HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2007 - SECOND READING OF ORDINANCE NO. 058, 2007, AMENDIN ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: May 1, 2007
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Second Reading of Ordinance No. 058, 2007, Amending the Zoning Map of the City by Changing
the Zoning Classification for That Certain Property Known as the Rigden Farm Tract A Rezoning.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
Ordinance No. 058, 2007, unanimously adopted on First Reading on April 17, 2007, rezones 4.5
acres located at the southeast corner of South Timberline Road and Custer Drive,in the Rigden Farm
development from MMN - Medium Density Mixed-Use Neighborhood District to NC -
Neighborhood Commercial District.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- April 17, 2007.
ATTACHMENT 1
ITEM NUMBER: 17
AGENDA ITEM SUMMARY DATE: April 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Relating to the Rigden Farm, Tract A, Rezoning and Structure Plan Amendment.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
The Planning and Zoning Board, at its regular monthly meeting on March 15, 2007, voted 6-0 to
recommend approval of the Rigden Farm, Tract A, Rezoning and Structure Plan amendment.
EXECUTIVE SUMMARY
A. Resolution 2007-037 A din e CiW58,Y20Amending
Map.
B. Hearing and First Readin rd the Zoning Map of the
City by Changing the Zoning Classification for That Certain Property Known as the Rigden
Farm Tract A Rezoning.
This is a request to amend the City Structure Plan and zoning map on a 4.5 acre parcel located at the
southeast corner of South Timberline Road and Custer Drive,in the Rigden Farm development. The
current City Structure Plan designation is Medium Density Mixed-Use Neighborhood,with zoning
the corresponding MMN - Medium Density Mixed-Use Neighborhood District. The applicant
proposes a Structure Plan amendment on 4.5 acres to Neighborhood Commercial Center. The
proposed zoning is the NC - Neighborhood Commercial District.
The property is currently in the City's Residential Neighborhood Sign District and should remain in
the District; therefore, an amendment to the District map would not be necessary.
APPLICANT: Don Till
1201 Chi :dele urt P Y
Fort Collins, O 80
OWNERS: Rigden Farm, LLC
1027 West Horsetooth Road, Suite 200
Fort Collins, CO 80526
Rigden Farm Master Association
1001 A East Harmony Road, #357
Fort Collins, CO 80525
April 17, 2007 -2- Item No. 17
BACKGROUND
The applicant, Don Tiller, on behalf of the property owners, Rigden Farm, LLC, and Rigden Farm
Master Association, has submitted a written request for the rezoning of 4.5 acres located at the
southeast corner of South Timber ' a u n igden Farm development. The
properties proposed for rezonin a curr tly a op .7-acre parcel of land in, and a 0.5-
acre parcel containing an entry atur the g n Farm velopment; and approximately 1.3
acres of street rights-of-way for Ti rli oad, r Drive, and Illinois Drive. The
requested zoning for this property is NC - Neighborhood Commercial. Because the property is
currently in the Medium Density Mixed-Use Neighborhood designation on the Structure Plan, an
amendment to the plan is necessary.
The adjoining existing zoning and land uses are as follows:
N: NC: existing shopping center(Shops at Rigden Farm
S: LMN; existing church (Timberline Church)
E: MMN; existing child care&preschool (Seven Oaks Academy)
W: RL; existing single-family residential (Meadows East)
The property was annexed into the Ci of Fort Collins as part of the Timberline Annexation in June,
1997.
This is a Planning and Zoning B L o )ea ti to Cit ouncil on an amendment to the City
Plan Structure Plan map and concurrent request for a corresponding rezoning. The amendment to
the Structure Plan is found to be consistent with the vision, goals, principles and policies of City
Plan. The rezoning satisfies the criteria of Section 2.9.4 of the Land Use Code. Several main
considerations factor into City staff support for this Structure Plan amendment and rezoning request:
1. A neighborhood shopping center(Shops at Rigden Farm,with a King Soopers supermarket
as an anchor)has recently developed directly across Custer Drive to the north. The proposal
provides the opportunity to essentially extend the Center onto the subject property as
opposed to creating a stand-alone strip commercial development.
2. Reduction in the size of developable land in the Medium Density Mixed-Use Neighborhood
District by 3.2 acres will not have a negative impact on the surrounding neighborhood. Only
2.7 acres of the 3.2 acresCthe
. d a i .5 being the existing landscaped
entry and sign feature i en F e op e3. This property is surrounre es st, no d east)by public streets.
