acres of E, Employment at the SW comer and for the NE corner, the rezoning of 86 acres of I, Industrial to 66 acres of C, Commercial and 20 acres of E, Employment and the rezoning of 19 acres from UE, Urban Estate to E, Employment. to create a 39 acre E zoned buffer between the C, Commercial zoned area (a total of 96 acres) and residential areas to the north and east. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on September 20, 2007, voted 7-0 to recommend approval of the plan amendments and the requested rezonings. ATTACHMENTS 1. Recommended Changes to the I-25 Subarea Plan. 2. Recommended Changes to the City Plan Structure Plan map. 3. Draft minutes from the September 20, 2007 Planning and Zoning Board meeting. 4. Southwest Corner Rezoning map. 5. Northeast Comer Rezoning map. October 16, 2007 -14- Item No. 23 (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 E, Employment District is the appropriate zone for the southwest corner. Areas to the north, northeast, and east are designated for a mix of commercial, industrial, and employment uses. Also, the regulations contained in the Land Use Code are intended to have employment districts along the I-25 corridor designed in a manner to maintain openness through the use of: setback requirements, maximum building frontage allowances, restricting building heights, and proper management of floodplains. The C, Commercial District and the E, Employment District are the appropriate zones for the northeast corner. The E, Employment District will provide for a land use transition from the C, Commercial District areas to the surrounding residential properties to the north and east. The E, Employment District is more restrictive than the previous I, Industrial District for the property to the north. Areas to the south and west are designated for a mix of commercial and employment uses. And again, the regulations contained in the Land Use Code are intended to have employment districts along the I-25 corridor designed in a manner to maintain openness through the use of setback requirements, maximum building frontage allowances, restricting building heights, and proper management of floodplains. (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 natural functioning of the environment; Staff believes that development in the E, Employment District at the southwest corner would have no significant adverse impacts on the natural environment. Any development application will be subject to the City's development standards relative to natural habitat, energy conservation, stormwater and landscape design. Staff s perspective is that development in the C, Commercial District and the E, Employment District at the northeast comer would have no significant adverse impacts on the natural environment. Again, development applications will be subject to the City's development standards relative to natural habitat, energy conservation, stormwater and landscape design. Part of the reason for enlarging the C, Commercial zoning in the NE quadrant was to devote land to the proper management of the Boxelder Creek floodplain. (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The Prospect Road/I-25 interchange represents an opportunity to create a key community gateway, combining a balance of economic development and open space preservation. It is logical that such an important interchange maximize the ability to have land available for the development of a mix of commercial and employment types of uses. The City's development standards will require adequate public utilities and infrastructure to be in place to assure an orderly development pattern. October 16, 2007 -13- Item No. 23 parcels around the Prospect Road/I-25 interchanges to cover the costs of necessary infrastructure improvements, including the major expense of reconstructing the Prospect Road/1-25 interchange. This would be consistent with the pay-as-you-go philosophy. (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. When identified for open space preservation in the 1-25 Subarea Plan, the eastern portion of the Resource Recovery Farm (RRF) was not described as an area of interest to the Natural Resources Department's Natural Areas Program in the Natural Areas Policy Plan, nor the various community separator plans adopted by the City. Because the RRF was not shown in these plans, and because it has low natural resource values, Natural Areas Program staff embarked on a planning process to help guide the property's ultimate management and disposition status. Staff has concluded that the eastern portion is not needed for open space in order to achieve any of the City's natural area preservation goals. There are several changed conditions that help justify the plan amendments and rezoning request. When the 1-25 Subarea Plan was adopted in 2003, it was assumed that the necessary improvements to the Prospect Road/1-25 interchange would be funded by the Colorado Department of Transportation (CDOT) and/or the Federal Highway Administration (FHWA) since it was part of the federal/state highway system. It was not anticipated that the responsibility for improving the interchange would fall on local governments and/or adjacent property owners using public/private partnerships. The plan amendments and rezoning request will help address this changed condition whereby local revenues will need to be created in order to finance interchange improvements. The competition for retail sales tax dollars is also significantly different now in 2007 than it was in 2003. In order for the City to remain competitive in the Northern Colorado market, undeveloped retail commercial sites in desirable locations need to be provided. The City is lacking in areas to attract regional/community scale retail establishments. Interstate interchanges are the type of desirable sites for such regional serving retail uses. Land use plans by other jurisdictions, particularly the Town of Timnath, are changing the character of areas east of I-25 from the rural, low density residential, areas shown on the City's plans, to more intense urban uses. In June 2007, the Timnath Town Board approved an amendment to Timnath's Land Use Plan which extended Timnath's Growth Management Area (GMA) boundary north of Timnath to County Road 52 (the northern boundary of the A-B brewery). The Timnath Land Use Plan also intensified the residential densities and land uses in the area to include commercial and employment uses. This is a significant change of conditions that affects areas within the Fort Collins GMA boundary. 1-25 is no longer a line from which land uses begin to decrease in intensity from employment and commercial uses adjacent to the highway, to urban residential, to urban estate residential, to rural uses. The land uses in areas east of 1-25 are beginning to mirror the urban types of land uses west of I-25. Even the 100 acres of UE zoned property owned by the Poudre School District slated for use as athletic fields and school bus storage are not low intensity, rural types of land uses. In addition to the above, Section 2.9.4[H][3] provides factors that maybe considered along with the mandatory requirements for quasi-judicial rezonings. Staff has prepared a response to each of the additional factors, demonstrating how the optional criteria could also be met: October 16, 2007 -12- Item No. 23 the plans are approved, the rezoning requests are simply implementation actions to the plan amendments. Staff is recommending the plans be amended to allow the commercial and open space lands in the southwest quadrant to be changed to the employment district designation. Basically, the plan amendments revert the property back to the land uses planned and zoned prior to the I-25 Subarea Plan adoption. Staff is recommending the plans be amended to allow additional commercial and employment land uses to develop in the northeast quadrant of the Prospect Road/I-25 interchange. It is becoming more apparent that I-25 is not a logical urban edge to the community. The importance of the I-25 corridor to the economic development of Northern Colorado can be viewed all along the corridor. The towns of Timnath, Windsor, and Wellington are changing the character of areas east of I-25 from the rural, low density residential areas envisioned in both the initial City Plan of 1997, and the 2004 update, to urban types of uses. In staff s opinion, the City's plans need to be changed to address the new regional context of what is happening beyond the City's Growth Management Area (GMA) boundary. In City Plan, one of the stated community goals is: Fort Collins will maintain its role as a regional economic center. The downtown, the Foothills Mall, and South College Avenue are typically the areas cited as the most important retail shopping locations to help achieve this goal. Staff believes that interstate interchanges need to be elevated to share a similar importance. Principle ECON-2 states: Economic Sustainability: The City will strive to develop an economy which will be self-sustaining within the limits of its GMA. Policy ECON-2.2 states: Fort Collins will be a leader in developing an economy which continues to "develop" within its GMA. The southwest and northeast quadrants of the Prospect Road/I-25 interchange are within the City's GMA boundary. The plan amendments and rezonings will help strengthen the interchange for an expanded role in the City's economic development strategies. Policy GM-4.2 states: Capital Improvement Policy. The City will continue to operate under the following Capital Improvement Policies: e. The City will use a variety of different funding sources to fund capital projects with an emphasis on the "Pay-as-you-go" philosophy. One of the northeast applicant's stated justifications for the plan amendments and rezoning is to provide a land use basis for the ability to generate sufficient tax revenues from the development of October 16, 2007 -11- Item No. 23 Facilitated meetings with the Timnath Engineer and Timnath GMA developers to discuss project alignment to minimize impacts to properties in vicinity of Timnath. Worked closely with Poudre Valley.School District personnel regarding crossing of the GWET project across the District's and White's properties. The 2007 segment of the GWET pipeline is nearing completion. AMENDMENTS TO THE STRUCTURE PLAN MAP AND THE I-25 SUBAREA PLAN: The Structure Plan map, a component of City Plan, the City's Comprehensive Plan, sets forth a basic pattern of development, showing how Fort Collins should grow and evolve over the next 20 years. The 1-25 Subarea Plan is an element of City Plan and provides greater detail and policies for the I-25 corridor. For the southwest comer, the maps in these existing plans currently designate the 25 acre parcel as commercial and the 118 acre parcel as open space. For the northeast comer, the maps in these existing plans currently designate 30 acres as commercial, 86 acres as industrial, and 19 acres as urban estate (not including the 100 acres owned by the Poudre School District) in the northeast quadrant ofthe Prospect Road/I-25 interchange. To recommend approval of the City Plan and I-25 Subarea Plan amendments, the City Council has to find that: (1) the existing Structure Plan is in need of change; and (2) the proposed changes would