Loading...
HomeMy WebLinkAboutRIGDEN FARM, TRACT A REZONING - 56-98AP - REPORTS - SECOND 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 I y of May, A.D. 200 Mayo ATTEST: City Clerk Passed and adopted on, final reading on the Ist day of May, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO..058, 2007 OF THE COUNCIL OF.THE CITY OE FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FQRTCOLLWS.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. F . Section 3. The City Manager 'is hereby,autliorized and directed to amend said Zoning Map in accordance with this Ordinance. .. r 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 uld re tin Dan%d/errly pattern of development. STAFF RECOMMENDATION: Staff recommends adoption of the requested rezoning and Structure Plan amendment. Staff is 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 contexi'maP 5. Existing Zoning map 6. Proposed Zoning map COPY 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 ay er o 'n onal factors: (a) whether and the extent t hi os am t 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-f6ot landscaped buffer borders the majority ofthe 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 Chnrch 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, if t' s the natural environment'; and As mentioned above, th onin will t versely pact the natural environment. Any development application e e Ci evelopment 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. FINDINGS: After reviewing the Rigden F C RVic S e 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 th o e zo ng removed a total of 12.6 acres from Rigden Farm N-C ned Th r re g request will add 4.5 acres to the N-C zone area. The cum tiv a hanges i `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 g ' logical extension of the zoning from the north and can b appro tely. i dscape buffer for the uses on the other property boundari 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 e e t, a rezoning will result in a logical and orderly developmen attemeca o t iionship of the NC and MMN zone districts, with overlappi us s al hange 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 PIan. 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 p os s t e 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 to an integral, town -like pattern of development with this Distri as a er an f I in not merely a series of individual development projects in separa zone 'cts • 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.easywalkingdistance of transitanda commercial district. Secondarily, a neighborhood may also, contain othermoderate=inteasitycomplementary and supporting land uses that serve, the neighborhood. These neighborhoods will. foi ' a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bikeand';walUng:Path§'opeii spaces:and'p, will be configured to create an inviting and convenient living'environment " D. STAFF ANALYSIS - REZONING.REQUEST ^` The request to rezone is consid q -' rcr A f1l a since the parcel is less than 640 acres. There are five standards t may eduest for a quasijudicial rezoning. These standards, and how the r est: li mbelow: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent withthe 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 arterial street because of site configuration, Le.,.., ,, - entry sign and landscaped. parcel at corner;., short lot frontage on Timberlin" mi to Shops at Rigden Farm. Potential to capture vehicle trips e CWr ' 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•Mized-Use Neighborhood to NC - Neighborhood Commercial. In order to recommend approv po s e arming and Zoning Board had to sso�m;regfind that the rezoning is:(l) consistent with the CityPlan; 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 tent toOichTpo�sedlyendmentis compatible with existing and pro gubject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adveise 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 ifre-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 Comm s d v finds that the 2.7 acres of undeveloped, developable 1 are n a s to ' 1 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; R now at 26 acres with the proposed amendment (23% area reduction).. Adjacent to the Shops at Rigden Farm'and could be viewed as an "ex sio th Center. The Timberline Church site to a sou ds "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 Rgden Farm and potential future "sit down" restaurant... commercial uses along Illinois Drive. Results in "like uses facing like uses" across I Custer Drive consistent with adopted policy. Questionable suitability for housing on this site. Would be negligible loss ofhousing units based on the lot size Not a "lost" opportunity, f ODP uses (schools, cl housing, etc.) within the Farm Losing potential residential customers to the Shops at Rigden. No abutting residences to impact. No abutting residences to impact --� April 17, 2007 -4- Item No. 17 Policy MMN-2.1 Size. A Medium Density Mixed -Use Neighborhood should extend an average of about one-quartermile 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 Neigh ho Center 'lI 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 arteCa Othat The City Structure Plan illustraa neighbo odds as the primary building block to the community. Successful r,. on th ilityto support and benefit from a . a r.. grocery store and other`frequent destinations for.its residents. These essential services are provided to residential districts in "Neigh borhood Commercial ;Centers" which are denoted on the Structure Plan as a red square, rectangle orpolygon. 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 appli s requWallow ture an Amendment and found that, in balance, it is consistent with ad eds an licies. Replacement of the MMN residential district with anNC district wiubject 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 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 carC'd act a cademy) on the property. Staffs perspective is that these ly a conclusion that the StructurePlan 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 P1rdpr n 2. the proposed changes wftAeLp li a and be consistent with the vision, goals, principles, and 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 amen ent . ro to a public elfare 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. 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 Timber ' a u gden Farm development. The properties proposed for rezonin tly a op -acre parcel of land in, and a 0.5- acre parcel containing an entrytore the g Farm elopment;.and approximately 1.3 acres of street rights -of -way for Ti i oad,. 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 areas 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. Ilk This is a Planning and Zoning B aP-toCitlouncil 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 d .5 being the existing landscaped entry and sign feature' the en F o 3. This property is surround thr es t, no d 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 DensityNExed-Use'Neighbioilibod'audlMediuiii DensityMined-Use Neighborhood Districts. AGENDA ITEM SUMMARY_ FORT COLLINS CITY COUNCIL SUBJECT ATTACHMENT 1 ITEM NUMBER: 17 DATE: "April 17, 2007 STAFF: Steve Olt 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 Farm, Tract A, Rezoning and Structure Plan amendment. EXECUTIVE SUMMARY A. Resolution 2007-037 din Ci 's 1 Map. B. Hearing and First Read' 58, 20 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 corner of 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 Till 1201 Clu adee Fort Collins, O 80 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; CO86525 ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: May 1, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Second 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. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 058, 2007, unanimously adopted on First Reading on April.17, 2007, rezones 4.5 acres located at the southeast corner of South Timberline Road and Custer Drive, in the Rigden Farm development from MMN - Medium Density Mixed -Use Neighborhood District to NC - Neighborhood Commercial District. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - April 17, 2007.