HomeMy WebLinkAboutINTERSTATE LANDS REZONE AND STRUCTURE PLAN AMENDMENT - 34-88D - REPORTS - FIRST READINGAGENDA ITEf1A SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Relating to Interstate Lands Rezoning.
RECOMMENDATION:
I10 NUMBER: 12 A-B
DATE: April 4, 2000
STAFF: Ronald G. Fuchs
Staff and the Planning and Zoning Board recommend adoption of the Resolution and the Ordinance
on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2000-52 Amending the City Structure Plan Map.
B. First Reading of Ordinance No. 33, 2000, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Interstate Lands Rezoning.
The parcels affecting the Structure Plan Amendments and Rezone request are known as the
Interstate Lands project. This item has three parts:
1. Request to amend the City Structure Plan as follows:
(a) Expand the Low -Density Mixed -Use Residential designation into the current
Employment designation.
(b) Expand the Urban Estate designation into the current Low -Density Mixed -Use
Residential designation.
(c) Designate a section of Prospect Road from the existing corridor further west to
Countv Road 5, then north to State Highway 14 (Mulberry Street) to the Interstate
25 (I-25) interchange into the transit corridor.
2. Request to rezone five (5) parcels totaling 65.322 acres within an approximate 155.57 acre
site as follows:
(a) Rezone property from Employment District (E) to Low Density Mixed -Use
Neighborhood District (LMN) consistent with 1 (a) above.
(b) Rezone property from Commercial District (C) to Employment District (E).
3. Make technical corrections to update the legal descriptions of zoning districts to ensure the
descriptions match the districts as shown on the zoning map.
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DATE: April 4.2000
BACKGROUND:
The surrounding zoning and land uses are as follows:
N: I, Industrial (County) - mix of commercial and industrial uses (Crossroads East Business
Center), R1, Residential (County) (Sunrise Acres)
S: C, Commercial; E, Employment; and. RC. River Conservation - undeveloped
E: C, Commercial - adjacent to I-25 interchange (Johns Harley-Davidson); and I. Industrial - east
of I-25
W: UE, Urban Estate, undeveloped; FA-1, Farming (County) - large lot residential; and, R,
Residential (County) - small lot residential (Boxelder First)
The property was annexed to the city as part of the Interstate Lands First and Second Annexations
in 1989, and was placed into two (2) zoning districts, the H-B, Highway Business Zone (151.6 acres)
and the R-P, Planned Residential Zone (40 acres). In March 1997 the City adopted City Plan
including the City Structure Plan, the Land Use Code and the Zoning Map. As one of several "hot
spot" properties where the appropriate zoning was contested, this property was placed in the T-
Transition zone district. Issues were resolved and the current zoning of Commercial District (C),
Employment District (E), Urban Estate District (UE), and Low Density Mixed -Use Neighborhood
District (LMN) occurred in November 1997. The applicant is now requesting additional changes
to the zoning.
A. Structure Plan Amendment
This Structure Plan amendment application must be decided based on the duly adopted goals and
policies set forth in the City's City Plan. The applicant has provided a Burden of Proof narrative (see
Attachment C) citing policies of justification from City Plan. The Planning and Zoning Board and
staff concur with the applicant's cited policies and agree with the structure plan re -designations,
supporting the applicant's amendments to the Structure Plan with the exception of the transit
corridor designation. It was Planning and Zoning Board's contention that the re -designation of the
transit corridor should wait until the Transfort Strategic Plan is completed.
B. Rezone Request
Section 2.8.4[H][2] of the Land Use Code outlines two (2) mandatory requirements for any
amendment to the Zoning Map involving the zoning or rezoning of lands within the City in order
to be approved by the City Council. In addition. Section 2.8.4[H][3] outlines additional
considerations that may be considered by the City Council. Provided the City Council finds that the
Structure Plan Amendments are appropriate, the rezone requests can be found to be consistent with
the City's Comprehensive Plan.
The applicant has submitted a Burden of Proof narrative justifying the requested rezones (see
attachment D). The Planning and Zoning Board and staff concur with the applicant's analysis for
requested rezones. The proposed rezones from Commercial District (C) to Employment District (E)
and from Employment District (E) to Low Density Mixed -Use Neighborhood District (LMN) are
appropriate for this property; are compatible with existing and proposed uses surrounding the subject
land: will not result in significantly adverse impacts on the natural environment, and, will result in
a logical and orderly development pattern.
The property is currently not in the residential sign district.
DATE: April 4. 2000 - STEM NUMBER: 12 A-B
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PLANNING AND ZONING BOARD RECOMMENDATION:
On March 16. 2000, the Planning and Zoning Board, made the following recommendations:
1. The Planning and Zoning Board by a vote of 5-0, recommends that the City Council
approve the applicant's request to amend the Structure Plan from Employment District to
Low -Density Mixed -Use Residential and Low -Density Mixed -Use Residential to Urban
Estate with the followin, condition:
The irregular zoning district boundaries shall not be used as justification for any
future development proposal.
2. The Planning and Zoning Board by a vote of 5-0.. recommends that the City Council deny
the applicant's request for reclassification and extension of a major transit corridor for East
Prospect Road.
3. The Planning and Zoning Board by a vote of 5-0. recommends that the that the City Council
approve the applicant's Rezone Petition request to rezone the subject area from Commercial
District zoning to Employment District zoning.
4. The Planning and Zoning Board by a vote of 5-0, recommends that the City Council
approve the applicant's Rezone Petition request to rezone the subject area from
Employment District zoning to Low -Density Mixed -Use Residential zoning.
ATTACHMENTS:
A. Vicinity Map
B. Staff Recommendation to the Planning and Zoning Board
C. Request for Amendments to Structure Plan
D. Interstate Land Rezoning Petition - Justification for Rezoning Petition
E. Existing Structure Plan
F. Proposed Structure Plan
G. Existing and Proposed Zoning Boundaries
H. Zoning Map Plat
1. Excerpt from March 16 Planning and Zoning Board Minutes
EXHIBITS:
A. City of Fort Collins — Proposed Structure Plan
RESOLUTION 2000-52
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY STRUCTURE PLAN MAP
WHEREAS, by Resolution 96-79 and Resolution 97-25, the City Council adopted the City
Structure Plan as an element of the City's Comprehensive Plan; and
WHEREAS, the Structure Plan Map has been amended from time to time by the City
Council; and
WHEREAS, Western VII Investment, LLC has requested the rezoning of certain lands
located at the northwest corner of the intersection of Interstate Highway 25 and Prospect Road (the
"Interstate Land Rezoning" request); and
WHEREAS, the Interstate Land Rezoning request also proposes certain amendments to the
City Structure Plan pertaining to the land uses identified on the Structure Plan Map; and
WHEREAS. the staff and the Planning and Zoning Board have recommended the proposed
chances to the Structure Plan Map for adoption by the City Council upon the condition that the
irregular zoning district boundaries that will be created because of the proposed amendment to the
Structure Plan Map shall not be used as justification for a request for modification of standards with
respect to any future development proposals; and
WHEREAS, the Council of the City of Fort Collins has determined that it is in the best
interest of the citizens of the city that the City Structure Plan Map be amended accordingly.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the City Structure Plan Map is hereby amended so as to appear as shown on Exhibit
"A". attached hereto and incorporated herein by this reference, upon condition that the irregular
zoning district boundaries that will be created because of the proposed amendment to the Structure
Plan Map shall not be used as justification for a request for modification of standards with respect
to any future development proposals.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
4th day of April, A.D. 2000.
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ORDINANCE NO. 33, 2000
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 INTERSTATE LANDS REZONING
WHEREAS. Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins 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.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from
"C", Commercial Zone District. to "E", Employment Zone District, for the following described
property in the City known as the Interstate Lands Rezoning:
DESCRIPTION: ZONE E PARCEL (1)
A tract of land located in Section 16, Township 7 North, Range 68 West of the 6`'
Principal Meridian, City ofFort Collins, County of Larimer, State of Colorado, being
more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 16 as bearing
North 88°19'55" West and with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 16; thence, North 06*40' 17"
West, 1722.88 feet to the POINT OF BEGINNING; thence, North 76°22'04 West,
236.51 feet; thence, North 25°46'50" East, 62.98 feet; thence, North 06°07'59" West,
743.69 feet; thence, North 57°08'42" East, 197.32 feet; thence, North 69'27'23"
East, 140.94 feet; thence, South 00°08'53" West, 599.95 feet; thence, South
02'00' 12" West, 408.70 feet to the Point of Beginning.
The above described tract of land contains 5.360 acres more or less and is subject to
all easements and rights -of -way now on record or existing.
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Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the is
City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from
"'I", Transition Zone District, to "E", Employment Zone District, for the following described
property in the City known as the Interstate Lands Rezoning:
DESCRIPTION: ZONE E PARCEL (2)
A tract of land located in Section 16, Township 7 North, Range 68 West of the 6'
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being
more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 16 as bearing
North 88`19'55" West and with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 16; thence, North 15`26'35"
West, 1848.81 feet to the POINT OF BEGINNING; thence, South 11 *52' 18" West,
260.72 feet; thence, South 25*46750" West, 264.85 feet; thence, South 61*2l'l7"
West, 306.13 feet; thence, South 82°02'35" West, 137.69 feet to a point on a curve
concave to the Northeast, having a central angle of 31 ° 19' 51 ", a radius of 449.26 feet
and the chord of which bears South 59°27'30" West, 242.62 feet; thence along the
arc of said curve 245.67 feet; thence, North 37°06'56" West, 31.06 feet; thence,
North 61 °21' 17" East, 550.55 feet; thence, North 25`46'50" East, 594.40 feet;
thence, North 05°24'49" East, 743.16 feet; thence, South 06°07'59" East, 743.69
feet; thence, South25°46'50" West, 62.98 feet; thence, North 76°22'04" West, 64.11
feet to the Point of Beginning.
The above described tract of land contains 3.534 acres more or less and is subject to
all easements and rights -of -way now on record or existing.
Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from
"C", Commercial Zone District, to "E", Employment Zone District, for the following described
property in the City known as the Interstate Lands Rezoning:
DESCRIPTION: ZONE E PARCEL (3)
A tract of land located in Section 16, Township 7 North, Range 68 West of the 6'
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being
more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 16 as bearing
North 88°19'55" West and with all bearings contained herein relative thereto:
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Commencing at the Southeast comer of said Section 16; thence, North 28'03'25"
• West, 1321.80 feet to the POINT OF BEGINNING; thence, South 85°37'25" West,
289.71 feet; thence, South 82°02'35" West,19.40 feet; thence, North 61 °21' 17" East,
306.13 feet; thence, North 25'46'50" East, 264.85 feet; thence, South 11 *52' 18"
West, 368.33 feet to the Point of Beginning.
The above described tract of land contains 0.708 acres more or less and is subject to
all easements and rights -of -way now on record or existing.
Section 4. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from
"E", Employment Zone District, to "LMN', Low Density Mixed -Use Neighborhood Zone District,
for the following described property in the City known as the Interstate Lands Rezoning:
DESCRIPTION: LMN
A tract of land located in Section 16, Township 7 North, Range 68 West of the 6'
Principal Meridian, City of Fort Collins, County ofLarimer, State of Colorado, being
more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 16 as bearing
North 88' 19'55" West and with all bearings contained herein relative thereto:
• Commencing at the Southeast corner of said Section 16; thence, North 39`14'55"
West, 2269.72 feet to the POINT OF BEGINNING; thence, South 30`00'00" West,
1241.29 feet to a point on a curve concave to the North having a central angle of
28'28'13". a radius of 610.00 feet and the chord of which bears South 15°45'54"
West, 300.00 feet; thence along the arc of said curve 303.11 feet; thence, South
01 °31'47" West, 99.74 feet; thence, North 56'49'58" West, 245.08 feet; thence,
North 88°19'55" West, 293.86 feet; thence, North 00'13'05" East, 736.50 feet;
thence, North 75°57'25" East, 251.44 feet; thence, North 14'02'22" West, 685.83
feet; thence, North 07°41'06" West. 53.16 feet: thence, North 05'01'54" East, 53.16
feet; thence, North 11°23'24" East, 596.08 feet; thence, North 13°05'53" East,
135.45 feet; thence, North 30°28'41" East, 122.90 feet; thence, North 40'36'56"
East, 172.36 feet; thence, North 24`34'41" East, 119.89 feet; thence, North
12'48'38" East. 140.56 feet; thence, North 00'00'00" West, 532.31 feet; thence,
South 48`54'30" East, 1021.76 feet; thence, South 30°00'00" West, 1156.51 feet;
thence, South 60°00'00" East, 612.00 feet to the Point of Beginning.
The above described tract of land contains 52.111 acres more or less and is subject
to all easements and rights -of -way now on record or existing.
Section 5. That the Zoning Map adopted by Division 1.3 of the Land Use Code of the
City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from
"T". Transition Zone District, to "C", Commercial Zone District, for the following described
property in the City known as the Interstate Lands Rezoning:
DESCRIPTION: ZONE C
A tract of land located in Section 16, Township 7 North, Range 68 West of the 6`'
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being
more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 16 as bearing
North 88'19'55" West and with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 16; thence, North 55'50'49"
West, 1621.14 feet to the POINT OF BEGINNING; thence, South 55°49'38" West,
113.83 feet; thence, South 23°38'24" West, 287.55 feet; thence, South 01"40'05"
West, 507.31 feet; thence, North 88°19'55" West, 149.48 feet; thence, North
01`40'01" East, 502.55 feet; thence, North 23°38'24" East, 287.55 feet; thence,
North 55"49'38" East, 174.20 feet; thence, North 61'21'17" East, 167.87 feet;
thence, South 37°06'56" East, 31.06 feet to a point on a curve concave to the
Northeast having a central angle of 14° 13' 18", a radius of 449.26 feet and the chord
of which bears South 36°40'55" West,111.23 feet; thence along the arc of said curve
111.51 feet to the Point of Beginning.
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The above described tract of land contains 3.094 acres more or less and is subject to
all easements and rights -of -way now on record or existing. 0
Section 6. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins 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 7. 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 4th day of April,
A.D. 2000, and to be presented for final passage on the 18th day of April, A.D. 2000.
Mayor
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Passed and adopted on final reading this 18th day of April, A.D. 2000.
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ITEM NO.