4. The property to the south is currently zoned LMN-Low Density Mixed-Use Neighborhood
and contains an existing large church(Timberline Church), with parking for approximately
1,000 vehicles, that is planned for expansion (development application pending). The
church,a permitted use in almost every zoning district,provides a logical transition between
the proposed neighborhood commercial uses on this property and the developable/
redevelopable properties south of the church that are currently or would be in the Low
Density Mixed-Use Neighborhood and Medium Density Mixed-Use Neighborhood Districts.
April 17, 2007 -3- Item No. 17
5. Residential uses to the west are separated from this property by a major arterial street(South
Timberline Road)that is planned for an ultimate 6 lane width, including a wide landscaped
median.
6. The property to the east is zoned MMN-Medium Density Mixed-Use Neighborhood.There
is an existing child careCide:ti
ademy) on the property.
Staffs perspective is that these c (sionclusion that the Structure Plan
could be changed in response to this request. The new designation would then support the requested
rezoning to Neighborhood Commercial.
A. CONTEXT OF THE PROPOSED STRUCTURE PLAN AMENDMENT
The Structure Plan, an element of the City's Comprehensive Plan, is a map that sets forth a basic
pattern of development, showing how Fort Collins should grow and evolve over the next 20 years.
The map currently designates the property as Medium Density Mixed Use Neighborhood primarily
based on the approved Rigden Farm, Overall Development Plan (ODP).
To recommend approval of this proposal,staff and the Planning and Zoning Board have to find that:
1. the existing Structure PCId
ine c
2. the proposed changes wb tot p li a and be consistent with the vision,
goals, principles and pf 'ty P
These are the applicable criteria, contained in Appendix C of City Plan.
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 amen (enti®roto a public elfare 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 or pre-existing circumstances such as a major street,major drainageway,
or existing development.
April 17, 2007 -4- Item No. 17
Policy MMN-2.1 Size. A Medium Density Mixed-Use Neighborhood should extend an average of
about one-quartermile from the edge ofthe 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 NeighChoUc PICenyterill 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.
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 arteria t.
The City Structure Plan illustra a fu that a neighbo oods as the primary building block
to the community. Successful re ial '9 cts on th ility to support and benefit from 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. 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. More intensive uses found within the
medium density mixed use areas, such as concentrated housing,are within easy walking distance of
services and provide a transition to the surrounding lower density residential areas.
B. STAFF ANALYSIS - STRUCTURE PLAN AMENDMENT
Staff has reviewed the applic s requ0.,Jples�an
an Amendment and found that, in
balance, it is consistent with ad ed olicies. Replacement of the MMN
residential district with an NC district will still allow the subject property to function synergistically
with the adjacent Shops at Rigden Farm and nearby residential neighborhoods as envisioned under
the Plan.
April 17, 2007 -5- Item No. 17
This parcel,even if re-designated Neighborhood Commercial Center,would still be co-located with,
and adjacent to,the existing Neighborhood Commercial Center immediately to the north. Also,this
parcel is a part of a 4.5-acre block of land surrounded by streets on three sides.
Many ofthe permitted uses in the Medium Density Mixed-Use Neighborhood District are also found
in the Neighborhood Commer sotdPculaaff finds that the 2.7 acres of
undeveloped, developable 1 are n Medium Density Mixed-Use
Neighborhood in this area.
As with most Structure Plan amendments,there are clearly upsides and downsides to each viewpoint.
Below, staff has attempted to capture the pros and cons with the requested amendment. Pros and
cons have been paired so that ready comparisons can be made between the opposing viewpoints.
PROS CONS
Still within target acreage range for the Rigden
NC District: Originally approved at 35 acres;
now at 26 acres with the proposed amendment
(23% area reduction).
Adjacent to the Shops at Rigden Farm and
could be viewed as an "ex sin n' th
Center.
The Timberline Church site to a Bout is
"compatible" with commercial uses.
Increased traffic could strengthen viability of Might challenge the viability of the
the Center. Might help the "critical mass" existing/proposed Rigden Farm NC, i.e., -
needed to support certain uses, e.g., - adding a Shops at Rigden Farm and potential future
"sit down"restaurant. commercial uses along Illinois Drive.
Results in "like uses facing like uses" across
Custer Drive consistent with adopted policy.
Questionable suitability for housing on this site. Losing potential residential customers to the
Would be negligible loss ofhousing units based Shops at Rigden.
on the lot size
Not a "lost" opportunity, give ther aOffiggen
ODP uses (schools, churc v
housing, etc.) within the balanc of "
Farm.
No abutting residences to impact. No abutting residences to impact.
April 17, 2007 -6- Item No. 17
PROS CONS
Not perceived as "strip commercial" on the
arterial street because of site configuration,i.e.,
entry sign and landscaped parcel at corner;
short lot frontage on Timberlin o mi
to Shops at Rigden Farm.
