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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/03/2006 - ITEMS RELATING TO THE HARMONY/SHIELDS REZONING ITEM NUMBER: 33 A-B AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Harmony and Shields Rezoning and Amendment to the Structure Plan. RECOMMENDATION Staff recommends approval of the amendment to the Structure Plan and zoning map to reconfigure the pattern of zone districts by relocating designation of NC,Neighborhood Commercial,presently sited between the proposed Troutman Parkway extension and Wake Robin Lane, to the northwest corner of Harmony Road and Shields Street where it would be centered on Wake Robin Lane. The Planning and Zoning Board voted 6-1 to recommend approval of the plan amendment and requested rezoning. EXECUTIVE SUMMARY A. Resolution 2006-104 Amending the City's Structure Plan Map. B. First Reading of Ordinance No. 161, 2006, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Harmony and Shields Rezoning. APPLICANT: Michael Markel 5723 Arapahoe Avenue#213 Boulder, CO 80303 OWNER: Darrell Knudson 17731 Irvine Blvd., Suite 202 Tustin, CA 92781 This is a request to amend the Structure Plan map and rezone a 58 acre parcel located on the west side of South Shields Street, north of Harmony Road. The rezone would essentially "switch" portions of the area zoned NC, Neighborhood Commercial, presently located in between the proposed Troutman Parkway extension and Wake Robin Lane, with portions of the area zoned Medium Density Mixed Use Neighborhood district. The resulting zone districts would include an NC-zoned parcel at the northwest comer of Harmony and Shields with the balance of the site zoned M-M-N, Medium Density Mixed Use Neighborhood. October 3, 2006 -2- Item No. 33 A-B BACKGROUND In July 2006,the applicant submitted essentially the same request as the plan previously rejected by City Council earlier this year. The surrounding zoning and land uses are as follows: N: M-M-N Vacant Pine View PUD (expired) R-L, U-E existing single-family residential (Mountain Ridge Farm Subdivision, Skyline Acres); Westfield neighborhood park S: R-L, U-E Existing detached single family residential (Westbury, Ridge, LMN Cottonwood Ridge Subdivisions), Front Range Community College; Harmony branch library E: M-M-N; Existing multi-family residential (Woodlands Condominiums) R-L detached single family residential (Woodlands) W: R-L; Existing detached single family residential (Westbrooke, Regency Park LMN subdivisions); Johnson Elementary, Weber Jr. High School, Dragon's Lair Wetlands; Harmony LDS Church • 1980 The property was annexed and zoned on June 3, 1980 as part of a larger parcel of land bounded by Horsetooth, Harmony, Shields and Taft Hill Roads. The initial zoning was conditioned upon the property being developed as a Planned Unit Development(PUD). • 1981 The 67 acre Pineview Master Plan and First Phase Preliminary Development Plan was approved by the Planning and Zoning Board on October 26, 1981. The first phase included approval of 326 multi-family units (apartments and condominium units) on 26.9 acres located at the northwest corner of Shields and Harmony Roads. The approved Master Plan included the following programmatic breakdown: Tract A (Phase 1) 326 apartments and condominium units on 26.9 acres Tract B 77 apartment and condominium units on 14 acres Tract C Neighborhood Commercial Center on 16.5 acres with 140,000-150,000 square feet of retail and non-residential uses. Tract D 97 townhouses and condominium units on 8.1 acres Tract E 124 townhouses and condominium units on 10.3 acres • 1983 Preliminary PUD plans for 80 apartment units (Tract B), a 157,500 square foot neighborhood shopping center (Tract C), including a 45,000 square foot grocery store on October 3, 2006 -3- Item No. 33 A-B 17.9 gross acres, 98 condominium units (Tract D), and 114 condominium units (Tract E), were approved by Planning and Zoning Board on July 25, 1983. • 1987 One-year extension to the Tract C approval for a neighborhood shopping center approval granted by Planning and Zoning Board July 27, 1987. • 1997 The City Plan Structure Plan Map was adopted. The map identified a red"dot'on the Pine View property,signifying the location of future neighborhood commercial center generally fronting on South Shields Street between Wake Robin Lane and future extended Troutman Parkway and the rest of the property designated Medium Density Mixed Use Neighborhood. The Zoning Map designated approximately 22 acres on the subject property Neighborhood Center (NC) District, in the area between Wake Robin Lane and Troutman Parkway (extended). The remainder of the subject property was zoned Medium Density Mixed Use Neighborhood (M-M-N). • March 16, 2006 Planning and Zoning Board evaluated a previous Structure Plan Amendment/Rezoning request on this property to "switch"portions of the NC and MMN districts on the subject property, moving a portion of the NC district to the corner of Harmony Road and South Shields Street, and unanimously recommended (6-0) that the City Council approve the request. The requested land area proposed for NC designation was 17.9 acres. • April 18, 2006 City Council disagreed with the Planning and Zoning Board,denying the previous Structure Plan and Rezoning application on a split vote(4-3). Expressed rationale for the denial was: 1. The loss of predictability for residents reliant on the adopted zoning pattern when they purchased their property; 2. Potential diminution of surrounding residential property values; and 3. Economic factors are not appropriate grounds for land use planning decisions. • July 13, 2006 Markel Homes submitted a revised request for Structure Plan Amendment/Rezoning. The revised request is essentially the same as the previously rejected plan. Differences in the submittal packet include a slight reconfiguration/expansion(0.6 acres added)of the rezoning area along South Shields Street, a transportation impact memorandum and different written statement discussing how the request meets the review criteria. October 3, 2006 -4- Item No. 33 A-B • Member 21, 2006 Planning and Zoning Board recommended 6-1 (Nays: Stockover) that the City Council approve the revised zoning request. 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 Considerations for Quasi-Judicial Rezonings. 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, stonnwater 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: Michael Markel, an authorized representative of the property owner has submitted a rezoning petition and corresponding request to amend the Structure Plan. Reason for request: The applicant's written statement includes the following justification for the City Structure Plan amendment and rezoning: October 3, 2006 -5- Item No. 33 A-B "It is our intention to develop the property in conjunction with a commercial developer. We are currently negotiating with Regency Centers and Safeway to develop the neighborhood center. A letter is provided from Safeway to express their interest in a corner location. We feel strongly that this request is in the best interest of Fort Collins, the existing neighborhood and the success of the new neighborhood center that will be located on the property. The existing Structure Plan is in need of the proposed amendment to reflect the proposed zoning for the following reasons. The Following Mandatory Requirements (Reason for Request) for Quasi-judicial Rezoning applications are listed as (A) and (B) with their representative responses listed below. (A) "Consistent with the City's Comprehensive Plan: " The proposed amendment will promote and maintain the existing public welfare and will be consistent with the vision, goals, principles and policies of City Plan as outlined below: Land Use Neighborhood Centers are typically located at the comer of two arterial roads on the structure plan. The zoning shift will provide a more compact urban design that will be conducive to efficient access for the larger southwest area of town. The zoning shift will enhance the character and sense of place by appropriately moving Commercial zoning from the backyards of low-density residential homes and moving it to the corner of 2 major arterial roads. Transportation A memorandum from Delich Associates is provided to highlight general traffic concerns and the proposed zoning shift. The zoning shift will implement land use patterns that will support effective transit, an efficient roadway system and provide for alternative transportation modes on trails and pedestrian street design. With the planned improvements to Harmony Road,commercial will be more centrally located and easier to access for this area of Fort Collins. Community Appearance and Design The proposed shift in zoning will create the best location for a Neighborhood Gathering Place for the greater neighborhood. The requested rezoning will place commercial in the best visual and accessible location and provide for a more appropriate transition of land uses and densities to adjacent property. October 3, 2006 -6- Item No. 33 A-B Economic Sustainability and Development The zoning shift is needed to foster commercial development and encourage investment on this Property. A successful neighborhood commercial development is more economically sustainable at the comer and will attract better commercial anchors, tenants and reduce vacancies. Housing The zoning shift will promote neighborhood stability by moving commercial development away from neighboring single-family homes. The shift in zoning is needed to appropriately transition between adjacent properties and proposed uses to enhance and maintain the neighborhood. Environment The requested zoning is located appropriately for a commercial neighborhood center. Commercial uses are more efficiently accessed at the corner of two arterials as opposed to the middle of the property. Open Lands Open lands along the western edge of the property will be maintained along the existing ditch corridor, as a trail and buffer. This trail corridor will promote alternative modes of transportation for walkers and bicyclists. This connection will allow interconnectivity between existing neighborhoods and the proposed commercial center. Growth Management The property is a sustainable infill site that will increase economic activity in the area to benefit existing residents and businesses. City utilities and services currently exist within and adjacent to the property. (B) "Warranted by changed conditions within the neighborhood surrounding and includinn the subject property" The Purpose of Neighborhood Commercial Districts "The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store..."—Division 4.19 The availability of properties to locate a Supermarket in this area of Fort Collins has changed. The availability of Supermarkets and Grocery stores to anchor this neighborhood center has changed. October 3, 2006 -7- Item No. 33 A-B The grocery market has changed and requires sites to be more accessible and visual to build new exciting stores. Based on these changes,the proposed zoning shift is required to successfully anchor this neighborhood center. Based on trade areas and existing store locations,Safeway is the only potential supermarket for this location and they will not locate there unless located at the corner. Without a strong supermarket anchor, this neighborhood center will not attract as quality tenants or be as viable a gathering place for this area of Fort Collins. "(3)Additional Considerations for Quasi-Judicial Rezoning. " "(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;" Appropriate Planning The requested rezoning is more compatible with existing zoning and uses than the existing zoning locations. The shift will promote neighborhood stability by moving commercial development away from neighboring single-family homes. The requested zoning is the most appropriate zone to transition between adjacent residential properties and proposed uses to enhance and maintain the neighborhood. "(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 functioning of the environment;" Minimal Impacts • The property is a sustainable infill site surrounded by existing development. • Shifting the existing zoning will not adversely impact the natural environment • Arterial streets are the most appropriate buffer to front commercial uses. "(c) Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." Smart Growth Locating Neighborhood Commercial zoning at corner locations is logical and typical in Fort Collins. The proposed shift in zoning is a more orderly development pattern by locating Residential against existing residential back yards and locating commercial along busy arterial roads." October 3, 2006 -8- Item No. 33 A-B STAFF ANALYSIS City Plan Structure Plan Map Minor Amendment: The City Structure Plan envisions neighborhoods as the primary building block to the community. Multiple neighborhoods are viewed as parts of larger residential districts served by a grocery store and other frequent destinations for its residents. These essential services are provided to residential districts in"Neighborhood Commercial Centers"which are denoted on the Structure Plan as a red square,rectangle or polygon. Typically,Neighborhood Commercial Centers are 15-20 acres in size. Such centers are intended to serve as a true focal point for surrounding neighborhoods through not only goods and services but the provision of public gathering spaces and other civic amenities. Neighborhood Commercial (NC) centers work in tandem with, and are surrounded by, Medium Density Mixed Use Neighborhood (MMN) zone districts. The subject property provides both the Neighborhood Commercial Center needed to support surrounding neighborhoods as well as the higher density uses found within the medium density mixed use areas that concentrate housing within easy walking distance of services and that provide a transition to the surrounding lower density residential areas. Staff finds the requested Structure Plan Amendment consistent with adopted City Plan principles and policies. The slight shift of the Neighborhood Commercial Center and Medium Density Mixed Use Residential areas still allow both districts to function synergistically as envisioned under the Plan. The location of existing and planned future roadways, such as Wake Robin Lane to the west, Westbury Drive to the south, and the future western extension to Troutman Parkway to the north, will allow for direct vehicular, bicycle and pedestrian connections to the center. The size of the Center at 18.6 acres is in keeping with the 15-20 acres generally envisioned for such districts. From staff s perspective,the proposed zoning reconfiguration has the benefits relative to the present City Structure Plan layout: • The reconfigured Medium Density Mixed Use (MMN) District provides more residential transition to abutting low-density residential development to the west than the existing location. • The relocated NC district will result in fewer existing single family residences directly abutting the commercial center. • Traffic Impacts to the surrounding neighborhood streets to the P g gh west will be less with an NC center at the corner of Harmony and Shields. According to the submitted Traffic Analysis prepared by a Professional Traffic Engineer,the proposed location will provide less "cut-through" traffic to neighborhoods lying to the west. This is particularly important given the number of children attending Johnson Elementary School and Webber Junior High School, both located west of the site. • City Plan recognizes the need for a grocery store or supermarket; this configuration is likely necessary if th need is to be met. October 3, 2006 -9- Item No. 33 A-B The applicant has not submitted an amendment to the Open Lands, Parks and Stream Corridors designation that crosses the subject property nor is there a requirement to do so in order for the parcel to be rezoned NC,Neighborhood Commercial. It is acknowledged that the illustration found on the Plan is a very rough approximation of the Mail Creek drainage, and that the natural features "on the ground"do not coincide with the generalized pattern shown on the Structure Plan Map. Future development plans on the site will be subject to the requirements of Section 3.4.1 of the Land Use Code protecting significant habitat and natural features. 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 the public 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 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 an Industrial District, subject to adjustment for site-specific orpre-existing circumstances such as a major street,major drainageway, or existing development. Policy MMN-2.1 Size. A Medium Density Mixed-Use Neighborhood should extend an average of about one-quarter 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. 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 pedestrian-oriented places as a focal point for 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. October 3, 2006 -10- Item No. 33 A-B 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. PROS Staff finds the requested Structure Plan Amendment consistent with adopted City Plan principles and policies; particularly the crucial policy of dispersing grocery stores/supermarkets to serve residential districts. With the current configuration,City Plan tried to embed the NC District further into a true neighborhood setting. Since then, communities and urban land interests have explored the issue, and consistently found that market viability requires the shift requested here. Corner locations and traffic counts still drive grocery location;neighborhood compatibility can be achieved through careful design. Relocation of the Neighborhood Commercial Center and Medium Density Mixed Use Residential areas still allows both districts to function synergistically as envisioned under the Plan, and is apparently necessary to viability of the NC District. From staff's perspective, the proposed land use reconfiguration is an improvement over the present City Structure Plan layout in the following respects: • The reconfigured Medium Density Mixed Use(MMN) District provides a greater buffer to abutting low-density residential development to the west than the existing location. • The relocated NC district will result in fewer existing single family residences within close proximity to the commercial center. • Traffic Impacts to the surrounding neighborhood streets to the west will be less with an NC center at the corner of Harmony and Shields. According to the submitted Traffic Analysis prepared by a Professional Traffic Engineer, the proposed location will provide less "cut- through"traffic to neighborhoods lying to the west. This is particularly important given the number of children attending Johnson Elementary School and Webber Junior High School, both located west of the site. • Many of the design and operational issues cited by neighborhood residents associated with future development on the site can be addressed during the development review process. Land Use Regulations are in place to require that on- and off-site impacts to traffic circulation to/from and within the site, lighting, storm drainage, aesthetics,wildlife habitat, pedestrian safety, are mitigated. • The location of existing and planned future roadways,such as Wake Robin Lane to the west, Westbury Drive to the south, and the future western extension to Troutman Parkway to the north, will continue to allow for direct vehicular, bicycle and pedestrian connections to the center. • The size of the Center at 18.5 acres is slightly more consistent with the 15-20 acres targeted for such districts than the presently designated area of 22 acres. October 3, 2006 -11- Item No. 33 A-B CONS Staff recognizes that there are also the following downsides to the rezoning. However, when taken in the context of larger, City-wide policies of City Plan and the positive attributes stated above, it appears that the revised Neighborhood Center and Mixed Use Neighborhood configuration will continue to promote the public welfare. • Neighboring area property owners relied on the adopted City zoning map prior to purchase; • Properties within the Westbury neighborhood and those residential properties fronting the southside of Harmony Road across from the NC district will be 500 feet closer to the commercial center than under the existing location; • The existing Neighborhood Center designation will provide more direct access for some neighboring properties to the northwest,and southbound on Shields Street,at such time that Troutman Parkway is extended to the west. REQUEST TO REZONE BY RECONFIGURING THE NEIGHBORHOOD COMMERCIAL, NC,AND MEDIUM DENSITY MIXED NEIGHBORHOOD,M-M-N,—SECTION 2.9.4(H): The request to reconfigure the NC and MMN zone districts 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: Mandatory Standards (Note requirement of either A or B or both A and B): 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; andlor As stated above under the Structure Plan amendment analysis, staff has concluded that the proposal is consistent with the principles and policies of City Plan, and would be consistent with the Structure Plan but only if it is amended as proposed. 