promote the public welfare and be consistent with the vision, goals, principles, and policies of City Plan. The applicable criteria are contained in Appendix C of City Plan. Review Criteria for Structure Plan Minor Amendments: Appendix C of City Plan outlines mandatory requirements for public notice, review process and evaluation criteria for minor amendments to City Plan, including Structure Plan map amendments. The Plan text states: "A plan amendment will be approved if the City Council makes specific findings that: The existing City Plan and/or related element thereof is in need of the proposed amendment; and The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof." To support the requested rezoning, amendments to existing plans will be necessary. Attachment I contains the statements, policies, and maps which need to be amended within the 1-25 Subarea Plan. Attachment 2 is a summary of the recommended changes to the City Plan Structure Plan map. ANALYSIS BASED ON REZONING REVIEW CRITERIA How the rezoning requests address the requirements in the City's Land Use Code are summarized below: (a) consistent with the City's Comprehensive Plan; Staff decided to review the land uses around the Prospect Road/I-25 interchange as a result of the rezoning requests from the City, for the southwest quadrant, and the private property owner, for the northeast quadrant, to determine what would be the best land use pattern for the area around the interchange for the City as a whole, independent of the specific rezoning requests. The amendments to the plans are related to the rezoning requests but are independent actions. If the amendments to October 16, 2007 -10- Item No. 23 • Participated in all local (Group 7) meetings. • Organized group of landowners in the neighborhood of I-25/Prospect and advised them of interchange issues. • Met regularly with City Transportation staff as well as CDOT and Felsburg Holt Ullevig., consultants on the North I-25 EIS project. • With City Transportationstaffandotherpropertyowners,influencedtheproposedaligrment and details of the Prospect/I-25 interchange to the advantage of City. • Facilitated meetings between North I-25 EIS and Boxelder Creek Stormwater Alliance to resolve mutual issues. • Researched and resolved historic preservation issue with North 1-25 EIS team. PROSPECT ROAD IMPROVEMENTS Organized group of local property owners concerning issues pertaining to future Prospect Road improvements. Coordinated regularly with City Transportation and Engineering staff. Facilitated series of public/private meetings with the City, Timnath Engineer, and local property owners to address future improvements to Prospect before they became problems. These issues included: o Boxelder Creek crossing of Prospect west of I-25, C Greeley Water Extension & Transmission Project (GWET) crossing of Prospect, A Boxelder Sanitation District sewer crossing of Prospect at McLaughlin Lane, O Relocation of Timnath Inlet canal to allow future widening of Prospect, o Prospect / County Road 5 intersection issues, C Boxelder Creek stormwater overflow canal crossing of Prospect (the Grand Canal). o With Town ofTimnath, Don Bachman, Cache la Poudre Irrigation Company, Poudre Valley School District and a local developer, developed cross section profile of future Prospect ROW which is in use today. GREELEY WATER EXTENSION AND TRANSMISSION PROJECT (GWET) Greeley's GWET project is a 60-inch diameter waterline delivering water from their pre-treatment plant northwest of Fort Collins to Greeley. In its nominal configuration, the bottom of the pipeline is to be placed on top of approximately 2 feet of gravel and covered with at least 60 inches of soil making the total depth of their pipeline excavation and backfill approximately 12 feet. The sheer size of this project makes it important to anticipate related issues in advance of the project's construction. The 2007 segment of this project included a crossing of Prospect Road at McLaughlin Lane, a crossing of I-25 at a location north of Prospect and completion to a point in the vicinity of the Fort Collins Airpark. The I-25 crossing is particularly complicated since three irrigation company canal crossings, the Boxelder Creek crossing, a Boxelder Sanitation District sewer line crossing as well as various other utility crossings are located in close proximity to one another. The Whites facilitated several public/private meetings with representatives from Greeley, Timnath, Boxelder Alliance, City Transportation/Engineering and Stormwater Departments, the Poudre Valley School District, Boxelder Sanitation District, CDOT, a group of affected landowners, and others to discuss details of the project. Arranged to have GWET representatives attend several Boxelder Alliance TAC meetings to coordinate the particularly tight and complex I-25 crossing as well as other mutual issues. October 16, 2007 -9- Item No. 23 A recent Economic Planning Systems (EPS) study commissioned by the City to evaluate future retail capacity in the vicinity of Fort Collins, determined that over the next few years an increase of approximately 1.5 million feet of retail space is anticipated. The City is in a very competitive market with the Towns of Timnath, Windsor and Wellington for this retail space. If the City wishes to capture any of this increased retail space (and its related sales tax) the City needs to move quickly and aggressively. The property owners (the Whites) have been very involved is a series of planning related studies/projects for the interchange, the surrounding area, and along the I-25 corridor. Listed below is a summary of their involvement: BOXELDER CREEK REGIONAL STORMWATER ALLIANCE Served from the inception of the Boxelder Alliance until present as the representative for a group of private property owners. Was one of 5 groups (Landowners, City, Wellington, Larimer County, Colorado Water Conservation Board) who EQUALLY funded the stormwatermasterplan. Served as 1 of 5 voting members on the Technical Advisory Committee (TAC) which provided overall direction to the Alliance's efforts. The TAC: o Prepared the Scope of Work for the engineering consultant, C Selected the engineering consultant, o Provided ongoing direction to/coordination with the selected consultant o Reviewed/commented on work products, o Held monthly public meetings to discuss progress, o Participated in weekly/biweekly meetings to complete tasks for the Alliance, o Reviewed/commented on final Regional Master Plan, U Participated in Alliance presentations to Alliance members and town councils. Served as 1 of 5 voting members on the Financial Advisory Committee (FAC). 0 FAC was formed to ensure financial feasibility to the engineering options. o Independently funded legal consultant to the FAC. o The FAC: ■ Completed funding analyses of the Master Plan alternatives, ■ Researched project financing options, ■ Completed damages & consequences assessments, ■ Developed Funding/Implementation Strategy for final Master Plan, ■ Coordinated with TAC in developing a recommended alternative. Prepared list of property owners in vicinity of I-25/Prospect (400 names) for public notices. Advised local property owners group of Alliance financing issues. Coordinated with Alliance members including: Larimer County, Town of Wellington, the City, Town of Timnath, Town of Windsor, North Poudre Irrigation Company, Boxelder Sanitation Distirict, New Cache la Poudre Irrigation Company, Colorado Water Conservation Board, Colorado Department of Transportation and others. NORTH I-25 EIS Attended North I-25 EIS Technical Advisory Committee meetings (usually was the only member of the public in attendance). October 16, 2007 -8- Item No. 23 NORTHEAST CORNER APPLICANTS REQUEST AND JUSTIFICATION The following has been submitted by the applicant as a justification for the rezoning requests: • The Prospect / I-25 interchange was constructed in 1966. Since its construction, traffic volumes have increased significantly and the interchange structure has deteriorated. • A recent North I-25 Environmental Impact Statement (EIS) team analysis of the interchange indicates that portions of the interchange are CURRENTLY experiencing a failing Level of Service (LOS) quality F (failure). • Furthermore, the EIS team projects increases of roughly 4 times the current traffic volume for the interchange in the next 20 years. • North 1-25 EIS projections call for a 200 foot widening of interstate right-of-way (ROW) to accommodate an additional lane of traffic in each direction and improvements to the on/off ramps and safety lanes. As a result, any reconstruction of the Prospect interchange must accommodate a wider footprint. The current interchange ROW will not accommodate this widening. • Cost estimates/projections for the interchange and Prospect Road improvements are substantial: o The projection for the interchange itself is $25,000,000.00 (excluding ROW acquisition costs). Boxelder Creek crossing of Prospect Road west of interchange is $3,000,000. o Prospect Road east of the interchange to County Road 5 is $1,700,000 to $2,300,000 (excluding design, entitlements, utilities, structures, relocation of Timnath inlet canal, and CR5/Pmspect intersection). Prospect Road west of interchange to Summit View is $1,000,000 to 1,300,000 (similar exclusions). o The total, thus, ranges from $30,700,000 to $31,600,000, at a minimum. • Colorado Department of Transportation (CDOT), the Federal Highway Administration (FHwA) and the City have little funds to aid in the construction of this interchange and related street improvements. • A new interchange is needed to meet the Adequate Public Facilities (APF) requirement for the new CSU R&D center in the southwest quadrant as well as for the property owner's anticipated project or other developments on the interchange comers. A new interchange will serve as a "Gateway to CSU", as envisioned by the University. If the City wishes to have this interchange constructed anytime in the near future, it will likely need to be funded by a public/private financing vehicle. • The I-25 Subarea Plan and the current Overall Development Plan (ODP) on the property were developed prior to the current interchange cost projections and proposed land use changes on the City -owned property becoming available. Clearly such magnitude of interchange constructions costs and such land use changes could not have been anticipated. • Gene Andrist, a financial planner involved with the financing of many interchanges and other major projects throughout the state, has developed a number of funding scenarios for public/private financing of the interchange. Increased levels of retail space at the interchange comers appears to be the key to provide increased revenue sources to the City to pay for interchange and related improvements. October 16, 2007 -7- Item No. 23 (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; (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 natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. SOUTHWEST CORNER APPLICANTS REQUEST AND JUSTIFICATION: In 2003, the Natural Resources Department Natural Areas Program completed purchase of the Resource Recovery Farm (RRF) as a scenic and open lands buffer. At the time of purchase, the eastern portion of the RRF was not described