HomeMy WebLinkAboutSPRING CREEK MIXED-USE DEVELOPMENT - REZONING - REZ170001 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS�
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PROJECT NAME
SPRING CREEK MIXED-USE DEVELOPMENT REZONING, REZ770001
STAFF
Ted Shepard, Chief Planner
PROJECT INFORMATION
PROJECT Spring Creek Mixed-Use DevelQpment Rezoning, REZ170001
DESCRIPTION:
This is a request to adjust the location, size and boundary between two
zone districts within a 19.55 parcel located at the southeast corner of
South Shields Street and Hobbit Street. The result of the shift is that the
Neighborhood Commercial (N-C) zone is shifted south and reduced by
2.88 acres while the Medium Density Mixed-Use Neighborhood (M-M-N)
zone is shifted north and gains a corresponding amount of land area. As
proposed, the N-C zone would be reduced to 6.42 acres and the M-M-N
zone would be enlarged to 13.13 acres. There is no formal development
plan currently in the review process. There is, however, a Concept Plan
that is associated with the rezoning that helps to inform all interested
parties as to the development potential of the parcel based on the
adjusted zone districts, and forms the basis for the staff recommendation
and the six conditions of approval. The site is undeveloped and vacant.
APPLICANT: North Spring Creek Properties, LLC
c/o Ripley Design
419 Canyon, Suite 200
Fort Collins, CO 80521
OWNER: North Spring Creek Properties, LLC
c/o Mr. Steve Schroyer
401 W. Mountain Avenue
Fort Collins, CO 80521
RECOMMENDATION: Approval with six conditions
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EXECUTIVE SUMMARY
The request to shift the location, size and boundary of the two zone districts is being submitted in
conjunction with a Concept Plan. The purpose of the rezoning is to facilitate a future mixed-use
development that would consist of commercial uses, multi-family apartments and two-family dwellings
(duplexes). Adjusting the two zone district boundaries allows for a smaller scale commercial
development than the current zoning envisions with a corresponding increase in the residential
component of the mixed-use development.
Staff finds that the request to rezone portions of the two zone districts complies with the standards and
criteria of Section 2.9(H). In addition, and in compliance with Section 2.9(I), staff is recommending six
conditions of approval to ensure that all aspects of future development comports with the principles and
policies of the West Central Area Plan and Citv Plan.
1. Backqround:
The surrounding zoning and land uses are as follows:
N: M-M-N
S: M-M-N
S: M-M-N
E: R-L
W: M-M-N
W: N-C
Multi-Family (Landmark Apartments)
Spring Creek
Hill Pond Townhomes
Sheely Addition and Wallenberg Neighborhoods
Multi-Family (Foothills Apartments)
Convenience Center (Spring Creek Plaza)
In 1987, Pulse O.D.P. and Final P.U.D. were approved for a health club on the subject site. Pulse
ended up not pursuing development and moved to Raintree Village where a subsequent entity maintains
a current operation.
In conjunction with the 1987 Pulse P.U.D., the size and shape of the health club dictated the proposed
curved alignment of West Stuart Street. This alignment, and dedication of public right-of-way, became
the basis for the current zone district boundary between N-C and M-M-N. Now, with no large structure
to determine the West Stuart Street alignment, the current zone district boundary line is found to be
obsolete.
2. Summary of the Review Criteria for Rezoninq of Parcles Less Than 640 Acres:
Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (quasi-
judicial versus legislative) shall be recommended for approval by the Planning and Zoning Board or
approved by the City Council only if the proposed amendment is:
• Consistent with the City's Comprehensive Plan; and/or
• Warranted by changed conditions within the neighborhood surrounding and including the
subject property.
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Additional considerations for rezoning parcels less than 640 acres (quasi-judicial):
• 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;
• Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
• Whether and the extent to which the proposed amendment would result in a logical and
orderly development pattern.
3. Consistent with the Citv's Comprehensive Plan:
A. The parcel is located in the West Central Area Plan an element of the City's comprehensive plan
known as Citv Plan. The WCAP specifically addresses the subject parcel:
B.
"Significant New Development or Redevelopment"
"Vacant 20-Acre Parcel South of Rrospect Road and East of Shields Streef."
"This site is the largest undeveloped tract in the West Central area and includes two zone
districts, Neighborhood Commercial (NC) and Medium Density Mixed-Use Neighborhood (MMN).
The NC zone is approximately ten acres in size and acts as the core of the parcel, with exposure
along Shields Street. This area is expected to develop in an urbanized commercial manner.