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. Since the Neighborhood Center and residential densities were established for this property in 1981, the neighborhood surrounding the subject property has changed substantially. Hundreds of residential units, schools, parks, a library and public improvements have been made within the market area served by the NC zone district. The Front Range Community College has gone from a small vocational school to an expanded curriculum with approximately 5,200 students. The rezoning acknowledges the relocation of the Neighborhood Commercial district due to the contemporary needs of the grocery industry. The NC and MMN districts on the subject October 3, 2006 -12- Item No. 33 A-B property have not developed to date under the vision of City Plan,in part due to the location of the NC district on the subject property. Optional Additional Considerations: 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 districtfor the land. The amendment will improve the degree of compatibility between potential future commercial and residential uses and surrounding lower density residential areas. The reconfigured Medium Density Mixed Use District provides a larger buffer and transition to immediately abutting residential development to the north and west than the existing location. Rezoning still allows the Neighborhood Commercial district to work in tandem with the Medium Density Mixed Use zone district. The subject property provides both the Neighborhood Commercial Center needed to support surrounding neighborhoods as well as the higher density uses found within the medium density mixed use areas that concentrate housing within easy walking distance of services and that provide a transition to the surrounding lower density residential areas. 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 functioning of the environment. Immediately abutting the property to the west is a stormwater detention/wetland area referred to as the "Dragon's Lair Wetland" owned by the City of Fort Collins. In the year 2000,a volunteer group,Trees,Water and People worked cooperatively with the City of Fort Collins to reconstruct the wetland and further enhance it with native vegetation. There is no evidence that the rezoning will result in significant adverse impacts to the natural environment on-or off-site.At such time that detailed development plans are submitted,the applicant will be required to submit an Ecological Characterization Study, identifying wildlife habitat areas, wetland boundaries, wildlife movement corridors and other natural features and how impacts can be avoided or mitigated through buffer zones and other measures. C. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. As it is proposed to be amended, the rezoning is consistent with the development pattern envisioned under the City's Structure Plan. The revised neighborhood center still focuses the commercial service in a way that best supports neighborhoods as the basic building block to the community. October 3, 2006 -13- Item No. 33 A-B FINDINGS OF FACT AND CONCLUSION In evaluating the request to amend the Harmony and Shields Structure Plan minor amendment and rezone, staff makes the following findings of fact: A. The proposed amendment to the Structure Plan will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof, and the Structure Plan is in need of amendment. B. The rezoning satisfies the following criteria of Section 2.9.4 of the Land Use Code, assuming that the Structure Plan is amended as proposed. NEIGHBORHOOD INFORMATION MEETING Although quasi-judicial rezone applications are exempt from the neighborhood meeting requirements,the City sponsored a neighborhood meeting on the evening of August 14,2006 at the Harmony Library located cater comer to the property. Comments raised at the neighborhood meeting ranged focused largely on transportation impacts with respect to access and safety, compatibility with surrounding existing residential development, and potential future land development patterns. A detailed meeting summary has been provided as an attachment. STAFF RECOMMENDATION Staff recommends the following: A. Approval of the requested Structure Plan Map amendment by reconfiguring designations for the Subject Area on the Plan through relocation of the Neighborhood Commercial Center,presently located in between the proposed Troutman Parkway extension and Wake Robin Lane, to the northwest corner of Harmony Road and Shields Street and designating the balance of the property Medium Density Mixed Use Neighborhood. B. Approval of the requested amendment of the Zoning Map by reconfiguring the Zoning of the Subject Area through relocation of the NC, Neighborhood Commercial zone district, presently located in between the proposed Troutman Parkway extension and Wake Robin Lane, to the northwest corner of Harmony Road and Shields Street and designating the balance of the property Medium Density Mixed Use Neighborhood District. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on September 21, 2006, voted 6-1 (Nays: Stockover) to recommend approval to the City Council of the change to the City Plan Structure Plan map and approval of the requested rezoning. October 3, 2006 -14- Item No. 33 A-B During the course of the Planning and Zoning Board hearing,there was substantial public testimony about the perceived negative impacts that the rezoning would potentially have on the surrounding area, including: • The request constitutes a "spot zoning". • A future supermarket on this site could be as big as a Wal-Mart. No information has been provided by staff that accurately represents the neighborhood's position. • A new commercial center will not benefit the local economy by adding new retail sales,but will just increase competition between existing retailers. • The Neighborhood Center zone district proposed is too big; it's bigger than other NC districts. • The Neighborhood Center is not as "central" to the neighborhood as under the existing zoning. • Inadequate access will be provided to the proposed Neighborhood Center location. • The Westbury Neighborhood relied on the adopted zoning map that apartments rather than commercial uses would be built on the corner. • A 1/4 mile buffer is not provided all the way around the neighborhood center. • There is inadequate access to/from the Westbury Neighborhood to the center. • City Plan is outdated. • Surrounding property values will be "ruined". • No additional grocery stores or supermarkets are needed in the area. • "Drawing"traffic into the area due to the neighborhood center is inappropriate. • The MMN zone district already allows for some commercial development that would meet the area's needs. • Traffic volumes will increase as a result of the rezoning. • Lack of traffic signals within the area creates access problems for surrounding residences. • Wake Robin Lane street modifications: some comments indicated support for a termination of Wake Robin, while others questioned whether restricted access would provide adequate passage for emergency vehicles, school buses and residents. • Access to the Neighborhood Center would be better at the future Troutman extension where there will be a traffic signal. • The applicant has not demonstrated how conditions have changed. • Many shopping centers are successful on arterial/collector intersections. • Most of the existing Neighborhood Centers were built prior to City Plan and under the Land Development Guidance System. • The new model for Neighborhood Centers under City Plan is to locate them away from arterial/arterial intersections. • In balance, more City Plan policies are not being met than are compliant. • The Safeway representative behaved inappropriately at the neighborhood meeting. • The relocated NC district will infringe more on the Dragon's Lair wetland. School children cross at Shields Street and the new NC location will make it a more unsafe condition. • Front Range Community College has a large and growing student population; the intersection improvements will need to address potential traffic backups to the increased traffic volumes. • The Neighborhood Center will generate more traffic if the location is changed. • The character of Fort Collins as the "Best Community" will be changed. October 3, 2006 -15- Item No. 33 A-B • Density transfers should always occur at midblock, not at streets. • The revised zoning does not represent"good"infill. • Community goals are not met with the revised location. • Stores are patronized based on price, design and accessibility, not on location. • The owner master planned the property under essentially the existing zoning. • Seneca and Regency Drives will not be widened. • Development on the site replaces natural drainage with impervious surfaces. • The site's aesthetics will be degraded and the view corridor will be reduced to the west. • There are conflicting views on wetland impacts. ATTACHMENTS 1. Zoning exhibit 2. Existing and Proposed Zoning Maps 3. Comparison of Existing and Proposed Structure Plan Maps 4. Applicant's written statement 5. Neighborhood Information meeting summary 6. Correspondence Received 7. Planning and Zoning Board September 2006 Hearing Minutes ATTACHMENT 1 i 0 _ I LL! I N II z cZ (n cc \\\ W j LU (aZ i IL � _ t I IL I z to z v W t K t- N N C WI yl � I D_ W zg z OV g z W 0 Z D O a m o t w y U) C 0 e a € 0 a - x a A HARMONYROAD ��■ i1�� I- -�0i ��♦If��' •'ivy©D...Q�� ►'.� �,,��y.;Q1N111 n��= =pwum 11■1 � z: �wumm ��► nix a4r gip.. : . .r�mall/�■� pp�i0imu �,��: :��,�nm� a�®�,■IU►\mil N ��j�nmr r ,■-_• . � w� II t�� <,iG��►►��L�iiiii i �� OI i : :� ►�i �I.�3oO.��v'min WWI • ��I/ �� Sri��u�- . .► ■■■ �� ■■■ ��a�A■lad %' ■ jig �`,' ^�� \` CH• • fad ill, n �p'nm �rq►■►� CMW � s�� ■_ � .� ��nnq mr�-::� � per• �11►\�rli��O��riii .in ••: C�� wr w r t�1��< is�I►� ��O��mu.�.o p� �� . � r i s � time ME Ili NME SO �- pNfl ,p111 C won III �� ■II s I/ .�� Ifn�f ��■ . _ .I�IIIpf 1� ♦ �► 1�� fifu fuf -'� � nurU1 : Cp IN Kum On a� 1 �-.E.' IIlu1 �fNNN'f ��j► 1ppIN ►� �� .tl, s ES .i♦i �Illlls=r ��I� ��„�I _ �f�f-_�' .�_.� O fl WE- ftk � �� I ♦�flNi NN �■� = i�I�� I ATTACHMENT 7 July 2006 Cameron Gloss Planning Director City of Fort Collins 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522-0580 RE: Harmony and Shields Rezoning Application "Reason for Request"and Request for minor amendment to Structure Plan Dear Cameron: Please find enclosed the required information to process our application. We request a shift to the existing NC and MMN zones of this property and request a corresponding amendment to the City of Fort Collin's Structure Plan. The zoning shift and amendment would move the Neighborhood Commercial Center designation to the northwest comer of Harmony and Shields.The Medium Density Mixed-Use designation will transition away from the commercial comer to be contiguous with existing residential homes and the other Medium Density Mixed-Use area on the Structure Plan. It is our intention to develop the property in conjunction with a commercial developer. We are currently negotiating with Regency Centers and Safeway to develop the neighborhood center. A letter is provided from Safeway to express their interest in a corner location. We feel strongly that this request is in the best interest of Fort Collins,the existing neighborhood and the success of the new neighborhood center that will be located on the property. The existing Structure Plan is in need of the proposed amendment to reflect the proposed zoning for the following reasons. The Following Mandatory Requirements(Reason for Request)for Quasi-judicial Rezoning applications are listed as(A)and(B)with their representative responses listed below. (A)"Consistent with the City's Comprehensive Plan;" The proposed amendment will promote and maintain the existing public welfare and will be consistent with the vision,goals,principles and policies of City Plan as outlined below: Land Use • Neighborhood Centers are typically located at the corner of two arterial roads on the structure plan. • The zoning shift will provide a more compact urban design that will be conducive to efficient access for the larger southwest area of town. • The zoning shift will enhance the character and sense of place by appropriately moving Commercial zoning from the backyards of low-density residential homes and moving it to the comer of 2 major arterial roads. Transportation • A memorandum from Delich Associates is provided to highlight general traffic concerns and the proposed zoning shift. • The zoning shift will implement land use patterns that will support effective transit,an efficient roadway system and provide for alternative transportation modes on trails and pedestrian street design. • With the planned improvements to Harmony Road,commercial will be more centrally located and easier to access for this area of Fort Collins. Community Appearance and Design • The proposed shift in zoning will create the best location for a Neighborhood Gathering Place for the greater neighborhood. • The requested rezoning will place commercial in the best visual and accessible location and provide for a more appropriate transition of land uses and densities to adjacent property. Economic Sustainability and Development • The zoning shift is needed to foster commercial development and encourage investment on this Property. • A successful neighborhood commercial development is more economically sustainable at the corner and will attract better commercial anchors,tenants and reduce vacancies. Housing • The zoning shift will promote neighborhood stability by moving commercial development away from neighboring single-family homes. • The shift in zoning is needed to appropriately transition between adjacent properties and proposed uses to enhance and maintain the neighborhood. Environment • The requested zoning is located appropriately for a commercial neighborhood center. • Commercial uses are more efficiently accessed at the comer of two arterials as opposed to the middle of the property. Open Lands • Open lands along the western edge of the property will be maintained along the existing ditch corridor,as a trail and buffer. • This trail corridor will promote alternative modes of transportation for walkers and bicyclists. • This connection will allow interconnectivity between existing neighborhoods and the proposed commercial center. Growth Management • The property is a sustainable infill site that will increase economic activity in the area to benefit existing residents and businesses. • City utilities and services currently exist within and adjacent to the property. (B)"Warranted by changed conditions within the neighborhood surrounding and including the subject property" The Purpose of Neighborhood Commercial Districts • "The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store..."—Division 4.19 • The availability of properties to locate a Supermarket in this area of Fort Collins has changed. • The availability of Supermarkets and Grocery stores to anchor this neighborhood center has changed. • The grocery market has changed and requires sites to be more accessible and visual to build new exciting stores. • Based on these changes,the proposed zoning shift is required to successfully anchor this neighborhood center. Based on trade areas and existing store locations, Safeway is the only potential supermarket for this location and they will not locate there unless located at the corner. Without a strong supermarket anchor, this neighborhood center will not attract as quality tenants or be as viable a gathering place for this area of Fort Collins. "(3)Additional Considerations for Quasi-Judicial Rezoning." "(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;" Appropriate Planning • The requested rezoning is more compatible with existing zoning and uses than the existing zoning locations. The shift will promote neighborhood stability by moving commercial development away from neighboring single-family homes. • The requested zoning is the most appropriate zone to transition between adjacent residential properties and proposed uses to enhance and maintain the neighborhood. "(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 functioning of the environment;" Minimal Impacts • The property is a sustainable infrll site surrounded by existing development. • Shifting the existing zoning will not adversely impact the natural environment • Arterial streets are the most appropriate buffer to front commercial uses. "(c)Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." Smart Growth • Locating Neighborhood Commercial zoning at comer locations is logical and typical in Fort Collins. • The proposed shift in zoning is a more orderly development pattern by locating Residential against existing residential back yards and locating commercial along busy arterial roads. We look forward to presenting our application and supporting the smart growth of Fort Collins. Sincerely, ' V � Chad Kipfer Community Development Manager Markel Homes ..... .........