Potential to capture vehicle trips e e r
based on recent New Dawn rezoning, and the
corresponding visitors and tenants.
The Rigden Farm entry sign parcel provides a
buffer to residential to the west.
C. REZONING REQUEST
The applicant initially filed a rezoning petition with the City on January 5,2007. The current request
is to rezone a 4.5 acre parcel, from MMN - Medium Density Mixed-Use Neighborhood to NC -
Neighborhood Commercial.
In order to recommend approva Ni"
po , s e arming and Zoning Board had to
find that the rezoning is:
(1) consistent with the City's Comprehensive Plan; and/or
(2) warranted by changed conditions within the neighborhood surrounding and including the
subject property."
The above criteria are found in subsection 2.9.4[H][2] of the Land Use Code outlines mandatory
requirements for quasi-judicial rezonings. In addition, the following subsection 2.9.4[H][3] lists
additional factors that may be considered along with the mandatory requirements for this type of
quasi-judicial rezoning, as follows:
"In determining whether to recommend approval of any such proposed amendment,
the Planning and Zoning Board and City Council may consider the following
additional factors:
(a) whether and the tent tooich posed endment is compatible with
existing and pro ding 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
April 17, 2007 -7- Item No. 17
(c) whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern."
Purpose Statements of the Zone Districts.
For convenient reference, the below. oss ern s p t z e districts in question are listed
P
• Purpose of the NC—Neighborhood Commercial District:
The purpose of the NC District (Section 4.23 of the Land Use Code) is to be "a mixed-use
commercial core area anchored by a supermarket or grocery store and transit stop.The main purpose
of this District is to meet consumer demands for frequently needed goods and services, with an
emphasis on serving the surrounding residential neighborhoods typically including a Medium
Density Mixed-Use Neighborhood. In addition to retail and service uses, the District may include
neighborhood-oriented uses such as schools, employment, day care,parks, small civic facilities, as
well as residential uses.
This District is intended to function together with a surrounding Medium Density Mixed-Use
Neighborhood, which in turn serves as a transition and a link to larger surrounding low-density
neighborhoods. The intent is foVasa
peran
o to an integral,town-like pattern
of development with this Distrif I in not merely a series of individual
development projects in separa
• Purpose of the MMN—Medium Density Mixed-Use Neighborhood District:
The purpose of the MMN District (Section 4.6 of the Land Use Code) is to be "a setting for
concentrated housing within easy walking distance of transit and a commercial district. Secondarily,
a neighborhood may also contain other moderate-intensity complementary and supporting land uses
that serve the neighborhood. These neighborhoods will form a transition and a link between
surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks.
Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an
inviting and convenient living environment."
D. STAFF ANALYSIS - REZONING REQUEST
The request to rezone is conside(qu ici (v s e lat a since the parcel is less than 640
acres. There are five standards t used' e ing quest for a quasijudicial rezoning.
These standards, and how the r lie ummari below:
A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed
amendment is consistent with the City's Comprehensive Plan; and/or.
As stated above under the Structure Plan amendment analysis, staff has concluded that the
proposal is consistent with the principles and policies of City Plan,and would be consistent
with the Structure Plan if it is amended as proposed.
April 17, 2007 -8- Item No. 17
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.
Conditions have changed in the neighborhood to warrant the rezoning. The October 2002
ODP amendment and thCned
e 0 e zo ng removed a total of 12.6 acres
from Rigden Farm N-C Th r rez ng request will add 4.5 acres to the
N-C zone area. The cuma ct hanges i 8.14 acre or 23%reduction in the
Rigden Farm N-C zone area. Rezoning Tract A to N-C will have no negative impact relative
to the original intended Rigden Farm N-C area designation.
C. Whether and the extent to which the proposed amendment is compatible with existing and
proposed uses surrounding the subject land, and is the appropriate zone district for the land.
The rezoning request is compatible with the existing and proposed uses surrounding the
subject land and is an appropriate zoning district for the land. A 50 to 200-foot landscaped
buffer borders the majority of the west property boundary adjacent to Timberline Road, a
major arterial street. Custer Drive, a major collector,is on the north boundary border. Uses
immediately north of Custer Drive include a bank, gas pumps, oil change business, and car
wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline
Church parking lot to the Of
Rydscape
logical extension of the zoning
from the north and can b appro buffer for the uses on the
other property boundari
D. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment, including but not limited to, water, air, noise,
stormwater management, wildlife, vegetation, wetlands and the natural functioning of the
environment.
There is no evidence that the rezoning will result in significant adverse impacts to the natural
environment on- or off-site. The subject property is an undeveloped site with no natural
habitat or features present.
E. Whether and the extent to which the proposed amendment would result in a logical and
orderly development pattern.
Yes. As explained under e Gisal
t, a rezoning will result in a logical
and orderly developmen attem. nt tionship of the NC and MMN zone
districts, with overlappi us hange the boundary will not disrupt the
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 away that best supports neighborhoods as the basic building block
to the community. The neighborhood center will provide uses to meet consumer demands
from surrounding residential districts for everyday goods and services, and will be a
pedestrian-oriented place that serves as a focal point for the surrounding neighborhoods.
April 17, 2007 -9- Item No. 17
In addition to the above factors, Subsection 2.9.4[H][3] provides factors that may be considered
along with the mandatory requirements for quasi-judicial rezonings. Staff has prepared a response
to each of the additional factors, demonstrating how the optional criteria could also be met:
"In determining whether to recommend approval of any such proposed amendment,the Planning and
Zoning Board and City Council ay n ' er o n d tonal factors:
(a) whether and the extent t hi t r os amend ent is compatible with existing and
proposed uses surrounding the subject land, and is the appropriate zone district for the land;
The rezoning request is compatible with the existing and proposed uses surrounding the
subject land and is an appropriate zoning district for the land, as required by Section
2.9.4(H)(3)(a). A 50 to 200-foot landscaped buffer borders the majority of the west property
boundary adjacent to Timberline Road, a major arterial street. Custer Drive, a major
collector,is on the north boundary border. Uses immediately north of Custer Drive include
a bank, gas pumps, oil change business, and car wash. Seven Oaks is on the east boundary,
separated by a local street, with Timberline Church parking lot to the south.
(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, fe, at
e s the natural environment'; and
As mentioned above, th ezonin will t versely pact the natural environment. Any
development application e s t t e Ci evelopment standards relative to
natural habitat, energy conservation, stormwater and landscape design.
(c) whether and the extent to which the proposed amendment would result in a logical and
orderly development pattern."
The rezoning results in a logical and orderly development pattern. As described earlier,the
proposed change results in a logical extension to the N-C district, shifts the zone boundary
location from mid-street to mid-block,allowing like uses to face like uses as encouraged by
the city plan. Uses typical of the N-C zone district are more compatible with the non-
residential uses, some of which are intensive, located adjacent to the Tract A property
boundary.
FINDINGS:
After reviewing the Rigden F Tra Re i and S tore Plan Amendment, staff makes
the following findings of fact and conclusions as explained above:
1. This request for a Structure Plan amendment would be consistent with the City's
Comprehensive Plan policies.
2. This rezoning request is consistent with the City's Comprehensive Plan based on the
Structure Plan amendment.
April 17, 2007 -10- Item No. 17
3. The proposed NC - Neighborhood Commercial 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(uldneoino and erly pattern of development.
STAFF RECOMMENDATION:
Staff recommends adoption of the requested rezoning and Structure Plan amendment.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment will not be necessary to include this property in the Residential Neighborhood
Sign District.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting on March 15, 2007, voted 6-0, on
the Consent Agenda,to recommend approval of the Rigden Farm,Tract A,Rezoning and Structure
Plan Amendment. C 0 P Y
ATTACHMENTS
1. Applicant's written statement
2. Tract A - parcel rezoning map
3. Site Vicinity Map
4. Aerial Photo-based context map
5. Existing Zoning map
6. Proposed Zoning map
COPY
ORDINANCE NO. 058, 2007
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 RIGDEN FARM TRACT A REZONING
WHEREAS, Division L3 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 said property should be
rezoned as hereafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification from "MMN", Medium Density Mixed-Use
Neighborhood Zone District to "NC", Neighborhood Commercial Zone District, for the following
described property in the City known as the Rigden Farm Tract A Rezoning:
ALL OF TRACT A, RIGDEN FARM FILING ONE IN THE CITY OF FORT
COLLINS, LARIMER COUNTY, COLORADO, AND ADJACENT PUBLIC
STREET RIGHT-OF-WAYS,FROM PROPERTY BOUNDARY TO CENTER OF
PUBLIC STREET RIGHT-OF-WAY; ADJACENT PUBLIC STREETS ARE
TIMBERLINE ROAD, CUSTER DRIVE AND ILLINOIS DRIVE.
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. 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 17th day of
April, A.D. 2007, and to be presented for final passage 4'hely of May, A.D. 2007
ATTEST:
il w -61
City Clerk
Passed and adopted on final reading on the 1st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk