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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/17/2006 - SECOND READING OF ORDINANCE NO. 161, 2006, AMENDIN ITEM NUMBER: 32 AGENDA ITEM SUMMARY DATE: October 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Second 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. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on October 3, 2006, by a vote of 4-3 (Nays: Manvel, Ohlson, Roy) rezones 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 corner of Harmony and Shields with the balance of the site zoned M-M-N,Medium Density Mixed Use Neighborhood. The attached Ordinance has been amended to accurately reflect the basis for City Council's findings. _ z Z Z 2 = _...._- W \\� I I 0 q W7 C 5 a G J I1 z r U) Z v W t w rc N c WI yl � I 4 a � c � W � f OV z R � oZ N o W q a N IL = 0 w N U) a IL r7� - - HARMONYROAD 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 COPY 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 Cn !47 A This is a request to amend thee Ian rezone 58 acre parcel located on the west side of South Shields Street, y-• d. Th zone 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 corner 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 submit a sent' e r est the plan previously rejected by City Council earlier this year. The surrounding zoning and 1 use s f o 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 subdivisio • Johns Elem ary Web r�J,r. High School, Dragon's Lair Wetlan H o LD C rc • 1980 ter'` 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 ap is con 'ni i 26.9 acres Tract B 77 apartment con o mi u s 1 cr Tract C Neighborhood ommer 1 Ce .5 a with 140,000-150,000 square feet of retail and non-reside ' 1 u s. 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 oapp�r One-year extension toCelacta or a nei orhood shopping center approval granted by Planning ani[fg , 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 a 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 and evoatedPf s St cture Plan AmendmenURezoning request on this property " v tohe d MMN districts on the subject property, moving a portion of the NC district to the corner of Hannony 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 submitte f ise es Strac 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)ofthe 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 • September 21, 2006 Planning and Zoning Board recommended 6-1 (Nays: Stockover) that the City Council approve the revised zo(7() PY* 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 UseC e ind t t fo g: Additional Considerato u on determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including,but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and order OIFI a APPLICANT'S REQUEST D JUT 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 locat' We feel strongly that t reques s in pbnte rest f FortCollins, the existing neighborhood and the s of nrh enter 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 CentersCetyl� loc d e corn of two arterial roads on the structure plan. The zonw ore c act 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 Appeara a and osignThe proposed shift in w beYltion 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 Prope s 1• od- ercial development is more economically staina at th o er d '1 attract better commercial anchors, tenants and re ce vac ies. 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 CeohpopertyY 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 Neig rhooidOtifended tr "The Neighborhood Co eia 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 change he prdp ed z 'fatnc is ed to successfully anchor this neighborhood cent Based trad exis ng store locations,Safeway is the only potential su ke isn hey 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 locatiCans hi r n ' b od stability by moving commercial developfrom a 'n s' gle-family homes. The requested zoning is prop to one to sition between adjacent residential properties e o ce aintain 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,4o w ' e s ment would result in a logical and orderly dev o me t attern lk,41 -r, Y 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 envisi s neiarhoopresidenti ri uilding block to the community. Multiple neighborhoods are vi ed as districts served by a grocery store and other frequent destinations is fesenti ices 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 d e ' 1 C ter and Medium Density Mixed Use Residential areas still all both 'cts ct s e 'stically as envisioned under the Plan. The location of existing d plann futu r ways, s as Wake Robin Lane to the west, Westbury Drive to the south, an t f ic;n nTroutman 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 t rr o d s ets to the west will be less with an NC center a e co of ny d i ds. According to the submitted Traffic Analysi repare y a P fe tonal Tr c Engineer,the proposed location will provide less o ' a to nei rhoods 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 apewith e ai e, and that the natural features "on the ground"do not coinci ener 'z p e n on the Structure Plan Map. Future development plans on tl ect the req ents of Section 3.4.1 ofthe 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 proposedCenot nt 'll o to ublic welfare and will be consistent with zp es an olicies ofCity Plan and the elementsthereo 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 tw be een 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 Ne borho Co eP enter ill provide uses to meet consumer demands from surrounding Re al is_ ery 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 arte(7.,, OPY' t 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 staffs 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 rCie/ent djfmpy the existing location. • The relocated NC diste Itmily residences within close proximity to the com • 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. W. • The location of existin d pl d fu reeste ys, as Wake Robin Lane to the west, Westbury Drive to the uth, an e fu arn a nsion to Troutman Parkway to the north, will continue to a kr ehiic d 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 reare. ie ity a sitive attributes stated above, it appears that the revised Nei enter i e eighborhood configuration will continue to promote the publ • 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 RECONFIGURINGTHE NEIGHBORHOOD COMMERCIAL, NC,AND MEDIUM DENSITY MIXED NEIGHBORHOOD,M-M-N,—SECTION 2.9.4(H): The request to reconfigure the o is sidered quasi-judicial (versus legislative) since the parcel is ss th 40 ac s. e e standards that maybe used in evaluating a request for a quas udicial zoni ese stan ds, and how the request complies, are summarized below: tw 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 Nei ghborhooCods d res n al ns s ere established for this property in 1981, the neighbor din h subject operty has changed substantially. Hundreds of residentiah ar library d 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 Considerat' A. Whether and the exten which e pr Posamend nt is compatible with existing and proposed uses surroundi au n the ropriate 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 exte to whlcoti p e m en would result in significantly adverse impacts on the tural a ncludin ut not limited to, water, air, noise, stormwater managemen , if wetla nd the natural functioning of the environment. Immediately abutting the property to the west is a stonnwater 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 extenCern, opi4w Y would result in a logical and orderly development p 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 follow i n ct: A. The proposed amendm t to the c P wilyprote the public welfare and will be consistent with the visi als, ip d f 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 corner 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 develo dysummary has been provided as an attachment. STAFF RECOMMENDATI 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 orhood District. PLANNING AND ZONING OARD EC 7DAYN 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 "spot�z ing". • A future supermarket this sit ould dig ayaa'l Mart.No information has be ., ide a t a 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 va 'llJerme " • No additional grocery res o ar e n the area. "Drawing"traffic into a area n orhoo center is inappropriate. The MMN zone district a a com. ial 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 intersect' a:`� • In balance, more City polic' are t in YEs re compliant. • The Safeway represent 've beh ed in r nateeighborhood meeting. • The relocated NC distri il�n or th 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 patronizedUbap(n i a si , not on location. The owner master plrty e t he existing zoning. Seneca and Regency be id e .Development on the age wi pervious 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 r n- py-n es COPY 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 , Section 2 . 9 .4(H) of the Land Use Code requires that any amendment to the City ' s Zoning Map involving the zoning or rezoning of 640 acres of land or less (a quasi-judicial rezoning) be approved by the City Council only if the proposed amendment is consistent with the City ' s Comprehensive Plan and/or warranted by changed conditions within the neighborhood surrounding and including the subject property; and �hq !EREAS5 in accordance with the foregoing, the eity eouncil has considered the rezo of the property which is the subjectu of this ordinance, and has determined that the said propelitLyp should br, rezoned as hereafter provided; an WHEREAS , the City has received a request to rezone a fifty-eight (58) acre parcel located on the west side of South Shields Street, north of Harmony Road, known as the "Harmony- Shields Rezoning"; and WHEREAS, the City's Planning and Zoning Board has recommended that the City Council approve such rezoning; and WHEREAS, the City Council has €urther 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 for the following reasons : 1 . That the proposed rezoning is consistent with the principles and policies of City Plan, more particularly, Principle MMN-2 and Policy MMN-2 . 1 ; and Principle MMN-3 and Policies MMN-3 . 1 and MMN-3 .2 . For that reason, the City Council has, through the adoption of Resolution 2006- 104, amended the City Structure Plan Map in order to make the Structure Plan Map more consistent with the foregoing principles and policies of City Plan; 2 . The proposed rezoning is warranted by changed conditions within the neighborhood surrounding and including the subject property by reason of the following facts : (a) over 1 ,000 additional dwelling units have been constructed within the four square miles which are to be served by the neighborhood center that is the subject of the rezoning request since the original zoning was imposed upon the subject property in 1981 , (b) three public schools, a neighborhood park and a public library have been constructed within the vicinity of the subject property since 1981 , and (c) the Front Range Community College, which is in close proximity to the subject property, has expanded greatly during said period of time . WHEREAS , to the extent applicable, the City Council has also analyzed the proposed rezoning against the considerations established in Section 2 . 9 .4(H)(3) of the Land Use Code; and WHEREAS , in accordance with the foregoing, the City Council has determined that the said property should be rezoned as hereafter provided. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS 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 "NC" 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 "NC" 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 2430711 , WHICH IS ASSUMED TO BEAR S00 ° 00' 10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE S89056'50"W, ON THE SOUTH LINE OF SAID SOUTHEAST ONE- QUARTER, A DISTANCE OF 64 . 91 FEET; THENCE N00003' 10"W, A DISTANCE OF 59 .99 FEET, TO THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD, AND THE POINT OF BEGINNING; THENCE S89056'50"W, ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 827 . 82 FEET; THENCE N00003 '51 "W, A DISTANCE OF 411 . 37 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 46 ° 5 F02" 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 N46047' 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 S38000107 "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 48059'47" AND A RADIUS OF 573 .00 FEET, AN ARC LENGTH OF 490. 00 FEET, THE CHORD OF SAID CURVE BEARING S62030'00"E, WITH A DISTANCE OF 475 .21 FEET, TO A POINT OF NON- TANGENCY; 3) THENCE N84039135 "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 84039'34" AND A RADIUS OF 15 .00 FEET, AN ARC LENGTH OF 22 . 16 FEET, THE CHORD OF SAID CURVE BEARING N42019 ' 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 S00000' I O "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 89056'40" AND A RADIUS OF 15 .00 FEET, AN ARC LENGTH OF 23 . 55 FEET, THE CHORD OF SAID CURVE BEARING S44058130"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 2430711 , WHICH IS ASSUMED TO BEAR S00 ° 00' 10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE- QUARTER; THENCE N00 °00' 10"E, ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER, A DISTANCE OF 1403 . 66 FEET; THENCE N90000'00"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET, AND THE POINT OF BEGINNING; THENCE N90000 ' 00"W, A DISTANCE OF 201 .91 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-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 S29026'29"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 N3800050711W5 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 22007'37" AND A RADIUS OF 627.00 FEET, AN ARC LENGTH OF 242. 14 FEET, THE CHORD OF SAID CURVE BEARING N49003 '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 : I . THENCE N13056'41 "E, A DISTANCE OF 109.74 FEET; 2 . THENCE N34040'28 "E, A DISTANCE OF 109 . 36 FEET; 3 . THENCE N00 ° 13 '44 "W, A DISTANCE OF 65 . 56 FEET; 4 . THENCE N22044'24 "W, A DISTANCE OF 144. 02 FEET; 5 . THENCE N02035 '59 "W, A DISTANCE OF 117 .22 FEET; 6 . THENCE N04051 '21 "E, A DISTANCE OF 211 . 51 FEET; THENCE N75026'30"E, A DISTANCE OF 52. 30 FEET; THENCE N43 ° 10'20"E5 A DISTANCE OF 322.00 FEET; THENCE N27 ° 13 '40"E, A DISTANCE OF 134. 32 FEET, TO A POINT 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 S76023 '21 "E, WITH A DISTANCE OF 270 . 57 FEET, TO A POINT OF TANGENCY; THENCE S89059'50"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