HomeMy WebLinkAboutEAST MULBERRY CORRIDOR PLAN REZONE - 11-03 - REPORTS - FIRST READING{
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Memo
To: City Council Members
From: Georgiana Deines, Administrative Support Supervisor
Date: 04/15/03
Re: Brief Summary of P & Z Recommendation on East Mulberry Corridor Plan Rezoning
On April 10, 2003 The Planning and Zoning Board recommended 3-1, with Member Craig voting in the
negative to recommend approval of the requested rezoning to E, Employment (1.79 acres and 6.47
acres) and recommend approval MMN, Medium Density Mixed Use Neighborhood for the Webster
property (15.79 acres). The Board also recommended that the East Mulberry Corridor Plan and the
Structure Plan Map be amended. Chairperson Torgerson offered a friendly amendment that there be a
deed restriction that all purchasers of the property be informed that an airport is nearby and is expected
to continue operation and noise maybe an issue. Member Meyer accepted the friendly amendment.
Member's Gavaldon and Carpenter were absent and Member Bemth had resigned as of 3/31/03.
Planner Wray explained that this item was previously continued from the March 6'" Hearing. He
provided a recap of the presentation and issues that were discussed previously.
• This is an attempt to bring our zoning map consistent with the adopted East Mulberry Corridor Plan
and the amended City Structure Plan which were adopted in September of 2002.
• The recommendation that came out of the East Mulberry Corridor Plan shows Employment for
three parcels on the northeast corner of Lincoln and Lemay. The original zoning was Industrial.
• Staff was presented last spring during the East Mulberry process a proposal to request a different
zoning on the middle parcel owned by the Webster's to MMN, Medium Density Mixed Use
Neighborhood.
• The East Mulberry Plan did show future Medium Density Mixed Use Neighborhoods over in the
Greenfield Court intersection of East Mulberry.
• Staff discussed this proposal with different departments, with staff, Growth Management
Committee, the Citizen Advisory Committee for East Mulberry, City Council and the Planning and
Zoning Board and did not receive enough support to warrant the change to MMN. It was not
consistent with City Plan and staff felt that it was adding more residential near to the airport than
was felt appropriate.
Public Input
Jim Webster, 705 Curtly Road, Lusk Wyoming stated that he was there in protest of the City of Fort
Collins changing the zoning on his property to E, Employment. He requested that the zoning on his
property be changed to MMN, Medium Density Mixed Use Neighborhood. He has a good solid
9 Page 1
City of Fort Collins
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3. The proposed rezoning does not appear to potentially result in adverse impacts on the
natural environment.
4. The proposed rezoning would not result in a logical and orderly pattern.
Is the request consistent with the City's Comprehensive Plan?
No, for the reasons explained above in the evaluation of the Structure Plan Amendment.
Have conditions changed in the neighborhood to warrant the rezoning?
The representative of the property owner contends that recent development of the
Mulberry & lemay Crossing Center and adjacent Buffalo Run Apartments represent
changed conditions warranting revised land use designations for higher density housing.
Staff disagrees with the contention that these are changed conditions that create a need to
change the zoning. For the reasons mentioned above in the evaluation of the Structure
Plan Amendment, the Wal Mart shopping center is not a neighborhood commercial
district, nor does Buffalo Run Apartments meet the criteria of a Medium Density Mixed -
Use Neighborhood. City Plan acknowledges this community shopping center
developing, but not linking it with Medium Density Mixed -Use Neighborhoods.
Is the rezoning request compatible with existing and proposed uses surrounding the
subject land and is it the appropriate zoning district for the land?
Not to an adequate degree, for the reasons explained above in the evaluation of the
Structure Plan Amendment.
Will the rezoning have adverse effects on the natural environment?
The property in question is an existing open field. Staff has not initially determined any
adverse effects on the natural environment at this time.
Will the rezoning result in a logical and orderly development pattern?
Not to an adequate degree, as the disconnections and discontinuity explained above in the
evaluation of the Structure Plan Amendment outweigh any benefits of the higher density.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the proposed request for Rezoning and Amendment to the Structure Plan,
staff makes the following findings of fact and conclusions as explained above:
1. This request for a Structure Plan amendment does not adequately demonstrate a need
to change the designation. Such a change would not be consistent with the City's
Comprehensive Plan.
2. This rezoning request is not consistent with the City's Comprehensive Plan, based on
the Structure Plan designation and the policies for MMN designation.
e. While the property can not achieve the integral, unifying pattern of. streets
and blocks to thread LMN, MMN, and NC areas together as envisioned,
this is not unprecedented where barriers exist. Development review of an
actual project would require the developer to come as close as possible
given the constraints.
While Staff acknowledges these supporting arguments, they are not clear or
relevant enough to overcome the problems with the request. Also, the support of
owners, both on the subject property and adjoining properties, is acknowledged.
Despite these considerations, there is not an adequate policy basis to implement
this request, and the owners' support does not create a need to change the plan.
4. Rezonine Reauest:
In order for City Council to recommend approval of this proposal, the Council would
have to find that the rezoning is:
(a) Consistent with the City's Comprehensive Plan; and/or
(b) Wan -anted by changed conditions within the neighborhood surrounding and including
the subject property."
The above criteria are found in subsection 2.9.4[H][2] of the Land Use Code, which
defines mandatory requirements for quasi-judicial rezonings. In addition, the following
subsection 2.9.4[H][3] lists additional factors that may be considered along with the
mandatory requirements for this type of quasi-judicial rezoning, as follows:
"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 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 the natural environment'; and
c. whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern."
