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HomeMy WebLinkAboutTIMAN PROPERTY (FORMERLY FRONT RANGE) - REZONE & STRUCTURE PLAN AMENDMENT - 3-00B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSRespectfully submitted 00, � �C.OTT StNw Au.a. 20, ZOot STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this — day of 2002, by .O/% 4A h e for the purposelerin set forth. My commission expires s achieved by directing future developments to mixed -use neighborhoods and districts while reducing the potential for disbursed growth not conducive to pedestrian and transit use and cohesive community development Analysis: The proposed shopping change of zone will allow for a grocery store and associated uses. This proposed use will allow an existing, as well as new neighborhoods, to have immediate and nearby access to uses that will, in effect, reduce disbursed growth by creating a mixed use neighborhood. The neighborhood will be comprised of existing residences together with new housing, which will occur on a portion of the remainder of the Timan property. Together the net result will be to combine a historic suburban type of neighborhood together with new residential and commercial to create a true mixed -use development thereby contributing to a compact form of growth. b. Principle LU-2: City Plan and the Structure Plan envision neighborhood centers located at approximately 1-mile intervals. The nearest neighborhood center is 2 miles away. The city will maintain and enhance its character and sense of place as defined by its neighborhoods, districts, corridors, and edges. LU-2.1 The City will adopt a city-wide structure of neighborhoods, districts, corridors, and edges as a means of creating identifiable places and achieving the goals of compact development that is well -served by all modes of travel. Analysis: The central location within the existing neighborhood and the proposed MMN zoning adjacent to the grocery store will help create an identifiable place for the surrounding community. The location of the property along the College Avenue transit corridor along with the compact development will allow for the property to be served by all modes of transportation. c. Principle T-1: The physical organization of the city will be supported by a framework of transportation alternatives that maximize access and mobility throughout the city, while reducing dependence upon private automobile travel. Analysis: The proposed zone change will encourage the use of alternative transportation uses. The grocery store and associated commercial uses proposed for the Timan property are located directly adjacent to a fully developed neighborhood. This close distance between the two entities will encourage people to walk or ride a bike to the proposed grocery store. Transit stops are proposed for the property to encourage to use transit to access the neighborhood center. Names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezone are included with this submittal. 0 EXHIBIT `B" Front Range Limited Partnership, An Arizona Limited Partnership — Rezoning Application Attachment Trilby Road and College Avenue Owners having a legal/equitable interest in the property Front Range Limited Partnership, an Arizona Limited Partnership MAIA Corporation, an Arizona Corporation, Its General Partner 4720 North Campbell Avenue Unit M Tucson, AZ 85718 Tel. 520.299.2006 ext. 11 Fax. 520.299.2704 Reason for Reauest: Front Range Limited Partnership, an Arizona Limited Partnership is requesting to amend the City Structure Plan and Rezone their property located northwest of Trilby Road and College Avenue. The property is currently zoned C-Commercial, Neighborhood Commercial Center (N- C) and Medium Density Mixed -Use District (M-M-N). The request is for redistribution of the current zoning districts. (See the attached legal descriptions.) Hunt Properties, Inc. has entered into an agreement with the Front Range Limited Partnership, an Arizona Limited Partnership, to purchase the property pending development approval. In accordance with Section 2.9.4(H)(2)(b) of the City of Fort Collins Land Use Code, this letter is a formal request to rezone the Timan property, located at the southwest comer of the intersection of Skyway Dr. and College Avenue. This change of zone is "warranted by changed conditions within the neighborhood surrounding and including the subject property." This change of zone is being requested for the following