Opportunities exist for dwelling units above commercial space. The MMN zone surrounds the
commercial core and is intended to offer a variety of housing options, as well as a land use
transition for the Sheely neighborhood to the east. There is potential for a well-designed
cohesive development that creatively addresses both the market potential and neighborhood
desires for the site." (Page 23.)
Neiqhborhood Character:
"LU 1.8 Maintain established, mafure neighborhood areas as areas of stability." (Page 31.)
"LU 1.9 Provide guidelines to ensure new development is compatible with adjacent
neighborhoods." (Page 31.)
"LU 1.10 Emphasize and respect the existing heritage and character of neighborhoods through
a collaborative design process that allows for a neighborhood dialogue." (Page 33.)
"LU 1.11 Encourage a variety of housing types so that residents from all socio-economic levels
may find suitable housing in the area.
• Single family attached should act as a transition to adjacent established neighborhoods;
• Housing types should be designed to accommodate a range of tenants over time.
• Housing variety is encouraged in order to attract and retain families and allow seniors to age
in place.
• A diverse mix of occupants contributes to neighborhood stability.
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• Housing relying solely on four-bedroom units should be discouraged, as a diverse mix of
bedrooms per unit provides greater flexibility, serves a broader range of tenants, an� may
allow an easier conversion to owner-occupied units should the demand arise." (Page 34.)
Taken together, these descriptions and policies establish an expectation that development of this parcel
will factor in neighborhood input and achieve compatibility through project design. In addition to the
neighborhood information meeting, the applicant and representatives of the Sheely and Wallenberg
neighborhoods have engaged in a dialogue to address issues related to the rezoning and potential land
development. One result of these discussions is that the placement of two-family dwellings (duplexes)
along the eastern portion of the site should be included as a condition to provide a land use transition
and contribute to neighborhood compatibility in conjunction with stormwater facilities, landscaping,
walkways and trails.
Regarding respecting heritage and neighborhood character, proximity to the Sheely Drive Historic
Landmark District will require subsequent development to comply with Section 3.4.7 of the Land Use
Code — Historic and Cultural Resources. Finally, requiring two distinct housing types as a condition,
along with commercial uses, the future project would not be a one-dimensional, student-oriented
apartment complex. '
In order to implement W.C.A.P. policies LU 1.8 — LU 1.11, staff recommends condition number one that
any future development plan must include a housing type that offers variety besides multi-family
dwellings and promotes neighborhood compatibility (two-family dwellings in this case). Further, in order
to minimize the impacts associated with relying on the business model that calls for rent-by-the
bedroom, which often results in four-bedroom units or greater, and tends to narrow the market served by
the housing, staff recommends condition number two.
Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this request, must include two-family dwellings along the entire eastern
perimeter forming a buffer and transition between any multi-family buildings and houses
in the adjoining neighborhoods as generally indicated on the applicanYs Concept Plan
(applicant's exhibit 6) with exceptions made for stormwater facilities, private parks,
landscaping and walkways.
Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and
enlarged to 13.13 acres by this request, must not contain any dwelling units that feature
the rent-by-the-bedroom leasing model.
C. Citv Plan - Design Principles and Policies for Existing Neighborhoods:
"Principle LIV 26: Neighborhood Stability should be maintained and enhanced. Most existing residential
developments will remain largely unaffected by these Principles and Policies." (Page 77.)
The request to adjust the location, size and boundary between two zone districts results in a reduction in
the size of the N-C zone by 2.88 acre. Also, the location of the N-C zone, in terms of transitioning land
use intensity, is being shifted slightly further away from the neighborhoods to the east.
D. City Plan — Medium Density Mixed-Use Neighborhoods:
"Purpose: Medium Density Mixed-Use Neighborhoods are intended to function together with
surrounding Low Density Mixed-Use Neighborhoods and a centrally located Neighborhood or
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Community Commercial District, providing a more gradual fransifion in development intensity and
use." (Page 80.)
Principal LlV 29: Medium Density Mixed-Use Neighborhoods include a mix of inedium density
housing fypes, providing a transition and link between lower density neighborhoods and a
Neighborhood, Community Commercial or Employment district." (Page 80.)
The request to rezone continues to fulfill this Principle. Because the M-M-N zone district includes
permitted uses that are not residential, and in order to promote land use compatibility, and compliance
with the applicant's Concept Plan, staff recommends condition number three. Also, because the
purpose and policy for the M-M-N calls for gradual transitions versus mid-rise apartment buildings, staff
recommends establishing a maximum number of multi-family dwelling units as condition number four.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and
enlarged to 13.13 acres by this request, shall be limited to residential permitted uses and
accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units shall be
365.
E. Citv Plan — Medium Density Mixed-Use Neighborhoods:
"Principal LIV 29-3: Neighborhood or Commercial District. Integrate the design of a Medium Density
Mixed-Use Neighborhood with a Neighborhood Commercial or Community Commercial Districi.
Residents should be able to easily get to the Commercial District without the need to use an arterial
street." (Page 80.)
The request continues to promote this Principle. A street connection between the two neighborhoods to
the east and the subject parcel is precluded by decisions made in the late 1970's and early 1980's which
specifically called for not connecting Hobbit Street to Farm Tree Road, later renamed to Wallenberg
Drive. Instead, the connection linking the neighborhoods to the proposed N-C zone is made by the
existing bike trail system along the Canal Importation Basin Channel and Spring Creek and proposed
connections anticipated with future development.
F. City Plan — Medium Density Mixed-Use Neighborhoods:
"Principle LIV 29-5: Transitions. Encourage non-residential uses and larger buildings of attached and
multiple-family housing near the commercial core, with a transition to smaller buildings, such as duplex
and detached houses, closer to surrounding lower density neighborhoods." (Page 80.)
The request continues to promote this Principle. As noted, two family dwellings (duplexes) must be
placed along the eastern edge of the parcel per the aforementioned condition number one. In order to
implement this principle in this location, staff recommends condition number five.
Condition Number Five. The maximum allowable building height of the two-family
dwellings shall be two stories.
G. Citv Plan — Neighborhood Commercial Districts:
Item # 4 Page 5
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"Principle L/V 36: Neighborhood Commercial Districts will provide everyday goods and services for
nearby residents, and will be pedestrian-oriented places that serve as focal points for the surrounding
neighborhoods." (Page 89.)
While the shifted N-C zone will be slightly further away from the single family neighborhoods to the east,
it will remain within one-quarter mile (acknowledged to be a comfortable walking distance) of existing
residential neighborhoods including portions of the Shelly and Wallenberg neighborhoods as well as
neighborhoods to the north, south and west.
H. Citv Plan — Neighborhood Commercial Districts:
"Policy LIV 36.1: Mix of Uses. Neighborhood Commercial Districts may include a mix of neighborhood
serving uses, as follows:
• Principal uses: Grocery store, supermarket, or other type of anchor, such as a drugstore.
• Supporting uses: Retail, professional office, day care (adult and child) along with live-work
and residential units, civic/institutional uses, pocket parks, and other oufdoor gathering
�spaces and other supporting uses." (Page 89.)
This policy is the basis for the list of permitted uses allowed in the N-C zone as found in Section 4.23 of
the Land Use Code. In order to allow for a mix of intended primary and supporting uses, but not at the
expense of the primary uses, the Code sets a limit on the extent of residential uses, up to 30%, for
parcels larger than five acres (Section 4.23(D)(2) — Secondary Uses.) The rezone would result in a
parcel of 6.42 acres which, theoretically, could consist of 30%, or 1.9 acres, of residential uses. Per the
N-C zone district permitted use list, a variety of residential uses are permitted ranging from single family
detached up to multi-family.
Staff is concerned that allowing up to a maximum of 30% residential uses in combination with the overall
effect of the rezoning, would dilute the primary purpose of the N-C zone district. This concern is
amplified given the proximity of 13.13 acres of M-M-N zoning which could be increased by 1.9 acres in
the N-C zone. In order to ensure that the Concept Plan results in a mixed-use development consistent
with Citv Plan Principles and Policies, Staff recommends condition number six:
Condition Number Six: Development of the N-C zone district parcel, as adjusted and
reduced to 6.42 acres by this request, shall be limited to the primary and supporting uses
as envisioned by Principle LIV 36.1 of Citv Plan and Section 4.23(B) of the Land Use Code,
and that residential permitted uses are limited to Accessory Uses, Two-Family Dwellings
and Mixed-Use Dwe/lings in accordance with Section 4.23(D)(2) of the Land Use Code.
I. CitV Plan — Neighborhood Commercial Districts:
"Policy LIV 36.2: Location. Locafe Neighborhood Commercial Districfs near Low Densify and Medium
Density Mixed-Use Neighborhoods. Access for pedestrians should be a priority." (Page 89.)
The adjusted N-C zone will continue to be bordered on three sides by M-M-N zoning.
J. City Plan — Neighborhood Commercial Districts:
"Policy LIV 36.4: Relationship to Surrounding Neighborhoods. Infegrate the Neighborhood Commercial
Districf into the surrounding neighborhood using a connected pattern of sfreets and blocks that
Item # 4 Page 6
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contributes to the neighborhood's positive identity and image and allows residents to reach the District
without the need to use an arterial street." (Page 89.)
As mentioned, the N-C zone lacks a connection between Hobbit Street to Wallenberg Drive which is an
existing condition that is not the fault of the applicant. Due to existing natural features and development,
extending streets into surrounding neighborhoods is infeasible. Connectivity is provided by other modes
with the existing network of trails an�i public sidewalks. Future development will be required to make
connections to this network.
K. City Plan — Neighborhood Commercial Districts:
"Policy LIV 36.5: Integrate a Transit Stop. Integrate transit stop facilifies into the design of the District
and directly connect the transit stop to fransportation corridors that serve other districts and the rest of
the Cify." (Page 89.)
There is an existing northbound transit stop slightly north of where West Stuart Street tees into Shields
Street. With the adjustment in the zone districts, the N-C will continue to be conveniently served by
Transfort with direct connections to the West Elizabeth Street Enhanced Travel Corridor and the C.S.U.
Transit Center.
4. Warranted bv Chanqed Conditions Within the Neiqhborhood Surroundinq and Includinq
the Subject PropertV:
The applicant has provided documentation that the primary change in condition is that since the zoning
was placed on the property in 1997, existing grocery stores and drug stores have been constructed and
adequately serve the area. As a result, the market will not support comparable uses as an anchor to a
commercial site that is 9.34 acres at this location. These existing stores include:
• King Soopers at 2325 South College Avenue
• Whole Foods at 2201 South College Avenue
• Rite Aid at 1103 West Prospect Road
• King Soopers at 1015 South Taft Hill Road
In addition to these stores, the applicant has provided an exhibit showing other commercial centers in
the area that provide a variety of goods and services. These include:
• Spring Creek Plaza (Shields and Stuart)
• Fox Center (College and Prospect)
• Campus West (Shields and Elizabeth)
• Cimarron Plaza (Shields and Drake)
• Poudre Valley Plaza (Shields and Horsetooth)
• Drake Crossing (Shields and Drake)
Staff has evaluated the applicant's justification and agrees that the general area west of South College
Avenue is well-served with grocery and other retail stores that were originally intended to anchor the N-
C district at the current size of 9.34 acres. It is interesting to note that Steele's Market at the Drake
Center is no longer in business. Since 1997, it has become apparent to staff that a grocery store-
anchored center is not realistic or feasible from a market perspective within the foreseeable planning
Item # 4 Page 7
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timeframe at this location. Staff finds that this negates the reason for the nine-plus acre designation,
which was done with the goal of such a center and represents a change in condition over time that
justifies the rezoning request. (Please see applicanYs exhibit 3, N-C Zoning Study.)
5. Whether and the E�ctent To Which the Proposed Amendment is Compatible With Existinq
and Proposed Uses Surroundinq the Subiect Land and is the Appropriate Zone District for
the Land.
As noted, the request only shifts the location, size and boundary of the two existing zones such that the
N-C zone is reduced by 2.88 acres and the M-M-N zone is increased by the same amount. The location
of the N-C acreage is moved closer to the Stuart Street signalized intersection. Both Spring Creek on
the south and the Canal Importation Basin Channel on the east provide effective buffers for the benefit
of the existing neighborhoods. The proposed request does not create any additional impact or cause
any diminution in compatibility than that which exists under current zoning. Therefore, staff finds that the
request is compatible with existing and proposed uses surrounding the subject land and the adjustment
to the two zone districts is appropriate.
6. Whether and the Extent to Which the Proposed Amendment Would Result in Significantly
Adverse Impacts on the Natural Environment, Includinq, But Not Limited to Water, Air,
Noise, Stormwater Manaqement, Wildlife, Veqetation, Wetlands and the Natural
Functioninq of the Environment.
The Land Use Code contains provisions that protect the natural environment no matter what the
underlying zoning may be. In terms of the current request, there is no up-zoning to a more intense zone
district. Therefore, there would be no new permitted uses or any additional adverse impacts on the
natural environment that would need to be mitigated in order to comply with the Land Use Code.
7. Whether and the Extent to Which the Proposed Amendment Would Result in a Loqical and
Orderlv Development Pattern.
The result of the request shifts the location of the N-C zone to the south closer to the extension of West
Stuart Street which improves the access to the commercial center and reduces traffic on Hobbit Street
and the internal street system. Also, the size and shape of the M-M-N parcel along the eastern edge is
enlarged which contributes to neighborhood compatibility. Staff finds that the request improves the
development pattern on the subject parcel for the benefit of traffic circulation and land use transition
between M-M-N and R-L zone district to the east.
8. Neiqhborhood Information Meetinq.
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to a quasi-judicial
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss
a proposal of known controversy and/or significant impacts. A neighborhood meeting was held on
September 26, 2017. A summary of this meeting is attached. The result of the neighborhood
information meeting is the recommendation of six conditions of approval.
9. Conclusion and Findinqs of Fact:
In reviewing the request to adjust the location, size and boundary of the two zone districts on the subject
parcel, staff makes the following findings of fact:
Item # 4 Page 8
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A. Within the 19.55 acre parcel, the request to rezone 2.88 acres from N-C, Neighborhood
Commercial, to M-M-N, Medium Density Mixed-Use Neighborhood complies with the standards
and criteria of Section 2.9(H) of the Land Use Code.
B. In order to encourage and facilitate the orderly development of the 19.55 acres and to ensure
compliance with the policies and principles of the West Central Area Plan and Citv Plan, six
conditions of approval are recommended as allowed by Section 2.9(I).
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend that City Council approve Spring
Creek Rezoning, #REZ170001, based on the Findings of Fact of the Staff Report, subject to the
following conditions:
Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this request, must include two-family dwellings along the entire eastern
perimeter forming a buffer and transition between any multi-family buildings and houses
in the adjoining neighborhoods as generally indicated on the applicant's Concept Plan
(applicant's exhibit 6) with exceptions made for stormwater facilities, private parks,
landscaping and walkways.
Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and
enlarged to 13.13 acres by this request, must not contain any dwelling units that feature a
rent-by-the-bedroom leasing model.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and
enlarged to 13.13 acres by this request, shall be limited to residential permitted uses and
accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units shall be
365.
Condition Number Five. The maximum allowable building height of the two-family
dwellings shall be two stories.
Condition Number Six: Development of the N-C zone district parcel, as adjusted and
reduced to 6.42 acres by this request, shall be limited to the primary and supporting uses
as envisioned by Principle LIV 36.1 of Citv Plan and Section 4.23(B) of the Land Use Code,
and that residential permitted uses are limited to Accessory Uses, Two-Family Dwellings
and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use Code.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Applicant's Justification and Exhibits 1- 7 (PDF)
3. Neighborhood Meeting Summary (DOCX)
Item # 4 Page 9
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19.55 gross acres
NC 6.42 acres
MMN 13.13 acres
**TRANSFER 2.88 ACRES FROM NC TO MMN TO A MORE
LOGICAL LOCATION AT THE SIGNALIZED INTERSECTION
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MOTION TO RECOMMEND APPROVAL BY COI1
REZONING
(as recommended by staffl
I move that the Fort Collins Planning and Zoning Board recommend that City Council approve Spring Creek
Rezoning, #REZ170001 subject to and including the following six conditions:
Condition Number One: Development of the M-M-N parcel, as djusted a d enlarged to 13.13 acres by this
rezoning application shall include two-family dwellings along he entire e tern perimeter forming a buffer and
transition between any multi-family buildings and houses in th adjoini neighborhoods as generally indicated
on the applicant"s Concept Plan (applicant's exhibit 6) with exce ' s made for stormwater facilities, private
parks, landscaping and walkways.
Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and enlarged to 13.13
acres by this rezoning application, shall not contain any dwelling units that feature a rent-by-the-bedroom
leasing model.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and enlarged to 13.13
acres by this rezoning application, shall be limited to residential permitted uses and accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units shall be 365.
Condition Number Five. The maximum allowable building height of the two-family dwellings shall be two
stories.
C ndition Number Six: Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acre"s by
his t zoning application, shall be limited to the primary and supporting uses as envisioned by Principle LIV'�
36.1 City Plan and Section 4.23(B) of the Land Use Code, and that residential permitted uses shall be �trriited
to cessory Uses, Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section 423(D)(2) of
the Land Use Code.
This recommendation for approval with the six listed conditions is based upon the agenda materials, the
information and materials presented during the work session and this hearing, and the Board discussion on this
item with the following iindings:
That the rezoning and the conditions comply with all applicable Land Use Code requirements as stated
in the staff report prepared for this hearing and contained in the agenda materials.
That the information, analysis, findings of fact, and conclusions contained in the staff report included in
the agenda materials for this hearing are adopted by this Board.
That the six listed conditions comply with the provisions of LUC Section 22.9 in that they are necessary
to accomplish the purposes and intent of the LUC and have a reasonable nexus to the potential impacts
of the proposed rezoning and are roughly proportional in nature and extent to such impacts.
[Any additional findings you want to add]