5. Staff analysis - rezoning request.
major arterial street. The Wal Mart Shopping Center is not a
Neighborhood Commercial District. Medium Density Mixed -Use
Neighborhoods are typically located and. associated with an adjoining
Neighborhood Commercial District as stated in City Plan Policy MMN —
3.2. These are fundamental policies for accommodating higher density
housing in MMN areas.
b. It would not form a "unifying pattern of streets and blocks" due to
disconnections in existing development and proposed streets.
Disconnections due to existing, development will pose constraints on
connectivity. According to City Plan, residents should be able to easily get
to the Neighborhood Commercial Center without the need to use an
arterial street. Direct access to Wal Mart can only be achieved by
traveling down Lemay Avenue around the Buffalo Run Apartments.
C. As part of the East Mulberry Corridor Plan process, the existing Fort
Collins Downtown Airpark is recognized as a viable airport operation and
residential land uses should be minimized within close proximity to this
industrial use for safety and compatibility reasons.
In evaluating the requested Structure Plan Amendment, Staff has considered and
discussed a number of other points that can be made in favor of a need to change
the Structure Plan. These are acknowledged below:
a. The property is "within a 1/4 mile of NC zone" (quote from City Plan),
and arguably "within easy walking distance of transit and a commercial
district" (quote from Land Use Code). The existing Wal Mart Shopping
Center has the appearance of a Neighborhood Commercial District, even
though it is not officially described as one.
b. There is no other property meeting these criteria available to accommodate
MMN zoning in association with the NC district in this immediate area.
The East Mulberry Corridor Plan identifies MMN adjacent to the future
NC District north of Highway 14 and Greenfields intersection. The
Buffalo Run Apartments have the appearance of a Medium Density
Mixed -Use Neighborhood, yet fall within the Commercial Zoning District.
C. "Buildings, streets, paths, open spaces, and parks [can) be configured to
form an inviting and convenient living environment' (quote from LUC).
d. As a general principle, higher density infill is more efficient in the use of
land, water, infrastructure, energy, and all other resources. From a broad
city-wide perspective, this opportunity for multi -family housing could be
captured despite the imperfect fit with MMN policies, if a degree of
flexibility in applying the policies can be provided.
Staff Response to Proposed Medium Density Mixed -Use Neighborhood
(MMN) Amendment to the Structure Plan, East Mulberry Corridor
Plan and Zoning Map from James Webster, property owner of Parcel #
(87072-00-002).
Date: 3-26-03
Throughout the East Mulberry Corridor Plan process, several alternative land uses were
assessed for this area including maintaining Industrial and changing Industrial to
residential or employment uses.
During the East Mulberry Corridor Plan process in the spring 2002, a representative on
one of the properties (Parcel # 87072-00-002) requested a land use designation of
(MMN) Medium Density Mixed -Use Neighborhood. The proposed land use change was
discussed between staff and the Planning and Zoning Board Work Sessions held on June
14 ad July 12, 2002. In addition, the item was discussed at the August 20, 2002 City
Council Study Session. During these discussions, staff did not receive support for MMN
land use designation, but did for Employment.
As a result of the notification for the East Mulberry Corridor Plan Rezoning, the owners
of Parcel # 87072-00-002 challenged the rezoning of Employment. Mr. James Webster is
requesting City Council support an amendment to the Structure Plan, East Mulberry
Corridor Plan and City Zoning Map to reflect Medium Density Mixed -Use Neighborhood
(MIAT O on their property.
Context of the Proposed Structure Plan Amendment
The City Structure Plan is the primary basis for zoning decisions. An amendment is a
prerequisite to this rezoning request.
To recommend approval of this proposal, staff and the Planning and Zoning Board have
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. These are the applicable criteria, contained in
Appendix C of City Plan.
Evaluation of the Proposed Structure Plan Amendment
The decisive points in the analysis are:
a. As an MMN District, the property would not form "a transition and a link
between surrounding neighborhoods and the neighborhood commercial
district". Nor would it "function together with adjacent low density
neighborhoods and the commercial core" in an integral way. Lemay
Avenue separates the existing Andersonville neighborhood, which is a
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1 02 05:05p Lagunitas ts701 226-5125 p.2
Perhaps the biggest contribution our proposed plan can make to the East Mulberry
Corridor Plan is to take the first big positive unequivocal step toward attractive, well -
planned development at the west end of the corridor, which development will make It
much easier for other owners and developers to move ahead with attractive light
Industrial development and redevelopment in this area with the confidence that they will
he well received by the banks and the market.
Accordingly, we respectfully request that you recommend that the East Mulberry
Corridor Plan be finalized to include the recommendation of M-M-N zoning for our
parcel'of property. We believe this is the best zoning for this unique piece of property at
the west end of the East Mulberry Corridor, and it will make the East Mulberry Corridor
Plan consistent with the rezoning application we presently have to process with the City
of Fort Collins.
Thank you.
Sincerely,
Jon Prouty
JP/hlb
Enclosure.
J 02 05:04p La6unizas (9701 226-5125 -p.l
LAGUMTAS COMPANIES
3944 JFK Parkway, Fort Collins, CO 80526
970-228-6000 • Fax 970-228-5125
To: East Mulberry Corridor Plan Citizens Advisory Committee Members.
Pete Wray, Advance Planning, City of Fort Collins
From: Jon Prouty
Date: May 28, 2002
Re: Westernmost 14.3 acres of property in East Mulberry Corridor Plan)
Zoning Request
We have under contract the 14.3 acres of `Webster" property which are the 14.3
westernmost acres in the East Mulberry Corridor plan.
Our proposed plan for this property has always been for residential uses which will be
transitional between the mull -family residential to the south and the single-family
residential to the north, and also transitional from the established Old Town urban uses
and the evolving mixed uses between Old Town and this site, and the airport area
industrial uses.
It is our view, after considerable research, that our property here is simply not
developable zoned as Employment. The reason quite simply is given the established
industrial nature of the area It is not a place where Employment uses, particularly
business and professional offices, will move to. And there are too many excellent
alternative sites.
Another major consideration, we believe, is that In the immediate neighborhood, now
encompassing Wal-Mart, commercial development south of Wal-Mart, the entire airport
industrial area, and the mixed and developing uses between this site and downtown,
there is virtually no Residential being provided, with the exception of the multi family just
north of Wal-Mart. In the context of the neighborhmod then, we believe this project is an
excellent mixed -use opportunity which will provide quality entry-level residential — patio
homes and condos for purchase — immediately proximate to all these workplaces.
And a supplemental benefit, we believe, is having a small residential neighborhood here
- perhaps 300 units or so, Including the existing muttl4amily rentals - will achieve many
City plan mixed -use objectives and contribute to the diversity, vitality, health and
stability of the overall neighborhood.
In addition, there is the opportunity for this mixed -use neighborhood to be an
exceedingly attractive place to live: proximate to work, next to the golf course, proximate
to shopping and services, a storre'e throw from the Poudre bike / pad path and only
about half a mile from Old Town.
Council Growth Management Committee
June 10, 2002
Page 6
Councllmember Weitkunat stated she realizes the Cooper Slough is a sensitive area, but is there any
connection to easVwest in the final quadrant towards the Cooper Slough and the residential area.
Wray responded no. Weitkunat asked if there was any possibility of paralleling the railroad with an
easUwest connection?
Wray stated the modeling that was done for this area concluded the frontage road system handled
the traffic In this area.
Weitkunat asked about the airport overlay — Is this a separate plan? Wray stated they are looking at
two things with the long-term overlay - the potential for some new street connections if that area
changes, and some expanded or different land uses. Its a plan to have in place if the airport chooses
to suspend operations.
Councilmember Kastein asked is staff is working on costs for annexing lands In the Study area. Wray
stated they are working on some preliminary figures for most of the anticipated public improvements
for this area — minus a few service areas. They are working on Identifying costs for transportation and
for new streets in the area. Developers would probably build the streets and the City would take over
maintaining them.
An analysis will be done between existing development and new streets, and provide for other
services like police, fire and library. Wray stated improvements like storm drainage and transportation
keep getting bigger. The County is looking at a Dry Creek utility district. There is also an existing
storm drainage problem for the area lacking curb, gutter and sidewalk and below ground drainage.
They have the costs for the 14 interchange project, the Access Management Plan, the Vine
Interchange, and the Timberline — Vine/Lemay bypass. Those are related projects that they already
have information on.
The meeting adjourned at 0:00 p.m.
Council Growth Management Committee
June 10, 2002
Page 5
Other things that won't be accomplished by the end of summer are some of the big issues like the
floodplain regulations, setback differences between the City and County. An example would be the
Cooper Slough area — the City has a setback standard of 300 feet, while the County's setback area is
150 feet
There are two more Citizen Advisory Committee meetings in June and July. The next final public
open house will be on July 22, and there is a Study Session with City Council on July 9°i. Wray stated
the County is planning to have their final hearing with the Planning Commission and the
Commissioners in a single adoption hearing. If this changes, staff will let you know.
The Planning and Zoning Board will have their presentation the first week in August, and the City
Council on August 2e.
Councilmember Weitkunat stated she remembers a discussion on employment districts. Where are
they being sited? Staffinember Wray stated the framework plan identified two locations. They
looked at two areas — transitional small employment growth to larger employment base. A lot of the
industrial parcels cater to smaller, start-up businesses. They wanted to look for opportunities for
growth. One is at the Greenfields location and the other is Timberline and Mulberry. There is a
smaller piece at Lincoln and Lemay. This is the piece staff is struggling over.
City Structure Plan and zoning identifies this parcel as industrial, and the Plan supports changing that
to employment The Vine intersection will have a grade separation through the southern and of
Andersonville.
There was discussion as to what types of development are allowed in the E, Employment zone. The
original industrial zone will work here, but they felt E, employment or MMN would provide a better
opportunity for transition, and separates industrial uses.
There is a 14.3-acre parcel of ground that the property owner would like the zoning to not be E,
Employment
Councilmember Weitkunat asked where are there opportunities for housing in this area. Wray pointed
them out on the map. The intersection of Lincoin/Lemay is becoming very strategic with the WalMart
and Buffalo Run apartments right there.
Weitkunat asked about the traffic that would be generated by more housing, and how it would affect
the Vine/Lemay intersection. Staffinember Joe Frank responded that the property owner has
indicated he would heavily buffer this development. But by buffering, the neighborhood then has no
connectivity to the rest of the area. That's why the Employment District is designed to design it with
employment and residential working together versus MMN where the location has to be buffered and
cut off from the neighborhood. The property owner is worried that he wouldn't be able to draw
employment.
Staffinember Byrne stated he has argued from the perspective of what he wants to develop.
Weitkunat stated she's looking at the proximity from downtown. Technically, it's not that far. The
development area along Lincoln needs to be looked at in conjunction with the future of the golf
course.
Council Growth Management Committee
June 10, 2002
Page 4
In tandem with this project, Timnath is revising their Comprehensive Plan to respond to very large
annexation requests that are also located In the heart of the FCTW CS project study area. They are
doing land use planning and developing a vision for the area.
The town of Timnath and the local property owners are interested in trying to establish a separator
between Timnath and Fort Collins. That was not represented in the original 1999 graphic. There are
only a few property owners involved, and after contact with them, they are not hostile to the Idea.
They are open to conservation easements.
The emerging separator vision is the river and the area to the north. The river has gravel underneath
it so it will be mined, and then reclaimed. The area to the north is not prime habitat area; its mostly
dry land fanning. This is not consistent with the priorities that are in the existing Natural Areas Policy
Plan. One of the things coming out of the Study will be if there is support for the vision of a separator
between Fort Collins and Timnath, what are the tools to make it a reality.
