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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2006 - ITEMS RELATING TO SPRING CREEK FARMS REZONING AND ITEM NUMBER: 29 A-B AGENDA ITEM SUMMARY DATE: May16, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to Spring Creek Farms Rezoning and Amendment to the Structure Plan. RECOMMENDATION Staff recommends denial of the amendment to the Structure Plan and denial of the request to rezone from MMN,Medium Density Mixed Use Neighborhood,to NC,Neighborhood Commercial,a 5.05 acre parcel located at the northwest corner of Timberline and Drake Roads. The Planning and Zoning Board voted 4-1 on April 20, 2006, to recommend denial of the plan amendment and requested rezoning. EXECUTIVE SUMMARY A. Resolution 2006-061 Amending the City's Structure Plan Map. B. First Reading of Ordinance No. 086, 2006, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Spring Creek Farms Rezoning. APPLICANT: Jim Sell Design, Inc. c/o Dave Shoup 153 West Mountain Avenue Fort Collins, CO 80524 OWNER: SC Group Investments, LLC 6300 South Syracuse Way, Suite 293 Englewood, CO 80111 This is a request to amend the City Plan Structure Plan map and a concurrent request for a corresponding rezoning. Staff finds the amendment to the Structure Plan to be inconsistent with the vision, goals,principles and policies of City Plan. The Structure Plan amendment is not warranted since the existing mix of retail and service uses found within the Rigden Farm Neighborhood Commercial Center located directly across Timberline Road provides sufficient goods and services necessary to sustain nearby neighborhoods.The rezoning fails to satisfy the criteria of Section 2.9.4 of the Land Use Code. May 16, 2006 -2- Item No. 29 A-B BACKGROUND The surrounding zoning and land uses are as follows: N: MMN and E; Vacant. Planned and approved City Police Administration Building I; Recently approved retail and industrial (Timberline Center) and existing industrial uses S: RL; Meadows East Neighborhood (single family housing), SE: NC; The Shops at Rigden Farm Neighborhood Commercial Center MMN; Rigden Farm multifamily housing LMN; Rigden Farm multifamily and single family housing, Timberline Church E: MMN: Multi-family and single family housing (Sidehill), Cargil seed research facility W: RL; Existing Parkwood East neighborhood, UP/SP Railroad tracks, city trail running adjacent(west of) the railroad tracks NW: MMN; Parkwood East Apartments, POL; Edora Pool and Ice Center, Edora Park, Spring Creek Trail. The property was annexed in November 1997 as a portion of the"Timberline Annexation." The property was later zoned in 2001, as part of the larger 55-acre Johnson Farm Rezone at the northwest corner of Timberline Road and Drake Road. This larger property was rezoned from T- Transition to a combination of MMN (30 acres), LMN(18.6 acres) and E-Employment(7.2 acres). The present 5-acre Spring Creek rezone request represents a portion of the Johnson Farm property included within the 2001 rezoning. In the 2001 rezoning, a market analysis of the site based on (then) current and future land use inventory and absorption rates was submitted as one of a number of considerations. The market analysis concluded that"this location is at a competitive disadvantage for retail or employment uses because it has no direct connection to 1-25"and that"nearby retail development in Rigden Farm will provide an attractive convenience to prospective residents within walking distance of this site". During the review of the 2001 rezone request,when the subject property received MMN zoning,the staff and Planning and Zoning Board concluded that: • the location of MMN is appropriate given the close proximity to the Neighborhood Commercial Center in Rigden Farm with the MMN neighborhood supporting the commercial uses and vice versa; • the site is well suited for MMN uses because it is on a designated future high frequency transit route; and • the location is well suited for MMN uses because of the close proximity to employment centers along Prospect, further south on Timberline, and along Harmony Road. Recently,a request for a 93,000 square foot City police services facility was approved on 7.53 acres located approximately 250 feet north of the requested rezoning area on a parcel located at the southwest corner of Timberline Road and Nancy Gray Drive. May 16, 2006 -3- Item No. 29 A-B The Planning and Zoning Board approved the Timberline Center Project Development Plan in December 2005, a mixed use project located just north of the proposed Police Services Administration Building and within the I-Industrial zone district. Specific non-residential and non- industrial uses within the Timberline Center include a convenience shopping center,general office, bank, and standard and fast food restaurants. Total gross leasable square footage within the entire development is 179,200 square feet. Land Use Code: The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the Land Use Code. Section 2.9.4 (H) (2) indicates the following: Mandatory Requirements for Quasi-Judicial Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Section 2.9.4 (H) (3) of the Land Use Code indicates the following: Additional Considerationsfor Quasi-Judicial Rezonings. In determining whether to recommend approval of any such proposed amendment, the 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 natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. APPLICANT'S REQUEST AND JUSTIFICATION: Dave Shoup of Jim Sell Design, Inc., an authorized representative of the property owner, has submitted a rezoning petition and corresponding request to amend the Structure Plan. May 16, 2006 -4- Item No. 29 A-B A summary of the applicant's reasons for the request is captured below. The applicant's more detailed written statement, along with corresponding City Plan policies and financial analyses, are attached. • The proposed amendment would slightly expand the physical size of the existing NC zone and bring the MMN zone closer to a 1/4 mile depth on the northerly boundary. This would result in a more logical and orderly development pattern. • The existing RL neighborhood to the west represents 800 acres of housing with no access to existing or planned centers between the Prospect/Lemay Center and the Harmony Corridor without crossing a major north-south arterial street. • Expanding the NC zone across Timberline will provide convenient access for the existing RL neighborhoods to the west and easy in-out access for south bound traffic on Timberline and west bound traffic on Drake. The net effect will be a reduction in vehicle miles traveled. • Expanding the NC zone across Timberline will allow more goods and services to be available to bicyclists from the west without crossing a major arterial street. • Expanding the NC zone across Timberline will allow more goods and services to be available to pedestrians from the west without crossing a major arterial street. • The planned and existing neighborhoods west of Timberline will be much better served if there are NC uses also on the west side of Timberline. • The current MMN zoning on the west side of Timberline extends north nearly a half-mile from Drake. This would be brought more in line with this Policy if the subject property were rezoned to NC. • The existing RL neighborhood and the currently MMN district to the west, have no access to the existing Rigden Center without crossing Timberline. STAFF ANALYSIS: City Plan Structure Plan Map Minor Amendment: The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic pattern of development, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the L-shaped subject parcel at the northwest corner of Drake and Timberline Roads as Medium Density Mixed Use Neighborhood. The applicant's request is to redesignate the property as "Neighborhood Commercial Center". May 16, 2006 -5- Item No. 29 A-B Review Criteria for Structure Plan Minor Amendments Appendix C of City Plan outlines mandatory requirements for public notice, review process and evaluation criteria for minor amendments to City Plan,including Structure Plan map amendments. The Plan text states: A plan amendment will be approved if the City Council makes specific findings that: The existing City Plan and/or related element thereof is in need of the proposed amendment; and The proposed plan amendment will promote thepublic welfare and will be consistent with the vision,goals,principles and policies of City Plan and the elements thereof. " Relevant Principles and Policies of City Plan: PRINCIPLEMMN-3:ANeighborhood Commercial Center willprovide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be pedestrian-oriented places as a focal pointfor the surrounding neighborhoods. Policy MMN-3.1 Land Uses/Grocery Store Anchor. A grocery store, supermarket, or other type of anchor (e.g., drugstore)should be the primary functional offering of these Centers. A mix of retail,professional office, and other services oriented to serve surrounding neighborhoods are the secondary offerings. The Neighborhood Commercial Center will provide locations for some limited auto-related uses. Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be integrated in the surrounding Medium Density Mixed-Use Neighborhood, contributing to the neighborhood's positive identity and image. Residents should be able to easily get to the Center without the need to use an arterial street. The strength of the applicant's justification for rezoning lies in City Plan's emphasis on bicycle and pedestrian mobility. Policy MMN-3.2 clearly states that"(r)esidents should be able to easily get to the Center without the need to use an arterial street". The applicant correctly points out that residents of the surrounding Parkwood, Parkwood East and Meadows East neighborhoods must cross either Timberline Road or Lemay Avenue to access the neighborhood-scale commercial centers that serve their neighborhoods: The Shops at Rigden Farm and Scotch Pines Shopping Center. It is acknowledged that recent Timberline Road improvements include enhanced crosswalks, but the relatively high existing traffic speeds and volumes, makes the pedestrian and bicycle crossing experience safe,but not particularly desirable.With Timberline potentially widened to 6 lanes in the future, crossing Timberline on foot or by bike will become more challenging. The applicant also makes a case that the rezoning will bring the development pattern more in line with the policy regarding the size of the MMN district. Policy MMN-2.1: stipulates that an MMN May 16, 2006 -6- Item No. 29 A-B district"should extend an average of about one-quarter(1/4)of a mile from the edge of the adjacent Neighborhood Commercial Center..." While the applicant accurately states that the MMN district extends beyond 1/4 mile(actually 1/3 mile where the applicant has incorrectly stated 1/2 mile)north of the NC district on Drake Road, the impact of the new Police Services building has not been accounted for. The Police Services building,which is defined as a"community facility", is located within the MMN zone district. If the Police Services site were netted out of the district, since it is not a residential use, the resulting MMN district is almost exactly 1/4 mile in length. The applicant has submitted a market analysis, demographic profile and current retail inventory (documents attached) contending the existing NC zoning at Rigden Farm does not satisfy commercial demand within a 1.5 mile radius trade area. The market analysis concludes that a need exists for an additional 182,000 square feet of commercial space. In part, the Applicant attributes this to the transfer of three(3)acres of the Rigden Farm development zoned NC as a senior housing development that will not be developed for commercial uses,and that no other additional land within the trade area is available to satisfy commercial demand. While the applicant has made a good point about the challenges to bicycle and pedestrian access to existing neighborhood centers, other fundamental City Plan polices outweigh and override this particular concern. Staff contends a change in the Structure Plan is not warranted primarily given the existence of the Shops at Rigden Farm.This new commercial center,located diagonally across the intersection from the property, fulfills the basic consumer demands needed to serve multiple neighborhoods located within a one mile radius. The center provides the land development pattern and uses described in City Plan. Tenants include a King Soopers supermarket with a pharmacy, a freestanding bank,gas station, restaurants, and several existing and future inline retailers providing a range of goods and services. In fact,the applicant's submitted Market Conditions Map(labeled Exhibit E in Attachment 3)quite clearly substantiates staff s position. The map shows how Neighborhood Commercial Centers have been strategically placed to capture the market within a short vehicle commute and can also readily allow for alternative travel methods, while limiting their location so as to enhance the economic strength of NC districts so they are able to provide high quality amenities,and site and architectural design, as envisioned under City Plan. The submitted market analysis is flawed with respect to use of a 1.5 mile trade area radius versus a one-mile trade area radius, and the lack of attention given to other potential non-residential uses within the immediate area. If a one-mile trade radius is utilized for Neighborhood Commercial centers within this quadrant of the community, area residents are clearly served by existing and planned neighborhood scale commercial centers. Those residing closer to Lemay Avenue, for example,are conveniently located near the Scotch Pines Shopping Center,which is anchored by the Sunflower Market and provides several other essential services. Similarly, the approved (but not constructed) Harmony School Shops at the northeast corner of Timberline and Harmony will provide a full range of services to neighborhoods south of Horsetooth Road. The study failed to incorporate planned retail, restaurant and service uses provided within the recently approved Timberline Center, located 1/4 mile north of the subject property, and within the approved Sidehill neighborhood center planned across the street and approximately 1/2 mile to the north. May 16, 2006 -7- Item No. 29 A-B If the applicant desires to provide truly secondary and supportive commercial uses within the MMN zone district,the existing zoning provides additional opportunities. First,the Code allows up to 15% of the MMN zoned property for"secondary uses",including Personal and Business Service Shops. Such uses are defined as "shops engaged in providing services generally involving the care of the person or such person's apparel or rendering services to business establishments such as laundry or dry cleaning retail outlets, portrait/photographic studios, beauty or barber shops, employment service,or mailing or copy shops". Second,the Land Use Code was amended this past year to make provision for small-scale restaurants, deli's, coffee shops, and similar uses to be incorporated into mixed-use buildings within the MMN zone under specific size and operational limits. The segment of Timberline Road between Harmony Road to Conifer (extended) has also been designated as an Enhanced Travel Corridor (ETC) within the Comprehensive Plan. An ETC provides high frequency/high efficiency travel opportunities, including transit services that link activity centers within the City. The Rigden Farm Neighborhood Center provides special design opportunities, including a future bus stop and a site plan with enhanced pedestrian access to and from the future bus stop located along Timberline Road. Since there is no adopted Subarea or Corridor Plan for the Timberline road frontage, staff relies on the Structure Plan and zone district designations to provide guidance. The direction of these two documents points to a concentration of retail rather than along street frontages, i.e., the area is not zoned C, Commercial because the community is trying to avoid replication of the pattern of commercial development along major arterial streets. Request to rezone from Medium Density Mixed Neighborhood, M-M-N to Neighborhood Commercial,NC—Section 2.9.4(H): The request to rezone from MMN to the NC zone district is considered quasi-judicial (versus legislative) since the parcel is less than 640 acres. There are five standards that may be used in evaluating a request for a quasi-judicial rezoning. These standards, and how the request complies, are summarized below: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan; and/or. As stated above under the Structure Plan amendment analysis, staff has concluded that the proposal is inconsistent with the principles and policies of City Plan. B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. Changes to the immediate area since 2001, when the property was zoned MMN, including improvements to Timberline Road and anticipated Police Services building, do not trigger the need to rezone the property. The recently constructed Shops at Rigden Farm, located diagonally across the intersection from the property, fulfills the basic consumer demands needed May 16, 2006 -8- Item No. 29 A-B to serve multiple neighborhoods located within a reasonable distance. Tenants of this Center include a King Soopers supermarket with a pharmacy, a freestanding bank, gas station, and several existing and future inline retailers providing a range of goods and services. Further, the Timberline Center,which was approved in December 2005 for property just north of the Police Services Administration Building,provides additional services within the Timberline Road corridor. C. 