• yJc VVL/VVL C� S"EWAYINC. OWS. YOSEMITE Sr. P.O. Box 5927 T.A. ENGLEWOOD. COLORADO 80112.1412 Denver, CO 00217 June 13, 2006 Mr. Snowden Leftwich Vice President Regency Centers 1873 S. Bellaire Street Suite 600 Denver, CO 80222 Dear Snowden: As previously discussed, Safeway is potentially interested In locating a store in your proposed shopping center at the NWC of Harmony and Shields in Fort Collins, Colorado. However, the site plan you presented us does not work for Safeway. We would not be able to locate in the shopping center if It were to be located as shown in its mid-block location along Shields. If you are able to relocate to the comer allowing access and visibility from Harmony, we would like to continue discussions with regards to locating to this site. Looking forward to hearing from you. Sincerely,/ Howard Gerelick Vice President, Real Estate A. yn.a PxPW DELICH ASSOCIATES Traffic & Transportation Engineering 2272 Glen Haven Drive Loveland, Colorado 80538 , Phone: (970) 669-2061 Fax: (970) 669-5034 MEMORANDUM TO: Michael Markel, Markel Homes Chad Kipfer, Markel Homes City of Fort Collins FROM: Matt Delich DATE: July 5, 2006 SUBJECT: Harmony/Shields Rezone - Traffic/Transportation Analysis (File: 0671ME01) This memorandum provides documentation of various traffic/ transportation analyses regarding the Harmony/Shields Rezone. The property located in the northwest quadrant of the Harmony/Shields intersection is zoned as MMN and NC. As shown in the graphic in Appendix A, the NC zoning is in the middle of the parcel, bracketed by the MMN zoning. The proposal is to move the NC zoning the corner as indicated in the graphic in Appendix B. The MMN zoning is considered to be multi-family residential (approximately 12 dwelling units per acre) . The NC zoning is for a neighborhood center, which typically includes a grocery store and various retail uses. The nearest grocery store-based neighborhood centers, which serve this area of Fort Collins, are located more than one mile away (King Soopers at the Harmony/college intersection; Albertson' s at the Hors etooth/College intersection; and Safeway at the Drake/Taft Hill intersection) . The proposed Harmony/Shields neighborhood center would provide goods and services that now require a somewhat lengthy vehicle trip for residents in the south portion of Fort Collins, as far south as from developments near Trilby Road. In some regard, the proposed Harmony/Shields neighborhood center would not add significant new vehicle trips from the existing developments in the area, but would rather redirect and shorten some of the vehicle trips. Concerns were raised by nearby neighbors, particularly to the west, that this proposal would cause "cut-through" traffic on area streets such as Wakerobin Lane, Regency Drive, Seneca Street, and Silvergate Road. While "cut-through" traffic can and will occur just because of the connectivity of the street system in the area, the corner location of the neighborhood center will cause less "cut-through" traffic as compared to the current zoning location. With the current zoning location of the neighborhood center, neighborhood streets would be more attractive to residents to/from the west due to a shorter trip length/time. With the corner location and direct access from Harmony Road, the most attractive and shortest route to/from the west would be via Harmony Road rather than through the neighborhood streets. There are two schools west of the site (Johnson Elementary School and Webber Junior High School) . A neighborhood center was intended in this square mile for many years and will have no unexpected impact on school related activities (vehicular, pedestrian, or bicycle) . The schools are located on the west side of Seneca Street. As mentioned earlier, the corner location will result in less traffic on neighborhood streets. The proposed neighborhood center location is expected to have right- in/right-out/left-in access to/from Harmony Road (across from Westbury Drive) . This will cause the Harmony/Westbury intersection (south leg) to also have right-in/right-out/left-in access. With the turn restrictions at this intersection, the proposed neighborhood center will not cause traffic impacts on Westbury Drive. The Shields/Westbury intersection allows full traffic movements. With the implementation of the Harmony/Shields Rezone, consideration will be given to providing traffic calming measures on Westbury Drive. The proposed neighborhood center location is expected to have right- in/right-out access at the existing Shields/Wakerobin intersection. Currently, this intersection allows all traffic movements. Access to a full-movement intersection to/from Shields Street further to the north will be via an internal north/south recirculation street. It is expected that there will be one signalized intersection on Shields Street. The location of that signalized intersection will be the subject of a future detailed transportation impact study. It is my opinion that the corner location of the NC zoning will have less negative traffic impact on the neighborhood streets to the west as compared to the current NC zoning location. A neighborhood center in this area would cause a reduction in the length of trips from the existing nearby residential area. APPENDIX -A - Map Output rage i oT i ArcIMS HTML Viewer Ma e �LCT u ARBOR AVER Raikoadgsend P c WMAtA � `. n :G � Street Conterpnes s C 11Ai > ^/ Streams.and Ditch s �' r Ditches `a n ' c r z WEBIF a;p (/� �O a . lakes and Water SOdies Zoning z F ARBLEIlR c9 - ® C � KECN EST ET O � BU7 TEPA33OR . 4 ® CC L►N OP i ® CCU l; . CCR G W TROUT"AA PKWY. Gp it 41NO GAT R RI�N6lN BEAR tREEt(DR ® C'- RE BLUENWNI.ANOR ® rV SAVF GATE RO Tp tN BRTIFABRUSPILM O p C5 P d,�,CP � y MARgpLO IN � f N YgNQ WOOOEAW WAY s ■ C BENT LEY PE ■ •�nW P O esrep < ■ M1IMV �R R R wr i« 11E. UNCpAIEOR NCG LL OUT ❑ Nf.0 CTRC . ASNLOR�N � ■ �O MRp creNeA wRF Aa WISCeRrdBh1(C)1BB2-0OOB�RI hc. �1 O ■ R-.4 o � T http://gisims.fcgov.00m/servlet/com.esri.esrimap.Esrirnap?ServioeName=overview&Client... 4/21/2005 APPENDIX B J I W N n Z \� m Z W \\� I LU I I G as9 0) Z I 02 02 O. I _ I i Z F _xWx z v W � w z wl N � I 4 � :E OC) uXi a W ti y a IL HARMONYROAD ATTACHMENTS Harmony & Shields Revised Rezoning Neighborhood Meeting DATE: August 14, 2006 TIME: 6:05- 9:15 pm MEETING LOCATION: Harmony Branch Library-Community Room CITY STAFF PRESENT: Cameron Gloss, Current Planning Director Doug Moore, Environmental Planner QUESTIONS, CONCERNS, COMMENTS, RESPONSES 71 Neighborhood residents and interested parties attended the advertised neighborhood meeting. The meeting began at 6:05 pm and concluded at approximately 9:15 pm. Following introductory remarks and the introduction of individuals representing City staff and the applicant, the applicant provided an overview of the requested rezoning. Images portraying existing and proposed zone district patterns and a conceptual development plan were projected on the screen and reviewed by Michael Markel, representing Markel Homes. Representatives of Safeway and Regency Centers also provided remarks regarding the grocery store market and potential design options for a potential future neighborhood commercial center on the site. Neighborhood residents generated the following questions, comments and concerns. Q = Question A = Answer C = Comment Q: Doesn't the zoning map incorrectly show the NC zone district? A: No, the City zoning map was comprehensively amended in 1997 to reflect Land Use Designations shown on the City Plan Structure Plan map approved at that time. 1 Q: Can a traffic signal be located at the Harmony and Regency intersection? A: No, the Regency intersection is too close to the Harmony Road intersection. C: Traffic will flow south from Horsetooth Road through the neighborhood enroute to the neighborhood center. Q: Wouldn't a '/4 turning movement at a the future Regency and Harmony intersection, restricting left turns going westbound from Regency to Harmony, make it difficult for neighborhood residents to negotiate through the area at peak times? A: Yes, this % limitation would make vehicle circulation difficult for the Westbury neighborhood. Note: As a follow-up to the neighborhood, the City Traffic Engineer clarified that more than a 3/4 movement could be approved at this intersection. "It is not the intent or desire to restrict the access at the above-stated intersection through the City's Capital Program or through a development project. At this time, the City Traffic Engineer would propose that in the future, the intersection be modified as a channelized "T" that would allow a safe full movement intersection and two-staged left turns." Q: What does "development pay its own way" mean? A: At the time of development, the developer is responsible for improving local streets and other utilities/infrastructure on the site as well as pay capital improvement expansion and street oversizing fees to compensate for the development's share of impact to schools, police, fire, library, general government administration, and storm drainage systems. 2 C: The perspective of some residents is that the existing NC zoning configuration serves the neighborhood located east of Shields better than the proposed configuration. C: Traffic calming cannot be a binding contract as part of the rezoning application. C: The Safeway located at Harmony and McMurray is within a successful neighborhood center, but is at the intersection of Arterial/Collector streets (mid-block). Q: Are fuel sales anticipated in conjunction with a supermarket? A: Yes. Q: Does the 3/4 mile separation requirement (to Seneca Center) apply? A: Yes, the separation requirement would prohibit construction of a convenience store with fuel sales. The applicant intends to provide a fuel kiosk on the site, similar to that at the Harmony Road store, but not a "convenience store". If any non-fuel items are sold, they will be extremely limited. Q: Did Safeway consider occupying the former Steele's supermarket on Drake Road? A: Yes, but Safeway, along with other grocery chains, did not find this a viable location. C: Harmony and Shields is a highly congested intersection. C: Both Harmony and Shields should be widened to 4 lanes with appropriate turn lanes. C: The proposed rezoning does not address the issuance of property "reliance" on the approved zoning. Q: What are the projected traffic counts at Harmony and Shields? A: A traffic study has not been completed. 3 Q: How will a neighborhood commercial center impact property values in the Westbury Subdivision? A: No study has been completed, but based on Safeway's experience constructing such centers, it is the high traffic volumes on Harmony and Shields that create negative impacts to property values NOT the existence of a commercial center. Q: Doesn't a neighborhood center at this location create a pedestrian safety issue for school children? A: Safe pedestrian crossings will be provided at the future signal at the Trautman Parkway/Shields intersection and the existing signal at Seneca and Harmony. Q: Will the grocery store/supermarket be open 24 hours a day? A: Hours of operation have yet to be determined; it may or may not be a 24 hour store. Q: If Wakerobin Lane is blocked off, can traffic still flow through the site? A: The applicant does not intend to "block off' Wakerobin, but to realign and reroute traffic movements so that traffic speeds are more controlled and the "straight shot" eliminated from Shields, thus reducing cut-through traffic. Q: To make a decision on the rezoning, shouldn't a traffic study be drafted? A: The applicant will prepare a traffic study at the time that a development plan is submitted. Q: What is the proposed range of housing prices projected for the residential portion of this larger property? A: $200-400K. 4 C: Rezoning will benefit commercial and residential development on-site at the expense of off-site impacts. C: Higher density housing located near the corner of Harmony and Shields could have a negative impact on the Westbury neighborhood. C: There are pros and cons to both the existing and proposed NC zone district locations. Q: Will the access and circulation to the Westbury neighborhood stay the same under the existing and proposed neighborhood center locations. A: Yes. C: The Neighborhood Commercial center could be supported by some neighborhood residents if the balance of the property was purchased as a Natural Area. Q: Wouldn't traffic signals located at the Westbury/Harmony and Westbury/Shields intersections improve access for the Westbury neighborhood and maintain traffic flow? A: No, '/z mile signal separation is preferable from a safety and traffic flow standpoint. C: Neighbors interpretation of City Plan is that the Neighborhood Center should be located mid-block. Q: In the near-term, will this neighborhood center bring in new retail? A: Net new sales to the City would be relatively minor in the short-term. As the balance of the property builds out, there will be an increase in total retail sales for the center. C: Positive changes have been made to the developer's submittal compared to the previous proposal. C: Some residents expressed concern about the quality of residential units that could be built on the remainder of the property. 5 Cameron Gloss- New website available Page 1 ATTACHMENT 6 From: <jdwilliams@frii.com> To: <cplanning@fcgov.com> Date: 07/26/2006 8:45:48 PM Subject: New website available Hello Cameron, With recent instructions from the City Council on the Harmony-Shields re-zoning, I hope you and your staff will not support the re-zoning efforts of Markel Homes again. Please see the following website for details on how the surrounding neighborhoods will fight to keep the zoning as it currently exists in the city plan. (http://peacefc.site.with.us) When people buy into a neighborhood, they really want to have some piece of mind that no changes will be made to the zoning of adjacent areas. Our home\'s property is the biggest investment that most of us will ever make. We will appreciate your support during the upcoming fight. Best regards, John Williams 4331 Mill Creek Ct. Fort Collins, CO 80523 P.S.: I\'ve not received any information via US mail as you\'ve promised. re: meetings with city staff and builder, staff\'s view on new request, ... . My property will have a direct view of the proposed mega-super market and will be affected by high traffic volume. Cameron Gloss - Harmony and Shields Revised Rezoning#1-06A - Pagel From: Laurel Van Maren <laurel@vanmaren.us> To: <gdeines@fcgov.com> Date: 08/02/2006 10:43:31 PM Subject: Harmony and Shields Revised Rezoning#1-06A To the Director of Current Planning and any other relevant officials: Although I am unable to attend any meetings, I want to express my support for the rezoning, reflected on the July 31st mailing which I received from your office. Thank you for informing me of this and for taking the time to read this letter. We moved into this neighborhood 13 years ago with the understanding that the land would be developed. Although the long interim between our move here and this inevitable development was pleasant, we have always understood that the property BELONGS to someone; that their desire to use/develop their property is legitimate; and that their rights must be protected just as our rights, as home owners, need to be protected. The proposed change is quite an improvement to the existing zoning and will put the neighborhood center in a more reasonable place than it was previously zoned for, keeping the traffic closer to the intersection instead of pulling people up into the neighborhood area further north of Wakerobin. I find the arguments of some of the current objectors to be hypocritical. All of us live on land that was undeveloped at one point in time, and perhaps enjoyed in that state by those living nearby. Of course it's nice to live close to an undeveloped area, but unless all owners of property have their rights protected by law, then we run the risk that property rights will become increasingly meaningless for all property owners, however small. Please don't let dissenters overturn the right use of property according to law. It is unconscionable for them to deny others the rights they currently enjoy themselves. Thank you for your time. Laurel Van Maren http://harp.vanmaren.us/harp CC: <cgloss@fcgov.com> Cameron Gloss- Harmony and Sheilds revised rezoning Page 1 From: <g_brake@hotmail.com> To: <cplanning@fcgov.com> Date: 09/21/2006 7:58:22 AM Subject: Harmony and Sheilds revised rezoning Hello folks. I live in one of the two houses on Wakerobin Lane. My family and I enjoy the quiet neighborhood, usually\"asleep\" by 10:00. We purchased in 1993, knowing the zoning of the land around us. I fear that changing the zoning now, to allow what might be a noisy 24 hour grocery, whose trucks \round back, will be close to my front yard, is not at all what we bargained for. Please do not approve this change. The rezoning could greatly diminish the quality of life and the property value of my house and home. Thanks, Greg Brake, 1312 Wakerobin Lane, g_brake@hotmail.com September 15,2006 Mr. Cameron Gloss Current Planning Director City of Fort Collins P.O. Box 580 Fort Collins,CO 80522-0580 Re: Harmony and Shields Rezoning—File ID 1-06A Dear Mr.Gloss: I am a resident within The Ridge subdivision which is located south and west of the Harmony Road and Shields Street intersection land parcel that is being considered for Rezoning. I was unable to attend the public meeting that was held to initiate public comment and information dissemination. However, I am writing this letter in support of the rezoning request based on discussion with neighbors and people who attended the public meeting. I have heard arguments against the rezoning and I have heard arguments for the rezoning. It is my opinion,that the arguments against the rezoning center around status quo, increased traffic,and loss of open space. The arguments for rezoning focus on development of a viable retail and mixed use development. It is my opinion that the rezoning should be granted for the following reasons: 1. The developer has indicated that a retail anchor tenant is willing to undertake the project based on the Harmony-Shields location,but does not feel that a mid-block development will be as economically viable. I appreciate this concern and I also understand that it is a very competitive environment for new retail development. Having the public portion of the project at a high visibility intersection will encourage more drop-in customers and increase the potential for higher sales volume. This is intent of a retail operation and the intersection of two major arterial streets in Southwest Fort Collins is a good location. Mid-block development will reduce the public exposure. 2. The Harmony-Shields intersection is currently slated for a significant upgrade,along with the widening of Harmony Road and a portion of Shields Street. Traffic will increase and the more rural atmosphere will change. The City is coming our way and it is appropriate to plan the changes to minimize the impact to existing property owners. However, it is not appropriate to think that nothing will occur if there is opposition to this rezoning effort. What will occur if the rezoning is denied will be a more disjointed and marginal retail development at the mid-block location,residential development adjacent to the major intersection,and a more piecemeal approach to development in the area. I believe that retail development is more appropriate on the corner and residential development is more appropriate away from the major arterials. 3. It is important from an environmental standpoint to minimize vehicle trips and encourage walkability. A viable retail center at the intersection will help to accomplish both of these goals when compared to the current 2-3 mile drive to grocery facilities. Every time we need milk or eggs, we have to get into the car and drive. The opportunity to walk is very attractive. 4. I heard from an attendee at the public meeting that the opposition feels that if they stop the rezoning,then they will stop development. This is short-sighted. A big-box store is not appropriate in this location,but a grocery store of sufficient size along with other neighborhood retail services is appropriate. As I understand it,the conditions attached to the zoning will insure, what I consider to be,an appropriate level of development. 