Then, we need to ask the question — Is it appropriate for the City of Fort Collins to participate
financially in the Open Lands Program?
The project steering committee feels its important for this project to create some type of document
that all the jurisdictions would adopt and recognize as being a vision. It will be a °lightweighr
document The graphic will be changed so the northern separator is legitimized in the eyes of GOCO
as part of the separator.
Counciimember Weitkunat asked if Fort Collins applies for the Legacy Grant, does that put the
financial burden on Fort Collins? Vosburg responded that actually Larimer County will be applying for
the grant Within that there are partners - the partners are the different jurisdictions that are willing to
put money towards individual projects within the grant
S. East Mulberry Corridor Plan
Staffmember Pete Wray began the presentation. Staff is in the final stage of the planning process;
there's been over two years worth of work done. They have developed the principals and policies for
the Plan and continue to meet with property owners. Key pieces they are working towards achieving
are concurrent with plan adoption and amending existing plans. They anticipate having amendments
to the City Structure Plan, based on observations of the framework, the Master Street Plan, and Parks
and Recreation Master Plan. They are also working on some agreed -upon development standards for
the East Mulberry area, similar to what they did in the Fossil Creek southeast area where they came
up with some specific standards for properties not eligible for annexation that the County would
Include in supplemental regs to their Code. They would add to the work that was done at Fossil Creek
to come up with additional standards for this area. Staffinember Joe Frank stated these would be
standards that the County would apply to development coming to the County.
The large retail standards are within the GMA. There will probably be some minor amendments to our
own standards. There are several other strategies that will be pursued after plan' adoption. Some
examples of those are development of a resource management plan for the Cooper Slough area —
similar to what was done at Fossil Creek, where they will work with Natural Resources, consultants
and ongoing field work with the Division of Wildlife to develop a holistic management plan.
Council Growth Management Committee
June 10, 2002
Page 3
Staffinember Greg Byrne stated Tom Vosburg will present the update on the Community Separator
Project. He has been working with the towns of Timnath and Windsor. There has been some
significant changes.
Vosburg stated there's a memo in the packet that outlines the background of the project and where it
stands now. The project's scope of work envisioned working with the other jurisdictions to define a
division of the community separator that relates to Windsor, Timnath and Fort Collins. In 1999,
Council adopted a Regional Community Separator Study that looked at establishing separators
throughout Northern Colorado.
The original line of thought was to work with the communities, clarify the vision for the separator, get
the Plan adopted and seek GOCO funding to help implement the Plan. The Fort Collins / Timnath /
Windsor Community Separator (FCTW CS) project team anticipated completing an ordinary GOCO
Open Space application. As they were in the process, GOCO announced another opportunity to
establish a Legacy Grant, which Is a fundamentally different type of grant Legacy grants are large
scale and regional in scope. They are multi -year and multi -phased, so if a Legacy Grant is
established, you can come back every couple of years.with a different phase. Legacy grants are also
more flexible than ordinary open space grants.
The FCTW CS project team revised its work. plan to include developing a GOCO Legacy Grant
application in the middle of the project as opposed to the end of the project The application is due
June 17t°.
What the FCTW CS project team did in the course of producing the application was to contact all the
area property owners. When the project first started, the project team was directed by their steering
committee to emphasize dose property owner contact early in the process, rather than developing a
vision and announce it to the affected property owners at a public forum. The project team has
contacted all the property owners in the study area.
Vosburg referred to a map that was in the packet It is a map of the regional framework that was
adopted in the original 1999 study. It shows the Fort Collins/TmnattuWndsor Separator area. Early
into the project, the project team was looking at a large rectangular separator area. Most of that area
is a river valley that has for a long time been identified in the Natural Areas Policy Plan as a high
priority for protection.
There is an area above the river valley known as the "uplands".. While the project team were in the
property owner contact phase they discovered that almost the entire "uplands' area Is under one
ownership. The property owner has dear development plans. The land is currently agricultural, and
the project team was hoping he would keep it agricultural, so there might be the opportunity for
conservation easements, and establishing a working agricultural landscape as a community separator
between the two towns.
The property owner wants to take a philanthropic.approach to development in Timnath with a variety
of civic amenities he would like to provide the town. He is working with the Larimer County Open
Lands Program and the Nature Conservancy to do substantial open space preservation in northern
Larimer County.
Council Growth Management Committee
June 10, 2002
Page 2
The entire document has been moved to Microsoft Word XP and reformatted. All of the agencies will
be moving to the new program. °XP' is more stable for the complex format of the document. All
drawings have been renumbered and divided into two categories: 1) °Figures' were placed at the
ends of the chapters for designer aids, and 2) "Construction Drawings° were placed in Appendix °A°,
which contractors use for field construction. Larimer County reviewed and revised several areas of
the document to align its street standard requirements with its code requirements. The original
document contained several conflicts. Many corrections and clarifications were made to improve
understanding and remove conflicting information.
Chapter 4 had quite a few changes dealing with Transportation Impact Studies. The consultants'
engineers were very interested in that. Most of the contention was over Loveland's requirements,
because they are more strict in some of their applications.
Councilmember Weitkunat asked about the requirements for subdrains in Loveland. She was unsure
of what a subdrain is. Hertzig responded a subdrain drains groundwater. A drain that resembles
perforated pipe is placed below the water table. The water seeps into the pipe and is carried off to a
place where it drains. Generally, this occurs around houses under construction if there's a high water
table. A subdrain will be installed and will drain the water out to the street
Weitkunat asked if there are places where Fort Collins' streets and Loveland's streets abut each
other. Staffinember Hertrig responded Fort Collins has different street cross section standards than
Loveland. If the streets were to meet, staff would need to decide on a design for transitioning from
one to the other.
