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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/03/2006 - ITEMS RELATING TO THE NEW DAWN FORT COLLINS (RIGDE ITEM NUMBER: 23 A-B AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment. RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. The Planning and Zoning Board, at its regular monthly meeting on September 21, 2006, voted 7-0 to recommend approval of the New Dawn Fort Collins(Rigden Farm)Rezoning and Structure Plan amendment. EXECUTIVE SUMMARY A. Resolution 2006-102 Amending the City's Structure Plan Map. B. Hearing and First Reading of Ordinance No. 158, 2006, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the New Dawn Fort Collins Rezoning. This is a request to amend the City Structure Plan and zoning map on a 3.9 acre parcel located at the southeast corner of Iowa Drive and Limon Drive,in the Rigden Farm development.The current City Structure Plan designation is Neighborhood Commercial Center,with zoning the corresponding NC Neighborhood Commercial District. The applicant proposes a Structure Plan amendment on 3.9 acres to Medium Density Mixed-Use Neighborhood. APPLICANT: R&R Engineers - Surveyors c/o David Meyer 710 West Colfax Avenue Denver, CO 80204 OWNER: Rigden Farm, LLC 1027 West Horsetooth Road, Suite 200 Fort Collins, CO 80526 October 3, 2006 -2- Item No. 23 A-B BACKGROUND The applicant, R&R Engineers - Surveyors, on behalf of the property owner, Rigden Farm, LLC, has submitted a written request for the rezoning of 3.9 acres located at the southeast corner of Iowa Drive and Limon Drive, in the Rigden Farm development. The site is currently vacant. The requested zoning for this property is MMN - Medium Density Mixed-Use Neighborhood. Because the property is currently in the Neighborhood Commercial Center designation on the Structure Plan, an amendment to the plan is necessary. The adjoining existing zoning and land uses are as follows: N: NC, MMN: existing independent living facility(Spectrum, a residential use) W: MMN; undeveloped E: MMN; undeveloped W: NC; undeveloped The property was annexed into the City of Fort Collins as part of the Timberline Annexation in June 1997. Four main considerations underlie staff support for this Structure Plan amendment and rezoning request: 1. The properties to the north, east, and south are currently zoned MMN - Medium Density Mixed-Use Neighborhood. 2. This property is part of a 5-acre block that is surrounded on all four sides by public streets, with the southerly 2 acres already zoned Medium Density Mixed-Use Neighborhood. 3. An independent living facility (residential use) has recently developed on the property directly to the north, on the opposite side of Limon Drive. 4. Reduction in the size of the Neighborhood Commercial District by 3.9 acres will not have a negative impact on the surrounding area. The remaining 16 acres of developed and undeveloped NC-zoned properties will provide essential neighborhood goods and services as envisioned under City Plan. Staffs perspective is these considerations adequately support a conclusion that the Structure Plan could be changed in response to this request.The new designation would then support the requested rezoning to Medium Density Mixed-Use Neighborhood. The applicant has expressed the intent to construct a Long-Term Care Facility(assisted living) on the property and the use is not permitted in the NC District. A. Context of the Proposed Structure Plan Amendment The City Structure Plan is the primary basis for zoning decisions. An amendment is a prerequisite to this rezoning request. October 3, 2006 -3- Item No. 23 A-B To recommend approval of this proposal,staff and the Planning and Zoning Board have to find that: 1. the existing Structure Plan is in need of change; and 2. the proposed changes would promote the public welfare and be consistent with the vision, goals, principles, and policies of City Plan. These are the applicable criteria, contained in Appendix C of City Plan. The Structure Plan currently designates this parcel as Neighborhood Commercial Center,primarily based on the approved Rigden Farm, Overall Development Plan (ODP). B. Staff Analysis - Structure Plan Amendment Neighborhood Commercial Center The parcel is shown on the approved Rigden Farm ODP to be part