HomeMy WebLinkAboutHARMONY & SHIELDS REVISED REZONING - FIRST READING - 1-06A - REPORTS - RECOMMENDATION/REPORTw
4. THENCE N22°44'24"W, A DISTANCE OF 144.02 FEET;
5. THENCE NO2'35'59"W, A DISTANCE OF 117.22 FEET;
6. THENCE N04°51'21 "E, A DISTANCE OF 211.51 FEET;
THENCE N75'26'30"E, A DISTANCE OF 52.30 FEET;
THENCE N43-10'20"E, A DISTANCE OF 322.00 FEET;
THENCE N27-13'40"E, 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 S76-23'21"E, WITH A
DISTANCE OF 270.57 FEET, TO A POINT OF TANGENCY;
THENCE S89'59'50"E, A DISTANCE OF 153.46 FEET, TO A POINT ON SAID
WESTERLY RIGHT OF WAY;
THENCE S00'00'10"W, ON SAID WESTERLY RIGHT OF WAY A DISTANCE OF
702.98 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 15.42 ACRES.
Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code be, and the same hereby is, changed and amended by showing that the above -described
property is included in the Residential Neighborhood Sign District.
Section S. 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
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 UseNeighborhood 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 MONUMENT-ED 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 "7R ENG 1996 LS 24307", WHICH IS ASSUMED TO
BEAR S00'0010"W.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE -
QUARTER;
THENCE N00'00110"E, ON THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER,
A DISTANCE OF 1403.66 FEET;
THENCE N90'00'00"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT
OF WAY OF SHIELDS STREET, AND THE POINT OF BEGINNING;
THENCE N90'00'00"W, A DISTANCE OF 201.91 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 3205947" AND A RADIUS OF 675.88 FEET, AN ARC LENGTH
OF 389.24 FEET, THE CHORD OF SAID CURVE BEARING S29'26'29"W, WITH A
DISTANCE OF 383.88 FEET, TO A POINT OF NON -TANGENCY;
THENCE S46047' 18"W, A DISTANCE OF 266.20 FEET, TO THE NORTHERLY RIGHT
OF WAY OF WAKEROBIN LANE;
THENCE ON SAID NORTHERLY RIGHT OF WAY THE FOLLOWING TWO (2)
COURSES;
1) THENCE N38'00'07"W, A DISTANCE OF 45.00 FEET, TO A POINT OF
CURVATURE;
2) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID
CURVE HAVING A DELTA OF 22'07'37" AND A RADIUS OF 627.00 FEET,
AN ARC LENGTH OF 242.14 FEET, THE CHORD OF SAID CURVE BEARING
N49'03457"W, WITH A DISTANCE OF 240.64 FEET, TO A POINT ON THE
EASTERLY BOUNDARY OF WESTLAKE P.U.D. SECOND FILING, AND A
POINT OF NON -TANGENCY;
THENCE ON SAID EASTERLY BOUNDARY THE FOLLOWING SIX (6) COURSES:
1. THENCE N13'56'41"E, A DISTANCE OF 109.74 FEET;
2. THENCE N34040'28"E, A DISTANCE OF 109.36 FEET;
3. THENCE N00' 13'44"W, A DISTANCE OF 65.56 FEET;
0
THENCE S89'56'50"W, ON THE SOUTH LINE OF SAID SOUTHEAST ONE -
QUARTER, A DISTANCE -OF 64.91 FEET;
THENCE N00'03'10"W, A DISTANCE OF 59.99 FEET, TO THE NORTHERLY RIGHT
OF WAY OF HARMONY ROAD, AND THE POINT OF BEGINNING;
THENCE S89'56'50"W, ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF
827.82 FEET;
THENCE N00'03'51"W, A DISTANCE OF 411.37 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF ANON -TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 46' 51'02" AND A RADIUS OF 400.00 FEET, AN ARC LENGTH
OF 327.08 FEET, THE CHORD OF SAID CURVE BEARING N23'21'47"E, WITH A
DISTANCE OF 318.04 FEET, TO A POINT OF TANGENCY;
THENCE 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 S38'00'07"E, A DISTANCE OF 53.84 FEET, TO A POINT OF
CURVATURE;
2) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID
CURVE HAVING A DELTA OF 48059'47" AND A RADIUS OF 573.00 FEET,
AN ARC LENGTH OF 490.00 FEET, THE CHORD OF SAID CURVE BEARING
S62'30'00"E, WITH A DISTANCE OF 475.21 FEET, TO A POINT OF NON -
TANGENCY;
3) THENCE N84-39'35"E, A DISTANCE OF 116.88 FEET, TO A POINT OF
CURVATURE;
4) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID
CURVE HAVING A DELTA OF 84139'34" 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 S00900'10"W, ON SAID WESTERLY RIGHT-OF-WAY, A DISTANCE
OF 576.05 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID
CURVE
HAVING A DELTA OF 89'56'40" AND A RADIUS OF 15.00 FEET, AN ARC
LENGTH OF 23.55 FEET, THE CHORD OF SAID CURVE BEARING
S44-58'30"W, WITH A DISTANCE OF 21.20 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 12.58 ACRES.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code be, and the same hereby is, changed and amended by showing that the above -described
property is not included in the Residential Neighborhood Sign District.
ORDINANCE NO. 1619 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE HARMONY AND SHIELDS REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code")
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of
the property which is the subject of this ordinance, and has determined that the said property should
be rezoned as hereafter provided; and
WHEREAS, the Council has further determined that the proposed rezoning is consistent with
the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood
surrounding and including the subject property; and
WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning
against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification from "MMN", Medium Density Mixed Use
Neighborhood Zone District to the "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 24307", WHICH IS ASSUMED TO
BEAR S00'00'10"W,
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34;
�a a CITY OF FORT COLLINS STRUCTURE PLAN
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RESOLUTION 2006-104
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S STRUCTURE PLAN MAP
WHEREAS, the Cityhas received a request for an amendment to the Structure Plan Map and
for rezoning of certain property located along the west side of South Shields Street and north of
Harmony Road, which property is known as the "Harmony and Shields Rezoning"; and
WHEREAS, the Council finds that the proposed zoning for the Harmony and Shields
Rezoning complies with the Principles and Policies of the City's Comprehensive Plan, as well as the
Key Principles of the -City's Structure Plan, but does not comply with the present land use
designation shown on the City's Structure Plan Map for that location; and
WHEREAS, the Council has determined that the proposed Harmony and Shields Rezoning
is in the best interests of the citizens of the City and comports with the City's Comprehensive Plan
except for the City's Structure Plan Map; and
WHEREAS, the Council has further determined that the City's.Structure Plan Map should
be amended as shown on Exhibit "A" attached hereto.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council finds that the existing City Plan Structure Plan Map is
in need of the amendment requested by the applicant for the Harmony and Shields Rezoning.
Section 2. That the City Council finds that the proposed amendment will promote the
public welfare and will be consistent with the vision, goals, principles and policies of City Plan and
the elements thereof.
Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as
shown on Exhibit "A" attached hereto and incorporated herein by this reference.
e
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of October, A.D. 2006.
Mayor
ATTEST:
City Clerk
Planning and Zoning Board Minutes
September 21, 2006
Page 29
Predictability is absolutely what City Plan was hoping to provide for in 1997, but it was
never meant to be etched in stone. He does think that things change and again
substantially we are not putting a sporting goods store in there, it is a grocery store and
it is 500 feet difference. He is hearing some compelling arguments that there is nothing
going to be there, at least from this developer, if we don't grant it 500 feet to the south
and that is a huge argument for him.
The motion was approved 6-1 with Member Stockover voting in the negative.
Member Schmidt moved to recommend approval of the Harmony and Shields
rezoning, #1-06A based on the, Facts and Findings in the staff report on page 11,
4b.
Member Fries seconded the motion.
The motion was approved 6-1 with Member Stockover voting in the negative.
( Planning and Zoning Board Minutes
September 21, 2006
Page 28
of issues there that wouldn't be associated with a national chain. The one thing that
weighs heavily is there a need for a grocery store because it would already be mid
block. One thing that is holding him back is he does not think there is a need for a
grocery store because there are a lot of grocery stores in the area. He does think that a
grocery store would work better on the corner than mid block. With all that said, not
feeling the need for a grocery store, he would be going with the neighbors on
predictability.
Member Schmidt commented that looking up the Neighborhood Commercial in the Land
Use Code and it says that "the Neighborhood Commercial District is intended to be a
mixed use commercial core anchored by a supermarket or a grocery store and a transit
stop" so right at the very description of Neighborhood Commercial it talks about
supermarkets, not just grocery stores. That option has always been there for this kind
of a zoning district and so that is why she knows that although the neighborhood was
counting on it being a very small store, there was never any guarantee about that and if
somebody wanted to, they could still put a supermarket size store on the mid block,
She agree with certain. aspects of the predictability issue, he worry is that some of these
plan are developed and they don't get changed very often and things do change and
are we going to be stuck in a mode where what we approved in 1980 we want to keep
that because we want to be predictable. She thinks there are times where we have to
make some changes and decide what is the best in a different environment. She is not
saying that the corner necessarily is, but she does not think we can hang our hat on that
to totally stop things from changing when there is a better option.
Member Smith thought the intended uses and intent for the property obviously revolves
around the grocery store. He believes that with the best information they have been
given is that the conditions have changed for that subject property. He also believes
what he has heard about the traffic and the cut throughs on Wakerobin and Troutman
being decreased by this proposed change is something good. The cut throughs would
be decreased by moving the shopping center to the south. He also thinks that the
buffer between the current Neighborhood Commercial and the residential is inadequate
and would be enhanced by moving it to the south. He would be supporting the motion.
Member Fries added that on the predictability issue, he recalled watching the City
Council meeting last time this issue was addressed. If he rembered correctly,
predictability was definitely a huge part of their decision making process. What he
would add to that is that he would certainly use the predictability argument if we were
talking about a substantial change in zoning that now it is not a grocery store, but it is an
office building four stories high. The fact that we are talking about moving something
500 feet without a site plan, we don't know what it is going to look like and nobody knew
what it was going to look like when they moved in and bought their property, they simply
knew that there is a section of ground and it is zoned MMN and it is zoned with NC.
l Planning and Zoning Board Minutes
September 21, 2006
Page 27
right at the moment there will be a neighborhood surrounding this which is the MMN and
there are going to be more houses there which will add more traffic to the area and she
thought there was a need in that area because of that for a grocery store. Whether you
want to debate whether it could go on the corner or in the middle, you can only go on
what people are telling them at this point in time. As Mr. Waido pointed out we do make
quite a few changes to the Structure Plan within a certain amount of predictability, it is
not like we are changing the zoning from what is here to highway industrial. That would
be a very major unpredictable kind of change. At this point she can't see anything
compelling as to why it would not work on the corner any differently than where it is.
Her personal feeling is that there is going to be more buffering to the surrounding
neighborhoods that currently exist and also better ability to buffer the drainage and open
space with commercial than you would with multi -family. She would support the motion.
Chairperson Lingle did not understand why the neighborhood that is immediately to the
west would not rather be buffered by the MMN land than be directly adjacent to the NC
where there could be loading docks and who knows what across their backyard fence.
It seems like it would be much more logical to have that -kind of mixed use buffer
between them and whatever might happen with a neighborhood center. The consistent
objection to that being rezoned and moved. On the other hand he can fully understand
the Westbury neighborhood why they feel they are being infringed upon by all of a
sudden having something that was either MMN or a natural area buffer suddenly being
a Commercial Center directly across the street. He thought that the neighborhood has
made a much more cohesive and compelling argument for some reason than last March
in terms of some of their arguments. He can see where the mid block location makes
more sense to him in terms of possible northbound movements on Shields without
going through whatever might be developed in the MMN zone and how that might be
configured, it is just a more direct route. It also from what Mr. Waido said that it is more
supportive of City Plan in terms of having two potential collector connections into the
neighborhood as opposed to one. Part of his reservation is that he is impressed by the
development team that is being presented tonight, however the rezoning and the
Structure Plan amendment are not tied to whatever might be brought forward. He is a
little uncomfortable with some of the things that he has heard tonight forwarding a
unanimous recommendation to City. Council, he thought that might be a little
irresponsible of the Board. He does not know what one vote means, but he thought
they should be responsive to what they are hearing from the neighborhood.
Member Stockover echoed the very tough decision. He is a very growth oriented
person, he was born and raised in Fort Collins and Fort Collins has been very good to
him. Growth paved a lot of that way. The thing in the back of his mind is still
predictability and he thinks that is very important. He would love to see the housing on
that property and drives by it all the time and wonders why no body has developed it.
He hates to use Steele's as a mid block that failed because he thought there were a lot
Planning and Zoning Board Minutes
September 21, 2006
Page 26
Mr. Markel replied that they have approached some of the grocers directly. They were
introduced to Regency by a local person. There is another major commercial
developer, Pace Properties out of the St. Louis area and they have not given him a
letter of intent and he wanted to work with Regency.
Member Schmidt was wondering about the statement that if it stays in the middle of the
block the project won't happen, did he think that he would pursue looking at other
people who would interested in developing.
Mr. Markel replied that what they have spoken to is that Regency is the largest grocery
anchored companies in the nation. He thinks they know their business. Peter Calthorp
is one of the most renowned planners and has written seven books. When he has
Peter Calthorp and Regency telling him certain information he thought it was too much
of a risk for him to lose a high quality partner to move ahead in some kind of darkness
thing.
Member Fries echoed the comments by Mr. Butzek that this is a tough one. He
appreciated all of the effort from the neighborhood and their comments. Where he is at
with this at the present time is that several months ago the Board unanimously voted for
a recommendation to City Council and he has heard nothing compelling to cause him to
change his position. He restates the position in listening to the traffic experts based on
some of the concerns in the neighborhood are, are they are legitimate concerns, that
the traffic does not substantially change at the major intersection of Shields and
Harmony regardless of the position of where the Neighborhood Commercial is. He
would like to think that the decisions made by this Board are not economically driven,
however looking at it, he thinks the neighborhood is much better off with the grocery
store a couple blocks away. He has a tough time understanding why, when the
developer says that chances are that we are not going to develop this in the middle of
the block that we are not trying to work together to figure out some way to mitigate the
concerns with the commercial on the corner. He thinks it is a loss to the city, obviously
economically, but most importantly it is a loss to the neighborhood that they are not
going to have a grocery store there. Traffic generation in his opinion — homes generate
traffic not commercial. They all have to drive through that intersection everyday
anyway. Weighing those things when it comes down again to a tough decision, and it
was going to be as popular as the first time, he would be supporting the motion to
amend the Structure Plan.
Member Schmidt also appreciated all the comments and she tried looking at this
starting all over from scratch. She feels like the comments as far as the changing of the
zoning warranted by changed conditions within the neighborhood surrounding and
including the subject property, she thought that conditions have changed for this subject
property. When talking about changed conditions in the neighborhood surrounding and
Planning and Zoning Board Minutes
September 21, 2006
Page 25
welfare. If we are saying at this point that we could not find one that will function at the
middle of the block, then in essence it benefits us to move it to the corner to promote
that public welfare. It is hard without seeing site plans because she looks at what is out
there and she sees that it is nice to have the signalized intersection at Troutman, but
just because the commercial is at the other corner does not mean there would not be a
road that connects up to Troutman so people can still use that connection.
Member Rollins asked once Harmony is widened to four lanes and say this rezone is
approved what kind of landscape and buffer would there be for the residential area to
the south (Westbury) on the north side of Harmony.
Director Gloss replied that there would be the standard for street tree placement along
the street. Obviously building placement is going to buffer some of the noise, light and
other uses because we have a build to line requirement for some of the buildings that
would be there. If you have parking lots with side loaded buildings, the parking lots
have to be screened. We do have minimum screen requirements for the perimeter of
the parking lot and internal to the parking lot there is extensive landscape requirements
to break up the large horizontal plane so you get a tree canopy. In addition, we have
some natural habitat that has to be protected along the south side of the property. .
There will be buffers from those resources which would create a greater green swath.
There are drainage requirements and the Mail Creek drainage generally comes through
this area, it has modified extensively over the years, but they will have to address the
drainage issue. With additional development they are going to have to provide on site
detention and water quality improvements and with that there will be additional green
space added. Given the topography out there you would put some of that on the south
side of the site closer to Harmony Road. All of those things in conjunction help to
provide that separation between the roadway and the development.
Member Schmidt.asked about the large drainage basin and how much land would be
lost use wise based on having to mitigate certain factors in that area.
Director Gloss replied it was hard to say. The drainage basin does go from the
northwest corner along the frontage to the southeast, and that is the natural drainage
flow. To minimize disruption to any type of habitat that are there that would minimize
grading and that would have to be addressed, but to say exact square footage it would
be difficult to say. If you look at the Community College there are buildings that go
through the green swath.
Member Schmidt asked Mr. Markel if given the fact that Regency has not developed
anything in the Fort Collins area, who were the other major supermarket developers and
has he talked to any of them about their interest in working with them on this property.
Planning and Zoning Board Minutes
September 21, 2006
Page 24
Member Fries asked in the NC District a 45,000 s.f. grocery store could be done as a
Type 1 Administrative Hearing.
Director Gloss replied thatwas correct.
Member Fries asked if it was correct that a supermarket size which would be over.
45,000 s.f. would come before the Planning and Zoning Board as a Type 2 review.
Director Gloss replied that was correct.
Member Fries asked if that was regardless of whether if was at the corner of mid block.
Director Gloss replied yes.
Member Rollins asked Director Gloss to define "changed conditions."
Director Gloss replied that from 1981 when this property was first Master Planned
clearly there is a change in conditions in traffic volumes in the area, information that has
been provided to the staff that indicate that from a market standpoint that the visibility
and exposure based on the location is important for the economic viability of the center.
That goes hand in hand with the notion of changed conditions from 1981 to present.
Member Schmidt moved that the Planning and Zoning Board recommend
approval of the Structure Plan Amendment based on the Facts and Findings on
page 7 and paragraph 4a on page 11 of the staff report.
Member Meyer seconded the motion.
Member Schmidt asked if Regency ever considers shopping areas with smaller
shopping stores.
Mr. Leftwich replied yes and they have done developments with smaller stores.
Member Schmidt asked where other stores were located from this area besides the
Harmony and College store.
Director Gloss replied that there was an Albertson's at the corner of College and
Horsetooth which is about 2 miles north of the College and Harmony intersection.
Member Schmidt explained that if they wanted to talk about promoting the public
welfare in being consistent with City Plan, having grocery or commercial supermarkets
in the neighborhoods is something that could be considered contributing to the public
C
Planning and Zoning Board Minutes
September 21, 2006
Page 23
Regency is not interested in a mid block location as they have found that historically that
they are not as viable, successful properties as those that are located on the corner.
There are exceptions to every rule and to say that a center cannot function in the mid
block would be misleading and wrong, but to say that given these circumstances in this
neighborhood at this location — he knows that Regency is not interested in a mid block
location and he did not think the center would not be as viable at mid block.
Mr. Markel added that when he first put the property under contract he brought Peter
Calthorp out to be a consultant on this property. When visiting this site Mr. Calthorp
asked what the possibility of getting the commercial from mid block to the corner. He
thought that was the first thing that should be done with this property. He was involved
with the development of City Plan and it was his recommendation that happen for the
success of this site.
Member Schmidt asked if there was a goal in mind when the improvements at Harmony
and Shields are made and what was the expected level of traffic service.
Mr. Bracke replied immediately it would go to B and C. In the long term it is expected to
maintain a level of service D. Right now it is at level of service F and it is one of the
highest accident locations in town.
Member Schmidt asked if the accidents happen at the intersection or at mid block.
Mr. Bracke replied that almost all accidents happen at intersections with traffic signals.
Member Schmidt asked what he felt about the traffic signal at Troutman and the impacts
if the shopping stayed in the area it is. Would that intersection be able to handle that
type of level of service.
Mr. Bracke replied he did not see why it couldn't. It would be a collector arterial
intersection signalized and with good recirculation back to it, it should function properly.
Member Fries asked what the square footage of the Wal-Mart Superstore.
Director Gloss replied right around 200,000 s.f.
Member Fries referred to comments made that a Wal-Mart was going in on this corner
and that was like football and baseball.
Member Schmidt thought they were referring to the one at College and Harmony.
Director Gloss did not recall that square footage.
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Planning and Zoning Board Minutes
September 21, 2006
Page 22
Chairperson Lingle said it sounds like the placement of this was not necessarily driven
by it being a better location to philosophically support City Plan Principles as it was that
there was already approved under the Land Development Guidance System in this
location and it was just identified in the rezoning process to place it there.
Planner Waido replied that it afforded the collector street access both through Troutman
and also Wakerobin. Those things combined with the fact that there was an approved
plan on the location.
Chairperson Lingle asked Planner Waido to speak about predictability. He stated on of
the complaints of the LDGS was that it was not predictable for the neighborhood. That
was one of the goals of City Plan to provide more predictability. Is there an issue with
this particular one in terms of that.
Planner Waido replied that he was correct from both a neighborhood perspective and
the developer's perspective. One of major criticisms of the old Land Development
Guidance System was that it was felt that there was no predictability and what he meant
by that is that neighborhood groups when they would come in and ask what can happen
on this vacant piece of property staff told them that we could not give them an exact
answer, but there were a range of uses that could potentially happen. We would go
through the neighborhood review process, the development review process and involve
the neighborhoods with required neighborhood meetings. Developer's were also
concerned that they did not have the classic zoning where there were a list of permitted
uses and they knew they did not have to fight the land use battle when they had a
classic zoning thing.
Planner Waido reported that the NC district many of the other zoning districts retain
mixed uses. They are not totally commercial, they are not totally residential. The MMN
has some non residential uses, and some commercial and office uses permitted in it.
The NC zone also permits residential uses. There are buffering requirements in the
Land Use Code, so when a development plan comes in, that buffering could be
addressed through a land use transition from a high intensity to lower intensity uses
through a more moderate intensity use, or it could be done through set backs,
landscaping, building placement, architectural design and there is different ways to deal
with compatibility.
Chairperson Lingle asked about the comments made about the location of a
Commercial Center on a corner or mid -block and what the issues might be.
Mr. Leftwich wanted to clarify that there has not been a formal letter of intent from any
grocer. There has been an expression of interest to the extent that they have said
Safeway. There could be other viable options for this site as well. He knows that
Planning and Zoning Board Minutes
September 21, 2006
Page 21
rezoning is just the classic requirement and that is why this particular rezoning request
is in conjunction with a recommended change to the Structure Plan. What is the most
important thing is to have a Neighborhood Center with an access through a collective
street to the neighborhood. In both options there is that option with Wakerobin being a
good example even though it may not be the classic definition of collector street in
terms of volumes, it is a collector street into the neighborhood and offers a very good
access. Long standing is that staff recognizes that an arterial location is important for
marketing, capturing of traffic but neighborhood access through a collector street is also
very important for Neighborhood Centers.
Member Schmidt asked given all the things Mr. Waido just said, why on the Structure
Plan Map was this Neighborhood Commercial put in the middle of the block.
Planner Waido replied that if followed the plan that was done in the early 1980's that
was done under a completely different system when we were looking at locating
Neighborhood Centers. There had already been a project through that go approval and
staff just utilized that particular location to put the "red dot" on the Structure Plan Map in
1997.
Member Schmidt asked how often do we as a city amend the Structure Plan Map.
Planner Waido replied that staff is committed to reviewing the policies in City Plan that
at a minimum of every 5 years we will do a comprehensive review of the
Comprehensive Plan. The Structure Plan being a component of that does not
necessarily mean that we are going to change the Structure Plan every 5 years, but
staff will evaluate the various policies and components of City Plan and where
"tweaking" or new sections are needed those will be addressed in the update process.
Member Schmidt asked about recent changes that had to do with the Fossil Creek area
and amending the Structure Plan and that changes do happen and are not uncommon.
Planner Waido replied that changing the Structure Plan is not uncommon and the
example she gave was due to a Sub Area Plan. We have a number of Sub Area Plans
that have been done in the past, there are some in their work program to be done in the
next year or two and as a result of sub area planning processes those could amend the
Structure Plan.
Member Schmidt asked if this area was in any Sub Area Plan.
Planner Waido replied no.
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( Planning and Zoning Board Minutes
September 21, 2006_
Page 20
grocery store based bound traffic because they are going through this intersection
anyway to get to the other grocery stores. If anything it will cut them off and reduce the
VMT's to the other grocery stores.
Chairperson Lingle asked Director Gloss to address the comments concerning the
Comprehensive Plan and staffs evaluation of that.
Director Gloss replied that he would like Ken Waido from the Advanced Planning
Department to come up and talk about the history the Structure Plan designations on
the Structure Plan Map.
Ken Waido, Chief Planner responded that when City Plan was adopted, we were
making somewhat of a philosophical shift in the way the community was being planned.
One of the consistent policies in City Plan really existed since the late 1970's when we
did the Land Use Policies Plan in 1979. That was to really encourage creation of
Neighborhood Shopping Centers and now they have different names being
Neighborhood Commercial Centers. The idea was to get grocery based shopping
centers that served the daily goods and services of residential areas out into residential
neighborhoods. City Plan began to support those with higher density multi -family
housing. In one case, the residential component was looked at as a buffer, but we also
recognized that through the design criteria in our Land Use Code, which carried over
from the previous Land Development Guidance System, that this community had
accepted a long time ago that we did not need the classic low density to medium
density to office building to commercial to be that type of buffering. That buffering could
be done through design. There are many cases in the city where we have uses that
typically would not locate next to each other. We have single family housing next to
industrial uses in the city and the reason they work is because of the design of the
industrial uses, Woodward Governor and Hewlett Packard being the industrial
examples.
In City Plan. Neighborhood Centers are in the Medium Density Mixed Use Neighborhood
section of City Plan. When staff started to look at zoning, it was discussed whether we
actually rezone, or do we have areas designated Commercial or Neighborhood
Commercial. They are such an important component of the structure that staff said that
we need to have Neighborhood Centers designated on our plan and general location
was initially done with circles. Unfortunately, the City Attorney did not like the idea of
circular zoning districts on our map, so we had to use property boundaries or other
geographic features to designate and rezone properties. Its so very important that
again, in the Structure Plan and the idea of our commercial hierarchies of getting people
out of their vehicles, or if they are in a vehicle, to minimize the utilization of that vehicle
so they have immediate access to a Neighborhood Center is why we have put these,
things our into the neighborhoods. Consistency with the Comprehensive Plan for
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September 21, 2006
Page 19
Fort Collins, positive for the developer and he does not mind the developer making
money just not at the expense of the neighborhood.
PUBLIC INPUT CLOSED
Chairperson Lingle asked Mr. Delich to come up and address the current zoning
configuration and that it would allow potentially a greater movement at Troutman
Parkway extension that might be signalized or not on Shields, where moving it away
from Troutman eliminates that possibility.
Mr. Delich replied that it would allow movement in from Shields from the north bound
direction that would be the only signal north of the Harmony and Shields signal. There
would potentially be a limited turn access at this location that Mr. Bracke referred to as a
three quarter access. A definition of that would be a right -in right -out, left in. This signal
at this location would give the opportunity for someone to get out and go to the north
with a signalized intersection. Assuming there will be a signal at this intersection, there
will be a collector street that would still allow you to get to the signalized intersection
and afford the opportunity to go north at a signalized intersection. What he talked about
earlier is that the location at the corner would cause less neighborhood impact
essentially at the schools because people would approach the site from the west on
Harmony rather than cut through the neighborhood, where as with the location mid
block it would be shorter and more direct to cut through the neighborhood on Silvergate
or Seneca.
Chairperson Lingle asked about the comments made about Wakerobin not continuing
through.
Mr. Delich replied that has not been decided. They would need a plan to determine that
and right now Wakerobin exists and if a plan were developed that would terminate
within the center that would be evaluated in a transportation impact study and come
before the Board and would have to get through city staff. He thought that it was
premature to even think that.
Chairperson Lingle asked from the two options would there be any difference in the
actual traffic count at the intersection of Harmony and Shields.
Mr. Delich replied again he was shooting from the hip because there has not been a
traffic study because there is no plan to evaluate. According to the Land Use Code a
traffic study is not required at this level, it is just a rezoning. He did not think the actual
traffic at the intersection itself will change very. much. What will happen is that all the
people who live in this area and points south probably travel through this intersection to
get to other grocery stores, so we won't be introducing per se a lot of new traffic that are
Planning and Zoning Board Minutes
September 21, 2006
Page 18
to provide that kind of predictability for them because it is very valuable. Obviously they
are very concerned about this change. He wanted to speak to the position that this
supermarket needs to be located on the corner. Do you shop at a supermarket
because it is on the corner? There is nothing magic about a corner. If you look at the
research that speaks to grocery store and supermarket patronage it is not surprising
what it says. You go to a grocery store because of the quality of the goods, the variety
of the goods, they shopping ambience, the service quality, the comparative prices of
goods and services and finally the accessibility of the store relative to competitive
outlets. Those are the main predictors. He is a Professor of Marketing at CSU and he
looked up the research. Think about the accessibility to this store if the zoning is
changes. He thinks the accessibility is going to be hurt by the rezoning and that is the
real irony of the request. He encouraged the Board to deny the request.
Shane Miller, 4325 Mill Creek Court stated that he did not think that his property value
will be affected by the rezoning. He went to the initial neighborhood meeting with
Markel Builders and he does like it the way it is now, but he does not own it. He likes
the drawings of the plan and he listened to the issues and gave it a lot of thought and
these were his conclusions. Rezoning arbitrarily reallocates value from one group of
homeowners and awards it to another ignoring the principle of predictability: He wanted
to point out the current owners and seller of the parcel in question has exactly the
zoning he purchased. Now to rezone it he may be enriched, but this would allocate
value from people who bought with a Commercial Center behind them and take it from
people who bought with a Commercial Center 500 feet away buffered by housing. It
encourages greater use of residential streets to the west as alternate routes for car
traffic right by the schools, parks and. ball fields which already experience periodic
congestion with lots playing kids. That is Seneca and Regency which will not be
widened and when you come out of the rezoned area and you cannot turn left onto
Shields, you are going to make two rights. Would you turn left onto Harmony so you
can turn left onto Shields so you can wait for the lights on Shields or would you go up to
Seneca and Regency. It is obvious.
It replaces a natural drainage area with non permeable parking and structures. Normal
flow can be diverted but that is not what happened in 1997 and remembering the check
from the city when your basement was full of water. You are not supposed to be
building, according to City Plan on natural storm drainage areas non permeable parking
structures. The grades, aesthetics and character of the neighborhood, which are better
served by a Neighborhood Center mid block maintains a current view corridor from
Harmony Library and Front Range Community College all the way back to the foothills
and Horsetooth rock. A cities natural character and beauty might be preserved by
careful planning, ugly has nine lives and it is hard to take down. Conflicts with existing
uses, the city staffs position that a commercial use is a buffer for the adjacent wetlands
overlooks the fact that there will be residences against it either way. It is negative for
Planning and Zoning Board Minutes
September 21, 2006
Page 17
Karen Miller, 4325 Mill Creek Court stated that mandatory requirements for quasi-
judicial rezoning require that the proposal is consistent with the city's Comprehensive
Plan and warranted by changed conditions within the neighborhood surrounding and
including the subject property. This proposal was declined in April because it clearly did
not meet those conditions. The current proposal is identical except it involves a store
that is prohibitory large at 60,000 s.f. for the NC zoning in either location. Section
4.19(B)(2)(c)(4) states "permitted commercial usage to include a grocery store up to
45,000 s.f." anything larger requires a Planning and Zoning Board approval after the fact
but certainly should not be presumed and most definitely in keeping with the existing
neighborhood that was developed with the intent and infrastructure to accommodate a
Neighborhood Center with an anchor up to 45,000 s.f. as originally designed. There are
two very disturbing aspects to the city staff report. First is the ascertain that commercial
uses are more efficiently accessed at the corner of two arterials as opposed to in the
middle of the property. While this may be true for a true commercial zone, the City Plan
clearly states that "land use boundaries and density changes in the Neighborhood
Commercial zone district shall occur at mid block locations to the maximum extent
feasible rather than at streets." In this case it is clearly preferable as the entire area has
been well established upon that design.
