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HomeMy WebLinkAboutSPRING CREEK FARMS REZONING ..... CONTINUED P & Z BOARD HEARING - 24-00C - DECISION - MINUTES/NOTESPlanning & Zoning Board April 20, 2006 Page 15 Member Schmidt questioned whether the staff truly feels that changing the zoning on the other side of the street would negatively impact the Rigden Farm development. Director Gloss responded that there were a combination of factors that led to their recommendation: (1) the potential of diminished value at Rigden Farm; (2) the City Plan was set up to have a different pattern of commercial development that is more concentrated; and (3) does the plan really need to be changed. Staff's conclusion was that the plan doesn't need to be changed. They disagree with the applicant's market study that says the service area should be larger. Member Fries stated that he would lean towards approving the rezoning since adequate public notice was provided and many of the concerns spelled out in the staff report are not being cited by the public. Member Schmidt questioned whether there was a need to change it because of the desired predictability. Chair Lingle thought that many people don't get involved because they don't feel directly impacted. He said it is staff's and the P&Z Board's responsibility to support and defend the planning policies and structure plan that have been adopted community -wide. While he feels that the developer's work is exemplary and top rate, he is concerned about what this rezoning would mean in the future with other similar kinds of situations. He felt obligated to support the City Plan as it stands and to not amend the Structure Plan. Member Fries moved to recommend approval to City Council of the Spring Creek Farms Rezoning and Structure Plan Amendment as the amendment would promote the public welfare and would be consistent with the vision, goals, principals, and policies of City Plan. I would not adopt (and find differently) the findings of facts and conclusions contained on page 8 of the Staff Report. Member Schmidt seconded the motion. Member Stockover stated that he could not support the motion because he is not convinced that another center across the street would really enhance service for many people. He also stated that the vision of the City Plan needs to play out. Member Schmidt stated that she would be more in favor of the project if the project to the north had not already been approved. The motion failed (1:4 with Rollins, Schmidt, Stockover & Lingle voting no.) Member Schmidt made a motion that we recommend denial of the Spring Creek Farms Rezone and Structure Plan Amendment based on the facts and findings in the staff report starting on page 7. Member Stockover seconded the motion. Motion was approved 4-1. Project: Ridgeview Classical School Revised Phase IV Addition, Site Plan Advisory Review - #16-01 b Project Description: Ridgeview Classical School requests a Site Plan Advisory Review to construct a two-story building addition to the existing Ridgeview Classical School facility located at 1800 South Lemay Avenue. The proposed 9,366 square foot addition will provide facilities for existing and future students. The band, music and orchestra practice rooms and Planning & Zoning Board April 20, 2006 Page 14 services, clinics, small veterinary clinics as well as a small restaurant. There are some commercial uses that are permitted and there is a wide range of services that could be provided. It sounds like the retail piece of it and the larger restaurants are the missing uses here that would not be permissible in the MMN even as a secondary use. Member Schmidt asked if this particular acreage gets rezoned, then are they still allowed 15% of the rest of the MMN zone for secondary uses. Mr. Sell replied yes. Public Input Peggy Greiss, 2254 Eastwood Drive, stated that she originally opposed the change in zoning for the Spring Creek Farms at the northwest corner of Timberline and Drake. She now believes it would be more advantageous to have commercial development at that location. After looking at what the city allowed to be built at Side Hill Development just north of Drake on the east side of Timberline, she is convinced that local property values would be better preserved by commercial development on this corner. If the renderings presented at the neighborhood meeting are the true representations of what is to be built on this property, she feels that it would be an asset to the neighborhood. Considering what the city has let be built along Side Hill it would definitely increase property values, it would add to the looks, and it would keep that corner very upscale. She feels that walking across Timberline is very dangerous, and at times, when you cross the first half of the intersection, it is necessary to wait for two or three lights to cross the other three lanes. She feels that moving the NC Zone across makes more sense than trying to scatter little pockets of commercial through the residential neighborhood. End of Public Input Chair Lingle asked if the one -mile service area is supported by City Plan policies. Director Gloss replied that the one -mile service area is depicted in the City Plan. Member Fries asked if the concern is economic or safety. Does it really matter that an overlap exists? Director Gloss replied that the concern is basically economic. Rigden Farm has a fair amount of vacant ground, and they have committed to an incredible amenity package that goes above and beyond most neighborhood centers in Fort Collins. That developer had some assurances from the city that this was a neighborhood center that the city was going to focus on. From staff's perspective, the viability of the neighborhood center across the street does matter. By approving development nearby, that will diminish the viability of that center and create a negative impact for the community. Member Rollins asked if in the NC zone, if some of the larger, high turn -over restaurants were specifically put in the NC zone to generate a bigger area of interest and community flavor versus some of the smaller, lower scale restaurant allowed in the MMN zone? Director Gloss replied that was correct. It is the intent of the City Plan policy for NC, Neighborhood Commercial District, to provide a focal point for the neighborhood and to provide essential services. Therefore, the size dictated is 15 to 20 acres to encompass a grocery store/super market as the anchor because that's the type of service people use on a weekly or daily basis. Member Schmidt asked whether there was a process for an applicant to ask for some kind of modification to allow a non -permitted use; i.e., putting a restaurant in the MMN. Staff Member Gloss replied that the City does not have a use variance process. She asked if the City could possibly develop one. Director Gloss responded that the City changed from the Land Development Guidance system to the Land Use Code to make certain that uses are very specifically described in each zoning district. Planning & Zoning Board April 20, 2006 Page 13 used in this study to determine that need. The 180,000 square feet is based on a full build out of the Rigden Farm Center. It does not take into account the other two projects that Director Gloss mentioned at Side Hill and Timberline Center, an industrial site that does not offer the same kind of amenities you could have in an NC development. Applicant Sell stated the point that they are trying to make is that the current MMN zoning for commercial uses does not offer the opportunities to create the level of activity necessary for a successful commercial development. He highlighted the commercial uses in the existing MMN zoning district and stated that they were very limited. Applicant sell stated the first two slides (see Exhibit 1) shows the distance from the edge of the NC one -quarter mile, which is what we are typically willing to walk easily. The Policy is 2.1 in the MMN is that, "a Medium Density Mixed -Use Neighborhood should extend an average of about one -quarter mile from the edge of the adjacent Neighborhood Commercial Center to the edge of the MMN zone. All of the Police Facility 10 acres is outside of that. If we extend the NC across the intersection it easily captures all of the Police Facility and the combination of the two capture all of the MMN that has been zoned on all three quadrants of that interchange. Principle T-3 states "City transportation programs will promote the reduction of vehicle miles traveled through strategies that reduce trip generation and length and increase automobile occupancy. " The residences highlighted in red (see Exhibit 1) are most likely to walk to this Center because the Power Trail goes right through the center. There is a one mile radius to the Scotch Pines and a one mile radius around the Lemay and Prospect Centers and that leaves a big area outside of the Rigden Farm one mile radius. Because someone was wise enough to put the trail in, it makes it convenient to step outside your back door and get on the trail and walk to a Neighborhood Center. This is an area that would be "pock -marked" with little shopping opportunities had this been LMN zoning and developed today. Expanding the NC across the busy intersection will 1) improve both pedestrian and vehicular safety; 2) improve pedestrian and vehicular access to shopping; 3) expand the choices available to walk-in customers; 4) increase the chances that a viable neighborhood retail center will succeed; 5) help fill the void for commercial demand. Member Schmidt asked if the recently approved Timberline Center was directly north of the Police Facility. Director Gloss replied that it is, but there is an intervening small outlot that is about 250 feet wide. Member Schmidt asked if the Timberline Center had restaurants. Member Schmidt asked if there were restaurants in the Rigden Farm Center. Director Gloss replied that there are two at the present time and a potential