as an area of interest to the Natural Areas Program in the Natural Areas Policy Plan, nor the various community separator plans adopted by the City. Because the eastern portion was not shown in these plans, and because it has low natural resource values, Natural Areas Program staff embarked on a planning process to help guide the property's ultimate management and disposition status. In August 2005, the Natural Resources staff shared a series of options for the RRF property with the Council and requested policy direction. The Council indicated its general preference for a higher level of "commercial" use for the property. Based on Council's perspective, the Natural Resources Department staff,concluded that rezoning a substantial portion of the property (118 acres) from POL, Public Open Lands to E, Employment would be in the best interests of the City. In addition, staff s perspective is that the 25 acre parcel zoned C, Commercial, immediately adjacent to the interchange and owned by the City should be combined with the 118 acre parcel to create a 143 acre parcel for employment type uses. Employment zoning would allow the property to be used for economic development purposes. At the same time, however, the adopted 1-25 Subarea Plan - as well as other constraints on the property, would allow the property to be developed in a manner that preserves an aesthetically pleasing viewshed from I-25 as well as protects adjoining areas with high natural values (namely Boxelder Creek and the Running Deer Natural Area). The rezoning request excludes Boxelder Creek, it will remain zoned POL. Regulations contained in the Land Use Code applicable to the I-25 corridor, and more generally throughout the community, are intended to have employment/industrial districts designed in a manner to maintain openness through the use of setback requirements, maximum building frontage allowances, restricting building heights, and proper management of floodplains. Minimum building setback requirements are 205 feet from the centerline of 1-25. Maximum building frontage allowance is 500/6 at the 80 foot minimum setback from the property line, which can be expanded to 60% at an increased setback of 120 feet. Building heights are restricted to 40 feet within 600 feet from the property line adjoining I-25. October 16, 2007 -6- Item No. 23 1. The I-25 Subarea Plan mainly deals with the area located east of I-25 from around the Prospect Road interchange on the south to County Road 52 on the north, and County Road 5 on the east. 2. No change in the City's GMA boundary was proposed. 3. Two activity centers were identified, one at the Mulberry Street interchange and the other at the Prospect Road interchange. The NE quadrant of the Mulberry interchange was planned for the potential location of a regional/community shopping center. The NE quadrant of the Prospect interchange was designated as a mix use activity center with commercial, industrial, and residential uses. 4. Employment and industrial districts adjacent to I-25 are to be designed in a manner as to maintain a perception of openness through the corridor. 5. Secondary uses (retail and highway -oriented commercial uses) typically permitted in employment/industrial districts will be required to be set back at least 1/4 mile from 1-25 to avoid a commercial strip appearance along I-25. 6. Detached single-familyresidential development is prohibited within 1/4 mile of I-25. 7. Low density, mixed use neighborhoods are to be concentrated within 1/2 mile of Mulberry Street. 8. The balance of areas planned for residential development are to be urban estate developments. 9. The City's Resource Recovery Farm is to be preserved as open space. 10. The subarea is planned to eventually be served with multi -modal transportation options. A supplemental street system will facilitate movement within the subarea, thus, diminishing the need to utilize 1-25 for short trips. 11. Most undeveloped land within the subarea is expected to annex prior to development. LAND USE CODE The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the Land Use Code. Section 2.9.4 (H) (2) indicates the following: Mandatory Requirements for Quasi Judicial 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 Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Section 2.9.4 (H) (3) of the Land Use Code indicates the following: Additional Considerations for Quasi Judicial 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: October 16, 2007 -5- Item No. 23 In 1997, the Galatia Annexation were rezoned as part of the City Plan comprehensive community rezoning. The 30 acres of HB, Highway Business was rezoned C, Commercial; the 86 acres of IP, Planned Industrial was rezoned I, Industrial; and the 119 acres of RLP, Low Density Planned Residential was rezoned UE, Urban Estate. The HB, IP, and RLP Districts were eliminated from the Land Use Code in 1997. No parcels were rezoned as a result of adoption of the 1-25 Subarea Plan in 2003. Approximately 100 acres of the 119 acres zoned UE are currently owned by the Poudre School District. The property is undeveloped, but will likely be used for athletic fields and school bus storage. CITY PLAN AND THE I-25 SUBAREA PLAN In 1997, the City adopted City Plan as the City's the new Comprehensive Plan. The Structure Plan map showed Commercial Corridor land use designations in all four quadrants immediately adjacent to the Prospect Road/I-25 interchange; Employment District designations for other areas in the northeast, southwest, and southeast quadrants; Low Density Mixed -Use Residential designation in the northwest quadrant; and Rural/Open Lands and Stream Corridors designation for other areas in all four quadrants. The Structure Plan map also identified the need for additional planning in the I-25 corridor and designated the area as the 1-25 Special Study Corridor." In addition, City Plan's chapter on Principles and Policies contained the following: PRINCIPLE LU4: More specific subareaplanning efforts will follow the adoption of these City Plan Principles and Policies which tailor City Plan's citywide perspective to individual neighborhoods, districts, corridors, and edges. Policy LU4.5 Priority Subareas. The following areas have been identified as priority for future subarea planning: I-25 Corridor Concurrent with the development of the I--25 Subarea Plan, was a multi jurisdictional cooperative planning effort to develop the Northern Colorado Regional Communities I-25 Corridor Plan. The planning boundaries of the two efforts overlapped. The regional plan studied the I-25 corridor from County Road 52 on the north to an area south of the Town of Berthoud, while the subarea plan studied the area from County Road 52 to County Road 32 (Carpenter Road). The most significant difference between the two plans is that the subarea plan dealt with land uses in more detail than the regional plan. The regional plan was based on existing land use plans of the participating jurisdictions. The regional plan focused on developing a set of design standards, a transportation element, and open lands/natural areas policies. The Northern Colorado Regional Communities I-25 Corridor Plan was adopted by the City in November 2001. In 2003, the City adopted the 1--25 Subarea Plan as an element of City Plan. The key points, conclusions, and policies of the I-25 Subarea Plan are summarized as follows: October 16, 2007 -4- Item No. 23 THE SOUTHWEST SITE The properties proposed for rezoning are currently an undeveloped 25 acre parcel of land zoned C, Commercial, and a 118 acre parcel of the former Resource Recovery Farm zoned POL, Public Open Lands. The adjoining existing zoning and land uses are as follows: N: C, Commercial and E, Employment, mainly undeveloped E: C, Commercial, and County Commercial and FAl, Farming zoning, partially developed retail and office uses, and agricultural uses S: POL, Public Open Lands, and RC, River Corridor, public open space and the Boxelder Sanitation District's wastewater treatment facility W: POL, Public Open Lands, the Running Deer Natural Area, Colorado Welcome Center and I-25 rest area The property was annexed into the City of Fort Collins as part of the 325 acre Sludge Farm Annexation in June of 1988 and zoned RC, River Corridor District. In 1997, the 25 acre parcel was placed into the C, Commercial District and the 118 acre parcel was placed into the E, Employment District as a result of the City Plan comprehensive rezoning of the entire city. The sizes of the commercial and employment areas were based on an Overall Development Plan (ODP) for the area prepared by the Planning Department for the Utilities Department. The Utilities Department operated a sludge application process on the property until transferring that operation to other sites in northern Larimer County. The Natural Resources Department purchased 144 acres from the Utilities Department to be preserved as open space (the Running Deer Natural Area), and in 2003, purchased an additional 151 acres as open space. In May 2004, the City Council, following the policies and implementation actions contained in the I-25 Subarea Plan, rezoned the 151 acre parcel from E, Employment into the POL, Public Open Lands District. The 118 acres requested for rezoning is a portion of the 151 acre tract. THE NORTHEAST SITE The adjoining existing zoning and land uses are as follows: N: C, Commercial and LMN, Low Density Mixed Use Neighborhood, undeveloped E: County FA-1, Fanning, Kitchell Estates, large lot residential subdivision, and UE, Urban Estate, undeveloped 100 acre parcel owned by the Poudre School District S: C, Commercial, and County Commercial, partially developed retail and office uses W: C, Commercial and E, Employment, mainly undeveloped The property was annexed into the City of Fort Collins as part of the 235 acre Galatia Annexation in 1990 and zoned HB, Highway Business, IP, Planned Industrial, and RLP, Low Density Planned Residential Districts. All of the zoning districts had a Planned Unit Development (PUD) zoning condition attached which required development proposals to be reviewed against the criteria of the Land Development Guidance System (LDGS) which was the City's PUD ordinance at the time. October 16, 2007 -3- Item No. 23 The review of land uses and zoning around the Prospect Road/1-25 interchange is based on: 1. City Council direction to staff indicating the Council's general preference for a higher level of "commercial" use for portions of the former Resource Recovery Farm property located in the southwest quadrant of the Prospect Road/1-25 interchange. Staff has concluded that rezoning 25 acres of the property, from C, Commercial and 118 acres from POL, Public Open Lands to E, Employment (for a total of 143 acres of E, Employment) would encourage new businesses and expansion of local businesses while preserving the area as an attractive community gateway, and would be in the best interests of the City. 2. Simultaneously, the City received a rezoning request from the owners of property in the northeast quadrant of the Prospect Road/1-25 interchange requesting a change in zoning of 86 acres of I, Industrial and 19 acres of UE, Urban Estate. Staff decided to review the land uses around the Prospect Road/I-25 interchange as a result of the rezoning