Councilmember Weitkunat asked if an Access Control Plan has been developed, does Larimer
County need to adhere to it
Staffinember Ron Phillips stated the difference that we've experienced is, that Larimer County may not
require a developer to put in a street that the Fort Collins Standards would require. If the street gets
built, it will follow the Access Control Plan and Standards. The difference lies in the area of what
Larimer County requires the developer to do as to what Fort Collins requires.
Weitkunat asked about #16 — Pedestrian Facilities Design and Technical Criteria If a sidewalk is
widened less than 4 feet, the existing sidewalk must be removed and fully replaced. Hertzig
responded there may be an existing 4-foot sidewalk and the requirement is five-foot sidewalks.
Adding a one -foot width of concrete is unstable. So, if sidewalks need to be widened, they need to be
widened to a sufficient width.of stable concrete, or the sidewalk needs to be removed and rebuilt at
five -feet wide.
Councilmember Kastein asked If our City street standards intersect with Larimer County's street
standards. Hertrig responded the County adopted Fort Collins' street standards for the Urban Growth
Area surrounding Fort Collins. Larimer County has adopted Loveland's street cross-section standards
for the same thing.
4. Fort Collins/TimnathNVIndsor Community Separator Project Status Update
Attendees:
Council Committee:
Karen Weitkunat
Kurt Kastein
Other Counciimembers Present:
P & Z Representative: Others Present:
Jerry Galvadon
Staff:
John Fischbach Greg Byrne Steve Roy
Mark Jackson Ron Phillips Joe Frank
Agenda:
1. Review of Draft Minutes - May 8, 2002
2. Six Month Planning Calendar
3. Street Standards Update
4. Community Separators
5. East Mulberry Corridor Plan
Minutes:
1. Review of Draft Minutes — May 8, 2002
The minutes were approved as written.
Paul Eckman Pete Wray
Tom Vosburg Patty Storm (recorder)
Approval
Review/Comment
Update
Discussion
Update
2. Six Month Planning Calendar
Staffinember Byrne noted two items were added to the agenda for the July meeting. No other
changes were made.
3. Street Standards Update
Staffinember Mike Herfzig stated the'Larimer County Urban Area Street Standards' (Standards) are
the adopted technical street design and construction standards for the cities of Fort Collins and
Loveland and the Larimer County Growth Management Areas for Fort Collins and Loveland. The
Standards were adopted in January 2001 and went Into effect on March 1, 2001. They are available
on the Internet.
When the Standards were adopted, a revision process was developed and included in the document.
Staff from Larimer County, Fort Collins and Loveland will make periodic revisions to continually
improve the document
The document did go through a public process. The developers had their engineers participate as
they are the users of the manual.
Draft Principles and Policies
Pete Wray then moved discussion to the principles and policies.
CAD 1.1 - will the new standards be adopted with the plan? Yes.
LU 2.3 - concerned that the flood plain has not been overlaid onto the commercial areas along the river. Much of this existing
business area would be limited by the flood plain.
There was discussion about the differences in the City and County flood plain regulations and how they affect properties that are
annexed. Several suggestions were made to address this topic, since it will not be addressed by this project, but is expected to be
resolved in the future. These suggestions included adding city/county coordination on flood plain regulations to the Action Plan;
putting language into the Intergovernmental Agreement that annexation would not Happen until building permits and construction are
completed on properties; acknowledge in the plan that this issue exists and can't be solved with this plan; and add notations about the
flood plain to the Land Use Map.
At this point in the meeting, the CAC decided to continue discussion about Principles and Policies and hold off the discussion on Plan
Implementation.
T 2.3 — if there was some type of berm across the slough, it could bring water back into the slough and rejuvenate it. There may be
things that can be done to enhance the slough A reference to environmental issues could also be added to T 2.3.
ENV 1.4 — would like to see "enhancements" added into the plan so that someone isn't precluded from proposing enhancements. May
need to define what an enhancement is — a positive enhancement — and add this into the Natural Resources chapter.
A general suggestion was made to address all of the items that can't be finalized (ie. buffer widths, flood plains) in the Implementation
Chapter.
Next Steps
There was discussion about whether to have a June CAC meeting because there are a number of items still to resolve. CAC members
decided to meetagain on June 26.
John Prouty of Lagunitas Companies presented a concept to develop property at the northeast corner of Lemay and Lincoln Avenue in
residential uses. He proposes to rezone the property from the Employment Zone to MMN, since the Employment Zone only permits
25% of the site to be developed in residential uses.
CAC members were split on whether the site is appropriate for residential uses or should remain as an employment area A suggestion
was made to look at the zoning for the corner property in conjunction with this property.
Pete Wray announced that the final project open house will be held on Monday, June 17 at the Plaza Inn and that staff will further
assess the rezoning concept and the Poudm Valley Business park plan
Meeting adjourned at 9:00 P.M.
3of3
a joint project between Larlmer County and City of Fort Collins
wwwAamcom/eastmulbem
eastmulberry@fcgov.com
Poudre Valley Business Park Sketch Plan
Sylvie Glass presented a sketch plan for Donaldson & Company for a site located at the northeast comer of Mulberry and Greenfield.
'Ihe plan is a mixed -use plan consisting of employment uses and a neighborhood center. The setbacks/buffers along the Cooper
Slough are shown at 200' at the north end of the site and 100' along the remainder of the site and mitigation would be proposed. The
buffers for Larimer County and the City are different and the developer would like to propose a performance spec rather than a
specific numeric buffer dimension -
Pete Wray noted that the proposed land use concept of this sketch plan is generally consistent with the draft framework plan, but
would require some shifting of the LMN area and an increase in the Employment area He also noted that the street pattern on the
sketch plan fits with the Framework Plan.