reasons: 1.) The surrounding neighborhoods have been fully developed and the closest supermarket is the King Soopers on Harmony Road approximately 2 miles away. The standard service radius for a grocery store is typically 1-mile. The older existing neighborhoods have normally had to drive to the King Soopers, which adds congestion to College Avenue and other City streets. Prior to the opening of King Soopers several years ago, some of these residents have had to in the past commute 3 — 4 miles to either Steeles by the Foothills Mall or to the Steele's on Harmony and Lemay. The proposed rezone allows neighbors to have access without increasing congestion within the City. 2.) The proposed rezone helps to implement the policies of City Plan in the following ways: a. Principle LU-1: Growth within the city will promote a compact development pattern within a well-defined boundary. LU1.I The desired urban form will be SOUTH ONE-CUARTER CORNER �SEC 11-6-69, RECOVERED 2 1/2' BRASS CAP MARKED 'PLS 14825' ' IN A RANGE BOX 43 O ti ?W2 �2 ti 0I • � � N N0174 55'W 5/6.91 a pal o m b j �3 PROPOSED ZON/NC. COMMERCIAL R 916,626 SF bb M1 (21.043 AC) wl~ N0173,lB"W *1.9 � S0071'341f 170502• t9.1 EAST [NE OF WE SOU NEAST CWC-OUARTER CY SEC7ICW 11-76N-R69W N S H/CHWAY / 287 S007132Y 260902' PDar OF COMMENCEMENTU. SOUTHEAST CORNER SEC 11-6-69, (COLLEGE AVENUE) -RECOVERED 3 1/4- BRASS CAP MARKED "COLO DEPT OF HIGHWAYS' PLS ILLEGIBLE w NOTE: THIS DRAWING DOES NOT REPRESENT A u MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED 0 LEGAL DESCRIPTION. a 200 100 0 200 400 SCALE: 1" = 200' EXHIBIT 'A' PROPOSED COMMERCIAL ZONING 08/06/02 N00%ol le 229.08' �O A 2 EAST ONE-OUARTER CORNER SEC 11-6� RECOVERED 3 1/i BRASS CAP MARKED 'COLO DEPT OF HIGHWAYS' PLS LLEGIHF J"R ENGINEERING A 6ubsidwy awamanl 2620 E Rasped R1, Ste EO•Ft Ctrs OD 8M 970-4%-M-Fax 970-4 9%4 wwwlelwP9corn "Exhibit A" Commercial LEGAL DESCRIPTION PROPOSED COMMERCIAL A PARCEL LYING WITHIN THE SOUTHEAST ONE -QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2 1/2" BRASS CAP MARKED "PLS 14825" IN A RANGE BOX, AND AT THE EAST END BY A 3 1/4" BRASS CAP MARKED "COLO DEPT OF HIGHWAYS" (PLS NUMBER IS ILLEGIBLE), IS ASSUMED TO BEAR S88°36'42"W, WITH A DISTANCE OF 2563.01 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTHEAST ONE -QUARTER CORNER OF SAID SECTION 11; THENCE S88°36'42"W, ON THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER, A DISTANCE OF 49.46 FEET; THENCE NO1°23'18"W, A DISTANCE OF 29.94 FEET, TO THE INTERSECTION OF THE NORTH RIGHT OF WAY OF COUNTY ROAD #34 (TRILBY ROAD) AND THE WEST RIGHT OF WAY OF U.S. HIGHWAY #287 (COLLEGE AVENUE), AND THE POINT OF BEGINNING; THENCE S8803642"W, ON SAID NORTH RIGHT OF WAY, A DISTANCE OF 671.84 FEET; THENCE N0102455 "W, A DISTANCE OF 516.91 FEET; THENCE N19012'46"E, A DISTANCE OF 1032.51 FEET; THENCE NOO°43'33"E, A DISTANCE OF 229.08 FEET; THENCE N89024'13"E, A DISTANCE OF 331.03 FEET, TO THE SAID WEST RIGHT OF WAY; THENCE SOO°21'34"E, ON SAID WEST RIGHT OF WAY, A DISTANCE OF 1708.02 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 916,626 SQUARE FEET OR 21.043 ACRES. I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, I0 RRECT. '3 �%A o�j- DAVID P. ROB '$19.ROFESSIOjd SURVEYOR COLORADO PLS � im...... AF FOR AND ON THE. AIiO GINEERING. LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. I, NOROW UNC Orr THE SOUTHEAST CWE-OUARIrR SECROV 11-76N-R69W PONr OF commoovinfiewr EAST ONE-OUARTER CORNER SEC 11-6-69, NOTE: RfCOWRED J 1/I' BRASS CAP MARKED THIS DRAWING DOES NOT REPRESENT A "18-QJ'07rY2't 2574..18' SKYWAY OR/VE 'CIXO DEPT OF H/GYWA YS' PIS 1IIEGBIEMONUMENTED SURVEY AND IS ONLY �'Q`�`�� — — — — SOO I131'w J9.05'�y1 INTENDED TO DEPICT THE ATTACHED CENTER CF SEC LEGAL DESCRIPTION. ALUMINUM �RfCOKRf01�ALUM/NUM S6975'08"r 96266, S89:77II�W CAP MARKED PIS 2J51J' POwr pr 42.04' /N A RANGE BOX &cwAmw I n b INZ PROPOSED ZONING: NMHBORHOOD COMMERCIAL a a 13 Q n 781,928 SF g i 2 (17.951 AC) g V W - J iN 200 100 0 200 400 0 S8934010"W 340.00' e n " . SCALE: 1" = 200' g I i W h h NI I 2 S8974'IJ'W 620.00' �I W I EXHIBIT "A" NEIGHBORHOOD COMMERCIAL iI I 08/06/02 I J•R ENGINEERING / SOUTHEAST CORNER SEC 6 11--69. A Subsidiary of Wasbian RECOWERED J 1/I" BRASS LAP MARKED "COO DEPT Or H/GNwAYS' 1 2620 E PfOSpEd k SIC 90• Fl Colm 00 8M I PIS ucEGBCE 970-49F-W-Fax 970-4%-M I, I wwwfaq-wrxj= "Exhibit All Neighborhood Commercial LEGAL DESCRIPTION NEIGHBORHOOD COMMERCIAL A PARCEL LYING WITHIN THE SOUTHEAST