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. As mentioned, the proposed NC zone district is not an appropriate zone district given the property's proximity to the NC district in place cater- cornered from the site and the other opportunities for non-residential opportunities already afforded within the MMN zone district. D. 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 functioning of the environment. There is no evidence that the rezoning will result in significant adverse impacts to the natural environment. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The rezoning is inconsistent with the development pattern envisioned under the City's Structure Plan. This City Structure Plan configuration for Neighborhood Centers is a different approach to commercial area design than the past. Structure Plan limitations have been a response to proliferation of commercial developments along arterial streets. The limits focus commercial services in a way that best address the aesthetic and urban form implications, as well as traffic impacts, brought about by strip development oriented to arterial streets. Findings of Fact/Conclusion: In evaluating the request to amend the Spring Creek Farms Structure Plan minor amendment and rezone, Staff makes the following findings of fact: A. The Structure Plan amendment is not warranted since the existing mix of retail and service uses found within the Rigden Farm Neighborhood Commercial Center located directly across Timberline Road provides sufficient goods and services necessary to sustain nearby neighborhoods. Further, the Rigden Farm Neighborhood Center has been effectively May 16, 2006 -9- Item No. 29 A-B integrated with an overall street pattern, design and scale that is compatible with the surrounding neighborhoods and not segregated from them, and has been designed in a manner that fosters transit service for the Center and surrounding neighborhoods. B. The proposed Structure Plan amendment and rezone is not supported by the City's Comprehensive Plan policies and will not promote the public welfare. C. There are no changed conditions within the neighborhood surrounding and including the subject property that warrant the rezone. D. The proposed rezoning is not compatible with the existing and proposed uses surrounding the subject land, and is not the appropriate zone district for the land. E. The proposed rezoning will not result in significantly adverse impacts on the natural environment. F. The proposed rezoning does not result in a logical and orderly development pattern. NEIGHBORHOOD INFORMATION MEETING Although quasi-judicial rezone applications are exempt from the neighborhood meeting requirements, a neighborhood meeting was held to discuss the rezoning and structure plan amendment on March 2, 2006. A summary of this meeting is attached. hi general, area residents provided a mixed response to the applicant's request. Some residents expressed support for providing retail and restaurant uses closer to their neighborhood, allowing convenient access to services without negotiating the Drake and Timberline intersection. Others questioned the need for additional retail uses along the Timberline frontage and expressed a fear that the minor rezoning request would "open the door" for future commercial rezonings within the area. In the opinion of some residents, the rezoning might increase the intensity of traffic and decrease the level of safety. During the course of the meeting,there was considerable discussion about the anticipated increase in traffic volumes along Timberline Road in the future, particularly in light of the upcoming road widening project, and a fear that associated safety and congestion issues will be exacerbated as the area becomes more developed. STAFF RECOMMENDATION Staff recommends the following: A. Denial of the requested Structure Plan Map amendment from Medium Density Mixed Use Neighborhood to Neighborhood Commercial Center on a 5.05 acre parcel located at the northwest corner of Timberline and Drake Roads. B. Denial of the requested rezoning from MMN, Medium Density Mixed Use Neighborhood to NC,Neighborhood Commercial on a 5.05 acre parcel located at the northwest comer of Timberline and Drake Roads. May 16, 2006 -10- Item No. 29 A-B PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on April 20,2006,voted 4-1 (Fries opposed; Stockover and Meyer absent) to recommend denial to the City Council of the change to the City Plan Structure Plan map and denial of the requested rezoning. The rezoning request was originally scheduled for the March 16,2006 hearing,but was continued for one month at the request of the applicant. Public testimony was limited to that provided by one resident of the Parkwood neighborhood who expressed support for the applicant's request. ATTACHMENTS 1. Site Vicinity Map 2. Zoning exhibit 8-1/2" x 14"plan set 3. Applicant's written statement and financial analyses 4. Neighborhood Information meeting summary 5. Correspondence Received 6. Minutes from Planning and Zoning Board meeting of April 20, 2006. ATTACHMENT ] LMN LMN MMN l A I 0 N NC p z RI. � J I CUSTER DR Imo - --- #24-OOC Spring Creek Farms Rezoning 12/20/05 N Type II 1 inch equals 300 feet L------- • i J I it -u M11 U) mz - G-)0 0 Z -n w Z ;O m > Z 41 m 0 z O "i Imam 0 TIMSE LINE RD m 021 1; eb II DAM SPRING CREEK FARMS RETAIL ii� s m Jill REZONING EXHIBIT Dill 0 IA Fort Collins,CO UOZf- w >CI- 'r •• � It _ 1 „ • ., • -� WORK giingK r F ol 1 `, a IRA, �'��►� ,� �.t I ^11Ol a s�. k �� I�l•. n ,�!1 , ^;_ C�\� ■�F �. 7,.�m'.nno �,��,L "1���1'"���,•1,:•• •i� m ♦1 �♦ / _ a JRIIII�•/ O, . I ji aim I ' �IIII•�•=_/�� 1 ♦�� �n n. , � Se ,u � t f � ar � 1 �\r—� 'Jr 1��� ., y au• p sryww"M.W.tI Hsa-� Yr iy. !4•a¢�.■i,,: �C�-,-�••\.� '•■ '�I • • \. k'4b\`. ..t•.`J I�r '?6sc "+�}•i iu '`o fill" • �,'�••,•�*���1 �p �I�1, i i �:v�`..�� • 1 • '�i''� T°@'r ��.3'�'i�� I�eG�'••i aZh�y n��q •�ru�• �nio . ���I�i VAN It It It It v a �' •� f 4 aS 1 �• nr ■� ��1 �11. • 1. � • �'i,_-�l�/J �w.. .-�- I n1 �miiu ,.,.�" of �� a ,. n • • , • Attachment 3 APPLICANT'S WRITTEN STATEMENT AND FINANCIAL ANALYSES ATTACHMENT3 EXHIBIT A PRINCIPLE MMN-2: The layout and design of a Medium Density Mixed-Use Neighborhood will form a transition and a link between surrounding neighborhoods and the Neighborhood Commercial Center, Community Commercial District, Employment District, or Industrial District. Policy MMN-2.1 Size. A Medium Density Mixed-Use Neighborhood should extend an average of about one-quarter(1/4) of a mile from the edge of the adjacent Neighborhood Commercial Center, Community Commercial District, Employment District, or an Industrial District, subject to adjustment for site-specific or pre-existing circumstances such as a major street, major drainageway, or existing development. The proposed amendment would slightly expand the physical size of the existing NC zone and bring the MMN zone closer to a 114-mile depth on the northerly boundary. This would result in a more logical and orderly development pattern. The following will demonstrate consistency with City Plan Principals and Policies: PRINCIPLE T-3: City transportation programs will promote the reduction of vehicle miles traveled through strategies that reduce trip generation and length and increase automobile occupancy. The existing RL neighborhood to the west represents about 800 acres of housing with no access to existing or planned centers between the Prospect/Lemay Center and the Harmony Corridor without crossing a major north-south arterial street. Expanding the NC zone across Timberline will provide convenient access for the existing RL neighborhoods to the west and easy in-out access for south bound traffic on Timberline and west bound traffic on Drake. The net effect will be a reduction in vehicle miles traveled. PRINCIPLE T-4:Bicycling will serve as a practical alternative to automobile use for all trip purposes Policy T-4.1 Bicycle Facilities. The City will encourage bicycling for transportation through an urban growth pattern that places major activity centers and neighborhood destinations within a comfortable bicycling distance, that assures safe and convenient access by bicycle, and that reduces the prominence of motorized transportation in neighborhoods and other pedestrian and bicyclist-oriented districts Facility design will also plan for: b. Bicycle access should be improved to major activity centers, schools and neighborhoods, and barriers removed in these areas to improve circulation. Facility development, safety and convenience should be established throughout these destinations. Level of service standards for bicyclists should be higher within these areas. Expanding the NC zone across Timberline will allow more goods and services to be available to bicyclists from the west without crossing a major arterial street. PRINCIPLE T-5: The City will acknowledge pedestrian travel as a practical transportation mode and elevate it in importance to be in balance with all other modes. Direct pedestrian connections will be provided from places of residence to transit, schools, activity centers, work and public facilities. Policy T-5.1 Land Use. The City will promote a mix of land uses and activities that will maximize the potential for pedestrian mobility throughout the community. Policy T-5.2 Connections. Pedestrian connections will be clearly visible and accessible, incorporating markings, signage, lighting and paving materials. Other importantpedestrian considerations include: a. Building entries as viewed from the street should be clearly marked. Buildings should be sited in ways to make their entries or intended uses clear to and convenient for pedestrians. b. The location and pattern of streets, buildings and open spaces must facilitate direct pedestrian access. Commercial buildings should provide direct access from street corners to improve access to bus stop facilities. Shopping areas should provide for pedestrian and bicycle connections to adjoining neighborhoods. c. Creating barriers which separate commercial developments from residential areas and transit should be avoided Lot patterns should be provide safe and direct pedestrian connections from residential areas to schools,parks, transit, employment centers, and other neighborhood uses. d Direct sidewalk access should be provided between cul-de-sacs and nearby transit facilities. Expanding the NC zone across Timberline will allow more goods and services to be available to pedestrians from the west without crossing a major arterial street. PRINCIPLE T-9.Private automobiles will continue to be an important means of transportation. Transportation Principles and Policies 102 May 4,2004 Policy T-9.1 Vehicle Miles Traveled(VMT). The City will continually strive to reduce the growth rate in vehicle miles traveled(VM7) by implementing a VMT reduction program that strives to meet or exceed the performance of similar programs in comparable cities. Expanding the NC zone across Timberline will provide convenient access for the existing RL neighborhoods to the west and easy in-out access for south bound traffic on Timberline and west bound traffic on Drake. The net effect will be a reduction in vehicle miles traveled. Principles and Policies: Neighborhoods All New Neighborhoods(AN) New Low Density Mixed-Use Neighborhoods (LMN) New Medium Density Mixed-Use Neighborhoods (MMN) Existing Neighborhoods(EXN) A neighborhood is more than just a housing development by itself. It's about 100 to 160 acres in size—large enough to support services and amenities which meet some of the needs of daily life, but small enough to be defined by pedestrian comfort and interest This general size range is based on a five-minute walking distance (about a quarter-mile)from the edge to the center and a ten-minute walk (about a half-mile) edge to edge. The existing RL neighborhood, to the west, represents about 800 acres of housing with no access to existing or planned centers between the Prospect/Lemay Center and the Harmony Corridor without crossing a major north-south arterial street. New Medium Density Mixed-Use Neighborhoods A new Medium Density Mired-Use Neighborhood is a place for denser, attached, small lot, and multiple family housing built around a Neighborhood Commercial Center, Community Commercial District,Employment District, or an Industrial District Secondarily, these neighborhoods may also contain other moderate intensity uses which can help to form a transition and a link between surrounding Low Density Mixed-Use Neighborhoods and the commercial area. Policy MMN-1.3 Non-Residential Uses. Secondary uses can fit this transitional, higher-activity location including the following: a. Parks and recreation b. Places of worship and assembly c. Civic uses d Day care (adult and child) e. Offices and clinics f. Small businesses with low traffic and visibility needs such as service shops, studios, workshops, bed-and-breakfasts, and uses of similar intensity g. Neighborhood-serving retail uses The planned and existing neighborhoods west of Timberline will be much better served if there are NC uses also on the west side of Timberline. PRINCIPLE MMN-2: The layout and design of a Medium Density Mixed-Use Neighborhood will form a transition and a link between surrounding neighborhoods and the Neighborhood Commercial Center, Community Commercial District, Employment District, or Industrial District Policy MMN-2.1 Size.A Medium Density Mixed-Use Neighborhood should extend an average of about one-quarter (114) of a mile from the edge of the adjacent Neighborhood Commercial Center, Community Commercial District,Employment District, or an Industrial District, subject to adjustment for site-specific or pre-existing circumstances such as a major street, major drainageway, or existing development The current MMN zoning on the west side of Timberline extends north nearly a half-mile from Drake. This would be brought more in line with this Policy if the subject property were rezoned to NC. PRINCIPLE MMN-3:A Neighborhood Commercial Center will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be a pedestrian oriented place that serves as a focal point for the surrounding neighborhoods. Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be integrated into the surrounding Medium Density Mixed-Use Neighborhood, contributing to the neighborhood's positive identity and image. Residents should be able to easily get to the Center without the need to use an arterial street The existing RL neighborhood and the currently MMN district to the west, have no access to the existing Rigden Center without crossing Timberline. EXHIBIT B SPRING CREEK MARKET ANALYSIS 1.5 MILE RADIUS CONSUMER EXPENDITURES (1) $207,000,000 i EXPEDTURES SATISFIED OUTSIDE TRADE AREA (APPAREL,EDUCATION,TRANSPORTATION)(2) -$131,000,000 EXPENTURES BY EMPLOYEES(3) $20,362,680 TOTAL EXPENDITURES IN TRADE AREA $96,362,680 REQUIRD RETAIL SQUARE FOOTAGE AT$250/SQ. FT.