5. I am the neighborhood representative for The Ridge to maintain contact with the City as the Harmony Road widening moves ahead. There is a great opportunity to coordinate improvements to Harmony Road with development plans for the Harmony-Shields intersection. Our part of town is changing. It is my hope that we can minimize the impacts on the existing neighborhoods while taking advantage of neighborhood shopping and bicycle and walking connections. Please feel free to contact me if you have any questions. I will plan to attend the Planning and Zoning meeting if work travel does not interfere. In any case,the contents of this letter explain my support for the rezoning. Sincerely, Grego Hur P.E. 1425 Hepplewhite Court Fort Collins,CO 80526 (970)493-3363 Cameron Gloss Re. Fwd: The Harmony Shields rezone Page 9 From: Sarah Kane To: horsefan101@gmail.com Date: 09/21/2006 9:05:34 AM Subject: Re: Fwd: The Harmony Shields rezone September21, 2006 Dear Sienna Zorigian: First of all, let me thank you for taking the time to write your letter. Secondly, let me assure you that the City of Fort Collins is also very concerned with each of the issues mentioned in your letter. As property owners decide to develop their land and cities grow, animals and wildlife are often overlooked. This is a problem that citizens in Fort Collins have been concerned with for many years. Preserving natural habitat is a priority for this community and is one of our key values. As a result, the City has developed many different plans, regulations and protection standards in an attempt to preserve and protect special places like those mentioned in your letter. The Westfield Park development is a successful example of how the City has been working to protect natural habitat and wildlife. The Westfield Park development and the second filing of the Westbrooke development were both built with these standards in place. The fact that you are able to see fox, mice, raccoons, hawks, bats, rabbits and deer in your neighborhood is an indication that their habitats were protected during the development of your neighborhood and the surrounding neighborhoods. Standards for new development are the same as those used in the aforementioned developments and will be utilized no matter whatthe zoning district determination for the property you mentioned on Harmony and Shields. The property at Harmony and Shields is privately owned and even though people are walking their dogs or utilizing the property for other personal uses, they don't legally have that right. When someone makes the decision to use this property in one of these ways way, they are trespassing, in much the same way you would be trespassing if you chose to take your dog for a walk in someone else's backyard. In addition, walking dogs in areas where wildlife exist is not a good idea. Many wild animals are frightened of dogs and even the smell of a dog can create fear and apprehension. For this very reason, the City and the National Park Service place restrictions on where dogs may be taken. When this property develops, the City will look closely at the wildlife uses within the proximity and will determine what area of the property should be protected. If it is deemed appropriate for wildlife, we will work closely with the developer to create a public trail for gentle walks like those mentioned in your letter. This trail might be similar to the public trail system located in the Westfield Park neighborhood. Thank you again for your letter. Community open space, wildlife and natural areas are important aspects within the City of Fort Collins planning process. We take your concerns seriously. Please be assured that as the property owner moves forward with his right to develop, the City of Fort Collins will enforce our standards and regulations to address your concerns to the best of our ability. Sincerely, Doug Moore Environmental Planner City of Fort Collins (970)224-6143 dmooreefcgov.com >>> <horsefan101CcDgmail.com> 09/13/06 6:55 PM >>> Dear Council persons, I am Sienna Zorigian I am 11 years old and just recently moved to the end of Westbrooke Ct. As you may know the field on the corner of Harmony and Shields is planning to be rezoned. I am not against rezoning, but I am against building! And to my knowledge rezoning means building. Where would all the animals go?Where would the residents walk their dogs?This field is a quick and convenient area Cameron Gloss- Re. Fwd: The Harmony Shields rezone Page 2 for the residents of Westfield Park to walk their dogs or just go for a gentle walk in nature. Also there are a variety of different species of animals in this field one of which is endangered (The Red Fox)There are also a number of other species of animals who make their home in this field, Mice, Falcons, Raccoons, Bats, Rabbits, and many more ( I even saw a deer their once!) I think many of the residents of Westfield Park agree that one of the reasons that they liked the area so much is because it was close to nature and had shopping centers nearby. The field for me is a fun place to hang out, play, or explore. There are lots of reasons I loved the house and the area I moved to, but the field was one of top reasons I loved it! I moved from Los Angeles Ca. so I am used to no open spaces, but I like the space and don't want to have that changed. Sooner or later Ft. Collins will be just as crowded as Los Angeles if we just keep letting all our natural areas go to shopping centers and strip malls! So I hope that you will take note of my concern and think carefully of all I have said. A concerned resident of Westfield Park, Sienna Zorigian CC: City Manager's Office Cameron Gloss- Re: Actual size of 16.5 Acre Neighborhood Commercial Center Page 1 From: "John's Home" <jdwilliams@frii.com> To: Cameron Gloss <cgloss@fcgov.com> Date: 09/13/2006 4:48:21 PM Subject: Re: Actual size of 16.5 Acre Neighborhood Commercial Center Thanks for the information Cameron. I wish we could get the city's help somehow to find an applicant that would build on the existing NC-zoned land (at a size less than 45,000 sq ft). The traffic situation would be very nice and clean, and I think that the neighborhood would be happy. John Cameron Gloss wrote: >John, >Thanks for your questions. >After reading through the issues raised, it seems like there is some >misunderstanding about the differences between the City's Comprehensive >Plan, referred to as City Plan, the official zoning map, and previous >entitlements made on the property. >Rather than a lengthy response for each question raised, I've prepared >the following chronology with explanatory text: >-1981- Pine View PUD Master Plan >The commercial district designation was reflected on a development plan >called the Pine View Planned Unit Development(PUD) Master Plan. Tract >C on the PUD was 16.5 acres in size designated for a Neighborhood >Commercial Center. The designated commercial center was located in that >entire area between Wake Robin Lane and future extended Troutman >Parkway, EXCEPT for a 5.5 acre area located north of Wake Robin >(designated as Tract B)which was designated for apartments. The Zoning >District was R-L-P, with the commercial center approved on the PUD >Master Plan. >-1983- Pine View PUD Tract C Preliminary Plan for Neighborhood_ >Commercial Center >PUD approved by Planning and Zoning Board for a 157,500 square foot >shopping center on 17.93 gross acres in that area reflected on the Pine >View Master Plan >-1997 City Plan Adoption/City-wide Rezoning >After a lengthy public review process, the City adopted City Plan. >City Plan showed the location of all anticipated future Neighborhood >Commercial Centers throughout the community. The City Plan >Neighborhood Center Structure Plan map designations were reflected by a >large red "dot' on the Pine View property; the commercial center was >generally shown fronting on S. Shields Street between Wake Robin Lane >and future extended Troutman Parkway. > >A City-wide rezoning also occurred concurrently during 1997 as the >implementing map of City Plan. The new Neighborhood Commercial (NC) >district was assigned to the property. The zoning map of 1997 shows >approximately 22 acres of land designated Neighborhood Commercial and >located in between Wake Robin Lane and future extended Troutman >Parkway. Cameron Gloss- Re: Actual size of 16.5 Acre Neighborhood Commercial Center Page 2 >2005 City Plan Update >During the first major update to City Plan, the City Plan Structure >Plan Map was changed to match the zoning map put in place in 1997. In >fact. all of the red "dots" from the original Structure Plan were >converted to polygons that reflected parcel lines and other defined >boundaries. No change was made to the zoning map for this property--the >zoning is the same as originally adopted in 1997. > >-2006 Rezoning Application >Request to reconfigure the former Pine View PUD site by switching some >of the MMN and NC zoned land. The amount of land requesting for >rezoning--17.9 acres devoted to the Neighborhood Commercial Center--- >matches that of the 1983 Pine View PUD approval. >Please let me know if you need more information. >Cameron Gloss, AICP >Current Planning Department »»"John's Home" <jdwilliams@frii.com> 09/12 4:45 PM >>> >Hi Cameron, >Our neighborhood is very confused about the actual size of the 16.5 >Acre >Neighborhood Commercial Center that is located mid-block on Shields >between Horsetooth and Harmony (on the west side of Shields). Could >you >address the questions and concerns that are brought up in the two >emails >listed below? I've removed the names of the people who asked the >questions. We would really like you to clear up the issues brought up >in the letters and inform the Planning and Zoning Board and the City >Council members about the 16.5 versus 22 Acre discrepancies. This is >especially important if this action was taken without review by either >board. I've cc'd City Council Member Kurt Kastein on this email since >he represents our district. >Respectfully, >John Williams >4331 Mill Creek Court >Dear Rezone Opposition Team Member A, >We have a map from 1981 that shows 16.5 acres for the commercial >center, >north of Wakerobin. The map also shows a small section at the corner of >Wakerobin and Shields, 5.5 acres, that is zoned for apartments and >condos. In 1997 a new map was created. According to Ken Waido, Chief & � Cameron Gloss- Rei Actual size of 16.5 Acre Neighborhood Commercial Center Page 3 ~ >P|annurin the Advanced Planning DepL. this 1SA7 plan was amended in >2VO5hz show 22 acres for the commercial center(1O.5 + 5.5) and was � >npprovodby the council on November 20. 2U05. VVedo not remember signs > >being posted in2OO5to change this zoning for the 5.5 acres from /apartnoentoto commercial and vvo have not found record ofthis. � ^AouordinQ � >1oVVaidu' the city needed to increase the acreage nf the commercial � >nnnterto make it more viable. � > >Ginnere|y' � >Razona Opposition Team Member B' � ^ >Dear Rezone Opposition Team Member C, � >Henaio the link bo the City page for the Council Agenda for 20O5. | � >|ookedat the full agenda for 11/2S/2O05 and there iuno reference to >our area onthe agenda. They did make some changes to the land use � >cndo. but none of them related to this issue, os | read it. You can >a|so see the voting results for that meeting and none nf the items >vo8*d >nn related to our issue either. |f City Staff is saying ithappened >thot night, | believe they are mistaken on the date. Any issue like >that must be documented, sowu should ask City Staff Lo provide for us, � >accurate information so that we can see the document where that change � >v"an supposed to have taken place. / >Gincena|y. � >RezoneOpposdon Team Member O � � � � CC: Razone <reznne_opposition_Hornnony^Shio|da@vahoognoupe.conn> � � � � � � Council Liaison : Karen Weitkunat Staff Liaison : Cameron Gloss Chairperson : Dave Lingle Phone : (W) 223- 1820 Vice Chair : Brigitte Schmidt Phone : (W ) 491 -2579 Chairperson Lingle called the meeting to order at 6 : 03 p . m . Roll Call : Smith , Stockover, Schmidt, Rollins , Meyer, Fries and Lingle . Staff Present : Gloss , Eckman , Olt , Sommer, Maizland , Virata , Bracke , Langenberger, Jackson , Moore and Deines . Citizen Participation : None Director of Current Planning Cameron Gloss reviewed the Consent Agenda : Consent Agenda : 1 . Minutes of the April , 20 , May , 18 , June 15 and August 17 , 2006 Planning and Zoning Board Hearings ( Continued ) . 2 . Resolution PZ06 - 10 - Easement Dedication . 3 . Resolution PZ06 - 11 — Easement Dedication . 4 . # 16 =06 Fox Pointe Plaza — Project Development Plan . 5 . #21 =06 412 E . Pitkin Change of Use — Project Development Plan . 6 . 3955 S . Taft Hill Road Out of City Utility Request ( Tabled ) . 7 . # 19 -04A Recommendation to City Council for Minor Wording Amendments to the Larimer County and City of Fort Collins Intergovernmental Agreement to the Fort Collins Growth Management Area . 8 . #23 =06 North Weld County ( NWCWD ) and East Larimer County ( ELCO ) Water Districts Water Transmission ( NEWT) — Site Plan Advisory Review. 9 . #56 -98AL New Dawn Fort Collins ( Rigden Farm ) Rezoning and Structure Plan Amendment. 10 . #38 -OOA Arbor South Second Annexation and Zoning . 11 . #24 =06 Recommendation to City Council for a Text Amendment to the Land Use Code . 12 . Recommendation to City Council for Amendments to the Land Use Code and City Code Implementing Mitigation Measures of the Southwest Enclave Annexation . Planning and Zoning Board Minutes September 21 , 2006 Page 2 Discussion Items : 13 . #5 -94L Front Range Village Amended Overall Development Plan and Front Range Village Regional Shopping Center — Major Amendment . 14 . # 1 -06A Harmony and Shields Revised Structure Plan Amendment and Rezoning . 15 . #58 -86J Water' s Edge at Richard ' s Lake — Project Development Plan . 16 .#20 -06 Front Range Second Rezoning and Structure Plan Amendment . Project : Harmony and Shields Revised Structure Plan Amendment and Rezoning , # 1 -06A Project Description : Request to amend the Structure Plan map and rezone a 58 acre parcel located on the west side of S . Shields Street north of Harmony Road . The rezone would essentially reconfigure the pattern of existing zone districts by moving the 17 . 9 acre area zoned NC , Neighborhood Commercial , presently located in between the proposed Troutman Parkway extension and Wake Robin Lane , approximately 500 feet to the south . The resulting zone districts would include an NC , zoned parcel at the northwest corner of Harmony and Shields with the balance of the site zoned MMN , Medium Density Mixed Use Neighborhood . Recommendation : Approval Hearing Testimony , Written Comments and Other Evidence : Cameron Gloss , Director of Current Planning gave the staff presentation . He stated that the Planning and Zoning Board heard an application for a Structure Plan Amendment and Rezoning on the subject property back in March of 2006 , the recommendation from the Board went on to City Council who denied the applicant' s request for rezoning . This evening we have a new application for the same property with essentially the configuration of the proposed rezoning as the same that was reviewed back in March . There is some additional information that has been provided by the applicant regarding transportation impacts and other aspects of the rezoning application . For all intensive purposes , this application matches the one that was reviewed previously . Planning and Zoning Board Minutes September 21 , 2006 Page 3 Director Gloss reported that this is the northwest corner of Harmony Road and Shields Street , Westfield Park , Johnson Elementary and Webber Junior High is to the west . Front Range Community College is diagonally across the intersection to the south and east and residential development surrounding the balance of the area . In 1997 when the city adopted City Plan , we created designations for Neighborhood Centers which are commercial areas that are intended to serve the daily needs of citizens within a couple of miles and is a 15 to 20 acre targeted size for the Neighborhood Commercial Centers . The original plan in 1997 showed red circles or dots to depict Neighborhood Centers . The image goes from Wakerobin on the south to where Troutman Parkway will be extended in the future on the north . The requested rezoning area ( shown in red on the map ) shifted to the south approximately 500 feet . That would bring the south border of the Neighborhood Commercial designation to Harmony Road . There has been a lot of misunderstanding about what has been approved historically on this site . He thought it would be helpful to go back through the public record and examine what exactly has transpired over the last 25 years . In 1981 there was a Master Plan for the Pineview PUD and that Master Plan called for the area in red as a Neighborhood Center which is shown as 16 . 5 acres . There is an area that is notched out between Wakerobin and the Neighborhood Center that is 5 . 5 acres and was shown for apartments . In 1983 a more detailed plan came in for development on that tract which included a slightly different acreage ; 17 . 9 gross acres for the commercial center and was approved at 157 , 500 s . f. of gross floor area with a 45 , 000 s . f. grocery store with the servicing area closest to the neighboring properties to the west . There is single family housing immediately to the west and also the northwest . That was the development that was approved and has since expired . The 2005 change squared off that parcel and showed it designating the area between Wakerobin and Troutman entirely as Neighborhood Commercial . The Structure Plan designates Neighborhood Centers strategically throughout the city to support the neighborhood planning concept to have mixed use neighborhoods where there are convenience goods available so you don ' t have to commute distances of 2 , 3 or more miles for basic daily needs . A grocery store or supermarket is typically the anchor and other types of service uses like restaurants and other neighborhood support . Director Gloss reviewed and showed examples of the hierarchy of neighborhood centers with the lowest to the highest intensity uses . He showed a graphic of an arterial roadway with a Commercial Center with a supermarket . That is what is intended for the Neighborhood Centers . They are bigger than the 61mom and pop " corner store . Planning and Zoning Board Minutes September 21 , 2006 Page 4 There has been a lot of discussion in neighborhood meetings and he has seen some citations in the press about grocery stores versus supermarkets and what is permitted in the zoning district . Grocery stores and supermarkets are both permitted in the NC zone . A grocery store is a use permitted under an administrative review and a supermarket is permitted under a Planning and Zoning Board review . The threshold between the two is a grocery store is between 5 , 000 s . f. of floor area and 45 , 000 s . f. and anything above 45 , 000 s . f. is a supermarket . If we go through an inventory of what has been approved in Fort Collins you will see that we have 7 approved , 6 that are built and 1 that is approved and not built . The Albertson ' s at Lemay and Riverside is about 44 , 000 s . f. ; the King Soopers at Taft Hill and Elizabeth is about 32 , 000 s . f. and those both are grocery stores by definition . The balance of them are supermarkets and they are all located at arterial/arterial intersections . The King Sooper' s at Rigden Farm is about 67 , 000 s . f. ; the Longview Market King Sooper' s which was approved , but not built is 65 , 500 s . f. ; the Safeway at Drake and Taft Hill is just over 52 , 000 s . f. ; the Sunflower Market is 45 , 000 s . f. and the Steele ' s Market which is not an arterial/arterial store is about 62 , 000 s . f. and as most know the store is closed . In looking at the zone districts , which 2 are being proposed as part of this application . The MMN district versus the NC district . There are a wide variety of uses permitted in the MMN and it is the most intensive residential district except for a small area of high density residential just south of the campus . It does allow attached and detached residential and some secondary uses ; places of worship and group homes . These uses are intended to have the intensity and population to support the Neighborhood Center. The Neighborhood Center uses are grocery store , potentially the supermarket , print shops and gas stations with a separation requirement of 3/4 mile if a gas station includes a convenience store . During the neighborhood meeting as well as the past review of this application , we heard a lot about transportation impacts . The city is going through the design of a capital project to improve the Harmony and Shields intersection as well as from Seneca all the way to College Avenue . That is a significant project and the city is going through a conceptual design right now and in very short order the city will be working with area residents to look at the design of that intersection and the approaches to that intersection . There is nothing carved in stone at this point and we are still working through the design . The finding of the staff as well as the consulting engineer that looked at this is that the traffic generated from this development if it gets moved to the south will be predominately from the east and that traffic coming from the west , which seems to be one of the biggest issues heard repeatedly because of the schools to the north and to the west and the direct connection of Wakerobin from Shields into the neighborhood that there is potential for negative impacts . Staff' s sense is that the impacts will actually Planning and Zoning Board Minutes September 21 , 2006 