of a larger grouping of proposed Neighborhood Commercial Center uses.The westerly 10 acres of that parcel has already developed as a neighborhood shopping center, with a supermarket as its anchor. There is still approximately 6 acres of land designated as Neighborhood Commercial Center between the shopping center and this property. Medium Density Mixed-Use Neighborhood City Plan calls for this Medium Density Mixed-Use Neighborhood to be co-located in conjunction with Neighborhood Commercial Center.This parcel,even if re-designated Medium Density Mixed- Use Neighborhood, would still be co-located with, and adjacent to,the Neighborhood Commercial Center immediately to the west. Also, this parcel is a part of a 5-acre block of land surrounded by streets on all four sides.The southerly 2 acres in this block are undeveloped and designated Medium Density Mixed-Use Neighborhood. Loss of a small parcel of NC zoning Many of the permitted uses in the Neighborhood Commercial are also found in the Medium Density Mixed-Use Neighborhood District, and vice versa. Staff finds the 3 acres are not a significant loss of Neighborhood Commercial in this area. C. Rezoning Request The applicant initially filed a rezoning petition with the City on July 7, 2006. The current request is to rezone a 3.9 acre parcel, from NC - Neighborhood Commercial to MMN - Medium Density Mixed-Use Neighborhood. In order to recommend approval of this proposal, staff and the Planning and Zoning Board would have to find that the rezoning is: 1. consistent with the City's Comprehensive Plan; and/or October 3, 2006 -4- Item No. 23 A-B 2. warranted by changed conditions within the neighborhood surrounding and including the subject property." The above criteria are found in subsection 2.9.4[H][2]of the Land Use Code and outline mandatory requirements for quasi-judicial rezonings. In addition, the following subsection 2.9.4[H][3] lists additional factors that may be considered along with the mandatory requirements for this type of quasi-judicial rezoning, as follows: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment'; and (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." Purpose Statements of the Zone Districts For convenient reference, the purpose statements of the two zone districts in question are listed below. • Purpose of the NC—Neighborhood Commercial District The purpose of the NC District (Section 4.19 of the Land Use Code) is to be: "a mixed-use commercial core area anchored by a supermarket or grocery store and transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed-Use Neighborhood. In addition to retail and service uses, the District may include neighborhood-oriented uses such as schools, employment, day care, parks, small civic facilities, as well as residential uses. This District is intended to function together with a surrounding Medium Density Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low-density neighborhoods. The intent is for the component zone districts to form an integral, town-like pattern of development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts." October 3, 2006 -5- Item No. 23 A-B • Purpose of the MMN—Medium Density Mixed-Use Neighborhood District: The purpose of the MMN District (Section 4.5 of the Land Use Code) is to be: "a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate- intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings,streets,bike and walking paths,open spaces and parks will be configured to create an inviting and convenient living environment." D. Staff Analysis - Rezoning Request. Is the request consistent with the City's Comprehensive Plan? Yes. If the Structure Plan Amendment is supported, then the zoning logically follows. Have conditions changed in the neighborhood to warrant the rezoning? Yes. A supermarket-anchored neighborhood shopping center has already been developed in Rigden Farm and there are still 6 acres of land zoned Neighborhood Commercial on properties between this property and the shopping center. Is the rezoning request compatible with existing and proposed uses surrounding the subject land and is it the appropriate zoning district for the land? Yes. It is covered by evaluation of the Structure Plan Amendment. Will the rezoning have adverse effects on the natural environment? No. Under either existing or proposed zoning, the same standards for protecting the natural environment will apply. Will the rezoning result in a logical and orderly development pattern? Yes. As explained under the Structure Plan amendment, the rezoning will result in a logical and orderly development pattern. Because of the interrelationship of the NC and MMN zone districts, with overlapping uses, this small change to the boundary will not disrupt the pattern. The applicant's expressed intent is to construct a Long-Term Care Facility(assisted living) on this site. Long-Term Care Facilities are not permitted in the NC -Neighborhood Commercial District but are permitted in the MMN - Medium Density Mixed-Use Neighborhood District. FINDINGS OF FACTS AND CONCLUSIONS After reviewing the New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment, staff makes the following findings of fact and conclusions as explained above: October 3, 2006 -6- Item No. 23 A-B 1. This request for a Structure Plan amendment would be consistent with the City's Comprehensive Plan policies. 2. This rezoning request is consistent with the City's Comprehensive Plan based on the Structure Plan amendment. 3. The proposed MMN — Medium Density Mixed-Use Neighborhood Zoning District is appropriate for this property under the proposed arrangement. 4. The proposed rezoning would not result in significantly adverse impacts on the natural environment. 5. The proposed rezoning would result in a logical and orderly pattern of development. STAFF RECOMMENDATION Staff recommends approval of the requested rezoning and Structure Plan amendment. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at their regular monthly meeting on September 21, 2006, voted 7-0 to recommend approval of the New Dawn Fort Collins(Rigden Farm)Rezoning and Structure Plan Amendment. ATTACHMENTS 1. Vicinity Map. 2. Existing Structure Plan— Site and Surrounding Context. 3. Proposed Structure Plan— Site and Surrounding Context. 4. Existing Zoning— Site and Surrounding Context. 5. Proposed Zoning— Site and Surrounding Context. ATTACHMENT 1 UE HAYML OW WA LMN M E DRAKE R LIMON DR INC m O 2 J J R CUSTER DR MMN aS LMN #56-98AL Rigden Farm, Portion of Tract A, 9/6/2006 N New Dawn Fort Collins Rezoning 1 inch equals 300 feet A ATTACHMENT New Dawn Fort Collins Rezoning Existing Structure Plan kR�SR ONRO M LMN K ❑ E DRAKE RD. m Z LIMON DR DES INES DR - CUSTER DR MMNci rc QQ u Lu 3 LMN J PARKFRONT OR POL Legend 9/26/2006 N Structure Plan Low Density Mixed-Use Neighborhoods �t Land Use Medium Density Mixed-Use Neighborhoods - Neighborhood Commercial Distinct O Parcels 1 inch equals 300 feet ATTACHMENT New Dawn Fort Collins Rezoning Proposed Structure Plan �R�SR ON'40 M LMN O 3 0 E DRAKE RD Z LIMON DR • P DES INES DR 00 tiP O MMN =�5 Z w 3 LMN .I PARKFRONT OR POL Legend 9/26/2006 N Structure Plan Low Density Mixed-Use Neighborhoods /t Land Use Medium Density Mixed-Use Neighborhoods - Neighborhood Commercial District O Parcels 1 inch equals 300 feet ATTACHMENT 4 New Dawn FortCollinsRezoning Existing Zoning DES '• MMIN �11 11�� ■ �� , LMN PARKrRONT DR Legend CF 1♦C �1��I� i'i � C 0.. CityZoning — Medium. Neighborhood - Parcels ZONE Neighborhood commercial _ Low Density ATTACHMENT 5 New Dawn Fort Collins Rezoning Proposed Zoning O M LMN -- 3 -- — o E DRAKE RD 0 rn Z MON R DES WES DR O� MMN O 2 J Y W 3 LMN JO J PARKFRONT OR Legend 9/26/2006 N City Zoning Medium Density Mixed-Use Neighborhood O Parcels A ZONE ® Neighborhood Commercial N` Low Density Mixed-Use Neighborhood Q Urban Estate 1 inch equals 300 feet RESOLUTION 2006-102 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 at the southeast corner of the intersection of Iowa Drive and Limon Drive, which property is presently zoned in the Neighborhood Commercial(NC)Zone District,which rezoning request is known as the "New Dawn Fort Collins Rezoning"; and WHEREAS,the Council finds that the proposed New Dawn Fort Collins 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 New Dawn Fort Collins 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 Map; 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 New Dawn Fort Collins rezoning. Section 2. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the vision,goals,principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk CITY OF FORT COLLINS STRUCTURE PLAN `•� Cityof Fort Collins •.•♦ Wellington --- _ . CR 58________—_________ , tMntlsor 02877 fteservar - Fort Collins - o Wellington CR 56 Separator lobb Douglas `aka La Porte Bellvu Tar, Lake i CR 54G s - ---.- - - - . CRv52 Lon; Po,xl F-Country Club ( A Willgx_ rbLnmarerntain Vista o t � I U _,CSu 7 , c Li_ I Foothills O ,_(1}:q r. L` -�IVine. _I Campus i<<., �. Z`' Y GMA ,r L• a �.�- ----- S_.:.... Expansion AreaMulberry X ; SH 14Lory StatePark + , 1 Prospect .t __. m csu Stadium - _ -- �, m E a _ t Drake Lmnath r Fort Collins - ft ewmr i Tim nath Separator Horsetooth Mountain --- Horsetooth Parkrl ( m N Timnath Qom . Harmony- - --- -}-L ._ _ ._ _ _._. ij j ._... - Fort Collins - j I Windsor ds orL ePari i o Wildflower � r..l - 1 ..- "ri- Trilby Exlsansto Area --r ._. FosslCreek U 4e Carpenter I SH 392 Fort Collins - 2a7 Loveland Separator Windsor CRr38 Loveland 0 0.5 1 Boundaries Districts 0 ETTSiml Miles ��+pp Industrial District Edges Corridors IY ;d Fort Collins GMA � Downtown Distract ``rR�¢a99�n dF Community Separator N Enhanced Travel Corridor (Transit) r� Potential GMA Expansion Community Commercial District Neighborhoods ",'t¢U�II � Foothills Poudre River Corridor r� Other City GMA Commercial Corridor District Urban Estate '4L � Rural Lands If Poudre River +Planning Area Neighborhood Commercial Center Low Density Mixed-Use Open Lands, Parks, 1iit Stream Comtlons Adjacent Planning Areas Campus District Medium Density Adopted Mixed-Use F Limits If Employment District October 3, 2006 2 ORDINANCE NO. 158, 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 NEW DAWN FORT COLLINS REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that the said property should be rezoned as hereafter provided; and WHEREAS,the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "NC", Neighborhood Commercial Zone District, to "MMN", Medium Density Mixed-Use Neighborhood Zone District, for the following described property in the City known as the New Dawn Fort Collins Rezoning: A tract of land located in the Northwest One-Quarter of Section 29, Township 7 North, Range 68 West of the 6th PM, County of Larimer, State of Colorado, more particularly described as follows: All bearings contained herein are based upon the north line of Northwest Quarter of said Section 29,assumed to bear South 89°26'35"East, 2641.75 feet,monumented as follows: a found 2.5"aluminum cap stamped"LS 17497"at the Northwest Corner and a found 3.25"aluminum cap stamped"LS 37963" at the North Quarter Corner, both of said Section 29. Commencing at the Northwest Corner of said Section 29; Thence South 89"26'35" East, 1084.69 feet; along the north line of said Northwest Quarter; Thence South 00*18'56" West, 366.85 feet; along the centerline of Iowa Avenue to the Point of Beginning; Thence North 89°55'37" East, 380.18 feet along the centerline of Limon Drive and the extension thereof the east line on a parcel of land as described in Ordinance#244 of 1998 of the City of Fort Collins, amending the zoning map; Thence South 48*52'11" East, 56.41 feet, along said east line; Thence along said east line and the arc of a curve to the right,having a central angle of 13°45'28", a radius of 680.00 feet, an are length of 163.28, whose chord bears South 55°44'55" East, 162.89 feet; Thence South 27°22'21" West 155.94 feet along said east line; Thence along said east line and the arc of a curve to the left, having a central angle of 10°33'02", a radius of 600.00 feet, an arc length of 110.49 feet, whose chord bears South 22"05'50" West, 110.33 feet; Thence along said east line along the arc of a non-tangent curve to the left,having a central angle of 15"24'40", a radius of 600.00 feet, an are length of 161.39 feet, whose chord bears North 82"21'47" West, 160.90 feet; Thence South 89"55'53" West, 284.70 feet, along said east line, to the centerline of Iowa Avenue; Thence North 00°00'39" East, 347.96 feet, along the centerline of Iowa Avenue, to the Point of Beginning. The above described parcel contains 170,413 square feet, (3.91 acres) more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is 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 3rd day of October, A.D. 2006, and to be presented for final passage on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk