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HomeMy WebLinkAboutRIGDEN FARM, TRACT A REZONING - 56-98AP - REPORTS - FIRST READINGintroduced, considered favorably on first reading, and ordered published this 17th day of April, A.D. 2007, and to be presented for final passage on the 1 st day of May, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 1 st day of May, A.D. 2007. Mayor ATTEST: ' City Clerk ORDINANCE NO. 058, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS . AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE RIGDEN FARM TRACT A REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that said property should be rezoned as hereafter provided. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "MMN", Medium Density Mixed -Use Neighborhood Zone District to "NC", Neighborhood Commercial Zone District, for the following described property in the City known as the Rigden Farm Tract A Rezoning: ALL OF TRACT A, RIGDEN FARM FILING ONE IN THE CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, AND ADJACENT PUBLIC STREET RIGHT-OF-WAYS, FROM PROPERTY BOUNDARY TO CENTER OF PUBLIC STREET RIGHT-OF-WAY; ADJACENT PUBLIC STREETS ARE TIMBERLINE ROAD, CUSTER DRIVE AND ILLINOIS DRIVE. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above -described property is not included in the Residential Neighborhood Sign District. Section 3. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. WM CITY OF FORT COLLINS STRUCTURE PLAN n r $, ad F Collins ISeparator La Rorte ouglas �•, i Belivue I � ,nmry arm r Will, I _. •- ' -- MountainNista- �- - c O U w � TFls - - A GMA ... r I•�. ` Y �� _-.___Y'� Area I 5 '- a r nl dor v- - Srt-ta Lory - Stale _.. -., CSD Park ', arn,p�,l- t CSD = o m t l. U .T - Tim atn Separator Horsetooth - Mountaln Park _ math wr W r I ME i Fart Collars- L.. Wand, �Sepereto r,` Lovbland I 0 Boundaries .VnFort GOIIMs GMA f$ i� oawntowe DWMct Inlusln W Disaie Edam ICammuniry Separator 0 ®Mlles Corridors NEnM1ancea Tmvtl Comitlor(TranWt) Peternal GMA Expamon RNer C%GMA Raln,n9 Area Adp iim Raainp AreaCame. A /JGryLimis Communary Commiroal D®RiG 1 GmmxciW Gomtlp pbmct NMGI, ,XJ Cqn W Ciamp Dimid dFEmalaymat Dlem,t %:elphbiarhoods %1 urlan Eabiw i.i Law NnI Mlxetl-Use � Maeium Di MWi.. s. 0 FoaNlla f� Rural rsntls �r Poutra RNC Gmdr 4F %.&. RNs � �.L�omom. • gdopfed ApM 17 Zpp/ RESOLUTION 2007-037 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP WHEREAS, the City has received an application to rezone certain property located at the southeast comer of South Timberline Road and Custer Drive; and WHEREAS, under the rezoning application, known as the "Rigden Farm Tract A Rezoning," such property would be rezoned from the Medium Density Mixed -Use (MMN) Zone District to the Neighborhood Commercial (NC) Zone District; and WHEREAS, the Council finds that, while the proposed Rigden Farm Tract A Rezoning does not comply with the present land use designation shown on the City's Structure Plan Map for that location, it complies with the Principles and Policies of the City's Comprehensive Plan, as well as the Key Principles of the City's Structure Plan; and WHEREAS, accordingly, the Council has determined that the proposed Rigden Farm Tract A Rezoning is in the best interests of the citizens of the City; and WHEREAS, the Council has further determined that the City's Structure Plan Map should be amended as shown on Exhibit "A" attached hereto, so that the proposed rezoning will comport with the City's Comprehensive Plan in its entirety, including the City's Structure Plan Map. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council finds that the existing City Plan Structure Plan Map is in need of the amendment requested by the applicant for the Rigden Fart Tract A Rezoning. Section 2. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of April, A.D. 2007. Mayor ATTEST: City Clerk IL RIGL _N FARM TRACT A f _ _ZONING PROPOSED ZONING ATTACHM T6 ...f�.. Y� LMN y LAIN RL lam/ �o�....�►c�.�r ��� -ry�vnns c.�wvi ��rrs.ri�---�rrtw �cwnYo�rr.�C�_� QMyM�Ca��Y� j�tw Gw.b 14tl1M� O N�MMYCY�Y�Yr Ib/Yw�O..h 1^ UE.� E�YY -I�r1G_d _NMOWAV�UMO�_ RIG[ :N FARM TRACT A F :ZONING EXISTING ZONING ATTAC ZCWNW .uw J p �o...,,�..,.,..,..�....,�.... o...�c��.o..,, �,.... No Text ATTACHMENT 3 RIGDEN FARM TRACT A REZONING VICINITY MAP MmN LMN ammar RLn�....�. Qarrwo RENDIU E :., - .-, .. , ... MMN BROOR.YN PARK ROW an HOUSES (PROPOSED) BROOKLYN SEWN OAKS PARK ROW ACADEMY HOUSES / T0MERLINE CHURCH LMN ! fE100'�SJ' A141 r qk- Df-TA&IP-,xOb• 'A ' �sl�o w�Ill r—� WILA>7W CUSTER DRIVE WMEb CThNRS3/77$ IL91D' rumor --.Sd9303?11' sas�e• a.... .M' -----_ �----- ---- ------ —_ 0 � fARN M1fR1► ASStltlN• Q I AD= Px `aa =(al/40 lc I Z i TRACTA TRACT J I a.t mi O�pAL Y AJs7 s- 1 JZW AC 1 i Ae.w" AMP M W OWY ArA MW PM= n7W s 1 200 AC PiNNI ��w or noeR.Ilo 1 ra>:7s' �Lr� +�InwG AgfAV OA[ wn is caw" sa ss A6GI s 7- AUYXOI CN AnOCD :A7f{ lAlf' N AlIMD<ACC �a ACAYT a f mr OI[ LYJb1E11 gr"M x i N /i = CAP VA�{2D 2S 774*1, ID1t' NOTE: T4S DRAWING M MEANT TO DEPICY THE RIDDEN FARM TRACT A RQONNO AREA AND IS FOR NFORMATIONAL PURINO EA ONLY. R DOES NOT REPRESENT A MOMJMENIEO LAM SL RVEV. ------------- ./AMIWf pa./q z7�t r 4475' "WH LAC A- ftQ5DV FARM• FXhW OW 0 50' 100' 200' Alm A L�l7tY L7/�SM33'2S$ I 1 424' I I I I I � 1 I � 1 I a ,rlrr I � > 1 N I a� �...•� Z I I —1 f7RST AS-g9M Y OF OW ALMAXPIPM ACI 1001N I W NORTH 0 ARCHITECTURE F'CR'T�A2 WEST, L.L.C. (FAX) ARCH I TECTURIE/PL.AN NINGI 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(14)(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)(3xc). 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. S. 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 UM 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. 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 gar�l 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. Page 2 of 4 ATTACIIMNT 1 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 mar 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 fimctional. 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 Fame, 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 April 17, 2007 -10- Item No. 17 3. The proposed NC - Neighborhood Commercial Zoning District is appropriate for this property under the proposed arrangement. 4. The proposed rezoning would not result in significantly adverse impacts on the natural environment. 5. The proposed rezoning would result in a logical and orderly pattern of development. STAFF RECOMMENDATION: Staff recommends adoption of the requested rezoning and Structure Plan amendment. Staffis recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to include this property in the Residential Neighborhood Sign District. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting on March 15, 2007, voted 6-0, on the Consent Agenda, to recommend approval of the Rigden Farm, Tract A, Rezoning and Structure Plan Amendment. ATTACHMENTS 1. Applicant's written statement 2. Tract A - parcel rezoning map 3. Site Vicinity Map 4. Aerial Photo -based context map 5. Existing Zoning map 6. Proposed Zoning map April 17, 2007 -9- Item No. 17 In addition to the above factors, Subsection 2.9.4[H][3] provides factors that may be considered along with the mandatory requirements for quasi-judicial rezonings. Staff has prepared a response to each of the additional factors, demonstrating how the optional criteria could also be met: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; The rezoning request is compatible with the existing and proposed uses surrounding the subject land and is an appropriate zoning district for the land, as required by Section 2.9.4(H)(3)(a). A 50 to 200-foot landscaped buffer borders the majority of the west property boundary adjacent to Timberline Road, a major arterial street. Custer Drive, a major collector, is on the north boundary border. Uses immediately north of Custer Drive include a bank, gas pumps, oil change business, and car wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline Church parking lot to the south. (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment'; and As mentioned above, the rezoning will not adversely impact the natural environment. Any development application will be subject to the City's development standards relative to natural habitat, energy conservation, stormwater and Iandscape 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. FINDINGS: After reviewing the Rigden Farm, Tract A, Rezoning and Structure Plan Amendment, staff makes the following findings of fact and conclusions as explained above: 1. This request for a Structure Plan amendment would be consistent with the City's Comprehensive Plan policies. 2. This rezoning request is consistent with the City's Comprehensive Plan based on the Structure Plan amendment. April 17, 2007 -a- Item No. 17 B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. Conditions have changed in the neighborhood to warrant the rezoning. The October 2002 ODP amendment and the October 2006 New Dawn rezoning removed a total of 12.6 acres from Rigden Farm N-C zoned area. The Tract A rezoning request will add 4.5 acres to the N-C zone area. The cumulative effect of the changes is an 8.14 acre or 23 % reduction in the Rigden Farm N-C zone area Rezoning Tract A to N-C will have no negative impact relative to the original intended Rigden Farm N-C area designation. C. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land. The rezoning request is compatible with the existing and proposed uses surrounding the subject land and is an appropriate zoning district for the land. A 50 to 200-foot landscaped buffer borders the majority of the west property boundary adjacent to Timberline Road, a major arterial street. Custer Drive, a major collector, is on the north boundary border. Uses immediately north of Custer Drive include a bank, gas pumps, oil change business, and car wash. Seven Oaks is on the east boundary, separated by a local street, with Timberline Church parking lot to the south. This change in zoning is a logical extension of the zoning from the north and can be appropriately buffered with a landscape buffer for the uses on the other property boundaries. D. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. There is no evidence that the rezoning will result in significant adverse impacts to the natural environment on- or off -site. The subject property is an undeveloped site with no natural habitat or features present. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Yes. As explained under the Structure Plan amendment, the rezoning will result in a logical and orderly development pattern. Because of the interrelationship ofthe NC and MMN zone districts, with overlapping uses, this small change to the boundary will not disrupt the pattern. As it is proposed to be amended, the rezoning is consistent with the development pattern envisioned under the City's Structure Plan. The revised neighborhood center still focuses the commercial service in a way that best supports neighborhoods as the basic building block to the community. The neighborhood center will provide uses to meet consumer demands from surrounding residential districts for everyday goods and services, and will be a pedestrian -oriented place that serves as a focal point for the surrounding neighborhoods. April 17, 2007 -7- Item No. 17 (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern." Purpose Statements of the Zone Districts. For convenient reference, the purpose statements of the two zone districts in question are listed below. Purpose of the NC — Neighborhood Commercial District: The purpose of the NC District (Section 4.23 of the Land Use Code) is to be "a mixed -use commercial core area anchored by a supermarket or grocery store and transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium 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 a center and focal point; and not merely a series of individual development projects in separate zone districts." Purpose of the MMN — Medium Density Mixed -Use Neighborhood District: The purpose of the MMN District (Section 4.6 of the Land Use Code) is to be "a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate -intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment." D. STAFF ANALYSIS - REZONING REQUEST The request to rezone is considered quasi-judicial (versus legislative) since the parcel is less than 640 acres. There are five standards that 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. April 17, 2007 -6- Item No. 17 PROS CONS Not perceived as "strip commercial" on the arterial street because of site configuration, i.e., - entry sign and landscaped parcel at corner; short lot frontage on Timberline, and proximity to Shops at Rigden Farm. Potential to capture vehicle trips to the Center based on recent New Dawn rezoning, and the corresponding visitors and tenants. The Rigden Farm entry sign parcel provides a buffer to residential to the west. C. REZONING REQUEST The applicant initially filed a rezoning petition with the City on January 5, 2007. The current request is to rezone a 4.5 acre parcel, from MMN - Medium Density Mixed -Use Neighborhood to NC - Neighborhood Commercial. In order to recommend approval of this proposal, staff and the Planning and Zoning Board had to find that the rezoning is: (1) consistent with the City's Comprehensive Plan; and/or (2) warranted by changed conditions within the neighborhood surrounding and including the subject property." The above criteria are found in subsection 2.9.4[H][2] of the Land Use Code outlines mandatory requirements for quasi-judicial rezonings. In addition, the following subsection 2.9.4[H][3] lists additional factors that may be considered along with the mandatory requirements for this type of quasi-judicial rezoning, as follows: "In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment'; and April 17, 2007 -5- Item No. 17 This parcel, even if re -designated Neighborhood Commercial Center, would still be co -located with, and adjacent to, the existing Neighborhood Commercial Center immediately to the north. Also, this parcel is a part of a 4.5-acre block of land surrounded by streets on three sides. Many ofthe permitted uses in the Medium Density Mixed -Use Neighborhood District are also found in the Neighborhood Commercial District, and vice versa. Staff fords that the 2.7 acres of undeveloped, developable land are not a significant loss of Medium Density Mixed -Use Neighborhood in this area. As with most Structure Plan amendments, there are clearly upsides and downsides to each viewpoint. Below, staff has attempted to capture the pros and cons with the requested amendment. Pros and cons have been paired so that ready comparisons can be made between the opposing viewpoints. PROS CONS Still within target acreage range for the Rigden NC District: Originally approved at 35 acres; now at 26 acres with the proposed amendment (23% area reduction). Adjacent to the Shops at Rigden Farm and could be viewed as an "extension" of the Center. The Timberline Church site to the south is "compatible" with commercial uses. Increased traffic could strengthen viability of Might challenge the viability of the the Center. Might help the "critical mass" existing/proposed Rigden Farm NC, i.e., - needed to support certain uses, e.g., - adding a Shops at Rigden Farm and potential future "sit down" restaurant. commercial uses along Illinois Drive. Results in "like uses facing like uses" across Custer Drive consistent with adopted policy. Questionable suitability for housing on this site. Losing potential residential customers to the Would be negligible loss ofhousing units based Shops at Rigden. on the lot size Not a "lost" opportunity, given other approved ODP uses (schools, churches, variety of housing, etc.) within the balance of Rigden Farm. No abutting residences to impact. No abutting residences to impact. April 17, 2007 -4- Item No. 17 Center, Community Commercial District, Employment District, or an Industrial District, subject to adjustment for site -specific or pre-existing circumstances such as 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 ofthe adjacent Neighborhood Commercial Center, Community Commercial District, Employment District, or an Industrial District, subject to adjustment for site specific or pre-existing circumstances such as a major street, major drainageway, or existing development. PRINCIPLE MMN-3: A Neighborhood Commercial Center will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be pedestrian -oriented places as a focal point for the surrounding neighborhoods. Policy MMN-3.1 Land Uses/Grocery Store Anchor. A grocery store, supermarket, or other type of anchor (e.g., drugstore) should be the primary functional offering of these Centers. A mix of retail, professional office, and other services oriented to serve surrounding neighborhoods are the secondary offerings. The Neighborhood Commercial Center will provide locations for some limited auto - related uses. Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be integrated in the surrounding Medium Density Mixed -Use Neighborhood, contributing to the neighborhood's positive identity and image. Residents should be able to easily get to the Center without the need to use an arterial street. ' The City Structure Plan illustrates a future that uses neighborhoods as the primary building block to the community. Successful residential districts rely on the ability to support and benefit from a grocery store and other frequent destinations for its residents. These essential services are provided to residential districts in "Neighborhood Commercial Centers" which are denoted on the Structure Plan as a red square, rectangle or polygon. Such centers are intended to serve as a true focal point for surrounding neighborhoods through not only goods and services but the provision of public gathering spaces and other civic amenities. Neighborhood Commercial (NC) centers work in tandem with, and are surrounded by, Medium Density Mixed Use Neighborhood (MMN) zone districts. More intensive uses found within the medium density mixed use areas, such as concentrated housing, are within easy walking distance of services and provide a transition to the surrounding lower density residential areas. B. STAFF ANALYSIS - STRUCTURE PLAN AMENDMENT Staff has reviewed the applicant's request for the Structure Plan Amendment and found that, in balance, it is consistent with adopted City Plan principles and policies. Replacement of the MMN residential district with an NC district will still allow the subject property to function synergistically with the adjacent Shops at Rigden Farm and nearby residential neighborhoods as envisioned under the Plan. April 17, 2007 -3- Item No. 17 DensityMixed-Use Neighborhood and Medium DensityMixed-UseNeighborhood 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. The property to the east is zoned MMN - Medium Density Mixed -Use Neighborhood. There is an existing child care, preschool facility (Seven Oaks Academy) on the property. Staffs perspective is that these considerations adequately support a conclusion that the Structure Plan could be changed in response to this request. The new designation would then support the requested rezoning to Neighborhood Commercial. A. CONTEXT OF THE PROPOSED STRUCTURE PLAN AMENDMENT The Structure Plan, an element of the City's Comprehensive Plan, is a map that sets forth a basic pattern of development, showing how Fort Collins should grow and evolve over the next 20 years. The map currently designates the property as Medium Density Mixed Use Neighborhood primarily based on the approved Rigden Farm, Overall Development Plan (ODP). To recommend approval of this proposal, staff and the Planning and Zoning Board have to find that: 1. the existing Structure Plan is in need of change; and 2. the proposed changes would promote the public welfare and be consistent with the vision, goals, principles, and policies of City Plan. These are the applicable criteria, contained in Appendix C of City Plan. Review Criteria for Structure Plan Minor Amendments Appendix C of City Plan outlines mandatory requirements for public notice, review process and evaluation criteria for minor amendments to City Plan, including Structure Plan map amendments. The Plan text states: "A plan amendment will be approved if the City Council makes specific findings that: The existing City Plan and/or related element thereof is in need of the proposed amendment; and The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof." Relevant Principles and Policies of City Plan PRINCIPLE MMN-2: The layout and design of a Medium Density Mixed -Use Neighborhood will form a transition and a link between surrounding neighborhoods and the Neighborhood Commercial April 17, 2007 -2- Item No. 17 BACKGROUND The applicant, Don Tiller, on behalf of the property owners, Rigden Farm, LLC, and Rigden Farm Master Association, has submitted a written request for the rezoning of 4.5 acres located at the southeast corner of South Timberline Road and Custer Drive, in the Rigden Farm development. The properties proposed for rezoning are currently an undeveloped 2.7-acre parcel of land in, and a 0.5- acre parcel containing an entry feature for, the Rigden Farm development; and approximately 1.3 acres of street rights -of -way for South Timberline Road, Custer Drive, and Illinois Drive. The requested zoning for this property is NC - Neighborhood Commercial. Because the property is currently in the Medium Density Mixed -Use Neighborhood designation on the Structure Plan, an amendment to the plan is necessary. The adjoining existing zoning and land uses are as follows: N: NC: existing shopping center (Shops at Rigden Farm S: LMN; existing church (Timberline Church) E: MMN; existing child care & preschool (Seven Oaks Academy) W: RL; existing single-family residential (Meadows East) The property was annexed into the City of Fort Collins as part of the Timberline Annexation in June, 1997. This is a Planning and Zoning Board recommendation to City Council on an amendment to the City Plan Structure Plan map and concurrent request for a corresponding rezoning. The amendment to the Structure Plan is found to be consistent with the vision, goals, principles and policies of City Plan. The rezoning satisfies the criteria of Section 2.9.4 of the Land Use Code. Several main considerations factor into City staff support for this Structure Plan amendment and rezoning request: A neighborhood shopping center (Shops at Rigden Farm, with a King Soopers supermarket as an anchor) has recently developed directly across Custer Drive to the north. The proposal provides the opportunity to essentially extend the Center onto the subject property as opposed to creating a stand-alone strip commercial development. 2. Reduction in the size of developable land in the Medium Density Mixed -Use Neighborhood District by 3.2 acres will not have a negative impact on the surrounding neighborhood. Only 2.7 acres of the 3.2 acres remain developable, with 0.5 acre being the existing landscaped entry and sign feature into the Rigden Farm development. 3. This property is surrounded on three sides (west, north, and east) by public streets. 4. The property to the south is currently zoned LMN - Low Density Mixed -Use Neighborhood and contains an existing large church (Timberline Church), with parking for approximately 1,000 vehicles, that is planned for expansion (development application pending). The church, a permitted use in almost every zoning district, provides a logical transition between the proposed neighborhood commercial uses on this property and the developable/ redevelopable properties south of the church that are currently or would be in the Low ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: April 17, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Rigden Farm, Tract A, Rezoning and Structure Plan Amendment. RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. The Planning and Zoning Board, at its regular monthly meeting on March 15, 2007, voted 6-0 to recommend approval of the Rigden Faun, Tract A, Rezoning and Structure Plan amendment. EXECUTIVE SUMMARY A. Resolution 2007-037 Amending the City's Structure Plan Map. B. Hearing and First Reading of Ordinance No. 058, 2007, Amending the Zoning Map of the City by Changing the Zoning Classification for That Certain Property Known as the Rigden Farm Tract A Rezoning. This is a request to amend the City Structure Plan and zoning map on a 4.5 acre parcel located at the southeast cornerof South Timberline Road and Custer Drive, in the Rigden Farm development. The current City Structure Plan designation is Medium Density Mixed -Use Neighborhood, with zoning the corresponding MMN - Medium Density Mixed -Use Neighborhood District. The applicant proposes a Structure Plan amendment on 4.5 acres to Neighborhood Commercial Center. The proposed zoning is the NC - Neighborhood Commercial District. The property is currently in the City's Residential Neighborhood Sign District and should remain in the District; therefore, an amendment to the District map would not be necessary. APPLICANT: Don Tiller 1201 Chickadee Court Fort Collins, CO 80525 OWNERS: Rigden Farm, LL.0 1027 West Horsetooth Road, Suite 200 Fort Collins, CO 80526 Rigden Farm Master Association 1001 A East Harmony road, #357 Fort Collins, CO 80525