CAC members expressed concerns about changes in land use designations on the plan based on this sketch plan and the potential
impacts to Cooper Slough Members also expressed concerns that the draft plan does not define setbacks/buffers for, the slough and
gives little direction for future development There was further discussion about the differing widths between the City's requirements
of 300' and I-arimer County's of 100' and agreement that there needs to be policy direction in the plan on the buffer widths.
Russ Legg, County Project Manager jsyoy 4t T683 Pete Wray, City Project Manger (970) 221-8376
FFF
a joint project between Latimer County and City of Fort Coffins
www.fcaov.contleastmulberry
eastmulberry@fogov.corr
East Mulberry Citizen Advisory Committee (CAC)
Meeting #13 — May 29, 2002
Meeting Summary
Attendance: Mike Buderus, Sally Craig, Bob Herdon, Jeff McClure, Clair McMillen, Chris Ricord, and Len Roark.
Staff,Consultants and Technical Advisory Committee in Attendance: Sherry Albertson -Clark, Bill Cunningham, Troy Jones, Russ
Legg, Bruce Meighen, Doug Moore, Tom Reiff, and. Pete Wray.
Guests: County Commissioner Cathay Rennels, James Smith of Donaldson & Company, Sylvie Glass of CCMK Architecture &
Planning, and Ed Roberts.
Preliminary Matters & Aviation Memorial Presentation
Pete Wray opened the meeting by introducing Ed Robert to the committee. The presentation on the aviation memorial proposal began
with a video, which was followed up by a presentation by Ed Roberts. Ed noted that a number of sites had been evaluated in working
with City staff and that this site at the northeast corner of Timberline and Mulberry was the site selected. The Air Force Association is
raising funds for the project, which is expected to cost S50.000 - $75,000.
Cathay Rennels added that Latimer County will be holding a public hearing to gather comments on the project and that there are
concerns and questions about who will maintain the site.
Discussion about die proposed memorial took place among CAC members. The general nature of member comments was concern
about the location and community image along a primary entryway into the City. Specific comments by committee members is as
follows: • not representative of full committee
Clair McMillen Did not support memorial located within airport property.
Mike Buderus Concerned about locating it at TimberlitrelHighway 14 intersection, aesthetics of memorial
Who will eventually maintain dus7
Jeff McClure defer to public comment
Chris Ricord Is the aviation memorial a true reflection of Fort Collins? Concerned about the overall image and location
Sally Craig Maintenance responsibility concern, will City be asked to take over maintenance?
Wrong theme for gateway, not consistent with East Mulberry Plan stremcape concept.
Len Roark Jet plane is wrong theme for Fort Collins
Bob Hendee Need more public process
Not part of EMCP to date and lacking full support from City and County together
The tentative public hearing date with Latimer County for this project is June 24 at 7:00 P.M.
Russ L.M. County Project Manager (970) 498-7e53 Pate wray, City Project Manger (970) 221.0376
a joint project between Ladmer County and City of Fort Collins
www.fcaov.com/eastmulberry
eastmulberry* fcgov.com
East Mulberry Citizen Advisory Committee (CAC)
Meeting # 11— March 27, 2002
Attendance: Mike Buderus, Sally Craig, Gary Eastman, John Gless, Jeffery McClure, Chris Ricord, Len
Roark, Loui Ter Meer, Mary Warring.
Staff, Consultants and Technical Advisory Committee in Attendance: Russell Legg, Jana McKenzie, Bruce
Meighen, Doug Moore, Tom Reiff, Pete Wray.
Visitors: Sherry Weinstein and Les Crawford
Streetscape Concepts: '
Jana McKenzie , EDAW, presented the streetscape concepts developed by the firm and outlined details of the
intersection improvements, focal points, sculptures, expressway median treatments, plant material and the
proposed landscaping plans and focal points developed for Timberline.
Reactions, Comments, & Questions:
• Need to acquire ROW at Greenfield and Hwy 14 if detention ponds are not needed.
Trail need to be out of Cooper Slough
• The intersection improvements at Lemay and Hwy 14 are different that what is proposed at the current time.
• What is the lighting situation? Will the City have streetlights along hwy 14? Many members of the
Committee expressed interest in having minimum street lighting along the expressway.
• Many if not all, members expressed the opinion that the plan is a great overall plan, especially the Sandstone
wall repetition; the pedestrian amenities are good.
• Many were concerned that the center median trees, unirrigated, will not work well.
• The fewer trees in the median the better.
Framework Plan Discussion:
• The employment at NE comer of Timberline & Mulberry might impact the airport. Maybe a glide/landing
area should be calculated and identified to make sure building heights in that area do not interfere with
airport operations.
• Some questioned where 2 lanes proposed for Greenfield Court were adequate. Tom Reiff responded with
an outline of how the City requirements work.
• After discussion, there was continued support for keeping the area between Andersonville & Buffalo Run
apartments a residential designation and not as an employment center or industrial. Others felt that
employment designation, which permits housing, might be appropriate and consistent with the area
Next Steps:
The staff presented Transit and Bike Plans for the area. Future schedules were presented. And Pete Wray
.anded out draft Principles and Policies.
Ruse Legg, Couray Project Manager (970) 49&7683
Pete Wray. City Project Manger (970) 221-8376
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 Engineer 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 15th day of
April, A.D. 2003, and to be presented for final passage on the 6th day of May, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of May, A.D. 2003.
Mayor
ATTEST:
City Clerk
minutes 03 seconds West 442.99 feet; thence, North 87 degrees, 55 minutes, 57
seconds West 204.00 ft; Thence North 02 degrees, 04 minutes, 03 seconds East 62.53
feet; thence North 87 degrees, 55 minutes, 57seconds West 503.00 feet; thence North
02 degrees, 04 minutes, 03 seconds East 24.72 feet to the true point of beginning.
