HomeMy WebLinkAboutRIGDEN FARM, TRACT A REZONING - 56-98AP - SUBMITTAL DOCUMENTS - ROUND 1 - REZONING RELATED DOCUMENTi
Rigden Farm Tract A N-C Rezoning Request
family dwelling. Rezoning Tract A to N-C will allow the addition of a restaurant to complement the uses
permitted by either the existing M-M-N or the proposed N-C zoning.
The Petitioner believes the architecture typical of quality restaurants will provide a more inviting entrance
facade that is more compatible in scale with the surrounding neighborhood than a three-story office
building which is a permitted use within the M-M-N zone district.
The Petitioner does not believe the rezoning will divert a restaurant from one of the internal pad sites.
The internal pad sites are not exposed to the traffic counts desired by the national restauranteurs. If
anything, presence of a quality restaurant on this site will provide more exposure to the businesses
internal to the balance of the site.
Summary: Specific to the findings required in Section 2.9.4(H) of the Fort Collins Land Use Code to
support a rezoning request, the Petitioner believes:
• The request is consistent with the City's Comprehensive Plan as required by Section
2.9.4(H)(2)(a). If the Structure Plan amendment is supported, then the rezoning logically follows.
• Conditions have changed in the neighborhood to warrant the rezoning (Section 2.9.4(H)(2)(b)), as
described earlier in this request. The October 2002 ODP amendment and the October 2006 New
Dawn rezoning removed a total of 12.6 acres from Rigden Farm N-C zoned area. The Tract A
rezoning request will add 4.5 acres to the N-C zone area. The cumulative effect of the changes is
an 8.14 acre or 23% reduction in the Rigden Farm N-C zone area. Rezoning Tract A to N-C will
have no negative impact relative to the original intended Rigden Farm N-C area designation.
• The rezoning request is compatible with the existing and proposed uses surrounding the subject
land and is an appropriate zoning district for the land, as required by Section 2.9.4(H)(3)(a). A 50
to 200 foot landscaped buffer borders the majority of the west property boundary adjacent to
Timberline Road, a major arterial street. Custer Drive, a major collector, is on the north boundary
border. Uses immediately north of Custer Drive include a bank, gas pumps, oil change business,
and car wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline
Church parking lot to the south. This change in zoning is a logical extension of the zoning from
the north and can be appropriately buffered with a landscape buffer for the uses on the other
property boundaries.
• The rezoning will have no adverse effect on the natural environment as required by Section
2.9.4(H)(3)(b). The same standards for protecting the natural environment will continue to apply.
• The rezoning results in a logical and orderly development pattern, as required by Section
2.9.4(H)(3)(c). As described earlier, the proposed change results in a logical extension to the N-C
district, shifts the zone boundary location from mid -street to mid -block, allowing like uses to face
like uses as encouraged by the city plan. Uses typical of the N-C zone district are more
compatible with the non-residential uses, some of which are intensive, located adjacent to the
Tract A property boundary.
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Rigden Farm Tract A N-C Rezoning Request
Given the orientation of King Soopers with the rear of the building oriented to Drake Road, Custer
Drive has become the defacto primary entrance into The Shops at Rigden Farm, the neighborhood
center. This should have resulted in Tract A becoming one of the initial sites to be developed.
However, market demand has not prevailed in this case, in spite of the location. Rezoning to N-C
will serve to increase the market demand for and usage of this site.
5. Timberline Church was built on the L-M-N zoned property adjacent to the Tract A south property
boundary. The City Plan intent desires that an M-M-N district serve as a buffer between the N-C
district and surrounding lower density residential development. Tract A was initially designed M-
M-N to achieve this desired buffer. In this case, Timberline Church serves that same purpose on
the south property boundary, given places of worship or assembly are permitted uses in both the
L-M-N and M-M-N zone districts and the Timberline Church parking lot is adjacent to Tract A
south property boundary.
The Rigden Farm developer has dedicated 0.5 acres on Tract A's west property boundary as an
entry feature parcel. This parcel is now owned by the Rigden Farm Master Association. With the
exception of the south 30 feet of the west property line, this entry feature parcel ranges from 50
feet in width (west to east) to over 200 feet in width and includes a landscape berm. This parcel,
in combination of Timberline Road, a major arterial, serves to provide a significant buffer for the
residential neighborhood to the west.
The combination of Timberline Church and the entry feature parcel eliminates the need for Tract
A to serve as a buffer between the N-C uses and lower density residential uses.
6. The Shops at Rigden Farm have now defined the neighborhood center, with a presence established
on Illinois Drive. There has been some concern in the past that rezoning Tract A to N-C would
dilute and impact the viability of the commercial town center. While the town center is not fully
in place today, it has been established and the Petitioner does not believe the approximate 2.7 net
acre shift from M-M-N to N-C is of sufficient size to impact the neighborhood center viability.
Combined with the New Dawn Assisted Living Center rezoning from N-C to M-M-N, the net
effect is approximately 0.2 acres, a negligible change in the overall N-C zoned area within Rigden
Farm.
7. A car wash, oil change business and gas pumps have been approved by the City adjacent to Custer
Drive, directly north of this site, resulting in Tract A becoming a marginal residential site. Non-
residential use is more compatible with this intensity of adjacent uses. As the M-M-N zone
district is more restrictive to commercial uses than the N-C zone district, this rezoning will
accelerate the conversion of this vacant parcel into productive use.
8. The city preference is to split zone districts mid -block rather than in the middle of the street.
Rezoning Tract A from M-M-N to N-C satisfies this preference and results in like uses facing like
uses, another City preference.
The Petitioner believes the site would be an excellent restaurant site. The M-M-N zone district does not
support a standard restaurant use. It only permits a limited mixed use restaurant. Per code, a limited
mixed use restaurant shall not exceed 1,500 square feet in gross leasable floor area, must be contained
within or physically abutting a multi -family dwelling, and is clearly subordinate and accessory to a multi -
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Rigden Farm Tract A N-C Rezoning Request
The area designated by the October 2002 amended ODP for N-C uses is 8.74 acres less than
designated by the original ODP. The requested Tract A rezoning is approximately 4.5 gross acres.
The proposed Tract A rezoning from M-M-N to N-C, given the October 2002 8.74 acre decrease,
will not increase the N-C zoned area above that originally designated in the Overall Development
Plan.
2. The New Dawn Assisted Living Center 3.9 acre parcel was rezoned from N-C to M-M-N October
2006. In making this change, the City Staff stated that the 3.9 acres was not a significant loss to
the N-C zone district. By the same reasoning, this rezoning request will only result in
approximately 4.5 acres shifted from M-M-N to N-C, which should also be an insignificant impact
to the overall development intent. In fact, a comparison of the net developable area for each
parcel, excluding the adjacent public street right-of-ways and an entry feature parcel reserved on
Tract A for neighborhood signage, shows the net developable change in N-C area resulting from
the New Dawn Assisted Living Center rezone and the proposed Tract A rezone to be negligible:
New Dawn Assisted Living Center
3.9 gross acres
1.4 acres street ROW
0.0 acres entry feature parcel
2.5 acres net rezoned N-C to M-M-N
Tract A
4.5 gross acres
1.3 acres street ROW
0.5 acres entry feature parcel
2.7 acres net rezoned M-M-N to N-C
The cumulative changes, including the October 2002 amendment to the ODP, the New Dawn
Assisted Living Center rezoning, and the requested Tract A rezoning, results in a 23% reduction in
N-C area from the original ODP approved in 1999. This reduction in N-C area supports the Tract
A rezoning to replace a portion of the N-C zone area lost since the original ODP.
Original ODP 35.26 acres zoned N-C
October 2002 ODP amendment 26.52 acres zoned N-C
Less New Dawn rezoning 3.90 acres zoned M-M-N from N-C
Plus Tract A requested rezoning 4.50 acres zoned N-C from M-M-N
Current N-C zone area 27.12 acres zoned N-C, a 23% reduction
3. Tract A, known as Parcel D in the Rigden Farm ODP, was originally designated for one of the
following uses: long term care facility, child care facility, or multi -family residential. The intent
for Tract A use was satisfied by the New Dawn Assisted Living Center October 2006 rezoning.
In addition to the requested Tract A rezoning being essentially equivalent in area to the New Dawn
October 2006 rezoning, Tract A rezoning will maintain the balance of designated uses when
considered along side the New Dawn Assisted Living Center long term care facility use.
4. Tract A is the only M-M-N zoned parcel in Rigden Farm that has not sold and closed. All other
M-M-N zoned parcels either have existing businesses or are under development. There is only
one N-C zoned parcel that has not sold and closed. A development application has been submitted
for that parcel (The Center at Rigden Farm), with that parcel currently under contract to close in
2007. A second N-C zoned parcel, located adjacent to the north boundary of The Center at Rigden
Farm, is currently undeveloped.
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Rigden Farm Tract A N-C Rezoning Request
The following serves as the rationale for rezoning and associated Structure Map modification for the
Rigden Farm Tract A parcel from M-M-N — Medium Density Mixed -Use Neighborhood District to N-C —
Neighborhood Commercial District.
Relevant City Plan Goals: Our Neighborhood Centers with a mix of retail, office and service uses will
be designed as pedestrian -oriented gathering spaces to reflect the identity, scale, and character of the
surrounding residential neighborhoods, while providing the goods and services necessary to sustain the
neighborhood. Neighborhood Commercial Centers typically contain a grocery store or supermarket.
The appearance and function of these centers will be effectively integrated with the overall street pattern,
design, and scale of the surrounding neighborhood, not segregated from it. They will be located and
designed in a manner that fosters transit service for the Center and surrounding neighborhoods.
Purpose of the N-C Zone District: The Neighborhood Commercial is intended to be a mixed -use
commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose
of the District is to meet consumer demands for frequently needed goods and services, with an emphasis
on serving the surrounding residential neighborhoods typically including a Medium Density Mixed -Use
Neighborhood. This district is intended to function together with a surrounding Medium Density Mixed -
Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density
neighborhoods. The intent is for the component zone districts to form an integral, town -like pattern of
development with this District as a center and focal point; and not merely a series of individual
development projects in separate zone districts.
Current Conditions: The majority of the Rigden Farm Neighborhood Commercial District area has
been developed. The intent of the Neighborhood Commercial District has essentially been realized, with
an existing "neighborhood center" in place and functional. The Shops at Rigden Farm contain a number
of existing businesses, including King Soopers serving as the center's anchor as well as retail, financial,
auto service and fast food restaurants. Development plans are in process for the one of the two
undeveloped N-C parcels and the adjacent M-M-N parcels. These plans include The Center at Rigden
Farm, a commercial project, New Dawn Assisted Living Center and The Brooklyn Park Row Homes. A
vicinity map is attached to this document, illustrating the relative location of the existing and proposed
uses.
Justification: A number of conditions have changed since the initial Rigden Farm Overall Development
Plan was approved in 1999 which justify this rezoning request. The changed conditions include:
1. The initial Overall Development Plan (ODP) designated the following for Neighborhood
Commercial (N-C) uses:
32.09 acres supermarket, pharmacy, offices, retail, multi -family residential
3.17 acres civic block, park, church, day care
An amendment to the ODP was recorded October 28, 2002, designating the following areas for N-
C uses:
23.35 acres neighborhood commercial center, supermarket, pharmacy, offices, retail,
services, restaurants, multi -family residential, or any other use allowed by N-
C zoning
3.17 acres park, church day care, transit center
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