(4) 385,450 RETAIL SQUARE FOOTAGE IN MARKET 203,651 NEEDED RETAIL 181,780 PROPOSED RETAIL 38,000 Footnotes; (1) Please see page 4 of the Demographic Profile Attached (2) We have deducted these categories as they are satified outside the trade area (3) Please see page 1 of Demographic Profile.This assumes that each employee spends 20%of dsipow the trade area of the workplace. Assumption based on studies by International Council of Shopping (4) Average sales per square foot nationally. DAVID/HICKS BROKERAGE, INC. 7800 E ORCHARD ROAD, SURE 150. GREENWOOD VILLAGE COLORADO 80111 PHOND 303-694-60V FAX: 303-793-0994 EXHIBIT C i DEMOGRAPHIC PROFILE EXPANDED 1990-2000 Census, 2005 Estimates 8 201C Projections Calculated using Proportbnal Bock Groups Lai/Lon:40.552582i-105.039232 January 2006 RF5 Timberline Rd : Drake Rd 1.00 nd radius 1.50 mi radius 3.00 mi radius 3,50 mi radius Ft Collins Population Estimated Population(2005) 7,365 18,750 60,080 81,339 Census Population(1990) 6,061 15,340 47,041 60,827 Census Population(2000) 7,534 16,471 57,130 75,785 19,159 62,911 86,454 Protected Population(2010) 7,278 � ° Forecasted Population(2015) 7,134 19,535 66,103 92,358 € Historical Annual Growth(1990 to 2000) 1,473 2.4% 3,131 2.0% 10,089 2.1% 14,958 2.5% Historical Annual Growth(2000 to 2005) -168 -0.4% 279 0.3% 2,950 1.0% 5,555 1.5% Projected Annual Growth(2005 to 2010) -87 -0.2% 409 0.4% 2.831 0.9% 5,115 1.3% Est Population Density(2005) 2,410.85 psm 2,701.34 psm 2,161.46 psm 2,142.43 psm 8 Trade Area Size 3.06 sq ml 6.94 sq mi 27.80 sq mi 37.97 sq ml I 8 Households Estimated Households(2005) 3,129 8,006 25,968 35,072 a 3269 Census Households(1990) 2,245 5,923 18,114 29, 2540 2 Census Households(2000) 2,908 7,209 2.2,384 , Projected Households(2010) 3,300 8,682 29,055 39,923 23 Forecasted Households(2016) 3,515 9,492 32,740 45,685 Households with Children(2005) 1,194 38.20/6 2,944 36.8% 8,042 31.0% 10,616 30.3% Average Household Size(2005) 2.34 2.31 2.16 2.16 i Average Household Income Est.Average Household Income(2005) $89,296 $80,540 $71,899 $70,57512 Proj.Average Household Income(2010) $97,060 $88,742 $77,685 $76,205 B Average Family Income(2005) $100,857 $96,243 $92,465 $92,459 s E m Median Household Income Est.Median Household income(2005) $69,545 $62,481 $52,907 $52,109 Proj.Median Household Income(2010) $78,697 $70,889 $69,337 $58,398 Median Family Income(2005) $76,323 $72,792 $67,646 $68,073 C r CapafaJRcoynne.Per Capits Income(2005) $37,989 $34,797 $31,990 $31,355 j.Per Capita Income(2D10) $44,072 $40,673 $36,888 $36,197 r Capita Income Est.5 year change $6,084 16.0% $5,877 16.9% $4,89B 15.3%4 $4,842 15.4% ,ger Income t.Median Disposable income(2005) $56,564 $51,263 $44,057 $43,429mt. Median Disposable Income(2010) $62,702 $57,267 $48,760 $48,029 a Disposable Income Est.5 year change $6,138 10.9% $6,005 11.7% $4,703 10.7% $4,600 %6% Est.Median Household Net Worth(2005) $47,878 $43,740 $38,015 $37,084 Ki Daytime Demos 788 4,438 6,009 Total Number of Businesses(2005) 183 Total Number of Employees(2005) 1,475 8,931 #. 53,670 68,599 Company Headqtrs:Businesses(2005) 1 0.3% 2 0.3% 12 0.3% 15 0.3% Company Headqtrs: Employees(2005) 243 16.5% 1,051 11.8% 2,797 5.2% 3,237 47% Unemployment Rate(2005) 3.40% 3.80% 4.90% 5.10% Employee Population per Business 8.0 to 1 11.3 to 1 12.1 to 1 11.4 to 1 Residential Population per Business 40.2 to 1 23.8 to 1 13.5 to 1 13.5 to 1 02006,SLLea USA,Chandler,AdWr e,480491-1112 -1 of 5- o mnmphlc Sp :Applktl Geo9rephlc 9plucam I7 R G"Mphy 07M i I DEMOGRAPHIC PROFILE EXPANDED 1990-2000 Census, 2005 Estimates&2010 Protections Caloulated using ProporfWal Block Groups ® Lat/Lon:40.552582/-105.039232 January2006 RF5 Timberline ' • & Drake Rd 1.00 mi radius 1.50 mi radius 3.00 mi radius 3.50 Ft Collins Race& Ethnicity White(2005) 6,815 92.5% 17,112 91.3% 53,903 89.7% 72,822 89.5% Black or African American(2005) 48 0.6% 169 0.9% 636 1.1% 877 1.1% American Indian&Alaska Native(2005) 23 0.3% 90 0.5% 359 0.6% 477 0.6% Asian(2005) 226 3.1% 463 2.5% 1,549 2.6% 2,183 27% 6 Hawiian&Pacific Islander(2005) 10 0.1% 23 0.1% 82 0.1% 109 0.1% € Other Race(2005) 144 1.9% 506 2.7% 2,161 3.6% 2,905 3.6% Two or More Races(2005) 100 1.4% 387 2.1% 1,390 2.3% 1,966 2.4% Not Hispanic or Latino Population(2005) 6.911 93.8% 17,311 92.3% 54,313 90.4% 73,565 90.4% Hispanic or Latino Population(2005) 454 6.2% 1.439 7.7% 5,767 9.6% 7,774 9.6% Not of Hispanic Origin Population(1990) 5,833 96.2% 14,584 95.1% 44,266 94.1% 57,171 942% Hispanic Origin Population(1990) 228 3.8% 756 4.9% 2,775 5.9% 3,656 6.0% Not Hispanic or Latino Population(2000) 7,125 94.6% 17,206 93.2% 52,304 91.6% 69,399 91.6% Hispanic or Latino Population(2000) 409 5.4% 1,264 6.8% 4,826 8.4% 6.386 8.4% x Not Hispanic or Latino Population(2010) 6,784 93.2% 17,559 91.7% 56,300 89.5% 77,413 89.5% Hispanic or Latino Population(2010) 494 6.8% 1,599 8.3% 6,611 10.5% 9,041 10.5% Hist.Hispanic Ann Growth(1990 to 2005) 227 6.6% 683 6.0% 2,991 7.2% 4,119 7.5% g Prof. Hispanic Ann Growth(2005 to 2010) 40 1.7% 160 2.2% 845 2.9% 1,266 3.3% € Age Distribution Age 0 to 4 yrs(2005) 427 5.8% 1,129 6.0% 3,314 6.5% 4,467 6.5% Age 5 to 9 yrs(2005) 468 6.446 1,184 6.3% 3,235 5.4% 4,322 5.3% Age 10 to 14 yrs(2005) 534 7.3% 1,312 7.0% 3,489 5.8% 4,559 5.6% Age 15 to 19 yrs(2005) 510 6.90/0 1,255 6.7% 5,299 8.8% 7,576 9.3% 2 Age 20 to 24 yrs(2005) 450 6.1% 1,402 7.5% 6,540 10.9% 9,920 12.2% s Age 25 to 29 yrs(2005) 640 8.7% 1,740 9.3% 6,573 10.9% 9,081 11.2% E Age 30 to 34 yrs(2005) 577 7.8% 1,515 8.1% 4,985 8.3% 6,805 8.491. 9 Age 35 to 39 yrs(2005) 468 6.4% 1,267 6.8% 3,763 6.3% 4,997 6.1% Age 40 to 44 yrs(2005) 598 8.1% 1,442 7.7% 3,923 6.5% 5,188 6.4% Age 45 to 49 yrs(2005) 740 10.1% 1,641 8.8% 4,330 7.2% 5,655 7.0% Age 50 to 54 yrs(2005) 638 8.7% 1,424 7.6% 3,911 0.5% 5,011 6.2% -ige 5� 0 59 yrs(20U5) 434-59Yo-987-53%---2;802 4y°�3860 4:5% -- Age 60 to 64 yrs(2005) 261 3,5% 649 3.5% 1.933 3.2% 2,486 3.1% Age 65 to 74 yrs(2005) 324 4.4% 894 4.8% 2,730 4.5% 3,536 4.3% Age 75 to 84 yrs(2005) 236 3.2% 643 3.4g6 2,138 3.6% 2,743 3.4% a. Age 85 yrs plus(2005) 59 0.8% 265 1.4% 1,115 1.9% 1,334 1.6% Median Age(2005) 36.1 yrs 34.8 yrs 32.9 yrs 32.1 yrs E Gender Age Distribution B Female Population(2005) 3,637 49.4% 9,351 49.9% 30,010 49.9% 40,491 49.8% P Age 0 to 19 yrs(2005) 906 24.9% Z349 25.1% 7,653 25.2% 10,357 25.6% a Age 20 to 64 yrs(2006) Z387 65.6% 5,968 63.8% 18,819 62.7% 25,540 63.1% Age 65 yrs plus(2005) 345 9.5% 11034 11.1% 3,637 12.1% 4,594 11.3% Female Median Age(2005) 37.3 yrs 35.4 yrs 35.0 yrs 33.9 yrs Male Population(2005) 3,728 50.6% 9,399 50.1% 30,070 50.1% 40,849 50.2% Age 0 to 19 yrs(2005) 1,034 27.7% 2,531 26.9% 7,783 25.9% 10,567 25.9% e Age 20 to 64 yrs(2005) 2,420 64.9% 6,099 84.9a/a 19,941 66.3% 27,263 66.7% t Age 65 yrs plus(2005) 274 7.3% 769 8.2% 2,346 7.8% 3,019 7.4% Male Median Age(2005) 34.7 yrs 33.4 yrs 31.4 yrs 30.9 yrs 02006.SIUs USA,Chandler,Arimna,480-491-1112 -2 of 5- 13M09rephlC Sow :AppAe4 CAWraphk ad.Wns/TIGER Geography alms i DEMOGRAPHIC PROFILE EXPANDED 1990-2000 Census,2005 Estimates&2010 ProJecdons Calculated using Propwthnal Block Groups LatiLon:40.5 5 2 5 821-1 0 5.039232 January 2006 RF5 Timberline Rd i Drake Rd 1.11 mi radiUS 1.50 Ini radim 3.00 mi ladius 3.50 Ft Collins Household Income Distribution HH Income$200,000 or More(2005) 167 5.3% 339 4.2% 943 3.6% 1,218 3.5% HH Income$150,000 to$199,999(2005) 159 5.1% 286 3.6% 674 2.6% 887 2.5% HH Income$100,000 to$149,999(2005) 535 17.1% 1,166 14.6% 2,902 11.2% 3,916 11.2% HH Income$75,000 to$99,999(2005) 549 17.5% 1,274 15.9% 3,318 12.8% 4,503 12.8% HH Income$50,000 to$74,999(2005) 711 227% 1,728 21.6% 5,046 19.4% 6,669 19.0% HH Income$35,000 to$49,999(2005) 422 13.5% 1,237 15.4% 4,126 15.9% 5,375 15.3% i HH Income$25,000 to$34,999(2005) 183 5.9% 686 8.6°k 2,702 10.4% 3,623 10.3% HH Income$15,000 to$24,999(2005) 238 7.6% 643 8.0% 3,032 11.7% 4,D99 11.7% HH Income$0 to$14,999(2005) 166 6.3% 647 8.1% 3,225 12.4% 4,782 13.6% HH Income$35,000+(2005) 2,542 81.2% 6,030 75.3% 17,009 65.5% 22,568 64.3% HH Income$75,000+(2005) 1,409 45.0% 3,065 38.3% 7,837 30.2% 10,525 30.0% $ Housing Hotel Housing U 3,148 8,052 26,245 35,503 cc Housing Units,Occupiedpied((2005) 3,129 89.4% 8,006 89,4% 25,988 98.9% 35,072 98.8% Housing Units, Owner-Occupied(2005) Z275 72.7% 5,303 862% 15,097 58.1% 19,840 56.6% Housing Units,Renter-Occupied(2005) 853 27.3% 2,704 33.8% 10,871 41.9% 15,232 43.4% Housing Units,Vacant(2005) 19 0.6% 45 0.6% 277 1.1% 431 1.294 Median Years in Residence(2005) 4.0 yrs 3.3 yrs 2.8 yrs 2.7 yrs Marital Status Never Married(2005) 1,582 26.7% 4,544 30.0% 18,426 36.8% 26,440 38.9% Now Married(2005) 3,439 . 57.9% 8,003 52.9% 22,105 44.2% 29,340 43.2% 8 Separated(2005) 139 2.3% 474 3.1% 2,108 42% 2,791 4.1% a Widowed(2005) 552 9.3% 1,506 10.0°4 4,988 10.0% 6,436 9.5% p Divorced(2005) 224 3.8% 598 4.0% 2,416 4.8% 2,984 4.49k E€ a Household Type Population Family(2005) 6,188 84.0% 15,071 80.4% 42,014 69.9% 55,204 67.9% Population Non-Family(2005) 1,124 15.3% 3,390 18.1% 14,205 23.6% 20,388 25.1% Population Group Qtrs(2005) 55 0.7% 288 1.5% 3,860 6.4% 5,748 7.1% Family Households(2005) 2,198 70.2% 5,327 66.5% 15,121 58.2% 19,899 56.7% Married Couple With Children(2005) 955 27.8% 2,244 28.0% 5,870 26.6% 7,737 26.4% Average Family Household Size(2005) 2.82 2.83 2.78 2.77 Non-Family Households(2005) 931 29.8% 2,679 33.5% 10,847 41.8% 15,172 43.3% Household Size 495 28.9% 10,167 29.0% 1 Person Household(2005) 648 20.7% 1,843 23.0% 7, 2 Person Households(2005) 1,179 37.7% 2,904 36.3% 9,183 35.4% 12,493 35.6% 3 Person Households(2005) 525 16.8% 1,331 16.6% 3,929 15.1% 5,302 15.1% ' 4 Person Households(2005) 488 15.6% 1,188 14.8% 3,341 12.9% 4,451 12.7% 5 Person Households(2005) 227 7.2% 556 6.9% - 1,473 5.7% 1,957 5.6% 6+Person Households(2005) 62 2.0% 185 2.3% 547 2.1% 702 2.09h Household Vehicles $ Total Vehicles Available(2005) 6,457 16,371 51,750 71,180 Household:0 Vehicles Available(2005) 40 1.3% 227 2.8% 1,243 4.8% 1,664 4.7% Household: 1 Vehicles Available(2005) 808 25.8% 2,166 27.0% 8,242 31.7% 11,313 32.3% Household:2+Vehicles Available(2005) 2,281 72.9% 5,614 70.1% 16,482 63.5% 22,095 63.0% Average Vehicles Per Household(2005) 2.1 2.0 2.0 2.0 62006,Sites USA,chandler,Admre,460491-1112 -3 of 5- G°m° PN0 swroe:AW11° G° MPhiP 6ddl°ire rnGER Gwgrephy 07105 i I i DEMOGRAPHIC PROFILE EXPANDED 1990-2000 Census, 2005 Estimates&2010 Projections Calculated using Pmportlonal8bck Groups LaULon:40.5525821-105.039232 January2006 RF5 'Timberline • a . Drake i Ft Collins 11 mi radius 3.00 mi radius 3.50 mi radius Labor Force Est.Labor:Population Age 16+(2005) 5,821 14.857 49,029 66,571 Est.Civilian Employed(2005) 4,114 70.7% 10,389 69.9% 32,333 65.9% 43,780 65.8% Est.Civilian Unemployed(2005) 200 3.4% 569 3.8% 2,421 4.9% 3,409 5.1% Est. in Armed Forces(2005) 0 6 0.0% 59 0.1% 80 0.1% Est. not in tabor Force(2005) 1,508 25.9% 3,892 26.2% 14,217 29.0% 19,302 29.0% g` s Occupation 9 Occupation: Population Age 16+(2000) 4,177 10,202 30,849 41,057 Mgmt,Business, &Financial Operations(20C 778 18.6% 1.668 16.4% 4,374 14.2% 5,843 14.2% Professional and Related(2000) 1,379 33.0% 3.099 30.4% 8,875 28.8% 11,716 28.5% Service(2000) 383 9.2% 1,173 11.5% 4,430 14.4% 6,147 15.0% % Sales and Office(2000) 1,033 24.7% 2,532 24.80A 7,519 24.4% 10,053 24.5% 3 Fanning, Fishing,and Forestry(2000) 5 0.1% 12 0.1% 99 0.3% 157 0.4% a Construct,Extraction,&Maintenance(2000) 207 4.9% 639 6.3% 2,357 7.6% 3,006 7.3% a Production,Transp.&Material Moving(2000 392 9.4% 1,079 10.6% 3,195 10.4% 4.136 10.1% Percent White Collar Workers(2000) 764% 71.5% 67.3% 67.3% 2 Percent Blue Collar Workers(2000) 23.6% 28.5% 32.7% 32.7% 1 C4xrwilwlrr:VAPONOMM,(in$10K000a) Total HousilholdEitpilindklae(20D.5). $204 $481 $1,438 $1,914 2' Total Non-Retall Expenditures(2005) $116 57.0% $274 56.9% $815 56.7% $1,085 56.7% Total ReWEVendkures(2005) $88 410% $207 43.1% 1 $623 4&3% $629 43.3% Apparel(2005) $9 4.4% $21 4.4% 2- $63 4.4% $84 4.4% 8 Contributions(2005) $8 3.9% $18 3.6% $54 3.8% $72 3.8% 8 Education(2005) $5 23% $11 22% 2 $31 2.2% $42 .22% 9 Entertainment(2005) $11 5.5% $26 5.5% $79 5.5% $105 5.5% Food And Beverages(2005) $30 14.6% $71 14.7% $214 14.9% $285 14.9% Furnishings And Equipment(2005) $9 4.2% $20 4.2% $59 4.1% $78 4.1% e Gifts(2005) $6 29% $14 2.8% $40 2.8% $53 28% Health Care(2005) - $12 59% $29 6.0% $88 6.1% $117 6.1% Household Operations(2005) $7 &6% $17 3.5% $49 3.4% $66 3.4% Miscellaneous Expenses(2005) $3 1.5% $7 1.5% $22 1.6% $30 1.6% Personal Care(2005) $3 1.4% $7 1.4% $20 1.4% $27 1.4% Personal Insurance(2005) $2 1.1% $5 1.1% $16 1.1% $21 1.1% Reading(2005) $1 0.3% $2 0.3% $5 0.3% $6 0.3% , Shelter(2005) $41 20.1% $96 20.1% $288 20.0% $383 20.0% Tobacco(2005) $1 0.7% $3 0.7% $10 0.7% $14 0.7% Transportation(2005) $42 20.6% $99 20.7% 2 $296 20.6% $394 20.6% e Utilities(2005) $14 6.9% $34 7.0% $103 7.2% $138 7.2% Educational Attainment Adult Population(25 Years or Older)(2005) 4,975 12,468 38,203 50,4913 Elementary(0 to 8)(2005) 23 0.5% 136 1.1% 713 1.9% 862 1.7% Some High School(9 to 11)(2005) 112 2.2% 413 3.3% 1,702 4.5% 2,159 4.3% High School Graduate(12)(2005) . 682 13.7% 2,107 16.9% 6,774 17.7% 8,578 17.0% Some College(13 to 16)(2005) 938 16.9% 2,396 19.20A 7,779 20.4% 10,336 20.5% Associate Degree Only(2005) 336 6.7% 796 6.4% 2,390 6.3% 3,154 6.2% t Bachelor Degree Only(2005) 1,603 32.2% 3,855 30.9% 11,077 29.0% 15,020 29.7% Graduate Degree(2005) 1,282 25.8% 2,765 22.2% 7,769 20.3% 10,388 20.6% C2006,Spas USA,Chantiler,Arlmns,48"91-1112 -4 of 5- Gunpgraphle 5wrce:Appried Ge0y pNc 901ut1om /TIGER Ge Mphy 07/05 i DEMOGRAPHIC PROFILE EXPANDED 1990-2000 Census, 2005 Estimates 6 2010 Projections Calculated ushg Pmpordonal Block Groups Let/Lon:40.552580-105.039232 January2006 RF5 Timberline - . : DrakC Rd r mi radius 1.50 mi radius 3.00 rui radius 3,0 run radius Ft Collins Units In Structure 1 Detached Unit(2000) 2,068 68.9% 4,603 61.8% 12,607 54.3% 16,376 63.3% 1 Attached Unit(2000) 269 8.9% 590 7.9% 1,634 7.0% 2,092 6.8% 2 to 4 Units (2000) 117 3.9% 667 9.0% 2,416 10.4% 3,093 10.1% 5 to 9 Units(2000) 131 4.4% 396 5.3% 1,293 5.6% 2,037 6.6% 10 to 19 Units(2000) 261 8.7% 649 8.7% 2,183 9.4% 3,057 10A% 20 to 49 Units(2000) 87 2.9% 257 3.4% 1,078 4.6% 1,438 4.7% 50 or more Units(2000) 66 22% 230 3.1% 1,144 4.9% 1,598 5.2% Mobile Home or Trailer(2000) 2 0.1% 48 0.6% 867 3.7% 1,000 3.3% Other Structure(2000) 2 0.1% 4 0.0% 14 0.1% 16 0.1% Homes Built By Year g Homes Built 1999 to 2000 80 3.9% 718 2.6% 230 4.2% 1,282 4.2% Homes Built 1995 to 1998 386 12.9% 718 9.6% 2,230 9.7% 3,20945B 11.3% a Homes Built 1990 to 1994 245 82% 582 7.8% 2,260 9.7% 3,209 10.5% .e Homes Built 1980 to 1989 1,169 38.9% 21270 30.5% 5,316 22.9% 7,076 23.0% Homes Built 1970 to 1979 1,006 33.5% 2,822 37.9% 6,831 29.4% 8,122 26.5% Homes Built 1960 to 1969 91 3.0% 644 8.7% 2,649 11.4% 3,342 10.9% Homes Built 1950 to 1959 9 0.3% 181 2.4% 1,109 4.8% 1,475 4.8% Homes Built Before 1949 7 0.2% 80 1.1% 1,869 8.0% 2,733 8.9% Home Values Home Values$1,000,000 or More(2000) 0 1 0.0% 8 0.1% 11 0.1% Home Values$600,000 to$999,999(2000) 34 1.8% 47 1.2% 140 1.3% 211 1.5% e Home Values$400,000 to$499,999(2000) 27 1.5% 46 1.1% 132 1.3% 189 1.4% 8 Home Values$300,000 to$399,999(2000) 131 7.1% 183 4.5% 467 4.4% 694 5.1% Home Values$200,000 to$299,999(2000) 594 32.4% 1,137 28.1% 2,513 23.8% 3,194 23.4% Home Values$150,000 to$199,999(2000) 634 34.7% 1,590 39.3% 4,010 37.9% 5,127 37.5% Home Values$100,000 to$149,999(2000) 376 20.6% 907 22.5% 2,831 26.8% 3,680 26.9% Home Values$70,900 to$99,999(2000) 27 1.5% 109 2.7% 337 3:2% 402 2.9% Home Values$50,000 to$69,999(2000) - 0 6 0.2'/u 97 0.9% 115 0.8% Home Values$25,000 to$49,999(2000) 0 3 0.1% 10 0.1% 16 0.1% Home Values$0 to$24,999(2000) 7 0.4% 12 0.3% 34 0.3% 37 0.3% Owner Occupied Median Home Value(2000) $.190,655 $182,476 $177,620 $180,134 Renter Occupied Median Rent(2000) $805 $724 $681 $676 8 Transportation To Work Drive to Work Alone(2000) 3,256 78.0% 7,967 78.0% 23,306 75.40/a 30,988 75.3% Drive to Work In Carpool(2000) 330 7.9% 920 9.0% 2,899 9.4% 3,816 9. %% w Travel to Work-Public Transportation(2000; 25 0.6% 80 0.8% 343 1.1% 505 1.2% a Drive to Work on Motorcycle(2000) 25 0.6% 46 0.4% 69 0.2% 77 0.2% F. Walk or Bicycle to Work(2000) 172 4.1% 437 4.3% 2,556 8.3% 3,598 8.7% Other Means(2000) 14 0.3% 39 0.4% 97 0.3% 129 0.3% R Work at Home(2000) 354 8.5% 720 7.1% 1,632 5.3% 2,014 4.9% 8 Travel Time Travel to Work in 14 Minutes or Less(2000) 1,931 50.5% 4,819 50.8% 14,331 . 