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Home My WebLink AboutRIGDEN FARM, TRACT A REZONING - 56-98AP - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSRigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 5 Residents should be able to easily get to the Center without the need to use an arterial street. The City Structure Plan illustrates a future that uses neighborhoods as the primary building block to the community. Successful residential districts rely on the ability to support and benefit from a grocery store and other frequent destinations for its residents. These essential services are provided to residential districts in "Neighborhood Commercial Centers" which are denoted on the Structure Plan as a red square, rectangle or polygon. Such centers are intended to serve as a true focal point for surrounding neighborhoods through not only goods and services but the provision of public gathering spaces and other civic amenities. Neighborhood Commercial (NC) centers work in tandem with, and are surrounded by, Medium Density Mixed Use Neighborhood (MMN) zone districts. More intensive uses found within the medium density mixed use areas, such as concentrated housing, are within easy walking distance of services and provide a transition to the surrounding lower density residential areas. Staff Analysis of Structure Plan Amendment Staff has reviewed the applicant's request for the Structure Plan Amendment and found that, in balance, it is consistent with adopted City Plan principles and policies. Replacement of the MMN residential district with an NC district will still allow the subject property to function synergistically with the adjacent Shops at Rigden Farm and nearby residential neighborhoods as envisioned under the Plan. This parcel, even if re -designated Neighborhood Commercial Center, would still be co -located with and adjacent to the existing Neighborhood Commercial Center immediately to the north. Also, this parcel is a part of a 4.5-acre block of land surrounded by streets on three sides. Many of the permitted uses in the Medium Density Mixed -Use Neighborhood District are also found in the Neighborhood Commercial District, and vice versa. Staff finds that the 2.7 acres of undeveloped, developable land are not a significant loss of Medium Density Mixed -Use Neighborhood in this area. Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 4 "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 or pre- existing circumstances such as a major street, major drainageway, or existing development. PRINCIPLE MMN-3: A Neighborhood Commercial Center will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be pedestrian -oriented places as a focal point for the surrounding neighborhoods. Policy MMN-3.1 Land Uses/Grocery Store Anchor. A grocery store, supermarket, or other type of anchor (e.g., drugstore) should be the primary functional offering of these Centers. A mix of retail, professional office, and other services oriented to serve surrounding neighborhoods are the secondary offerings. The Neighborhood Commercial Center will provide locations for some limited auto -related uses. Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be integrated in the surrounding Medium Density Mixed -Use Neighborhood, contributing to the neighborhood's positive identity and image. Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 3 BACKGROUND: 1. The Site: The properties proposed for rezoning are currently an undeveloped 2.7-acre parcel of land in, and a 0.5-acre parcel containing an entry feature for, the Rigden Farm development; and, approximately 1.3 acres of street rights -of -way for South Timberline Road, Custer Drive, and Illinois Drive. The adjoining existing zoning and land uses are as follows: N: NC: existing neighborhood shopping center (Shops at Rigden Farm) S: LMN; existing church (Timberline Church) E: MMN; existing child care, preschool (Seven Oaks Academy) W: RL; existing single-family residential (Meadows East) The property was annexed into the City of Fort Collins as part of the Timberline Annexation in June, 1997. 2. Structure Plan Minor Amendment: The Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic pattern of development, showing how Fort Collins should grow and evolve over the next 20 years. The map currently designates the property as Medium Density Mixed Use Neighborhood (see Attached Map) primarily based on the approved Rigden Farm, Overall Development Plan (ODP). To recommend approval of this proposal, staff and the Planning and Zoning Board have to find that: 1) the existing Structure Plan is in need of change; and 2) the proposed changes would promote the public welfare and be consistent with the vision, goals, principles, and policies of City Plan. These are the applicable criteria, contained in Appendix C of City Plan. Review Criteria for Structure Plan Minor Amendments: Appendix C of City Plan outlines mandatory requirements for public notice, review process and evaluation criteria for minor amendments to City Plan, including Structure Plan map amendments. The Plan text states: Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 2 Several main considerations underlie Staff support for this Structure Plan amendment and rezoning request: 1: A neighborhood shopping center (Shops at Rigden Farm, with a King Soopers supermarket as an anchor) has recently developed directly across Custer Drive to the north. The proposal provides the opportunity to essentially extend the Center onto the subject property as opposed to creating a stand-alone strip commercial development. 2. Reduction in the size of developable land in the Medium Density Mixed - Use Neighborhood District by 3.2 acres will not have a negative impact on the surrounding neighborhood. Only 2.7 acres of the 3.2 acres remain developable, with 0.5 acre being the existing landscaped entry & sign feature into the Rigden Farm development. 3: This property is surrounded on three sides (west, north, and east) by public streets. 4: The property to the south is currently zoned LMN - Low Density Mixed - Use Neighborhood and contains an existing large church (Timberline Church), with parking for approximately 1,000 vehicles, that is planned for expansion (development application pending). The church, a permitted use in almost every zoning district, provides a logical transition between the proposed neighborhood commercial uses on this property and the developable / redevelopable properties south of the church that are currently or would be in the Low Density Mixed -Use Neighborhood and Medium Density Mixed -Use Neighborhood Districts. 5: Residential uses to the west are separated from this property by a major arterial street (South Timberline Road) that is planned for an ultimate 6 lane width, including a wide landscaped median. 6: The property to the east is zoned MMN - Medium Density Mixed -Use Neighborhood. There is an existing child care, preschool facility (Seven Oaks Academy) on the property. ITEM NO. 3 MEETING DATE 3115/07 6iA STAFF Steve Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Rigden Farm, Tract A, Rezoning and Structure Plan Amendment - #56-98AP APPLICANT: Don Tiller 1201 Chickadee Court Fort Collins, CO 80525 OWNERS: Rigden Farm, LLC 1027 West Horsetooth Road, Suite 200 Fort Collins, CO 80526 Rigden Farm Master Association 1001 A East Harmony Road, #357 Fort Collins, CO 80525 PROJECT DESCRIPTION: This is a request to amend the City Plan Structure Plan map and rezone a 4.5 acre parcel located at the southeast corner of South Timberline Road and Custer Drive, in the Rigden Farm development. The current Structure Plan and zoning district designations are Medium Density Mixed -Use Neighborhood. The applicant proposes a Structure Plan amendment to Neighborhood Commercial Center with the corresponding zoning of Neighborhood Commercial (NC) District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This is a Planning & Zoning Board recommendation to City Council on an amendment to the City Plan Structure Plan map and concurrent request for a corresponding rezoning. The amendment to the Structure Plan is found to be consistent with the vision, goals, principles and policies of City Plan. The rezoning satisfies the criteria of Section 2.9.4 of the Land Use Code. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750 PLANNING DEPARTMENT RIGAN FARM TRACT A F .ZONING PROPOSED ZONING �kp MMN LMN E OR E RO 4&LENE CT K 0 a LIMON OR 2 3 RL NC MMN LMN z J N DS[ Z y 2 csu RFtL MMN \ E 500 250 0 500 Feel Legend ZONING PLAN icsu — Medum o�w Ml.Mux rvereneornomR�„er oox+N�.n Raaewlapnnl steel. Pacela ®CCR.OWN� Qmwnmwn QN.IUNfatwoE Gwnmemxl L—_ ��eeiEmWl FOWnue Paevatl line O Ertgbl = NMpeOorXmE LOMp,v�BOO Boner C_, L. D.WV Rerienlul MG011.II,nMy Cmmwdal NpM Cdlge CanewgY Conmawl POWs RrvV �^^� GdnOor i� Ns,pMtlICOC Cwserva0on Wn DenN Tm C ewuva�a C1 NNpXCM�wE corwerveoon Meoium o n Olxoan Ea con...2r Q LneNacmm.rob O Non oen.t, M.e UN N*ghp o Purim OPee larva. JANUARY 5, 2007 00011e1NTY Na Cj~ C J Low �O^vlY Ni.eU Ux NnJbOewcE i� Povn LaOMnMon RIGISN FARM TRACT A F ZONING EXISTING ZONING �Rp MMN LMN __ •------_-- EDR ERD a�lE f.T O 6 G g LIMON OR O 3 0 RL NC MMN j LMN m n P — I RL mm E 500 250 0 500 Feet Legwd ZONING PLAN L Icsu RaaaMopmem--. Seseb Proaia ewmnwn eom�nvor o oowrn..n __ mamnecmom com�ne�eai _. R.rEerNr F. Nlft — R.Imy LiiM O Commwn Canm�ar NpN Cdkge _ -- E newnuornooa Convmuan Bullw LEI la C."R�W low O.nen Q r� OCommwn cameror P.W. Rne N.pMMaoU eemerv.Yon nbiQ.� OMIYY LYWn EYYb a"p� imusma� unrea cam l r�aa o", m..w use mmoi�wn�om r•�oec 01n Lame JANUARY 5, 2007 f-10on•nMy NcrN Ctllep Lew .]envry M�.N-Vae Ne�9a�mom R,,-Come a4on 0 RIGDEN FARM TRACT REZONING VICINITY MAP CT RL EXISTING SINGLE - FAMILY RESIDENCE I PECOS PL i Ro MMN EXISTING MULTI -FAMILY RESIDENTIAL E DRAKE RD SPECTRUM KING SOOPERS INDEPENDENT CAMELOT LIVING FACILITY CLEANERS UNDEVELOPED FABBY'S ¢ WINE d C) 0 SPIRITS w LIMON DR 3 O THE SHOPS COFFE 0 O� O RIGDEN FARM NE p co Y COST ? Q NEW DAWN O CUTTERS THE CENTER P2 ASSISTED LIVING r RIGDEN FARM (PROPOSED) SUBWAY (PROPOSED) FIRST NC+ BANK MMN U) CHURCH BROOKLYN PARK ROW GAS HOUSES GREASE PUMPS MONKEY (PROPOSED) DR SEVEN OAKS ACADEMY IN,k1►1 BROOKLYN PARK ROW HOUSES 5 Rigden Farm Tract A N-C Rezoning Request family dwelling. Rezoning Tract A to N-C will allow the addition of a restaurant to complement the uses permitted by either the existing M-M-N or the proposed N-C zoning. The Petitioner believes the architecture typical of quality restaurants will provide a more inviting entrance fagade that is more compatible in scale with the surrounding neighborhood than a three-story office building which is a permitted use within the M-M-N zone district. The Petitioner does not believe the rezoning will divert a restaurant from one of the internal pad sites. The internal pad sites are not exposed to the traffic counts desired by the national restauranteurs. If anything, presence of a quality restaurant on this site will provide more exposure to the businesses internal to the balance of the site. Summary: Specific to the findings required in Section 2.9.4(H) of the Fort Collins Land Use Code to support a rezoning request, the Petitioner believes: • The request is consistent with the City's Comprehensive Plan as required by Section 2.9.4(H)(2)(a). If the Structure Plan amendment is supported, then the rezoning logically follows. • Conditions have changed in the neighborhood to warrant the rezoning (Section 2.9.4(H)(2)(b)), as described earlier in this request. The October 2002 ODP amendment and the October 2006 New Dawn rezoning removed a total of 12.6 acres from Rigden Farm N-C zoned area. The Tract A rezoning request will add 4.5 acres to the N-C zone area. The cumulative effect of the changes is an 8.14 acre or 23% reduction in the Rigden Farm N-C zone area. Rezoning Tract A to N-C will have no negative impact relative to the original intended Rigden Farm N-C area designation. • The rezoning request is compatible with the existing and proposed uses surrounding the subject land and is an appropriate zoning district for the land, as required by Section 2.9.4(H)(3)(a). A 50 to 200 foot landscaped buffer borders the majority of the west property boundary adjacent to Timberline Road, a major arterial street. Custer Drive, a major collector, is on the north boundary border. Uses immediately north of Custer Drive include a bank, gas pumps, oil change business, and car wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline Church parking lot to the south. This change in zoning is a logical extension of the zoning from the north and can be appropriately buffered with a landscape buffer for the uses on the other property boundaries. • The rezoning will have no adverse effect on the natural environment as required by Section 2.9.4(H)(3)(b). The same standards for protecting the natural environment will continue to apply. • The rezoning results in a logical and orderly development pattern, as required by Section 2.9.4(H)(3)(c). As described earlier, the proposed change results in a logical extension to the N-C district, shifts the zone boundary location from mid -street to mid -block, allowing like uses to face like uses as encouraged by the city plan. Uses typical of the N-C zone district are more compatible with the non-residential uses, some of which are intensive, located adjacent to the Tract A property boundary. Page 4 of 4 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. 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. The city preference is to split zone districts mid -block rather than in the middle of the street. Rezoning Tract A from M-M-N to N-C satisfies this preference and results in like uses facing like uses, another City preference. The Petitioner believes the site would be an excellent restaurant site. The M-M-N zone district does not support a standard restaurant use. It only permits a limited mixed use restaurant. Per code, a limited mixed use restaurant shall not exceed 1,500 square feet in gross leasable floor area, must be contained within or physically abutting a multi -family dwelling, and is clearly subordinate and accessory to a multi - Page 3 of 4 • Rigden Farm Tract A N-C Rezoning Request 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 October 2002 ODP amendment Less New Dawn rezoning Plus Tract A requested rezoning Current N-C zone area 35.26 acres zoned N-C 26.52 acres zoned N-C 3.90 acres zoned M-M-N from N-C 4.50 acres zoned N-C from M-M-N 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. Page 2 of 4 Rigden Farm Tract A N-C Rezoning Request The following serves as the rationale for rezoning and associated Structure Map modification for the Rigden Farm Tract A parcel from M-M-N — Medium Density Mixed -Use Neighborhood District to N-C — Neighborhood Commercial District. Relevant City Plan Goals: Our Neighborhood Centers with a mix of retail, office and service uses will be designed as pedestrian -oriented gathering spaces to reflect the identity, scale, and character of the surrounding residential neighborhoods, while providing the goods and services necessary to sustain the neighborhood. Neighborhood Commercial Centers typically contain a grocery store or supermarket. The appearance and function of these centers will be effectively integrated with the overall street pattern, design, and scale of the surrounding neighborhood, not segregated from it. They will be located and designed in a manner that fosters transit service for the Center and surrounding neighborhoods. Purpose of the N-C Zone District: The Neighborhood Commercial is intended to be a mixed -use commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose of the District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed -Use Neighborhood. This district is intended to function together with a surrounding Medium Density Mixed - Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density neighborhoods. The intent is for the component zone districts to form an integral, town -like pattern of development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts. Current Conditions: The majority of the Rigden Farm Neighborhood Commercial District area has been developed. The intent of the Neighborhood Commercial District has essentially been realized, with an existing "neighborhood center" in place and functional. The Shops at Rigden Farm contain a number of existing businesses, including King Soopers serving as the center's anchor as well as retail, financial, auto service and fast food restaurants. Development plans are in process for the one of the two undeveloped N-C parcels and the adjacent M-M-N parcels. These plans include The Center at Rigden Farm, a commercial project, New Dawn Assisted Living Center and The Brooklyn Park Row Homes. A vicinity map is attached to this document, illustrating the relative location of the existing and proposed uses. Justification: A number of conditions have changed since the initial Rigden Farm Overall Development Plan was approved in 1999 which justify this rezoning request. The changed conditions include: 1. The initial Overall Development Plan (ODP) designated the following for Neighborhood Commercial (N-C) uses: 32.09 acres supermarket, pharmacy, offices, retail, multi -family residential 3.17 acres civic block, park, church, day care An amendment to the ODP was recorded October 28, 2002, designating the following areas for N- C uses: 23.35 acres neighborhood commercial center, supermarket, pharmacy, offices, retail, services, restaurants, multi -family residential, or any other use allowed by N- C zoning 3.17 acres park, church day care, transit center Page 1 of 4 I IIAAY 1-88W 22" Of-N455127T 41.90' hass0� R�Joo• � (av=s44s; (� 4241 vxm / m Ommm r—� CUSTER DRIVE % --------------- f 5 M ENTRY FEA7LRE PARM I ar covlElEo or ( 1 SEPARATE OQIUMENT ID R wm Q I FARM MASTER ASSOQIA7 0 O 1 (a5/4 AQ&-4 1 12.JM Sri FT) �ws LJ y1 Z Ot .M1lf3aY _I h N I arwsritr'r I�,lyr m �I I � smv'«•r .. 0 2 1 aAe7' m-Iw--rlr nieo Mi7earN RRAU/ar R1io0Y FA ALM r � �I �PgMr or &Ri1MWYC -- ROW q 1 AR1 EL , 1 107.75' \--Pawr or &rawvm (PARCEL 2) Naenl avE 1w trim? sEc»av 2A REx171EI1ED 2- ALL9/AVM C4a MARNED U =4 M$' cY RAMW OUX aa Pawr w com r 1 gl NEST LN%p/ARFN Cp" SE'CU 2A EEE l7/r tmr TxmR/d�I/ cAP m? u ,JA s9r M 2* ROWJ ' 01APLA r7F0 C TION NO. 990900' SWW'521C 50548' r uwff m mro *e- Ussm' ava' _sammr __------ T---.. 1-e95osJ' "Xwv" Ra3.00' J 2ar1 1-4.70' wwvr CH S4455251- ww' 424' zv"" 1 1 Mir I h N TRACT A I (PARCEL 2) 1 OIYFRALL AREA I S IJ9•SJ7 SF I .I20J AC AREA AMWJS ENTRY FEA nW PARQL I 117158 47` 1 2WOAC 1 ----------------- Ar at w rASIWWr N8975551Y 54475' r ovwr-1 I ----------------------i 5W7H LINE OF R/GOEN FARM, RLING ONE f7R5r ASSEM& Y OF OW RLKEP,Kw ma iNON/Aw 19 NORTH NOTE: THIS DRAWING IS MEANT TO DEPICT THE RIGDEN FARM TRACT AFOR SOUTH COLLEGE 25 REZONING AREA AND IS FOR INFORMATIONAL PURPOSES ONLY. ARCHITECTURE FORT 07-042COLLIS. CO. B0525 IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. HEWEST9 L • L • C • (FAX 207d424 (FA%)207-9191 0 50, 100• 200' ARCH I TECTU R E/PLAN N ING THENCE N89025'55"W, ON A LINE PARALLEL WITH AND 30.00 FEET NORTH OF SAID SOUTHERLY LINE, A DISTANCE OF 50.01 FEET, TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 2 (TRACT A, EXCEPTING THE SOUTH ENTRY FEATURE PARCEL) A PORTION OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 29, ALSO BEING A PORTION OF SAID TRACT "A", EXCEPTING THE SOUTH ENTRY FEATURE PARCEL, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -SIXTEENTH CORNER COMMON TO SECTIONS 29 AND 30; THENCE S89°25'55"E, ON THE SOUTHERLY LINE OF SAID RIGDEN FARM, FILING ONE, A DISTANCE OF 107.75 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT "A", AND THE POINT OF BEGINNING; THENCE NO1°33'46"E, ON THE WEST LINE OF SAID TRACT "A", A DISTANCE OF 30.00 FEET; THENCE S89025'55"E, PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 50.01 FEET; THENCE NO1 033'46"E, PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF SAID TRACT A, A DISTANCE OF 54.87 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 88035'22"1 A RADIUS OF 125.00 FEET, A DISTANCE OF 193.27 FEET, THE CHORD OF WHICH BEARS N45051'27"E, A DISTANCE OF 174.59 FEET, TO A POINT OF TANGENCY; THENCE S89050'52"E, A DISTANCE OF 18.69 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 90000'00", A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET, THE CHORD OF WHICH BEARS N45009'08"E, A DISTANCE OF 35.36 FEET, TO A POINT OF TANGENCY; THENCE N00009'09"E, A DISTANCE OF 24.75 FEET, TO THE NORTH LINE OF SAID TRACT A; THENCE ON THE OUTER BOUNDARY OF SAID TRACT A, THE FOLLOWING FOUR (4) COURSES; 1) S89050'52"E, A DISTANCE OF 320.31 FEET, TO A POINT OF CURVATURE; 2) ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 89050'53", A RADIUS OF 3.00 FEET, A DISTANCE OF 4.70 FEET, THE CHORD OF WHICH BEARS S44055'25"E, A DISTANCE OF 4.24 FEET, TO A POINT OF TANGENCY; 3) S00°00'O1 "W, A DISTANCE OF 257.13' 4) N89025'55"W, S DISTANCE OF 544.75 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2.690 ACRES (117,156 SQUARE FEET). RIGDEN FARM TRACT A LEGAL DESCRIPTION TRACT A, RIGDEN FARM FILING ONE, RECORDED UNDER RECEPTION NUMBER 99090056, LARIMER COUNTY RECORDS, IN THE CITY OF FORT COLLINS, COUNTY OF LARIM[ER, STATE OF COLORADO, BEING. COMPRISED IN ITS ENTIRETY BY THE FOLLOWING TWO PARCELS: BASIS OF BEARING: THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MONUMENTED AT THE NORTH END BY A 2-1/2" ALUMINUM CAP MARKED "LS 14823" IN A RANGE BOX AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP MARKED "LS 17497" IN A RANGE BOX IS ASSUMED TO BEAR S00004'26"E, A DISTANCE OF 2648.89 FEET BETWEEN SAID MONUMENTS. PARCEL 1 (SOUTH ENTRY FEATURE PARCEL): A PORTION OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 29, ALSO BEING A PORTION OF SAID TRACT "A", BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -SIXTEENTH CORNER COMMON TO SECTIONS 29 AND 30; THENCE S89°25'55"E, ON THE SOUTHERLY LINE OF SAID RIGDEN FARM, FILING ONE, A DISTANCE OF 107.75 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT "A''; THENCE NO1°33'46"E, ON THE WESTERLY LINE OF SAID TRACT "A", A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ON THE WESTERLY AND NORTHERLY LINE OF SAID TRACT "A", THE FOLLOWING THREE COURSES; 1. N01033'46"E, A DISTANCE OF 196.97 FEET, TO A POINT OF CURVATURE; 2.ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 88035'22", A RADIUS OF 30.00 FEET, A DISTANCE OF 46.39 FEET, THE CHORD OF WHICH BEARS N45051'27"E, A DISTANCE OF 41.90 FEET, TO A POINT OF TANGENCY; 3. S89-50'52"E, A DISTANCE OF 185.17 FEET; THENCE S00°09'08"W, A DISTANCE OF 24.75 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 90000'00", A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET, THE CHORD OF WHICH BEARS S45°09'08"W, A DISTANCE OF 35.36 FEET TO A POINT OF TANGENCY; THENCE N89050'52"W, A DISTANCE OF 18.69 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 88035'22", A RADIUS OF 125.00 FEET, A DISTANCE OF 193.27 FEET, THE CHORD OF WHICH BEARS S45051'27"W, A DISTANCE OF 174.59 FEET, TO A POINT OF TANGENCY; THENCE S01033"46"W, A DISTANCE OF 54.87 FEET, TO A POINT LYING 30.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID TRACT "A''; Listing of names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 800 feet of any portion of the area under petition for rezoning is attached to this Petition. Respec Ily ;annon Ridge Drive ), NC 27530 State of North Carolina ) ) ss. County of LCAO(P. ) The forgoing instrument was acknowledge before me this p�� day of 2 BY r rl A -G, for the purpose therein set forth. My commission expires Notary Public City of Fort Collins CITY OF FORT COLLINS REZONING PETITION Petitioner: Terry A. Cannon 100 Lake Ridge Drive Name Address Owners: Rigden Farm, LLC Name Rigden Farm Master Association Name Goldsboro, NC 27530 City, State, Zip 1027 West Horsetooth Road, Suite 200 Address Fort Collins. CO 80526 City, State, Zip 1001 A East Harmony Road. #357 Address Fort Collins. CO 80525 City, State, Zip To the City 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 4.5 acres, more or less, from M-M-N zoning district to N-C zoning district: All of Tract A, Rigden Farm Filing One, and adjacent public street right-of-ways, from property boundary to center of public street right-of-way; adjacent public streets are Timberline Road, Custer Drive, and Illinois Drive. Tract A metes and bounds legal description is attached to this Petition. 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S SNEET i Of 3 IL %oTlaue GAew rRAI ra NORse*ooTN Rwb 4 p M Z -1 No Text Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 11 FINDINGS OF FACT/CONCLUSIONS After reviewing the Rigden Farm, Tract A, Rezoning and Structure Plan Amendment, #56-98AP, staff makes the following findings of fact and conclusions as explained above: 1. This request for a Structure Plan amendment would be consistent with the City's Comprehensive Plan policies. 2. This rezoning request is consistent with the City's Comprehensive Plan based on the Structure Plan amendment. 3. The proposed NC - Neighborhood Commercial Zoning District is appropriate for this property under the proposed arrangement. 4. The proposed rezoning would not result in significantly adverse impacts on the natural environment. 5. The proposed rezoning would result in a logical and orderly pattern of development. RECOMMENDATION Staff recommends approval of the Structure Plan Amendment. Staff recommends approval of the Rigden Farm, Tract A, Rezoning - #56-98AP. ATTACHMENTS: Applicant's written statement Zoning exhibit 8'/2" x 11" plan set Detailed Site Vicinity Map Site Vicinity Map Existing Zoning Map Proposed Zoning Map Aerial Photo -based Context Map Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 10 In addition to the above factors, Subsection 2.9.4[H][3] provides factors that may be considered along with the mandatory requirements for quasi-judicial rezonings. Staff has prepared a response to each of the additional factors, demonstrating how the optional criteria could also be met: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, The rezoning request is compatible with the existing and proposed uses surrounding the subject land and is an appropriate zoning district for the land, as required by Section 2.9.4(H)(3)(a). A 50 to 200 foot landscaped buffer borders the majority of the west property boundary adjacent to Timberline Road, a major arterial street. Custer Drive, a major collector, is on the north boundary border. Uses immediately north of Custer Drive include a bank, gas pumps, oil change business, and car wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline Church parking lot to the south. (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment, and As mentioned above, the rezoning will not adversely impact the natural environment. Any development application will be subject to the City's development standards relative to natural habitat, energy conservation, stormwater and landscape design. (c)) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." The rezoning results in a logical and orderly development pattern. As described earlier, the proposed change results in a logical extension to the N-C district, shifts the zone boundary location from mid -street to mid -block, allowing like uses to face like uses as encouraged by the city plan. Uses typical of the N-C zone district are more compatible with the non-residential uses, some of which are intensive, located adjacent to the Tract A property boundary. Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 9 C. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land. The rezoning request is compatible with the existing and proposed uses surrounding the subject land and is an appropriate zoning district for the land. A 50 to 200 foot landscaped buffer borders the majority of the west property boundary adjacent to Timberline Road, a major arterial street. Custer Drive, a major collector, is on the north boundary border. Uses immediately north of Custer Drive include a bank, gas pumps, oil change business, and car wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline Church parking lot to the south. This change in zoning is a logical extension of the zoning from the north and can be appropriately buffered with a landscape buffer for the uses on the other property boundaries. D. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. There is no evidence that the rezoning will result in significant adverse impacts to the natural environment on- or off -site. The subject property is an undeveloped site with no natural habitat or features present. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Yes. As explained under the Structure Plan amendment, the rezoning will result in a logical and orderly development pattern. Because of the interrelationship of the NC and MMN zone districts, with overlapping uses, this small change to the boundary will not disrupt the pattern. As it is proposed to be amended, the rezoning is consistent with the development. pattern envisioned under the City's Structure Plan. The revised neighborhood center still focuses the commercial service in a way that best supports neighborhoods as the basic building block to the community. The neighborhood center will provide uses to meet consumer demands from surrounding residential districts for everyday goods and services, and will be a pedestrian -oriented place that serves as a focal point for the surrounding neighborhoods. Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 8 a center and focal point; and not merely a series of individual development projects in separate zone districts." Purpose of the MMN — Medium Density Mixed -Use Neighborhood District: The purpose of the MMN District (Section 4.6 of the Land Use Code) is to be "a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate -intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment." Analysis Based on Rezoning Review Criteria The request to rezone 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: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan; and/or. As stated above under the Structure Plan amendment analysis, staff has concluded that the proposal is consistent with the principles and policies of City Plan, and would be consistent with the Structure Plan if it is amended as proposed. B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. Conditions have changed in the neighborhood to warrant the rezoning . The October 2002 ODP amendment and the October 2006 New Dawn rezoning removed a total of 12.6 acres from Rigden Farm N-C zoned area. The Tract A rezoning request will add 4.5 acres to the N-C zone area. The cumulative effect of the changes is an 8.14 acre or 23% reduction in the Rigden Farm N-C zone area. Rezoning Tract A to N-C will have no negative impact relative to the original intended Rigden Farm N-C area designation. Rigden Farm, Tract A, Rezoning and Structure Plan Amendment March 15, 2007 P & Z Meeting Page 7 * Not perceived as "strip commercial' on the arterial street because of site configuration, i.e. - entry sign & landscaped parcel at corner; short lot frontage on Timberline, and proximity to Shops @ Rigden Farm. * Potential to capture vehicle trips to the Center based on recent New Dawn rezoning, and the corresponding visitors and tenants. * The Rigden Farm entry sign parcel provides a buffer to residential to the west. 3. Request to rezone from Medium Density Mixed Neighborhood, M-M-N to Neighborhood Commercial, NC: Purpose of the NC and MMN Zone Districts For convenient reference, the purpose statements of the two zone districts in question are listed below. • Purpose of the NC.— Neighborhood Commercial District: The purpose of the NC District (Section 4.23 of the Land Use Code) is to be "a mixed -use commercial core area anchored by a supermarket or grocery store and transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed -Use Neighborhood. In addition to retail and service uses, the District may include neighborhood -oriented uses such as schools, employment, day care, parks, small civic facilities, as well as residential uses. This District is intended to function together with a surrounding Medium Density Mixed -Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low -density neighborhoods. The intent is for the component zone districts to form an integral, town -like pattern of development with this District as Rigden Farm, Tract A, Rezoning and.Structure Plan Amendment March 15, 2007 P & Z Meeting Page 6 As with most Structure Plan amendments, there are clearly upsides and downsides to each viewpoint. Below, staff has attempted to capture the pros and cons with the requested amendment. Pros and cons have been paired so that ready comparisons can be made between the opposing viewpoints. Pro * Still within target acreage range for the Rigden NC District: Originally approved at 35 acres; now at 26 acres with the proposed amendment (23% area reduction). * Adjacent to the Shops @ Rigden Farm and could be viewed as an "extension" of the Center. * The Timberline Church site to the south is "compatible" with commercial uses. * Increased traffic could strengthen viability of the Center. Might help the "critical mass" needed to support certain uses, e.g. - adding a "sit down" restaurant. * Results in "like uses facing like uses" across Custer Drive consistent with adopted policy. Con Might challenge the viability of the existing/proposed Rigden Farm NC, i.e. - Shops @ Rigden Farm & potential future commercial uses along Illinois Drive. * Questionable suitability for housing * Losing potential residential on this site. Would be negligible loss customers to the Shops @ of housing units based on the lot size Rigden. * Not a 'lost" opportunity, given other approved ODP uses (schools, churches, variety of housing, etc.) within the balance of Rigden Farm. * No abutting residences to impact. * No abutting residences to impact.