Containing 6.47 acres more or less.
Parcel #87072-00-002 (15.79 Acres)
A tract of land located in the Northwest Quarter of Section 7, Township 7 North,
Range 68 West of the 6i° P.M., described as follows:
Beginning at a point on the West line of said Section 7, which point is 1320 feet
North from the West Quarter comer of said Section 7;
Thence East 30 feet; thence South 300 feet; thence East 791 feet; thence South 1020
feet; more or less, to the South line of said Northwest Quarter, thence West along the
South line of the Northwest Quarter of said Section 7 821 feet to said West Quarter
corner; thence North 1320 feet to the point of beginning;
EXCEPT a parcel of land described in Book 1974 at Page 581 of the Latimer County,
Colorado records.
Parcel #87072-00-026 (1.71 Acres)
A parcel of land situated in the NW 1/4 or Section 7, Township 7 North, Range 68
West of the 6th P.M., City of Fort Collins, Latimer County, Colorado, more
particularly described as follows:
Commencing at the SW corner of the NW 1/4 said Section 32; thence NO2°04'03" E,
along the West line of said NW1/4 a distance of 40.01 feet; thence S89°27'44" E
parallel with and 40.00 feet northerly of the South line of said NW 1/4 and along the
northerly R.O.W. line extended westerly of East Lincoln Avenue a distance of 75.01
feet to a point lying on the easterly corner of that parcel of land described in Book
1974 at Page 581 of the Larimer County, Colorado, records begin the intersection of
said northerly R.O.W. line and the easterly R.O.W. line of North lzmay Avenue,
said point being the point of beginning; thence N 12°51' 17" W along the easterly line
of said parcel described in Book 1974 at Page 581 and said easterly R.O.W. line a
distance of 174.69 feet to the northerly corner of said parcel described in Book 1974
at Page 581; thence NO2°04'03" E parallel with and 30.00 feet easterly of the West
line of said NW1/4 and continuing along said easterly R.O.W. line a distance of
131.I6 feet; thence S89°27'44" E parallel with the South line of said NWl/4 a
distance of 237.58 feet; thence S06°15'14" E a distance of 303.17 feet to a point
lying on said northerly R.O.W. line; thence N89°27'44" W along said northerly
R.O.W. line parallel with and 40.00 feet northerly of the South line of;said NW 1/4
a distance of 236.47 feet to the point of beginning.
ORDINANCE NO.066, 2003
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 EAST MULBERRY CORRIDOR PLAN 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 the 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 as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code, and the
same hereby is, amended by changing the zoning classification- from "I", Industrial Zone District, to
"E", Employment Zone District, for the following described property in the City ]mown as the East
Mulberry Corridor Plan Rezoning:
Parcel # 87072-00-019 (6.47 Acres)
A tract of land located in the West half of Section 7, Township 7 North, Range 68
West, described as follows:
Beginning at a point which bears South 02 degrees 04 minutes 03 seconds West
1349.99 feet and again South 87 degrees 55 minutes 57 seconds East 318.00 feet and
again South 02 degrees 04 minutes 03 seconds West 275.28 feet from the Northwest
comer of said section 7; thence along the easterly right of way of the future Lemay
Avenue North 38 degrees, 58 minutes, 00 seconds East, 680.12 feet; thence, along
the arc of a curve to the left having a radius of 1125.00 feet 35.02 feet, having a long
cord of North 38 degrees 04 minutes 30 seconds East, 35.01 feet; thence, South 50
degrees, 01 minutes, 54 seconds East, 352.39 feet; thence, South 02 degrees, 04
DATE:
ITEM NUMBER:
The purpose of the E zone as described in Section 4.22(A) of the LUC states:
"it is intended to provide a variety of workplaces including light industrial uses, research
and development activities, offices and institutions. The District also is intended to
accommodate secondary uses that complement or support the primary workplace uses,
such as hotels, restaurants, convenience shopping, childcare and housing. "
The requested zoning is compatible with all existing land uses. The property is surrounded on
three sides with land that is already zoned Industrial, Commercial and RL (Low Density
Residential). The Employment Zoning will allow for office, light manufacturing, commercial
and multi -family residential, so changing this property.to E would be compatible. The subarea
plan indicates that the mentioned three properties should be E to provide employment
opportunities, transition between land uses and attractive mixed -use development to revitalize
the area.
There are no significant environmentally sensitive areas associated with the subject properties.
The three properties are located within the existing developed area of the City of Fort Collins,
and should it further develop, would be able to utilize the existing logical and orderly
development pattern provided by the site's proximity to Lemay Avenue, East Mulberry Street
and Lincoln Avenue.
LIST OF ATTACHMENTS:
1. Vicinity Map.
2. Existing Zoning Context Map.
3. Proposed amendments to the Zoning Map (staff s recommended configuration).
4. Letter from Clair McMillen, Majority owner of the Fort Collins Downtown Aitpark,
dated March 26, 2003.
5. Notes from East Mulberry Corridor Plan Meetings.
6. Staff Response to proposed Medium Density Mixed -Use Neighborhood (MMN) from
James.Webster, property owner of Parcel # (87072-00-002), dated 3/26/03.
DATE:
ITEM NUMBER:
City Plan — Structure Plan MaQ
The three properties have been zoned Industrial since 1997. The City Structure Plan Map,
consistent with zoning, showed industrial land use designation since 1997. The East Mulberry
Corridor Plan, an element of City Plan, recommended a change to employment land use
designations and was adopted in September 2002. The Structure Plan Map was amended also in
September 2002 to reflect this change. The East Mulberry Corridor Plan is the subarea plan that
adds specific details to the general nature of the Structure Plan for the East Mulberry Corridor
Area. This subarea plan indicates the E is the proper zoning for this area.
East Mulberry Corridor Plan
A subarea planning process was initiated in January 2001 by both the City and County to
develop the East Mulberry Corridor Plan, which was jointly adopted in September 2002. The
Plan received support for employment for the following reasons:
Employment will provide additional options for new development at strategic locations
and foster redevelopment opportunities.
An opportunity to change some of the industrial uses to employment beyond the airport
area would allow for attractive office, commercial and secondary residential uses to
provide business expansion and quality mixed -use development.
The employment uses will provide a transition between the existing industrial uses to the
east, and future development west of Lemay Avenue.
Zoning and An& is
This is a rezoning initiated by the Director of CPES as authorized under Section 2.9.3 of the
Land Use Code to bring the zoning map back into compliance with the adopted East Mulberry
Corridor Plan. The three properties were annexed to the city in the early 1990's and zoned IL. A
citywide rezoning was implemented after City Plan was adopted in 1997 resulting in these
properties being zoned Industrial. The adopted subarea plan (East Mulberry Corridor Plan)
recommends the E zone district.
The purpose of the (I) Industrial Zoning District is spelled out in 4.23(A) of the Land Use Code.
Article 4.23 states that the district:
"is intended to provide a location for a variety of work processes and work places such as
manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of
commercial and industrial operations. "
The three properties were zoned Industrial to reflect the character of the uses in and around the
existing Fort Collins Downtown Airpark and surrounding manufacturing and warehouse uses.
All three properties have been vacant for several years.
AGENDA ITEM SUMMARY ITEM NUMBER: 24
FORT COLLINS CITY COUNCIL DATE: April 15, 2003FROM•
Pete Wray
SUBJECT:
First Reading of Ordinance No. 066, 2003, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classifications for the Certain Properties Known as the East
Mulberry Corridor Plan Rezoning.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This is a request to change the zoning designation of 3 parcels totaling approximately 23.9 acres
located at the northeast corner of Lincoln/Lemay Avenue, from Industrial (I) to Employment (E).
The proposed rezoning to (E) Employment District from (I) Industrial is appropriate for the
described three properties and is compatible with existing and proposed uses surrounding them.
The proposed rezoning will not result in significantly adverse impacts on the natural
environment and will result in a logical and orderly development pattern.
The East Mulberry Corridor Plan Rezoning is consistent with the City's Comprehensive Plan
(City Structure Plan Map) and the East Mulberry Corridor Plan (Framework Plan Map), both
adopted by City Council on September 17, 2002.
The applicability of the requested amendment to the Zoning Map is based on the Land Use Code
Article 2, Division 2.9.2 by the Director, founded upon the adoption and implementation of a
subarea/corridor plan. This item represents an implementation follow-up action after the
adoption on the East Mulberry Corridor Plan.
BACKGROUND:
Existing Land Use and Zoning
The surrounding zoning and land uses are as follows:
N:
RL;
Existing Andersonville Neighborhood
I;
Vacant land
S:
C;
Lincoln Avenue, Buffalo Run Apartments, Wal Mart
E:
I;
Duff Drive, existing industrial uses
W:
I;
Lemay Avenue, existing industrial uses, vacant land
RL;
Existing Andersonville Neighborhood.
contract with a good project to go in there. He though it would fit nice with residential on the north and
south. He would appreciate the recommendation for MMN.
John McCoy, 1900 South Shields and listing broker for the Webster's. He stated that he did not hear
staff making a strong recommendation one way or the other. He was not sure that he heard a strong
recommendation tonight. He thought that practically speaking, the zoning request change does fit in
compatibly with the area. He also thought that development of this site might create some momentum
for fixing some troublesome storm drainage and traffic and street issues in the area. He also thought
that all good plans allow for modifications and he thought that this was a modification that was both
desirable and compatible to the area. He asked for the Board's approval.
Bob Dunzel, 1718 Trailwood has been a resident of Fort Collins his whole life and has known the
Webster family his whole life. He felt that they need a little justice tonight. The Webster's have been
trying to sell this property for 15 years. They have a signed contract with a reputable builder in town
and they are trying to put in something that is affordable and will fit there. They need the Board to help
them out. This will not only help the city but also be fair and just and the Webster's deserve it.
Public Input Closed
Planner Wray reported that the Board had previously asked for a letter from the airport owner and that
had been included in their packets. Mr. McMillen of the airport stated in the letter that they have some
concerns about future residents moving into any residential and potentially complaining about the
impacts of the airport. What they would like to negotiate if residential is near their airport is to work with
the developers to bring this issue to the new owners and workout some sort of agreement that those
new residents are fully aware of the existing airport operation and hopefully won't complain about the
noise and planes flying over head. The airport is not against the proposal for the medium density
mixed use neighborhood or that type of residential. They feel it is far enough from the airport
operations. Mostly they are concerned about the neighborhood complaint potential.
Board Comments:
Member Craig would not be supporting the motion. She thinks it is spot zoning and she felt there
were enough issues brought up. Member Craig understands that the Webster's have been
through a lot, but she also thinks that the person they are working with has been in the city long
enough to know it was employment and should have worked from that. She thought that we are
not limiting this piece of property by saying that if it is not MMN they cannot use it anymore. She
lives a long ways from the airport and it is an issue to her, so she can well imagine that it is going to
be an issue no matter how sincere staff is about the condition about notification of the residents,
and she hopes that they follow up with it. At this point, she can not support the motion.
Member Colton was bothered by the airport issue. He was hoping to get some decibel readings or
some data to base a decision on. The airport owner seems back and forth when it was a huge
issue in the whole East Mulberry Corridor Plan. Is it going to be an issue or not. He was almost
guessing because he feels like, with the exception of the airport issue, the land use would be
appropriate because the Wal-Mart serves as a neighborhood center, and it is close to arterials.
People can get there easier than a lot of places in town.
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