Page 5 be lessened to the neighborhood to the west if this rezoning were to go forward and the NC district moved to the south . In one of the earlier slides when the Master Plan came through there was a corner of the property that had some drainage coming through it and that property as well as some additional land to the west was acquired as a wetland area also know as the Dragon ' s Lair Wetlands . Director Gloss showed slides of that area . There are also other wetlands on the site near the corner of Harmony and Shields and other natural features on the site . There are buffer standards that would require any development on this site on the NC zoned area to be buffered from the ditch and the resources of the ditch . There have been a lot of discussion about environmental impacts . The Natural Areas program has looked at this site because some citizens have asked if the city would wish to acquire it as a natural area and the conclusion has been that the Natural Areas program is not interested in purchasing the property because there is not enough habitat here of adequate quality to justify such a purchase . Any development that would happen on this site regardless of the rezoning , there is an exhaustive process of design that any future applicant would have to go through and we would be mitigating environmental impacts based on our natural habitat and buffer standards . In summary staff has evaluated this request and are recommending that the Planning and Zoning Board recommend that City Council take an action of approving this rezoning request . From the staff' s perspective , the buffer provided by the change in zoning creates a larger area of MMN zoned ground between the neighborhoods to the north and west as a positive attribute of the change . Also information provided to staff through the traffic memorandum indicated that the impacts to the area to the west where the greatest concern has been raised would actually be lessened as far as traffic . This is a private sector initiative and staff is not initiating this request . Michael Markel , 5723 Arapahoe Avenue , Boulder, President and Owner of Markel Homes gave the applicant ' s presentation . He wanted to address transportation and traffic issues , pedestrian safety issues , marketing issues with the current and proposed zoning and mitigating impacts on the adjacent neighborhoods . Mr . Markel stated that the mid - block design is an outdated concept in the present environment . In this particular location , there is Troutman on the north and Wakerobin on the south that they feel are " collection " points for this particular location and would contribute to additional cut-through traffic through the neighborhoods . They do not feel that the present zoning allows for the proper mitigation for these particular roadways to prohibit traffic from moving from the neighborhood to the west moving east and the commercial moving from the east to the west . Planning and Zoning Board Minutes September 21 , 2006 Page 6 Mr. Markel stated that with the current configuration it would be impossible for a center to be successful . Mr. Markel stated that there are about 18 . 5 acres of Neighborhood Commercial and almost 40 acres of MMN , Medium Density Mixed Use Neighborhood that is in and around the proposed zoning to buffer the commercial area from the residential to the west . They want to take advantage of the new improvements that are going to be done at the Harmony and Shields corridor and they would like to be part of the process . They want to bring their site plan forward after the rezoning to be able to participate in the improvements to the intersection . The current perception is that if there were any development at this location that it would get much more congested than it is currently . He is sympathetic to that situation and he thinks that the perception is difficult to overcome , but with the major improvements at the intersection he thought the congestion being experienced currently would be a vast improvement . Mr . Markel proposed the possibility that they could mitigate traffic on Wakerobin and there may be several ways of doing that , so that the neighborhoods to the west would not have to have a through street that continues on into their neighborhood like it would with the current zoning . They are promoting safety by having improved intersections , pathways and walkways that will go through the commercial area to direct the pedestrians to the appropriate locations and make the crossing for children where there are signals . It is difficult when you are doing a rezoning and not able to show a site plan and show how everything would work , but he is representing safety and the routing of traffic and consideration of the children and the neighborhood and mitigating traffic . They would like to take advantage of the arterial roads that are going to be improved , the environment in the grocery industry is very competitive and he thought the Board would hear from Mr . Leftwich from the Regency Centers that has successful centers in Fort Collins , throughout Colorado and also across the nation . One of their specialties is grocery store anchored neighborhood centers . He thought the Board would hear that a mid - block location , he would not participate in this location in this particular development and it would be difficult for him to move ahead without a commercial partner. Mr. Markel thought that this particular location with the improvements on the major arterials is more environmentally friendly for the area and the amount of trips that people are taking to go shopping in other locations would be less . He thought that people coming from the north down to the south , to Loveland — he thought they could capture some of that traffic and direct into this particular location and that is why the corner location would work the best and would result in fewer car trips . He thought that they could demonstrate through their site planning that they are good developers and they would love for the Board to visit their website , www. markelhomes . com . Planning and Zoning Board Minutes September 21 , 2006 Page 7 Matt Delich , Traffic Consultant for the applicant stated that he performed a preliminary traffic and transportation analysis regarding the Structure Plan and Rezoning request for this site . Based on city criteria , a detailed traffic study is not needed for a rezoning , but they were asked to just comment on it . A detailed traffic study would be required when an actual development plan would be submitted regardless of where the site was located , whether it would be the mid - block location or on the corner . If the development is mid - block if has been found that impacts to the neighborhood to the west would be higher . At the corner location , the traffic coming from the west would remain on Harmony Road because they would not have the shortcuts available and there would be no point in taking them because it would be shorter and more direct to stay on Harmony Road and turn in . It is concluded that with the location at the corner as shown would impact the neighborhood to the west less . Mr . Leftwich , 5233 S . Ironton Way , Englewood Colorado and Senior Vice President with Regency Centers stated that he has been in discussions on this site for about a year . Their first discussions were with Safeway from a standpoint of the mid - block situation just to see if they could generate that interest and that interest would not be his foremost interest for Regency , just to see if the grocery interest could be there . The roadblock they ran into was about store success and retail center success . He first got into this business in 1982 and the first thing he learned was that good retail is at the corner of two streets that go a long way . He did not think that has changed since 1982 . Regency is a publicly traded company and they own in excess of 400 shopping centers and 95 % or greater are anchored by Safeway , King Soopers , Kroeger or Whole Foods . They are primarily a neighborhood grocery store developer , one of the largest in the country with over 7 billion in assets . He stated that they bought the ShopKo in Fort Collins and they are redeveloping it as JC Penny so there will not be a vacant building on College Avenue . Member Schmidt asked Eric Bracke from Traffic Operations to talk about what improvements are going to be made to Harmony and Shields . Mr . Bracke replied that Harmony Road would be a four lane arterial with auxiliary turn lanes from College Avenue all the way to Seneca , which is about a mile and half project . The intersection of Harmony and Shields will be improved so it has two thru lanes in each direction ; double left turns southbound and also double left turns west bound and north bound . Shields Street improvements will be part of it and it will go at least as far as Wakerobin to the north and a little bit south of Harmony Road also . Improvements will include Wakerobin being a right- in and right-out , not with the rezoning or the shopping center but with the Harmony Road project because it is so close and so problematic right now . Member Schmidt asked when it would start . Planning and Zoning Board Minutes September 21 , 2006 Page 8 Mr. Bracke replied they have started the preliminary engineering and the analysis and construction should begin in 2007 and should last through 2009 or 2010 . Member Schmidt asked if this commercial site was moved to the corner was there enough room property wise to have an intersection that would be signalized on Harmony to the west . Mr. Bracke replied that it would be unlikely that we would signalize an intersection to the west . The potential signalized intersection would be at Regency and that would not generate the traffic to warrant signalization . Anything in between there like at Westbury would be limited movement and he would need to see a site plan , but staff would like to try and maintain a full movement at Westbury at least from the south . He knew there were a lot of detailed questions that were going to be asked tonight , and that was difficult to answer without a site plan or analysis . Member Schmidt asked what the options would be if it were in the center of the block and would you be able to turn left off of Shields into the site . Mr. Bracke replied more than likely . There is going to be a signal at Troutman some day , which is half mile to the north . There is a potential for another full movement potentially signalized intersection at the half mile , but if it is not signalized it would be at least a three quarter movement allowing a left turn in . Chairperson Lingle asked Mr . Markel if this configuration was identical to what was proposed last spring or has it been modified in any way . Mr . Markel replied that it is almost identical , it was 17 . 8 and now it is 18 . 5 . Chairperson Lingle asked Mr . Markel if this project were to proceed , would he partner with Regency Center for the Neighborhood Center and would he retain the MMN land to develop himself. Mr . Markel replied they would work as a team for the development and they would work concurrently on the engineering and planning and Regency would be the owners of the commercial area and they would be the owners of the MMN and would develop concurrently . Chairperson Lingle asked about the agreement with Safeway and did they have a letter of intent . Mr . Markel replied they have a letter of interest for this particular location . Planning and Zoning Board Minutes September 21 , 2006 Page 9 Chairperson Lingle asked about the size of the proposed supermarket . Mr. Markel replied they did not have an exact size but it would be between 45 , 000 and 60 , 000 s . f. and he did not know if that had been decided . Member Schmidt asked if Mr. Markel could give her an idea of what kinds of things he would have planned for the MMN and would that differ if the commercial was in the middle or at the intersection . Mr. Markel replied that if they cannot partner up with some one on the corner commercial , he did not believe they could move forward on the project , but if they can partner up with someone on this location what they would like to do is present a variety of different housing types ; lofts with two to three story buildings , some single type living for empty nesters , elevator accessible buildings , some with parking under , some with detached parking , row housing , townhouses , various types of cottages and some small single family housing . There is a minimum density of 12 units to the acre so it is difficult to do single family in the MMN zone . They are looking into co- housing and they are talking to institutional people that could possibly do some senior housing . Member Schmidt presumed that the supermarket would go on the southern most piece and asked what might happen on the land that is north of Wakerobin . Mr. Leftwich replied that grocery stores today are changing as fast as he can put land under contract and try to get it entitled and there is a new size store . It a challenge for them and he would say that his inclination would be that if it were to be Safeway it would be 58 , 000 to 65 , 000 s . f. grocery format . The place it would be on this site would be is where this site has the appropriate depth to allow for their building . Member Schmidt asked what would be in the other buildings on the site . Mr. Leftwich envisioned retail , service for the neighborhood and restaurants . PUBLIC INPUT Bill Carson , 4442 Craig Drive stated that he appreciated the opportunity to speak and he did not think that anyone in his neighborhood is opposed at all to the Commercial Center being in their neighborhood . They all bought their properties with full knowledge that there was a city plan that had this development in it . They are opposed to the rezoning and what the impacts that it represents to them . They are not opposed to the developer and they have checked up on him and they do a very good job . As and when this area gets developed he would hope that they would be a part of it , but he did not want to see it done in the form of a rezoning . Planning and Zoning Board Minutes September 21 , 2006 Page 10 He offered a couple of observations . With all due respect , he thought that it was a myth that Safeway cannot succeed as zoned . Just look at the Safeway on Harmony and it is not next to another arterial and they are doing very nicely . They are smart people and they know how to succeed in the middle of a block in Fort Collins and in all kinds of other places he has been . It is simply not true that they can ' t succeed by not being on the corner . Mr . Carson felt that this is not a business unfriendly position to take . The rezoning does not add business in the form of additional revenues it is revenue neutral and does not add business to Fort Collins in the form of additional jobs . He asked for denial of the rezoning . Kathy Gargan , 4366 Westbrook Court asked for some clarifying answers and how would she get out if Wakerobin is closed off. She also asked what a three quarter movement is . She asked for clarification as far as the buffer zone between their house and the ditch and any building that is to be done back there . She also asked if there was any possibility if a yellow school light that could be put in at Wakerobin and Shields for children to cross at a 20mph crossing . John Williams , 4331 Mill Creek Court stated that there was interest from a regional grocer for a neighborhood commercial to be located at the corner and not at the center of the site . Here in lies the crux of the grocer' s rezoning request and it should be thrown out as no place in a rezoning because it deals with monetary gain . The grocer says that the Neighborhood Commercial Center is not economically viable in its current center location . This is not a reason to amend the plan . Pure economic greed is not a justifiable reason to change a neighborhood plan . This is a blatant spot zoning being done for a developer . The grocer has stated that the mid block location is not economically viable . Consider a grocery store that is going in along Shields mid block near Prospect . This store must be economically viable or they would not do it . Safeway' s request to build a 60 , 000 s . f. super center could only indicate a move toward developing a Regional Center as opposed to what they would consider a friendly Neighborhood Center especially in a neighborhood that is already developed . City staff and Director Gloss has handed the Board an agenda package that is packed with developer view points . No view points from the neighborhood are included that are accurate . Good planning is sometimes about waiting for the right development to come in . One does not rezone to make a development happen , especially if it is wrong and especially in a city that has been voted number one in the country . We can wait and we can do better . He respectfully asked that the Planning and Zoning Board request proof that the proposed zoning changes promote the public welfare by moving it and enlarging it . Please ask Director Gloss about the compatibility with the existing neighborhood and the perspective of the homeowners . He also wanted the Board to consider predictability . People purchased these homes knowing that a small Neighborhood Center was going to be built mid - block , people did not expect it to be Planning and Zoning Board Minutes September 21 , 2006 Page 11 moved closer to their homes and lower their property values and quality of life through increased safety , traffic and noise problems . People were not expecting a Wal - Mart type competition at regional scale , 65 , 000 s . f. is close to Wal - Mart size . They were expecting a small Neighborhood Center at the mid block location and that is what they should get . Neal Kravetz , 4736 Westbury Drive stated he was very concerned about the rezoning . According to the definition of the NC zone , there is supposed to be a buffer zone around it . This is one of the largest NC zones in the city . Mr . Kravetz explained with slides other NC zoned property within the city and their buffer zones . Mr . Kravetz explained that there was two ways they can get to this NC , they can make a left turn onto Shields and the problem is that if you try and do that today , it is very difficult to get across the intersection and with the expansion of Harmony and Shields it will be virtually impossible during rush hours to make it across . Instead they have to go out the north exit over up and double back down for a total distance of around a mile an a half. To put things in perspective King Soopers is a straight shot to the east at the corner of Harmony and College which is about a mile and a half away . That is more convenient than rezoning this for them . He asked the Board to deny the rezoning . Matt Kassawara , 1156 Belleview Drive wanted to preface this with the fact that he is not a land owner so he has nothing to do with self interest in property values affected by a potential rezoning . He was there to talk about predictability . Zoning provides predictability for purchasers and lenders of home sites or business properties and encourages the most appropriate use of land . The current zoning system , the residents of Wakerobin , Regency and Westbrook neighborhood bought their homes knowing that the area would eventually become some kind of Neighborhood Center with a maximum size of 45 , 000 s . f. not 60 , 000 or above . Residents of Regency and Wakerobin bought their homes knowing that someone would build apartments or condos . Residents also know that they have direct access to Shields without having to go out to the south and add more traffic heading eastbound on Harmony which is already a problem . In the Westbury neighborhood residents have anticipated development of apartments or condos . They also have direct access , with a traffic problem , to the north on Shields and to go eastbound . The proposed rezoning for the Wakerobin , Regency and Westbrooke neighborhood will have to contend with an unforeseen commercial development with