HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2007 - ITEMS RELATING TO THE RIGDEN FARM, TRACT A, REZONI 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 Amending the City's Structure Plan Map.
B. Hearing and First 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.
This is a request to amend the City Structure Plan and zoning map on a 4.5 acre parcel located at the
southeast comer 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 Tiller
1201 Chickadee Court
Fort Collins, CO 80525
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 comer of South Timberline Road and Custer Drive,in the Rigden Farm development. The
properties proposed for rezoning are currently an undeveloped 2.7-acre parcel of land in,and a 0.5-
acre parcel containing an entry feature for, the Rigden Farm development; and approximately 1.3
acres of street rights-of-way for South Timberline Road, Custer 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 City of Fort Collins as part of the Timberline Annexation in June,
1997.
This is a Planning and Zoning Board recommendation to City Council 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 acres remain developable, with 0.5 acre being the existing landscaped
entry and sign feature into the Rigden Farm development.
3. This property is surrounded on three sides (west, north, and 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
April 17, 2007 -3- Item No. 17
Density Mixed-Use Neighborhood and Medium Density Mixed-Use Neighborhood Districts.
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 care, preschool facility(Seven Oaks Academy) on the property.
Staffs perspective is that these considerations adequately support a conclusion that the Structure Plan
could be changed in response to this request. The new designation would then support the requested
rezoning to 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 Plan is in need of change; and
2. the proposed changes would promote the public welfare and be consistent with the vision,
goals, principles, and policies of City Plan.
These are the applicable criteria, contained in Appendix C of City Plan.
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
April 17, 2007 -4- Item No. 17
Center,Community Commercial District, Employment District, or an Industrial District,subject to
adjustment for site-specific or pre-existing circumstances such as amajor 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 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 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.
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.
The City Structure Plan illustrates a future that uses neighborhoods as the primary building block
to the community. Successful residential districts rely on the ability 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 applicant's request for the Structure Plan Amendment and found that, in
balance, it is consistent with adopted City Plan principles and policies. 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 of the permitted uses in the Medium Density Mixed-Use Neighborhood District are also found
in the Neighborhood Commercial District, and vice versa. Staff finds that the 2.7 acres of
undeveloped, developable land are not a significant loss of 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 "extension" of the
Center.
The Timberline Church site to the south 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 oss
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, given other approved
ODP uses (schools, churches, variety of
housing, etc.) within the balance of Rigden
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 Timberline,and proximity
to Shops at Rigden Farm.
Potential to capture vehicle trips to the Center
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 approval of this proposal, staff and the Planning 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 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
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 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 4.23 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
DensityMixed-Use Neighborhood. In addition to retail and service uses, the District may include
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neighborhood-oriented uses such as schools, employment, day care,parks, small civic facilities, as
well as residential uses.
This District is intended to function together with a surrounding Medium Density Mixed-Use
Neighborhood, which in turn serves as a transition and a link to larger surrounding low-density
neighborhoods. The intent is for the component zone districts to form an integral,town-like pattern
of development with this District as a center and focal point; and not merely a series of individual
development projects in separate zone districts."
• 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 considered quasi-judicial(versus legislative)since the parcel is less than 640
acres. There are five standards that maybe used in evaluating a request for a quasi-judicial rezoning.
These standards, and how the request complies, are summarized 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 the October 2006 New Dawn rezoning removed a total of 12.6 acres
from Rigden Farm N-C zoned area. The Tract A rezoning request will add 4.5 acres to the
N-C zone area. The cumulative effect of the changes is an 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 south. This change in zoning is a logical extension of the zoning
from the north and can be appropriately buffered with a landscape buffer for the uses on the
other property boundaries.
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 the Structure Plan amendment,the rezoning will result in a logical
and orderly development pattern.Because of the interrelationship of the NC and MMN zone
districts, with overlapping uses, this small change to the boundary will not disrupt the
pattern.