18,428 36.9% 35 Travel to Work In 14 to 29 Minutes(2000) 1.307 34.20% 3,282 34.60% 10,459 .7%% 14, 28 6. % Travel to Work in 30 to 59 Minutes(2000) 390 10.2% 939 9.9% 3,069 10.5% 3,972 10.2% Travel to Work in 60 Minutes or More(2000) 194 5.1% 449 4.7% 1,411 4.8% 1,828 4.7% Average Travel Time to Work(2000) 16.3 mins 16.2 mins 16.6 mins 16.6 mina 02008,Sites USA.Chandler,ArL n ,480-491A112 -5of5- 0.m .pN.S =:Applied Geop,ephic SdYGm I TIGER G wmphy 07MB EXHIBIT D Center Name Location Park Central SEC Prospect Rd &Lemay Ave Tenants Estimated square feet Moongate Asian Grill 3,500 Tastebuds 1,100 Sunsation Tanning 1,100 Park Central Liquors 2,400 Pet Express 1,000 Tailor 1,000 Venus Nails 1,000 Burke Dry Cleaners 1,200 TCBY 1,300 Citi Financial 1,200 Hand Chiropractic 1,200 Edward Jones 1,200 Allstate Insurance 1,200 7-11 2,400 Great Clips 1.300 Total 22,100 Center Name Location Rigden Farms SEC Timberline Rd & Drake Rd Tenants Estimated sauare feet King Soopers 66,283 cleaner 1,200 nail salon 1,200 liquor 1,600 Genoa Coffee&Wine 1,512 CostCutters 1,230 Subway 1,858 1 stBank 5,468 Vacant 10,000 Total 90,351 Center Name Location Scotch Pines Village SWC Drake Rd &Lemay Ave Tenants Estimated square feet Starbuck's 1,500 Ladies Workout Expre 1,000 Aspen Wellness CentE 1,000 Salon de Chelle 1,000 dry cleaner 1,000 Sunflower Market 30,000 State Farm 1,000 martial arts 1,000 EXHIBIT D Chirporactic USA 1,000 liquor 2,000 Island Grill 3,000 Photo Image Center 1,000 UPS Store 1,000 Bagel makers 1,000 Arfys 1,200 Pizza Hut 1,200 Gems N Gold 1,200 Great Harvest 1.500 51,600 Total Other Tenants Location Flowerama NWC Timberline Rd &Lemay Ave 2000 Dale's Carpet One SWC Timberline Rd&Horsetooth 15000 Former Eckerd Drug 13000 Texaco C-Store 1200 McDonald's NEC Timberline Rd &Horsetooth 1 3000 Taco John's&Good T SEC Timberline Rd & Prospect Rd 3000 Shell C-Store " " 1200 Conoco C-Store NEC Lochwood Or& Horsetooth 1200 Total 39600 Total Square Footage in Market Area 203,651 CC 1 r , rpm t .. r, S - _ I , , �S�'y(. ..�L'r,��''� 7r+ � � � sri' 'a�' d 1 ♦ J�j( j t � ++ � L _• • rl i'Ia� M� > � : , "-'_,• F # y �. • •�yCegl :f • �.' ^? �c f • a i _ 1 ,. r •a, '. � �Z"� � �_ _tad ••! i , �� ;�'` • M!' v � ^.,� r F '1 ��` •��y Ili �,;.'r, � , • ! .w ��its. -.\ E `..a..a i.� ..'r �,1 � �.� ; � i � `� F s h pike ~ _'C o .C,.. :1 �t `' • Ewa. / x ' ,r '. 1 t+ i 1Y� ?�;T, wr.rir�..--- +���tr,*", ��� +u��"D•.^1!'�o.t� l i±.;' �� v' '� � r. k �•1 f ` a a , • v ., � • Mom•. � �. .,• � IJ'. al.A•�t� $. y� 1 9 •r . 11 ' 't •• u i, .•V...tr�� tom, -..' ,' tT • ' 1 i • ti.` '%. S ' 3`y"�' , .;' f. 1 '•f{��8a p. 1' ,�.. f:: . j -13 x. ♦� :w 4 ��, I!• a +'� �• • :r ;.•.�, ' •�- 1 ~ + � OWL n •. a r . r *5 —r Opt. ' C n -rll�:T"210 ti+.l 7A ' �ethttft.tptt:/:•'a•,+•^'=+«� �'. 't" � r •t.,-� • !r�"•x•�y''x / L r i \�•r.�.:� � �,y ,R»r, i��;, LS - r*, - EXHIBIT E ATTACHMENT Spring Creek Farms Rezoning Neighborhood Meeting DATE: March 2, 2006 TIME: 7:00- 8:10 pm MEETING LOCATION: Timberline Church, Room 202 CITY STAFF PRESENT: Cameron Gloss, Current Planning Director QUESTIONS, CONCERNS, COMMENTS, RESPONSES 10 Neighborhood residents and interested parties attended the advertised neighborhood meeting. The meeting was structured both in an open house format and as a facilitated discussion. The meeting began roughly at 7:00 pm and concluded at approximately 8:10 pm. The meeting began with an open house where parties could view several graphics depicting the rezoning application, lists comparing permitted uses within the NC and MMN zone districts, as well as conceptual site plans, architectural elevations and renderings depicting potential future development scenarios on the property. Following introductory remarks and the introduction of individuals representing City staff and the applicant, Cameron Gloss provided an overview of the requested rezoning and a summary of the public review process. The applicant presented a series of displays associated with the rezone application and potential conceptual development plans, entertaining questions from attendees. It was acknowledged by the applicant and City staff that the conceptual development plans would not be entered into the public record for consideration by the City's Planning and Zoning Board or the City Council. Neighborhood residents generated the following questions, comments and concerns. Responses were provided by staff and the applicant at the meeting. 1 Q = Question A = Answer C = Comment Q: Who owns the property requested for rezoning? A: The Cumberland Companies. The applicant has an option to purchase the property from the Cumberland Companies and has been given the right to apply for the rezoning. Q: How will site lighting be designed? A: No lighting plans have been designed yet. Detailed lighting plans are submitted and evaluated at the time that the development plans are reviewed. Lighting is subject to stringent standards found in the City's Land Use Code that require shielding of light fixtures, and other means to reduce glare and light spillover to surrounding areas. Q: What type of tenants could the neighborhood expect to be within the Center? A: Financial institutions, restaurants, personal services, a deli, and a range of general retail. Q: How will the site be accessed from adjacent streets? A: The City's Traffic Operations Department has stated that they will limit access directly to the site from Timberline to a right-in/right-out movement. 3/4 and potentially, full-movement access will be provided from Drake Road. Q: When will construction being on the NC-zoned site? A: Later this year. C: Once the "door is open", adding NC uses, it could set a precedent for other commercial uses along Timberline Road. 2 Q: What uses are desired by the applicant that are not allowed within the MMN zone? A: A full range of retail; restaurants greater than 1,100 square feet. C: A Drake Road access point to the site which aligns with Sagebrush Drive will create a safety issue for motorists. C: Some neighbors perceive that traffic safety problems will increase if commercial development occurs as planned under the rezoning. C: The Parkwood/Parkwood East neighborhoods don't have access to a commercial center without crossing an arterial street. 3 Cameron Gloss -zoning change requestny Be mean/S/S/Sell Page 1 ATTACHMENT From: "Patricia Vaeth" <pevaeth@earthlink.net> To: <cgloss@fcgov.com> Date: 03/15/2006 1:38:48 PM Subject: zoning change request by Bergman/Sell Mr. Gloss, I'm the president of the board of directors of the Parkwood Property Owners Association. I spoke with you briefly at the open house held with Mr. Bergman and Mr. Sell on March 2. 1 wanted to communicate with you further after consulting with the rest of my board members and trying to get a feel from other Parkwood homeowners as to how they would vote on this issue. Mr. Bergman has been requesting a letter of support from my board for the upcoming meeting with the Planning and Zoning board tomorrow evening. I have told him that I'm unable to give him such a letter, as most of my board members are either not supportive or remain skeptical of the plans requiring a zoning change for the five acre parcel on the corner of the Spring Creek Farm property. While the building plans appear attractive enough to us on paper, they don't specify the types of commercial enterprises that would eventually occupy them, nor can they project the ultimate impact on our neighboring communities of Parkwood and Parkwood East. I've not heard from any non-board members other than the few who attended the open house, and I don't know if anyone will attend tomorrow evening. I myself will not be attending, but please accept this e-mail communication as conveying the PPOA board position as I know it. This matter will be brought for discussion at our annual board meeting on March 21st, but by then I assume your board will have made a decision on the zoning change matter. Some of my board members would prefer to have no commercial development on the Spring Creek Farm property, or to have development of less density, but given the present zoning status, we understand that is not feasible. Given the choices, the consensus seems to be that we are asked to choose the lesser of two evils, with the developers advocating for their plan and the city planners settled on theirs. The largest concern of Parkwood residents is the increased traffic along the Drake corridor, along with increased congestion and safety concerns at the intersections of both Drake and Lemay and Drake and Timberline. Those of us who live on Rollingwood Drive are especially concerned about increased "cut- through"traffic. It seems inevitable that traffic(and with it, noise and air pollution)will increase with any development option, and so I would ask that the city consider ways to minimize the impact and inconvenience that will ensue for Parkwood and Parkwood East residents. Beyond that concern, the neighbors I spoke with seem to feel that we are already adequately serviced by the businesses at Scotch Pines and the recently-built stores and supermarket at the corner of Drake and Timberline. To add more of the same sort of commercial services at the corner diagonally opposite from the King Soopers site would invite unnecessary competition and repetition of services that are already established and convenient to Parkwood residents. Some of my neighbors are concerned about this proposed commercial area becoming a gathering spot for teens from FCH, which again, would aggravate traffic congestion problems and further increase the potential for accidents and/or vandalism in this area. On a more personal note, I feel that since this property is to be developed, it would be preferable to have another residential housing development similar to Parkwood -one which would incorporate landscaped commons areas and amenities- possibly a pond or water feature, a playing field or park area, or perhaps even a communal gardening space. As a Master Gardener with the Larimer County Cooperative Extension, and a strong environmentalist, I would make a plea for an increased area of landscaping or xeriscaping, with perhaps a barrier of trees or maybe a naturalized area of grasses and wildflowers along the street-sides and between the railroad tracks and any future residential construction to the east-a scenic view-something that would make living near a railroad track and a police complex somewhat inviting for future residents. This approach would also help maintain or improve property values for homeowners in Parkwood, Parkwood East , and neighborhoods to the south -something that is also a concern to most of the neighbors I've spoken with. Cameron Gloss-zonin ,change request by Bergman/Sell Page 2 1 understand the impulse to increase density to avoid sprawl (though Fort Collins is certainly sprawling out in all directions anyway), but I think the planning and zoning board needs to consider more seriously the factors of human and environmental health. The closer people are jammed together, the more stresses, both physical and emotional, are put upon them, as well as on the environment and natural resources that are used to support them. Kids would be healthier and more constructively involved if they had safe space to play and roam in, a clubhouse, or a tennis court to play on, rather than yet another McDonald's or Walgreen's to hangout in. One of the reasons I chose Fort Collins to move to in1984 (besides CSU that I would attend), was the presence of parks and lakes and trails, and the closeness to the open farm fields and the mountains that surrounded the city. It seemed the ideal place to settle down and raise my children. I hope we don't completely lose to developers' ambitions what was, to me, the best of what Fort Collins and the Front Range had to offer. City planning should be, 1 think, planning for a quality of life. To me, that doesn't mean more and more street corners full of shopping options. Thank you for your consideration, Patricia E. Vaeth, President/Landscape Committee, PPOA CC: "Gretchen Jorgensen" <gretchen@frii.com>, "Scott Gordon" <abby199@comcast.net>, "Paul Tanguay" <Paul.tanguay@avagotech.com>, "Tony Bonanno" <anthonybonanno@hotmail.com>, WL Johnson" <mjohnson@lamar.colostate.edu>, "Gayle Hemenway" <gaylehemenway@excite.com> Cameron Gloss- FW: re-zoning re uest for NW corner Drake &Timberline Page 1 From: "Janet Kurman" <jkurman@igc.org> To: <cgloss@fcgov.com> Date: 03/12/2006 6:28:23 PM Subject: FW: re-zoning request for NW corner Drake &Timberline From: Janet Kurman [mailto:jkurman@igc.org] Sent: Saturday, 11 March, 2006 17:39 To: 'cgloss@fc.gov.com' Subject: re-zoning request for NW corner Drake &Timberline Hi Cameron, Thank you for returning my call late Friday afternoon. As I described on the telephone, here are my concerns about changing the currently zoned "MD" acreage on the NW corner of Timberline& Drake to "Commercial Neighborhood"; based on the information you gave me I assume that an L-shaped parcel would be used to site something along the lines of a gas station/mini-market or the like. I am opposed to this re-zoning proposal because: 1. Over the past 5 years the traffic on Timberline north/south has grown and will continue to grow once the project of widening the last segment of Timberline from Drake to Prospect is completed. As it is now, traffic on Timberline needs to be controlled when there are services&events at Timberline Church. Making a left-hand turn from southbound Timberline can be difficult and time-consuming as the church traffic streams in/out. With the completion of the King Soopers and other commercial businesses on the SE corner of Timberline & Drake, traffic turning off of Timberline or Drake to enter the shopping center& gas station has increased. Even tho the approaches to the shopping center are"set back"from the intersection it still makes entering Timberline from Custer or vice versa difficult. The T & D intersection is congested and will be more so once the widening project is complete and the Sidehill development is finished. The larger the intersection becomes the less pedestrian-& bike-friendly it becomes. 2. Most of the traffic well exceeds the 40 mph speed limit at present making entering/exiting the Rigden Farm development challenging. I suspect the same will be true for the Sidehill development residents. I can only imagine the challenge of entering/exiting a commercial establishment on the NW corner of Timberline & Drake once Timberline widening is completed. I only hope by having the police services building in to the neighborhood soon that it will cause knowing drivers to slow down on Timberline. 