ONE -QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARRAER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2" ALUMINUM CAP MARKED "PLS 23513" IN A RANGE BOX, AND AT.THE EAST END BY A 3'/4" BRASS CAP MARKED "COLO DEPT OF HIGHWAYS" (PLS NUMBER IS ILLEGIBLE), IS ASSUMED TO BEAR N89037'42"E, WITH A DISTANCE OF 2574.18 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 11, THENCE S89037'42"W, ON THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, A DISTANCE OF 42.04 FEET; THENCE SOO°44'5T W, A DISTANCE OF 39.05 FEET, TO THE SOUTHERLY RIGHT-OF-WAY OF SKYWAY DRIVE, AND THE POINT OF BEGINNING; THENCE S0002276"E, ON THE WEST RIGHT OF WAY LM OF U.S. HIGHWAY # 287 (COLLEGE AVENUE), A DISTANCE OF 900.00 FEET; THENCE S89°24'13"W, A DISTANCE OF 620.00 FEET; THENCE N01026'20"W, A DISTANCE OF 300.00 FEET; THENCE S89054'00"W, A DISTANCE OF 340.00 FEET; THENCE NO1°57'21"W, A DISTANCE OF 620.31 FEET, TO THE SOUTHERLY RIGHT-OF-WAY OF SAID SKYWAY DRIVE; THENCE S89015'08"E, ON SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 982.88 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 781,928 SQUARE FEET OR 17.951 ACRES. I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREP MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, _ 6W� ERBELIEF, ARE CORRECT. DAVID P. ROB ; pROFESSj+fJl� LAND SURVEYOR COLORADO P ��. 26M--*'� J2J FOR AND ON T BNB ENGINEERING, LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. W SOUTH ONE-GUARTER CORNER -SEC 11-6-69, RECOVERED 2 1/2' BRASS CAP MARKED 'PLS 11825' IN A RANGE BOX •; _ o M ah Wh ~ N :'0124'S5-' 516.91' n V017J'18'W 29. 94' 2 p � i ila Q I � �l r4 h J � V hI iI L NO15721 "W 2024.06' PROPOSED ZONING MMN (MIXED DENSITY, MIXED —USE NEIGHBORHOOD) 785,417 SF (18.OJI AC) EAST LM'E OF We SOY/THEASI CWE-OUARIER OF SECRLW 11- J6N-R69W U.S. HIGHWAY / 287 POWT OF COMMENLEYENT SOUTHEAST CORNER SEC 11-6-69. (COLLEGE AVENUE) RECOVERED 3 1/4- BRASS CAP MARKED 'COLO DEPT OF HIGHWAYS' PLS ILLEGIBLE NOTE: THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. 200 100 0 200 400 SCALE: 1" = 200' S0021'527 2608..02' V - �t q N �N 2 S001JW"W 2"..08' EAST ONE-GUARTER CORNER SEC 11-6-69 (RECOVERED 3 1/i BRASS CAP MARKED 'COLO DEPT OF HIGHWAYS- PLS ILLEGIBLE J•R ENGINEERING EXHIBIT "A.• AsubWchwyofWavml MMN MIXED DENSITY, MIXED -USE NEIGHBORHOOD 08/06/02 2620 E RospB7 k Se 19D• Ft Cabs, CO 90i25 970-4%-M- Fax 97(M91-9W w'A9g9r'^9corn "Exhibit A" Medium Density Mixed -Use Residential LEGAL DESCRIPTION PROPOSED ZONING: MMN A PARCEL LYING WITHIN THE SOUTHEAST ONE -QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 11, BEING MONUMENTED AT THE WEST END BY A 2 1/2" BRASS CAP MARKED "PLS 14825" IN A RANGE BOX, AND AT THE EAST END BY A 3 '/a" BRASS CAP MARKED "COLO DEPT OF HIGHWAYS" (PLS NUMBER IS ILLEGIBLE), IS ASSUMED TO BEAR S88036'42"W, WITH A DISTANCE OF 2563.01 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTHEAST ONE -QUARTER CORNER OF SAID SECTION 11; THENCE S88°36'42"W, ON THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER, A DISTANCE OF 721.30 FEET; THENCE NOl°23'18"W, A DISTANCE OF 29.94 FEET, TO THE NORTH RIGHT OF WAY OF COUNTY ROAD #34 (TRILBY ROAD), AND THE POINT OF BEGINNING; THENCE S88036'42"W, ON SAID NORTH RIGHT OF WAY, A DISTANCE OF 237.56 FEET; THENCE N01057'2 VW, A DISTANCE OF 2024.06 FEET; THENCE N89-54'00"E, A DISTANCE OF 340.00 FEET; THENCE SOl°26'20"E, A DISTANCE OF 300.00 FEET; THENCE N89024' 13"E, A DISTANCE OF 288.97 FEET; THENCE S00-43'33"W, A DISTANCE OF 229.08 FEET; THENCE S 19012'46"W, A DISTANCE OF 1032.51 FEET; THENCE SOl°24'55"E, A DISTANCE OF 516.91FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 785,417 SQUARE FEET OR 18.031 ACRES. I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED i SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION,iCi RRECT. DAVID P. ROB F+j�P�20FESSIOj�i SURVEYOR COLORADO PLS c(`3T� �35...••• JQJ FOR AND ON THE 4 GINEERING, LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. N 6a wmmd� CITY OF FORT COLLINS REZONING PETITION Petitioner: FRONT RANGE LIMITED PARTNERSHIP, AN Arizona Limited Partnership Name: MAIA CORPORATION, AN Arizona Address: 4720 North Campbell Ave. Unit M Tucson, AZ 85718 Telephone: 520-299-2006 Fax No.: 520-299-2704 Owner: Same as Petitioner Above Name: Address: To the City of Council of the City of Fort Collins, Colorado. I (We), the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel, containing 57 acres, more or less, from its existing configuration of MMN, N- C, and C zoning districts to the proposed configuration of MMN, N-C, and C zoning districts. (Legal description) SEE EXHIBIT "A" of neighborhood together with new residential and comercial to.create a true mixed use development thereby contributing to a compact form of growth..' b. Principle LU-2: ' The city will maintain and enhance its character and sense of place as.defined by its neighborhoods, districts,. corridors, and edges. LU 2.1 The City will adopt a city-wide structure of neighborhoods, districts, corridors, and edges as a means of creating - identifiable places and achieving the goals of compact development that is well -served by all modes of travel. Analysis; The central location within the existing neighborhood and the ` proposed MMN zoning adjacent.to the grocery store will help create an identifiable place for the surrounding community., The location of the . property along the College Avenue transit corridor along with the compact - = - developmeni will allow for the property to be served by all modes of: transportation. . C. Principle T-1: The physical organization of the city will be'supported by a framework of transportation alternatives that maximize access and mobility throughout the city, whilereducingdependence upon private automobile travel. Analysis: The proposed,zone change will encourage the use of alternative transportation uses. The grocery store and associated commercial uses proposed for the Timan property'are located, directly adjacent to a fully ' developed neighborhood. This close distance between the two entities may encourage people, to walk or,ride a bike to the proposed grocery store. Transit stops -are proposed for the property to encourage people in the surrounding neighborhoods to take a short bus ride to the proposed grocery store., Thank you for considering the request for rezoning of the Timan property. Please feel free to contact our office if there are any questions. Sincerely, bha design inc. by Scott Sinn • - LANDSCAPE ARCHITECTURE August 9, 2002 URBAN DESIGN C� - PLANNING _ 'Mr. Cameron Gloss Director of Current Planning " City of Fort Collins . 281 N. College Avenue _ Fort Collins, CO 80522 Re' Change of Zone Request for the Timan Property BHA DESIGN.-INC. . /`� - 4803 INNOVATION DRIVE - ,Dear Cameron, - + • _ _ FT, COLLINS; CO 80535 TEL 970 333.7577 In accordance with Section 2.9.4(H)(2)(b) of the City of Fort Collins Land Use Code, this FAX " "' 182 J letter is a formal request to rezone the Timan property, located at the southwest comer of the intersection of Skyway Dr. and College Avenue. This change of zone is "warranted . by changed conditions within the neighborhood surrounding and including the subject property." This change of zone is being requested" for the following reasons: 1.) The surrounding neighborhoods have been'fully developed and the closest , supermarket is the King Soopers on Harmony Road approximately 2 miles away. The standard service radius for a grocery store is typically 1-mile. The older. existing neighborhoods have normally had to drive, to the King.Soopers which adds congestion to College Avenue and other City streets. Prior to the opening of King Soopers several years'ago, some of these residents have had to in the past commute 3 ' 4 miles"to either Steeles by the Foothills Mall or to the Steele's on Harmony and.Lemay. The proposed rezone allows neighbors to have access without increasing. congestion within the City. " 2.) The proposed rezone helps to implement the, policies of City Plan in the following ways: a. Principle LU-]:*Growth within the city will promote a compact , development pattern within a well-defined boundary. LU1.1 The desired urban form will be achieved by directing future developments to mixed-. use neighborhoods and districts while reducing the potential for disbursed growth not conducive to pedestrian and transit use and cohesive community development Analysis: The proposed shopping change of zonewill allow for a grocery store and associated uses. This proposed use will allow a, existing as well as new neighborhoods to have immediate and nearby access to uses that will, in effect, reduce disbursed growth by creating a mixed use neighborhood. The neighborhood will be comprised of existing residences together, with new housing which will occur on a portion of the remainder of the. Timan property. Together the net result will be to combine a historic suburban type' wl L� .O.I. 0 6U w m 1F EZONF' APPLICATIOPT TIMAN PROPERTY SUMET / OF AWt US 8 9002 No Text Timan Property Rezoning and Structure Plan Amendment (formerly Front Range Rezoning) #3-006 September 19, 2002 P & Z Meeting Page 5 Yes, as the recently approved request was consistent, this rearrangement is equally consistent. Will the rezoning have adverse effects on the natural environment? No. Under either existing or proposed zoning, the same standards for protecting the natural environment will apply. The zone districts all allow fairly intensive development, with no foreseeable differences in intensity or impacts of the current arrangement as opposed to the requested arrangement. Will the rezoning result in a logical and orderly development pattern? Yes, as the recently approved request was consistent, this rearrangement is equally consistent. FINDINGS OF FACT/CONCLUSIONS After reviewing the Timan Property Rezoning and Structure Plan Amendment, File #3-OOB, staff makes the following findings of fact and conclusions: This request for a Structure Plan Amendment adequately demonstrates a need to change the designation, based on the preclusion of a supermarket development footprint within the area currently designated as Neighborhood Commercial. The request is consistent with the City's Comprehensive Plan due to the central location relative to residential development; the opportunity for good collector street access (Skyway Drive) to and from neighborhoods; good non -College Avenue access (Trilby Road) to and from neighborhoods, requirements for a street system linking Skyway and Trilby across the property; and the co -location of NC and MMN designations. 2. This rezoning request is consistent with the City's Comprehensive Plan based on the Structure Plan amendment. 3. The proposed rezoning would not result in adverse impacts on the natural environment. The proposed rezoning would result in a logical and orderly development pattern. Timan Property Rezoning and Structure Plan Amendment (formerly Front Range Rezoning) #3-OOB September 19, 2002 P & Z Meeting Page 4 (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property." The above criteria are found in subsection 2.9.4[H][2] of the Land Use Code outlines mandatory requirements for quasi-judicial rezonings. In addition, the following subsection 2.9.4[H][3] lists additional factors that may be considered along with the mandatory requirements for this type of quasi-judicial rezoning, as follows: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment'; and (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." S. Staff analysis - rezoning request. Is the request consistent with the City's Comprehensive Plan? Yes, as the recently approved request was consistent, this rearrangement is equally consistent. Have conditions changed in the neighborhood to warrant the rezoning? No. (However, it is not necessary to find changed conditions to support the rezoning.) Is the rezoning request compatible with existing and proposed uses surrounding the subject land and is it the appropriate zoning district for the land? Timan Property Rezoning and Structure Plan Amendment (formerly Front Range Rezoning) #3-0013 September 19, 2002 P & Z Meeting Page 3 3. Staff Evaluation - Structure Plan Amendment The reasons for the recently approved designations on the site apply to the requested arrangement as well. Briefly, the subject location offers: a) a location central to residential development; b) the opportunity for good collector street access (Skyway Drive) to and from neighborhoods east and west; and c) good non -College Ave. access (Trilby) to and from neighborhoods east and west. The key to b) and c) is a required on -site street system linking Trilby to Skyway. The applicants have stated that they understand the policies for N-C and M-M-N, and have done enough conceptual evaluation to confirm that the designations could work, and the natural resources could be protected. Staff finds no new negative considerations regarding the request for rearranged Structure Plan and zoning designations. However, the natural resources on the property will require a very careful, sensitive approach to development, and the larger buffer area will limit the intensity of any development program for the property. This would be the case regardless of the land use designations. Support for the Structure Plan and zoning designation does not address the suitability of land for development; and it must not be construed as support for any particular development plan. The request would reallocate acreages as follows: Current Zoning Proposed Zoning NC 21 18 MMN 22 18 C 14 21 The request would increase the acreage designated as C, Commercial with a minor decrease in both NC and MMN designations compared to the existing arrangement. The increased C designation is offset by the fact that the mature cottonwoods with hawk nesting and roosting sites would be located within the C designation. Support for this request hinges on the expectation that this resource will be preserved. 4. Rezoning Request In order to recommend approval of this proposal, staff and the Planning and Zoning Board would have to find that the rezoning is: Timan Property Rezoning and Structure Plan Amendment (formerly Front Range Rezoning) #3-OOB September 19, 2002 P & Z Meeting Page 2 found both to be acceptable. Access and relationships to surrounding neighborhoods are similar, given a required street system, which would link Trilby Road and Skyway Drive across the property. The reason for this request is that hawk nesting and roosting sites have been discovered within the currently designated NC and MMN areas, and the Natural Resources buffer to protect them would preclude the supermarket -anchored development which is the focal point of this whole set of designations. Given the natural habitat constraints present on the site, staff supports the requested change to the Structure Plan and zoning designations. BACKGROUND AND EXPLANATION: 1. The Site: The site proposed for rezoning is currently an occupied farmstead, with one home and several outbuildings. The property includes a separate, 4-acre home lot with sheds and outdoor storage, currently in commercial use at the corner of College and Trilby. Adjoining existing zoning and land uses are as follows: N: Larimer County C, FA: suburban subdivision: hwv. commercial strip S: Larimer County C, FA: large lot sub; 2 lots converted to commercial E: Larimer County C: highway commercial strip W: Larimer County FA: suburban subdivision: supported living facilitv The property was annexed into the City of Fort Collins as part of the Timan First Annexation on June 7, 1988. 2. Context of the Proposed Structure Plan Amendment The City Structure Plan is the primary basis for zoning decisions. An amendment is a prerequisite to this rezoning request. To recommend approval of this proposal, staff and the Planning and Zoning Board have to find that: 1) the existing Structure Plan is in need of change; and 2) the proposed changes would promote the public welfare and be consistent with the vision, goals, principles, and policies of City Plan. These are the applicable criteria, contained in Appendix C of City Plan. ITEM NO. 5 MEETING DATE 9 19 02 STAFF Steve Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Timan Property Rezoning and Structure Plan Amendment (formerly Front Range Rezoning) #3-0013 APPLICANT: Front Range Limited Partnership, MAIA Corp. 4720 North Campbell Avenue, Unit M Tucson, AZ 85718 OWNERS: Front Range Limited Partnership, MAIA Corp. 4720 North Campbell Avenue, Unit M Tucson, AZ 85718 PROJECT DESCRIPTION: This is a request to amend City Structure Plan designations on a 57-acre property, located on the west side of South College Avenue, from Trilby Road to Skyway Drive; and to rezone accordingly. The amendment is essentially a north - south -flipped rearrangement of the designations currently in place on the site. The resulting change moves the Neighborhood Commercial designation from the northwest corner of College/Trilby to the southwest corner of College/Skyway. The current designations were recently approved, on January 15, 2002. The proposed designations include about 18 acres of Neighborhood Commercial Center (NC) at the College/Skyway corner; about 18 acres of Medium Density Mixed -Use Residential Neighborhood (MMN) extending south to Trilby Road on the western half of the site; and about 21 acres of Commercial Corridor (C) along the east half of the site fronting College Avenue. RECOMMENDATION Approval. EXECUTIVE SUMMARY: The essence of this change is moving the supermarket -anchored Neighborhood Commercial Center from the Trilby/College intersection (an arterial/arterial) to Skyway/College (a collector/arterial). This proposed arrangement was considered during discussions of the currently approved arrangement -- and staff COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT