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Home My WebLink AboutSPRING CREEK FARMS NORTH - ODP - ODP110001 - CORRESPONDENCE - (8)4 Cameron Gloss, Planning Director Current Planning Department P.O. Box 580 Fort Collins, CO 80522-0580 The Cumberland Companies, Inc. 6300 South Syracuse Way, Suite 293 • Englewood, CO 80111 303/779-9009 • Fax 303/220-1818 June 1, 2004 RE: Request for Code Interpretation — Spring Creek Farm project at the N.W. corner of Drake and Timberline, Fort Collins, CO. Dear Mr. Gloss: I am writing to request a code interpretation from you on three items related to our Spring Creek Farms project. These items are: 1. Confirmation that a City Police Administration / Headquarters Building (Police Facility) shall be defined as a "Community Facility", and not a "Public Facility or Public Use" under the City's Land Use Code (LUC), and is therefore considered a Primary Use within the MMN Zone District (not a Secondary Use). 2. Confirmation that the 15% land area of the "Development Plan" permitted for Secondary Uses within the MMN Zone District is based on the project's total 55 + acres contained within the approved Spring Creek Farms ODP. 3. Confirmation that "Personal and Business Service Shops" within the MMN Zone District includes: food / beverage service facilities where no food manufacturing is done on the premises. This may include, but not be limited to: coffee / tea shops, candy stores, pastry / baked goods resellers, etc. Please contact me at (720) 771-1442 if you have any questions. Anything you can do to respond to our Code, Interpretation Requests in timely manner ;s gr_atly appreciated. Thank you for your assistance. Cordially, Brock C a n Vice President Cc: Steve Maguire, Cumberland Companies Ralph Campano, Ft. Collins Real Estate Services Are facilities that serve food and beverages, but provide no preparation on -site, including but not limited to coffee/tea shops, candy stores, pastry/baked goods resellers, etc, considered "Personal and Business Service Shops"? No. All of the above uses are considered restaurants as defined under Section 5.1 in that they are a 11establishment(s) in which the principal business is the sale of foods and beverages to the customer in a ready -to - consume state...". In contrast to this definition are Personal and Business Service shops which are defined as "shops engaged in providing services generally involving the care of the person or such person's apparel or rendering services to business establishments such as laundry or dry- cleaning retail outlets, portrait/photographic studios, beauty or barber shops, employment service, or mailing or copy shops". Such definition does not rule out any restaurant or food service use from the Spring Creek Farms North ODP. Potentially, such use may be permitted if it is an accessory use, i.e.- "clearly incidental and subordinate to the principal use of the land or building". City staff reserves the right to review the size and operating characteristics of a future restaurant or other food service use on the property to ensure that it is of a scale and intensity } that it constitutes an accessory use. CC: Bob Barkeen Paul Eckman Greg Byrne Brock Chapman ij INTERPRETATION: ev In response to the questions asked above: Is a City Police Administration/Headquarters Building defined as a "Community Facility", a "Public Facility" or a "Public Use" under the Land Use Code, and is it considered a Primary or Secondary Use within the M-M- N zone district? Clearly, any police facility would be considered a "public use" in that it is owned and operated by the City for a specific public use. The more difficult question is whether the facility would be a "community facility' or a "public facility". Under the definitions provided for these two terms in Section 5.1.2, community facilities appear to be differentiated from public facilities based on the size of the area served by the facility. Community facilities are specifically defined as " primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole". Even though public facilities can include fire, police and emergency facilities, they are more generally defined, e.g.- storm drainage systems and facilities, than community facilities. Based on its size and City-wide service area, the proposed Police Administration/Headquarters building would be considered a "community facility". Community facilities are specifically listed under Section 4.5 (D)(4) as a primary use within the M-M-N zone district. Public facilities are therefore secondary uses within this district. Is the maximum15% land area dedicated to Secondary Uses based on the 55 acres contained within the entire Overall Development Plan (ODP)? Under Section 4.5(D)(4), secondary uses may occupy no more than fifteen (15) percent of the total gross area of any development plan. Since the ODP level of planning is intended to establish the overall land use pattern on a property, it is logical that the secondary use restriction apply at this stage of planning rather than at the Project Development Plan (PDP) level. This is substantiated by a specific exemption of the secondary use provision for properties of less than 10 acres in size. The Spring Creek Farms North Overall Development Plan (ODP) contains a total of 55 acres: 29.6 acres zoned M-M-N, and 18.5 acres zoned L-M-N. Since the limitation on secondary uses applies to M-M-N district, but not the L-M-N district, only that land area within the ODP zoned M-M-N- would be the basis for the amount of secondary uses permitted. Given the M-M-N zoned acreage within the Spring Creek Farms North ODP, a maximum of 4.44 acres can be developed with secondary uses. 01 3r P \4 s .. w.'s•. JJ� City of Fort Collins Community Planning and Environmental Services Current Planning TO: Interested Parties FROM: Cameron Glos - Current PlanningDirec or DATE: June 17, 2004 ; . SUBJECT: Administrative Interpretation01-04 regarding the application of Sections 4.5(8), Permitted Uses and Section 4.5 (D) Secondary Uses standards,' within the M-M-N zone district of the `Land`Use Code .,; BACKGROUND: Section 4.5 of the Land. Use Code defines the purpose of the Medium Density ,l Mixed -Use Neighborhood (M-M-N) and sets standards for land use and design. A request has been received to interpret several subsections of Section 4.5'6f the Code as it relates to the Spring Creek Farms North Overall Development Plan (ODP) at the northwest corner of E; Drake -'and Timberline Roads. The following three'questions"have been posed for interpretation:`' �,j Is a City Police'Administeation/Headquarters Building' defined as a "Community Facility", a"Public Facility" or -a "Public Use" under the Land Use Code, and is it considered a Primary or Secondary Use within the M- M-N zone'district? Is the maximum15% land area dedicated to Secondary Uses based on the 55 acres contained within the entire Overall Development Plan? Are facilities that serve food and beverages, but provide no preparation on -site, including but not limited to coffee/tea shops, candy stores, pastry/baked goods resellers, etc, considered "Personal and Business Service Shops"? 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 I Community Planning and Environmental Services Current Planning City of Fort Collins TO: , Interested Parties FROM: Cameron Gloss 7 Current Planning Director DATE: August 16, 2004 SUBJECT: This memo is an update meant to supercede the Administrative Interpretation #1-04 regarding the application of Section 4.5 (D) Secondary Uses standards, within the M-M-N zone district of the Land Use Code relating to the Spring Creek Farms North ODP. BACKGROUND: (" The applicant has approval to proceed with development of the Spring Creek Farms North Overall Development Plan (ODP) at the northwest corner of E. Drake and Timberline Roads. An administrative interpretation concluded that a maximum of 4.44 acres can be developed for secondary uses within this ODP. This was based on the code provision that a maximum of 15% land area can be dedicated to Secondary Uses and the acreage designated Medium Density Mixed Use Neighborhood (M-M-N). The applicant has pointed out that the total acreage assigned to the property should also include those portions zoned Employment (E) which make up an additional 7.1 acres. INTERPRETATION: The Spring Creek Farms North Overall Development Plan (ODP) contains a total of 55 acres: 29.6 acres zoned M-M-N, and 7.1 acres zoned E. Therefore, a maximum of 5.05 acres can be developed with secondary uses. CC: Bob Barkeen Paul Eckman Greg Byrne Brock Chapman 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Page 3 of 3 On Jun 3, 2010, at 10:43 AM, Steve Olt wrote: Terence, Regarding the Spring Creek Farms North, Overall Development Plan (ODP) as it relates to the proposed Spring Creek Farms Apartments affordable housing project, after further consideration (based on an interpretation of the definition of dwelling, single-familyattachea) my