3. Most importantly I fail to see the need for additional commercial establishments/business at the Timberline/Drake intersection. Along with the planning effort made to give an Old Town/neighborhood feel to Rigden Farm, most of us who chose to live there understood that in addition to a King Cameron Gloss FW re-zoning request for NW corner Drake &Timberline Page 2 Soopers there would other commercial businesses and service within walking distance of our homes. At present the commercial space in the King Sooper plaza is not completely occupied. Anyone wanting to open a business in the neighborhood could easily find space within the King Sooper plaza or within 1 % miles or less from the King Soopers. Timberline Road from Drake south to Caribou is lined on both sides with brand new commercial space, most buildings appear to have plenty of vacancies, and with more commercial buildings currently under construction. Thank you for giving me the opportunity to comment on the rezoning request. Sincerely, Janet Kurman 2827 Chase Drive Fort Collins, CO 80525 493-0875 Cameron Gloss-S ring Creek Farms Rezoning#24-00C Page 1 From: <sisakson@larimer.org> To: <cplanning@fcgov.com> Date: 03/07/2006 10:58:32 AM Subject: Spring Creek Farms Rezoning#24-OOC I am unable to attend the March 16 meeting but I am in favor of this rezoning and believe that ease of access should be taken into consideration. I live in Parkwood East, work on Midpoint Drive and shop at the Drake &Timberline King Soopers. While Us true there are 2 gas stations/convenience stores within this area, neither are on the north or west sides of the busy streets (Prospect&Timperline). For me to access either of the current neighborhood centers on my way home, I must cross traffic either entering or exiting (or both) and as traffic in this area continues to increase, crossing traffic will add additional danger and could impede traffic flow. Thanks for soliciting input and accepting written comments. Sonja J. Isakson 1730 Sagewood Dr. 282.3831 home 2555 Midpoint Dr 496.5902 work ATTACHMENT 6 Planning and Zoning Board Minutes April 20, 2006 Project: Spring Creek Farms Rezoning and Structure Plan Amendment, #24-OOC Project Description: Request to rezone approximately 5.05 acres of property located on the northwest corner of Timberline Road and Drake Road from MMN, Medium Density Mixed-Use Neighborhood to NC, Neighborhood Commercial. The applicant is proposing to amend the Structure Plan to correspond to the requested zoning. Recommendation; Denial Hearing Testimony, Written Comments and Other Evidence: Cameron Gloss, Director of Current Planning gave the staff presentation recommending denial of the request. Director Gloss reported that in 2001 the larger property, 55 acres and known as Spring Creek Farms was rezoned from T, Transition to three different zone districts; E — Employment on the north end of the site, which is now the site of the new Police Administration Building; a balance on the site on the west side zoned LMN, Low Density Mixed-Use Neighborhood and on the east and south part of the site, MMN, Medium Density Mixed-Use Neighborhood. The portion being talked about this evening is a piece of the MMN zoned portion. He stated that the Parkwood and Parkwood East neighborhoods to the west, the Meadows East neighborhood to the south, the developing Side Hill mixed density immediately to the east and to the south east is the Rigden Farm development. A predominant element is a Neighborhood Center that the Board approved that is anchored by a King Sooper's grocery store. Director Gloss showed site shots of the immediate area and discussed the Neighborhood Centers within the area and uses approved within those Centers. Director Gloss noted that an important part of the staffs analysis is that the NC Center is not yet complete for Rigden Farm. He showed a slide of the center and discussed retail opportunities that have yet to locate in that center. This was an important amenity that staff worked with the developer on at the time Rigden Farm Center was Master Planned. This creates a neighborhood amenity and staff feels that this is part of the focal point that is necessary for a Neighborhood Center to be successful. The applicant is making a case that the service area for this area is actually larger than one mile, that it is actually one and a half miles. In the Board's packet Planning and Zoning Board Minutes April 20, 2006 Page 2 is a marketing analysis where the applicant contends that there is additional market that needs to be served by NC zoned land within this area, including the subject property. The aerial photograph graphic that is provided shows a mile and a one and a half mile radius. The applicant has provided a fair amount of information so the Board understands the rationale that has been provided. The one area that staff has struggled with is that there is a policy in City Plan that is an MMN policy that says essentially that the Neighborhood Center should serve an area where residents don't have to cross an arterial street. This was cited by the applicant as part of their justification for the rezone. Director Gloss showed the aerial photograph again and wanted to discuss the applicant's justification and the staffs analysis. Staffs position is that the Neighborhood Center for King Sooper's is sized at the appropriate scale between 15 and 20 acres which is that targeted under City Plan to provide essential services to up to four neighborhoods. That Center has the prime ingredient which is a supermarket, and it provides for daily needs and is clearly a situation where neighbors within close proximity can take a short trip by vehicle, by bicycle or as a pedestrian. The applicant contends that it is a very difficult crossing at Timberline and also at Drake. Staff would concur that because it is an arterial street with high volumes of traffic and it is going to continue to increase on Timberline over time that that is an impediment, but does not override the fact that we already have an NC designated center that is fulfilling those needs and there is vacant land within the NC center that is still necessary to build out and be part of the economic viability of that center. By allowing this use essentially reduces the viability of the Neighborhood Center at Rigden Farm. There have been a couple of change of conditions since 2001 and the Board received a memorandum from Greg Byrne, Director of Community Planning and Environmental Services acknowledging those change in conditions due to the Police Services Building that is being built on the north end of the site. Also since the time that the 2001 rezoning other critical amenities have been built, the aforementioned King Sooper's site, the Side Hill LMN Center, although small provides some of the convenience goods for people to the east of Timberline and also the Timberline Center which will provide some of the services for others west of Timberline. There are also other City Plan policies that apply to this rezoning application. When we talk about commercial zoning there are very specific statements in City Plan that we are not going to repeat the pattern of strip commercial development that we see on major arterials. We have considerable development along Planning and Zoning Board Minutes April 20, 2006 Page 3 several major arterials, College Avenue being the most prominent, but we are trying to set a different pattern where the focus is on centers not on development along our arterials. From the staffs standpoint the Neighborhood Center at Rigden Farm provides that focal point so it is not necessary to make the rezone come forward at this point. Staff is recommending that the Board recommend that City Council deny the request to amend the Structure Plan. In conclusion Director Gloss pointed out that the Board received a letter from a neighborhood resident, Peggy Greiss dated March 2ntl and since wants to retract that letter from the record. She had objected to the rezone request and now wants to change her position and wanted him to make that statement for the record. She is here this evening and wanted to address the Board on that issue. That concludes his agenda report. The applicant handed to the Board a copy of his presentation (Exhibit 1) for the record. Jim Sell, Jim Sell Design, representing the SC Investment Group, LLC gave the applicant presentation. The first question is why are they requesting this rezone. He would use the expert he brought with him who uses a mile and a half radius around these commercial centers in order to determine what the demand is. A very in depth study was don't that there was a need for 180,000 s.f. of retail within that mile and a half radius around Rigden Farm Center. The current zoning does not allow enough flexibility of uses to support a successful center. Does the rezone they are requesting meet the criteria. Yes they think it does on a couple of counts but one particular is the Police Administration Building goes way beyond what anyone could expect in the MMN zone. Is the proposed zone consistent with the City Comprehensive Plan? Yes they think it is. They are requesting a rezoning of approximately 5 acres of the 55 acre Spring Creek Farms MMN development. Their proposal is based feedback that they got from the neighborhood. They sent out approximately 1,000 letters to the neighbors to illicit their response. There was one negative letter and that resident is here tonight to rescind that letter. They met at a regular neighborhood meeting and there were also multiple meetings with neighborhood leaders as well. What is not being considered is that the city is not a homogeneous mixture from one edge to the other. Some areas of the city have all kinds of commercial and retail opportunities in them and others don't. There are about 800 acres that is bound by Lemay, Timberline, Horsetooth Road and Prospect Road. In that 800 acres within those arterials with the exception of a commercial center at Prospect Planning and Zoning Board Minutes April 20, 2006 Page 4 and Lemay which has a very nice neighborhood restaurant in it, but there are no retail store services or anything inside that 800 acres. Today if you follow City Plan and bring an LMN project over 40 acres you have to have some kind of activity center like what is being proposed at Side Hill. By City Plan standards this 800 acres would have about 8 of those at least. Pretty much an accepted standard is a quarter mile distance that we are willing to walk and walking to the Rigden Farm project is very daunting crossing that intersection. Peter Cudlip and piers in his office have developed 1.5 billion dollars in commercial development in their careers. They don't look at these things in light hearted fashion and not willing to risk their money if they don't feel there is an opportunity there. He is available if the Board has questions or comments. Mr. Sell pointed out on his aerial photo that the red circle is the mile and a half radius that he used in this study to determine that need. The 180,000 s.f. is based on full build out of the Rigden Farm Center. It does not take into account the other two projects that Director Gloss mentioned at Side Hill and Timberline Center which is an industrial site that does not offer the same kind of amenities you could have in an NC development. The issue that they are trying to make is that the current MMN zoning for commercial uses does not offer the opportunities to create the level of activity necessary for a successful commercial development. He highlighted the commercial uses in the existing MMN zoning district and stated that they were very limited. Prior to City Plan their firm did the site planning and landscape design for Poudre Valley Plaza. That project employed a lot of the new urbanistic concepts that were used in City Plan. It is a project that he is proud of but in 10 years since that project was approved the one mixed-use building still remains to be built. Since City Plan was adopted in a period of about nine years, so far in the MMN zone commercial use there has been one project approved and that was in 2003 and that is at the corner of Stanford and Hosetooth Road and it has still not been built. He thinks that if you look at the evidence in that period of time that we have had no activity to speak of and certainly nothing built in that zone in a commercial way. He is not saying that it does not work to have mixed use projects and he thought that mixed use projects work well in the downtown area. This is the crux of what they are about is dealing with this issue. They disagree, they think there is a great deal of demand and the fact that the 800 acres was developed outside Planning and Zoning Board Minutes April 20, 2006 Page 5 of the new urbanism philosophy of City Plan where we don't have any services within quarter mile radiuses like we do new LMN developments and is that is the heart of their proposal. With the meetings they have had they have tried to suggest that the uses that the neighborhood did not want, they would take out and the uses they did want they would leave in. A big one would be a site down restaurant within walking distance would be very desirable. Mr. Sell showed a slide of the expanded uses they would want to retain and the uses that would be eliminated. What they would propose would be deed restrictions or some kind of restriction at the zoning level and according to the City Attorney's office that is something that can be done even though it is not desirable. Mr. Sell addressed the issue of has anything changed since 2001. The very first paragraph in the MMN zone in the Land Use Code talking about the purpose states, "a neighborhood may also contain other moderate intensity complementary and supporting land uses that serve the neighborhood." He was referring to the Police Administrative Facility which is a huge project and suspects that 1,000 residents were not notified about it. He showed a comparison of a 2-story house and the Administration Building and stated it is twice the size of the largest building allowed in the NC zone at 96,000 and is 250 feet x 368 feet in dimensions and has up to 397 employees. Next he showed an aerial view of the LSI Logic building at the comer of Ziegler and Harmony. Next he showed a scale footprint of the Police Facility overlaid on top of it and stated that they were both 3 story buildings. Next he showed Budweiser and stated that with 400 employees it would make you the 10'" largest employers in Fort Collins right now, Budweiser has 700 which makes it 60% the size of Budweiser and it is located in the MMN zone. He did think something did change and he does not think anyone could have anticipated it and he does not really understand how it got approved. There are 5 six lane arterials planned in Fort Collins, two are north/south and one of those is Timberline Road and it separates this corner we are talking about from the Rigden Center. Mr. Sell showed a comparison the College and Drake and Timberline and Drake intersection and he stated that you won't find many pedestrians walking across that intersection. He stated that the intersection at Timberline and Drake before any more expansion happens is 40% larger than Drake and College Avenue. Of course you can walk across those intersections and yes there is an island in the middle but you would not do it if you had an alternative. Planning and Zoning Board Minutes April 20, 2006 Page 6 Next Mr. Sell went through a series of slides and stated that one thing that is not being considered here is as density increases what side of the street you are on becomes more and more critical. Mr. Sell discussed potential traffic and pedestrian conflict scenarios with the existing retail at Rigden Farm and if the proposed NC zoning would exist (See Exhibit 1). They are just asking to move or expand the NC across the street a little. This is not a new idea and we have done it in at least 4 areas, Elizabeth and Taft Hill Road, Stuart and Shields, Glen Haven and Shields and Horsetooth and Shields. All of those locations the NC crosses the interchange. It makes sense to have it cross the interchange when you look at commuter traffic and how people shop on the way home. It saves a lot of conflicts and cuts down on the potential for accidents and it also makes it more of an incentive for people to walk if they can get there easily and safely. Finally they would like to address if this request is consistent with the City's Comprehensive Plan. Staff says it is not and we think it easily is. The first two slides (see Exhibit 1) shows the distance from the edge of the NC one-quarter mile, which is what we are typically willing to walk easily. The Policy is 2.1 in the MMN is that, "a Medium Density Mixed-Use Neighborhood should extend an average of about one-quarter mile from the edge of the adjacent Neighborhood Commercial Center to the edge of the MMN zone. All of the Police Facility 10 acres is outside of that. If we extend the NC across the intersection it easily captures all of the Police Facility and the combination of the two capture all of the MMN that has been zoned on all three quadrants of that interchange. Principle T-3 states "City transportation programs will promote the reduction of vehicle miles traveled through strategies that reduce trip generation and length and increase automobile occupancy." The residences highlighted in red (see Exhibit 1) are most likely to walk to this Center because the Power Trail goes right through the center. There is a one mile radius the Scotch Pines and a one mile radius around the Lemay and Prospect Centers and that leaves a big area outside of the Rigden Farm one mile radius. Because someone was wise enough to put the trail in, it makes it convenient in an evening to step outside your back door and get on the trail and walk to a Neighborhood Center. This is an area that would be "pock-marked" with little shopping opportunities had this been LMN zoning and developed today because it would be required. What he is trying to do is try to explain why it would help bring this more in-line with City Plans intent. Planning and Zoning Board Minutes April 20, 2006 Page 7 Mr. Sell skipped through some of the Policies (see Exhibit 1) and stated that if when looked at you can see that they do comply. Mr. Sell stated that they do not have to comply with both of these policies, and they really just have to address the first one which the Police Facility is clearly something that has changed and he thinks they do comply. Policy T-9.1 Vehicle Miles Traveled (VMT), and he thinks he made the point clear earlier and that it is going to be much more attractive to walk. Think about the people who work in the Police Facility when they go to lunch if they could walk to this area after being at a desk all day, would they do that if there is no opportunity to eat here or would they get in their car and drive to Rigden or would they walk and cross the interchange? This general size range is based on a five-minute walking distance (about a quarter-mile) from the edge to the center and a ten-minute walk (about a half- mile) edge to edge. There are 800 acres that do not have anything in the center, so he is trying to bring something closer to take advantage of an existing trail system so people will walk on it. The other point is that it brings all of the MMN and all of the 400 employees at the Police Facility within a quarter-mile of NC. Expanding the NC across the busy intersection will 1) improve both pedestrian and vehicular safety; 2) improve pedestrian and vehicular access to shopping; 3) expand the choices available to walk-in customers; 4) increase the chances that a viable neighborhood retail center will succeed; 5) help fill the void for commercial demand. Lastly Mr. Sell wants to address the staffs "Findings of Fact." Mr. Sell stated that they don't necessarily think that those are the "Facts." The first one has to do with "The Structure Plan amendment is not warranted since the existing mix of retail and service uses found within the Rigden Farm Neighborhood Commercial Center located directly across Timberline Road provides sufficient goods and services necessary to sustain nearby neighborhoods. Further, the Rigden Farm Neighborhood Center has been effectively integrated with an overall street pattern, design and scale that is compatible with the surrounding neighborhoods and not segregated from them, and has been designed in a manner that fosters transit service for the Center and surrounding neighborhoods." He agrees with that except that it is not very assessable to the pedestrians and bicyclists on the west side of Timberline because there is a five-fold chance of getting hit by a car if you walk to this center to the one they are proposing and that is one way. Mr. Sell asked the Board to think about crossing a major arterial intersection. Planning and Zoning Board Minutes April 20, 2006 Page 8 Second, "The proposed Structure Plan amendment and rezone is not supported by the City's Comprehensive Plan policies and will not promote the public welfare." Mr. Sell thinks that their application does meet those policies. His experience has been that you can go to those Policies and you can find things to support you and you can find things that don't support you. Clearly, there are things that do. Three, "There are no changed conditions within the neighborhood surrounding and includingthe subject property that warrant the rezone." Mr. Sell once again 1 P P Y 9 referred to the Police Facility. Four, "The proposed rezoning is not compatible with the existing and proposed uses surrounding the subject land, and is not the appropriate zone district for the land." Since this is an extension of the NC zone resulting in only a 16% increase in the existing NC, and keep in mind that there are 3 acres of the original Rigden Farm NC that was not developed as NC retail, he thinks is now elderly care. This is not a stretch of the imagination to pickup that three acres and insure the remaining two that will viable uses by these recommendations that they are making. Five, "The proposed rezoning will not result in significantly adverse impacts on the natural environment." Mr. Sell thought it would not and they think it will reduce vehicle miles traveled and it would be an improvement. Six. "The proposed rezoning does not result in a logical and orderly development pattern." He thinks that is the same answer as number four. Mr. Sell addressed the concerns about strip development. There is no possible way this can be strip development like College Avenue (see Exhibit 1) and the entire area is already existing residential development. The area is already being built as LMN and the Rigden area surrounded by MMN. What they are talking about is a compromise and they have made a lot of effort to talk to the neighbors and it is a compromise that protects the neighborhood and serves the neighborhood and reduces the vehicle miles traveled and increases the likelihood that people will walk to shopping and recreation. Mr. Sell believes that in nine years there has been no acceptance that the MMN Commercial has not worked in 9 years and there is no evidence that is does in the suburban neighborhoods. Planning and Zoning Board Minutes April 20, 2006 Page 9 Is there a demand for significantly more retail than Rigden Farm; yes. Does the rezone meet the criteria; yes. Does the proposed rezone meet the Comprehensive Plan; yes. Mr. Sell asked the Board to keep in mind that it does not have to meet both of the last two points. Mr. Sells' presentation was concluded. Member Schmidt asked if the recently approved Timberline Center was directly north of the Police Facility. Director Gloss replied that for all intensive purposes it is, there is an intervening small out lot that is a possible detention area and is about 250 feet wide. Member Schmidt asked if the Timberline Center had restaurants. Director Gloss replied that it does have provisions for restaurants. Member Schmidt asked if there were restaurants in the Rigden Farm. Director Gloss replied that there are two at the present time and a potential for more as the project builds out. Member Schmidt asked how on the Power Trail do you get across Drake. Mr. Sell replied that there is a red flashing light and cars stop. Chairperson Lingle asked if 7.5 acres of MMN secondary uses of the total acreage is not enough of what they are looking for. Mr. Sell replied that it is not the acreage it is the uses that are allowed. It is extremely limited as to what you can do in MMN commercial. You can have a restaurant of about 1,400 s.f. and it has to be part of a mixed-use building. It can't be a stand alone restaurant which is about 3,000 to 4,000 s.f. Director Gloss wanted to expand on Mr. Sells' comment. His stated objection was the list of permitted uses. If you go into the Land Use Code under the MMN zone district and look at the list of permitted uses and as an Administrative Review it is quite limited. When you get into a Planning and Zoning Board Review you are allowed to have personal and business service shops, offices, financial services, clinics, small veterinary clinics as well as a small restaurant that was mentioned. There are some commercial uses that are permitted and there is a wide range of services that could be provided. It sounds like the retail Planning and Zoning Board Minutes April 20, 2006 Page 10 piece of it and the larger restaurants are the missing uses here that they wish to go forward with that would not be permissible in the MMN even as a secondary use. Member Schmidt asked if this particular acreage gets rezoned, then are they still allowed 15% of the rest of the MMN zone for secondary uses. Mr. Sell replied yes. PUBLIC INPUT Peggy Greiss, 2254 Eastwood Drive stated that she originally opposed the change in zoning for the Spring Creek Farms at the northwest corner of Timberline and Drake. She now believes it would be more advantageous to have commercial development at that location. Having to look at what the city allowed to be built at Side Hill Development just north of Drake on the east side of Timberline she is convinced that local property values would be better preserved by commercial development on this corner. If the renderings presented at the neighborhood meeting are the true representations of what is to be built on this property, she feels that it would be an asset to the neighborhood. Considering what the city has let be built along Side Hill it would definitely add to the property values and it would add to the looks and it would keep that corner very upscale. Right now we have the back of King Sooper's which they did an excellent job of walling off and setting up so you don't hear or see the trucks coming in and the building itself along with the First National Bank building are very good looking buildings. You look at the condos that have been built on the northeast corner of Timberline and Drake; they are condominiums but they look like lodge type building and they are very good looking buildings and well done and the landscape is good. You go further north and they are building houses that look like the disaster they built on Horsetooth just west of the tracks at Mason Street. Tall skinny two feet between the buildings with detached garages, and just not a good looking development in her opinion. She is afraid that if we leave this corner the way it is we are going to have more of that and she would rather see what they showed her on this corner rather than having tall skinny buildings that are two feet wide and 10 feet high. She knows that bringing that concentration of commercial to that corner probably seems in conflict with what is going on in the neighborhood but she does know that walking across Timberline is basically taking your life in your hands. She is also concerned with traffic planning for this corner and it is her understanding that no matter what is built on this corner that the traffic plan is already set but she would hope that further study would be done and a Planning and Zoning Board Minutes April 20, 2006 Page 11 neighborhood meeting would be held before they actually put in some of these streets. A lot of things got "ram rodded" when they approved the Police Facility. It happened very quickly and it is a very large and elaborate building and she thinks what we have done with this neighborhood has changed when they added this Police Services building. Knowing what it is like to get to the King Sooper's building and knowing what it is like to try and do anything on this corner, she thinks that moving the NC on across makes more sense than trying to scatter little pockets of commercial all the way through this residential neighborhood. PUBLIC INPUT CLOSED Chairperson Lingle asked if the one mile service area that staff is using is supported by certain City Plan policies. Director Gloss replied that if you go to the City Plan document, there is a graphic that's referenced about the neighborhood structure and in that graphic it shows a template of how the LMN Neighborhood Centers function and how both the CC, Community Commercial and the NC, Neighborhood Commercial Centers function. In that graphic it depicts this one mile radius from center to the edge. Member Fries stated that the applicant addressed that scenario as one size fits all for the entire city and could staff elaborate on that. He agreed with the applicants comment that that may be a fine plan for one section of town but not necessarily for others. Director Gloss responded that he understands the comment and appreciates what the applicant is saying, but if you go back to the graphic he showed that had the various circles and the overlap of those areas. As Mr. Sell stated if you go to the north, there is an existing restaurant that is within walking distance; if you go to the west there is Scotch Pines where there a lot of essential services provided in that center. They are within that one mile service area. There is a pretty consistent overlap once you get outside the College corridor. Clearly on College there is some anomalies. Take Whole Foods Market, which is a destination and they are doing very well in part because it's almost in the geographic center of the community. When you get outside of College Avenue and you look at this ring where densities are similar to the neighborhoods that are within this service area and you will see this pattern that is created. That is really the premise of the Neighborhood Commercial Centers both in City Plan and previously in the Land Development Guidance System. This policy has been around for many years. Planning and Zoning Board Minutes April 20, 2006 Page 12 Member Fries asked about the policy that is in City Plan and was it based strict) p Y Y Y on economics or is it a safety issue. For example so what there is overlap is staff contending that you have traffic and pedestrian problems or are we trying to protect other economic concerns. Director Gloss replied that we are trying to protect other economic concerns as he mentioned in his presentation and also within his staff report is that the Shops at Rigden Farm has a fair amount of vacant ground. They also have committed to an incredible amenity package that goes above and beyond most Neighborhood Centers in Fort Collins. Go to that center and look at the quality of the architecture, the quality of this evolution of Illinois Drive as a pedestrian oriented street and that happened in part because the developer had some assurance that this was the Neighborhood Center that the city was going to focus on. Council Members have questioned staff about using economics as a criterion for evaluation of a project. In this case this is not a development plan per sea, this is a legislative action. From staffs perspective the viability of the Neighborhood Center across the street does matter and by approving development near by will diminish the viability of that center and that is a negative for the community. Member Schmidt thought that with the addition of the Police Facility with 400 employees is definitely a substantial change but talking about viability we approved the Timberline Center so that will add some more commercial and some more restaurants. She wondered that in the point of time that staff was considering this was that project already approved? She was wondering in looking at the whole need for the area, if you take those additional retail and restaurants into consideration if you don't feel the area is well served. Peter Cudlip, representing the applicant replied that the reason they did the one and a half mile ring and they really look at the one and a half mile ring for Neighborhood type centers. That is based on guidelines that are nationally recognized. He knows that City Plan uses a one mile ring. They used the one and a half mile ring to come up with their study of the required based on national standards, based on the amount of income, based on the amount of people of the required retail. To answer the question directly, there is still if you look at their study 180,000 s.f. of unserved retail demand in the market area. The Timberline Center will take up some of it. The project is in an industrial zone and it is not an NC zone and that project will be more automotive related. Yes there will be some restaurants in there, but they won't be the type of upscale community restaurants that they are looking at putting in and the other type of retailers they are looking at. A gathering place where people where people want to come from the neighborhood and gather. Planning and Zoning Board Minutes April 20, 2006 Page 13 The other point that was not made in the presentation was that Timberline is being increased to a six land arterial. That is a huge change and the Police Administration building is a huge change even from when Rigden Farms was approved. Member Rollins asked if the Police Facility were not going in there and homes or apartment building were built instead would that be similar and would the needs be met. Director Gloss replied that he did not run those numbers but his observation would be that you have different needs for residential development versus an employment area. Member Rollins asked in the Neighborhood Commercial were the high turn over sit down restaurants and some of the uses they are seeking, were those specifically put in Neighborhood Commercial to generate a bigger area of interest and this community flavor versus some of the restaurants that are allowed in the MMN which are smaller lower scale. You have a bigger mass there so you create that Activity Center. I replied that was absolute) right. When you look at what the Director Gloss p y g intention of what the NC, Neighborhood Commercial District is it is to provide a focal point for a neighborhood and to provide those essential services. That dictates the size, in this case 15 to 20 acres because you have to have the critical mass. It speaks to having a grocery store or supermarket as the anchor because that is the type of service that people use on a weekly or daily basis. That is why it is 15 to 20 acres and not 5 like an LMN center or even 10 because you have to have that critical mass. You have to have the intensity of the development to generate the kind of uses that you need and to afford some of those other amenities that we are talking about in these projects that go above and beyond other commercial development. The quality of the pedestrian environment within the NC district, the community gathering space which is a required element. In the case of Rigden Farms more of a main street retail type of atmosphere. We really don't have that in any other Neighborhood Center to that degree as what has been accomplished at Rigden Farm. Member Schmidt understand the idea behind Rigden Farm and all the work that has gone into it and the benefits of it, but she is having some trouble with the commitment in City Plan to encourage the pedestrian and bicycle uses because if she were in any of those RL zones on the other side of Timberline, she would not want to cross Timberline without driving to get there. She was wondering as Planning and Zoning Board Minutes April 20, 2006 Page 14 we make these large arterials if we don't need to look at supplying some other alternatives for people on the other side. Member Stockover thought that people will not walk that far to go to a restaurant and if you can cross Drake you can cross Timberline. He did not see the compelling offer that one corner is better than the other corner. He sees most everybody getting in their car and driving there and once you are in that intersection you can go to any corner. Mr. Sell responded that they sent out 1,000 invitations to the neighbors and only one lady objected and she came here tonight and rescinded her objection. This is not something that the neighbors are in disagreement about. Member Stockover did not see a compelling argument on either side and so if he does not see either one convincing him to change he is going to stick with let's not change anything. Member Schmidt asked if it came down to basically that staff truly feels that changing to zoning on the other side would negatively impact the Rigden Farm Development and the applicant feels that there is enough need that that would not happen. Director Gloss replied that it is a combination of factors as the staff report indicated. It is the diminished value there potentially at Rigden Farm which is important. But just as important as that is that we set up City Plan to have a different pattern of commercial development that is more concentrated. It maybe escaping some folks because it is based somewhat on urban theory, but on the other hand we have an L shaped parcel where the objective of the applicant appears to just be capturing drive by traffic on two arterial streets as much as anything when we already have a viable center that provides the essential services needed for the area and from staffs perspective in showing those service areas to the north, those neighborhoods are served, to the west and to the south are served with Rigden Farm, the Scotch Pines center to the west and other centers to the north and south. From staffs perspective the plan does not need to be changed. We satisfy the demand today and we heard from the applicant that they provided a market study that says that the service area should be bigger and that was the conclusion that they drew and staff does not necessarily agree with that. The other thing is that there is another commercial center that has been approved just a few hundred feet from the Police Facility that does have a restaurant use permitted and that does have other types of services uses. The E, Employment Planning and Zoning Board Minutes April 20, 2006 Page 15 zone is intended to support employment uses and he would argue that the Police Facility is an employment type use even though it is a community facility. Member Fries commented that Tuesday night there was a major overturn of a zoning situation based on what the neighborhood wanted. There are compelling arguments both on the city's side and on the applicant's side. The fact that we did provide adequate public notice and a lot of the concerns that seem to be spelled out in the staff report are not being spelled out by the public. He would tend to lean toward approving this rezoning. Member Schmidt commented that she thought the direction they were talking about on Tuesday night was the predictability and that is what we have in this case. This is also been zoned through the Structure Plan as MMN and is there a real need to change that if everyone has assumed in the whole Rigden Farm and it was designed based on what the structure is. Member Fries responded that City Plan does provide predictability and in a setting like this there is ample time and notice for people to be opposed to it. In this case we have not had one person come in front of them from the neighborhood saying they don't like this idea. To him it says they do like the idea. Chairperson Lingle added that if they don't feel directly impacted they are not likely to come out and defend City Plan. He thought what staffs obligation is and this Board to a certain extent is to support, defend the planning policies in the Structure Plan we have adopted community wide unless there is a compelling reason not to. He has no doubt that the design of this center would be exemplarily, but he is just concerned about what rezoning this would mean into the future with other similar types of situations where we really are trying to establish a Neighborhood Center based neighborhood plan and part of the applicant's presentation was that this has not been demonstrated in an MMN zone in a suburban type of density. He would contend that the intent behind this is that it is going to become an urban level density where the intensification where it needs to be supported by higher density housing and it feathers out as it goes away and he thinks the Police Facility is only going to reinforce that whole concept providing a strong employment base in this general area to support all the kinds of activities that are going to occur. Where he comes down is that he is nervous about diluting what we have going with Rigden Farm by allowing it to creep across the intersection. He thinks that the applicant has made some compelling arguments but if it an even pros and Planning and Zoning Board Minutes April 20, 2006 Page 16 cons he feels that he has an obligation to remain in favor of supporting City Plan as it stands and not amending the Structure Plan. Member Fries moved to recommend approval to City Council the Spring Creek Farms Rezoning Structure Plan Amendment. He thinks that the proposed Plan amendment would promote the public welfare and will be consistent with the Visions, Goals and Policies of City Plan. Member Schmidt seconded the motion. Member Stockover would not be supporting the motion. He was not convinced that another center across the street would really enhance anything except for the people who are very close. Of the 1,000 people that they polled he has not been able to see what they told them. Sometimes it is easy to sell someone on an idea, but we still have the vision of City Plan that we need to let play out. If you tell one property owner that this is what we are going to do and the first time somebody says we can enhance that a little bit across the street at his expense the vision is not playing out. He did not feel that the applicant has given him enough of a pitch to tip him away from that thinking. Member Schmidt commented that she has a concern about Timberline being a large arterial to cross but on the other hand she feels that we did approve the project north on Timberline which was not a rezone but uses that are allowed in the zone they did have. She did feel that will serve some of the area and if people want to bike on the Power Trail then they will be able to get that area as close as they can get to this one. She thinks that she would be more in favor of this project if we had not already approved the other one. The motion was denied 4-1 with Members Rollins, Schmidt, Stockover and Lingle voting in the negative. Member Schmidt moved to recommend denial of the Spring Creek Farms Rezone and Structure Plan Amendment based on the Findings in the Staff Report starting on Page 7. Member Stockover seconded the motion. The motion was approved 4-1 with Member Fries voting in the negative. Planning g and Zoning Board Mi nutes April 20, 2006 Page 17 JIM SELL DESIGN r SC Group Investments, LLC: 1 Bill Bergman and Peter Cudlip Transportation: Gene Cappola Planning: Jim Sell, Jim Sell Design, Inc. Why are we requesting this rezone? There is a demand for 18o,000 sf of retail within a 1.5 mile radius of this site. The current zoning does not allow enough flexibility of uses to support a successful center. Does the rezone meet the criteria? Yes...the Police Administration Building goes way beyond what anyone could expect to see in the MMN zone. Is the proposed zone consistent with the City Comp. Plan? Yes IT y � We are requesting rezoning of 5 acres of the Spring Creek Farms MMN to NC with deed restrictions. This is based on feedback we received from individual meetings with the neighborhood leaders we mailed to over i,000 homes in the Parkwood and Lake Sherwood neighborhoods. We met with the collective HOA's twice and held the mandatory neighborhood meeting. • As you can see, a large portion of the existing older neighborhoods that are located west of Timberline Road are separated from shopping by Timberline and most of them are over V2 mile from any of the shopping (NC) opportunities in this area of Town. The recently completed multi-use trail almost perfectly bisects both neighborhoods. This trail and the new pedestrian light on Drake make access to the northwest corner of Timberline and Drake very easy. By creating a small, viable commercial center on the northwest corner of Timberline and Drake these neighborhoods (west of Timberline) would be much better served. It is safer for both pedestrians and commuters and it • will reduce vehicle miles traveled. The problem is this: the MMN zone allows such a limited amount of commercial uses that it is difficult to create enough "critical mass" for a successful center. Therefore we are asking your approval to expand the NC (with the specified restrictions) across the intersection. elfit' �- tl, • Peter Cudlip is an expert at commercial land development. He and his colleagues have successfully completed over $1.5 billion in commercial development. v • According to his analysis of the market, in a i.g-mile radius of this site there is a need for i8o,000 sf of additional retail. That is after considering all of the floor area in Rigden Farms. While additional.retail has been proposed and planned within this radius, ex,perience has shown that what has been approved, is not always built. If we don't provide adequate shopping opportunities within each neighborhood, we will be increasing vehicles miles traveled. We agree that this MMN neighborhood should have a comrnercial district. • The issue is how do you make that happen? The current MMN zoning is not so liberal with private business uses as it is with PUBLIC facilities. Since 1997 no one has been able to successfully create a viable commercial center within the MMN zoning district. The uses were expanded recently to allow coffee shops and some other minor uses, but it didn't go far enough to create the critical mass for private business to survive in a suburban environment. :�. ~ $w; ..,�.- . ;_ .. .. Fei _, r __.. r .�§ h�- Prior to the adoption of the City Plar., our firm designed the site plan for Poudre Valley Plaza at Horsetooth and Shields. It incorporates many of the principles that were eventually incorporated into City Plan including a mixed-use building. . Nam.,. Over 10 ;years after approval, this building has not been completed. Bella Vista was approved in 2003 Approve, in v e'en:z 4 The developers recently asked for modifications to the MMN allowed uses The only MMN retail development approved (2003) in the past 9 years was Bella Vista (northeast corner of Horsetooth and Stanford). It was never built. 12 Ituwnl end L mm'as sun mmlagrs 13 =>.-. 1'd M1el�hho-Fuoil 9^-•,"r_ I Trnnail radilin witLam rcpairor smmie. 35l.ndvN nzuuranu. - 3 1 a,(food MSIala.nlf(xilM1om aria-in acdrix—dnoaiL rarilltes 1. a flea11LandsaoadwnSipda6 s eroren aom lorny�dn¢brlx.rnr.eam:,.::nd Is.uunl:md alon.mm N:Anni sun.rcreeq„ ,•_ 11�nn.and rzn,ynm,aauertxl. ' u ode.-ai'ral,llr.,a.afGel6. 7 lledlloan1flilloneaa s r:ynhaacm.emmzslmnisull,enls x;ma.n n.na.oem..o,. e ongan.'ae.rn'aiae�. 16 Ih;m a o.". 11 r na ralninF o.Smau food prutln............... -11\1'iro-lne lelrrommuni'.fion facilities. 13 IM n1 reslnmxnl.(.i.h.n1 IN,.1-41— hra'ililia). The limited NC zone requested would add the opportunity for a STANDARD RESTAURANT as well as a variety of other retail and sei vices that would help create the necessary activity for a successful center. And many more neighbors will walk instead of drive. I�� The main objections we heard from the neighbors was NO BARS or AUTOMOTIVE SERVICE. These are among the uses that are eliminated by deed restriction. The Timberline Center to the north is zoned Industrial and will provide these kinds of opportunities however it will not provide neighborhood retail. Primary criteria for rezoning: a. Is the request consistent with the City's Comprehensive Plan? and/or b. Are there changed conditions within the neighborhood surrounding and including the subject • property that warrant the rezone? Let's start with b. Something has changed since 2001. Recently, voters approved a capitol improvement referendum that included construction of a io-acre Police Administration Building that will eventually employ nearly 400 officers and support staff, operating 24 hours a day. The structure is 56 feet tall, 368 feet by 250 feet and 96,00o square feet in floor area. (That is more than 2 times the largest building floor area allowed within the NC zone - 45,000 s.f. grocery store.) 5 (Quoting from the F.C. Land Use Code for iVlMN Zoning Purpose) "....... a neighborhood may also contain other MODERATE - INTENSITY complementary and SUPPORTING land uses that serve the neighborhood." I: The io-acre, 40o employee Police Services Building serves the ENTIRE community. It is NOT moderate in intensity. It is NOT complementary to the neighborhood. Yet staff A] tell you "nothing has changed." 6 F 1.. rl r � Here is an aerial view of the LSI Logic building at Ziegler and Harmony. S ter.+-�'. � ..-.nw--: «°.y�.`'' _ �� � � �� • Here is a scale footprint of the Police Facility overlaid to give you some idea of the magnitude of this building. Today a business with 397 employees would be the ioth largest employer in Fort Collins. Budweiser employs 700 pezo ja pp1 IIN11 TIMMM 6 If we compare this facility to other large employers; it is nearly 6o% the size of the Budweiser Brewery in terms of the number of employees. Yet staff would tell you "nothing has changed." This facility will generate from 2 to 3 times the number of trips per day as io acres of MMN residential that it will displace and it will operate 24 hours a day every day. Yet staff would tell you that since it is allowed in the MMN Zone, "nothing has changed......does it belong here at all? I i t r 1 Here ;s the master street plan for Fort Collins. Ens you can see, there are only 5 major 6-lane arterials planned. One of those is Timberline Road, which separates this MMN neighborhood from the shopping at Rigden. 1 s 9, f � R3t [ii AArrs�wt "I A fit as � ♦ ilYt' f Y J A� w. s _ Iw' h Mere is a comparison of the College/Drake and Timberline/Drake intersection. I know everyone here is familiar with the College/Drake intersection. You may not have realized that the Timberline/Drake intersection is about 40% larger. This is a real deterrent to pedestrians. Imagine yourself walking across either of these wide, busy intersections. i �vr ewwnxse L@F MMN' I Lau (1 Y) Here are some diagrams of pedestrian and vehicular routes to Rigden and to the proposed Spring Creek Farm Center. fc moom FARM F'ARV, �UNOW Mw FT 0.0YH• LMN MMN N gpfi�(� pci.v. fl 3 WAN Ofl � .. 1 fUUM[ Of Yp A. . i cOlLW�11Wv. iF fYM1G�. LMN WAN T�Rpll�_� 1w.x A � °ill k y ��e 3 5% Y, 'f 1 t L iTr. I Y^ 4 a. e lilt M w `C`✓"F��3t�'`"�x'�+h^w��i '+'.'ql'"t �� fi�dy'��� �"���. d`� , y 1 % e ����¢ . N _ In, y,e @�c AFC We would respectfully ask you to consider expanding the NC zone across this intersection. This is not a radical idea. We have this exact same configuration in at least four locations in the City now. Staff will tell you that it won't be necessary. The MMN zone allo,"Ts commercial uses. This concept has not worked in suburban neighborhoods. Finally, 1 would like to address: a. Is the request consistent with the City's Comprehensive Plan? The following will demonstrate consistency with • City Plan Principals and Policies: i Y -ILERAOIUS i I S MILE RADIFUS I • Policy MMN-2.1 Size. A Medium Density Mixed-Use Neighborhood should extend an average of about one-quarter (114) of a mile from the edge of the adjacent Neighborhood Commercial Center, Community Commercial District, Employment District, or an Industrial District, subject to adjustment for site-specific or pre-existing circumstances such as a major street, major drainageway, or existing development. The proposed amendment would slightly expand the physical size of the existing NC zone but it would bring the MMN zone closer to a 1/4-mile depth on the northerly boundary. This would result in a more logical and orderly development pattern. A `4 .. • PRINCIPLE T-3: City transportation programs will promote the reduction of vehicle miles traveled through strategies that reduce trip generation and length and increase automobile occupancy. The existing RL neighborhood to the west represents about 800 acres of housing with no access to existing or planned centers between the Prospect/Lemay Center and the Harmony Corridor without crossing a major north-south arterial street. Expanding the NC zone across Timberline will provide convenient access for the existing RL neighborhoods to the west and easy in-out access for southbound traffic on Timberline and • westbound traffic on Drake. The net effect will be a reduction in vehicle miles traveled. Policy T-4.1 Bicycle Facilities. The City will encourage bicycling for transportation through an urban growth pattern that places major activity centers and neighborhood destinations within a comfortable bicycling distance, that assures safe and convenient access by bicycle, and that reduces the prominence of motorized transportation in neighborhoods and other pedestrian and bicyclist-oriented districts. Facility design will also plan for: b. Bicycle access should be improved to major activity centers, schools and neighborhoods, and barriers removed in these areas to improve circulation. Facility development, safety and convenience should be established throughout these destinations. Level of service standards for bicyclists should be higher within these areas. Expanding the NC zone across Timberline will allow more goods and services to be available to bicyclists from the west without crossing a major arterial street. Policy 1=5.1 Land Use. The City will promote a mix of land uses and activities that will maximize the potential for pedestrian mobility throughout the community. Expanding the NC zone across Timberline will allow more goods and services to be available to pedestrians from the west without crossing a major arterial street. Policy T=9.1 Vehicle Miles Traveled (VMT). The City will continually strive to reduce the growth rate in vehicle miles traveled ,(VMT)MT) by implementing a VMT reduction program that strives to meet or exceed the performance of similar programs in comparable cities. Expanding the NC zone across Timberline will provide convenient access for the existing RL neighborhoods to the west and easy in-out access for southbound traffic on Timberline and west bound traffic on Drake. The net effect will be a reduction in vehicle miles traveled. Principles and Policies: Neighborhoods All New Neighborhoods (AN) New Lots Density Mixed-Use Neighborhoods (LMN) New Medium Density Mixed-Use Neighborhoods (MMN) Existing Neighborhoods (EXN) A neighborhood is more than just a housing development by itself. It's about too tol6o acres in size -- large enough to support services and amenities which meet some of the needs of daily life, but small enough to be defined by pedestrian comfort and interest. This general size range is based on a five-minute walking distance (about a quarter- mile) from the edge to the center and a ten-minute walk (about a half-mile) edge to edge. The existing RL neighborhood to the west represents about 800 acres of housing with no access to existing or planned centers between the Prospect/Lemay Center and the Harmony Corridor without crossing a major north-south arterial street. Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be integrated into the surrounding Medium Density Mixed-Use Neighborhood, contributing to the neighborhood's positive identity and image. Residents should be able to easily get to the Center without the need to use an arterial street. I hope you agree that we DO meet, not just one of the rezoning criteria, but BOTH. Finally, I would like to address "Staff findings of fact" I. The Structure Plan amendment is not warranted since the existing mix of retail and service uses found within the Rigden Farm Neighborhood Commercial Center located directly across Timberline Road provides sufficient goods and services necessary to sustain nearby neighborhoods. Further, the Rigden Farm Neighborhood center has been effectively integrated with an overall street pattern, design and scale that is compatible with the surrounding neighborhoods and not segregated from them, and has been designed in a manner thatfosters transit service for the Center and surrounding neighborhoods. I agree the Rigden Farm Neighborhood Commercial Center is very well designed. Unfortunately it is not very accessible to the pedestrians and bicyclist on the west side of Timberline. 10 Please try to think about crossing a major arterial intersection that you are familiar with. It really does influence our shopping patterns. 2. 'The proposed Structure Plan amendment and rezone is ;not supported by the City's Comprehensive Plan policies and will not promote the public welfare. 1 have already addressed this extensively. There are many points. I would refer to the safety and convenience issues 1 brought up earlier. Extending the NC across a 6-lane arterial adds convenience to both commuters as well as neighbors to the west who want to walk to the store. The rezoning brings • the MMIN and the 400 employees of the Police Administration Facility within the 1/a mile guideline in the Land Use Code. 3. 'There are no changed conditions within the neighborhood surrounding and including the subject ;property that warrant the rezone. I hope you agree that the New Police Administration Facility would change any neighborhood and based on the criteria for MMN, there would have been no way to anticipate such a facility. 4. 'The proposed rezoning is not compatible with the existing and proposed uses surrounding the subject land, and is not the appropriate zone district for the land. Since this is an extension of the NC zone resulting in only a 1 i6% increase in the existing NC across the street, it will better meet the Policy of keeping the surrounding limits of MMN within a 'A mile from the NC and it is surrounded by MMN. How can it not be compatible? Don't forget, at least 3 acres of potential retail at Rigden was developed as a care facility. 5. 'rhe proposed rezoning will not result in significantly adverse impacts on the natural environment. In fact there will be a reduction in vehicle miles traveled as a result of this action, which will reduce • air pollution. 6. The proposed rezoning does not result in a logical and orderly development pattern. This is the same response as #4. Expanding the NC across this busy intersection will: n Improve both pedestrian and vehicular safety • Improve pedestrian and vehicular access to shopping Expand the choices available to walk-in customers Increase the chances that a viable • neighborhood retail center will succeed +� Help fill the void for commercial demand We agree with Staff on this: there needs to be neighborhood commercial uses available to the existing and future residents and employees located on the west side of Timberline. n This praject is not a strip development like College Avenue and the existing development precludes this from happening. It is interchanged with the Police Administration Building, residential and the existing residential south of Drake. The issue is how do we make this happen? In 9 years, no one has built a commercial center within the NMIN Zoning District in the City of Fort Collins. We have demonstrated the need and history has proven that the existing MMN formula does not work. My clients are proposing a compromise that protects neighborhood values and insures that there is enough commercial diversity and critical mass that private businesses have a chance at malting a living. Is there a demand for significantly more retail in this neighborhood? YE;S Does the rezone meet the criteria? Yes Is, the proposed zone consistent with the City Comp. Plan? Yes We cannot afford to experiment any longer. This neighborhood needs more convenient shopping. TFLANK YOU Spring Creek Farms Structure Plan Amendment and Rezoning m e o � m m MMN vs. NC Uses ,.J b. • 2 � ~ r4 ~( v• � � 4 � � - w <%S wt ® w �> -4�� � � r > «««. ! -- \��/ -- � -- ��) � -- � _. 8 ��» a � -- , � � n..• .,... ___ ���� s RESOLUTION 2006-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP WHEREAS, the City has received an application to rezone certain property located northwest of the intersection of Timberline Road and Drake Road,which property is presentlyzoned in the "MMN" Medium Density Mixed Use Neighborhood Zone District, which rezoning request is known as the "Spring Creek Farms Rezoning"; and WHEREAS, the Council finds that the proposed Spring Creek Fars Rezoning complies with the Principles and Policies of the City's Comprehensive Plan, as well as the Key Principles of the City's Structure Plan,but does not comply with the present land use designation shown on the City's Structure Plan Map for that location; and WHEREAS, the Council has determined that the proposed Spring Creek Fars Rezoning is in the best interests of the citizens of the City and comports with the City's Comprehensive Plan except for the City's Structure Plan Ma eP Y P; and WHEREAS, the Council has further determined that the City's Structure Plan Map should be amended as shown on Exhibit "A" attached hereto. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council finds that the existing City Plan Structure Plan Map is in need of the amendment requested by the applicant for the Spring Creek Fars Rezoning. Section 2. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the vision,goals,principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map be, and hereby is, amended so as to appear as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of May, A.D. 2006. Mayor ATTEST: City Clerk CITY OF FORT COLLINS STRUCTURE PLAN C:[vaf Port Coll'ns .. Wellington �• � IMMsor M I- ?g Reser o U Fort Collins - - - �I Wellington CR 56 \I ` Separator 1 = Cobb D.quglas rake La Porte 71., 7�'� \ BellvueTernCR 54G � CR.52 i Long — Pond -Country Club I i T � /1/IOX Dntlenmeier i 3 rake Mountain-Vista U m — CSU 47 Foothills O - """"- t 'Ine -^ _ Campus - � 1 GMA Expansion '------"- � - Area f - - � Mulber - _ -- SH 14 Lory II 1 i State u 11 r csu Park ----, I Prospect i -rli-P CSu = a m T E Stadiu H U U J E n U r` Sr1i Drake !�: _,- , , - - -",' Timnafh �^ Fort Collins. Rerervo6 Timnath Separator Horsetooth Mountain I— �— Horsetooth Park f N Timnath d ��� Harmony i O r -- .-���. Fort Collins - 9- r - Timnath - co I i - -` Windsor - � i — Separator Wildflower j _! . .__..-.ti t 'r._ Trilby Expansic 'r_ ----- /- Area 1 .. lFossa c, x .- Rese. \--.I ----. Carpenter --- SH 392 I Fort Collins - 08 Loveland Separator Windsor CR=38 Loveland 0 0.5 , Boundaries DistrictsMiles Fort Collins GMA If Downtown District Industrial District Edges Corridors Community Separator N Enhanced Travel Corridor (Transit) Potential GMA Expansion d Community Commercial District Neighborhoods q� � Foothills � Poudre River Corridor 41n Other City GMA Commercial Corridor District Urban Estate "446 � Rural Lands Poudre River JJII Planning Area Neighborhood Commercial Center Law Density Mixed-Use Open Lands, Parks, Stream Corridors Adjacent Planning Areas Campus District Medium Density Adopted Mixed-Use ^/ City Limits 4F Employment District May 16, 2006 ORDINANCE NO. 086, 2006 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 SPRING CREEK FARMS 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: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "MMN", Medium Density Mixed-Use Neighborhood District Zone District, to "NC", Neighborhood Commercial Zone District, for the following described property in the City known as the Spring Creek Farms Rezoning: A TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE SE 1/4, ASSUMED TO BEAR N 00 DEGREES 01' 49" W, WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE SE CORNER OF SECTION 19; THENCE N 00 DEGREES 01' 49" W, 103.75 FEETALONG THE EAST LINE OF SAID SE 1/4; THENCE 89 DEGREES 58' 11" W, 56.96 FEET TO THE WESTERLY RIGHT OF WAY OF TIMBERLINE ROAD PER THAT DOCUMENT RECORDED AT RECEPTION NO. 2001007023, RECORDS OF LARIMER COUNTY AND THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY 21.84 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NW, SAID ARC HAVING A RADIUS OF 14.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 22' 16",AND BEING SUBTENDED BYA CHORD THAT BEARS S 44 DEGREES 40' 01" W, 19.69 FEET; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF EAST DRAKE ROAD PER THAT DOCUMENT RECORDED AT RECEPTION NO. 2001007023 OF THE RECORDS OF LARIMER COUNTY THE FOLLOWING 4 COURSES: 1)S 89 DEGREES 21' 51" W, 148.62 FEET; 2) S 84 DEGREES 56' 33" W, 287.40 FEET; 3) S 87 DEGREES 21' 43" W, 122.23 FEET; 4) S 89 DEGREES 21' 13" W, .68 FEET; THENCE N 00 DEGREES 01' 49" W 219.26 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY 23.56 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SE, SAID ARC HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 00' 00", AND BEING SUBTENDED BY A CHORD THAT BEARS N 44 DEGREES 58' 11" E, 21.21 FEET; THENCE N 89 DEGREES 58' 11" E 219.04 FEET TO A POINT OF CURVE; THENCE EASTERLY 23.78 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, THE ARC HAVING A RADIUS OF 89.50 FEET, A CENTRAL ANGLE OF 15 DEGREES 13'22",AND BEING SUBTENDED BYA CHORD THAT BEARS S 82 DEGREES 25' 08" E, 23.71 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHEASTERLY 171.33 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NW, SAID ARC HAVING A RADIUS OF 81.50 FEET, A CENTRAL ANGLE OF 120 DEGREES 26' 44", AND BEING SUBTENDED BY A CHORD THAT BEARS N 44 DEGREES 58' 11" E, 141.48 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHERLY 23. 78 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, SAID ARC HAVING A RADIUS OF 89.50 FEET, A CENTRAL ANGLE OF 15 DEGREES 13' 22", AND BEING SUBTENDED BY A CHORD THAT BEARS N 07 DEGREES 38' 30" W, 23.71 FEET; THENCE N 00 DEGREES 01' 49" W, 297.56 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY 23.57 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SE, SAID ARC HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 01' 49", BEING SUBTENDED BY A CHORD THAT BEARS N 44 DEGREES 59' 05" E, 21.22 FEET; THENCE N 90 DEGREES 00' 00" E, 207.15 FEET TO THE WESTERLY RIGHT OF WAY OF TIMBERLINE ROAD; THENCE ALONG THE WESTERLY RIGHT OF WAY OF TIMBERLINE ROAD PER THAT DOCUMENT RECORDED AT RECEPTION NO. 2001007023 OF THE RECORDS OF LARIMER COUNTY THE FOLLOWING 4 COURSES; 1)S 01 DEGREES 15' 05" E, 124.68 FEET; 2) S 02 DEGREES 10' 36" W, 120.12 FEET; 3) S 05 DEGREES 46' 19" W, 30.56 FEET; 4) S 00 DEGREES 01' 49" E, 345.70 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PARCEL CONVEYED AT RECEPTION NO. 2001007023. 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 included in the Residential Neighborhood Sign District. Section 3. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 16th day of May, A.D. 2006, and to be presented for final passage on the 6th day of June, A.D. 2006. ATTEST: Mayor City Clerk Passed and adopted on final reading on the 6th day of June, A.D. 2006. Mayor ATTEST: City Clerk