Secondly there must be changed conditions within the neighborhood itself to warrant
such a change. Nothing in this neighborhood has changed what so ever in many years.
The four issues mentioned in the staff report relate only to the lack of availability of other
properties in Fort Collins and the lack of availability of other supermarkets to purchase
this property; and most disturbingly states that Safeway is the only potential
supermarket for this location and they won't locate here unless it is at the corner. These
are not changes to the neighborhood itself and clearly do not meet the requirement of
changes conditions. We cannot allow this type of spot rezoning to occur solely to
benefit commercial interest and blatant disregard of our own policies and vision for our
city. Terming this smart growth is absurd aside from the traffic and safety nightmares it
would create the issue of predictability for property owners in the surrounding are
cannot be ignored. Smart growth would be to infill that utilizes the existing infrastructure
and the new Troutman extension that can carry the bulk of new traffic to an area more
appropriate in its current location. Please consider the community goals in City Plan
that state that existing residential neighborhoods will be protected against development
that is incompatible with community goals and needs.
Ken Manning, 1219 Mariposa Court stated that he sees many neighbors in his area that
are not coming up to the podium and he wanted a chance for them to express
themselves. He asked that all those who are not in favor of this rezoning to stand. He
sated that he moved into his neighborhood 8 years ago and thought that Fort Collins
was growing at a very rapid rate and that is the smart thing to do. You want to know
what is going to happen next to you and he appreciated that there is a City Plan in place
Planning and Zoning Board Minutes
September 21, 2006
Page 16
Dragons Lair wetlands. All their concerns will be mitigated by rejecting this rezoning
request and by strongly recommending that the developer place a responsibly sized
less than Wal-Mart size development at the originally zoned location.
Jane Romero, 1420 Nunn Creek Court stated that everyone here speaking tonight really
appreciated the Board listening to them tonight on the second time going. She asked
the Board to please consider the following before voting. Two schools are just west of
this proposed site. One an elementary school and one a Jr. High School and literally
dozens and dozens of children cross over Shields Street to go to these schools. She
lives by both of these schools and she sees them daily. Traffic is horrendous as they
know if you have been through the intersection of Harmony ad Shields. She wanted to
note that the number of students at Front Range Community College is 3,384 and they
have a 31 % projected growth rate over the next five years and that is at that intersection
as well. Many accidents occur at this intersection. Even with the expansion of
Harmony, this city cannot afford to allow the traffic flow to increase especially where
children walk to and from school. Most tax paying residents who live in this
neighborhood are against the rezoning. She asked again to consider four things. The
traffic issue at hand, the enormous center would change their neighborhood
tremendously, as well as changing the character and title of Fort Collins being the best
place to live. Three, when they purchased their homes they new of the existing zoning
and they did not want the land zoning changed because their property values will go
down. Four, please do not forget the children and the importance of their safety.
James Butzek, 302 Peyton Drive stated he is not a resident of the area being
questioned, but he works across the corner of where this is. He is not here representing
Front Range Community College because he would not choose to do that. The last
speaker, he would hate to correct, but there are not 3, 300 students at Front Range,
there is 5,200 students not counting the 400 High School students that are there daily.
Add that with the employees, they push about 6,000 students that are there weekly. He
has no idea how many people are at the Harmony Library. He does not know what to
do and is not here to make a stand one way or the other. He is not an anti growth
person and he is not a pro growth person. He understands the benefits of any type of
business for our community. His concern is simply one thing and that is traffic. They
have been waiting at Front Range for the Harmony and Shields to be fixed for years.
He would be happy if he would have heard tonight that it was going to be six lanes,
three lanes in each direction because that might fix the traffic they currently have. One
resident talked about the traffic backing up to her home. He can't tell the Board how far
the traffic is backed up on Harmony trying to get into the campus. He cannot exit on
Shields when he leaves work taking a left. It is impossible. Yes they would like to get a
stop light there. The concern is that we are going to be going through a construction on
Harmony and should we not wait to see if the Harmony widening takes care of the
'current problem with traffic before we begin to perhaps increase that traffic problem.
Planning and Zoning Board Minutes
September 21, 2006
Page 15
community or increase reliance on automobiles and asked the Board to vote no on the
rezoning.
Ed Kirchoff, 1403 Nunn Creek Court wanted to make comments on the staff report in
particular the warranted changed conditions within the neighborhood surrounding and
including the subject property. He views this whole section as fiction. "The availability
of properties to locate a supermarket in the area has changed." The area of Fort Collins
has not changed and nothing else has changed. It was six months ago that the
Planning and Zoning Board heard that.amendment to the zoning map and should be
recommended for approval only if the proposed amendment is warranted by changed
conditions within the neighborhood. The things we are talking about in here are
.business things having to do with how Safeway has changed and the other grocery
stores have changed. In has nothing to do with what has changed in and around the
neighborhood. He admits that this is something to read and then discard because it has
no bearing on the situation.
Mr. Kirchoff hoped that the Board does not take that seriously. He would also. like to
point out a little fiction in grocery stores only making it on corners. We have Whole
Foods, Sunshine Market, Wild Oats, and Safeway on Harmony; we have a new one
coming in on Prospect and Shields all in the middle of the block. Five stores and four of
them are already making it very well. In closing he would like to say that they bought
their house knowing that they would have NC in the center. The city of Fort Collins
needs to stand up and honor its commitments to the citizens in Westbrooke, Westbury
and leave this NC where it is. Rezoning will turn it into a Regional Center with the
addition of a Wal-Mart type lifestyle center. Fort Collins did not rate number one in
Money because of big box stores but because of the hometown business atmosphere.
The corporation is not going to be looking very favorably upon hometown businesses,
they are going to be looking at Taco Bell, McDonald's and stuff like that. That is what
we are going to get and that is not what they want. They don't want this center and they
don't need Safeway, send them packing please.
Marilyn Kirchoff; 1403 Nunn Creek Court stated that Mr. Gloss told the Board at the
worksession that their neighborhood has behaving in an uncivil manor toward those
who are in favor of this issue. He failed to inform the Board that at the August 14t'
neighborhood meeting, the Safeway representative, Mr. Garlick behaved in a very
uncivil fashion toward their neighborhood. She did not get the impression that Safeway
is trying to be a good neighbor. Their emotions are high in regard to this issue because
they live in this area. Therefore they understand how this rezoning will lower their
quality of life. They purchased their homes knowing how the area would be developed
and suddenly they are being told that they must accept a larger anchor store in a
different location that will bring them traffic and safety problems, lower property values
and compatibility with an already existing neighborhood and infringement on the
Planning and Zoning Board Minutes
September 21, 2006
Page 14
their neighborhood past two schools and elementary and Jr. High until they find a signal
light to help them make their left turn. By placing the Neighborhood Center at the
corner, you move it further away from the people who might walk to it. Don't expect
people from Westbury or across Shields to walk to this, they would be risking their lives.
These are busy arterial streets and they are dangerous even with sidewalks. By moving
it to the corner it becomes more of a Regional Center rather than a Neighborhood
Center. It becomes distanced from the neighborhood and is obviously intended to
attract and deter shoppers from other areas. So much for cutting down on the goal of
driving distances and urged the Board to vote against the rezoning.
Glen Colton, 625 Hinsdale Drive stated that he was a member of the Planning and
Zoning Board from 1996 to 2003 so he was around when some of the changes were
made from the old system to the new system. He wanted to remind the Board that they
are only to recommend approval of the zoning change if the proposed amendment is
consistent with the city's Comprehensive Plan and/or warranted by changed conditions
of the neighborhood surrounding and including the subject property. He would contend
that it does not meet either one of these criteria. Prior to 1997 we had a system known
as the LDGS which basically allowed anything to go anywhere with appropriate
buffering. Many of our grocery stores at arterials were done at that point in time. In
1997 we changed to a much more prescriptive but predictable system to give both
predictability to the neighbors who were buying properties so they would know what was
coming into that area next to them as well as the developers who when they bought the
property would know if they met the rules for that zoning that they would be able to get
their property approved. This is something that both sides wanted.
At the same time we changed our Structure Plan and the zoning it was recognized that
having neighborhood commercial on major arterials was not the right model. That was
the old model. In fact the one here was supposed to be a guide for new development
within Fort Collins because there are many parts of the Comprehensive Plan that talk
about getting away from having them on arterials. The vision is getting away from
dependence on the automobile and be integrated into neighborhoods, not segregated
from them. The zoning in the middle integrates it more into the entire block to the west
and it would give easier access in off of Troutman and instead is now be segregated.
That is against Policies MMN3, MMN3:2 and is against the vision of City Plan and he
believed that this is against more elements of the Comprehensive Plan than being
consistent with the Comprehensive Plan. Again, this is not consistent with many
elements, it destroys trust between the city and the neighbors that have relied on the
Structure Plan and zoning in deciding where to live and the bottom line is is the city
really committed to having Neighborhood Shopping Centers serving neighborhoods,
decrease VMT's or are they going to turn Neighborhood Shopping Centers into
Community Shopping Centers to meet the demands of developers who want to build
increasingly larger supermarkets. Will we walk the talk of having a walkable bikable
Planning and Zoning Board Minutes
September 21, 2006
Page 13
light at Shields. These are people that are heading east on Harmony. Even with
expanding the roadway, even with turn lanes she did not see that additional traffic,
noise, light pollution, delivery trucks coming to a supermarket and every other store that
might be in this area would be advantageous to this area. This is a quiet family
neighborhood and they expect other like areas to be there. The MMN designation that
is in that area now allows for some commercial development that would be appropriate
for this area. It would be more in.fitting with the type of neighborhood that is there. A
commercial development of this size is not appropriate in this area and she encouraged
the Board to vote against this.
Jeni Makinen, 4306 Westbrook Court stated that she has been in the neighborhood
since 1992. They purchased their house before the road was even developed and they
were aware of the zoning at the future Troutman intersection. They will have a view of
that from their backyard. She is concerned about the rezoning because of the traffic.
Even though there are plans to expand Harmony and Shields she thinks that will just
increase the volume and that moving and thinking that people are going to stop on their
way to Loveland to shop and increase out tax revenue in our city is unrealistic. They
are not going to let one car in on a red light turning right from Wakerobin. People are
moving along and once you are on Shields and have a space it will not be given up..
She is also concerned that there will not be a light and the closing of Wakerobin not
having any access to her neighborhood and people turning left into the Neighborhood
Center off of Harmony without a light. She thinks that the volume on Harmony will give
limited opportunities to "dart" into the shopping area without a light. She thought we
would be better off leaving it at the intersection that will have a light at sometime.
Desiree Williams, 4331 Mill Creek Court visually showed a map which showed the
Neighborhood Center at its currently zoned location. Next she showed a slide of the
Troutman extension shown with a light at Shields and stated that this was a generous
half mile from Harmony and Shields intersection. With a signal light, shoppers have no
trouble entering or exiting this center. People from the neighborhood can comfortably
and safely walk along Troutman and Wakerobin to enter the center since it is supposed
to be pedestrian friendly and people in vehicles have no need to head back through the
neighborhood to find a way out. Next slide shows the proposed zoning and Ms.
Williams explains the "chaos" that occurs when the center moves to the corner of one of
the most dangerous and crowded intersections in Fort Collins. Why do this when the
traffic situation at mid block is a marvel of simplicity. At the comer we already have
excessive congestion and frequent accidents. Not so at mid block. At the corner we
also have a dream left situation. In other words there is no easy way to get out of the
center and back onto Shields going north or on Harmony going east. Both Wakerobin
and Westbury roads are closer than '/< mile to the intersection. Placing traffic lights at
these roads is insane and Front Range Community College is not allowed a signal at
the same distance away. In order to head back north people will head back through
C
Planning and Zoning Board Minutes
September 21, 2006
Page 12
Westbury neighborhood residents will have to contend with unforeseen development
with regional access directly to the north. Arterial streets never serve as a sufficient
buffer between commercial and low density residential development, especially if the
anchor operates 24/7 given light, noise, pollution and a gas station. Given the proximity
of the access roads to the intersection of Shields and Harmony, whoever reviewed and
approved the plans for Westbury did not anticipate development on the comer with
regional access. The city cannot provide traffic signals at the intersection of Westbury
and Harmony, nor Westbury and Shields leading to the loss of direct access to travel
north on Shields and west on Harmony. Residents will find having to drive south on
Shields to Trilby to access the city unacceptable. He urged the Board to vote for this
rezoning if you wish to ignore the City Plan, Land Use Code and voices of affected
residents by succumbing to the outlandish desires of developers who have no interest in
contributing positively to anything but their profits.
Lisa Rhodes, 1238 Westbury Drive stated that the last thing we need in this town is
another supermarket. Any direction from Shields and Harmony, one mile either
direction is a supermarket or a Commercial Center. In every direction there is also
vacant retail space within a mile in any direction. She bought her property purposely to
be away from commercial business. Mr. Markel stated that Safeway won't build if they
don't get the corner lot. If they build this Super Safeway the other two or three
Safeway's in her guess will be closed eventually which will lead to more vacant space in
our town. She believes the City Plan is outdated and she believes that in this city we
have an overbuilding commercial crisis. The citizens and homeowners do not want a
commercial super store there. Their neighborhood will be blocked they can barely get
out now with the streets the way they are. Right now the voters voted and they are the
next on the list for Shields and Harmony to be built. It is paid for and voted on and the
money is there and to say that the supermarket will make it better or pay for it is an
invalid reason. It ruins their property values, quality of life and impacts the safety of
their children and families. She respectfully asked that the Board vote no on this issue.
Dr. Sharon Butler, 1309 W. Harmony Road stated that she will have a front yard view of
this new super center if it is built. When she bought her property six months ago she
did not know this was on the plan, she wishes she had because she probably would not
have bought the property. Currently she finds it hard to understand the logic of moving
this zoning. In one breath they cite the convenience of having a Neighborhood Center
where everyone can walk or bicycle to a store and have conveniences for everyone in
this area. That is great, but in the next breath they say it is going to be a very large
store with a large grocery store and they are going to try and draw traffic from around
the area. Drawing traffic from around the area is not what this corner needs. As cited
by many people before her, the intersection of Harmony and Shields, which we already
know is terrible and currently traffic backs up in front of her driveway for an hour and a
half every morning and at least two hours every evening. That is because of the traffic
Planning and Zoning Board Minutes
September 21, 2006
Page 11
moved closer to their homes and lower their property values and quality of life through
increased safety, traffic and noise problems. People were not expecting a Wal-Mart
type competition at regional scale, 65,000 s.f. is close to Wal-Mart size. They were
expecting a small Neighborhood Center at the mid block location and that is what they
should get.
Neal Kravetz, 4736 Westbury Drive stated he was very concerned about the rezoning.
According to the definition of the NC zone, there is supposed to be a buffer zone around
it. This is one of the largest NC zones in the city. Mr. Kravetz explained with slides
other NC zoned property within the city and their buffer zones. Mr. Kravetz explained
that there was two ways they can get to this NC, they can make a left turn onto Shields
and the problem is that if you try and do that today, it is very difficult to get across the
intersection and with the expansion of Harmony and Shields it will be virtually
impossible during rush hours to make it across. Instead they have to go out the north
exit over up and double back down for a total distance of around a mile an a half. To
put things in perspective King Soopers is a straight shot to the east at the corner of
Harmony and College which is about a mile and a half away. That is more convenient
than rezoning this for them. He asked the Board to deny the rezoning.
