HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2006 - SECOND READING OF ORDINANCE NO. 158, 2006, AMENDIN ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: October 17, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Second Reading of Ordinance No. 158,2006,Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property Known as the New Dawn Fort
Collins Rezoning.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,which was unanimously adopted on First Reading on October 3,2006,rezones 3.9
acres located at the southeast corner of Iowa Drive and Limon Drive, in the Rigden Farm
development to MMN-Medium Density Mixed-Use Neighborhood.
ITEM NUMBER: 23 A-B
AGENDA ITEM SUMMARY DATE: October 3, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT °
I y
Items Relating to the New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan
Amendment.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
The Planning and Zoning Board, at its regular monthly meeting on September 21, 2006, voted 7-0
to recommend approval of the New Dawn Fort Collins(Rigden Farm)Rezoning and Structure Plan
amendment.
EXECUTIVE SUMMARY
L
A. Resolution 2006-102 Amending the City's Structure Plan Map.
B. Hearing and First Reading of Ordinance No. 158, 2006, Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for that Certain Property Known
as the New Dawn Fort Collins Rezoning.
This is a request to amend the City Structure Plan and zoning map on a 3.9 acre parcel located at the
southeast comer of Iowa Drive and Limon Drive,in the Rigden Farm development.The current City
Structure Plan designation is Neighborhood Commercial Center,with zoning the corresponding NC
-Neighborhood Commercial District. The applicant proposes a Structure Plan amendment on 3.9
acres to Medium Density Mixed-Use Neighborhood.
APPLICANT: R&R Engineers - Surveyors
c/o Davi r
710 We Colf venu
Denver, O 802
Ry
OWNER: Rigden Farm, LLC
1027 West Horsetooth Road, Suite 200
Fort Collins, CO 80526
October 3, 2006 -2- Item No. 23 A-B
BACKGROUND
The applicant, R&R Engineers - yors be of ,pro y owner, Rigden Farm, LLC,
has submitted a written reques r the nin f a es ca d at the southeast corner of Iowa
Drive and Limon Drive, in Rigd F e men he site is currently vacant. The
requested zoning for this prope is i Density ixed-Use Neighborhood. Because
the property is currently in the Neighborhood Commercial Center designation on the Structure Plan,
an amendment to the plan is necessary.
The adjoining existing zoning and land uses are as follows:
N: NC, MMN: existing independent living facility(Spectrum, a residential use)
W: MMN; undeveloped
E: MMN; undeveloped
W: NC; undeveloped
The property was annexed into the City of Fort Collins as part of the Timberline Annexation in June
1997.
Four main considerations underli t f su rt Pe
Structure Plan amendment and rezoning
request:
1. The properties to the n e t, durre zoned MMN - Medium Density
Mixed-Use Neighborhood.
2. This property is part of a 5-acre block that is surrounded on all four sides by public streets,
with the southerly 2 acres already zoned Medium Density Mixed-Use Neighborhood.
3. An independent living facility (residential use) has recently developed on the property
directly to the north, on the opposite side of Limon Drive.
4. Reduction in the size of the Neighborhood Commercial District by 3.9 acres will not have
a negative impact on the surrounding area. The remaining 16 acres of developed and
undeveloped NC-zoned properties will provide essential neighborhood goods and services
as envisioned under City Plan.
Staffs perspective is these corxed-Usi
Jeigb
up a clusion that the Structure Plan
could be changed in response e d 'gn 'o ould then support the requested
rezoning to Medium Densityr
The applicant has expressed the intent to construct a Long-Term Care Facility(assisted living) on
the property and the use is not permitted in the NC District.
A. Context of the Proposed Structure Plan Amendment
The City Structure Plan is the primary basis for zoning decisions. An amendment is a prerequisite
to this rezoning request.
October 3, 2006 -3- Item No. 23 A-B
To recommend approval of this proposal,staff and the Planning and Zoning Board have to find that:
1. the existing Structure Plan is in need of change; and
2. the proposed c ges w Id pr o t pu ' Telfare and be consistent
with the vision, oals, p ciple policies y Plan.
These are the applicable criteria, contained in Appendix C of City Plan.
The Structure Plan currently designates this parcel as Neighborhood Commercial Center,primarily
based on the approved Rigden Farm, Overall Development Plan(ODP).
B. Staff Analysis - Structure Plan Amendment
Neighborhood Commercial Center
The parcel is shown on the approved Rigden Farm ODP to be part of a larger grouping of proposed
Neighborhood Commercial Center uses.The westerly 10 acres of that parcel has already developed
as a neighborhood shopping center, with a supermarket as its anchor. There is still approximately
6 acres of land designated as Neighborhood Commercial Center between the shopping center and
this property.
Medium Density Mixed-Use Ceighbo 0ood PY
City Plan calls for this Medium Density Mixed-Use Neighborhood to be co-located in conjunction
with Neighborhood Commercial Center.This parcel,even if re-designated Medium Density Mixed-
Use Neighborhood,would still be co-located with, and adjacent to,the Neighborhood Commercial
Center immediately to the west. Also, this parcel is a part of a 5-acre block of land surrounded by
streets on all four sides.The southerly 2 acres in this block are undeveloped and designated Medium
Density Mixed-Use Neighborhood.
Loss of a small parcel of NC zoning
Many of the permitted uses in the Neighborhood Commercial are also found in the Medium Density
Mixed-Use Neighborhood District, and vice versa. Staff finds the 3 acres are not a significant loss
of Neighborhood Commercial in this area.
C. Rezoning Request
The applicant initially filed aConingQpiteCity July 7, 2006. The current request
is to rezone a 3.9 acre parcel, Co rcial to MMN - Medium Density
Mixed-Use Neighborhood.
In order to recommend approval of this proposal, staff and the Planning and Zoning Board would
have to find that the rezoning is:
1. consistent with the City's Comprehensive Plan; and/or
October 3, 2006 -4- Item No. 23 A-B
2. warranted by changed conditions within the neighborhood surrounding and
including the subject property."
The above criteria are found in s on tTe
se Code and outline mandatory
requirements for quasi-judici ezoni In i n ng subsection 2.9.4[H][3] lists
additional factors that may be nsider alon i ey requirements for this type of
quasi-judicial rezoning, as follo
"In determining whether to recommend approval of any such proposed amendment,
the Planningand Zoning Board and City Council may consider the following
S Y Y S
additional factors:
(a) whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but not
limited to, water, air, noise, stormwater management, wildlife, vegetation,
wetlands and the natural environment'; and
(c) whether and th xtentome
a ro se ndment would result in a
logical and ord y devea ru."
Purpose Statements of the Zone Districts
For convenient reference, the purpose statements of the two zone districts in question are listed
below.
• Purpose of the NC—Neighborhood Commercial District
The purpose of the NC District(Section 4.19 of the Land Use Code) is to be:
"a mixed-use commercial core area anchored by a supermarket or grocery store and
transit stop. The main purpose of this District is to meet consumer demands for
frequently needed goods and services, with an emphasis on serving the surrounding
residential neighborhoods typically including a Medium Density Mixed-Use
Neighborhood. In add it' re d e- s, District may include
neighborhood-oriented ses s c as sc o to t, day care, parks, small
civic facilities, as well reside al us
This District is intended to function together with a surrounding Medium Density
Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger
surrounding low-density neighborhoods. The intent is for the component zone
districts to form an integral, town-like pattern of development with this District as
a center and focal point; and not merely a series of individual development projects
in separate zone districts."
October 3, 2006 -5- Item No. 23 A-B
• Purpose of the MMN—Medium Density Mixed-Use Neighborhood District:
The purpose of the MMN District (Section 4.5 of the Land Use Code) is to be:
y
"a setting for concentr ftndarnilnei)o
Rd
a distance of transit and a
commercial district. S ay so contain other moderate-
intensity complement s serve the neighborhood.
These neighborhoods will form a transition and a link between surrounding
neighborhoods and the commercial core with a unifying pattern of streets and blocks.
Buildings, streets,bike and walking paths,open spaces and parks will be configured
to create an inviting and convenient living environment."
D. Staff Analysis - Rezoning Request.
Is the request consistent with the City's Comprehensive Plan?
Yes. If the Structure Plan Amendment is supported, then the zoning logically follows.
Have conditions changed in the neighborhood to warrant the rezoning?
Yes. A supermarket-anchored(=d
' ho n as adybeen developed in Rigden
Farm and there are still 6 acreso d Ne rh d ercial on properties between this
property and the shopping cen
a"r ,�
Is the rezoning request compatible with existing and proposed uses surrounding the subject land and
is it the appropriate zoning district for the land?
Yes. It is covered by evaluation of the Structure Plan Amendment.
Will the rezoning have adverse effects on the natural environment?
No. Under either existing or proposed zoning, the same standards for protecting the natural
environment will apply.
Will the rezoning result in a logical and orderly development pattern?
Yes. As explained under the Structure Plan amendment, the rezoning will result in a logical and
orderly development pattern. B of e of NC and MMN zone districts,
with overlapping uses, this sm chan o the wi disrupt the pattern.
The applicant's expressed inten ton g-Term e Facility(assisted living) on this
site. Long-Term Care Facilities are not permitted in the NC -Neighborhood Commercial District
but are permitted in the MMN - Medium Density Mixed-Use Neighborhood District.
FINDINGS OF FACTS AND CONCLUSIONS
After reviewing the New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan
Amendment, staff makes the following findings of fact and conclusions as explained above:
October 3, 2006 -6- Item No. 23 A-B
1. This request for a Structure Plan amendment would be consistent with the City's
Comprehensive Plan policies.
P
2. This rezoning requeC
st th i C rehensive Plan based on the
Structure Plan amend
3. The proposed MMNm ty fixed-U eighborhood Zoning District is
appropriate for this property under the proposed arrangement.
4. The proposed rezoning would not result in significantly adverse impacts on the natural
environment.
5. The proposed rezoning would result in a logical and orderly pattern of development.
STAFF RECOMMENDATION
Staff recommends approval of the requested rezoning and Structure Plan amendment.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Boar i m tin n September 21, 2006, voted
7-0 to recommend approval of a Ne awn of s n Farm) Rezoning and Structure
Plan Amendment.
ATTACHMENTS
1. Vicinity Map.
2. Existing Structure Plan— Site and Surrounding Context.
3. Proposed Structure Plan—Site and Surrounding Context.
4. Existing Zoning— Site and Surrounding Context.
5. Proposed Zoning—Site and Surrounding Context.
P g
COPY
ORDINANCE NO. 158, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE NEW DAWN FORT COLLINS REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code")
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of
the property which is the subject of this ordinance,and has determined that the said property should
be rezoned as hereafter provided; and
WHEREAS,the Council has further determined that the proposed rezoning is consistent with
the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood
surrounding and including the subject property; and
WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning
against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning P P Ma adopted Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification from "NC", Neighborhood Commercial Zone
District, to "MMN", Medium Density Mixed-Use Neighborhood Zone District, for the following
described property in the City known as the New Dawn Fort Collins Rezoning:
A tract of land located in the Northwest One-Quarter of Section 29, Township 7
North, Range 68 West of the 6th PM, County of Larimer, State of Colorado, more
particularly described as follows:
All bearings contained herein are based upon the north line of Northwest Quarter of
said Section 29, assumed to bear South 89°26'35"East, 2641.75 feet,monumented
as follows: a found 2.5"aluminum cap stamped"LS 17497"at the Northwest Comer
and a found 3.25"aluminum cap stamped"LS 37963"at the North Quarter Corner,
both of said Section 29.
Commencing at the Northwest Corner of said Section 29;
Thence South 89'26'35" East, 1084.69 feet; along the north line of said Northwest
Quarter;
Thence South 00°18'56" West, 366.85 feet; along the centerline of Iowa Avenue to
the Point of Beginning;
Thence North 89°55 37 East 380.18 feet along the centerline of Limon Drive and
the extension thereof the east line on a parcel of land as described in Ordinance#244
of 1998 of the City of Fort Collins, amending the zoning map;
Thence South 48'52'11" East, 56.41 feet, along said east line;
Thence along said east line and the are of a curve to the right,having a central angle
of 13°45'28", a radius of 680.00 feet, an arc length of 163.28, whose chord bears
South 55°44'55" East, 162.89 feet;
Thence South 27°22 21 West 155.94 feet along said east line;
Thence along said east line and the are of a curve to the left, having a central angle
of 10°33'02", a radius of 600.00 feet, an are length of 110.49 feet, whose chord
bears South 22°05'50" West, 110.33 feet;
Thence along said east line along the arc of a non-tangent curve to the left, having
a central angle of 15°24'40", a radius of 600.00 feet, an arc length of 161.39 feet,
whose chord bears North 82°21'47" West, 160.90 feet;
Thence South 89°55'53" West, 284.70 feet, along said east line, to the centerline of
Iowa Avenue;
Thence North 00°00'39" East, 347.96 feet, along the centerline of Iowa Avenue, to
the Point of Beginning.
The above described parcel contains 170,413 square feet, (3.91 acres) more or less.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code be, and the same hereby is, changed and amended by showing that the above-described
property is included in the Residential Neighborhood Sign District.
Section 3. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
[ntroduced, considered favorably on first reading, and ordered published this 3rd day of
October, A.D. 2006, and to be presented for final passage on th 7th 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