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Article 2, Administration Division 1..3, Overall Development Plan
movement, as required pursuant to Section 3.6.3(F) and Section
3.2.2(C)(6).
(6) The overall development plan shall show the location a)id size of all
natural areas and features within its boundaries and shall indicate the
applicant's proposed rough estimate of tl ie lnzuts of development and
natural area buffer zones as required pursuant to Section 3.4.1(C).
(7) The overall development plan shall be consistent with the appropriate
Drainage Basin Master Plan.
(8) Any standards relating to housing density and mix of uses will be
applied over the entire overall development plan, not on each
individual project development plan review.
(I) Step 9 (Conditions of Approval): Applicable.
(n Step 10 (Amendments): Applicable.
(K) Step 11(Lapse): Applicable.
(L) Step 12 (Appeals): Applicable.
City of Fort Collins
Land Use Code
Article 1, Page 32
Proposed July, 1997 Changes
Article 2, Administration Division 2.3, Overall Development Plan
Step 7 (B)-(G) (Conduct of Public Hearing, Order of Proceedings at Public
Hearing, Decision and Findings, Notification to Applicant, Record of
Proceedings, Recording of Decisions and Plats): Applicable.
(H) Step 8 (Standards): Applicable. An overall development plan shall comply
with the following criteria:
(1) The overall development plan shall be consistent with the permitted
uses and applicable zone district standards (Article 4) of all zone
districts contained within the boundaries of the overall development
plan and shall also be consistent with any applicable general
development standards(Article 3). If the overall development plan
contains any land within the M-M-N, C-C and/or the N-C Districts,
the Plan shall be consistent with the land use requirements, block size
requirements and permitted uses of the block standards for those
districts.
(2) The overall development plan shall be consistent with the required
density range of residential uses (including lot sizes and housing
types) with regard to any land which is part of the overall
development plan and which is included in the following districts:
(a) The Low Density Mixed -Use Neighborhood District (L-M-
N). See Section 4.4(D),
(b) The Medium Density Mixed -Use Neighborhood District (M-
M-N). See Section 4.5(D).
(3) The overall development plan shall conform to the contiguity
requirements of the Compact Urban Growth Standards as required
pursuant to Section 3.7.2.
(4) The overall development plan shall conform to the Master Street Plan
requirements and the street pattem/connectivity standards both within
and adjacent to the boundaries of the plan as required pursuant to
Sections 3.6.1 and 3.6.3(A) through (F).
(5) The overall development plan shall provide for the location of
transportation connections to adjoining properties in such manner as
to ensure connectivity into and through the overall development plan
site from neighboring properties for vehicular, pedestrian and bicycle
City of Fort Collins
Land Use Code . Article 2, Page 31 Proposed July, 1997 Changes
-'DATE:
3 I -EM NUMBER: 30
The proposed uses are consistent with the permitted uses and applicable zone district
standards, including land use requirements and block size and block standards.
2. "The required density ranges of residential uses, lot sizes, and housing types are
consistent with the requirements of the applicable zone district.
3. The ODP meets the contiguity requirements.
4. The ODP conforms to the Master Street Plan.
5. Transportation connections to adjoining properties ensure connectivity into and
through the ODP site from neighboring properties for vehicular, pedestrian, and
bicycle movement.
6. The location and size of all natural areas and features are shown along with the an
estimate of the limits of development and natural area buffer zones.
7. The ODP is consistent with the appropriate Drainage Basin Master Plan.
Staff believes that once an ODP is reviewed and approved by the Board for the subject property,
individual land uses should be allowed to proceed according the Land Use Code, i.e., as either Type
I or Type 2 reviews, as appropriate for the proposed land use. Also, given the fact that there are
other properties within the city limits which have transportation and access issues, drainage issues,
and are close to existing developments, and none of them have a zoning condition requiring all
development to be subject to Type 2 reviews, staff sees no reason to apply such a zoning condition
to the subject property.
DATE:
L_
TEM NUMBER:
3ACKGROUND:
On October 21, 1997, the City Council adopted Ordinance No. 170, 1997, on first reading by a vote
of 5-1, rezoning approximately 191.6 acres located north of Prospect Road and west of I-25 from
the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the T, Transition (121.8
acres), Zoning Districts to the following districts: UE, Urban Estate (26.9 acres), LMN, Low -Density
Mixed -Use Neighborhood (15.7 acres), and E, Employment (104.1 acres) with a condition that all
development must be processed subject to Planning and Zoning Board (Type 2) review. The
condition was recommended by the Planning and Zoning Board to allow for their review of several
key issues associated with the development of the property. Included in these key issues were
transportation related issues, including improvements to Prospect Road; access from the property
onto Prospect and the Frontage Road; and the potential connection of streets into existing residential
developments to the west; drainage issues, including maintaining Boxelder Creek as open space; and
mixed -use development issues, including residential units in close proximity to employment areas.
The Board believes these issues will need to be closely evaluated when an Overall Development Plan
(ODP) is proposed for the property.
Staff does not support the condition recommended by the Planning and Zoning Board and
recommends the condition be deleted from the rezoning ordinance on second reading.
There are several reasons for staff's disagreement with the Board's condition. Staff believes the
condition is in direct opposition to the basic philosophy of the newly adopted Land Use Code. In
establishing the new Land Use Code, the City Council changed the way the City regulates land
development from the more performance oriented Land Development Guidance System (LDGS)
planned unit development approach to a map -based more traditional type zoning ordinance. New
zoning districts were created listing the uses appropriate in each district. The uses in each district
are assumed to have the same basic characteristics as the other permitted uses in the zone district
meaning the uses do not create any more adverse effects on public health, safety, aesthetics, etc.,
than the amount normally resulting from the other permitted uses listed in the zone. The new Land
Use Code establishes two levels of review, administrative (Type 1) and Planning and Zoning Board
(Type 2). The standards and criteria for making decisions are the same for both Type 1 and 2
reviews. This means, for example, the Natural Resources Department and the Transportation
Department, etc., utilize the same rules for reviewing development proposals, whether the proposed
use is classified under a Type 1 or Type 2 review. Since the uses are "allowed" within their
respective zoning districts, the only differences between Type 1 and Type 2 reviews is "who" makes
the final decision and the time frame of the decision -making process. Type 1 reviews can be
submitted at any time and are scheduled for a public hearing once staff analysis is completed. Type
2 reviews are locked into the Planning and Zoning Board's twice -monthly public meeting schedule.
Both Type 1 and Type 2 decisions are appealable to the City Council.
Staff agrees with the Board to the extent that the subject property does have some development
related issues. Staff believes, however, the Board does not fully understand their role in reviewing
an ODP for the subject property and how that review will allow the Board to closely examine all of
the issue areas which led them to recommend a zoning condition for the property. Attached are the
pages from the Land Use Code Division 2.3, Overall Development Plan, (H) Step 8 (Standards),
which list the criteria all ODPs must comply with. hi summary, these criteria are as follows:
AGENDA ITERPSUMMARY I , .A &UMBER: 30
FORT COLLINS CITY COUNCIL DATE:November 4,1997
STAFF:
Ken Waido
SUBJECT: • Second Reading of Ordinance No. 170, 1997, Rezoning Approximately 191.6 acres
from the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the T, Transition (121.8 acres),
Zoning Districts to the following districts: Uli, Urban Estate (26.9 aces), 1.MN, Low -Density Mixed-1 Ise
Neighborhood (15.7 acres), C, Commercial (44.9 acres), and E, Employment (104.1 acres), Known as the
Interstate Lands Property Rezonine.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading without the condition that all
development proposals must be processed subject to Planning and Zoning Board (Type 2) review.
The Planning and Zoning Board recommends approval of the rezonings on the condition that all
development must be processed subject to Type 2 review.
EXECUTIVE SUMMARY:
On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use
Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help
implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the
time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified
where either the property -owner and/or the adjacent property -owners and residents did not agree with
staffs recommendation for the zoning of an area or piece of property. Rather than delay the
adoption of the new Land Use Code until all issues could be resolved, the issue areas were
guaranteed a free rezoning process to be completed after adoption of the ordinances. The process
would look again at the City Structure Plan map and potential zoning designation. This properly
is one such issue area and, thus, should be considered a continuation of the rezoning process of
March 1997, establishing zoning for City Plan. Ordinance No. 170, 1997, which was adopted by
a vote of 5-1 on October 21, 1997 rezones approximately 191.6 acres located north of Prospect Road
and west of I-25 from the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the
T, Transition (121.8 acres), Zoning Districts to the following districts: UE, Urban Estate (26.9 acres),
LMN, Low -Density Mixed -Use Neighborhood (15.7 acres), and E, Employment (104.1 acres) with
a condition that all development Hurst be processed subject to Planning and Zoning Board (Type 2)
review. The existing C zoned area is included so its boundaries can be legally described and the UE
zoned area is included in order to be legally described as part of the Neighborhood Sign Code
District.
APPLICANT: LGT Real Estate OWNER: LGT Real Estate
c/o Eldon Ward
Cityscape Urban design
3555 Stanford Road
Suite 105
Ft. Collins, CO 80525