Matt Kassawara, 1156 Belleview Drive wanted to preface this with the fact that he is not
a land owner so he has nothing to do with self interest in property values affected by a
potential rezoning. He was there to talk about predictability. Zoning provides
predictability for purchasers and lenders. of home sites or business properties and
encourages the most appropriate use of land. The current zoning system, the residents
of Wakerobin, Regency and Westbrook neighborhood bought their homes knowing that
the area would eventually become some kind of Neighborhood Center with a maximum
size of 45,000 s.f. not 60,000 or above. Residents of Regency and Wakerobin bought
their homes knowing that someone would build apartments or condos. Residents also
know that they have direct access to Shields without having to go out to the south and
add more traffic heading eastbound on Harmony which is already a problem.
In the Westbury neighborhood residents have anticipated development of apartments or
condos. They also have direct access, with a traffic problem, to the north on Shields
and to go eastbound. The proposed rezoning for the Wakerobin, Regency and
Westbrooke neighborhood will have to contend with an unforeseen commercial
development with regional access. Given the. size of the store proposed, it seems like
the developers are trying to bring in people from all over the place instead of just the
neighborhood area. He sees this as a problem especially given the traffic issue. The
proposed extension of Westbury Drive and the existence of the Dragon's Lair wetlands
eliminates the possibility of having at least a quarter mile of medium density mixed -use
zoning serving as a buffer between the neighborhood commercial zoning and the
residential zoning. Residents will also not have access to Shields via Wakerobin. In the
Planning and Zoning Board Minutes
September 21, 2006
Page 10
He offered a couple of observations. With all due respect, he thought that it was a myth
that Safeway cannot succeed as zoned. Just look at the Safeway on Harmony and it is
not next to another arterial and they are doing very nicely. They are smart people and
they know how to succeed in the middle of a block in Fort Collins and in all kinds of
other places he has been. It is simply not true that they can't succeed by not being on
the corner. Mr. Carson felt that this is not a business unfriendly position to take. The
rezoning does not add business in the form of additional revenues it is revenue neutral
and does not add business to Fort Collins in the form of additional jobs. He asked for
denial of the rezoning.
Kathy Gargan, 4366 Westbrook Court asked for some clarifying answers and how
would she get out if Wakerobin is closed off. She also asked what a three quarter
movement is. She asked for clarification as far as the buffer zone between their house
and the ditch and any building that is to be done back there. She also asked if there
was any possibility if a yellow school light that could be put in at Wakerobin and Shields
for children to cross at a 20mph crossing.
John Williams, 4331 Mill Creek Court stated that there was interest from a regional
grocer for a neighborhood commercial to be located at the corner and not at the center
of the site. Here in lies the crux of the grocer's rezoning request and it should be thrown
out as no place in a rezoning because it deals with monetary gain. The grocer says that
the Neighborhood Commercial Center is not economically viable in its current center
location. This is not a reason to amend the plan. Pure economic greed is not a
justifiable reason to change a neighborhood plan. This is a blatant spot zoning being
done for a developer. The grocer has stated that the mid block location is not
economically viable. Consider a grocery store that is going in along Shields mid block
near Prospect. This store must be economically viable or they would not do it.
Safeway's request to build a 60,000 s.f. super center could only indicate a move toward
developing a Regional Center as opposed to what they would consider a friendly
Neighborhood Center especially in a neighborhood that is already developed.
City staff and Director Gloss has handed the Board an agenda package that is packed
with developer view points. No view points from the neighborhood are included that are
accurate. Good planning is sometimes about waiting for the right development to come
in. One does not rezone to make a development happen, especially if it is wrong and
especially in a city that has been voted number one in the country. We can wait and we
can do better. He respectfully asked that the Planning and Zoning Board request proof
that the proposed zoning changes promote the public welfare by moving it and
enlarging it. Please ask Director Gloss about the compatibility with the existing
neighborhood and the perspective of the homeowners. He also wanted the Board to
consider predictability. People purchased these homes knowing that a small
Neighborhood Center was going to be built mid -block, people did not expect it to be
Planning and Zoning Board Minutes
September 21, 2006
Page 9
Chairperson Lingle asked about the size of the proposed supermarket.
Mr. Markel replied they did not have an exact size but it would be between 45,000 and
60,000 s.f. and he did not know if that had been decided.
Member Schmidt asked if Mr. Markel could give her an idea of what kinds of things he
would have planned for the MMN and would that differ if the commercial was in the
middle or at the intersection.
Mr. Markel replied that if they cannot partner up with some one on the corner
commercial, he did not believe they could move forward on the project, but if they can
partner up with someone on this location what they would like to do is present a variety
of different housing types; lofts with two to three story buildings, some single type living
for empty nesters, elevator accessible buildings, some with parking under, some with
detached parking, row housing, townhouses, various types of cottages and some small
single family housing. There is a minimum density of 12 units to the acre so it is difficult
to do single family in the MMN zone. They are looking into co -housing and they are .
talking to institutional people that could possibly do some senior housing.
C Member Schmidt presumed that the supermarket would go on the southern most piece
and asked what might happen on the land that is north of Wakerobin.
Mr. Leftwich replied that grocery stores today are changing as fast as he can put land
under contract and try to get it entitled and there is a new size store. It a challenge for
them and he would say that his inclination would be that if it were to be Safeway it
would be 58,000 to 65,000 s.f. grocery format. The place it would be on this site would
be is where this site has the appropriate depth to allow for their building.
Member Schmidt asked what would be in the other buildings on the site.
Mr. Leftwich envisioned retail, service for the neighborhood. and restaurants.
PUBLIC INPUT
Bill Carson, 4442 Craig Drive stated that he appreciated the opportunity to speak and
he did not think that anyone in his neighborhood is opposed at all to the Commercial
Center being in their neighborhood. They all bought their properties with full knowledge
that there was a city plan that had this development in it. They are opposed to the
rezoning and what the impacts that it represents to them. They are not opposed to the
developer and they have checked up on him and they do a very good job. As and when
this area gets developed he would hope that they would be a part of it, but he did not
want to see it done in the form of a rezoning.
Planning and Zoning Board Minutes
September 21, 2006
Page 8
Mr. Bracke replied they have started the preliminary engineering and the analysis and
construction should begin in 2007 and should last through 2009 or 2010.
Member Schmidt asked if this commercial site was moved to the corner was there
enough room property wise to have an intersection that would be signalized on
Harmony to the west.
Mr. Bracke replied that it would be unlikely that we would signalize an intersection to the
west. The potential signalized intersection would be at Regency and that would not
generate the traffic to warrant signalization. Anything in between there like at Westbury
would be limited movement and he would need to see a site plan, but staff would like to
try and maintain a full movement at Westbury at least from the south. He knew there
were a lot of detailed questions that were going to be asked tonight, and that was
difficult to answer without a site plan or analysis.
Member Schmidt asked what the options would be if it were in the center of the block
and would you be able to turn left off of Shields into the site.
Mr. Bracke replied more than likely. There is going to be a signal at Troutman some
day, which is half mile to the north. There is a potential for another full movement
potentially signalized intersection at the half mile, but if it is not signalized it would be at
least a three quarter movement allowing a left turn in.
Chairperson Lingle asked Mr. Markel if this configuration was identical to what was
proposed last spring or has it been modified in any way.
Mr. Markel replied that it is almost identical, it was 17.8 and now it is 18.5.
Chairperson Lingle asked Mr. Markel if this project were to proceed, would he partner
with Regency Center for the Neighborhood Center and would he retain the MMN land to
develop himself.
Mr. Markel replied they would work as a team for the development and they would work
concurrently on the engineering and planning and Regency would be the owners of the
commercial area and they would be the owners of the MMN and would develop
concurrently.
Chairperson Lingle asked about the agreement with Safeway and did they have a letter
of intent.
Mr. Markel replied they have a letter of interest for this particular location.
Planning and Zoning Board Minutes
September 21, 2006
Page 7
Matt Delich, Traffic Consultant for the applicant stated that he performed a preliminary
traffic and transportation analysis regarding the Structure Plan and Rezoning request for
this site. Based on city criteria, a detailed traffic study is not needed for a rezoning, but
they were asked to just comment on it. A detailed traffic study would be required when
an actual development plan would be submitted regardless of where the site was
located, whether it would be the mid -block location or on the corner. If the development
is mid -block if has been found that impacts to the neighborhood to the west would be
higher. At the corner location, the traffic coming from the west would remain on
Harmony Road because they would not have the shortcuts available and there would be
no point in taking them because it would be shorter and more direct to stay on Harmony
Road and turn in. It is concluded that with the location at the corner as shown would
impact the neighborhood to the west less.
Mr. Leftwich, 5233 S. Ironton Way, Englewood Colorado and Senior Vice President with
Regency Centers stated that he has been in discussions on this site for about a year.
Their first discussions were with Safeway from a standpoint of the mid -block situation
just to see if they could generate that interest and that interest would not be his
foremost interest for Regency, just to see if the grocery interest could be there. The
roadblock they ran into was about store success and retail center success. He first got
into this business in 1982 and the first thing he learned was that good retail is at the
corner of two streets that go a long way. He did notthink that has changed since 1982.
Regency is a publicly traded company and they own in excess of 400 shopping centers
and 950/6 or greater are anchored by Safeway, King Soopers, Kroeger or Whole Foods.
They are primarily a neighborhood grocery store developer, one of the largest in the
country with over 7 billion in assets. He stated that they bought the ShopKo in Fort
Collins and they are redeveloping it as JC Penny so there will not be a vacant building
on College Avenue.
Member Schmidt asked Eric Bracke from Traffic Operations to talk about what
improvements are going to be made to Harmony and Shields.
Mr. Bracke replied that Harmony Road would be a four lane arterial with auxiliary turn
lanes from College Avenue all the way to Seneca, which is about a mile and half
project. The intersection of Harmony and Shields will be improved so it has two thru
lanes in each direction; double left turns southbound and also double left turns west
bound and north bound. Shields Street improvements will be part of it and it will go at
least as far as Wakerobin to the north and a little bit south of Harmony Road also.
Improvements will include Wakerobin being a right -in and right -out, not with the
rezoning or the shopping center but with the Harmony Road project because it is so
close and so problematic right now.
Member Schmidt asked when it would start.
Planning and Zoning Board Minutes
September 21, 2006
Page 6
Mr. Markel stated that with the current configuration it would be impossible for a center
to be successful. Mr. Markel stated that there are about 18.5 acres of Neighborhood
Commercial and almost 40 acres of MMN, Medium Density Mixed Use Neighborhood
that is in and around the proposed zoning to buffer the commercial area from the
residential to the west. They want to take advantage of the new improvements that are
going to be done at the Harmony and Shields corridor and they would like to be part of
the process: They want to bring their site plan forward after the rezoning to be able to
participate in the improvements to the intersection.
The current perception is that if there were any development at this location that it would
get much more congested than it is currently. He is sympathetic to that situation and he
thinks that the perception is difficult to overcome, but with the major improvements at
the intersection he thought the congestion being experienced currently would be a vast
improvement. Mr. Markel proposed the possibility that they could mitigate traffic on
Wakerobin and there may be several ways of doing that, so that the neighborhoods to
the west would not have to have a through street that continues on into their
neighborhood like it would with the current zoning.
They are promoting safety by having improved intersections, pathways and walkways
that will go through the commercial area to direct the pedestrians to the appropriate
locations and make the crossing for children where there are signals. It is difficult when
you are doing a rezoning and not able to show a site plan and show how everything
would work, but he is representing safety and the routing of traffic and consideration of
the children and the neighborhood and mitigating traffic.
They would like to take advantage of the arterial roads that are going to be improved,
the environment in the grocery industry is very competitive and he thought the Board
would hear from. Mr. Leftwich from the Regency Centers that has successful centers in
Fort Collins, throughout Colorado and also across the nation. One of their specialties is
grocery store anchored neighborhood centers. He thought the Board would hear that a
mid -block location, he would not participate in this location in this particular
development and it would be difficult for him to move ahead without a commercial
partner. .
Mr. Markel thought that this particular location with the improvements on the major
arterials is more environmentally friendly for the area and the amount of trips that
people are taking to go shopping in other locations would be less. He thought that
people coming from the north down to the south, to Loveland — he thought they could
capture some of that traffic and direct into this particular location and that is why the
comer location would work the best and would result in fewer car trips. He thought that
they could demonstrate through their site planning that they are good developers and
they would love for the Board to visit their website, www.markelhomes.com.
( Planning and Zoning Board Minutes
September 21, 2006
Page 5
be lessened to the neighborhood to the west if this rezoning were to go forward and the
NC district moved to the south.
In one of the earlier slides when the Master Plan came through there was a corner of
the property that had some drainage coming through it and that property as well as
some additional land to the west was acquired as a wetland area also know as the
Dragon's Lair Wetlands. Director Gloss showed slides of that area. There are also
other wetlands on the site near the corner of Harmony and Shields and other natural
features on the site. There are buffer standards that would require any development on
this site on the NC zoned area to be buffered from the ditch and the resources of the
ditch. There have been a lot of discussion about environmental impacts. The Natural
Areas program has looked at this site because some citizens have asked if the city
would wish to acquire it as a natural area and the conclusion has been that the Natural
Areas program is not interested in purchasing the property because there is not enough
habitat here of adequate quality to justify such a purchase.
Any development that would happen on this site regardless of the rezoning, there is an
exhaustive process of design that any future applicant would have to go through and we
would be mitigating environmental impacts based on our natural habitat and buffer
standards.
In summary staff has evaluated this request and are recommending that the Planning
and Zoning Board recommend that City Council take an action of approving this
rezoning request. From the staffs perspective, the buffer provided by the change in
zoning creates a larger area of MMN zoned ground between the neighborhoods to the
north and west as a positive attribute of the change. Also information provided to staff
through the traffic memorandum indicated that the impacts to the area to the west
where the greatest concern has been raised would actually be lessened as far as traffic.
This is a private sector initiative and staff is not initiating this request.
Michael Markel, 5723 Arapahoe Avenue, Boulder, President and Owner of Markel
Homes gave the applicant's presentation. He wanted to address transportation and
traffic issues, pedestrian safety issues, marketing issues with the current and proposed
zoning and mitigating impacts on the adjacent neighborhoods. .
Mr. Markel stated that the mid -block design is an outdated concept in the present
environment. In this particular location, there is Troutman on the north and Wakerobin
on the south that they feel are "collection" points for this particular location and would
contribute to additional cut -through traffic through the neighborhoods. They do not feel
that the present zoning allows for the proper mitigation for these particular roadways to
prohibit traffic from moving from the neighborhood to the west moving east and the
commercial moving from the east to the west.
Planning and Zoning Board Minutes
September 21, 2006
Page 4
There has been a lot of discussion in neighborhood meetings and he has seen some
citations in the press about grocery stores versus supermarkets and what is permitted in
the zoning district. Grocery stores and supermarkets are both permitted in the NC
zone. A grocery store is a use permitted under an administrative review and a
supermarket is permitted under a Planning and Zoning Board review. The threshold
between the two is a grocery store is between 5,000 s.f. of floor area and 45,000 s.f.
and anything above 45,000 s.f. is a supermarket. If we go through an inventory of what
has been approved in Fort Collins you will see that we have 7 approved, 6 that are built
and 1 that is approved and not built. The Albertson's at Lemay and Riverside is about
44,000 s.f.; the King Soopers at Taft Hill and Elizabeth is about 32,000 s.f. and those
both are grocery stores by definition. The balance of them are supermarkets and they
are all located at arterial/arterial intersections. The King Sooper's at Rigden Farm is
about 67,000 s.f.; the Longview Market King Sooper's which was approved, but not built
is 65,500 s.f.; the Safeway at Drake and Taft Hill is just over 52,000 s.f.; the Sunflower
Market is 45,000 s.f. and the Steele's Market which is not an arterial/arterial store is
about 62,000 s.f. and as most know the store is closed.
In looking at the zone districts, which 2 are being proposed as part of this application.
The MMN district versus the NC district. There are a wide variety of uses permitted in
the MMN and it is the most intensive residential district except for a small area of high
density residential just south of the campus. It does allow attached and detached
residential and some secondary uses; places of worship and group homes. These uses
are intended to have the intensity and population to support the Neighborhood Center.
The Neighborhood Center uses are grocery store, potentially the supermarket, print
shops and gas stations with a separation requirement of 3/ mile if a gas station includes
a convenience store.
During the neighborhood meeting as well as the past review of this application, we
heard a lot about transportation impacts. The city is going through the design of a
capital project to improve the Harmony and Shields intersection as well as from Seneca
all the way to College Avenue. That is a significant project and the city is going through
a conceptual design right now and in very short order the city will be working with area
residents to look at the design of that intersection and the approaches to that
intersection. There is nothing carved in stone at this point and we are still working
through the design.
The finding of the staff as well as the consulting engineer that looked at this is that the
traffic generated from this development if it gets moved to the south will be
predominately from the east and that traffic coming from the west, which seems to be
one of the biggest issues heard repeatedly because of the schools to the north and to
the west and the direct connection of Wakerobin from Shields into the neighborhood
that there is potential for negative impacts. Staffs sense is that the impacts will actually
( Planning and Zoning Board Minutes
September 21, 2006
Page 3
Director Gloss reported that this is the northwest corner of Harmony Road and Shields
Street, Westfield Park, Johnson Elementary and Webber Junior High is to the west.
Front Range Community College is'diagonally across the intersection to the south and
east and residential development surrounding the balance of the area.
In 1997 when the city adopted City Plan, we created designations for Neighborhood
Centers which are commercial areas that are intended to serve the daily needs of
citizens within a couple of miles and is a 15 to 20 acre targeted size for the
Neighborhood Commercial Centers. The original plan in 1997 showed red circles or
dots to depict Neighborhood Centers. The image goes from Wakerobin on the south to
where Troutman Parkway will be extended in the future on the north. The requested
rezoning area (shown in red on the map) shifted to the south approximately 500 feet.
That would bring the south border of the Neighborhood Commercial designation to
Harmony Road.
There has been a lot of misunderstanding about what has been approved historically on
this site. He thought it would be helpful to go back through the public record and
examine what exactly has transpired over the last 25 years. In 1981 there was a Master
Plan for the Pineview PUD and that Master Plan called for the area in red as a
Neighborhood Center which is shown as 16.5 acres. There is an area that is notched
out between Wakerobin and the Neighborhood Center that is 5.5 acres and was shown
for apartments. In 1983 a more detailed plan came in for development on that tract
which included a slightly different acreage; 17.9 gross acres for the commercial center
and was approved at 157,500 s.f. of gross floor area with a 45,000 s.f. grocery store
with the servicing area closest to the neighboring properties to the west. There is single
family housing immediately to the west and also the northwest. That was the
development that was approved and has since expired.
The 2005 change squared off that parcel and showed it designating the area between
Wakerobin and Troutman entirely as Neighborhood Commercial. The Structure Plan
designates Neighborhood Centers strategically throughout the city to support the
neighborhood planning concept to have mixed use neighborhoods where there are
convenience goods available so you don't have to commute distances of 2, 3 or more
miles for basic daily needs. A grocery store or supermarket is typically the anchor and
other types of service uses like restaurants and other neighborhood support.
Director Gloss reviewed and showed examples of the hierarchy of neighborhood
centers with the lowest to the highest intensity uses. He showed a graphic of an arterial
roadway with a Commercial Center with a supermarket. That is what is intended for the
Neighborhood Centers. They are bigger than the "mom and pop" comer store.
C
Planning and Zoning Board Minutes
September 21, 2006
Page 2
Discussion Items:
13. #5-94L Front Range Village Amended Overall Development Plan and
Front Range Village Regional Shopping Center — Major
Amendment.
14.#1-06A Harmony and Shields Revised Structure Plan Amendment and
Rezoning.
15.#58-86J Water's Edge at Richard's Lake — Project Development Plan.
16420-06 Front Range Second Rezoning and Structure Plan Amendment.
Project: Harmony and Shields Revised Structure Plan
Amendment and Rezoning, #1-06A
Project Description: Request to amend the Structure Plan map and rezone
a 58 acre parcel located on the west side of S.
Shields Street north of Harmony Road. The rezone
would essentially reconfigure the pattern of existing
zone districts by moving the 17.9 acre area zoned
NC, Neighborhood Commercial, presently located in
between the proposed Troutman Parkway extension
and Wake Robin Lane, approximately 500 feet to the
south. The resulting zone districts would include an
NC, zoned parcel at the northwest corner of Harmony
and Shields with the balance of the site zoned MMN,
Medium Density Mixed Use Neighborhood.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Cameron Gloss, Director of Current Planning gave the staff presentation. He stated
that the Planning and Zoning Board heard an application for a Structure Plan
Amendment and Rezoning on the subject property back in March of 2006, the
recommendation from the Board went on to City Council who denied the applicant's
request for rezoning. This evening we have a new application for the same property
with essentially the configuration of the proposed rezoning as the same that was
reviewed back in March. There is some additional information that has been provided
by the applicant regarding transportation impacts and other aspects of the rezoning
application. For all intensive purposes, this application matches the one that was
reviewed previously.
Council Liaison: Karen Weitkunat
Chairperson: Dave Lingle
Vice Chair: Brigitte Schmidt
Staff Liaison: Cameron Gloss
Phone: (W) 223-1820
Phone: (W) 491-2579
Chairperson Lingle called the meeting to order at 6:03 p.m.
Roll Call: Smith, Stockover, Schmidt, Rollins, Meyer, Fries and Lingle.
Staff Present: Gloss, Eckman, Olt, Sommer, Maizland, Virata, Bracke,
Langenberger, Jackson, Moore and Deines.
Citizen Participation: None
Director of Current Planning Cameron Gloss reviewed the Consent Agenda:
Consent Agenda:
1.
Minutes of the April, 20, May, 18, June 15 and August 17, 2006
Planning and Zoning Board Hearings ( Continued).
2.
Resolution PZ06-10 - Easement Dedication.
3.
Resolution PZ06-11 — Easement Dedication.
4. #16-06
Fox Pointe Plaza — Project Development Plan.
5. #21-06
412 E. Pitkin Change of Use — Project Development Plan.
6.
3955 S. Taft Hill Road Out of City Utility Request (Tabled).
7. #19-04A
Recommendation to City Council for Minor Wording Amendments
to the Larimer County and City of Fort Collins Intergovernmental
Agreement to the Fort Collins Growth Management Area.
8. #23-06
North Weld County (NWCWD) and East Larimer County (ELCO)
Water Districts Water Transmission (NEWT) — Site Plan Advisory
Review.
9. #56-98AL
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure
Plan Amendment.
10438-00A
Arbor South Second Annexation and Zoning.
11.#24-06
Recommendation to City Council for a Text Amendment to the
Land Use Code.
12.
Recommendation to City Council for Amendments to the Land
Use Code and City Code Implementing Mitigation Measures of the
Southwest Enclave Annexation.
Cameron Gloss - Re Actual size of 1 re .Neighborhood Commercial Center . _ __ Page 3.
>Planner in the Advanced Planning Dept., this 1997 plan was amended in
>2005 to show 22 acres for the commercial center (16.5 + 5.5) and was
>approved by the council on November 29, 2005. We do not remember signs
>being posted in 2005 to change this zoning for the 5.5 acres from
>apartments to commercial and we have not found record of this.
>According
>to Waido, the city needed to increase the acreage of the commercial
>center to make it more viable.
>Sincerely,
>Rezone Opposition Team Member B,
E
>Dear Rezone Opposition Team Member C,
>Here is the link to the City page for the Council Agenda for 2005. 1
>looked at the full agenda for 11/29/2005 and there is no reference to
>our area on the agenda. They did make some changes to the land use
>code, but none of them related to this issue, as I read it. You can
>also see the voting results for that meeting and none of the items
>voted
>on related to our issue either. If City Staff is saying it happened
>that night, I believe they are mistaken on the date. Any issue like
>that must be documented, so we should ask City Staff to provide for us,
>accurate information so that we can see the document where that change
>was supposed to have taken place.
>Sincerely,
>Rezone Oppostion Team Member D
CC: Rezone <rzone opposition_Harmony_Shields@yahoogmups.com>
Cameron Gloss Re. Actual_size _of 1 re Neighborhood Commercial Centel-
>2005 City Plan Update
>During the first major update to City Plan, the City Plan Structure
>Plan Map was changed to match the zoning map put in place in 1997. In
>fact, all of the red "dots" from the original Structure Plan were
>converted to polygons that reflected parcel lines and other defined
>boundaries. No change was made to the zoning map for this property —the
>zoning is the same as originally adopted in 1997.
>-2006 Rezoning Application
>Request to reconfigure the former Pine View PUD site by switching some
>of the MMN and NC zoned land. The amount of land requesting for
>rezoning-17.9 acres devoted to the Neighborhood Commercial Center —
>matches that of the 1983 Pine View PUD approval.
>Please let me know if you need more information.
>Cameron Gloss, AICP
>Current Planning Department
»»"John's Home" <jdwilliams@fdi.com> 09/12 4:45 PM >>>
>Hi Cameron,
>Our neighborhood is very confused about the actual size of the 16.5
>Acre
>Neighborhood Commercial Center that is located mid -block on Shields
>between Horsetooth and Harmony (on the west side of Shields). Could
>you
>address the questions and concerns that are brought up in the two
>emails
>listed below? I've removed the names of the people who asked the
>questons. We would really like you to clear up the issues brought up
>in the letters and inform the Planning and Zoning Board and the City
>Council members about the 16.5 versus 22 Acre discrepancies. This is
>especially important if this action was taken without review by either
>board. I've cc'd City Council Member Kurt Kastein on this email since
>he represents our district.
>Respectfully,
>John Williams
>4331 Mill Creek Court
>Dear Rezone Opposition Team Member A,
>We have a map from 1981 that shows 16.5 acres for the commercial
>center,
>north of Wakerobin. The map also shows a small section at the comer of
>Wakerobin and Shields, 5.5 acres, that is zoned for apartments and
>condos. In 1997 a new map was created. According to Ken Waldo, Chief
Cameron. Gloss - Re_.Act...... a of 1 re Neighborhood Commercia! Center__.. _ _ Page 1
From: "John's Home" <jdwilliams@frii.com>
To: Cameron Gloss <cgloss@fcgov.com>
Date: 09/13/2006 4:48:21 PM
Subject: Re: Actual size of 16.5 Acre Neighborhood Commercial Center
Thanks for the information Cameron. 1 wish we could get the city's help
somehow to find an applicant that would build on the existing NC -zoned
land (at a size less than 45,000 sq ft). The traffic situation would be
very nice and clean, and I think that the neighborhood would be happy. John
Cameron Gloss wrote:
>John,
>Thanks for your questions.
>After reading through the issues raised, it seems like there is some
>misunderstanding about the differences between the City's Comprehensive
>Plan, referred to as City Plan, the official zoning map, and previous
>entitlements made on the property.
>Rather than a lengthy response for each question raised, I've prepared
>the following chronology with explanatory text:
>-1981- Pine View PUD Master Plan
>The commercial district designation was reflected on a development plan
>called the Pine View Planned Unit Development (PUD) Master Plan. Tract
>C on the PUD was 16.5 acres in size designated for a Neighborhood
>Commercial Center. The designated commercial center was located in that
>entire area between Wake Robin Lane and future extended Troutman
>Parkway, EXCEPT for a 5.5 acre area located north of Wake Robin
>(designated as Tract B) which was designated for apartments. The Zoning
>District was R-L-P, with the commercial center approved on the PUD
>Master Plan.
>-1983- Pine View PUD Tract C Preliminary Plan for Neighborhood_
>Commercial Center
>PUD approved by Planning and Zoning Board for a 157,500 square foot
>shopping center on 17.93 gross acres in that area reflected on the Pine
>Vlew Master Plan
>-1997 City Plan Adoption/City-wide Rezoning
>After a lengthy public review process, the City adopted City Plan.
>City Plan showed the location of all anticipated future Neighborhood
>Commercial Centers throughout the community. The City Plan
>Neighborhood Center Structure Plan map designations were reflected by a
>large red "dot" on the Pine View property; the commercial center was
>generally shown fronting on S. Shields Street between Wake Robin Lane
>and future extended Troutman Parkway.
>A City-wide rezoning also occurred concurrently during 1997 as the
>implementing map of City Plan. The new Neighborhood Commercial (NC)
>district was assigned to the property. The zoning map of 1997 shows
>approximately 22 acres of land designated Neighborhood Commercial and
>located in between Wake Robin Lane and future extended Troutman
>Parkway.
r
Cameron Gloss - Re. Fwd: The Harm fields rezone _.._. _......_ Page 2
for the residents of Westfield Park to walk their dogs or just go for a gentle walk in nature. Also there are a
variety of different species of animals in this field one of which is endangered (The Red Fox) There are
also a number of other species of animals who make their home in this field, Mice, Falcons, Raccoons,
Bats, Rabbits, and many more ( I even saw a deer their once!) I think many of the residents of Westfield
Park agree that one of the reasons that they liked the area so much is because it was close to nature and
had shopping centers nearby. The field for me is a fun place to hang out, play, or explore. There are lots
of reasons I loved the house and the area I moved to, but the field was one of top reasons I loved it! I
moved from Los Angeles Ca. so I am used to no open spaces, but I like the space and don't want to have
that changed. Sooner or later Ft. Collins will be just as crowded as Los Angeles if we just keep letting all
our natural areas go to shopping centers and strip malls) to I hope that you will take note of my concern
and think carefully of all I have said.
A concerned resident of Westfield Park,
Sienna Zorigian
CC: City Manager's Office
Cameron Gloss Re FThe Harm fields rezone wd: Page 1
From:
Sarah Kane
To:
horsefan101@gmail.com
Date:
09/21/2006 9:05:34 AM
Subject:
Re: Fwd: The Harmony Shields rezone
September21, 2006
Dear Sienna Zorigian:
First of all, let me thank you for taking the time to write your letter. Secondly, let me assure you that the
City of Fort Collins is also very concerned with each of the issues mentioned in your letter. As property
owners decide to develop their land and cities grow, animals and wildlife are often overlooked. This is a
problem that citizens in Fort Collins have been concerned with for many years. Preserving natural habitat
is a priority for this community and is one of our key values. As a result, the City has developed many
different plans, regulations and protection standards in an attempt to preserve and protect special places
like those mentioned in your letter.
The Westfield Park development is a successful example of how the City has been working to protect
natural habitat and wildlife. The Westfield Park development and the second filing of the Westbrooke
development were both built with these standards in place. The fact that you are able to see fox, mice,
raccoons, hawks, bats, rabbits and deer in your neighborhood is an indication that their habitats were
protected during the development of your neighborhood and the surrounding neighborhoods. Standards
for new development are the same as those used in the aforementioned developments and will be utilized
no matter what the zoning district determination for the property you mentioned on Harmony and Shields.
The property at Harmony and Shields is privately owned and even though people are walking their dogs or
utilizing the property for other personal uses, they don't legally have that right. When someone makes the
decision to use this property in one of these ways way, they are trespassing, in much the same way you
would be trespassing if you chose to take your dog for a walk in someone else's backyard. In addition,
Walking dogs in areas where wildlife exist is not a good idea. Many wild animals are frightened of dogs
and even the smell of a dog can create fear and apprehension. For this very reason, the City and the
National Park Service place restrictions on where dogs may be taken. When this property develops, the
City will look closely at the wildlife uses within the. proximity and will determine what area of the property
should be protected. If it is deemed appropriate for wildlife, we will work closely with the developer to
create a public trail for gentle walks like those mentioned in your letter. This trail might be similar to the
public trail system located in the Westfield Park neighborhood.
Thank you again for your letter. Community open space, wildlife and natural areas are important aspects
within the City of Fort Collins planning process. We take your concerns seriously. Please be assured that
as the property owner moves forward with his right to develop, the City of Fort Collins will enforce our
standards and regulations to address your concerns to the best of our ability.
Sincerely,
Doug Moore
Environmental Planner
City of Fort Collins
(970) 224-6143
dmooreftfcoov.com
>>> <horsefan101@Qmail.com> 09/13/06 6:55 PM >>>
Dear Council persons,
I am Sienna Zorigian I am 11 years old and just recently moved to the end of Westbrooke Ct.
As you may know the field on the comer of Harmony and Shields is planning to be rezoned. I am not
against rezoning, but I am against building) And to my knowledge rezoning means building. Where would
all the animals go? Where would the residents walk their dogs? This field is a quick and convenient area
to Harmony Road with development plans for the Harmony -Shields intersection. Our part of
town is changing. It is my hope that we can minimize the impacts on the existing neighborhoods
while taking advantage of neighborhood shopping and bicycle and walking connections.
Please feel free to contact me if you have any questions. I will plan to attend the Planning and Zoning
meeting if work travel does not interfere. In any case, the contents of this letter explain my support for
the rezoning.
Sincerely,
i
Grego H P.E.
1425 Hepplewhite Court
Fort Collins, CO 80526
(970)493-3363
0
September 15, 2006
Mr. Cameron Gloss
Current Planning Director
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
Re: Harmony and Shields Rezoning— File ID 1-06A
Dear. Mr. Gloss:
I am a resident within The Ridge subdivision which is located south and west of the Harmony Road and
Shields Street intersection land parcel that is being considered for Rezoning. I was unable to attend the
public meeting that was held to initiate public comment and information dissemination. However, I am
writing this letter in support of the rezoning request based on discussion with neighbors and people who
attended the public meeting.
I have heard arguments against the rezoning and I have heard arguments for the rezoning. It is my
opinion, that the arguments against the rezoning center around status quo, increased traffic, and loss of
open space. The arguments for rezoning focus on development of a viable retail and mixed use
development, It is my opinion that the rezoning should be granted for the following reasons:
1. The developer has indicated that a retail anchor tenant is willing to undertake the project based on
the Harmony -Shields location, but does not feel that a mid -block development will be as
economically viable. I appreciate this concern and I also understand that it is a very competitive
environment for new retail development. Having the public portion of the project at a high
visibility intersection will encourage more drop -in customers and increase the potential for higher
sales volume. This is intent of a retail operation and the intersection of two major arterial streets
in Southwest Fort Collins is a good location. Mid -block development will reduce the public
exposure.
2. The Harmony -Shields intersection is currently slated for a significant upgrade, along with the
widening of Harmony Road and a portion of Shields Street. Traffic will increase and the more
rural atmosphere will change. The City is coming our way and it is appropriate to plan the
changes to minimize the impact to existing property owners. However, it is not appropriate to
think that nothing will occur if there is opposition to this rezoning effort. What will occur if the
rezoning is denied will be a more disjointed and marginal retail development at the mid -block
location, residential development adjacent to the major intersection, and a more piecemeal
approach to development in the area I believe that retail development is more appropriate on the
corner and residential development is more appropriate away from the major arterials.
3. It is important from an environmental standpoint to minimize vehicle trips and encourage
walkability. A viable retail center at the intersection will help to accomplish both of these goals
when compared to the current 2-3 mile drive to grocery facilities. Every time we need milk or
eggs, we have to get into the car and drive. The opportunity to walk is very attractive.
4. I heard from an attendee at the public meeting that the opposition feels that if they stop the
rezoning, then they will stop development. This is short-sighted. A big -box store is not
appropriate in this location, but a grocery store of sufficient size along with other neighborhood
retail services is appropriate. As I understand it, the conditions attached to the zoning will insure,
what I consider to be, an appropriate level of development.
5. I am the neighborhood representative for The Ridge to maintain contact with the City as the
Harmony Road widening moves ahead. There is a great opportunity to coordinate improvements
Cameron Gloss Harmon and Sheil_. sed rezoning „ . Page 1.
From:
<g_brake c@hotmail.com>
To:
<cplanning@fcgov.com>
Date:
09/21/2006 7:58:22 AM
Subject:
Harmony and Sheilds revised rezoning
Hello folks. I live in one of the two houses on Wakerobin Lane. My family and I enjoy the quiet
neighborhood, usually 1"asleepV' by 10:00. We purchased in 1993, knowing the zoning of the land around
us. I fear that changing the zoning now, to allow what might be a noisy 24 hour grocery, whose trucks
\'round back, will be close to my front yard, is not at all what we bargained for. Please do not approve this
change. The rezoning could greatly diminish the quality of life and the property value of my house and
home. Thanks, Greg Brake, 1312 Wakerobin Lane, g_brake@hotmail.com
Cameron_ Gloss -Harmony arid_Shiel sed Rezoning #1-0tA _ _ .. Page 1
From: Laurel Van Maren <laurel@vanmaren.us>
To: <gdeines@fcgov.com>
Date: 08/02/2006 10:43:31 PM
Subject: Harmony and Shields Revised Rezoning #1-06A
To the Director of Current Planning and any other relevant officials:
Although I am unable to attend any meetings, I want to express my
support for the rezoning, reflected on the July 31st mailing which I
received from your office. Thank you for informing me of this and for
taking the time to read this letter.
We moved into this neighborhood 13 years ago with the understanding
that the land would be developed. Although the long interim between our
move here and this inevitable development was pleasant, we have always
understood that the property BELONGS to someone; that their desire to
use/develop their property is legitimate; and that their rights must be
protected just as our rights, as home owners, need to be protected.
The proposed change is quite an improvement to the existing zoning and
will put the neighborhood center in a more reasonable place than it was
previously zoned for, keeping the traffic closer to the intersection
instead of pulling people up into the neighborhood area further north
of Wakerobin.
I find the arguments of some of the current objectors to be
hypocritical. All of us live on land that was undeveloped at one point
in time, and perhaps enjoyed in that state by those living nearby. Of
course its nice to live close to an undeveloped area, but unless all
owners of property have their rights protected by law, then we run the
risk that property rights will become increasingly meaningless for all
property owners, however small.
Please don't let dissenters overturn the right use of property
according to law. It is unconscionable for them to deny others the
rights they currently enjoy themselves.
Thank you for your time.
Laurel Van Maren
http:/tharp.vanmaren.us/harp
CC: <cgloss@fcgov.com>
..
(.Cameron Gloss - New website availa _ Page 1
ATTACHMENT 6
From:
<jdwilliams@frii.com>
To:
<cplanning@fcgov.com>
Date:
07/26/2006 8:45:48 PM
Subject:
New website available
Hello Cameron,
With recent instructions from the City Council on the Harmony -Shields re -zoning, I hope you and your staff
will not support the re -zoning efforts of Markel Homes again. Please see the following website for details
on how the surrounding neighborhoods will fight to keep the zoning as it currently exists in the city plan.
(hftp://peacefc.site.v ith.us) When people buy into a neighborhood, they really want to have some piece of
mind that no changes will be made to the zoning of adjacent areas. Our home\'s property is the biggest
investment that most of us will ever make. We will appreciate your support during the upcoming fight
Best regards,
John Williams
4331 Mill Creek Ct.
Fort Collins, CO 80523
P.S.: Nve not received any information via US mail as you\'ve promised. re: meetings with city staff and
builder, staff\'s view on new request, .... My property will have a direct view of the proposed mega -super
market and will be affected by high traffic volume.
C: Rezoning will benefit commercial and residential development on -site
at the expense of off -site impacts.
C: Higher density housing located near the corner of Harmony and
Shields could have a negative impact on the Westbury neighborhood.
C: There are pros and cons to both the existing and proposed NC zone
district locations.
Q: Will the access and circulation to the Westbury neighborhood stay the
same under the existing and proposed neighborhood center locations.
A: Yes.
C: The Neighborhood Commercial center could be supported by some
neighborhood residents if the balance of the property was purchased
as a Natural. Area.
Q: Wouldn't traffic signals located at the Westbury/Harmony and
Westbury/Shields intersections improve access for the Westbury
neighborhood and maintain traffic flow?
A: No, '/s mile signal separation is preferable from a safety and traffic
flow standpoint.
C: Neighbors interpretation of City Plan is that the Neighborhood Center
should be located mid -block.
Q: In the near -term, will this neighborhood center bring in new retail?
A: Net new sales to the City would be relatively minor in the short-term.
As the balance of the property builds out, there will be an increase in
total retail sales for the center.
C: Positive changes have been made to the developer's submittal
compared to the previous proposal.
C: Some residents expressed concern about the quality of residential
units that could be built on the remainder of the property.
5
Q. How will a neighborhood commercial center impact property values
in the Westbury Subdivision?
A: No study has been completed, but based on Safeway's experience
constructing such centers, it is the high traffic volumes on Harmony
and Shields that create negative impacts to property values NOT the
existence of a commercial center.
Q: Doesn't a neighborhood center at this location create a pedestrian
safety issue for school children?
A: Safe pedestrian crossings will be provided at the future signal at the
Trautman Parkway/Shields intersection and the existing signal at
Seneca and Harmony.
Q: Will the grocery store/supermarket be open 24 hours a day?
A: Hours of operation have yet to be determined; it may or may not be a
24 hour store.
Q: If Wakerobin Lane is blocked off, can traffic still flow through the
site?
A: The applicant does not intend to "block off' Wakerobin, but to realign
and reroute traffic movements so that traffic speeds are more
controlled and the "straight shot" eliminated from Shields, thus
reducing cut -through traffic.
Q: To make a decision on the rezoning, shouldn't a traffic study be
drafted?
A: The applicant will prepare a traffic study at the time that a
development plan is submitted.
Q: What is the proposed range of housing prices projected for the
residential portion of this larger property?
A: $200-400K.
4
C: The perspective of some residents is that the existing NC zoning
configuration serves the neighborhood located east of Shields better
than the proposed configuration.
C: Traffic calming cannot be a binding contract as part of the rezoning
application.
C: The Safeway located at Harmony and McMurray is within a
successful neighborhood center, but is at the intersection of
Arterial/Collector streets (mid -block).
Q: Are fuel sales anticipated in conjunction with a supermarket?
A: Yes.
Q: Does the '/< mile separation requirement (to Seneca Center) apply?
A: Yes, the separation requirement would prohibit construction of a
convenience store with fuel sales. The applicant intends to provide a
fuel kiosk on the site, similar to that at the Harmony Road store, but
not a "convenience store". If any non -fuel items are sold, they will be
extremely limited.
Q: Did Safeway consider occupying the former Steele's supermarket on
Drake Road?
A: Yes, but Safeway, along with other grocery chains, did not find this a
viable location.
C: Harmony and Shields is a highly congested intersection.
C: Both Harmony and Shields should be widened to 4 lanes with
appropriate turn lanes.
C: The proposed rezoning does not address the issuance of property
"reliance" on the approved zoning.
Q: What are the projected traffic counts at Harmony and Shields?
A: A traffic study has not been completed.
3
Q: Can a traffic signal be located at the Harmony and Regency
intersection?
A: No, the Regency intersection is too close to the Harmony Road
intersection.
C: Traffic will flow south from Horsetooth Road through the
neighborhood enroute to the neighborhood center.
Q: Wouldn't a % turning movement at a the future Regency and
Harmony intersection, restricting left turns going westbound from
Regency to Harmony, make it difficult for neighborhood residents to
negotiate through the area at peak times?
A: Yes, this % limitation would make vehicle circulation difficult for the
Westbury neighborhood.
Note: As a follow-up to the neighborhood, the City Traffic Engineer
clarified that more than a 3/a movement could be approved at this
intersection.
"It is not the intent or desire to restrict the access at the above -stated
intersection through the City's Capital Program or through a
development project.
At this time, the City Traffic Engineer would propose that in the
future, the intersection be modified as a channelized "T" that would
allow a safe full movement intersection and two -staged left turns."
Q: What does "development pay its own way" mean?
A: At the time of development, the developer is responsible for
improving local streets and other utilitieslinfrastructure on the site as
well as pay capital improvement expansion and street oversizing fees
to compensate for the development's share of impact to schools,
police, fire, library, general government administration, and storm
drainage systems.
K
ATTACHMENT 5
Harmony & Shields Revised Rezoning Neighborhood Meeting
DATE:
TIME:
MEETING LOCATION:
CITY STAFF PRESENT:
August 14, 2006
6:05- 9:15 pm
Harmony Branch Library -Community Room
Cameron Gloss, Current Planning Director
Doug Moore, Environmental Planner
QUESTIONS, CONCERNS, COMMENTS, RESPONSES
71 Neighborhood residents and interested parties attended the advertised
neighborhood meeting. The meeting began at 6:05 pm and concluded at
approximately 9:15 pm.
Following introductory remarks and the introduction of individuals
representing City staff and the applicant, the applicant provided an overview
of the requested rezoning. Images portraying existing and proposed zone
district patterns and a conceptual development plan were projected on the
screen and reviewed by Michael Markel, representing Markel Homes.
Representatives of Safeway and Regency Centers also provided remarks
regarding the grocery store market and potential design options for a
potential future neighborhood commercial center on the site.
Neighborhood residents generated the following questions, comments and
concerns.
Q = Question
A = Answer
C = Comment
Q: Doesn't the zoning map incorrectly show the NC zone district?
A: No, the City zoning map was comprehensively amended in 1997 to
reflect Land Use Designations shown on the City Plan Structure Plan
map approved at that time.
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3
square mile for many years and will have no unexpected impact on school
related activities (vehicular, pedestrian, or bicycle). The schools are
located on the west side of Seneca Street. As mentioned earlier, the
corner location will result in less traffic on neighborhood streets.
The proposed neighborhood center location is expected to have right-
in/right-out/left-in access to/from Harmony Road (across from Westbury
Drive). This will cause the Harmony/Westbury intersection (south leg) to
also have right-in/right-out/left-in access. With the turn restrictions at
this intersection, the proposed neighborhood center will not cause traffic
impacts on Westbury Drive. The Shields/Westbury intersection allows full
traffic movements. With the implementation of the Harmony/Shields Rezone,
consideration will be given to providing traffic calming measures on
Westbury Drive.
The proposed neighborhood center location is expected to have right-
in/right-out access at the existing Shields/Wakerobin intersection.
Currently, this intersection allows all traffic movements. Access to a
full -movement intersection to/from Shields Street further to the north will
be via an internal north/south recirculation street. It is expected that
there will be one signalized intersection on Shields Street. The location
of that signalized intersection will be the subject of a future detailed
transportation impact study.
It is my opinion that the corner location of the NC zoning will have
less negative traffic impact on the neighborhood streets to the west as
compared to the current NC zoning location. A neighborhood center in this
area would cause a reduction in the length of trips from the existing
nearby residential area.
DELICH ASSOCIATES Traffic & Transportation Engineering •—�_��
2272 Glen Haven Drive Loveland, Colorado 80538
Phone: (970) 669-2061 Fax: (970) 669-5034 A if r
M� . * $Jlj
TO: Michael Markel, Markel Homes
Chad Kipfer, Markel Homes
City of Fort Collins
FROM: Matt Delich -A
DATE: July 5, 2006
SUBJECT: Harmony/Shields Rezone - Traffic/Transportation Analysis
(File: 0671ME01)
This memorandum provides documentation of various traffic/
transportation analyses regarding the Harmony/Shields Rezone. The property
located in the northwest quadrant of the Harmony/Shields intersection is
zoned as MMN and NC. As shown in the graphic in Appendix A, the NC zoning
is in the middle of the parcel, bracketed by the MMN zoning. The proposal
is to move the NC zoning the corner as indicated in the graphic in Appendix
B. The MMN zoning is considered to be multi -family residential
(approximately 12 dwelling units per acre). The NC zoning is for a
neighborhood center, which typically includes a grocery store and various
retail uses.
The nearest grocery store -based neighborhood centers, which serve
this area of Fort Collins, are located more than one mile away (King
Soopers at the Harmony/College intersection; Albertson's at the
Horse tooth/Col lege intersection; and Safeway at the Drake/Taft Hill
intersection). The proposed Harmony/Shields neighborhood center would
provide goods and services that now require a somewhat lengthy vehicle trip
for residents in the south portion of Fort Collins, as far south as from
developments near Trilby Road. In some regard, the proposed
Harmony/Shields neighborhood center would not add significant new vehicle
trips from the existing developments in the area, but would rather redirect
and shorten some of the vehicle trips.
Concerns were raised by nearby neighbors, particularly to the west,
that this proposal would cause "cut -through" traffic on area streets such
as Wakerobin Lane, Regency Drive, Seneca Street, and Silvergate Road.
While "cut -through" traffic can and will occur just because of the
connectivity of the street system in the area, the corner location of the
neighborhood center will cause less "cut -through" traffic as compared to
the current zoning location. With the current zoning location of the
neighborhood center, neighborhood streets would be more attractive to
residents to/from the west due to a shorter trip length/time. With the
corner location and direct access from Harmony Road, the most attractive
and shortest route to/from the west would be via Harmony Road rather than
through the neighborhood streets.
There are two schools west of the site (Johnson Elementary School and
Webber Junior High School). A neighborhood center was intended in this
�$1A/
AFE/gYnuc.
. � o°la ono m4w SM12.1412
June 13, 2006
POL Box 5W TA
Denver, CO 0=7
Mr. Snowden Leftwich
Vice President
Regency Centers
1873 S. Bellaire Street
Suite 600
Denver, CO 80222
Dear Snowden:
As previously discussed, Safeway is potentially interested In locating a store In your
proposed shopping center at the NWC of Harmony and Shields In Fort Collins, Colorado.
However, the site plan you presented us does not work for Safeway. We would not
be able to locate in the shopping center If It were to be located as shown in Its mid -block
location along Shields.
If you are able to relocate to the comer allowing access and visibility from Harmony,
we would like to continue discussions with regards to locating to this site.
Looking forward to hearing from you.
Sincerely, /
Howard Gerelick
Vice President, Real Estate
• The availability of Supermarkets and Grocery stores to anchor this neighborhood center has
changed.
• The grocery market has changed and requires sites to be more accessible and visual to build new
exciting stores.
• Based on these changes, the proposed zoning shift is required to successfully anchor this
neighborhood center. Based on trade areas and existing store locations, Safeway is the only
potential supermarket for this location and they will not locate there unless located at the corner.
Without a strong supermarket anchor, this neighborhood center will not attract as quality tenants
or be as viable a gathering place for this area of Fort Collins.
"(3) Additional Considerations for Quasi -Judicial Rezoning. "
"(a) Whether and the extent to which the proposed amendment is compatible with existing and proposed
uses surrounding the subject land, and is the appropriate zone district for the land;"
Appropriate Planning
• The requested rezoning is more compatible with existing zoning and uses than the existing zoning
locations. The shift will promote neighborhood stability by moving commercial development
away from neighboring single-family homes.
• The requested zoning is the most appropriate zone to transition between adjacent residential
properties and proposed uses to enhance and maintain the neighborhood.
"(b) Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment, including, but not limited to, water, air, noise, Stormwater
management, wildlife, vegetation, wetlands and the natural functioning of the environment;"
Minimal Impacts
• The property is a sustainable 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 toes.
"(c) Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern."
Smart Growth
• Locating Neighborhood Commercial zoning at corner locations is logical and typical in Fort
Collins.
• The proposed shift in zoning is a more orderly development pattern by locating Residential against
existing residential back yards and locating commercial along busy arterial roads.
We look forward to presenting our application and supporting the smart growth of Fort Collins.
Sincerely, '
V �
Chad Kipfer
Community Development Manager
Markel Homes
• The zoning shift will enhance the character and sense of place by appropriately moving
Commercial zoning from the backyards of low -density residential homes and moving it to the
corner of 2 major arterial roads.
Transportation
• A memorandum from Delich Associates is provided to highlight general traffic concerns and the
proposed zoning shift.
• The zoning shift will implement land use patterns that will support effective transit, an efficient
roadway system and provide for alternative transportation modes on trails and pedestrian street
design.
• With the planned improvements to Harmony Road, commercial will be more centrally located and
easier to access for this area of Fort Collins.
Community Appearance and Design
• The proposed shift in zoning will create the best location for a Neighborhood Gathering Place for
the greater neighborhood.
• The requested rezoning will place commercial in the best visual and accessible location and
provide for a more appropriate transition of land uses and densities to adjacent property.
Economic Sustainability and Development
• The zoning shift is needed to foster commercial development and encourage investment on this
Property.
• A successful neighborhood commercial development is more economically sustainable at the
comer and will attract better commercial anchors, tenants and reduce vacancies.
Housing
• The zoning shift will promote neighborhood stability by moving commercial development away
from neighboring single-family homes.
• The shift in zoning is needed to appropriately transition between adjacent properties and proposed
uses to enhance and maintain the neighborhood.
Environment
• The requested zoning is located appropriately for a commercial neighborhood center.
• Commercial uses are more efficiently accessed at the comer of two arterials as opposed to the
middle of the property.
Open Lands
• Open lands along the western edge of the property will be maintained along the existing ditch
corridor, as a trail and buffer.
• This trail corridor will promote alternative modes of transportation for walkers and bicyclists.
• This connection will allow interconnectivity between existing neighborhoods and the proposed
commercial center.
Growth Management
• The property is a sustainable infill site that will increase economic activity in the area to benefit
existing residents and businesses.
• City utilities and services currently exist within and adjacent to the property.
(B) "Warranted by changed conditions within the neighborhood surrounding and including the subject
property"
The Purpose of Neighborhood Commercial Districts
• `"The Neighborhood Commercial District is intended to be a mixed -use commercial core area
anchored by a supermarket or grocery store..." — Division 4.19
• The availability of properties to locate a Supermarket in this area of Fort Collins has changed.
ATTACHMENT 4.
7 July 2006
Cameron Gloss
Planning Director
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
RE: Harmony and Shields Rezoning Application "Reason for Request" and
Request for minor amendment to Structure Plan
Dear Cameron:
Please find enclosed the required information to process our application. We request a shift to the existing
NC and MMN zones of this property and request a corresponding amendment to the City of Fort Collin's
Structure Plan. The zoning shift and amendment would move the Neighborhood Commercial Center
designation to the northwest comer of Harmony and Shields. The Medium Density Mixed -Use designation
will transition away from the commercial comer to be contiguous with existing residential homes and the
other Medium Density Mixed -Use area on the Structure Plan.
his our intention to develop the property in conjunction with a commercial developer. We are currently
negotiating with Regency Centers and Safeway to develop the neighborhood center. A letter is provided
from Safeway to express their interest in a corner location.
We feel strongly that this request is in the best interest of Fort CoUins, the existing neighborhood and the
success of the new neighborhood center that will be located on the property. The existing Structure Plan is
in need of the proposed amendment to reflect the proposed zoning for the following reasons.
The Following Mandatory Requirements (Reason for Request) for Quasi-judicial Rezoning applications are
listed as (A) and (B) with their representative responses listed below.
(A) "Consistent with the City's Comprehensive Plan; "
The proposed amendment will promote and maintain the existing public welfare and will be consistent with
the vision, goals, principles and policies of City Plan as outlined below:
Land Use
• Neighborhood Centers are typically located at the comer of two arterial roads on the structure
ply
• The zoning shift will provide a more compact urban design that will be conducive to efficient
access for the larger southwest area of town.
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Harmony & Shields Street
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PROPOSED ZONING MAP V-2w
NORTH 12
October 3, 2006 .15. Item No. 33 A-B
• Density transfers should always occur at midblock, not at streets.
• The revised zoning does not represent "good" infill.
• Community goals are not met with the revised location.
• Stores are patronized based on price, design and accessibility, not on location.
• The owner master planned the property under essentially the existing zoning.
• Seneca and Regency Drives will not be widened.
• Development on the site replaces natural drainage with impervious surfaces.
• The site's aesthetics will be degraded and the view corridor will be reduced to the west.
• There are conflicting views on wetland impacts.
ATTACHMENTS
1. Zoning exhibit
2. Existing and Proposed Zoning Maps
3. Comparison of Existing and Proposed Structure Plan Maps
4. Applicant's written statement
5. Neighborhood Information meeting summary
6. Correspondence Received
7. Planning and Zoning Board September 2006 Hearing Minutes
October 3, 2006 -14 Item No. 33 A-B
During the course of the Planning and Zoning Board hearing, there was substantial public testimony
about the perceived negative impacts that the rezoning would potentially have on the surrounding
area, including:
• The request constitutes a "spot zoning".
• A future supermarket on this site could be as big as a Wal-Mart.
• No information has been provided by staff that accurately represents the neighborhood's
position.
A new commercial center will not benefit the local economy by adding new retail sales, but
will just increase competition between existing retailers.
• The Neighborhood Center zone district proposed is too big; it's bigger than other NC
districts.
• The Neighborhood Center is not as "central" to the neighborhood as under the existing
zoning.
• Inadequate access will be provided to the proposed Neighborhood Center location.
• The Westbury Neighborhood relied on the adopted zoning map that apartments rather than
commercial uses would be built on the comer.
• A 1/4 mile buffer is not provided all the way around the neighborhood center.
• There is inadequate access to/from the Westbury Neighborhood to the center.
• City Plan is outdated.
• Surrounding property values will be "ruined".
• No additional grocery stores or supermarkets are needed in the area.
• "Drawing" traffic into the area due to the neighborhood center is inappropriate.
• The MMN zone district already allows for some commercial development that would meet
the area's needs.
• Traffic volumes will increase as a result of the rezoning.
• Lack of traffic signals within the area creates access problems for surrounding residences.
• Wake Robin Lane street modifications: some comments indicated support for a termination
of Wake Robin, while others questioned whether restricted access would provide adequate
passage for emergency vehicles, school buses and residents.
• Access to the Neighborhood Center would be better at the future Troutman extension where
there will be a traffic signal.
• The applicant has not demonstrated how conditions have changed.
• Many shopping centers are successful on arterial/collector intersections.
• Most of the existing Neighborhood Centers were built prior to City Plan and under the Land
Development Guidance System.
• The new model for Neighborhood Centers under City Plan is to locate them away from
arterial/arterial intersections.
• In balance, more City Plan policies are not being met than are compliant.
• The Safeway representative behaved inappropriately at the neighborhood meeting.
• The relocated NC district will infringe more on the Dragon's Lair wetland.
• School children cross at Shields Street and the new NC location will make it a more unsafe
condition.
• Front Range Community College has a large and growing student population; the
intersection improvements will need to address potential traffic backups to the increased
traffic volumes.
• The Neighborhood Center will generate more traffic if the location is changed.
0 The character of Fort Collins as the "Best Community" will be changed.
October 3, 2006 -13- Item No. 33 A-B
FINDINGS OF FACT AND CONCLUSION
In evaluating the request to amend the Harmony and Shields Structure Plan minor amendment and
rezone, staff makes the following findings of fact:
A. The proposed amendment to the Structure Plan will promote the.public welfare and will be
consistent with the vision, goals, principles and policies of City Plan and the elements
thereof, and the Structure Plan is in need of amendment.
B. The rezoning satisfies the following criteria of Section 2.9.4 of the Land Use Code,
assuming that the Structure Plan is amended as proposed.
NEIGHBORHOOD INFORMATION MEETING
Although quasi-judicial rezone applications are exempt from the neighborhood meeting
requirements, the City sponsored a neighborhood meeting on the evening of August 14, 2006 at the
Harmony Library located cater comer to the property.
Comments raised at the neighborhood meeting ranged focused largely on transportation impacts
with respect to access and safety, compatibility with surrounding existing residential development,
and potential future land development patterns. A detailed meeting summary has been provided as
an attachment.
STAFF RECOMMENDATION
Staff recommends the following:
A. 'Approval of the requested Structure Plan Map amendment by reconfiguring designations
for the Subject Area on the Plan through relocation of the Neighborhood Commercial
Center, presently located in between the proposed Troutman Parkway extension and Wake
Robin Lane, to the northwest corner of Harmony Road and Shields Street and designating
the balance of the property Medium Density Mixed Use Neighborhood.
B. Approval of the requested amendment of the Zoning Map by reconfiguring the Zoning of
the Subject Area through relocation of the NC, Neighborhood Commercial zone district,
presently located in between the proposed Troutman Parkway extension and Wake Robin
Lane, to the northwest corner of Harmony Road and Shields Street and designating the
balance of the property Medium Density Mixed Use Neighborhood District.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular monthly meeting on September 21, 2006, voted 6-1
(Nays: Stockover) to recommend approval to the City Council of the change to the City Plan
Structure Plan map and approval of the requested rezoning.
October 3, 2006 -12- Item No. 33 A-B
property have not developed to date under the vision of City Plan, in part due to the location
of the NC district on the subject property.
Optional Additional Considerations:
A. Whether and the extent to which the proposed amendment is compatible with existing and
proposed uses surrounding the subject land, and is the appropriate zone district for the land.
The amendment will improve the degree of compatibility between potential future
commercial and residential uses and surrounding lower density residential areas. The
reconfigured Medium Density Mixed Use District provides a larger buffer and transition to
immediately abutting residential development to the north and west than the existing
location.
Rezoning still allows the Neighborhood Commercial district to work in tandem with the
Medium Density Mixed Use zone district. The subject property provides both the
Neighborhood Commercial Center needed to support surrounding neighborhoods as well as
the higher density uses found within the medium density mixed use areas that concentrate
housing within easy walking distance of services and that provide a transition to the
surrounding lower density residential areas.
B. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment, including but not limited to, water, air, noise,
stormwater management, wildlife, vegetation, wetlands and the natural functioning of the
environment.
Immediately abutting the property to the west is a stormwater detention/wetland area
referred to as the "Dragon's Lair Wetland" owned by the City of Fort Collins. In the year
2000, a volunteer group, Trees, Water and People worked cooperatively with the City of Fort
Collins to reconstruct the wetland and further enhance it with native vegetation.
There is no evidence that the rezoning will result in significant adverse impacts to the natural
environment on- or off -site. At such time that detailed development plans are submitted, the
applicant will be required to submit an Ecological Characterization Study, identifying
wildlife habitat areas, wetland boundaries, wildlife movement corridors and other natural
features and how impacts can be avoided or mitigated through buffer zones and other
measures.
C. Whether and the extent to which the proposed amendment would result in a logical and
orderly development pattern.
As it is proposed to be amended, the rezoning is consistent with the development pattern
envisioned under the City's Structure Plan. The revised neighborhood center still focuses
the commercial service in a way that best supports neighborhoods as the basic building block
to the community.
October 3, 2006 -11- Item No. 33 A-B
CONS
Staff recognizes that there are also the following downsides to the rezoning. However, when taken
in the context of larger, City-wide policies of City Plan and the positive attributes stated above, it
appears that the revised Neighborhood Center and Mixed Use Neighborhood configuration will
continue to promote the public welfare.
• Neighboring area property owners relied on the adopted City zoning map prior to purchase;
Properties within the Westbury neighborhood and those residential properties fronting the
southside of Harmony Road across from the NC district will be 500 feet closer to the
commercial center than under the existing location;
• The existing Neighborhood Center designation will provide more direct access for some
neighboring properties to the northwest, and southbound on Shields Street, at such time that
Troutman Parkway is extended to the west.
REQUEST TO REZONE BY RECONFIGURING THE NEIGHBORHOOD COMMERCIAL,
NC, AND MEDIUM DENSITY MIXED NEIGHBORHOOD, M-M-N, — SECTION 2.9.4(H):
The request to reconfigure the NC and MMN zone districts is considered quasi-judicial (versus
legislative) since the parcel is less than 640 acres. There are five standards that may be used in
evaluating a request for a quasi-judicial rezoning. These standards, and how the request complies,
are summarized below:
Mandatory Standards (Note requirement of either A or B or both A and B):
A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed
amendment is consistent with the City's Comprehensive Plan; 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 but only if it is amended as proposed.
B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed
amendment is warranted by changed conditions within the neighborhood surrounding and
including the subject property.
Since the Neighborhood Center and residential densities were established for this property
in 1981, the neighborhood surrounding the subject property has changed substantially.
Hundreds of residential units, schools, parks, a library and public improvements have been
made within the market area served by the NC zone district. The Front Range Community
College has gone from a small vocational school to an expanded curriculum with
approximately 5,200 students.
The rezoning acknowledges the relocation of the Neighborhood Commercial district due to
the contemporary needs of the grocery industry. The NC and MMN districts on the subject
October 3, 2006 -10- Item No. 33 A-B
Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be
integrated in the surrounding Medium Density Mixed -Use Neighborhood, contributing to the
neighborhood's positive identity and image. Residents should be able to easily get to the Center
without the need to use an arterial street.
1 :TiM
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 residential development to the west than the existing location.
• The relocated NC district will result in fewer existing single family residences within close
proximity to the commercial center.
• Traffic Impacts to the surrounding neighborhood streets to the west will be less with an NC
center at the comer of Harmony and Shields. According to the submitted Traffic Analysis
prepared by a Professional Traffic Engineer, the proposed location will provide less "cut -
through" traffic to neighborhoods lying to the west. This is particularly important given the
number of children attending Johnson Elementary School and Webber Junior High School,
both located west of the site.
• Many of the design and operational issues cited by neighborhood residents associated with
future development on the site can be addressed during the development review process.
Land Use Regulations are in place to require that on- and off -site impacts to traffic
circulation to/from and within the site, lighting, storm drainage, aesthetics, wildlife habitat,
pedestrian safety, are mitigated.
The location of existing and planned future roadways, such as Wake Robin Lane to the west,
Westbury Drive to the south, and the future western extension to Troutman Parkway to the
north, will continue to allow for direct vehicular, bicycle and pedestrian connections to the
center.
The size of the Center at 18.5 acres is slightly more consistent with the 15-20 acres targeted
for such districts than the presently designated area of 22 acres.
October 3, 2006
-9- Item No. 33 A-B
The applicant has not submitted an amendment to the Open Lands, Parks and Stream Corridors
designation that crosses the subject property nor is there a requirement to do so in order for the
parcel to be rezoned NC, Neighborhood Commercial. It is acknowledged that the illustration found
on the Plan is a very rough approximation of the Mail Creek drainage, and that the natural features
"on the ground" do not coincide with the generalized pattern shown on the Structure Plan Map.
Future development plans on the site will be subject to the requirements of Section 3.4.1 of the Land
Use Code protecting significant habitat and natural features.
Review Criteria For Structure Plan Minor Amendments
Appendix C of City Plan outlines mandatory requirements for public notice, review process and
evaluation criteria for minor amendments to City Plan, including Structure Plan map amendments.
The Plan text states:
"A plan amendment will be approved if the City Council makes specific findings
that:
The existing City Plan and/or related element thereof is in need of the
proposed amendment, and
The proposed plan amendment will promote the public welfare and will be
consistent with the vision, goals, principles and policies of City Plan and the
elements thereof "
Relevant Principles and Policies of City Plan
PRINCIPLE MMN-2: The layout and design of a Medium Density Mixed -Use Neighborhood will
form a transition and a link between surrounding neighborhoods and the Neighborhood Commercial
Center, Community Commercial District, Employment District, or an Industrial District, subject to
adjustment for site -specific or pre-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 orpre-existing circumstances such as a major street, major drainageway,
or existing development.
PRINCIPLE MMN-3: A Neighborhood Commercial Center will provide uses to meet consumer
demands from surrounding Residential Districts for everyday goods and services, and will be
pedestrian -oriented places as a focal point for the surrounding neighborhoods.
Policy MMN-3.1 Land Uses/Grocery Store Anchor. A grocery store, supermarket, or other type
of anchor (e.g., drugstore) should be the primary functional offering of these Centers. A mix of
retail, professional office, and other services oriented to serve surrounding neighborhoods are the
secondary offerings. The Neighborhood Commercial Center will provide locations for some limited
auto -related uses.
October 3, 2006 -8- Item No. 33 A-B
STAFF ANALYSIS
City Plan Structure Plan Map Minor Amendment:
The City Structure Plan envisions neighborhoods as the primary building block to the community.
Multiple neighborhoods are viewed as parts of larger residential districts served by a grocery store
and other frequent destinations for its residents. These essential services are provided to residential
districts in "Neighborhood Commercial Centers" which are denoted on the Structure Plan as a red
square, rectangle or polygon. Typically, Neighborhood Commercial Centers are 15-20 acres in size.
Such centers are intended to serve as a true focal point for surrounding neighborhoods through not
only goods and services but the provision of public gathering spaces and other civic amenities.
Neighborhood Commercial (NC) centers work in tandem with, and are surrounded by, Medium
Density Mixed Use Neighborhood (MMN) zone districts. The subject property provides both the
Neighborhood Commercial Center needed to support surrounding neighborhoods as well as the
higher density uses found within the medium density mixed use areas that concentrate housing
within easy walking distance of services and that provide a transition to the surrounding lower
density residential areas.
Staff finds the requested Structure Plan Amendment consistent with adopted City Plan principles
and policies. The slight shift of the Neighborhood Commercial Center and Medium Density Mixed
Use Residential areas still allow both districts to function synergistically as envisioned under the
Plan. The location of existing and planned future roadways, such as Wake Robin Lane to the west,
Westbury Drive to the south, and the future western extension to Troutman Parkway to the north,
will allow for direct vehicular, bicycle and pedestrian connections to the center. The size of the
Center at 18.6 acres is in keeping with the 15-20 acres generally envisioned for such districts.
From staffs 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-densityresidential development to the west than
the existing location.
• The relocated NC district will result in fewer existing single family residences
directly abutting the commercial center.
Traffic Impacts to the surrounding neighborhood streets to the west will be less with
an NC center at the corner of Harmony and Shields. According to the submitted
Traffic Analysis prepared by a Professional Traffic Engineer, the proposed location
will provide less "cut -through" traffic to neighborhoods lying to the west. This is
particularly important given the number of children attending Johnson Elementary
School and Webber Junior High School, both located west of the site.
City Plan recognizes the need for a grocery store or supermarket; this configuration
is likely necessary if th need is to be met.
October 3, 2006
-7- Item No. 33 A-B
The grocery market has changed and requires sites to be more accessible and visual
to build new exciting stores.
Based on these changes, the proposed zoning shift is required to successfully anchor
this neighborhood center. Based on trade areas and existing store locations, Safeway
is the only potential supermarket for this location and they will not locate there
unless located at the corner. Without a strong supermarket anchor, this
neighborhood center will not attract as quality tenants or be as viable a gathering
place for this area of Fort Collins.
"(3) Additional Considerations for Quasi -Judicial Rezoning. "
"(a) Whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and is the appropriate zone
district for the land;"
Appropriate Planning
The requested rezoning is more compatible with existing zoning and uses than the
existing zoning locations. The shift will promote neighborhood stability by moving
commercial development away from neighboring single-family homes. The
requested zoning is the most appropriate zone to transition between adjacent
residential properties and proposed uses to enhance and maintain the neighborhood.
"(b) Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including, but not limited
to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the
natural functioning of the environment;"
Minimal Impacts
The property is a sustainable infill site surrounded by existing development.
Shifting the existing zoning will not adversely impact the natural
environment
Arterial streets are the most appropriate buffer to front commercial uses.
"(c) Whether and the extent to which the proposed amendment would result in a
logical and orderly development pattem."
Smart Growth
Locating Neighborhood Commercial zoning at comer locations is logical and typical
in Fort Collins. The proposed shift in zoning is a more orderly development pattern
by locating Residential against existing residential back yards and locating
commercial along busy arterial roads."
October 3, 2006 -6- Item No. 33 A-B
Economic Sustainability and Development
The zoning shift is needed to foster commercial development and encourage
investment on this Property. A successful neighborhood commercial development
is more economically sustainable at the corner and will attract better commercial
anchors, tenants and reduce vacancies.
Housing
The zoning shift will promote neighborhood stability by moving commercial
development away from neighboring single-family homes. The shift in zoning is
needed to appropriately transition between adjacent properties and proposed uses to
enhance and maintain the neighborhood.
Environment
The requested zoning is located appropriately for a commercial neighborhood center
Commercial uses are more efficiently accessed at the corner of two arterials as
opposed to the middle of the property.
Open Lands
Open lands along the western edge of the property will be maintained along the
existing ditch corridor, as a trail and buffer. This trail corridor will promote
alternative modes of transportation for walkers and bicyclists. This connection will
allow interconnectivity between existing neighborhoods and the proposed
commercial center.
Growth Management
The property is a sustainable infill site that will increase economic activity in the
area to benefit existing residents and businesses. City utilities and services currently
exist within and adjacent to the property.
(B) "Warranted by changed conditions within the neighborhood surrounding_ and
including the subject proffty"
The Purpose of Neighborhood Commercial Districts
"The Neighborhood Commercial District is intended to be a mixed -use commercial
core area anchored by a supermarket or grocery store..." — Division 4.19
The availability of properties to locate a Supermarket in this area of Fort Collins has
changed.
The availability of Supermarkets and Grocery stores to anchor this neighborhood
center has changed.
October 3, 2006 -5- Item No. 33 A-B
"It is our intention to develop the property in conjunction with a commercial
developer. We are currently negotiating with Regency Centers and Safeway to
develop the neighborhood center. A letter is provided from Safeway to express their
interest in a corner location.
We feel strongly that this request is in the best interest of Fort Collins, the existing
neighborhood and the success of the new neighborhood center that will be located
on the property. The existing Structure Plan is in need of the proposed amendment
to reflect the proposed zoning for the following reasons.
The Following Mandatory Requirements (Reason for Request) for Quasi-judicial
Rezoning applications are listed as (A) and (B) with their representative responses
listed below.
(A) "Consistent with the Ci&s Comprehensive Plan: "
The proposed amendment will promote and maintain the existing public welfare and
will be consistent with the vision, goals, principles and policies of City Plan as
outlined below:
Land Use
Neighborhood Centers are typically located at the comer of two arterial roads on the
structure plan. The zoning shift will provide a more compact urban design that will
be conducive to efficient access for the larger southwest area of town. The zoning
shift will enhance the character and sense of place by appropriately moving
Commercial zoning from the backyards oflow-density residential homes and moving
it to the comer of 2 major arterial roads.
Transportation
A memorandum from Delich Associates is provided to highlight general traffic
concerns and the proposed zoning shift. The zoning shift will implement land use
patterns that will support effective transit, an efficient roadway system and provide
for alternative transportation modes on trails and pedestrian street design. With the
planned improvements to Harmony Road, commercial will be more centrally located
and easier to access for this area of Fort Collins.
Community Appearance and Design
The proposed shift in zoning will create the best location for a Neighborhood
Gathering Place for the greater neighborhood. The requested rezoning will place
commercial in the best visual and accessible location and provide for a more
appropriate transition of land uses and densities to adjacent property.
October 3, 2006 -4- Item No. 33 A-B
• Member 21.2006
Planning and Zoning Board recommended 6-1 (Nays: Stockover) that the City Council
approve the revised zoning request.
Land Use Code:
The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the
Land Use Code. Section 2.9.4 (H) (2) indicates the following:
Mandatory Requirements for Quasi -Judicial Rezonings. Any amendment to the
Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of
land or less (a quasi-judicial rezoning) shall be recommended for approval by the
Planning and Zoning Board or approved by the City Council only if the proposed
amendment is:
(a) consistent with the City Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood surrounding and
including the subject property.
Section 2.9.4 (H) (3) of the Land Use Code indicates the following:
Additional Considerations for Quasi Judicial Rezonings. In determining whether to
recommend approval of any such proposed amendment, the Planning and Zoning
Board and City Council may consider the following additional factors:
(a) whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including, but not
limited to, water, air, noise, 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 orderly development pattern.
APPLICANT'S REQUEST AND JUSTIFICATION:
Michael Markel, an authorized representative of the property owner has submitted a rezoning
petition and corresponding request to amend the Structure Plan.
Reason for request:
The applicant's written statement includes the following justification for the City Structure Plan
amendment and rezoning:
October 3, 2006 -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.
JOE"K.
One-year extension to the Tract C approval for a neighborhood shopping center approval
granted by Planning and Zoning Board July 27, 1987.
• 1997
The City Plan Structure Plan Map was adopted. The map identified a red "dot" on the Pine
View property, signifying the location of 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 Board evaluated a previous Structure Plan Amendment/Rezoning
request on this property to "switch" portions of the NC and MMN districts on the subject
property, moving a portion of the NC district to the comer of Harmony Road and South
Shields Street, and unanimously recommended (6-0) that the City Council approve the
request. The requested land area proposed for NC designation was 17.9 acres.
• A2:1 18, 2006
City Council disagreed with the Planning and Zoning Board, denying the previous Structure
Plan and Rezoning application on a split vote (4-3). Expressed rationale for the denial was:
1. The loss of predictability for residents reliant on the adopted zoning pattern when
they purchased their property;
2. Potential diminution of surrounding residential property values; and
3. Economic factors are not appropriate grounds for land use planning decisions.
• July 13, 2006
Markel Homes submitted a revised request for Structure Plan Amendment/Rezoning. The
revised request is essentially the same as the previously rejected plan. Differences in the
submittal packet include a slight reconfiguration/expansion (0.6 acres added) of the rezoning
area along South Shields Street, a transportation impact memorandum and different written
statement discussing how the request meets the review criteria.
October 3, 2006 -2- Item No. 33 A-B
BACKGROUND
In July 2006, the applicant submitted essentially the same request as the plan previously rejected by
City Council earlier this year.
The surrounding zoning and land uses are as follows:
N: M-M-N Vacant Pine View PUD (expired)
R-L, U-E existing single-family residential (Mountain Ridge Farm Subdivision,
Skyline Acres); Westfield neighborhood park
S: R-L, U-E Existing detached single family residential (Westbury, Ridge,
LMN Cottonwood Ridge Subdivisions), Front Range Community College;
Harmony branch library
E: M-M-N; Existing multi -family residential (Woodlands Condominiums)
R-L detached single family residential (Woodlands)
W: R-L; Existing detached single family residential (Westbrooke, Regency Park
LMN subdivisions); Johnson Elementary, Weber Jr. High School, Dragon's Lair
Wetlands; Harmony LDS Church
elm
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 comer of Shields and Harmony Roads. The approved Master Plan
included the following programmatic breakdown:
Tract A (Phase 1) 326 apartments and condominium units on 26.9 acres
Tract B 77 apartment and condominium units on 14 acres
Tract C Neighborhood Commercial Center on 16.5 acres with 140,000-150,000 square feet
of retail and non-residential uses.
Tract D 97 townhouses and condominium units on 8.1 acres
Tract E 124 townhouses and condominium units on 10.3 acres
• 1983
Preliminary PUD plans for 80 apartment units (Tract B), a 157,500 square foot
neighborhood shopping center (Tract C), including a 45,000 square foot grocery store on
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT
ITEM NUMBER: 33 A-B
DATE: October 3, 2006
STAFF: Cameron Gloss
Items Relating to the Harmony and Shields Rezoning and Amendment to the Structure Plan.
RECOMMENDATION
Staff recommends approval of the amendment to the Structure Plan and zoning map to reconfigure
the pattern of zone districts by relocating designation of NC, Neighborhood Commercial, presently
sited between the proposed Troutman Parkway extension and Wake Robin Lane, to the northwest
corner of Harmony Road and Shields Street where it would be centered on Wake Robin Lane.
The Planning and Zoning Board voted 6-1 to recommend approval of the plan amendment and
requested rezoning.
EXECUTIVE SUMMARY
A. Resolution 2006-104 Amending the City's Structure Plan Map.
B. First Reading of'Ordinance No. 161, 2006, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Harmony and Shields Rezoning.
APPLICANT: Michael Markel
5723 Arapahoe Avenue #213
Boulder, CO 80303
OWNER: Darrell Knudson
17731 Irvine Blvd., Suite 202
Tustin, CA 92781
This is a request to amend the Structure Plan map and rezone a 58 acre parcel located on the west
side of South Shields Street, north of Harmony Road. The rezone would essentially "switch"
portions of the area zoned NC, Neighborhood Commercial, presently located in between the
proposed Troutman Parkway extension and Wake Robin Lane, with portions of the area zoned
Medium Density Mixed Use Neighborhood district. The resulting zone districts would include an
NC -zoned parcel at the northwest comer of Harmony and Shields with the balance of the site zoned
M-M-N, Medium Density Mixed Use Neighborhood.