MEETING DATE3/16/00
STAFF Ron Fuchs
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Interstate Lands Rezone and Structure Plan Amendment
Current Planning File #34-88D
APPLICANT: Western VII Investment, LLC
c/o Eldon Ward
3555 Stanford Road, Suite 105
Fort Collins. CO 80525
OWNERS: Western VII Investment, LLC
3555 Stanford Road, Suite 202
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request to change the zoning designation of five (5) parcels totaling 65.322
acres within an approximate 155.57 acre site located at the northwest corner of Prospect
Road and Interstate — 25. The parcels are known as Interstate Lands. The rezone
request also includes two requests to amend to the City Structure Plan, (one is related to
new Plan designations and one is related to the inclusion of a section of Prospect Road
into the transit corridor) and correction of prior errors related to the application of the
current zoning district. The rezone request will involve reducing the E — Employment
District and increasing the LMN — Low Density Mixed -Use Neighborhood District. In
addition, the rezone also includes reducing the C — Commercial District with these areas
going to the'E — Employment District. Current zoning consists of C — Commercial
District (8.1 acres), E-Employment District (104.133 acres), UE — Urban Estate District
(21.3 acres), LMN — Low Density Mixed -Use Neighborhood District (15.727 acres) and T
— Transition (6.5 acres). The proposed zoning consist of C — Commercial District (5.2
acres), E — Employment District (60.7 acres), LMN — Low Density Mixed -Use
Neighborhood District (68.7 acres), and UE — Urban Estate District (21.3 acres). In
regard to the legal descriptions for the current zoning districts, the recorded descriptions
contained a typographical error resulting in areas within the Interstate Lands still being
zoned T — Transition. This request invoives correcting the zone boundaries as they
were approved by City Council in November 1997. Hence, this is a legal description
housekeeping item to bring the legal descriptions back into accordance with the adopted
zoning map. The property with the legal description in question was placed into the
current C zoning designation in November 1997 as part of a new city-wide zoning
system; however, the legal description contained an error as part of it's filing. The legal
descriptions submitted as part of this application corrects and matches the zoning
designation.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750
PLANNING DEPAI%TMENT
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Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting
Page 2
RECOMMENDATION: Denial of the Structure Plan Amendment to extend a major
transit corridor along Prospect Road.
Approval of a Structure Plan Amendment to extend a feeder
transit corridor along Prospect Road.
Approval of the Structure Plan Amendment request to change
the Plan's land use designations.
Approval of the rezone requests.
EXECUTIVE SUMMARY:
The applicant's amendment request to the City Structure Plan from "Employment
District" to "Low -Density Mixed -Use Residential" is consistent with the policies contained
in City Plan. The proposed zoning districts are consistent with the recommended
amendments to the Structure Plan, are appropriate for this property and are compatible
with existing and proposed uses surrounding the subject land. The proposed rezoning
will not result in significantly adverse impacts on the natural environment. The proposed
rezoning results in a logical and orderly development pattern providing a balance of
future employment, commercial and residential uses and services. The Interstate Lands
Structure Plan Amendment of reclassification and extension of the East Prospect Road
maior transit corridor can not be supported at this time. A final determination on this
issue should wait until the Transfort Strategic Plan is completed. However, staff will
support both a corridor extension and designation of the corridor as a "Feeder Transit
Corridor".
COMMENTS:
Background:
The surrounding zoning and land uses are as follows:
N: I, Industrial (County) — mix of commercial and industrial uses (Crossroads East
Business Center), R1, Residential (County) (Sunrise Acres)
S: C, Commercial; E, Employment; and, RC, River Conservation — undeveloped
E: C, Commercial — adjacent to 1-25 interchange (Johns Harley-Davidson); and I,
Industrial — east of 1-25
W: UE, Urban Estate, undeveloped; FA-1, Farming (County) — large lot residential;
and, R, Residential (County) — small lot residential (Boxelder First)
The property was annexed to the city as part of the Interstate Lands First and Second
Annexations in 1989, and was placed into two (2) zoning districts, the H-B, Highway
Business Zone (151.6 acres) and the R-P, Planned Residential Zone (40 acres). See
attached map of 1989 zoning district boundaries. In March 1997 the City adopted City
Plan including the City Structure Plan, the Land Use Code and the Zoning Map. At the
time of adoption of the ordinances, approximately 27 rezoning issue areas (this property
was one such issue area) were identified where either the property -owner and/or the
Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
• March 16, 2000 P & Z Meeting
Page 3
adjacent property -owners and residents did not agree with staff's recommendation for
the zoning of an area or a piece of property. Rather than delay the adoption of the new
Land Use Code until all the issues could be resolved, the issue areas were guaranteed
a rezoning process following the adoption of the ordinances. Prior to adoption of the
ordinances, the owner of this property was offered two (2) choices for the temporary
zoning of the property: accept staffs recommendation for the LMN — Low Density Mixed -
Use Neighborhood District, or place the property into the T — Transition Zone. The
property/owner selected the second option.
To finalize the zoning of the subject property, the City Council adopted Ordinance
No.170, 1997, on November 4, 1997, when it changed approximately 191.6 acres from
UE — Urban Estate, the C — Commercial, and T — Transition designations and rezoned it
to C — Commercial District, E-Employment District, UE — Urban Estate District, and LMN
— Low Density Mixed -Use Neighborhood District (see zoning map).
2. Request for Structure Plan Amendment
The requested rezone to Low Density Mixed -Use Neighborhood District (LMN), is not
consistent with the City Structure Plan designation for the site. A portion of the
requested Low Density Mixed -Use Neighborhood District (LMN) zoning currently lies
within the area identified as "Employment District" on the Structure Plan Map. Before
• considering the requested LMN zoning, a Structure Plan amendment to Low -Density
Mixed -Use Residential is required. The applicant has submitted a request and
justification for the amendment, and a request to amend the City's transit corridor by
extending the corridor east to I — 25 to include the portion of Prospect Road (an arterial
road) fronting the applicant's frontage. The applicant has cited City Plan Community
Goals, and City Plan Principles and Policies as justification for the requested Structure
Plan amendments. The applicant has successfully demonstrated how the Community
Goals, Principles, and Policies of City Plan support a change in the Structure Plan to
Low Density Mixed -Use Residential.
3 Analysis of Request for Structure Plan Amendment
This Structure Plan amendment application must be decided based on the duly adopted
goals and policies set forth in the City's City Plan. The City's task, albeit difficult, is to
promote the larger public interests without eliminating the applicant's property rights.
Opponents will probably argue that the City should continue to restrict the owner's use of
the property and promote a larger "public interest" which envisions the establishment of
an E — Employment District.
According to the applicant, the area located west of Interstate 25 and north of Prospect
Road is developing and certain trends have emerged that are consistent with City staff's
original vision of the area. The applicant contends that the extension of a transit corridor
encourages through traffic movements as a means to achieve the described urban
design character and integrates the subject area with the surrounding neighborhood and
the City as a whole.
Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting .
Page 4
Although the petitioner would clearly benefit from the re -designation of East Prospect as
a "major transit corridor" and the corresponding proposed transit corridor extensions, it is
inappropriate for staff to support such a change at this time, as written.
Staffs position on the reclassification of the transit corridor to a "Major" (actually "High
Frequency Corridor") is that the proposed land use activities on the periphery of the city
would not support a "High Frequency Corridor." However, staff will support both a
corridor extension and designation of the corridor as a "Feeder Transit Corridor".
Feeder transit corridors are routes that feed into High Frequency Transit Corridors.
Based upon review of the applicant's Burden of Proof narrative, the Structure Plan
amendment to change the land use designations relates reasonably to cited City Plan
goals for the requested change from Employment District to Low -Density Mixed -Use
Residential (see attached Request for Amendments to Structure Plan). Staff concurs
with the applicant's cited policies that the extension of the Low -Density Mixed -Use
Residential is logical and is consistent with City Plan policies.
4. Petition For Rezonino
The applicant, Western VII, filed a rezoning petition with the city on January 14, 2000.
The applicant is requesting a rezone for a portion of land from C — Commercial District to
E — Employment District. In addition, the applicant has requested rezoning a portion of
land from E — Employment District to LMN — Low Density Mixed -Use Neighborhood
District.
5 Provisions of the C — Commercial District
The purpose of the C Zoning District is spelled out in 4.17(A) of the Land Use Code
where it states that the district "... setting for development, redevelopment and infill of a
wide range of community and regional retail uses, offices and personal and business
services. Secondarily, it can accommodate a wide range of other uses including
creative forms of housing.
While some Commercial District areas may continue to meet the need for auto -related
and other auto -oriented uses, it is the city's intent that the Commercial District
emphasize safe and convenient personal mobility in many forms, with planning and
design that accommodates pedestrians. "
Rezoning the property from C to E would extend the E district that exists to the west.
Land uses permitted in the C zoning district are similar with those in E zoning district.
6. Provisions of the E — Employment District
The purpose of the E Zoning District is spelled out in 4.22(A) of the Land Use Code
where it states that the district "... is intended to provide locations for a variety of
workplaces including light industrial uses, research and development activities, offices
•
•
Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting
Page 5
and institutions. This District also is intended to accommodate secondary uses that
complement or support the primary workplace uses, such as hotels, restaurants,
convenience shopping, child care and housing."
"Additionally, the Employment District is intended to encourage the development of
planned office and business parks, to promote excellence in the design and construction
of buildings, outdoor spaces, transportation facilities and streetscapes; to direct the
development of workplaces consistent with the availability of public facilities and
services; and to continue the vitality and quality of life in adjacent residential
neighborhoods. "
The property was zoned E — Employment District in 1997 at the property owners
request.
7. Provisions of the LMN — Low Density Mixed -Use Neiahborhood District
The purpose of the LMN zone as described in Section 4.4(A) of the LUC states that it is
" .. is intended to be a setting for a predominance of low density housing combined with
complementary and supporting land uses that serve a neighborhood and are developed
and operated in harmony with the residential characteristics of a neighborhood. The
main purpose of the District is to meet a wide range of needs of everyday living in
neighborhoods that include a variety of housing choices, that invite walking to gathering
places, services and conveniences, and that are fully integrated into the larger
community. A neighborhood center provides a focal point, and attractive walking and
biking paths invite residents to enjoy the center as well as the small neighborhood parks.
Any new development in this district shall be arranged to form part of an individual
neichborhood. "
Rezoning the property to LMN would extend the existing LMN district that exists to the
west of the request.
8 Land Use Code Criteria For Rezoning
Section 2.8.4[H][2] of the Land Use Code outlines mandatory requirements for quasi-
judicial rezonings. This section states:
"Any amendment to the Zoning Map involving the zoning or rezoning of six
hundred forty (640) acres of land or less shall be recommended for approval by
the Planning and Zoning Board or approved by the City Council only if the
proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood
surrounding and including the subject property."
In addition, Section 2.8.4[H][3] outlines additional considerations for quasi-judicial
rezonings:
•
Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting
Page 6
"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'
(c) whether and the extent to which the proposed amendment would
result in a logical and orderly development pattern."
9. Analvsis of Rezoning Request
a. Is the request consistent with the City's Comprehensive Plan?
The request to zone a part of the Employment District to LMN — Low Density
Mixed -Use Neighborhood District, is not consistent with the approved City
Structure Plan designation for the site (Employment District). Before considering
the requested LMN zoning, a Structure Plan amendment to E — Employment is
required (see Sections 2 and 3 above). The applicant has submitted a request
and justification for an amendment to the Structure Plan, which is attached. The
applicant has cited City Plan Community Goals, and City Plan Principles and
Policies as justification for the requested Structure Plan amendment and has
successfully demonstrated how the Community Goals, Principles, and Policies of
City Plan support Plan Amendment to Low -Density Mixed -Use Residential. The
requested rezone is consistent with the recommended Structure Plan
Amendments.
The property proposed for rezone from C to E is consistent with this Structure
Plan designation of Employment.
b. Is the rezone request compatible with existing and proposed uses surrounding
the subject land and is it the appropriate zone district for the land?
The requested zoning is compatible with all existing land uses. The property is
surrounded on one side with land that is already zoned LMN, so
changing/enlarging the property to LMN (decreasing the E — Employment
District) would be compatible. The property is a logical extension of an existing
piece of the LMN zoning district. Properties to the west of present LMN zoned
lands are UE — Urban Estates and R1 — Residential (County). Moderate intensity
residential uses that are supportive of commercial and employment activities
would be compatible with the existing surrounding land uses, since lands to the
west are residentially zoned and developed. Based on the purpose stated in the
Land Use Code for the LMN zoning district, these non-residential uses should be •
developed and operated in harmony with the residential characteristics of
Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting
Page 7
surrounding neighborhoods and would be appropriate uses for LMN land.
Further, the extension of the E — Employment zoning district to the east is a
logical extension of an existing piece of property currently zoned E.
c. Will the rezoning result in significantly adverse impacts on the natural
environment?
The property is bisected by Boxelder Creek, although it is out of the floodplain.
Boxelder Creek may be part of a wildlife movement corridor. During
development review a buffer will be required along Boxelder Creek. Although
there are no wetlands on the site, there are existing wetlands on adjacent
property to the west. At this time there is no way of determining the use and
value of these wetlands. This analysis will occur at the time of a Project
Development Plan. Current air quality and noise levels along Prospect Road and
1-25 would not change significantly as a result of any development that would be
allowed due to this rezone.
d. Will the rezoning result in a logical and orderly development pattern?
This property is located within a developing area of the City of Fort Collins and
Larimer County, and should it further develop, would be able to utilize the
existing logical and orderly development pattern provided by the site's proximity
to Interstate-25 (1-25), Prospect Road, Sherry Drive, Surry Lane, Boxelder Drive,
Kenwood Drive and 1-25 frontage road already in place. However, the
boundaries separating the proposed LMN and E zone districts are configured
irregularly. As a condition of approval, the zoning district boundaries should not
be used as justification for approval of any development plan on the property.
Further, future land use(s) will be limited to those permitted in the respective
zone districts.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the Interstate Lands Rezone and Structure Plan Amendment - Current
Planning File #34-88D, staff makes the following findings of fact and conclusions:
1. The applicant's request for an amendment to the structure plan adequately justifies
changing the structure plan designation from "Employment District" to "Low -Density
Mixed -Use Residential," and such a change is supported by the City's
Comprehensive Plan.
2. The Interstate Lands Structure Plan Amendment of reclassification of the transit
corridor to a "Major" (actually High Frequency Corridor") for East Prospect Road can
not be supported at this time. Staff will suppo
rt both a corridor extension and
designation of the corridor as a Feeder Transit Corridor".
•
i
Interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting
Page 8 0
3. The Interstate Lands Rezone from "Commercial District (C)" to "Employment District
(E)" is consistent with the City's Comprehensive Plan.
4. The Interstate Lands Rezone from "Employment District (E)" to "Low Density Mixed -
Use Neighborhood District (LMN)" is consistent with the City's Comprehensive Plan.
5. The proposed rezoning is compatible with existing and proposed uses surrounding
the subject land. Future land use(s) will be limited to those permitted in the
respective zone districts.
6. The proposed zoning district is appropriate for this property.
7. The proposed rezoning will not result in significantly adverse impacts on the natural
environment.
8. The proposed rezoning results in a logical and orderly development pattern.
9. The legal description filed in 1997 contained an error as part of it's filing. This
request provides the needed legal fixes to correct previous surveying errors related
to the application of the current zoning district.
RECOMMENDATION: 0
Based on the substantial evidence in the record and the above findings for Request for
Structure Plan Amendment and Rezonina Petition:
1. Staff recommends that the Planning and Zoning Board recommend that the City
Council approve the applicant's request to amend the Structure Plan from
Employment District to Low -Density Mixed -Use Residential with the following
condition:
A. The irregular zoning district boundaries shall not be used as justification for any
future development proposal.