requests from the City and the private property owners to determine what would be the best land use pattern for the area around the interchange for the City as a whole, independent of the specific rezoning requests. The amendments to the plans are related to the rezoning requests but are independent actions. If the amendments to the plans are approved, the rezoning requests are simply implementation actions to the plan amendments. The fundamental policy issue to be addressed in the rezoning request for the southwest comer is: should City Plan be amended and zonings changed to cover an area currently preserved as open space to an area that will permit the development of employment land uses in the SW quadrant of the Prospect Road/1-25 interchange? The fundamental policy issue to be addressed in the rezoning request for the northeast comer is: should City Plan be amended and zoning changed to allow for the development of a regional/community scale shopping center in the northeast quadrant of the Prospect Road/I-25 interchange? A regional/community shopping center in the northeast quadrant will help contribute tax revenues necessary to fund Prospect Road/1-25 interchange improvements and related infrastructure. Given the cost to improve infrastructure, development from all four quadrants around the interchange will need to contribute funding to improve the interchange. The rezoning requests need to be viewed independently from the City's Adequate Public Facilities (APF) requirements: All development plans for parcels impacting the Prospect Road/I-25 interchange must include a Transportation Impact Analysis (TIA). The TIA will determine whether traffic generated by the development will result in reduced level of service (LOS) at the interchange and the physical improvements that will need to be constructed to mitigate the impacts. In order to begin construction, developments must either build the needed improvements, or have funding appropriated that will cover improvement costs. In summary, the specific plan amendments for the southwest request involves changing 25 acres of commercial and 118 acres of open space designated land to create 143 acres of employment land in the southwest quadrant of the interchange. The specific plan amendments for the northeast quadrant of the interchange involve changing 86 acres of industrial to 66 acres of commercial and 20 acres of employment and changing 19 acres of urban estate to employment. October 16, 2007 -2- Item No. 23 The current Structure Plan designation for 86 of the 105 acres in the northeast is the Industrial District and the current I-25 Subarea Plan designation for the area is also Industrial District. The current Structure Plan designation for 19 of the 105 acres is the Urban Estate District and the current I-25 Subarea Plan designation for the area is also Urban Estate. The applicant proposes a Structure Plan amendment and amendments to the I-25 Subarea Plan to change the area into additional Commercial Corridor and Employment District designations with corresponding rezonings to the C, Commercial District and the E, Employment District. APPLICANT FOR REZONING OF THE SOUTHWEST CORNER: City of Fort Collins Department of Natural Resources City Planning and Community Development Department P.O. Box 580 Fort Collins, CO 80522-0580 OWNER OF PROPERTY INCLUDED IN THE SOUTHWEST CORNER REZONING: City of Fort Collins c/o Darin A. Attebeny, City Manager 300 LaPorte Avenue, City Hall West Fort Collins, CO 80521 APPLICANT FOR REZONING OF THE NORTHEAST CORNER: Land Acquisition and Management, LLC 7200 South Alton Way Suite B 150 Centennial, CO 80012 OWNER OF PROPERTY INCLUDED IN THE NORTHEAST CORNER REZONING: Same BACKGROUND Staff is recommending changes to the 1-25 Subarea Plan and the City Plan, Structure Plan map and the rezoning of 143 acres into the E, Employment District in the southwest and in the northeast, the rezoning of 86 acres into 66 acres of C, Commercial District and 20 acres of E, Employment District; and the rezoning of 19 acres from UE, Urban Estate District to the E, Employment District. The northeast corner rezonings would result in at total of 96 acres of C, Commercial zoned area (66 rezoned acres added to 30 acres of existing C zoning) and 39 acres of E, Employment zoning. The E, Employment zoned areas would provide a buffer between the 96 acres of Commercial zoning and residential areas to the north and east. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 23 DATE: October 16, 2007 STAFF: Ken Waldo Items Relating to the Prospect Road/I-25 Interchange Rezonings. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading and the Resolution. The Planning and Zoning Board voted 7-0 to recommend approval of the plan amendments and the requested rezonings. EXECUTIVE SUMMARY A. Resolution 2007-097 Amending the City Plan Structure Plan Map Pertaining to the Southwest Comer of Prospect Road and I-25. B. Resolution 2007-098 Amending the City Structure Plan Map Pertaining to the Northeast Comer of Prospect Road and I-25. C. Resolution 2007-099 Amending the I-25 Subarea Plan. D. First Reading of Ordinance No. 126, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classifications for That Certain Property Known as the Southwest Comer of East Prospect Road and I-25 Rezoning. E. First Reading of Ordinance No. 127, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classifications for that Certain Property Known as the Northeast Comer of East Prospect Road and I-25 Rezoning. This is a request to amend the 1-25 Subarea Plan and the City Plan Structure Plan map, and rezone 143 acres located at the southwest corner of East Prospect Road and Interstate 25 and rezone 105 acres located at the northeast comer of East Prospect Road and Interstate 25. The current Structure Plan designations for the 143 acres in the southwest are Commercial Corridor District, for a 25 acre parcel, and Open Lands, Parks and Stream Corridors, for a 118 acre parcel. The current 1-25 Subarea Plan designations are Commercial Corridor District and Proposed Open Space, with corresponding zoning district designations of 25 acres of C, Commercial and 118 acres of POL, Public Open Lands. The City proposes a Structure Plan amendment and amendments to the 1-25 Subarea Plan to change the area into the Employment District designation with a corresponding rezoning to the E, Employment District. Section 3. 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 16th day of October, A.D. 2007, and to be presented for final passage on the 6th day of November, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of November, A.D. 2007. ATTEST: City Clerk -4- Mayor SOUTHEAST CORNER OF SECTION 15 IS A FOUND REBAR WITH A 2.5" ALUMINUM CAP STAMPED "LS5028". THE SOUTH QUARTER CORNER IS A FOUND REBAR WITH A 2.5" ALUMINUM CAP STAMPED "LS 28295". COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 15 NORTH 89056'38" WEST 635.26 FEET; THENCE NORTH 00003'22" EAST, 1334.24 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00003'22" EAST, 1333.36 FEET; THENCE SOUTH 89035'57" EAST, 639.66 FEET; THENCE SOUTH 00008'25" WEST, 1331.29 FEET; THENCE NORTH 89047'03" WEST, 637.70 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 850922 SQ. FT. (19.534 ACRES) MORE OR LESS. Parcel "C" A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 68 WEST, 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; ALL BEARINGS CONTAINED HEREIN ARE BASED UPON THE FOLLOWING: THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 15 ASSUMING TO BEAR NORTH 89056'23" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE SOUTHEAST CORNER OF SECTION 15 IS A FOUND REBAR WITH A 2.5" ALUMINUM CAP STAMPED "LS5028". THE SOUTH QUARTER CORNER IS A FOUND REBAR WITH A 2.5" ALUMINUM CAP STAMPED "LS 28295". COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 15 NORTH 89056'38" WEST 635.26 FEET; THENCE NORTH 00003'22" EAST, 1867.60 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89035'57" WEST, 1100.00 FEET; THENCE NORTH 00003'22" EAST, 800.00 FEET; THENCE SOUTH 89035'57" EAST, 1100.00 FEET; THENCE SOUTH 00003'22" WEST, 800.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 879984 SQ. FT. (20.202 ACRES) MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above -described property is not included in the Residential Neighborhood Sign District. -3- ALUMINUM CAP STAMPED "LS5028". THE SOUTH QUARTER CORNER IS A FOUND REBAR WITH A 2.5" ALUMINUM CAP STAMPED "LS 28295". THE FOLLOWING DESCRIPTION CONTAINS AREAS THAT ARE OWNED BY GROUPS OTHER THAN LAAM., SPECIFICALLY THE PROSPECT ROW AND THE INLET CANAL ROW. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 15 NORTH 89056'38" WEST 635.26 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89056'38" WEST, 466.90 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 07000'10" EAST,191.80 FEET; THENCE NORTH 03030'59'.' EAST, 120.05 FEET; THENCE NORTH 13012'43" EAST, 84.97 FEET; THENCE NORTH 04034'18" EAST, 117.51 FEET; THENCE NORTH 30023'25" EAST, 95.23 FEET; THENCE NORTH 03035'32" WEST, 112.92 FEET; THENCE NORTH 39054'34" WEST, 66.61 FEET; THENCE NORTH 76016'30" WEST, 150.63 FEET; THENCE NORTH 84056'30" WEST, 552.56 FEET; THENCE NORTH 67049'30" WEST, 101.38 FEET; THENCE NORTH 54049'03" WEST, 895.34 FEET; THENCE NORTH 14023'52" WEST, 78.64 FEET; THENCE NORTH 00014'26" EAST, 1151.18 FEET; THENCE NORTH 09023'57" WEST, 59.72 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG SAID NORTHERLY LINE SOUTH 89035157" EAST, 858.54 FEET; THENCE SOUTH 00003'22" WEST, 800.00 FEET; THENCE SOUTH 89035'57" EAST, 1100.00 FEET; THENCE SOUTH 00003'22" WEST, 1867.60 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2840637 SQ. FT_ (65.212 ACRES) MORE OR LESS. Parcel "B" A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 68 WEST, 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; ALL BEARINGS CONTAINED HEREIN ARE BASED UPON THE FOLLOWING: THE SOUTH LINE OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 15 ASSUMING TO BEAR NORTH 89056'23" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE -2- ORDINANCE NO. 127, 2007 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 NORTHEAST CORNER OF EAST PROSPECT ROAD AND I-25 REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that said property should be rezoned as hereafter provided; and WHEREAS, the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations set forth in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Parcel A from "I", Indistrial Zone District, to "C", Commercial Zone District, Parcel B from "UE", Urban Estates Zone District, to "E", Employment Zone District, and Parcel C from the "P', Industrial Zone District to the "E" Employment Zone District for the following described property in the City known as the Northeast Corner of East Prospect Road and I-25 Rezoning: Parcel "A„ A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 68 WEST, 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; ALL BEARINGS CONTAINED HEREIN ARE BASED UPON THE FOLLOWING: THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1 /4) OF SECTION 15 ASSUMING TO BEAR NORTH 89056'23"WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE SOUTHEAST CORNER OF SECTION 15 IS A FOUND REBAR WITH A 2.5" Passed and adopted on final reading on the 6th day of November, A.D. 2007. ATTEST: City Clerk r C� Mayor Easement and Controlled Access Agreement described in Resolution 88-66 the following seven (7) courses and distances, (1) South 89 degrees 57 minutes 13 seconds West for a distance of 1059.64 feet; (2) North 36 degrees 10 minutes 43 seconds West for a distance of 117.93 feet; (3) North 17 degrees 41 minutes 20 seconds East for a distance of 404.31 feet; (4) along a curve to the left having a radius of 612.96 feet, a central angle of 40 degrees 05 minutes 20 seconds and an arc length of 428.88 feet, being subtended by a chord of North 02 degrees 21 minutes 20 seconds West for a distance of 420.18 feet; (5) North 22 degrees 24 minutes 00 seconds West for a distance of 110.41 feet; (6) along a curve to the right having a radius of 532.96 feet, a central angle of 14 degrees 20 minutes 52 seconds and an arc length of 133.46 feet, being subtended by a chord of North 15 degrees 13 minutes 34 seconds West for a distance of 133.11 feet; (7)non-tangent from the previous curve, North 44 degrees 22 minutes 29 seconds East for a distance of 98.70 feet to the point of beginning. The above described tract contains 24.932 acres more less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above -described property is not included in the Residential Neighborhood Sign District. Section 3. The City 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 16th day of October, A.D. 2007, and to be presented for final passage on the 6th day of November, A.D. 2007. ATTEST: City Clerk 511 Mayor The above described tract contains 117.545 Acres more less. Parcel "B„ A tract of land located in Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the Northeast quarter of Section 21 as bearing North 88 degrees 21 minutes 25 seconds West between a Brass Cap monument, L.S. 14823, at the northeast corner of the said Section 21 and a Aluminum Cap monument, L.S. 14823, at the north quarter comer of Section 21, based upon G.P.S. observation and the City of Fort Collins coordinate base, and with all bearing contained herein relative thereto; Commencing at the Northeast Corner of the said Section 21; THENCE along the north line of the said northeast quarter, North 88 degrees 21 minutes 25 seconds West for a distance of 1241.97 feet; THENCE South 01 degrees 38 minutes 35 seconds West for a distance of 30.00 feet to the northeast corner of the Easement and Controlled Access Agreement described in Resolution 88-66 and recorded June 13, 1988 at Reception No. 88026808 records of the Clerk and Recorder of the said Larimer County; THENCE along the easterly line of the said Easement and Controlled Access Agreement described in Resolution 88-66, South 44 degrees 22 minutes 29 seconds West for a distance of 37.44 feet to the south line of that certain tract of land described in a Quit Claim Deed recorded June 5, 2006 at Reception No. 20060041498 records of the said Clerk and Recorder, Parcel 10, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the south line of the said tract described at Reception No. 20060041498, South 88 degrees 21 minutes 25 seconds East for a distance of 340.24 feet (recorded as 339.85 feet) to the northerly line of that certain tract of land as described in a Warranty Deed recorded October 2, 1979 in Book 1992 at Page 0280 records of the said Clerk and Recorder; THENCE along the said northerly line and along the easterly line of the said tract described in Book 1992 at Page 0280 the following five (5) courses and distances, (1) South 61 degrees 41 minutes 15 seconds East for a distance of 41.53 feet; (2) North 89 degrees 36 minutes 16 seconds East for a distance of 327.82 feet; (3) South 36 degrees 48 minutes 56 seconds East for a distance of 80.95 feet; (4) South 17 degrees 44 minutes 53 seconds East for a distance of 789.49 feet; (5) South 06 degrees 05 minutes 24 seconds East for a distance of 358.54 feet to the northerly line of the said Easement and Controlled Access Agreement described in Resolution 88- 66; THENCE along the said northerly line and along the easterly line of the said -4- THENCE North 02 degrees 14 minutes 54 seconds West for a distance of 432.64 feet; THENCE North 00 degrees 39 minutes 47 seconds West for a distance of 512.69 feet; THENCE North 22 degrees 05 minutes 40 seconds West for a distance of 121.69 feet; THENCE North 02 degrees 47 minutes 24 seconds West for a distance of 129.58 feet; THENCE along a curve to the left having a radius of 157.27 feet, a central angle of 42 degrees 50 minutes 08 seconds and an arc length of 117.58 feet, being subtended by a chord of North 24 degrees 12 minutes 28 seconds West for a distance of 114.86 feet; THENCE North 45 degrees 37 minutes 32 seconds West for a distance of 71.28 feet; THENCE along a curve to the right having a radius of 330.34 feet, a central angle of 30 degrees 41 minutes 12 seconds and an arc length of 176.93 feet, being subtended by a chord of North 30 degrees 16 minutes 56 seconds West for a distance of 174.82 feet; THENCE North 14 degrees 56 minutes 20 seconds West for a distance of 100.27 feet; THENCE along a curve to the left having a radius of 289.75 feet, a central angle of 20 degrees 34 minutes 23 seconds and an are length of 104.04 feet, being subtended by a chord of North 25 degrees 13 minutes 31 seconds West for a distance of 103.48 feet; THENCE North 35 degrees 30 minutes 43 seconds West for a distance of 144.89 feet; THENCE along a curve to the right having a radius of 364.63 feet, a central angle of 37 degrees 10 minutes 11 seconds and an arc length of 236.55 feet, being subtended by a chord of North 16 degrees 55 minutes 37 seconds West for a distance of 232.42 feet; THENCE North 01 degrees 39 minutes 28 seconds East for a distance of 921.36 feet; THENCE along a curve to the right having a radius of 707.08 feet, a central angle of 17 degrees 07 minutes 56 seconds and an are length of 211.43 feet, being subtended by a chord of North 10 degrees 13 minutes 26 seconds East for a distance of 210.64 feet to the south line of Parcel No. 2 State of Colorado Project No. MC C 060-031 described at Reception No. 20050068449 records ofthe said Clerk and Recorder; THENCE along the said south line, non -tangent from the previous curve, North 89 degrees 57 minutes 11 seconds East for a distance of 6.45 feet to the southerly extension of the westerly line of the said Easement and Controlled Access Agreement described in Resolution 88-66, the southerly extension is also the easterly line of the said Parcel No. 2; THENCE along the said southerly extension and along the westerly line of the Easement and Controlled Access Agreement described in Resolution 88-66 the following five (5) courses and distances, (1) North 17 degrees 41 minutes 20 seconds East for a distance of 673.89 feet; (2) along a curve to the left having a radius of 532.96 feet, a central angle of 40 degrees 05 minutes 20 seconds and an arc length of 372.90 feet, being subtended by a chord of North 02 degrees 21 minutes 20 seconds West for a distance of 365.34 feet; (3) North 22 degrees 24 minutes 00 seconds West for a distance of 110.41 feet; (4) along a curve to the right having a radius of 612.96 feet, a central angle of 15 degrees 37 minutes 22 seconds and an arc length of 167.14 feet, being subtended by a chord of North 14 degrees 35 minutes 19 seconds West for a distance of 166.62 feet; (5) non -tangent from the previous curve, North 45 degrees 11 minutes 27 seconds West for a distance of 146.18 feet to the north line of the said Easement and Controlled Access Agreement described in Resolution 88-66; THENCE along the said north line, South 88 degrees 21 minutes 25 seconds East for a distance of 280.00 feet to the point of beginning. 519 Commencing at the Northeast Comer of the said Section 21; THENCE along the north line of the said northeast quarter, North 88 degrees 21 minutes 25 seconds West for a distance of 1241.97 feet; THENCE South 01 degrees 38 minutes 35 seconds West for a distance of 30.00 feet to the northeast corner of the Easement and Controlled Access Agreement described in Resolution 88-66 and recorded June 13, 1988 at Reception No. 88026808 records of the Clerk and Recorder of the said Larimer County, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the easterly and northerly line of the said Easement and Controlled Access Agreement, the following seven (7) courses and distances, (1) South 44 degrees 22 minutes 29 seconds West for a distance of 136.14 feet; (2) along a non -tangent curve to the left having a radius of 532.96 feet, a central angle of 14 degrees 20 minutes 52 seconds and an arc length of 133.46 feet, being subtended by a chord of South 15 degrees 13 minutes 34 seconds East for a distance of 133.11 feet; (3) South 22 degrees 24 minutes 00 seconds East for a distance of 110.41 feet; (4) along a curve to the right having a radius of 612.96 feet, a central angle of40 degrees 05 minutes 20 seconds and an arc length of 428.88 feet, being subtended by a chord of South 02 degrees 21 minutes 20 seconds East for a distance of 420.18 feet; (5) South 17 degrees 41 minutes 20 seconds West for a distance of 404.31 feet; (6) South 36 degrees 10 minutes 43 seconds East for a distance of 117.93 feet; (7) North 89 degrees 57 minutes 13 seconds East for a distance of 1059.64 feet to the easterly line of that certain tract of land described in a Warranty Deed recorded October 2, 1979 in Book 1992 at Page 0280 records of the said Clerk and Recorder; THENCE along the said easterly line the following seven (7) courses and distances, (1) South 06 degrees 05 minutes 24 seconds East for a distance of 345.66 feet; (2) South 00 degrees 11 minutes 08 seconds West for a distance of 53.90 feet; (3) along a non - tangent curve to the left having a radius of 11583.00. feet, a central angle of 06 degrees 33 minutes 06 seconds and an arc length of 1324.49 feet, being subtended by a chord of South 03 degrees 07 minutes 19 seconds East for a distance of 1323.77 feet; (4) non -tangent from the previous curve, South 06 degrees 05 minutes 36 seconds West for a distance of 417.50 feet; (5) along a non -tangent curve to the left having a radius of 11680.00 feet, a central angle of 03 degrees 00 minutes 01 seconds and an arc length of 611.62 feet, being subtended by a chord of South 09 degrees 52 minutes 54 seconds East for a distance of 611.55 feet; (6) South 25 degrees 25 minutes 54 seconds East for a distance of 425.50 feet; (7) South 12 degrees 38 minutes 54 seconds East for a distance of 968.97 feet to the south line of the tract described in the said Book 1992 at Page 0280; THENCE along the said south line, North 89 degrees 59 minutes 50 seconds West for a distance of 344.37 feet to the southeast corner of the said Section 21; THENCE along the south line of the southeast quarter of the said Section 21, North 88 degrees 44 minutes 39 seconds West for a distance of 713.83 feet; THENCE leaving the said south line, North 29 degrees 50 minutes 26 seconds West for a distance of 653.27 feet; THENCE along a curve to the right having a radius of 424.29 feet, a central angle of 27 degrees 35 minutes 32 seconds and an arc length of 204.33 feet, being subtended by a chord of North 16 degrees 02 minutes 40 seconds West for a distance of 202.36 feet; -2- ORDINANCE NO. 126, 2007 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 SOUTHWEST CORNER OF EAST PROSPECT ROAD AND 1-25 REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that said property should be rezoned as hereafter provided; and WHEREAS, the Council has finther determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations set forth in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Parcel A from "POL", Public Open Lands Zone District, to "E", Employment Zone District, and Parcel B from "C", Commercial Zone District, to "E", Employment Zone District for the following described property in the City known as the Southwest Corner of East Prospect Road and I-25 Rezoning: Parcel "A" A tract of land located in Sections 21 and 22, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the Northeast quarter of Section 21 as bearing North 88 degrees 21 minutes 25 seconds West between a Brass Cap monument, L.S. 14823, at the northeast comer of the said Section 21 and a Aluminum Cap monument, L.S. 14823, at the north quarter comer of Section 21, based upon G.P.S. observation and the City of Fort Collins coordinate base, and with all bearing contained herein relative thereto; Existing Statements, Policies Maps Amendments Ekietions Additions E, Employment zoning the NE quadrant of the Prospect/I-25 interchange adjacent to the highway. Page 41 Policy I-25-NOL-1.2 The City will explore the possibility of converting the Resource Recovery Farm converting, the Resource Recovery Fwn property, located at Prospect Road and 1-25, for use as open sace. PloFetty, i0C3tCd St pospect ftad mid 125, Use as opeal ap2t=. Page 44 8.2 Implementation Strategies Natural Areas and Open lands Resource Recovery Farm Property — Pursue the acquisition of this site as City - owned open space. the acquisition of tfris site as eity-owned open -3- Existing Amendments Q4atom fe Pnlinire Manc I Beltti0'rys Additions Page 26 Fort Collins I-25 Subarea Plan — Land Use Plan Existing map. Page 26 Fort Collins I-25 Subarea Plan — Zoning Plan Existing map. The map will be amended to delete 25 acres of Commercial Corridor designated land and 118 acres of Proposed Open Space land to show about 143 acres of Employment District land located in the SW quadrant of the Prospect/1- 25 interchange adjacent to the highway. Also, the Activity Centers boundary currently around the Commercial Corridor designated land in the SW quadrant will be eliminated. The map will also be amended to delete 86 acres of Industrial designated land and 19 acres of Urban Estate land in the NE quadrant and to show about 66 acres of additional Commercial land and 20 acres of Employment land in the NE quadrant of the Prospect/1-25 interchange. Also, the Activity Centers boundary around the Commercial Corridor designated land in the NE quadrant will be expanded to cover all 96 acres of commercial designated land. The map will be amended to delete 25 acres of C, Commercial zoning and 118 acres of POL, Public Open Lands zoning to show about 143 acres of E, Employment zoning in the SW quadrant of the Prospect/1-25 interchange adjacent to the highway. The map will be amended to delete 86 acres of I, Industrial zoning and 19 acres of Urban Estate zoning to show about 66 additional acres of C, Commercial zoning and 20 acres of -2- EXHIBIT "A" Existing I Amendments Statements. Policies_ Mans Deletions Additions Page vi Executive Summary: Two activity centers are identified for the subarea, one at the I-25/Mulberry Street interchange and the other at the I-25/Prospect Road interchange. The northeast quadrant of the I-25/Mulberry Street interchange is also planned for the potential location of a regional/community shopping center. Page vi The City's Resource Recovery Farm is to be preserved as open lands. Page 21 5.2 Land Use Plan Objectives Designation of Activity Centers. This plan designates activity centers along I-25 at the Prospect Road and Mulberry Street interchanges. These centers are intended to evolve into concentrated areas of mixed -use development with high visibility, increased levels of activity, and more integrated appearances. In addition, the northeast quadrant of the I-25/Mulberry interchange is planned as a potential location for a regional/community shopping center. Two activity centers are identified for in the subarea for the potential location of regional/community shopping centers, one at the 1-25/Mulberry Street interchange and the other at the I-25/Prospect Road interchange. patential location of atcgionab'community The western portion of the City's former Resource Recovery Farm is to be preserved as open lands, however, the eastern portion should be placed into an Employment District to allow the property to be developed for economic development purposes in a manner that preserves an aesthetically pleasing viewshed from 1-25 as well as protects adjoining areas with high natural resource values. Designation of Activity Centers. This plan designates activity centers along I-25 at the Prospect Road and Mulberry Street interchanges. These centers are intended to evolve into concentrated areas of mixed -use development with high visibility, increased levels of activity, and more integrated appearances. fit addition, 1he no, *east p1mmed as a. and also the potential locations centers. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2007. Mayor ATTEST: City Clerk RESOLUTION 2007-099 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE I-25 SUBAREA PLAN WHEREAS, the City has received an application to rezone certain property located at the southwest comer of East Prospect Road and Interstate Highway 25; and WHEREAS, the City has received an application to rezone certain property located at the northeast corner of East Prospect Road and Interstate Highway 25; and WHEREAS, the aforesaid rezoning applications, which are known as the "Southwest Comer of East Prospect and I-25" rezoning and the "Northeast Corner of East Prospect and I-25" rezoning would result in zoning changes to the lands located therein which necessitate not only the amendment of the City's Structure Plan Map but also the amendment of the I-25 Subarea Plan; and WHEREAS, pursuant to resolutions heretofore adopted amending the City's Structure Plan Map, the proposed rezonings would now comply with the land uses as set out on the City's Structure Plan Map; and WHEREAS, the Council has also determined that the proposed rezonings are in the best interests of the citizens of the City and that the 1-25 Subarea Plan should be amended to correspond with the changes heretofore made by the City Council amending the City's Structure Plan Map so that, with respect to the southwest quadrant of the intersection of Prospect Road and I-25, the Employment District designation is supported and that with respect to the northeast quadrant of Prospect Road and I-25, the Commercial and Employment Districts are supported. 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 I-25 Subarea Plan is in need of the amendment requested by the applicant for the Southwest Corner of East Prospect and 1-25 rezoning. Section 2. That the City Council finds that the I-25 Subarea Plan is in need of the amendment requested by the applicant for the Northeast Corner of East Prospect and I-25 rezoning. Section 3. That the City Council finds that the proposed amendments to the I-25 Subarea Plan will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 4. That the I-25 Subarea Plan is hereby amended as shown on Exhibit "A" attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS STRUCTURE PLAN Wallin ton _'___'_'_'-' '1 __ CR 5e. __- m, •�1 ,,,.,a _ Is inCollin$ - a u _-_Ji ,t �- - CR 56 eror � 1 La rte augla , 71`. �\aaaal BeINu ' I _ •• - MV!sla - -- - -- O r Csu 1R��Vlbe r r Campus -, GMA Expansion- Ama Yl .Mulberry ... - v SH,16 Lary D\ •. State — -, _ Y Park -- - �Pmspeal- —J _ , uu W E T `'el jr Dra Fort Callins- Ti Timnelb Horsetooth Separamr Mountain __ —_ _�. -"_� ram- i'1^semom •y _ Park -41 rr n W Timnath I � 1i °,�ny I I M1 F Wlldflowe _ }Ex rea r-in!ov "l . Capenler--SH-392 Fon Collin - 11 L—J Loveland . separator _ , a C �' nds Vp CR'30 _- L Loveland Ail 0 05 1 Bound niee Diatricte 0 M!9iiiiae Mb 92FM CaGxa GMA ''99/e IfDomnto. Drstxt �IntrleMa Dlaxe �O CoMtlon if Community Seawater N Ephamed Trral Came,Rmall �vpMnea GMa Eapxaron commva,n cammxoa orcmn Neiahboellooda Foomna � voutre Rna Capper �a 100llxr Cal Gai y_ Commercial Comers District �? Eabn dF �I � Runl Cantle voutrs RNx RenninpMea ~e �NeranaorMoa Cammemx Carrier GIAw OanM MdadLaa Gpan Labe Pab, 'L �AplaraltRmnmd Ares �Cemp,a Dame, 9bexn Cxntlxs as Mabum owners, Adapted /�/Gry Limns Employment Dana 0cfal 16. 2007 Passed and adopted at a regular meeting of the City Council held this l 6th day of October, A. D. 2007. Mayor ATTEST: City Clerk RESOLUTION 2007-098 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP PERTAINING TO THE NORTHEAST CORNER OF PROSPECT ROAD AND I-25 WHEREAS, the City has received an application to rezone certain property located at the northeast corner of East Prospect Road and Interstate Highway 25; and WHEREAS, under the rezoning application, known as the "Northeast Corner of East Prospect and I-25 Rezoning," such property would be rezoned as follows: Parcel A would be rezoned from the Industrial CT') Zone District to the Commercial ("C") Zone District; Parcel B would be rezoned from the Urban Estate ("UE") Zone District to the Employment ("E") Zone District; and Parcel C would be rezoned from the Industrial ("r') Zone District to the Employment ("E") Zone District; and WHEREAS, the Council finds that, while the proposed Northeast Comer of East Prospect and I-25 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 Council has determined that the proposed Northeast Comer of East Prospect and I-25 Rezoning is in the best interests of the citizens of the City; and WHEREAS, the 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 Northeast Comer of East Prospect and I-25 Rezoning. Section 2. That the City Council fords 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. 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. ® CITY OF FORT COLLINS STRUCTURE PLAN r r i f Wellington - — - — - — - — CR-,e------- — F rt Collins - _1�- 911L1pton--GR50— I eparamr o La Porte pugla _ — I I eR seR-5AC s � � _ � , add i \ Country.Cmb._- -_ � E �Mount.nm Vista --- - t U I� E CStI M r Foolhillz Campus r t GMA ._ Expansion Ama ... t vumer. Lory State Park wu -\ t�l l - • Prospect - _ _. _ nA cau o� a FaRC Ilins-- ... ✓:. ^�� llm tll \ q Horsetooth:j Sepator Mountain - - _-_ Horsetootn • - -' —__ Park TiriHnath -H" any n wlli lows- L `! ea 1 - _ l:ar enter --—SH-J92 Fort Collin - I os Loveland Separamr` Vi Lov land 0 C5 aquindade Diliets Wes FW Carns GMA PMeneaIGMA Erpseian �ahOr Co, CURIAdCommerajal Rnnmp Area �a dr Downtown D., �Cammumry Commsaal Oiemct Comdv DrsOrtr Nnohoomood Commercial Comer � IndamY Di NelOhbOd100da Wben Estate ism, DaneM Mtted-llse 9fto dF Commui Sepnator Foci G Rural W� Comden N Enhnaed Trerel ComdartTrnwtl Poube Rion Cori dp Pita" RNv Open Leda Pab. A tHnnn$ �4ean o afCamos 0'. �Medlumsenady MIve6Ge 6Veem Cannon Adi ^/ Gtv ... dF Empinrmnt Dever Oci 16.2007 Passed and adopted at a regular meeting of the City Council held this 16th day of October, A. D. 2007. Mayor ATTEST: City Clerk RESOLUTION 2007-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP PERTAINING TO THE SOUTHWEST CORNER OF PROSPECT ROAD AND I-25 WHEREAS, the City has received an application to rezone certain property located at the southwest comer of East Prospect Road and Interstate Highway 25; and WHEREAS, under the rezoning application, known as the "Southwest Corner of East Prospect and I-25 Rezoning," such property would be rezoned as follows: Parcel A would be rezoned from the Public Open Lands ("POL" ) Zone District to the Employment ("E") Zone District and Parcel B would be rezoned from the Commercial ("C") Zone District to the Employment ("E") Zone District; and WHEREAS, the Council finds that, while the proposed Southwest Corner of East Prospect and I-25 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 Council has determined that the proposed Southwest Corner of East Prospect and I-25 Rezoning is in the best interests of the citizens of the City; and WHEREAS, the 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 Southwest Corner of East Prospect and I-25 Rezoning. Section 2. That the City Council finds 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. 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. 0 NE Corner Rezoning SW Corner Rezoning Planning & Zoning Board September 20, 2007 DRA l: Page 10 Member Schmidt made a motion to approve rezoning of 25.17 acres of Commercial (C) and 118.1T acres of Public Open Lands (POL) to Employment (E) on the southwest corner of East Prospect and 1-25, # 04-04A. Member Smith seconded the motion. Motion was approved 7-0. Member Schmidt asked if staff was comfortable with the reduction of I -Industrial land inventory. Staffmember Waido responded yes. Northeast Corner of East Prospect Road and 1-25 Member Schmidt made a motion to approve changes to the 1-25 Subarea Plan based on the matrix found on pages 13-16 of the staff report. Member Smith seconded the motion. Motion was approved 7-0. Member Schmidt made a motion to approve changes to the Structure Plan Map on the northeast corner of East Prospect and 1-25. Member Rollins seconded the motion. Motion was approved 7-0. Member Schmidt wanted to thank the applicant for taking the time to meet with the neighbors to consider their concems and for working with affected interests on the water issues and creek mitigation. Member Schmidt made a motion to approve rezoning of the northeast corner of East Prospect and 1-25 as listed on page 19 of the staff report. Member Wetzler seconded the motion. Motion was approved 7-0. Other Business: None. Meeting adjourned at 12:00 a.m. Cameron Gloss, Director David Lingle, Chair Planning &Zoning Board DRAFT September 20, 2007 . Page 9 former City Engineer Don Bachman, Cache la Poudre Irrigation Company, Poudre Valley School District and a local developer, they developed a cross section profile of future Prospect ROW which is in use today. Greeley Water Extension & Transmission Project (GWET) GWET is a 60" diameter waterline delivering water from their pre-treatment plant NW of Fort Collins to Greeley. In its nominal configuration, the bottom of the pipeline is to be placed on top of approximately 2 feet of gravel and covered with at least 60" of soil making the total depth of their pipeline excavation and backfill approximately 12 feet. The 2007 segment of this project included a crossing of Prospect Road at. McLaughlin Lane, a crossing of 1-25 at a location north of Prospect and completion to a point in the vicinity of the Fort Collins Airpark. The 1-25 crossing is particularly complicated since three irrigation company canal crossings, the Boxelder Creek crossing, a Boxelder Sanitation District sewer line crossing as well as various other utility crossings are located in close proximity to one another. The White's facilitated several public/private meetings with representatives from Greeley, Timnath, Boxelder Alliance, City Transportation/Engineering and Stormwater Departments, the Poudre Valley School District, Boxelder Sanitation District, CDOT, a group of affected landowners, and others to discuss details of the project. They worked closely with Poudre Valley School District personnel regarding crossing of the GWET project across the District's and White's properties. Public Input None Member Schmidt noted on the SW side employment zoning is proposed rather than commercial because of the buffering needed for the Boxelder Ditch. On the other side of the interchange it appears there would be more commercial. Staffinember Waido replied yes, with the loss of commercial on the west side, they looked to the east for increased commercial zoning. That came after working with stakeholders who agreed that commercial with employment buffering would be preferred. Member Schmidt asked it this would not continue to be an activity center? Waido responded we would also amend our activity center boundary to coincide with the outside periphery of the commercial zone. There would need to be a commercial mass to produce the revenue needed to improve the infrastructure (including funding for the interchange.) Member Schmidt said she is in support of the changes, the main reason being the changes driven by the Town of Timnath. With the increase in the intensity of use, it would be an appropriate thing to provide services in the interchange area —connect the whole region with good land use patterns. Southwest Corner of East Prospect Road and 1-25 Member Schmidt made a motion to approve changes to the 1-25 Subarea Plan based on the matrix found on pages 8-12 of the staff report. Member Campana seconded the motion. Motion was approved 7-0. Member Schmidt made a motion to approve changes to the Structure Plan Map on the southwest corner of East Prospect and 1.25. Member Campana seconded the motion. Motion was approved 7-0. Planning & Zoning Board DRAFT September 20, 2007 Page 8 Stokes provided the following background information. The Natural Resources Department's Natural Areas Program completed purchase of the Resource Recovery Farm (RRF) as a scenic and open lands buffer in 2003. At the time of purchase, the eastern portion of the RRF was not described as an area of interest to the Natural Areas Program in the Natural Areas Policy Plan, nor the various community separator plans adopted by the City. Because the eastern portion was not shown in these plans, and because it has low natural resource values, Natural Areas Program staff embarked on a planning process to help guide the property's ultimate management and disposition status. In August of 2005, the Natural Resources staff shared a series of options for the RRF property with the City Council and requested policy direction. The City Council indicated its general preference for a higher level of "commercial" use for the property. Based on Council's perspective, the Natural Resources Department staff concludes that rezoning a substantial portion of the property (118 acres) from POL, Public Open Lands to E, Employment would be in the best interests of the City They are retaining a buffer around Boxelder Creek. The rezoning would allow the property to be used for economic development purposes. At the same time, it would allow the property to be developed in a manner that preserves aesthetically pleasing views from 1-25 as well as protects adjoining areas with high natural values (namely Box Elder Creek and the Running Deer Natural Area). The rezoning excludes Boxelder Creek, it will remain zoned POL. Wendi Birchler of Norris Design, representing the property owners (Rick & Dave White) reported they have been very involved is a series of planning related studies/projects for the interchange, the surrounding area, and along the 1-25 corridor. Listed below is a summary of their involvement: Boxelder Creek Regional Storm water Alliance. They've served from the inception of the Boxelder Alliance until present as the representative for a group of private property owners including landowners, the City, Town of Wellington, Larimer County, and the Colorado Water Conservation Board, who equally funded the storm water master plan. The Whites attended North 1-25 Environmental Impact Study Technical Advisory Committee meetings. They've organized group of landowners in the neighborhood of 1-25/Prospect and advised them of interchange issues. They met regularly with City Transportation staff as well as CDOT and consultants on the North 1-25 EIS project. With City Transportation staff and other property owners, they've influenced the proposed alignment and details of the Prospect/1-25 interchange to the advantage of the City. They facilitated meetings between North 1-25 EIS and Boxelder Creek Storm water Alliance to resolve mutual issues. They researched and resolved historic preservation issues with the North 1-25 EIS team. Prospect Road Improvements. The Smiths organized a group of local property owners concerned about issues pertaining to future Prospect Road improvements. They coordinated regularly with City Transportation and Engineering staff. They facilitated series of public/private meetings with the City, Town of Timnath Engineer, and local property owners to address future improvements to Prospect before they became problems. These issues included : Boxelder Creek crossing of Prospect west of 1-25, Greeley Water Extension & Transmission Project (GWET) crossing of Prospect, Boxelder Sanitation District sewer crossing of Prospect at McLaughlin Lane, Relocation of the Timnath Inlet canal to allow future widening of Prospect, Prospect / County Road 5 intersection issues, Boxelder Creek stormwater overflow canal crossing of Prospect (the Grand Canal). With the Town of Timnath, Planning & Zoning Board DRAFT September 20, 2007 Page 7 was planned for the potential location of a regional/community shopping center. The NE quadrant of the Prospect interchange was designated as a mix use activity center with commercial, industrial, and residential uses. • Employment and industrial districts adjacent to 1-25 are to be designed in a manner as to maintain a perception of openness through the corridor. • Secondary uses (retail and highway -oriented commercial uses) typically permitted in employmentrindustrial districts will be required to be set back at least'/. mile from 1-25 to avoid a commercial strip appearance along 1-25. • Detached single-family residential development is prohibited within '/< mile of I-25. • Low density, mixed -use neighborhoods are to be concentrated within Yz mile of Mulberry Street. • The balance of areas planned for residential development were to be urban estate developments. • The City's Resource Recovery Farm is to be preserved as open space. • The subarea eventually would be served with multi -modal transportation options. A supplemental street system will facilitate movement within the subarea, thus, diminishing the need to utilize I-25 for short trips. • Most undeveloped land within the subarea is expected to annex prior to development. Regulations contained in the Land Use Code both applicable to the 1-25 corridor and more generally throughout the community are intended to have employmentrindustrial districts designed in a manner to maintain openness through the use of: setback requirements, maximum building frontage allowances, restricting building heights, and proper management of floodplains. Minimum building setback requirements are 205 feet from the centerline of 1-25. Maximum building frontage allowance is 50% at the 80 foot minimum setback from the property line, which can be expanded to 60% at an increased setback of 120 feet. Building heights are restricted to 40 feet within 600 feet from the property line adjoining 1-25. The Prospect interchange represents a key community gateway, combining a balance of economic development and open space preservation. It is logical the interchange maximize the ability for the development of a mix of commercial and employment uses. Changes in the surrounding neighborhood warrant consideration. Land use plans by other jurisdictions are changing the character of areas east of 1-25 from the rural, low -density residential, areas to more intense urban uses. Interchanges are desirable sites for regional serving retail uses. Competition for sales tax dollars is different in 2007. The City's development standards will require adequate public utilities and infrastructure to be in place to assure an orderly development pattern. Prospect interchange will not be funded by CDOT or FHWA. Local revenue sources must be found for interchange improvements. Staff is recommending changes to the 1-25 Subarea Plan and the City Plan, Structure Plan map and the following rezoning: • 143.34 acres located in the southwest comer of East Prospect Road & Interstate 25 into the E, Employment District. • In the northeast of 86 acres of I, Industrial to 66 acres of C, Commercial and 20 E, Employment and approval of rezoning 19 acres from UE, Urban Estate to E, Employment to create a 39 acre E zoned buffer between the C, Commercial zoned area (a total of 96 acres) and residential areas to the north and east. Chair Lingle asked Natural Resources Director John Stokes to outline the natural resource value of that land. Member Schmidt also asked if there would be enough buffering of the Boxelder Creek. Planning & Zoning Board DRAFT September 20, 2007 Page 6 all development must either build the improvement or have funding appropriated that will cover improvement costs. The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the Land Use Code. Section 2.9.4 (H) (2) indicates the following: Mandatory Requirements for Quasi -Judicial 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 Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Section 2.9.4 (H) (3) of the Land Use Code indicates the following: Additional Considerations for Quasi -Judicial Rezoning$. 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: (a) whether and the extent to which the proposed amendment is compatible zone a isti�c g and proposed uses surrounding the subject land, and is the appropriate for the land; (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 natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Interstate 25 Subarea Plan Concurrent with the development of the 1-25 Subarea Plan, was a multi -jurisdictional cooperative planning effort to develop the Northem Colorado Regional Communities 1-25 Corridor Plan. The planning boundaries of the two efforts overlapped. The regional plan studied the 1-25 corridor from County Road 52 on the north to an area south of the Town of Berthod, while the subarea plan studied the area from County Road 52 to County Road 32 (Carpenter Road). The most significant difference between the two plans is that the subarea plan (adopted in November 2001) dealt with land uses in more detail than the regional plan. The regional plan was based on existing land use plans of the participating jurisdictions. The regional plan focused on developing a set of design standards, a transportation element, and open lands/natural areas policies. In 2003, the City adopted the 1-25 Subarea Plan as an element of City Plan. The key points, conclusions, and policies of the 1-25 Subarea Plan are summarized as follows: The 1-25 Subarea Plan mainly deals with the area located east of 1-25 from around the Prospect Road interchange on the south to County Road 52 on the north, and County Road 5 on the east. No change in the City's GMA boundary was proposed. Two activity centers were identified: one at the Mulberry Street interchange and the Other at the Prospect Road interchange. The NE quadrant of the Mulberry interchange Planning &Zoning Board DRAFT September 20, 2007 Page 5 Hearing Testimony Written Comments and Other Evidence Chief Planner Ken Waido reported staff is recommending changes to the 1-25 Subarea Plan and the City Plan, Structure Plan map and the rezoning of 143.34 acres located in the southwest comer of East Prospect Road & Interstate 25 into the E, Employment District. In the northeast corner, staff is recommending approval of the amendments to the 1-25 Subarea Plan and the City Plan Structure Plan map and the rezoning of 86 acres of I, Industrial to 66 acres of C, Commercial and 20 E, Employment and approval of rezoning 19 acres from UE, Urban Estate to E, Employment to create a 39 acre E zoned buffer between the C, Commercial zoned area (a total of 96 acres) and residential areas to the north and east. The review of land uses and zoning around the Prospect Road/1-25 interchanged is based on: 1. City Council direction indicating the Council's general preference for a higher level of "commercial" use for portions of the former Resource Recovery Farm property located in the SW quadrant of the Prospect Road/1-25 interchange. Staff has concluded that rezoning a substantial portion of the property, 25 acres from C, Commercial and 118 acres from POL, Public Open Lands to E, Employment (for a total of 143 acres of E, Employment) would encourage new businesses and expansion of local businesses while preserving the area as an attractive community gateway and would be in the best interests of the City. 2. Simultaneously, the City received a rezoning request from the owners of property in the NE quadrant of the Prospect Road/1-25 interchange requesting a change in zoning of 86 acres of I, Industrial. Staff decided to review the land uses around the interchange as a result of the rezoning requests from the City and the private property owner to determine what would be the best land use pattern for the area around the interchange for the City as a whole, independent of the specific rezoning requests. The amendments to the plans are related to the rezoning requests but are independent actions. if the amendments to the plans are approved, the rezoning requests are simply implementation actions to the plan amendments. The fundamental policy issue to be addressed in the southwest rezoning request is should City plans be amended and zonings changed to covert an area currently preserved as open space to an area that will permit the development of employment land uses in the SW quadrant of the Prospect Road/1- 25 interchange? The fundamental policy issue to be addressed in this northeast rezoning request is should City plans be amended and zoning changed to allow for the development of a regional/community scale shopping center in the NE quadrant of the Prospect Road/1-25 interchange? A regional/community shopping center in the NE quadrant will help contribute tax revenues necessary to fund Prospect Road/1-25 interchange improvements and related infrastructure. Given the high infrastructure cost to development from all four quadrants around the interchange, this property will need to contribute funding to improve the interchange. The rezoning needs to be viewed independently from the City's Adequate Public Facilities (APF) requirements: All development plans for parcels impacting the Prospect interchange must include a Transportation Impact Analysis (TIA). The TIA will determine whether traffic generated by the development will result in reduced level of service (LOS) at the interchange and the physical improvements that will need to be constructed to mitigate the impacts. In order to begin construction, Planning & Zoning Board September 20, 2007 Page 4 DRAFT Meeting to continue oast 11 o.m. Member Wetzler made a motion to continue the meeting until all time -sensitive agenda items were completed. Member Schmidt seconded the motion. Motion was approved 7-0. The following two projects were considered together Project: Southwest Corner of East Prospect and 1-25 Rezoning and Plan Amendments, # 4-04A Project Description: SW —This is a request to amend the 1-25 Subarea Plan and the City Plan Structure Plan map, and rezone property located at the southwest corner of East Prospect Road and Interstate 25. The plan amendments and the rezoning will change commercial and open space lands to an employment district designation. Recommendation: Approval of the amendments to the 1-25 Subarea Plan and the City Plan Structure Plan map and the rezoning of 25.17 acres of Commercial (C) and 118.17 acres of Public Open Lands (POL) to Employment (E). Project: Northeast Corner of East Prospect Road and 1.25 Rezoning and Plan Amendments, # 16-07 Project Description: This is a request to amend the 1-25 Subarea Plan and the City Plan Structure Plan map, and rezone property located at the northeast corner of East Prospect Road and Interstate 25. The plan amendments and the rezoning will change industrial and urban estate space lands to commercial and employment district designations. Recommendation: Approval of the amendments to the 1-25 Subarea Plan and the City Plan Structure Plan map and the rezoning of 86 acres of I, Industrial to 66 acres of C, Commercial and 20 E, Employment and approval of rezoning 19 acres from UE, Urban Estate to E, Employment to create a 39 acre E zoned buffer between the C, Commercial zoned area (a total of 96 acres) and residential areas to the north and east. ATTACHMENT 3 Chairperson Lingle called the meeting to order at 6:01 p.m. Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, Stockover, Wetzler Staff Present: Gloss, Eckman; Shepard, Stanford, Waido, Stokes, and Sanchez -Sprague Agenda Review. Director Gloss reviewed the Consent and Discussion Agendas. Of special note — Item # 4, Poudre Valley Hospital Parking Structure and Medical Office Building Project Development Plan, #14-07 is continued from the August meeting. Also, staff recommends Item # 7, East Skyway Rezoning and Structure Plan Amendment, #19-07 be continued until the October 18, 2007 meeting. Citizen participation: None Chair Lingle ask members of the audience or the Board if they wanted to pull any items off the consent agenda. A member of the audience asked that Old Oak Estates Annexation and Zoning, #25-07 be removed from the Consent Agenda. Consent Agenda: 1. Minutes from the August 16, 2007 Planning and Zoning Board Hearing 2. Collinwood North Major Amendment, # 24-07 Zoning, # 21-07 Discussion Items: 3. Old Oak Estates Annexation and Zoning, #25-07 4. Poudre Valley Hospital Parking Structure and Medical Office Building Project Development Plan, #14-07 5. Southwest Corner of East Prospect Road and 1-25 Rezoning and Plan Amendments 6. Northeast Comer of East Prospect Road and 1-25 Rezoning and Plan Amendments Member Schmidt moved for the approval of the Consent Agenda, which Includes Minutes from the August 16, 2007 Planning and Zoning Board Hearing and Collinwood North Major Amendment, # 24-07 Zoning, # 21-07. Member Campana seconded the motion. Motion was approved 7-0.