opinion is that the ODP would have to be amended to accommodate the "multi -family" residential project (in the location as identified). On the ODP Parcel A is approved for "Single -Family Residential; Attached, Detached and Two -Family Dwellings". The project as now proposed would contain 10 residential buildings, 2- and 3- stories in height, each containing 12 dwelling units. Each building with multiple units would presumably be on one lot or parcel. The only type of residential use approved on Parcel A that would allow for multi -family residential is the "single- family attached", which by definition in the City's Land Use Code (LUC) is: A single-family dwelling attached to one (1) or more dwellings or buildings, with each dwelling located on its own separate lot. In this case it is assumed that each dwelling unit would not be located on its own separate lot. Therefore, for the applicant to move forward with the project as planned an amendment to the Spring Creek Farms North, ODP would be necessary, which would require Planning & Zoning Board approval. Also, a Project Development Plan for the development would go to the Board for a decision because the buildings as proposed would contain more than 8 units per building. For reference please see Section 4.5(13)(3)(a)3 in the LMN, Low Density Mixed -Use Neighborhood District in the LUC. I apologize for the timing of this interpretation of the LUC. Steve Olt Project Planner file://C:\Documents and Settings\solt\Local Settings\Temp\GW}00001.HTM 6/3/2010 Page 2 of 3 Good point. Parcel B of the approved ODP shows "Single -Family Residential Attached/Multi- Family Residential' as proposed land uses in that parcel. The Police Facility is located in Parcel B I will have to ask Ted if an ODP amendment was requested and approved along with the. Police Facility, PDP. Also, the language in General Note 5 on the ODP could be an important part of the determination. It states: "The proposed land uses and densities shown on this plan are estimates of development potential. Approval of the ODP by the City does not constitute final approval of these land uses, design, or densities. Rather, any further land uses must be approved according to the procedures, processes, and criteria of the City of Fort Collins Land Use Code." I will get back to you shortly. Steve >>> Terence Hoaglund <HOAGLUND @VIGNETTESTUDIOS _COM.> 6/3/2010 11:09 AM >>> Steve, Thinking about this from our conversation yesterday, how did the Police Facility get approved without an ODP amendment? That is a use allowed in MMN, but is not a use specifically allowed in the ODP either. I am not trying to split hairs, but do want consistency applied. Terence Hoaglund, RLA, ASLA LEED AP Principal Vignette Studios PO Box 1889 Fort Collins, CO 80522-1889 970.472.9125 970.372.2150 (direct) 866.902.4163 (fax) hoaolund0vionettestudios.com www.vigneftestudios.com check out my blogs www. mybuiltenvironment.com www.lostfortcollins.net This email communication is confidential and is solely for the use of the named recipient(s). Any use or dissemination of this transmission by anyone other than the intended recipient(s) or their duly authorized agent(s) is strictly prohibited. file://C:\Documents and Settings\solt\Local Settings\Temp\GW}OOOOI.HTM- 6/3/2010 Pagel of 3 Steve Olt - Re: Spring Creek Farms From: Terence Hoaglund <HOAGLUND@VIGNETTESTUDIOS.COM> To: Steve Olt <SOLT@fcgov.com> Date: 6/3/2010 1:27 PM Subject: Re: Spring Creek Farms Steve, That was going to be my next point. Iha_ve also been told there is a letter of interpretation regrading this project that Cameron did. I do not haveIha copy of it. That letter is supposed to be about the unit cap as it relates to affordable housing. You might look for that as well, and if I get a copy of it, I will pass it along. Terence Hoaglund, RLA, ASLA LEED AP Principal Vignette Studios PO Box 1889 Fort Collins, CO 80522-1889 970.472.9125 970.372.2150 (direct) 866.902.4163 (fax) hoaglund@vignettestudios.com www.vianeftestudios.com check out my blogs www. mybuiltenvironment.com www.lostfortcollins.net This email communication is confidential and is solely for the use of the named recipient(s). Any use. or dissemination of this transmission by anyone other than the intended recipient(s) or their duly authorized agent(s) is strictly prohibited. On Jun 3, 2010, at 1:19 PM, Steve Olt wrote: Terence, file:HCADocuments and Settings\solt\Local Settings\Temp\GW}0000I.HTM 6/3/2010