2. Staff recommends that the Planning and Zoning Board recommend that the City
Council deny the applicant's request for reclassification and extension of a major
transit corridor for East Prospect Road.
3. Staff recommends that the Planning and Zoning Board recommend that the City
Council approve a corridor extension and designation of the corridor as a "Feeder
Transit Corridor" for East Prospect Road.
4. Staff recommends that the Planning and Zoning Board recommend that the City
Council approve the applicant's Rezone Petition request to rezone the subject area
from Commercial District zoning to Employment District zoning.
0
interstate Lands Rezone and Structure Plan Amendment, Current Planning file # 34-88D
March 16, 2000 P & Z Meeting
Page 9
5. Staff recommends that the Planning and Zoning Board recommend that the City
Council approve the applicant's Rezone Petition request to rezone the subject area
from Employment District zoning to Low -Density Mixed -Use Residential zoning.
•
•
•
• ATTACHMENT C
0 REQUEST FOR AMENDMENTS TO STRUCTURE PLAN
Western VII Investment, L.L.C. (the "Applicant") is the owner of approximately 155.57
acres of undeveloped property northwest of the Interstate Highway 25 ("I-25") interchange at
Prospect Road (the "Property"), which Property is a portion of the tract known as Interstate Land.
With the adoption of the City Structure Plan in February, 1997, the City designated the
Applicant's Property as a "Low -Density Mixed -Use Residential District" with a narrow edge of
"Rural/Open Lands and Stream Corridor" on the south and east, generally following the Boxelder
Creek. City Staff had envisioned the area as primarily residential and intended to also zone the
Property for residential development. The Applicant did not then have any special plan for
development and being uncertain of the appropriateness of the site for such a significant amount
of residential zoning, desired to retain some of the flexibility and uses of the current Highway
Business (H-B) zoning, "downsizing" from H-B to E. Therefore, the Property was identified as
an "issue" area and zoned Transition (T). Following months of discussion, and in conjunction
with a rezoning of the Property into the Employment (E) and L-M-N zoning districts in
November, 1997, the City Structure Plan was amended to change the land use designation for a
majority of the Property from "Low -Density Mixed -Use Residential District" to "Employment
District".
Since the 1997 Structure Plan changes, the Applicant has kept a watchful eye as
development activity in the east and northeast has intensified and certain trends have emerged,
many of which are consistent with City Staff's original vision for the area. The Applicant
believes that the current designation of such an extensive "Employment District" no longer
reflects how the City is actually evolving and, because the I-25/Prospect Road interchange area
remains largely undeveloped, also believes that there now exists a unique opportunity to redefine
the land use designations to set the stage for future development in a manner consistent with the
vision, goals and objectives of City Plan. The Applicant proposes that the following factors
should be considered in your review of this request for amendments to the Structure Plan:
Housing Needs
Additional housing opportunities in the northeast will complement existing employment
and commercial centers along Mulberry Street and East Prospect Road and the developing
commercial, industrial and service -related centers along the I-25 corridor and in the Mountain
Vista Planning Area, helping to balance the ratio of housing to jobs. The completion of the
Mountain Vista Subarea Plan and the identification of a future high school site just east of I-25
on Prospect Road is evidence of projected growth in the northeast that will, in turn, create more
demand for housing. During the Mountain Vista Subarea Plan discussions, staff emphasized the
imbalance of residential to non-residential uses in the northeast quadrant of the City and the need
for significantly more residentially -zoned ground, especially in areas close to employment and
commercial opportunities. This Property is one of only a few larger parcels in the northeast
which meet these goals.
Complicating this need for residential development is the existence of numerous natural
resource areas (Boxelder Creek, Cooper Slough, Lake Canal, Larimer and Weld Canal, Cache la
Poudre River and numerous drainage and irrigation ditches, reservoirs, ponds and wetlands), the
L-1
protection of which limits the amount of land available for building homes.
placement of new residential neighborhoods in the northeast will improve The p g Prove the
housing-ta jobs balance, decrease potential commuting time to employment and commercial
centers. and provide residents opportunities to utilize alternative modes of travel. Particular
attention must be given, however, to providing an appropriate buffer for the existing large -lot
County subdivisions immediately west of the Applicant's Property, and to providing a
progressive transition from the urban estate neighborhoods, to low density, employment and
finally commercial uses.
Citv Entrance Opportunities
The fact that the I-25/Prospect Road interchange is still largely undeveloped gives the
City and the Applicant a unique opportunity to develop the immediate area with a true City Plan
character. It is possible to create a new urban "place", a mixed -use, walkable "town" setting,
with the natural resources serving as a backdrop and further invitation into the heart of the City.
Need for Neighborhood Services
The placement of a true mixed -use neighborhood near the I-25/Prospect Road interchange
will create a need for neighborhood -related services that can be easily accommodated by the
existing Commercial District which is immediately adjacent.
Transit Opportunities
The location of a new high school and the supporting neighborhoods and commercial
development highlights the need to reexamine the Prospect Road corridor as a potential major
transit corridor. At present there is a lack of planned transit serving major employment and
commercial areas in the East Prospect corridor, particularly the "Riverway" and "Highway
Corridor" district defined in the Prospect Road Streetscape Program.
In an effort to implement what the Applicant believes to be the desired direction of future
growth and to define the structure and basis for specific rezoning to govern development of the
Property, the Applicant requests one primary amendment (# 1) and four ancillary amendments
(42-5) to the City Structure Plan, as follows:
Change the land use designation for approximately one-half of the "Employment
District" to a "Low -Density Mixed -Use Residential Neighborhood" designation.
Please see the attached map entitled "Structure Plan Amendment" for the
approximate boundaries of these proposed neighborhood designations. The
Applicant is retaining approximately 60.7 acres of "Employment District"
adjacent to the proposed residential neighborhood to provide employment
opportunities for its residents and an appropriate transition to the Commercial
District.
0
• 0
Designation of a "Low-Densitv Mixed -Use Residential Neighborhood" at
this location is consistent with the following Community Goals for Land
Use, Transportation, Community Appearance and Design and Housing
(See City Plan, Community Vision and Goals 2015, pages 15-16, 23-25,
32 and 43):
... Growth will be distributed throughout the city, to both new and
existing urban areas... Our neighborhoods will have a mix of land uses
and different housing types ... Existing residential neighborhoods will be
protected against development that is incompatible ... A well -developed
system of connections - walkways, bikeways, and streets - throughout the
community will link land uses and travel within and beyond Fort Collins.
.. Fort Collins will promote mixed -use development so there is less need
for people to travel, and so distances traveled are shorter ... Our City will
manage its development in a manner that minimizes automobile
dependence by its population and work force ... Residential .
neighborhoods will develop as interconnected parts of the broader
community, extensively linked to a generous range of settings and
activities ... our neighborhoods will include a variety of housing types to
support a diverse population and allow people of different ages, cultures,
races and incomes to live in each neighborhood.
Designation of a "Low-Densiry Mixed -Use Residential Neighborhood" at
this location is also consistent with the City Structure Plan choices to
increase residential densities and locate housing next to commercial areas
and/or along existing or future transit routes (See City Plan, Structure
Plan, page 73) and the following City Plan Principles and Policies:
LU-1.1
AN-2.1
LU-2.1
LMN-1.1
T-4.1
LMN-1.2
T-5.1
LMN71.3
ECON-1.4
LMN-2.1
HSG-1.1
ED-1.4
HSG-1.4
TC-4.4
ENV-1.21
NOL-1.2
GM-7.1
AN-1.1
2. Change a small area on the western edge of the Property designated as "Low -
Density Mixed -Use Residential Neighborhood" to an "Urban Estate
Neighborhood" designation. Please see the attached map entitled "Structure Plan
• Amendment" for a comparison of the existing and proposed designations;
0 •
Changing this area will extend the existing Urban Estate designation
further north and will provide additional buffer between the Low -Density
Mixed -Use Residential Neighborhood and Industrial Districts to the north
and will correspond with the following Community Goals for Land Use
(see City Plan, Community Vision and Goals 2015, page 16):
...Our neighborhoods will have a mix of land uses and different housing
types... Existing residential neighborhoods will be protected against
development that is incompatible.
This amendment is also consistent with the following City Plan Principles
and Policies:
AN-3.3 EXN-1.1
LMN-1.3 RD-3.1
Extend the Transit Corridor on East Prospect Road further west to County Road 5,
then north to State Highway 14 (Mulberry Street), and then back west on State
Highway 14 (Mulberry Street) to the Interstate Highway 25 ("I-25") interchange.
This extension of the transit corridor is consistent with the following
Community Goals for Transportation (see City Plan, Community Vision
and Goals 2015, pages 25-26 and 28):
...Land Use decisions regarding the form and character of the city will
ensure that our transportation will support many modes of travel. Also,
transportation decisions will be consistent with, and support, our land use
goals... (S)ystem of transportation corridors providing connectivity
within the community ...Our City will manage its development in a
manner that minimizes automobile dependence by its populace and work
force ... Our Master Transportation Plan will provide for connections to
county, state and national transportation corridors ...Our community will
have a comprehensive public transit system ...Key corridors will be
identified for intensive transit development.
The extension is also consistent with the Transportation Choices of the
Structure Plan:
"Activity centers" in our neighborhoods and districts - - including our
places of work and shopping- - will be designed to support a variety of
modes of transportation... Our transportation corridors will link our
destinations and activities (see City Plan, Structure Plan, page 75).
•
•
This amendment is also consistent with the following City Plan Principles
and Policies: 0
•
•
0
T-1.1
ED-2.1
T-1.5
ED-2.4
T-2.1
TC-1.1
T-2.3
TC-1.3
LMN-2.8
TC-4.2
TC-4.4
4. The last item is technically not a Structure Plan Amendment but a requested
acknowledgment that the Commercial Corridor Districts located at I-25
interchanges will include the types of uses allowed in a Neighborhood
Commercial Center and a Community Commercial District.
nhK'Ue-UU 1 MU U4; l U t'ri t HA NU. ` . v i'
• • ATTACHMENT D
Exhibit I3
to
INTERSTATE LAND REZONING PETITION
Justification for Rezoning Petition
Western VIJ Investment, L.L.C. (the "Applicant") is the owner of approximately 155.57
acres of undeveloped property northwest of the Interstate Highway 25 (1-25") interclk�rtge at
Prospect !toad (the "Property"), which Property is a portion of the tract known as Interstate Land.
All of the Property that is subject to this rezoning petition is located north of Prospect Road,
north and west of the 1-25 Frontage Road, cast of two County developments (Boxeldcr Estates
and Sunrse Acres) and south of Crossroads East Business Center, also a County development.
After the annexation of Interstate Land in 1989 and until the adoption of City Plan in
March, 1997, the Property was located in two zoning districts: approximately 34.6 acres on the
western edge <djacent to the larec-lot County- developments of Boxeldcr Estates and Sunrise
Acres tvai zoned R-P, Plam,ed Residential; the balance of the Property, approximately 157.8
acres, was placed in the II-B, Highway Business zoning district.
With the adoption of City Plan, the western edge of the Property was rezoned Urban _
Estate: (U-E) to maintain the bulTer for the County developments, and the parcels on both sides of
the 1-25 Frontage Road were placed in the Commercial (C) zoning district. Because there «Ms
uncertainty as to the appropriate zoning for the balance of the Property, approximately 152 acres
bctiveen the I;-E, and C zones, this portion was identified as an "issue" area and zoned Transition
(1'). Ahliou;,,h the City's Advance PIanning Department believed the appropriate use for the
Transition property to be residential. most of the Property (104.13 acres) was ultimately zoned
Hmployment (E) while 15.7 acres adjacent to the TT-E zone was zoned Low Density Mixed Use
Ncitlihorbood (L-M-N) in November, 1997. Although a range of residential uses arc allowed in
the E zone, this zoning clacsii-tcation also permits the incorporation of commercial and business
uses, as were previously allowed in the I1-B zone,
Willi the increase in development activity in the City's east and northeast quadrants, the
adoption of the Mountain Vista Subarea Plan and the recent focus on planning; for the I-25
corridor and interchanges, the Applicant has determined that a portion of the E zone (identified
a; Parcel 1) could be more appropriately utilized for transition and development if it was rezoned
to L-M-N.
The Applicant also proposes to rezone four small irregular parcels (identified as Parcels
2. 3, 4 and 5) within the Property to correct legal description discrepancies and irregularities of
the previous re onings.
Parcel 2 is part of a small 5.2 acre area located bcm cen Boxeldcr Creek and the Frontage
Road. Parcel 2 appears to be in the Transition (T) zone, while the remainder of the area is
zoned Commercial (C). It is assumed that the intent was not to assign two different
0
0
zotinb dasiguations to this area, and that this has resulted from errors in the Iegal
descriptions on a prior rezoning. It is proposed that Parcel 2 be rezoned to Commercial i
(C), so it can be developed with the remainder of this area.
Parcel 3 appears to be in the Coirmcrcial (C) zoning district, obviously resulting frocn
errors on the prior rexonings. This small parcel of only .65 acres is sandwiched between
the: Frontage Road and Parcel 5, which was unintentionally le[t in the Transition CI) zone.
It is requested that Parcel 3 be rezoned to the same zoning designation as Parcel 5, since
Parcel 3's small size would not be able to accommodate any Commercial use.
Parcel is in the Commercial (C) -none. The small size of Parcel 4 (5.2 acres), coupled
with its extensive natural features (creek, ditch, trees) could limit access and possible
development options as a commercial use. It is proposed, therefore, that this parcel be
added to the existing Employment (L,) district. Because up to 25% of property zoned E
can be utilized for multi -family residential, designation of this parcel as Employment (E)
would allow sufficient acreage for a reasonable amount of this type of residential within
the Employment (E) area, which in turn provides a more appropriate transition from
Employment (E) to the Low Densiry ,Mixed -Use Neighborhood (L-1M-N) directly to the
west.
Parcel 5 appears to be in the Transition (T) zoning district. Mistakes in the legal
descriptions oi'the prior rezoning resulted in this parcel being left in the Transition (T)
zone unintentionally. While the parcel could be rezoned to either Commercial (C) or
Employment (E), the Applicant believes that it would be more appropriate to add this
acreage to the adjacent Employment (E) area for integration into its development, since a
parcel of this size zoned Commercial (C), particularly given its long narrow shape, would
be virtually unusable in this location.
The primary justification for the rezoning of Parcels 2, 3, 4 and 5 is to correct mistakes
and the irregularities which resulted from the prior zonings and were clearly not intended. A
review of the ' xistinr & Proposed 7_oniug Boundaries" map submitted with this Petition
illustrates both the necessity for these rezoninrs as well as the appropriateness of the proposed
7011C for each parcel.
The justification for the rezoning of Parcel i is explained in great detail in the request for
amendments to the Structure Plan that accompanies This Rezoning Petition. The rczoning of
Parcel I to I.-M-N will make the zoning of the Property consistent with its Structure flan land
use designation. In addition, the rexoninb of all five parcels complies with the folIowina
standards for quasi judicial rezonings set forth in the Land use Code at Section 2.9.4(I.1)(2) wid
(3):
The rezoning is consistent with the C'ity's Comprehensive Plan.
The underlying themes and purposes of the City's Community Vision and Goals,
Siructitre Plan and Principles and Policies, reflect the desire of the cornmututy to have compact
land use patterns consisting of a series of functional districts and activity centers to provide for
the employment, senZce, civic and social steeds of its citizens. It is envisioned that these districts
will be accessible by all modes of travel, while protecting the desirable attributes of our
commututy. Furthermore, the correction of the mistakes and irregularities as to the small pockets
of property (I'arcels 2, 3, 4 and 5) and the consolidation of these parcels into existing zoning
districts which have been found appropriate will more effectively accomplish the land use goals
for the overall arc«, ;►iving consideration to the existing development, road alignments and
natural features. The retuning of all of the parcels to allow for a more balanced neighborhood
and mix of uses will advance the Comprehensive Plan's overall vision and, more specifically,
will be consistent with the following Principles and Policies:
LU-1.1 l I -2.1
I.U-2.1
T-4.1
T-5-1 LNNI -1.3
33-CON-1.4 L&IN-2.1
HSG-l.l Fn-1.4
HSG-1.4 TC-4.4
E'\' V- 1.21
NOL-1.2
GM-7.1
AN-1.1
The rezoning will be compatible with existing and proposed uses surrounding the Property
and is the appropriate zoning; district for the Property.
The challenge in this area is to incorporate land uses which are compatible both with
intensive 1-25 commercial uses as weli as large -lot County uses. The proposed rezoning of
Parcel I does This well by keeping the U-E buffer and gradually transitioning to the more intense
uses of 1,-M-N, F and C. Rezoning of the four remaining, parcels as proposed will eliminate the
small pockets of incorrectly and inappropriately zoned property, allowing the entire -tract to
develop under one comprehensive plan.
The rezoning will not result in significant adverse impacts on the natural environment or
the functioning of the natural environment.
In fact, the rezoning, because it will provide better transition uses to the many significant
natural areas within and adjacent to the Property, is expected to bave less of an impact on the
natural environment. Also, due to the City's buffer, and mitigation requirements in this area,
which apply to development in all zones, there should be no sipnifcant adverse impacts.
The rezoning will result in a logical and orderly development pattern.
llic rezoning of Nu•c::l 1 from E to L-M-N will prmide a logical and very orderly land
use transition between the County large -lot developments and U-E, zone to the F. zone. The
rezoning ol*thc four remaining parcels as proposed corrects prior mistakes and irregularities,
possibly eliminating some oFthe planning and design challenges that could result from the
existing zoning configuration.
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ATTACHMENT I
• •
Planning and Zoning Board Minutes
March 16, 2000
Page 1IJ
Project: Interstate Lands Rezone and Structure Plan Amendment, #
34-88D
Project Description: Request to change the zoning designation of five (5) parcels
totaling 65.32 acres within an approximately 155.57 acre site
located at the northwest corner of Prospect Road and
Interstate 25. The changes would also include an
amendment to the Structure Plan Map.
Recommendation: Denial of the Structure Plan Amendment to extend a major
transit corridor along Prospect Road.
Approval of a Structure Plan Amendment to extend a feeder
transit corridor along Prospect Road.
Approval of the Structure plan Amendment request to
change the Plan's land use designations.
Approval of the rezone requests.
Hearing Testimony, Written Comments and Other Evidence:
Ron Fuchs, City Planner gave the staff presentation. He reported that the current
Structure Plan designation is predominately commercial, employment, low density
mixed use neighborhood and urban estate. The applicant is proposing three Structure
Plan amendments. One Structure Plan amendment would expand the UE zone into
currently LMN zoning. He stated that his staff report did not reference it, but the
narrative did refer to it. The applicant is also proposing decreasing the employment
area and re -designating it low density residential. The third Structure Plan amendment
is extending a major transit corridor along Prospect Road north and south along County
Road 5 and then connecting up to Mulberry (Highway 14).
Planner Fuchs stated that the applicant was proposing two rezones. One is increasing
the size of the LMN, Low Density Mixed Use Zoning District to the east and
incorporating some of the employment areas. Also, increasing the E, Employment
District with lands from the presently zoned commercial area. The requests includes
cleaning up some legal descriptions.
Planner Fuchs stated that Staff recommended approval of the Structure Plan
amendments and the rezone requests, except for the applicants proposal for a major
transit corridor. Staff recommends that it be referred to as a "feeder line".
Member Craig asked why staff was approving this. She stated that when this came
before the board in 1997, staff approved employment, and now she was wondering why
Planning and Zoning Board Minutes
March 16, 2000
Page 2
staff was approving going back to LMN. She asked why staff felt this was better than
employment.
Planner Fuchs responded that staff was recommending approval because there has
been a number of changes that have been occurring since the subject property was
zoned. There was a potential use of the surrounding area and farther to the east, there
is a proposed school. Staff feels that there should be more residential zoned properties.
Staff also felt as though the applicant has justified the proposed changes.
Member Craig asked if just because the School District bought some land and are
speculating putting a school there was justification enough to change the zoning
designation on the Structure Plan Map.
Director of Current Planning Bob Blanchard responded that the purchase of the high
school property is not the sole reason. The applicant in his request for the Structure
Plan amendment also cited a number of City Plan policies and staff felt they were valid.
He stated that it was staffs feeling that while there is a changed situation, there are
policies in City Plan that can support any number of plan designations, including the
expansion of single family residential.
Member Craig asked if staff was saying that there are City Plan policies that can justify
employment and then there are City Plan policies that can justify LMN, but staff felt
strong enough about the school property that they felt the LMN was more appropriate.
Director Blanchard replied that it was a question — he did not know whether it was
feeling strongly enough about the purchase of the property, but that was one element
that indicated that there were some changes in the area that were anticipated that we
need to plan for. That warranted using the plan policies that supported single family to
expand that area to a certain degree.
Eldon Ward, Cityscape Urban Design, representing the applicant, gave a presentation
on the proposed changes. He gave a history of the zoning on this property and the
changes that were made during City Plan, and how the zoning that is in place today was
arrived at. Mr. Ward stated that the policies support a mix of zoning in this area. City
policies do not specify 'Y' number of acres of employment versus low density mixed use
residential, which is not all residential.
Mr. Ward noted that in looking back at the Planning and Zoning Board minutes for this
rezoning in 1997, the board comments stating the opinion that the zoning would be
better if the LMN area was larger. He stated that the reason they have come forward at
this time, was because last fall the owner was approached by a potential developer of
r]
0 •
Planning and Zoning Board Minutes
March 16, 2000
Page 3
the site. He agreed with the conclusion that a larger residential district was needed to
make a real neighborhood consistent with the goals of City Plan for this area.
Mr. Ward stated they did hold a neighborhood meeting on the proposed changes, and
the potential developer of the property dropped out shortly before the neighborhood
meeting. The neighbors were told that the likelihood of an imminent development
proposal is not as high as they thought it was. Mr. Ward noted that there still is interest
in this property. Mr. Ward stated that there were a large number of positive comments
about the direction that they were headed with the change in zoning and creating the
opportunity to have a large enough residential area to do a good mixed use
neighborhood with density stepping down toward the neighborhood.
Mr. Ward concluded by saying that based on their evaluation, the work they have done
with staff, previous board comments, and the results of the neighborhood meeting; they
feel that their request for both the Structure Plan Amendment, with the modification that
staff has recommended of, "feeder transit" rather than "high frequency", and their zoning
request are appropriate and are a positive change in this area.
Member Craig asked Mr. Ward to explain what the current zoning on the property is by
acreage, and what they are proposing by acreage.
Mr. Ward responded that the Urban Estate Area is unchanged both in area and
configuration, the existing E, Employment District is just over 104 acres, the existing
LMN District is only 15.7 acres, the existing C, Commercial is 8.1 acres. The proposed
C, Commercial, with the proposed boundary line changes is 5.2 acres. The proposed
change would be 68 acres of LMN and 60.5 acres of E, Employment.
PUBLIC INPUT
Lloyd Warrington, 713 Verde Avenue spoke about his concerns with transportation and
safety problems. He was concerned with the amount of traffic on Prospect Road and
the 1-25 interchange. He was also concerned with additional traffic in Sunrise Acres
when this property is developed. Mr. Warrington was also concerned with the canals
and the safety of the children that would be living out there. He felt streets and roads
should be looked at before development occurs.
Phil Oaks, 3438 Boxelder Drive spoke about his concerns with drainage in the area. He
spoke about the ground water being high in this area and was concerned with
developing this area and where the water would flow. He asked the Planning and
Zoning Board to consider working into the plan some kind of improved drainage plan
into the Cooper Slough area. Mr. Oaks shared his neighbors concerns with the
increased traffic on Prospect. Mr. Oaks stated that the Boxelder Estates homeowners
Planning and Zoning Board Minutes
March 16, 2000
Page 4
oppose any kind of connection or extension of Boxelder or any other drives from
Boxelder subdivision to any development to the east.
Walt Cummings, lives on Sherry Drive, spoke about his concerns with the ditches and
flooding in the area. Mr. Cummings also commented about traffic safety in the area.
Public Input Closed
Vice Chair Gavaldon asked Director Blanchard to explain what criteria is to evaluate this
project.
Director Blanchard reviewed the Land Use Code criteria for the board. He reminded the
board that the Structure Plan amendments must be approved prior to voting on the
rezoning request.
Vice Chair Gavaldon offered the applicant a rebuttal to the citizen comments.
Mr. Ward stated that they had their traffic engineer look at the developable area within
this property and look at the difference between expected development under the
existing zoning pattern, and the expected development under the proposed zoning
pattern. The average daily trips were expected to be about 30% less with the proposed
zoning pattern than with the existing zoning pattern. They were lowering the intensity of
development. Mr. Ward added that these are the issues that would be looked at at the
time of the project development plan. Mr. Ward stated that they are aware of the issues
raised by the neighbors and would address them at the time of a development proposal.
Member Carpenter was concerned about the employment area and that there had been
problems finding large enough sites within the city to designate as employment areas
when the Structure Plan was created to set aside real employment districts for the
larger employers. This property to her, was one of them. It concerned her to carve it up
and bring it down to a smaller size.
Member Craig asked Mr. Ward what they were using as their justification for the change
of conditions within the neighborhood. The reasons why this property should not be
zoned employment and should be zoned more LMN.
Mr. Ward replied there were three areas they looked at for a change in condition.
• One, largely through the Mountain Vista Sub Area Plan, looking at balancing jobs
and housing. If you look at the 1-25 Corridor area, there are massive areas of
commercial, industrial, and employment ground. Precious few opportunities for
residential neighborhoods. What that implies is that all the people who are working
•
• •
Planning and Zoning Board Minutes
March 16, 2000
Page 5
and shopping areas will have to drive across town to get there because we are not
providing any opportunities for people to live closer to these jobs in these
commercial areas. The change in condition is an awareness of trying to come closer
to balancing jobs and housing.
• The second, as was commented on earlier, was the likelihood of having a high
school site.
• The third is some further definition of the natural areas and open space
requirements and floodplains, the Cooper Slough, the area between the ditches and
Boxelder Creek and the likely need to buffer those areas. They see this as a change
in condition because it is something that was not known three years ago. It is still
being defined, but it is clear that there will be some open space buffers out there that
will impact the viability of that existing LMN area.
Member Carpenter asked Mr. Ward if part of the existing LMN would be buffering, the
15.727 acres.
Mr. Ward replied that the confusion is that in the Land Use Code, it states that there
should be a 300 foot buffer from the Cooper Slough natural area. This site is impacted
by the Cooper Slough floodplain, but their biologist, that has reviewed the area, states
that there is no viable habitat there. So the Land Use Code says there should be a 300
foot buffer, obviously the buffer is there to protect the habitat, but the experts are going
out and saying that there is no habitat to protect. Mr. Ward stated they did not know
what they have. The buffer area would take a large bite out of the LMN area, less than
half the area.
Member Craig asked about connectivity, and asked whether connectivity can be made
with this LMN area, and whether the 5 acres purchased by the Cooper Slough
Association to buffer themselves would allow the city to cross to make connectivity.
Director Blanchard replied that at the neighborhood meeting, they had indicated that we
would have to look at the document, that was the result of the purchase of the 5 acres.
We are still in the research phase and we are not sure if we can proceed with
connectivity there or not. There was the presumption, given the information and the
homeowners purchase of that property, that connectivity could not be made. We have
learned, through discussions with the City Attorney's Office, that it is illegal to purchase
a small piece of property for the exclusive reason to avoid a road going through and
connectivity happening. In this case if is a more substantial piece of property that has
been purchased and we are still in the process of looking at the document and
researching the documentation.
0
Planning and Zoning Board Minutes
March 16, 2000
Page 6
Director Blanchard stated that if there is a legal right to connect, that there will be either
be a development plan that provides for connectivity or there will be a modification that
comes to the Board, which is required in the Code.
Member Craig asked if connectivity is required whether this property is LMN or
Employment.
Director Blanchard replied that the Code would require connectivity even if it was
employment. Connectivity is not just specific to residential development.
Member Craig moved to recommend the request for the Structure Plan
amendment;
1. That the board recommend approval of the applicant's request for the
amendment to the Structure Plan from Employment District to Low Density Mixed
Use Residential with the following condition:
A. That the irregular zoning district boundaries shall not be used as justification
for any future development proposal.
2. Denial of the applicant's request for reclassification and extension of a major
transit corridor for East Prospect Road.
3. That the board recommend denial of the "Feeder Transit Corridor" for East
Prospect Road.
Member Craig stated that her reason to recommend denial of the "Feeder Transit
Corridor" is that we already have a transit plan in place and it does not have this
"Feeder Corridor" in it. She thought that this would come up again in 2002, and she
feels like just adding a "Feeder Transit" without going through the Transportation Board
and the process that it would should go through, she was not comfortable doing it as a
recommendation.
Vice Chair Gavaldon seconded the motion.
Planner Fuchs asked if the motion also included what he noted in his presentation, that
the Structure Plan also included a change from the LMN to UE as noted in the
applicant's narrative Number 2.
Member Craig added that to the motion.
•
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• Planning and Zoning Board Minutes
March 16, 2000
Page 7
Vice Chair Gavaldon would support the motion including the denial of Number 3. He felt
there was a process for the Master Street Plan and how it is to function. He felt this
may put a wrench into the system. He could not support any recommendation on any
transit corridor without a it going through a process.
Member Carpenter stated she would also support the motion. She was still somewhat
uncomfortable losing the big piece of employment. She would trust at this point that
staff has looked at it and that we have enough pieces of employment area left.
The motion was approved 5-0.
Member Craig moved to recommend approval to City Council staff's
recommendation of the applicant's rezoning petition, to request to rezone the
subject area from commercial district zoning to employment district zoning; and
also the request to rezone the subject area from employment district zoning to
low density mixed use residential zoning with the condition:
A. That the irregular zoning district boundaries shall not be used as justification
for any future development proposal.
• Member Bernth seconded the motion.
The motion was approved 5-0.
0