regional access . Given the size of the store proposed , it seems like the developers are trying to bring in people from all over the place instead of just the neighborhood area . He sees this as a problem especially given the traffic issue . The proposed extension of Westbury Drive and the existence of the Dragon ' s Lair wetlands eliminates the possibility of having at least a quarter mile of medium density mixed - use zoning serving as a buffer between the neighborhood commercial zoning and the residential zoning . Residents will also not have access to Shields via Wakerobin . In the Planning and Zoning Board Minutes September 21 , 2006 Page 12 Westbury neighborhood residents will have to contend with unforeseen development with regional access directly to the north . Arterial streets never serve as a sufficient buffer between commercial and low density residential development , especially if the anchor operates 24/7 given light , noise , pollution and a gas station . Given the proximity of the access roads to the intersection of Shields and Harmony , whoever reviewed and approved the plans for Westbury did not anticipate development on the corner with regional access . The city cannot provide traffic signals at the intersection of Westbury and Harmony , nor Westbury and Shields leading to the loss of direct access to travel north on Shields and west on Harmony . Residents will find having to drive south on Shields to Trilby to access the city unacceptable . He urged the Board to vote for this rezoning if you wish to ignore the City Plan , Land Use Code and voices of affected residents by succumbing to the outlandish desires of developers who have no interest in contributing positively to anything but their profits . Lisa Rhodes , 1238 Westbury Drive stated that the last thing we need in this town is another supermarket . Any direction from Shields and Harmony , one mile either direction is a supermarket or a Commercial Center . In every direction there is also vacant retail space within a mile in any direction . She bought her property purposely to be away from commercial business . Mr . Markel stated that Safeway won ' t build if they don ' t get the corner lot . If they build this Super Safeway the other two or three Safeway' s in her guess will be closed eventually which will lead to more vacant space in our town . She believes the City Plan is outdated and she believes that in this city we have an overbuilding commercial crisis . The citizens and homeowners do not want a commercial super store there . Their neighborhood will be blocked they can barely get out now with the streets the way they are . Right now the voters voted and they are the next on the list for Shields and Harmony to be built . It is paid for and voted on and the money is there and to say that the supermarket will make it better or pay for it is an invalid reason . It ruins their property values , quality of life and impacts the safety of their children and families . She respectfully asked that the Board vote no on this issue . Dr . Sharon Butler, 1309 W . Harmony Road stated that she will have a front yard view of this new super center if it is built . When she bought her property six months ago she did not know this was on the plan , she wishes she had because she probably would not have bought the property . Currently she finds it hard to understand the logic of moving this zoning . In one breath they cite the convenience of having a Neighborhood Center where everyone can walk or bicycle to a store and have conveniences for everyone in this area . That is great , but in the next breath they say it is going to be a very large store with a large grocery store and they are going to try and draw traffic from around the area . Drawing traffic from around the area is not what this corner needs . As cited by many people before her , the intersection of Harmony and Shields , which we already know is terrible and currently traffic backs up in front of her driveway for an hour and a half every morning and at least two hours every evening . That is because of the traffic Planning and Zoning Board Minutes September 21 , 2006 Page 13 light at Shields . These are people that are heading east on Harmony . Even with expanding the roadway , even with turn lanes she did not see that additional traffic , noise , light pollution , delivery trucks coming to a supermarket and every other store that might be in this area would be advantageous to this area . This is a quiet family neighborhood and they expect other like areas to be there . The MMN designation that is in that area now allows for some commercial development that would be appropriate for this area . It would be more in fitting with the type of neighborhood that is there . A commercial development of this size is not appropriate in this area and she encouraged the Board to vote against this . Jeni Makinen , 4306 Westbrook Court stated that she has been in the neighborhood since 1992 . They purchased their house before the road was even developed and they were aware of the zoning at the future Troutman intersection . They will have a view of that from their backyard . She is concerned about the rezoning because of the traffic . Even though there are plans to expand Harmony and Shields she thinks that will just increase the volume and that moving and thinking that people are going to stop on their way to Loveland to shop and increase out tax revenue in our city is unrealistic . They are not going to let one car in on a red light turning right from Wakerobin . People are moving along and once you are on Shields and have a space it will not be given up . She is also concerned that there will not be a light and the closing of Wakerobin not having any access to her neighborhood and people turning left into the Neighborhood Center off of Harmony without a light . She thinks that the volume on Harmony will give limited opportunities to "dart" into the shopping area without a light . She thought we would be better off leaving it at the intersection that will have a light at sometime . Desiree Williams , 4331 Mill Creek Court visually showed a map which showed the Neighborhood Center at its currently zoned location . Next she showed a slide of the Troutman extension shown with a light at Shields and stated that this was a generous half mile from Harmony and Shields intersection . With a signal light , shoppers have no trouble entering or exiting this center . People from the neighborhood can comfortably and safely walk along Troutman and Wakerobin to enter the center since it is supposed to be pedestrian friendly and people in vehicles have no need to head back through the neighborhood to find a way out . Next slide shows the proposed zoning and Ms . Williams explains the " chaos " that occurs when the center moves to the corner of one of the most dangerous and crowded intersections in Fort Collins . Why do this when the traffic situation at mid block is a marvel of simplicity . At the corner we already have excessive congestion and frequent accidents . Not so at mid block . At the corner we also have a dream left situation . In other words there is no easy way to get out of the center and back onto Shields going north or on Harmony going east . Both Wakerobin and Westbury roads are closer than '/4 mile to the intersection . Placing traffic lights at these roads is insane and Front Range Community College is not allowed a signal at the same distance away . In order to head back north people will head back through Planning and Zoning Board Minutes September 21 , 2006 Page 14 their neighborhood past two schools and elementary and Jr . High until they find a signal light to help them make their left turn . By placing the Neighborhood Center at the corner, you move it further away from the people who might walk to it . Don ' t expect people from Westbury or across Shields to walk to this , they would be risking their lives . These are busy arterial streets and they are dangerous even with sidewalks . By moving it to the corner it becomes more of a Regional Center rather than a Neighborhood Center . It becomes distanced from the neighborhood and is obviously intended to attract and deter shoppers from other areas . So much for cutting down on the goal of driving distances and urged the Board to vote against the rezoning . Glen Colton , 625 Hinsdale Drive stated that he was a member of the Planning and Zoning Board from 1996 to 2003 so he was around when some of the changes were made from the old system to the new system . He wanted to remind the Board that they are only to recommend approval of the zoning change if the proposed amendment is consistent with the city' s Comprehensive Plan and/or warranted by changed conditions of the neighborhood surrounding and including the subject property . He would contend that it does not meet either one of these criteria . Prior to 1997 we had a system known as the LDGS which basically allowed anything to go anywhere with appropriate buffering . Many of our grocery stores at arterials were done at that point in time . In 1997 we changed to a much more prescriptive but predictable system to give both predictability to the neighbors who were buying properties so they would know what was coming into that area next to them as well as the developers who when they bought the property would know if they met the rules for that zoning that they would be able to get their property approved . This is something that both sides wanted . At the same time we changed our Structure Plan and the zoning it was recognized that having neighborhood commercial on major arterials was not the right model . That was the old model . In fact the one here was supposed to be a guide for new development within Fort Collins because there are many parts of the Comprehensive Plan that talk about getting away from having them on arterials . The vision is getting away from dependence on the automobile and be integrated into neighborhoods , not segregated from them . The zoning in the middle integrates it more into the entire block to the west and it would give easier access in off of Troutman and instead is now be segregated . That is against Policies MMN3 , MMN3 . 2 and is against the vision of City Plan and he believed that this is against more elements of the Comprehensive Plan than being consistent with the Comprehensive Plan . Again , this is not consistent with many elements , it destroys trust between the city and the neighbors that have relied on the Structure Plan and zoning in deciding where to live and the bottom line is is the city really committed to having Neighborhood Shopping Centers serving neighborhoods , decrease VMT' s or are they going to turn Neighborhood Shopping Centers into Community Shopping Centers to meet the demands of developers who want to build increasingly larger supermarkets . Will we walk the talk of having a walkable bikable Planning and Zoning Board Minutes September 21 , 2006 Page 15 community or increase reliance on automobiles and asked the Board to vote no on the rezoning . Ed Kirchoff, 1403 Nunn Creek Court wanted to make comments on the staff report in particular the warranted changed conditions within the neighborhood surrounding and including the subject property . He views this whole section as fiction . "The availability of properties to locate a supermarket in the area has changed . " The area of Fort Collins has not changed and nothing else has changed . It was six months ago that the Planning and Zoning Board heard that amendment to the zoning map and should be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood . The things we are talking about in here are business things having to do with how Safeway has changed and the other grocery stores have changed . In has nothing to do with what has changed in and around the neighborhood . He admits that this is something to read and then discard because it has no bearing on the situation . Mr. Kirchoff hoped that the Board does not take that seriously . He would also like to point out a little fiction in grocery stores only making it on corners . We have Whole Foods , Sunshine Market , Wild Oats , and Safeway on Harmony ; we have a new one coming in on Prospect and Shields all in the middle of the block . Five stores and four of them are already making it very well . In closing he would like to say that they bought their house knowing that they would have NC in the center . The city of Fort Collins needs to stand up and honor its commitments to the citizens in Westbrooke , Westbury and leave this NC where it is . Rezoning will turn it into a Regional Center with the addition of a Wal - Mart type lifestyle center . Fort Collins did not rate number one in Money because of big box stores but because of the hometown business atmosphere . The corporation is not going to be looking very favorably upon hometown businesses , they are going to be looking at Taco Bell , McDonald ' s and stuff like that . That is what we are going to get and that is not what they want . They don ' t want this center and they don ' t need Safeway , send them packing please . Marilyn Kirchoff, 1403 Nunn Creek Court stated that Mr . Gloss told the Board at the worksession that their neighborhood has behaving in an uncivil manor toward those who are in favor of this issue . He failed to inform the Board that at the August 14th neighborhood meeting , the Safeway representative , Mr. Garlick behaved in a very uncivil fashion toward their neighborhood . She did not get the impression that Safeway is trying to be a good neighbor. Their emotions are high in regard to this issue because they live in this area . Therefore they understand how this rezoning will lower their quality of life . They purchased their homes knowing how the area would be developed and suddenly they are being told that they must accept a larger anchor store in a different location that will bring them traffic and safety problems , lower property values and compatibility with an already existing neighborhood and infringement on the Planning and Zoning Board Minutes September 21 , 2006 Page 16 Dragons Lair wetlands . All their concerns will be mitigated by rejecting this rezoning request and by strongly recommending that the developer place a responsibly sized less than Wal - Mart size development at the originally zoned location . Jane Romero , 1420 Nunn Creek Court stated that everyone here speaking tonight really appreciated the Board listening to them tonight on the second time going . She asked the Board to please consider the following before voting . Two schools are just west of this proposed site . One an elementary school and one a Jr. High School and literally dozens and dozens of children cross over Shields Street to go to these schools . She lives by both of these schools and she sees them daily . Traffic is horrendous as they know if you have been through the intersection of Harmony ad Shields . She wanted to note that the number of students at Front Range Community College is 3 , 384 and they have a 31 % projected growth rate over the next five years and that is at that intersection as well . Many accidents occur at this intersection . Even with the expansion of Harmony , this city cannot afford to allow the traffic flow to increase especially where children walk to and from school . Most tax paying residents who live in this neighborhood are against the rezoning . She asked again to consider four things . The traffic issue at hand , the enormous center would change their neighborhood tremendously , as well as changing the character and title of Fort Collins being the best place to live . Three , when they purchased their homes they new of the existing zoning and they did not want the land zoning changed because their property values will go down . Four , please do not forget the children and the importance of their safety . James Butzek , 302 Peyton Drive stated he is not a resident of the area being questioned , but he works across the corner of where this is . He is not here representing Front Range Community College because he would not choose to do that . The last speaker , he would hate to correct , but there are not 3 , 300 students at Front Range , there is 5 , 200 students not counting the 400 High School students that are there daily . Add that with the employees , they push about 6 , 000 students that are there weekly . He has no idea how many people are at the Harmony Library . He does not know what to do and is not here to make a stand one way or the other . He is not an anti growth person and he is not a pro growth person . He understands the benefits of any type of business for our community . His concern is simply one thing and that is traffic . They have been waiting at Front Range for the Harmony and Shields to be fixed for years . He would be happy if he would have heard tonight that it was going to be six lanes , three lanes in each direction because that might fix the traffic they currently have . One resident talked about the traffic backing up to her home . He can ' t tell the Board how far the traffic is backed up on Harmony trying to get into the campus . He cannot exit on Shields when he leaves work taking a left . It is impossible . Yes they would like to get a stop light there . The concern is that we are going to be going through a construction on Harmony and should we not wait to see if the Harmony widening takes care of the current problem with traffic before we begin to perhaps increase that traffic problem . Planning and Zoning Board Minutes September 21 , 2006 Page 17 Karen Miller, 4325 Mill Creek Court stated that mandatory requirements for quasi - judicial rezoning require that the proposal is consistent with the city' s Comprehensive Plan and warranted by changed conditions within the neighborhood surrounding and including the subject property . This proposal was declined in April because it clearly did not meet those conditions . The current proposal is identical except it involves a store that is prohibitory large at 60 , 000 s . f. for the NC zoning in either location . Section 4 . 19 ( B ) (2 ) ( c) (4 ) states " permitted commercial usage to include a grocery store up to 45 , 000 s . f. " anything larger requires a Planning and Zoning Board approval after the fact but certainly should not be presumed and most definitely in keeping with the existing neighborhood that was developed with the intent and infrastructure to accommodate a Neighborhood Center with an anchor up to 45 , 000 s . f. as originally designed . There are two very disturbing aspects to the city staff report . First is the ascertain that commercial uses are more efficiently accessed at the corner of two arterials as opposed to in the middle of the property . While this may be true for a true commercial zone , the City Plan clearly states that " land use boundaries and density changes in the Neighborhood Commercial zone district shall occur at mid block locations to the maximum extent feasible rather than at streets . " In this case it is clearly preferable as the entire area has been well established upon that design . Secondly there must be changed conditions within the neighborhood itself to warrant such a change . Nothing in this neighborhood has changed what so ever in many years . The four issues mentioned in the staff report relate only to the lack of availability of other properties in Fort Collins and the lack of availability of other supermarkets to purchase this property ; and most disturbingly states that Safeway is the only potential supermarket for this location and they won ' t locate here unless it is at the corner . These are not changes to the neighborhood itself and clearly do not meet the requirement of changes conditions . We cannot allow this type of spot rezoning to occur solely to benefit commercial interest and blatant disregard of our own policies and vision for our city . Terming this smart growth is absurd aside from the traffic and safety nightmares it would create the issue of predictability for property owners in the surrounding are cannot be ignored . Smart growth would be to infill that utilizes the existing infrastructure and the new Troutman extension that can carry the bulk of new traffic to an area more appropriate in its current location . Please consider the community goals in City Plan that state that existing residential neighborhoods will be protected against development that is incompatible with community goals and needs . Ken Manning , 1219 Mariposa Court stated that he sees many neighbors in his area that are not coming up to the podium and he wanted a chance for them to express themselves . He asked that all those who are not in favor of this rezoning to stand . He sated that he moved into his neighborhood 8 years ago and thought that Fort Collins was growing at a very rapid rate and that is the smart thing to do . You want to know what is going to happen next to you and he appreciated that there is a City Plan in place Planning and Zoning Board Minutes September 21 , 2006 Page 18 to provide that kind of predictability for them because it is very valuable . Obviously they are very concerned about this change . He wanted to speak to the position that this supermarket needs to be located on the corner . Do you shop at a supermarket because it is on the corner? There is nothing magic about a corner . If you look at the research that speaks to grocery store and supermarket patronage it is not surprising what it says . You go to a grocery store because of the quality of the goods , the variety of the goods , they shopping ambience , the service quality , the comparative prices of goods and services and finally the accessibility of the store relative to competitive outlets . Those are the main predictors . He is a Professor of Marketing at CSU and he looked up the research . Think about the accessibility to this store if the zoning is changes . He thinks the accessibility is going to be hurt by the rezoning and that is the real irony of the request . He encouraged the Board to deny the request . Shane Miller , 4325 Mill Creek Court stated that he did not think that his property value will be affected by the rezoning . He went to the initial neighborhood meeting with Markel Builders and he does like it the way it is now , but he does not own it . He likes the drawings of the plan and he listened to the issues and gave it a lot of thought and these were his conclusions . Rezoning arbitrarily reallocates value from one group of homeowners and awards it to another ignoring the principle of predictability . He wanted to point out the current owners and seller of the parcel in question has exactly the zoning he purchased . Now to rezone it he may be enriched , but this would allocate value from people who bought with a Commercial Center behind them and take it from people who bought with a Commercial Center 500 feet away buffered by housing . It encourages greater use of residential streets to the west as alternate routes for car traffic right by the schools , parks and ball fields which already experience periodic congestion with lots playing kids . That is Seneca and Regency which will not be widened and when you come out of the rezoned area and you cannot turn left onto Shields , you are going to make two rights . Would you turn left onto Harmony so you can turn left onto Shields so you can wait for the lights on Shields or would you go up to Seneca and Regency . It is obvious . It replaces a natural drainage area with non permeable parking and structures . Normal flow can be diverted but that is not what happened in 1997 and remembering the check from the city when your basement was full of water. You are not supposed to be building , according to City Plan on natural storm drainage areas non permeable parking structures . The grades , aesthetics and character of the neighborhood , which are better served by a Neighborhood Center mid block maintains a current view corridor from Harmony Library and Front Range Community College all the way back to the foothills and Horsetooth rock . A cities natural character and beauty might be preserved by careful planning , ugly has nine lives and it is hard to take down . Conflicts with existing uses , the city staff' s position that a commercial use is a buffer for the adjacent wetlands overlooks the fact that there will be residences against it either way . It is negative for Planning and Zoning Board Minutes September 21 , 2006 Page 19 Fort Collins , positive for the developer and he does not mind the developer making money just not at the expense of the neighborhood . PUBLIC INPUT CLOSED Chairperson Lingle asked Mr . Delich to come up and address the current zoning configuration and that it would allow potentially a greater movement at Troutman Parkway extension that might be signalized or not on Shields , where moving it away from Troutman eliminates that possibility . Mr. Delich replied that it would allow movement in from Shields from the north bound direction that would be the only signal north of the Harmony and Shields signal . There would potentially be a limited turn access at this location that Mr . Bracke referred to as a three quarter access . A definition of that would be a right- in right-out , left in . This signal at this location would give the opportunity for someone to get out and go to the north with a signalized intersection . Assuming there will be a signal at this intersection , there will be a collector street that would still allow you to get to the signalized intersection and afford the opportunity to go north at a signalized intersection . What he talked about earlier is that the location at the corner would cause less neighborhood impact essentially at the schools because people would approach the site from the west on Harmony rather than cut through the neighborhood , where as with the location mid block it would be shorter and more direct to cut through the neighborhood on Silvergate or Seneca . Chairperson Lingle asked about the comments made about Wakerobin not continuing through . Mr . Delich replied that has not been decided . They would need a plan to determine that and right now Wakerobin exists and if a plan were developed that would terminate within the center that would be evaluated in a transportation impact study and come before the Board and would have to get through city staff. He thought that it was premature to even think that . Chairperson Lingle asked from the two options would there be any difference in the actual traffic count at the intersection of Harmony and Shields . Mr. Delich replied again he was shooting from the hip because there has not been a traffic study because there is no plan to evaluate . According to the Land Use Code a traffic study is not required at this level , it is just a rezoning . He did not think the actual traffic at the intersection itself will change very much . What will happen is that all the people who live in this area and points south probably travel through this intersection to get to other grocery stores , so we won ' t be introducing per se a lot of new traffic that are Planning and Zoning Board Minutes September 21 , 2006 Page 20 grocery store based bound traffic because they are going through this intersection anyway to get to the other grocery stores . If anything it will cut them off and reduce the VMT ' s to the other grocery stores . Chairperson Lingle asked Director Gloss to address the comments concerning the Comprehensive Plan and staff' s evaluation of that . Director Gloss replied that he would like Ken Waido from the Advanced Planning Department to come up and talk about the history the Structure Plan designations on the Structure Plan Map . Ken Waido , Chief Planner responded that when City Plan was adopted , we were making somewhat of a philosophical shift in the way the community was being planned . One of the consistent policies in City Plan really existed since the late 1970 ' s when we did the Land Use Policies Plan in 1979 . That was to really encourage creation of Neighborhood Shopping Centers and now they have different names being Neighborhood Commercial Centers . The idea was to get grocery based shopping centers that served the daily goods and services of residential areas out into residential neighborhoods . City Plan began to support those with higher density multi -family housing . In one case , the residential component was looked at as a buffer, but we also recognized that through the design criteria in our Land Use Code , which carried over from the previous Land Development Guidance System , that this community had accepted a long time ago that we did not need the classic low density to medium density to office building to commercial to be that type of buffering . That buffering could be done through design . There are many cases in the city where we have uses that typically would not locate next to each other. We have single family housing next to industrial uses in the city and the reason they work is because of the design of the industrial uses , Woodward Governor and Hewlett Packard being the industrial examples . In City Plan Neighborhood Centers are in the Medium Density Mixed Use Neighborhood section of City Plan . When staff started to look at zoning , it was discussed whether we actually rezone , or do we have areas designated Commercial or Neighborhood Commercial . They are such an important component of the structure that staff said that we need to have Neighborhood Centers designated on our plan and general location was initially done with circles . Unfortunately , the City Attorney did not like the idea of circular zoning districts on our map , so we had to use property boundaries or other geographic features to designate and rezone properties . Its so very important that again , in the Structure Plan and the idea of our commercial hierarchies of getting people out of their vehicles , or if they are in a vehicle , to minimize the utilization of that vehicle so they have immediate access to a Neighborhood Center is why we have put these things our into the neighborhoods . Consistency with the Comprehensive Plan for Planning and Zoning Board Minutes September 21 , 2006 Page 21 rezoning is just the classic requirement and that is why this particular rezoning request is in conjunction with a recommended change to the Structure Plan . What is the most important thing is to have a Neighborhood Center with an access through a collective street to the neighborhood . In both options there is that option with Wakerobin being a good example even though it may not be the classic definition of collector street in terms of volumes , it is a collector street into the neighborhood and offers a very good access . Long standing is that staff recognizes that an arterial location is important for marketing , capturing of traffic but neighborhood access through a collector street is also very important for Neighborhood Centers . Member Schmidt asked given all the things Mr. Waido just said , why on the Structure Plan Map was this Neighborhood Commercial put in the middle of the block . Planner Waido replied that if followed the plan that was done in the early 1980 ' s that was done under a completely different system when we were looking at locating Neighborhood Centers . There had already been a project through that go approval and staff just utilized that particular location to put the " red dot" on the Structure Plan Map in 1997 . Member Schmidt asked how often do we as a city amend the Structure Plan Map . Planner Waido replied that staff is committed to reviewing the policies in City Plan that at a minimum of every 5 years we will do a comprehensive review of the Comprehensive Plan . The Structure Plan being a component of that does not necessarily mean that we are going to change the Structure Plan every 5 years , but staff will evaluate the various policies and components of City Plan and where "tweaking " or new sections are needed those will be addressed in the update process . Member Schmidt asked about recent changes that had to do with the Fossil Creek area and amending the Structure Plan and that changes do happen and are not uncommon . Planner Waido replied that changing the Structure Plan is not uncommon and the example she gave was due to a Sub Area Plan . We have a number of Sub Area Plans that have been done in the past , there are some in their work program to be done in the next year or two and as a result of sub area planning processes those could amend the Structure Plan . Member Schmidt asked if this area was in any Sub Area Plan . Planner Waido replied no . Planning and Zoning Board Minutes September 21 , 2006 Page 22 Chairperson Lingle said it sounds like the placement of this was not necessarily driven by it being a better location to philosophically support City Plan Principles as it was that there was already approved under the Land Development Guidance System in this location and it was just identified in the rezoning process to place it there . Planner Waido replied that it afforded the collector street access both through Troutman and also Wakerobin . Those things combined with the fact that there was an approved plan on the location . Chairperson Lingle asked Planner Waido to speak about predictability . He stated on of the complaints of the LDGS was that it was not predictable for the neighborhood . That was one of the goals of City Plan to provide more predictability . Is there an issue with this particular one in terms of that . Planner Waido replied that he was correct from both a neighborhood perspective and the developer' s perspective . One of major criticisms of the old Land Development Guidance System was that it was felt that there was no predictability and what he meant by that is that neighborhood groups when they would come in and ask what can happen on this vacant piece of property staff told them that we could not give them an exact answer , but there were a range of uses that could potentially happen . We would go through the neighborhood review process , the development review process and involve the neighborhoods with required neighborhood meetings . Developer' s were also concerned that they did not have the classic zoning where there were a list of permitted uses and they knew they did not have to fight the land use battle when they had a classic zoning thing . Planner Waido reported that the NC district many of the other zoning districts retain mixed uses . They are not totally commercial , they are not totally residential . The MMN has some non residential uses , and some commercial and office uses permitted in it . The NC zone also permits residential uses . There are buffering requirements in the Land Use Code , so when a development plan comes in , that buffering could be addressed through a land use transition from a high intensity to lower intensity uses through a more moderate intensity use , or it could be done through set backs , landscaping , building placement , architectural design and there is different ways to deal with compatibility . Chairperson Lingle asked about the comments made about the location of a Commercial Center on a corner or mid - block and what the issues might be . Mr . Leftwich wanted to clarify that there has not been a formal letter of intent from any grocer . There has been an expression of interest to the extent that they have said Safeway . There could be other viable options for this site as well . He knows that Planning and Zoning Board Minutes September 21 , 2006 Page 23 Regency is not interested in a mid block location as they have found that historically that they are not as viable , successful properties as those that are located on the corner . There are exceptions to every rule and to say that a center cannot function in the mid block would be misleading and wrong , but to say that given these circumstances in this neighborhood at this location — he knows that Regency is not interested in a mid block location and he did not think the center would not be as viable at mid block . Mr. Markel added that when he first put the property under contract he brought Peter Calthorp out to be a consultant on this property . When visiting this site Mr . Calthorp asked what the possibility of getting the commercial from mid block to the corner. He thought that was the first thing that should be done with this property . He was involved with the development of City Plan and it was his recommendation that happen for the success of this site . Member Schmidt asked if there was a goal in mind when the improvements at Harmony and Shields are made and what was the expected level of traffic service . Mr . Bracke replied immediately it would go to B and C . In the long term it is expected to maintain a level of service D . Right now it is at level of service F and it is one of the highest accident locations in town . Member Schmidt asked if the accidents happen at the intersection or at mid block . Mr . Bracke replied that almost all accidents happen at intersections with traffic signals . Member Schmidt asked what he felt about the traffic signal at Troutman and the impacts if the shopping stayed in the area it is . Would that intersection be able to handle that type of level of service . Mr . Bracke replied he did not see why it couldn ' t . It would be a collector arterial intersection signalized and with good recirculation back to it , it should function properly . Member Fries asked what the square footage of the Wal - Mart Superstore . Director Gloss replied right around 200 , 000 s . f. Member Fries referred to comments made that a Wal - Mart was going in on this corner and that was like football and baseball . Member Schmidt thought they were referring to the one at College and Harmony . Director Gloss did not recall that square footage . Planning and Zoning Board Minutes September 21 , 2006 Page 24 Member Fries asked in the NC District a 45 , 000 s . f. grocery store could be done as a Type 1 Administrative Hearing . Director Gloss replied that was correct . Member Fries asked if it was correct that a supermarket size which would be over 45 , 000 s . f. would come before the Planning and Zoning Board as a Type 2 review . Director Gloss replied that was correct . Member Fries asked if that was regardless of whether if was at the corner of mid block . Director Gloss replied yes . Member Rollins asked Director Gloss to define " changed conditions . " Director Gloss replied that from 1981 when this property was first Master Planned clearly there is a change in conditions in traffic volumes in the area , information that has been provided to the staff that indicate that from a market standpoint that the visibility and exposure based on the location is important for the economic viability of the center . That goes hand in hand with the notion of changed conditions from 1981 to present . Member Schmidt moved that the Planning and Zoning Board recommend approval of the Structure Plan Amendment based on the Facts and Findings on page 7 and paragraph 4a on page 11 of the staff report. Member Meyer seconded the motion . Member Schmidt asked if Regency ever considers shopping areas with smaller shopping stores . Mr . Leftwich replied yes and they have done developments with smaller stores . Member Schmidt asked where other stores were located from this area besides the Harmony and College store . Director Gloss replied that there was an Albertson ' s at the corner of College and Horsetooth which is about 2 miles north of the College and Harmony intersection . Member Schmidt explained that if they wanted to talk about promoting the public welfare in being consistent with City Plan , having grocery or commercial supermarkets in the neighborhoods is something that could be considered contributing to the public Planning and Zoning Board Minutes September 21 , 2006 Page 25 welfare . If we are saying at this point that we could not find one that will function at the middle of the block , then in essence it benefits us to move it to the corner to promote that public welfare . It is hard without seeing site plans because she looks at what is out there and she sees that it is nice to have the signalized intersection at Troutman , but just because the commercial is at the other corner does not mean there would not be a road that connects up to Troutman so people can still use that connection . Member Rollins asked once Harmony is widened to four lanes and say this rezone is approved what kind of landscape and buffer would there be for the residential area to the south (Westbury ) on the north side of Harmony . Director Gloss replied that there would be the standard for street tree placement along the street . Obviously building placement is going to buffer some of the noise , light and other uses because we have a build to line requirement for some of the buildings that would be there . If you have parking lots with side loaded buildings , the parking lots have to be screened . We do have minimum screen requirements for the perimeter of the parking lot and internal to the parking lot there is extensive landscape requirements to break up the large horizontal plane so you get a tree canopy . In addition , we have some natural habitat that has to be protected along the south side of the property . There will be buffers from those resources which would create a greater green swath . There are drainage requirements and the Mail Creek drainage generally comes through this area , it has modified extensively over the years , but they will have to address the drainage issue . With additional development they are going to have to provide on site detention and water quality improvements and with that there will be additional green space added . Given the topography out there you would put some of that on the south side of the site closer to Harmony Road . All of those things in conjunction help to provide that separation between the roadway and the development . Member Schmidt asked about the large drainage basin and how much land would be lost use wise based on having to mitigate certain factors in that area . Director Gloss replied it was hard to say . The drainage basin does go from the northwest corner along the frontage to the southeast , and that is the natural drainage flow . To minimize disruption to any type of habitat that are there that would minimize grading and that would have to be addressed , but to say exact square footage it would be difficult to say . If you look at the Community College there are buildings that go through the green swath . Member Schmidt asked Mr . Markel if given the fact that Regency has not developed anything in the Fort Collins area , who were the other major supermarket developers and has he talked to any of them about their interest in working with them on this property . Planning and Zoning Board Minutes September 21 , 2006 Page 26 Mr. Markel replied that they have approached some of the grocers directly . They were introduced to Regency by a local person . There is another major commercial developer, Pace Properties out of the St . Louis area and they have not given him a letter of intent and he wanted to work with Regency . Member Schmidt was wondering about the statement that if it stays in the middle of the block the project won ' t happen , did he think that he would pursue looking at other people who would interested in developing . Mr. Markel replied that what they have spoken to is that Regency is the largest grocery anchored companies in the nation . He thinks they know their business . Peter Calthorp is one of the most renowned planners and has written seven books . When he has Peter Calthorp and Regency telling him certain information he thought it was too much of a risk for him to lose a high quality partner to move ahead in some kind of darkness thing . Member Fries echoed the comments by Mr. Butzek that this is a tough one . He appreciated all of the effort from the neighborhood and their comments . Where he is at with this at the present time is that several months ago the Board unanimously voted for a recommendation to City Council and he has heard nothing compelling to cause him to change his position . He restates the position in listening to the traffic experts based on some of the concerns in the neighborhood are , are they are legitimate concerns , that the traffic does not substantially change at the major intersection of Shields and Harmony regardless of the position of where the Neighborhood Commercial is . He would like to think that the decisions made by this Board are not economically driven , however looking at it , he thinks the neighborhood is much better off with the grocery store a couple blocks away . He has a tough time understanding why , when the developer says that chances are that we are not going to develop this in the middle of the block that we are not trying to work together to figure out some way to mitigate the concerns with the commercial on the corner . He thinks it is a loss to the city , obviously economically , but most importantly it is a loss to the neighborhood that they are not going to have a grocery store there . Traffic generation in his opinion — homes generate traffic not commercial . They all have to drive through that intersection everyday anyway . Weighing those things when it comes down again to a tough decision , and it was going to be as popular as the first time , he would be supporting the motion to amend the Structure Plan . Member Schmidt also appreciated all the comments and she tried looking at this starting all over from scratch . She feels like the comments as far as the changing of the zoning warranted by changed conditions within the neighborhood surrounding and including the subject property , she thought that conditions have changed for this subject property . When talking about changed conditions in the neighborhood surrounding and Planning and Zoning Board Minutes September 21 , 2006 Page 27 right at the moment there will be a neighborhood surrounding this which is the MMN and there are going to be more houses there which will add more traffic to the area and she thought there was a need in that area because of that for a grocery store . Whether you want to debate whether it could go on the corner or in the middle , you can only go on what people are telling them at this point in time . As Mr . Waido pointed out we do make quite a few changes to the Structure Plan within a certain amount of predictability , it is not like we are changing the zoning from what is here to highway industrial . That would be a very major unpredictable kind of change . At this point she can ' t see anything compelling as to why it would not work on the corner any differently than where it is . Her personal feeling is that there is going to be more buffering to the surrounding neighborhoods that currently exist and also better ability to buffer the drainage and open space with commercial than you would with multi -family . She would support the motion . Chairperson Lingle did not understand why the neighborhood that is immediately to the west would not rather be buffered by the MMN land than be directly adjacent to the NC where there could be loading docks and who knows what across their backyard fence . It seems like it would be much more logical to have that kind of mixed use buffer between them and whatever might happen with a neighborhood center . The consistent objection to that being rezoned and moved . On the other hand he can fully understand the Westbury neighborhood why they feel they are being infringed upon by all of a sudden having something that was either MMN or a natural area buffer suddenly being a Commercial Center directly across the street . He thought that the neighborhood has made a much more cohesive and compelling argument for some reason than last March in terms of some of their arguments . He can see where the mid block location makes more sense to him in terms of possible northbound movements on Shields without going through whatever might be developed in the MMN zone and how that might be configured , it is just a more direct route . It also from what Mr. Waido said that it is more supportive of City Plan in terms of having two potential collector connections into the neighborhood as opposed to one . Part of his reservation is that he is impressed by the development team that is being presented tonight , however the rezoning and the Structure Plan amendment are not tied to whatever might be brought forward . He is a little uncomfortable with some of the things that he has heard tonight forwarding a unanimous recommendation to City Council , he thought that might be a little irresponsible of the Board . He does not know what one vote means , but he thought they should be responsive to what they are hearing from the neighborhood . Member Stockover echoed the very tough decision . He is a very growth oriented person , he was born and raised in Fort Collins and Fort Collins has been very good to him . Growth paved a lot of that way . The thing in the back of his mind is still predictability and he thinks that is very important . He would love to see the housing on that property and drives by it all the time and wonders why no body has developed it . He hates to use Steele ' s as a mid block that failed because he thought there were a lot Planning and Zoning Board Minutes September 21 , 2006 Page 28 of issues there that wouldn ' t be associated with a national chain . The one thing that weighs heavily is there a need for a grocery store because it would already be mid block . One thing that is holding him back is he does not think there is a need for a grocery store because there are a lot of grocery stores in the area . He does think that a grocery store would work better on the corner than mid block . With all that said , not feeling the need for a grocery store , he would be going with the neighbors on predictability . Member Schmidt commented that looking up the Neighborhood Commercial in the Land Use Code and it says that "the Neighborhood Commercial District is intended to be a mixed use commercial core anchored by a supermarket or a grocery store and a transit stop " so right at the very description of Neighborhood Commercial it talks about supermarkets , not just grocery stores . That option has always been there for this kind of a zoning district and so that is why she knows that although the neighborhood was counting on it being a very small store , there was never any guarantee about that and if somebody wanted to , they could still put a supermarket size store on the mid block , She agree with certain aspects of the predictability issue , he worry is that some of these plan are developed and they don ' t get changed very often and things do change and are we going to be stuck in a mode where what we approved in 1980 we want to keep that because we want to be predictable . She thinks there are times where we have to make some changes and decide what is the best in a different environment . She is not saying that the corner necessarily is , but she does not think we can hang our hat on that to totally stop things from changing when there is a better option . Member Smith thought the intended uses and intent for the property obviously revolves around the grocery store . He believes that with the best information they have been given is that the conditions have changed for that subject property . He also believes what he has heard about the traffic and the cut throughs on Wakerobin and Troutman being decreased by this proposed change is something good . The cut throughs would be decreased by moving the shopping center to the south . He also thinks that the buffer between the current Neighborhood Commercial and the residential is inadequate and would be enhanced by moving it to the south . He would be supporting the motion . Member Fries added that on the predictability issue , he recalled watching the City Council meeting last time this issue was addressed . If he rembered correctly , predictability was definitely a huge part of their decision making process . What he would add to that is that he would certainly use the predictability argument if we were talking about a substantial change in zoning that now it is not a grocery store , but it is an office building four stories high . The fact that we are talking about moving something 500 feet without a site plan , we don ' t know what it is going to look like and nobody knew what it was going to look like when they moved in and bought their property , they simply knew that there is a section of ground and it is zoned MMN and it is zoned with NC . Planning and Zoning Board Minutes September 21 , 2006 Page 29 Predictability is absolutely what City Plan was hoping to provide for in 1997 , but it was never meant to be etched in stone . He does think that things change and again substantially we are not putting a sporting goods store in there , it is a grocery store and it is 500 feet difference . He is hearing some compelling arguments that there is nothing going to be there , at least from this developer , if we don ' t grant it 500 feet to the south and that is a huge argument for him . The motion was approved 6 - 1 with Member Stockover voting in the negative . Member Schmidt moved to recommend approval of the Harmony and Shields rezoning , # 1 -06A based on the Facts and Findings in the staff report on page 11 , 4b . Member Fries seconded the motion . The motion was approved 6 - 1 with Member Stockover voting in the negative . RESOLUTION 2006-104 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP WHEREAS,the City has received a request for an amendment to the Structure Plan Map and for rezoning of certain property located along the west side of South Shields Street and north of Harmony Road, which property is known as the "Harmony and Shields Rezoning"; and WHEREAS, the Council finds that the proposed zoning for the Harmony and Shields 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 Harmony and Shields 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 Harmony and Shields 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 14-Lory 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 I Park I r rl N T mnath QD -, �--Henn ony- . ___ ___ ______ �.� j ._... - Fort Collins -imnath Windsor �k �. P co Wildflower � r..l - 1 ..- "ri- Trilby Exlsansto Area --r rJ ._. FosslCreek U 4e Carpenter I SH 392 Fort Collins - 2a7 Loveland Separator Windsor CRr38 Loveland 0 0.5 1 Boundaries Districts ETTSiml Miles ��+pp Industrial District Edges Corridors IY id Fort Collins GMA � Downtown Distract ``rR�¢a99�n If 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 3 ORDINANCE NO. 161, 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 HARMONY AND SHIELDS 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 "MMN", Medium Density Mixed Use Neighborhood Zone District to the 'INC" Neighborhood Commercial Zone District, for the following described property in the City known as the Harmony-Shields Rezoning: LEGAL DESCRIPTION OF LAND TO BE CHANGED TO'INC"ZONE DISTRICT A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PM,CITY OF FORT COLLINS,COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,BEING MONUMENTED AT THE SOUTHEAST CORNER OF SECTION 34 BY A 3 1/4"ALUMINUM CAP WITH ILLEGIBLE MARKINGS IN A MONUMENT BOX AND AT THE EAST ONE-QUARTER CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP MARKED UR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00°00'10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE S89'56'50"W, ON THE SOUTH LINE OF SAID SOUTHEAST ONE- QUARTER, A DISTANCE OF 64.91 FEET; THENCE N00°03'10"W,A DISTANCE OF 59.99 FEET,TO THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD, AND THE POINT OF BEGINNING; THENCE S89'56'50"W, ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 827.82 FEET; THENCE N00°03'51"W, A DISTANCE OF 411.37 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF ANON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 46°51'02"AND A RADIUS OF 400.00 FEET,AN ARC LENGTH OF 327.08 FEET, THE CHORD OF SAID CURVE BEARING N23°21'47"E, WITH A DISTANCE OF 318.04 FEET,TO A POINT OF TANGENCY; THENCE N46°47'18"E, A DISTANCE OF 181.85 FEET, TO A POINT TO THE NORTHERLY RIGHT OF WAY OF WAKEROBIN LANE; THENCE ON SAID NORTHERLY RIGHT OF WAY THE FOLLOWING FOUR (4) COURSES; 1) THENCE S38°00'07"E, A DISTANCE OF 53.84 FEET, TO A POINT OF CURVATURE; 2) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 48°59'47" AND A RADIUS OF 573.00 FEET, AN ARC LENGTH OF 490.00 FEET,THE CHORD OF SAID CURVE BEARING S62°30'00"E, WITH A DISTANCE OF 475.21 FEET, TO A POINT OF NON- TANGENCY; 3) THENCE N84°39'35"E, A DISTANCE OF 116.88 FEET, TO A POINT OF CURVATURE; 4) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 84'39'34"AND A RADIUS OF 15.00 FEET,AN ARC LENGTH OF 22.16 FEET, THE CHORD OF SAID CURVE BEARING N42°19'57"E, WITH A DISTANCE OF 20.20 FEET, TO A POINT ON THE WESTERLY RIGHT OF WAY OF SOUTH SHIELDS STREET,AND A POINT OF NON-TANGENCY; THENCE S00°00'10"W,ON SAID WESTERLY RIGHT-OF-WAY,A DISTANCE OF 576.05 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 89°5640 AND A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, THE CHORD OF SAID CURVE BEARING S44°58'30"W, WITH A DISTANCE OF 21.20 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 12.58 ACRES. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is not included in the Residential Neighborhood Sign District. Section 3. 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 the"MMN"Medium Density Mixed Use Neighborhood Zone District,for the following described property in the City known as the Harmony-Shields Rezoning: LEGAL DESCRIPTION OF LAND TO BE CHANGED TO "MMN" ZONE DISTRICT A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6th PM,CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,BEING MONUMENTED AT THE SOUTHEAST CORNER OF SECTION 34 BY A 3 1/4"ALUMINUM CAP WITH ILLEGIBLE MARKINGS IN A MONUMENT BOX AND AT THE EAST ONE-QUARTER CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP MARKED "JR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00°00'10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE- QUARTER; THENCE N00°00110"E,ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER, A DISTANCE OF 1403.66 FEET; THENCE N90°00'00"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET, AND THE POINT OF BEGINNING; THENCE N90'00'00"W, A DISTANCE OF 201.91 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF ANON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 32'59'47"AND A RADIUS OF 675.88 FEET,AN ARC LENGTH OF 389.24 FEET, THE CHORD OF SAID CURVE BEARING S29°26'29"W, WITH A DISTANCE OF 383.88 FEET, TO A POINT OF NON-TANGENCY; THENCE S46'47'18"W,A DISTANCE OF 266.20 FEET,TO THE NORTHERLY RIGHT OF WAY OF WAKEROBIN LANE; THENCE ON SAID NORTHERLY RIGHT OF WAY THE FOLLOWING TWO (2) COURSES; 1) THENCE N38'00'07"W, A DISTANCE OF 45.00 FEET, TO A POINT OF CURVATURE; 2) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 22'07'37" AND A RADIUS OF 627.00 FEET, AN ARC LENGTH OF 242.14 FEET,THE CHORD OF SAID CURVE BEARING N49°03'57"W, WITH A DISTANCE OF 240.64 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF WESTLAKE P.U.D. SECOND FILING, AND A POINT OF NON-TANGENCY; THENCE ON SAID EASTERLY BOUNDARY THE FOLLOWING SIX(6)COURSES: 1. THENCE N13'56'41"E, A DISTANCE OF 109.74 FEET; 2. THENCE N34`40'28"E, A DISTANCE OF 109.36 FEET; 3. THENCE N00"13'44"W, A DISTANCE OF 65.56 FEET; 4. THENCE N22°44'24"W, A DISTANCE OF 144.02 FEET; 5. THENCE NO2°35'59"W, A DISTANCE OF 117.22 FEET; 6. THENCE N04°5121"E, A DISTANCE OF 211.51 FEET; THENCE N75'26'30"E, A DISTANCE OF 52.30 FEET; THENCE N43"10'20"E,A DISTANCE OF 322.00 FEET; THENCE N27°13'40"E,ADISTANCE OF 134.32 FEET,TO APOINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 27'12'58"AND A RADIUS OF 575.00 FEET,AN ARC LENGTH OF 273.13 FEET, THE CHORD OF SAID CURVE BEARING S76°23'21"E, WITH A DISTANCE OF 270.57 FEET, TO A POINT OF TANGENCY; THENCE S89°59'50"E, A DISTANCE OF 153.46 FEET, TO A POINT ON SAID WESTERLY RIGHT OF WAY; THENCE S00°00'10"W, ON SAID WESTERLY RIGHT OF WAY A DISTANCE OF 702.98 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 15.42 ACRES. Section 4. 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 5. 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