for more as the project builds out. Member Schmidt asked how you get across Drake on the Power Trail. Mr. Sell replied that there is a red flashing light and cars stop. Chair Lingle asked if 7.5 acres of MMN secondary uses of the total acreage is not enough of what they are looking for. Mr. Sell replied that it is not the acreage, it is the uses that are allowed. It is extremely limited as to what you can do in the MMN commercial. You can have a restaurant of about 1,400 s.f. and it has to be part of a mixed -use building. Director Gloss wanted to expand on Mr. Sells' comment. His stated objection was the list of permitted uses. If you go into the Land use Code under the MMN zone district and look at the list of permitted uses and as an Administrative Review it is quite limited. When you get into a Planning and Zoning Board Review you are allowed to have personal and business service shops, offices, financial Planning & Zoning Board April 20, 2006 Page 12 the applicant contends that there is an additional market that needs to be served by NC zoned land within this area, including the subject property. The one area that staff has struggled with is that there is a MMN policy in City Plan that says essentially that the Neighborhood Center should serve an area where residents don't have to cross an arterial street. This was cited by the applicant as part of their justification for the rezone. Director Gloss stated that staff's position is that the Neighborhood Center for King Sooper's is sized at the appropriate scale between 15 and 20 acres (which is targeted under City Plan to provide essential services to up to four neighborhoods.) It provides for daily needs and is clearly a situation where neighbors within close proximity can take a short trip by vehicle, by bicycle, or as a pedestrian. The applicant contends that it is a very difficult crossing at Timberline and Drake. Staff would concur with that because they are arterial streets with high volumes of traffic. That is an impediment, but it does not override the fact that there is a NC designated center that is fulfilling those needs and there is vacant land within the NC center) that needs to be built out and be part of the economic viability of that center. Allowing this use essentially reduces the viability of the Neighborhood Center at Rigden Farm. Director Gloss pointed out that there have been a couple of condition changes since 2001. The Board received a memorandum from Greg Byrne, Director of Community Planning and Environmental Services acknowledging the change in conditions due to the Police Services Building that is being built on the north end of the site. Additionally, since the time of the 2001 rezoning, other critical amenities have been built; i.e., the aforementioned King Sooper's site, and the Side Hill LMN Center. Director Gloss stated there are also other City Plan policies that apply to this rezoning application. There are specific statements in City Plan that the pattern of strip commercial development that we see on major arterials will not be repeated. We have considerable development along several major arterials, College Avenue being the most prominent, but we are trying to set a different pattern where the focus is on centers, not on development along arterials. From the staff's standpoint the Neighborhood Center at Rigden Farm provides that focal point, so it is not necessary to rezone at this point. Staff is recommending that the Board recommend that City Council deny the request to amend the Structure Plan. In conclusion, Director Gloss pointed out that the Board received a letter from a neighborhood resident, Peggy Greiss dated March 2ntl She now wants to retract that letter from the record. She had objected to the rezone request but now wants to change her position. She is here this evening and wants to address the Board on that issue. Jim Sell, Jim Sell Design, representing the SC Investment Group, LLC, gave the applicant presentation. The first question is the reason they are requesting this rezoning. He would use the expert he brought with him who uses a mile and a half radius around these commercial centers in order to determine what the demand is. A very in-depth study found that there was a need for 180,000 square feet of retail within that mile and a half radius around Rigden Farm Center. The current zoning does not allow enough flexibility of uses to support a successful center. Applicant stated they are requesting a rezoning of approximately 5 acres of the 55 acre Spring Creek Farms MMN development. Their proposal is based on feedback they received from the neighborhood. They sent out approximately 1,000 letters to the neighbors to illicit their responses. There was one negative letter and that resident is here tonight to rescind that letter. They met at a regular neighborhood meeting, and there were also multiple meetings with neighborhood leaders as well. Applicant Sell pointed out on his aerial photo that the red circle is the mile and a half radius that he Planning & Zoning Board April 20, 2006 Page 11 Member Schmidt made a motion that the Planning & Zoning Board finds that the parking for the nonresidential component of the plan is compatible with the surrounding area, and that, therefore, the Board approves the Shield Streets Lofts (515 South Shields Street) — Project Development Plan, #15-05 per the findings and facts and conclusions set forth on Page 15 of the Staff Report. Member Fries seconded the motion. Motion was approved 5-0. Member Rollins stated she felt the additional three space should be adequate for this use. Member Schmidt stated that she felt the developer has made an effort to comply, and that the neighborhood will stay intact. She stated she was glad they have got a great neighborhood. Member Fries stated that he appreciated the citizens participating in this important part of the process. It appears the applicant has done what is required by the Code. Member Lingle added that he was glad the applicant came back with the three parking spaces. Project: Spring Creek Farms Rezoning and Structure Plan Amendment, #24-OOC Project Description: Request to rezone approximately 5.05 acres of property located on the northwest corner of Timberline Road and Drake Road from MMN, Medium Density Mixed -Use Neighborhood to NC, Neighborhood Commercial. The applicant is proposing to amend the Structure Plan to correspond to the requested zoning. Recommendation; Denial Hearing Testimony, Written Comments and Other Evidence Cameron Gloss. Director of Current Planning gave the staff presentation recommending denial of the request. Director Gloss reported that in 2001 the larger property, 55 acres and known as Spring Creek Farms, was rezoned from T, Transition to three different zone districts; E — Employment on the north end of the site, which is now the site of the new Police Administration Building; a balance on the site on the west side zoned LMN, Low Density Mixed -Use Neighborhood and on the east and south part of the site, MMN, Medium Density Mixed -Use Neighborhood. The portion being talked about this evening is a piece of the MMN zoned portion. He stated that the Parkwood and Parkwood East neighborhoods is to the west, the Meadows East neighborhood is to the south, the developing Side Hill mixed density is immediately to the east and to the southeast is the Rigden Farm development. A predominant element is a Neighborhood Center that the Board approved that is anchored by a King Sooper's grocery store. Director Gloss showed site shots of the immediate area and discussed the Neighborhood Centers within the area and uses approved within those Centers. Director Gloss noted that an important part of the staff's analysis is that the NC Center is not yet complete for Rigden Farm. He showed a slide of the center and discussed retail opportunities that have yet to locate in that center. This was an important amenity that staff worked with the developer on at the time Rigden Farm Center was Master Planned. This creates a neighborhood amenity and staff feels that this is part of the focal point that is necessary for a Neighborhood Center to be successful. The applicant is making a case that the service area for this area is actually larger than one mile, that it is actually one and a half miles. In the Board's packet is a marketing analysis where Chairperson Lingle called the meeting to order at 6:04 p.m. Roll Call: Fries, Stockover, Rollins, Schmidt and Lingle. Members Smith and Meyer were absent. Staff Present: Gloss, Daggett, Sommer, Olt, Wamhoff, Delaughter, Bracke and Deines. Citizen Participation: None Director of Current Planning Cameron Gloss reviewed the Consent Agenda: Consent Agenda: 1. Minutes of the February 16 (Continued) and March 16, 2006 Planning and Zoning Board Hearings. 2. Resolution PZ06-04 — Right of Way Dedication. 3. #3-06 4900 South College Change of Use — Project Development Plan. 4. #8-06 Northern Colorado Academy of the Arts and Knowledge — Site Plan Advisory Review. 5. #10-06 Front Range Community College Parking Lot Expansion — Site Plan Advisory Review. 6. #5-06 Front Porch Property, 1234 W. Prospect Change Of Use — Project Development Plan. 7. #7-06 Rocky Mountain Raptor Program — Overall Development Plan and Filing One — Project Development Plan. Discussion Agenda: 8. #15-05 Shields Street Lofts (515 South Shields) — Project Development Plan. 9. #24-OOC Spring Creek Farms Rezoning and Structure Plan Amendment. 10. #16-01 B Ridgeview Classical School Revised Phase IV Addition — Site Plan Advisory Review. Member Schmidt pulled Item 3, 4900 South College Change of Use; Item 4, Northern Colorado Academy of the Arts and knowledge; and Item 5, Front Range Community College Parking Lot Expansion. Member Schmidt moved for approval of Consent Items --minutes of the continued February 16, 2006 meeting and March 16, 2006 as well as items number 2, 6 and 7. Member Fries seconded the motion. The motion was approved 5-0.