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. 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 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;
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, wildlife, vegetation, wetlands and the natural environment'; and
As mentioned above, the rezoning will not adversely impact the natural environment. Any
development application will be subject to the City's development 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 pattem.
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 Farm,Tract A, Rezoning and Structure 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 would result in a logical and orderly 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.
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
ATTACHMENT
Rigden Farm Tract A N-C Rezoning Request
The following serves as the rationale for rezoning and associated Structure Map modification for the
Rigden Farm Tract A parcel from M-M-N—Medium Density Mixed-Use Neighborhood District to N-C—
Neighborhood Commercial District.
Relevant City Plan Goals: Our Neighborhood Centers with a mix of retail, office and service uses will
be designed as pedestrian-oriented gathering spaces to reflect the identity, scale, and character of the
surrounding residential neighborhoods, while providing the goods and services necessary to sustain the
neighborhood. Neighborhood Commercial Centers typically contain a grocery store or supermarket.
The appearance and function of these centers will be effectively integrated with the overall street pattern,
design, and scale of the surrounding neighborhood, not segregated from it. They will be located and
designed in a manner that fosters transit service for the Center and surrounding neighborhoods.
Purpose of the N-C Zone District: The Neighborhood Commercial is intended to be a mixed-use
commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose
of the 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. 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.
Current Conditions: The majority of the Rigden Farm Neighborhood Commercial District area has
been developed. The intent of the Neighborhood Commercial District has essentially been realized,with
an existing"neighborhood center" in place and functional. The Shops at Rigden Farm contain a number
of existing businesses, including King Soopers serving as the center's anchor as well as retail, financial,
auto service and fast food restaurants. Development plans are in process for the one of the two
undeveloped N-C parcels and the adjacent M-M-N parcels. These plans include The Center at Rigden
Farm, a commercial project,New Dawn Assisted Living Center and The Brooklyn Park Row Homes. A
vicinity map is attached to this document, illustrating the relative location of the existing and proposed
uses.
Justification: A number of conditions have changed since the initial Rigden Farm Overall Development
Plan was approved in 1999 which justify this rezoning request. The changed conditions include:
1. The initial Overall Development Plan(ODP)designated the following for Neighborhood
Commercial (N-C)uses:
32.09 acres supermarket,pharmacy, offices, retail,multi-family residential
3.17 acres civic block,park, church, day care
An amendment to the ODP was recorded October 28, 2002, designating the following areas for N-
C uses:
23.35 acres neighborhood commercial center, supermarket,pharmacy,offices, retail,
services, restaurants, multi-family residential, or any other use allowed by N-
C zoning
3.17 acres park, church day care,transit center
Page 1 of 4
Rigden Farm Tract A N-C Rezoning Request
The area designated by the October 2002 amended ODP for N-C uses is 8.74 acres less than
designated by the original ODP. The requested Tract A rezoning is approximately 4.5 gross acres.
The proposed Tract A rezoning from M-M-N to N-C, given the October 2002 8.74 acre decrease,
will not increase the N-C zoned area above that originally designated in the Overall Development
Plan.
2. The New Dawn Assisted Living Center 3.9 acre parcel was rezoned from N-C to M-M-N October
2006. In making this change,the City Staff stated that the 3.9 acres was not a significant loss to
the N-C zone district. By the same reasoning,this rezoning request will only result in
approximately 4.5 acres shifted from M-M-N to N-C,which should also be an insignificant impact
to the overall development intent. In fact, a comparison of the net developable area for each
parcel, excluding the adjacent public street right-of-ways and an entry feature parcel reserved on
Tract A for neighborhood signage, shows the net developable change in N-C area resulting from
the New Dawn Assisted Living Center rezone and the proposed Tract A rezone to be negligible:
New Dawn Assisted Living Center Tract A
3.9 gross acres 4.5 gross acres
1.4 acres street ROW 1.3 acres street ROW
0.0 acres entry feature parcel 0.5 acres entry feature parcel
2.5 acres net rezoned N-C to M-M-N 2.7 acres net rezoned M-M-N to N-C
The cumulative changes, including the October 2002 amendment to the ODP,the New Dawn
Assisted Living Center rezoning, and the requested Tract A rezoning,results in a 23%reduction in
N-C area from the original ODP approved in 1999. This reduction in N-C area supports the Tract
A rezoning to replace a portion of the N-C zone area lost since the original ODP.
Original ODP 35.26 acres zoned N-C
October 2002 ODP amendment 26.52 acres zoned N-C
Less New Dawn rezoning 3.90 acres zoned M-M-N from N-C
Plus Tract A requested rezoning 4.50 acres zoned N-C from M-M-N
Current N-C zone area 27.12 acres zoned N-C, a 23% reduction
3. Tract A, known as Parcel D in the Rigden Farm ODP,was originally designated for one of the
following uses: long term care facility, child care facility,or multi-family residential. The intent
for Tract A use was satisfied by the New Dawn Assisted Living Center October 2006 rezoning.
In addition to the requested Tract A rezoning being essentially equivalent in area to the New Dawn
October 2006 rezoning, Tract A rezoning will maintain the balance of designated uses when
considered alongside the New Dawn Assisted Living Center lop term care facility use.
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4. Tract A is the only M-M-N zoned parcel in Rigden Farm that has not sold and closed. All other
M-M-N zoned parcels either have existing businesses or are under development. There is only
one N-C zoned parcel that has not sold and closed. A development application has been submitted
for that parcel(The Center at Rigden Farm), with that parcel currently under contract to close in
2007. A second N-C zoned parcel, located adjacent to the north boundary of The Center at Rigden
Farm, is currently undeveloped.
Page 2 of 4
Rigden Farm Tract A N-C Rezoning Request
Given the orientation of King Soopers with the rear of the building oriented to Drake Road,Custer
Drive has become the defacto primary entrance into The Shops at Rigden Farm,the neighborhood
center. This should have resulted in Tract A becoming one of the initial sites to be developed.
However,market demand has not prevailed in this case, in spite of the location. Rezoning to N-C
will serve to increase the market demand for and usage of this site.
5. Timberline Church was built on the L-M-N zoned property adjacent to the Tract A south property
boundary. The City Plan intent desires that an M-M-N district serve as a buffer between the N-C
district and surrounding lower density residential development. Tract A was initially designed M-
M-N to achieve this desired buffer. In this case, Timberline Church serves that same purpose on
the south property boundary, given places of worship or assembly are permitted uses in both the
L-M-N and M-M-N zone districts and the Timberline Church parking lot is adjacent to Tract A
south property boundary.
The Rigden Farm developer has dedicated 0.5 acres on Tract A's west property boundary as an
entry feature parcel. This parcel is now owned by the Rigden Farm Master Association. With the
exception of the south 30 feet of the west property line,this entry feature parcel ranges from 50
feet in width(west to east)to over 200 feet in width and includes a landscape berm. This parcel,
in combination of Timberline Road, a major arterial, serves to provide a significant buffer for the
residential neighborhood to the west.
The combination of Timberline Church and the entry feature parcel eliminates the need for Tract
A to serve as a buffer between the N-C uses and lower density residential uses.
6. The Shops at Rigden Farm have now defined the neighborhood center, with a presence established
on Illinois Drive. There has been some concern in the past that rezoning Tract A to N-C would
dilute and impact the viability of the commercial town center. While the town center is not fully
in place today, it has been established and the Petitioner does not believe the approximate 2.7 net
acre shift from M-M-N to N-C is of sufficient size to impact the neighborhood center viability.
Combined with the New Dawn Assisted Living Center rezoning from N-C to M-M-N,the net
effect is approximately 0.2 acres, a negligible change in the overall N-C zoned area within Rigden
Farm.
7. A car wash, oil change business and gas pumps have been approved by the City adjacent to Custer
Drive,directly north of this site,resulting in Tract A becoming a marginal residential site. Non-
residential use is more compatible with this intensity of adjacent uses. As the M-M-N zone
district is more restrictive to commercial uses than the N-C zone district,this rezoning will
accelerate the conversion of this vacant parcel into productive use.
8. The city preference is to split zone districts mid-block rather than in the middle of the street.
Rezoning Tract A from M-M-N to N-C satisfies this preference and results in like uses facing like
uses, another City preference.
The Petitioner believes the site would be an excellent restaurant site. The M-M-N zone district does not
support a standard restaurant use. It only permits a limited mixed use restaurant. Per code,a limited
mixed use restaurant shall not exceed 1,500 square feet in gross leasable floor area, must be contained
within or physically abutting a multi-family dwelling, and is clearly subordinate and accessory to a multi-
Page 3 of 4
Rigden Farm Tract A N-C Rezoning Request
family dwelling. Rezoning Tract A to N-C will allow the addition of a restaurant to complement the uses
permitted by either the existing M-M-N or the proposed N-C zoning.
The Petitioner believes the architecture typical of quality restaurants will provide a more inviting entrance
fagade that is more compatible in scale with the surrounding neighborhood than a three-story office
building which is a permitted use within the M-M-N zone district.
The Petitioner does not believe the rezoning will divert a restaurant from one of the internal pad sites.
The internal pad sites are not exposed to the traffic counts desired by the national restauranteurs. If
anything, presence of a quality restaurant on this site will provide more exposure to the businesses
internal to the balance of the site.
Summary: Specific to the findings required in Section 2.9.4(H)of the Fort Collins Land Use Code to
support a rezoning request,the Petitioner believes:
• The request is consistent with the City's Comprehensive Plan as required by Section
2.9.4(H)(2)(a). If the Structure Plan amendment is supported,then the rezoning logically follows.
• Conditions have changed in the neighborhood to warrant the rezoning (Section 2.9.4(H)(2)(b)), as
described earlier in this request. The October 2002 ODP amendment and the October 2006 New
Dawn rezoning removed a total of 12.6 acres from Rigden Farm N-C zoned area. The Tract A
rezoning request will add 4.5 acres to the N-C zone area. The cumulative effect of the changes is
an 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.
• 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. This change in zoning is a logical extension of the zoning from
the north and can be appropriately buffered with a landscape buffer for the uses on the other
property boundaries.
• The rezoning will have no adverse effect on the natural environment as required by Section
2.9.4(H)(3)(b). The same standards for protecting the natural environment will continue to apply.
• The rezoning results in a logical and orderly development pattern, as required by Section
2.9.4(H)(3)(c). 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.
Page 4 of 4
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JANUARV 5,2007
RESOLUTION 2007-037
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S STRUCTURE PLAN MAP
WHEREAS, the City has received an application to rezone certain property located at the
southeast corner of South Timberline Road and Custer Drive; and
WHEREAS,under the rezoning application,known as the"Rigden Farm Tract A Rezoning,"
such property would be rezoned from the Medium Density Mixed-Use(MMN) Zone District to the
Neighborhood Commercial (NC)Zone District; and
WHEREAS,the Council finds that,while the proposed Rigden Farm Tract A Rezoning does
not comply with the present land use designation shown on the City's Structure Plan Map for that
location, it complies with the Principles and Policies of the City's Comprehensive Plan, as well as
the Key Principles of the City's Structure Plan; and
WHEREAS, accordingly,the Council has determined that the proposed Rigden Farm Tract
A Rezoning is in the best interests of the citizens of the City; and
WHEREAS,the Council has further determined that the City's Structure Plan Map should be
amended as shown on Exhibit"A" attached hereto, so that the proposed rezoning will comport with
the City's Comprehensive Plan in its entirety, including the City's Structure Plan Map.
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 Rigden Farm Tract A 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 17th
day of April, A.D. 2007.
Mayor
ATTEST:
City Clerk
CITY OF FORT COLLINS STRUCTURE PLAN `•�
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Mixed-Use
^/ City Limits If Employment District April 17, 2007
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 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 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 on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk