HomeMy WebLinkAboutBUCKING HORSE - APU - APU120001 - REPORTS - RECOMMENDATION/REPORTBucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
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limited to no more than 24 chickens, no roosters, and shall be subject to
regulations of Chapter 4-117 of the City Code, with the exception of
maximum allowable quantity.
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May 17, 2012 Planning & Zoning Hearing
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existing pattern of lots on the north side of Blackbird Drive and Blue Yonder Drive
and contribute to a sense of residential character. The lots are separated from
the more intense use to the north by a distance of 40 feet of common open
space.
RECOMMENDATION:
Staff recommends approval of adding the aforementioned ten additions of
permitted use to the Bucking Horse Overall Development Plan, subject to the
following conditions:
1. For the three existing buildings on the Johnson Farm in the U-E,
there shall be no exterior alterations or additions as a result of the
conversion to Professional Office that would jeopardize the ability to obtain
local landmark designation.
2. For the Agricultural Activities in Urban Estate, at the time of
submittal for a Project Development Plan, an operations and management
plan shall be submitted for review and evaluation and must address all
aspects associated with manure management, such as location, collection,
storage, odor and insect control, erosion control and removal on a regular
basis. The plan shall also address all aspects associated with composting
and treatment of garden debris and refuse. In addition, storage of farm
equipment, tools, fertilizers and all other miscellaneous features of the
operation shall be enclosed or screened from the view from public streets.
Such plan shall demonstrate compliance with Chapter Four of City Code.
3. For the Multi -Family Dwellings in the L-M-N, such dwellings shall be
included on a Project Development Plan, that does not exceed 24 acres and
the number of dwelling units shall be capped such that the density on this
site specific development plan does not exceed 12 dwelling units per acre.
Further, for the entire portion of Bucking Horse O.D.P. zoned L-M-N,
including, the parcel devoted to multi -family as the addition of a permitted
use, the overall density shall not exceed the maximum allowable density of
9.00 dwelling units per acre. Finally, at the time of submittal for a P.D.P.,
the multi -family use shall be reviewed by the land use and development
standards contained in Medium Density Mixed -Use Neighborhood zone
district.
4. For the Standard Restaurant in the Industrial zone, there shall be no
exterior alterations or additions as a result of the conversion that would
jeopardize the ability to obtain local landmark designation.
5. For the Agricultural Activities (farm animals) on the Jessup Farm,
within the Bucking Horse O.D.P. the number of such animals shall be
Bucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
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C. Industrial
Retail
The addition of retail, to be allowed only where so designated on the Jessup
Farm within the Bucking Horse O.D.P., meets the criteria of Section 1.3.4(A)(B).
This is because the size, approximately, 5,188 square feet, is relatively minor
compared to the 13 acre parcel. The introduction of retail allows several historic
structures to be adaptively re -used. The primary impacts related to parking,
hours of operation and overall activity is well -buffered from the residences to the
south.
2. Agricultural Activities
The addition of agricultural activities, including farm animals, to be allowed only
where so designated on the Jessup Farm within the Bucking Horse O.D.P.,
meets the criteria of Section 1.3.4(A)(B). This is because the proposed uses are
primarily a large garden and the raising of 24 chickens (hens only, no roosters).
These uses are on the north side of the parking lot and restaurant and separated
from Blackbird Drive by 450 feet. There are no significant impacts associated
with these two uses.
3. Open -Air Farmers Market
The addition of an open-air fanners market, to be allowed only where so
designated on the Jessup Farm within the Bucking Horse O.D.P., meets the
criteria of Section 1.3.4(A)(B). This is because the proposed use would be
implemented on a seasonal basis and only on certain days of the week and
separated from Blackbird Drive by 300 feet.
4. Standard Restaurant
The addition of a standard restaurant, to be allowed only in the main farmhouse
of the Jessup Farm within the Bucking Horse O.D.P., meets the criteria of
Section 1.3.4(A)(B). This is because the proposed use would allow for the
adaptive re -use of the historic structure. The size of 3,500 square feet is
relatively small in relation to the 13-acre site. There is sufficient parking at times
when there would little other demand for the available parking.
5. Single Family Detached — Five Lots
The addition of five single family detached lots, to be allowed only where so
designated within the Jessup Farm within the Bucking Horse O.D.P., meets the
criteria of Section 1.3.4(A)(B). This is because the proposed lots are tied into an
Bucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
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increase in traffic even though total trip generation is reduced. There was
support for an active owner/developer versus bank -owned foreclosure
proceedings.
7. Findings of Fact and Conclusions:
A. Urban Estate
1. Professional Office
The addition of professional office, to be allowed only on the 2.5 acre Johnson
Farm, meets the criteria of Section 1.3.4(A)(B). This is primarily because the use
contains only 9,000 square feet, located next to an existing commercial use, and
fronts on a two-lane arterial street. Within the context of the undeveloped 85-
acre U-E zone, the impacts are minimal. In order to preserve the integrity of the
historic resources, a condition of approval is recommended requiring no
alterations to the exterior that would jeopardize the ability to be designated a
local landmark.
2. Agricultural Activities
The addition of agricultural activities, to be allowed only where so designated on
the Bucking Horse O.D.P., meets the criteria of Section 1.3.4(A)(B). This is
because a small farm consisting of three acres, including garden and farm
animals, is scaled appropriately given the context of the U-E district. The farm
contributes to the effective buffering of the railroad tracks, concrete batch plant,
and wastewater treatment plant. A small farm would typically be found in the U-E
in other areas of the Growth Management Area. A condition of approval is
recommended to ensure compatibility with the future residences.
B. Low Density Mixed -Use — Multi -Family Dwellings
The addition of multi -family dwellings, to be allowed only where so designated on
the Bucking Horse O.D.P., meets the criteria of Section 1.3.4(A)(B). This is
because the use is naturally buffered by the wood lot, railroad tracks and
collector roadways. As with the small farm, multi -family acts as a transitional use
in relationship with the more intensive uses to the east. The site has locational
attributes to employment, shopping, transit, schools, and a future neighborhood
park that are similar to other established multi -family dwellings throughout the
City. A condition of approval is recommended that sets density parameters that
are consistent with the overall L-M-N district and requires the P.D.P. to comply
with M-M-N land use and development design standards.
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With regard to adding five lots for single family detached dwellings as a permitted
use, staff finds that the impact is minimal. The new lots are aligned with six other
lots and will logically appear to be part of the residential area. The use of this
portion of the Jessup Farm for five single family detached dwellings has been
reviewed by the Landmark Preservation Commission and is supported.
Staff finds that the addition of five lots in the Industrial zone, as a component of
the Jessup Farm within the Bucking Horse O.D.P. is appropriate and conforms to
the basic characteristics of the Industrial zone as defined by the context of the
Jessup Farm / Artisan Village. Further, inclusion of such a use would not create
any adverse impacts and would be compatible with other listed uses permitted in
the Industrial zone / Jessup Farm / Artisan Village. Finally, the addition of five
lots at this location would not be detrimental to the public good.
Since there would be a buffer yard along the north property lines, the impacts
associated with Jessup Farm / Artisan Village would be mitigated thus complying
with the requirements of Section 3.5.1. Staff, therefore, finds that the request
meets all applicable criteria of Section 1.3.4.
F. Artisan Village Additions of Permitted Use - Summary
In summary, the preservation and adaptive reuse of the Jessup Farm preserves
the historic resources and creates a unique ambiance conducive to a shopping
experience not found elsewhere in the northern Colorado. Artisan Village
provides for the preservation and adaptive re -use of historic structures and
protects and enhances historic integrity of the farmstead.
Combined with the three uses that are already permitted in the Industrial zone,
the five non-residential additions of permitted use would provide a critical mass
for a vibrant, mixed -use neighborhood center. In essence, Artisan Village would
become a hybrid neighborhood center offering a distinctive mix of goods and
services that would conveniently serve the neighborhood and surrounding area
well. This particular blend of uses was never quite envisioned by City Plan or the
Land Use Code, both of which pre -date the local food and sustainability
movement.
6. Neighborhood Meeting:
A neighborhood meeting was held on March 19, 2012 and a summary is
attached. In general, there was support for the new direction as defined by the
amended O.D.P. There did not appear to be opposition to the proposed new
uses, particularly on the two historic farmsteads. There was no opposition in
amending the O.D.P. to shift the neighborhood center from mixed -use dwellings
along Nancy Gray Avenue to Artisan Village. There were concerns about an
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requirements of Section 3.5.1. Staff, therefore, finds that the request meets all
applicable criteria of Section 1.3.4.
D. Standard Restaurant
The standard restaurant would be in the main house and consists of 3,500
square feet. If 3,500 square feet were assigned the maximum allowable rate of
ten spaces per 1,000 square feet (3.2.2(K), then the number of spaces permitted
would be 35 spaces. As mentioned, the proposed parking lot includes 83
spaces. The outdoor patio is located on the north side of the building and is thus
shielded from the neighborhood. There is 325 feet of separation from Blackbird
Drive.
With regard to adding a 3,500 square foot restaurant, with an outdoor patio, as a
permitted use, Staff finds that the amount of square footage, 3,500 square feet,
relative to the size of Jessup Farm, 13 acres, creates minimal impact. The peak
demand for a restaurant does not coincide with the child care facility. The
adaptive reuse of the main house for a standard restaurant has been reviewed
by the Landmark Preservation Commission and is supported.
Staff finds that the addition of standard restaurant, with outdoor patio, in the
Industrial zone, as a component of the Jessup Farm within the Bucking Horse
O.D.P. is appropriate and conforms to the basic characteristics of the Industrial
zone district. Further, inclusion of such a use would not create any adverse
impacts and would be compatible with other listed uses permitted in the Industrial
zone. Finally, the addition of a standard restaurant at this location would not be
detrimental to the public good. Since there would be a buffer yard along the
south property line, the impacts associated with parking and hours of operation
would be mitigated thus complying with the requirements of Section 3.5.1. Staff,
therefore, finds that the request meets all applicable criteria of Section 1.3.4,
subject to the following condition:
There shall be no exterior alterations or additions as a result of the
conversion to Standard Restaurant that would jeopardize the ability
to obtain local landmark designation.
E. Single Family Detached Dwellings
Five single family detached lots located on north side of Blackbird Drive are
zoned Industrial. The lots are not isolated. Rather, they front on a local
residential street and align with six other lots to the east that are in the L-M-N
zone. There is nothing unusual about this pattern except for the location of the
zoning line. Adjoining the rear (north) property lines of these lots is open space
approximately 40 feet in depth creating separation from non-residential activities.
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restaurant and well -buffered from the residences to the south. The addition of
agricultural activities in the form of crop cultivation and raising chickens has been
reviewed by the Landmark Preservation Commission and is supported for
contributing to the preservation of the farmstead.
With regard to agricultural activities, Staff finds that the addition of this new use in
the Industrial zone, as a component of the Bucking Horse O.D.P. is appropriate
and conforms to the basic characteristics of the Industrial zone district. Further,
inclusion of such a use would not create any adverse impacts and would be
compatible with other listed uses permitted in the Industrial zone. Finally, the
addition of Urban Agriculture at this location would not be detrimental to the
public good. Since there would be a buffer yard along the south property line,
the impacts associated with agricultural activities would be mitigated thus
complying with the requirements of Section 3.5.1. Staff, therefore, finds that the
request meets all applicable criteria of Section 1.3.4., subject to the following
condition:
Farm Animals on the Jessup Farm, within the Bucking Horse O.D.P.
shall be limited to no more than 24 chickens, no roosters, and shall
be subject to regulations of Chapter 4-117 of the City Code, with the
exception of maximum allowable quantity.
C. Open Air Farmers Market
The open air farmers market would be located in the plaza north of the 83-space
parking lot. It would be open only on weekends and possibly one day during the
week. The plaza is located approximately 300 feet north of Blackbird Drive and
separated from the residences to the south by the child care facility and open
space.
With regard to adding an open-air farmers market as a permitted use, staff finds
that the use would be seasonal, not year-round. Typically, farmers markets
operate on a limited basis as to days and hours. The peak demand would not
coincide with either the child care facility or the restaurant. The inclusion of a
farmers market has been reviewed by the Landmark Preservation Commission
and is supported for contributing to the preservation of the farmstead.
Staff finds that the farmers market in the Industrial zone, as a component of the
Jessup Farm within the Bucking Horse O.D.P. is appropriate and conforms to the
basic characteristics of the Industrial zone district. Further, inclusion of such a
use would not create any adverse impacts and would be compatible with other
listed uses permitted in the Industrial zone. Finally, the addition of an open-air
farmers market at this location would not be detrimental to the public good.
Since there would be a buffer yard along the south property line, the impacts
associated with a farmers market would be mitigated thus complying with the
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The 83-space parking lot serves multiple uses. It would provide parking for child
care, limited indoor recreation, standard restaurant, retail buildings and farmers
market. Since the peak demand for the 83 spaces would vary, there are a
sufficient number of spaces to accommodate all the users without impacting the
single family residences to the south.
A Retail
The retail component would be distributed across four existing buildings totaling
5,188 square feet. It is anticipated that the loafing shed with its long rectangular
form would feature multiple tenants. If 5,188 square feet were assigned the
maximum allowable rate of four spaces per 1,000 square feet (per 3.2.2(K), then
the number of spaces permitted would be 20 spaces. The proposed parking lot
includes 83 spaces. Both the parking lot and retail activity would be north of
Blackbird Drive. The single family homes to the south of Blackbird Drive would
be buffered by the proposed child care facility and open space.
With regard to adding retail as a permitted use, Staff finds that the amount of
square footage, 5,188 square feet, relative to the size of Jessup Farm, 13 acres,
creates minimal impact. The peak demand for retail does not coincide with the
child care facility. The adaptive reuse of the buildings for retail has been
reviewed by the Landmark Preservation Commission and is supported.
Staff finds that the addition of 5,188 square feet of retail the Industrial zone, as a
component of the Jessup Farm within the Bucking Horse O.D.P. is appropriate
and conforms to the basic characteristics of the Industrial zone district. Further,
inclusion of such a use would not create any adverse impacts and would be
compatible with other listed uses permitted in the Industrial zone. Finally, the
addition of retail activity at this location would not be detrimental to the public
good. Since there would be a buffer yard along the south property line, the
impacts associated with parking and shopping would be mitigated thus complying
with the requirements of Section 3.5.1. Staff, therefore, finds that the request
meets all applicable criteria of Section 1.3.4.
B. Agricultural Activities
As proposed, the agricultural activities planned for the Jessup Farm are primarily
for the purpose of growing crops and raising approximately 24 chickens (hens,
no roosters). Although gardens could normally be interpreted as accessory uses,
the developer seeks to promote crop cultivation as a demonstration of locally
sustainable food production which has the characteristic of a principal use.
Further, the developer anticipates tenants who may be interested in growing the
fruits, vegetables or herbs as raw products that are harvested thus beginning the
value-added process. Both the garden and chicken coop are north of the
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For comparison purposes, the list of allowable uses in an L-M-N neighborhood
center are offered in order to illustrate how much the five additions have in
common with uses permitted in the L-M-N.
2003 O.D.P.
Bucking Horse
L-M-N Neigh. Ctr.
Office, Bank, Clinic
Retail
Convenience
Mixed -Use D.U.'s
Std. Restaurant
Std. Restaurant
Gallery, Studio
A . Activities
Gallery, Studio
Plant Nurseries
Farmers Market
Conv. Retail/Fuel
Vet Clinic
Single Family
Personal Business/
Bed and Breakfast
Service Shops
Child Care
Office, Bank, Clinic
Indoor Equip. Rental
Child Care
Recreational Uses
B & B
Adult Respite Care
As can be seen by the table, the 2002 O.D.P. selected only those permitted uses
in the Industrial zone considered at the time to be conducive to adaptive reuse of
the existing farmstead. Bucking Horse O.D.P. also seeks to adaptively reuse the
farmstead but with a different mix uses that acknowledges the locally grown food
and sustainability movement. The new vision for Artisan Village is to provide a
central location for locally grown or produced food. The restaurant would
promote the farm -to -fork theme. Craft food products that are value-added at the
local scale would be available on a limited retail basis. An open-air farmers'
market would be provided. The agricultural activities replicate those uses that
would have been found on the Jessup Farm during the time of its operation.
The request for five additions of permitted use for the Jessup Farm is
accompanied by the amended Overall Development Plan. A Project
Development Plan has also been submitted but is not ready to be scheduled for
a public hearing. This P.D.P. illustrates how the existing buildings will be reused:
Main House
1,362 sq.ft.
Restaurant
Garage
420 sq.ft.
Retail
Mechanic Shop
808 sq.ft.
Retail
Saddle Shop
543 sq.ft.
Retail
Loafing Shed
3,417 sq.ft.
Retail
Caretaker Office
851 sq.ft.
Office
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May 17, 2012 Planning & Zoning Hearing
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the land use and development standards contained in Medium
Density Mixed -Use Neighborhood zone district.
5. Additions of Permitted Use in the Industrial Zone District:
This is a request for five additions of permitted use. The area zoned Industrial is
13 acres in size and contains the historic Jessup Farm. It is designated on the
O.D.P. as Artisan Village. It presently contains the main farmhouse, caretaker's
house, barn, shed and other outbuildings. The site is located at the northeast
corner of Timberline Road and Blackbird Drive.
At the time of the initial zoning of 2001, the owners also owned land on the west
side of Timberline Road that contained existing industrial uses permitted in the
County. Extending Industrial zoning to the east side of Timberline, on the Jessup
Farm, was seen as a logical extension of the owner's commercial interests. At
the time of the original Johnson Property O.D.P. in 2002, the applicant, a
residential developer, had no interest in developing industrially zoned property
and left the Jessup Farm as is. The 2002 O.D.P. addressed the concern that
Industrial zoning, with all of its permitted uses, would put undue pressure on the
historic buildings and diminish the opportunity for adaptive reuse. Consequently
Industrial zoning was retained but not all permitted uses in the I zone were
allowed. For example, the O.D.P. restricted the uses by specifically stating a list
of only nine out of 72 total allowable land uses
The request includes five additions of permitted use. One of these, single family
detached dwellings, is required only because of the location of five new lots that
are north of the zone district line that divides the Industrial zone from the L-M-N
zone as defined by Blue Yonder Drive.
The table below lists the allowable uses as designated on the governing O.D.P.
and the list of proposed additions of permitted use. (Note that Bucking Horse
O.D.P. includes four uses that are already permitted under Industrial zoning —
child care facility, limited indoor recreation, food catering /small food production
and light industrial.)
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May 17, 2012 Planning & Zoning Hearing
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path next to the existing railroad tracks, beyond which are the non-residential
land uses of the Midpoint Business Park. To the south the site is bordered by
Nancy Gray Avenue, a collector roadway. To the north would be a local street,
where, as proposed, four houses would have their side lot lines.
The site would have the following attributes by being in close proximity to:
• Three-quarters of one mile to a neighborhood shopping center
• 1,000 feet from a major employment center
• 1,000 feet from Transfort Routes 17 and 18
• 250 feet from a future public neighborhood park
One-half mile from future neighborhood center (Artisan Village)
• One-half mile from future child care facility (Artisan Village)
• One-half mile from a public charter school (Liberty Common K — 6)
Three-quarters of one mile from a public charter high school.
It is not unusual for master planned neighborhoods to feature a multi -family
component. For example, Scotch Pines, Stonehenge, Parkwood, Landings,
Miramont, Pinecone, Fox Meadows, Willow Springs and Provincetown all include
multi -family projects at comparable densities as being proposed.
The proposed density is 13.00 dwelling units per acre. This is significant
because this density is only slightly higher than what is allowed in the L-M-N
zone but only for projects officially designated as being affordable to residents
below the area median income.
Staff finds that the addition of multi -family dwellings in the L-M-N zone, within the
Bucking Horse O.D.P. is appropriate and conforms to the basic characteristics of
the L-M-N zone district. Further, inclusion of such a use would not create any
adverse impacts and would be compatible with other listed uses permitted in the
L-M-N zone. The addition of multi -family at this location would not be detrimental
to the public good and would meet the requirements of Section 3.5.1. Finally,
multi -family dwellings at the proposed density are not a prohibited use. Staff,
therefore, finds that the request meets all applicable criteria of Section 1.3.4
subject to the following condition:
The multi -family dwellings shall be included on a Project
Development Plan that does not exceed 24 acres and the number of
dwelling units shall be capped such that the density on this site
specific development plan does not exceed 13 dwelling units per
acre. Further, for the entire portion of Bucking Horse O.D.P. zoned
L-M-N, including the parcel devoted to multi -family as the addition of
a permitted use, the overall density shall not exceed the maximum
allowable density of 9.00 dwelling units per acre. Finally, at the time
of submittal for a P.D.P., the multi -family use shall be reviewed by
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activities are not a prohibited use. Staff, therefore, finds that the request meets
all applicable criteria of Section 1.3.4 subject to the following condition:
At the time of submittal for a Project Development Plan, an
operations and management plan shall be submitted for review and
evaluation and must address all aspects associated with manure
management, such as location, collection, storage, odor and insect
control, erosion control and removal on a regular basis. The plan
shall also address all aspects associated with composting and
treatment of garden debris and refuse. In addition, storage of farm
equipment, tools, fertilizers and all other miscellaneous features of
the operation shall be enclosed or screened from the view from
public streets. Such plan shall demonstrate compliance with
Chapter Four of City Code.
4. Addition of Permitted Use in L-M-N Zone District:
This is a request for multi -family dwellings in the L-M-N that would exceed the
following maximum allowances:
• Greater than 12 dwelling units per acre in a single phase;
• Greater than 12 units per building;
• Greater than 14,000 square feet per building.
The request is for multi -family dwellings for approximately 300 dwelling units on
approximately 24 acres resulting in a density, in a single phase, of 13.00 dwelling
units per acre. As proposed, the project includes clubhouse, pool and other
amenities.
Multi -Family dwellings are a permitted use in the L-M-N. As a permitted use in
the L-M-N, a project of this scope would be eligible to seek Modifications of
Standard. With the proposal to exceed these three standards, however, the
project begins to take on more of the characteristics of a project in the M-M-N
zone. For this reason, the Addition of a Permitted Use is a more straightforward
approach.
There are 62 acres of Bucking Horse zoned L-M-N. Within this area, there would
be four housing types and a total of 528 dwelling units (including the multi-
family). This results in an overall density of 8.5 dwelling units per acre thus not
exceeding the allowable maximum of 9.00.
The parcel within the L-M-N is naturally buffered by the existing grove of mature
trees located on the slope to the west. Along the east, there would be a bike
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For the request to allow an professional office use on the Johnson Farm, staff
finds that it would not be detrimental to the public good and that professional
office is not a prohibited use. Further, staff finds that adding a professional office
to the U-E zone, as defined by the 85 acres within the Bucking Horse O.D.P., is
appropriate and conforms to the basic characteristics of the immediate
surrounding area. Given the contextual relationship between the historic
farmstead and the U-E zone, staff finds that the request meets all applicable
criteria of Section 1.3.4 subject to the following condition:
There shall be no exterior alterations or additions as a result of the
conversion to Professional Office that would jeopardize the ability to
obtain local landmark designation.
B. Agriculture Activities
This is a request to allow agricultural activities within the Urban Estate on
approximately three acres. These uses would be located in the southeast portion
of the property, next to the public neighborhood park, within the Waste Water
Treatment 1,000-foot odor buffer and adjacent to the railroad tracks.
The U-E single family lots, located within a cluster development plan, would be
separated from the farm by being located across Miles House Drive, a collector
roadway. Per Article Five, the definition states:
"Agricultural activity shall mean farming, including plowing, tillage,
cropping, installation of best management practices, seeding, cultivating
or harvesting for the production of food and fiber products (except
commercial logging and timber harvesting operations); the grazing or
raising of livestock (except in feedlots); aquaculture; sod production;
orchards; Christmas tree plantations; nurseries; and the cultivation of
products as part of a recognized commercial enterprise".
The agricultural activities are envisioned to include a small working farm featuring
farm animals such as chickens, turkeys, goats, cows and calves. The location is
logical due to the odor buffer. Combined with the public park, the farm will
provide a significant open space amenity for the U-E cluster development plan.
Staff finds that the addition of agricultural activities in the U-E zone, within the
Bucking Horse O.D.P. is appropriate and conforms to the basic characteristics of
the U-E zone district. Small working farms are typical for areas zone U-E or
located within the Growth Management Area. Further, inclusion of such a use
would not create any adverse impacts and would be compatible with other listed
uses permitted in the U-E zone. The addition of agricultural activities at this
location would not be detrimental to the public good and, with opportunities for
landscaping, would meet the requirements of Section 3.5.1. Finally, agricultural
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offering high visibility. The farmstead is served by ample space for parking
spaces. Professional Office is defined in Article Five as:
Professional office shall mean an office for professionals such as
physicians, dentists, lawyers, architects, engineers, artists, musicians,
designers, teachers, accountants or others who through training are
qualified to perform services of a professional nature and where no
storage or sale of merchandise exists.
In addition, Article Five allows the City to rely upon secondary sources related to
the planning and legal professions such as The New Illustrated Book of
Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom which
states:
"Office — a room or group of rooms used for conducting the affairs of a
business, profession, service industry or government and generally
furnished with desks, tables, files and communication equipment."
The conversion of the Johnson farmstead, eligible for landmark designation, has
been reviewed and supported by the Landmark Preservation Commission.
Recent similar conversions of the Preston Farmhouse (Harmony and Ziegler)
and the original Rigden Farm farmhouse have allowed for adaptive reuse for the
tenant and preservation of the exterior in compliance with the goals of historic
preservation.
As mentioned, the three buildings contain 9,000 square feet. If all of this square
footage became floor area for office (a conservative assumption) then a
reasonable amount of parking would be between 3.00 (general office maximum)
and 4.5 (medical office maximum) spaces per 1,000 square feet. This yields a
range of 27 to 40 spaces. With 2.5 acres, there is sufficient land area such that
at the time of development, these spaces can be accommodated onsite, with
appropriate landscaping and without impacting neighboring properties.
Allowing a professional office within a residential neighborhood is logical but only
as long as the building and project compatibility criteria of Section 3.5.1 are met.
In this case, since the farmstead predates the enactment of Urban Estate zoning,
and there are no existing large -lot subdivisions in the area, there are no
compatibility issues to address. The scale of the professional office is minor
relative to the size of the U-E zone. Other examples where professional offices
are found to be compatible with residential neighborhoods are Warren Shores,
Collindale, Willow Springs, and Sunstone to name but a few. Also, professional
offices are permitted in the N-C-B, Neighborhood Conservation Buffer zone
district and are acknowledged as an effective transitional land use between
commercial and residential neighborhoods.
Bucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
Page 5
Outside the aforementioned uses and the 1,000 odor buffer would be an
estimated 56 single family lots arranged as a U-E cluster development plan on
approximately 26 acre.
The U-E zoning was placed on the subject property in 2001 and with the
exception of the Johnson farmstead, remains undeveloped. The purpose
statement says:
The Urban Estate District is intended to be a setting for a predominance of
low -density and large -lot housing. The main purposes of this District are'to
acknowledge the presence of the many existing subdivisions which have
developed in these uses that function as parts of the community and to
provide additional locations for similar development, typically in transitional
locations between more intense urban development and rural or open
lands.
As can be seen, one of the express purposes of the U-E zone is to acknowledge
the presence of existing large -lot subdivisions that were typically developed in
Larimer County and are now either annexed or within the Growth Management
Area. It is important to note that in this case, there are no existing large lot
subdivisions within a one -mile radius. Unlike other areas zoned U-E, there are
no existing rural, or semi -rural residential neighborhoods that typically feature
agricultural characteristics such as small farms, crops, barns, out -buildings, large
animals, hay storage, silage, farm equipment, gravel driveways, wells, and the
like. In fact, it is the developer's intent to introduce some of these features as
new development but none exist now.
Further, the context of the immediate area is characterized by the existing Cargill
Plant Research Laboratory to the west and by proximity to Drake Road, classified
as a two-lane arterial street. To the south is Rigden Farm, zoned L-M-N that
features a mix of single family detached and attached dwellings and long term
care facility. One-half mile to the west is the Rigden Farm neighborhood center
(King Soopers) and one-half mile to the east is a concrete batch plant and the
City's Waste Water Treatment Plant, which includes a 1,000 foot odor buffer that
encroaches onto the southeast corner of the parcel. (This 1,000-foot buffer is a
carryover from the Johnson Property O.D.P. that was mandated per Section
3.4.2(C)(2).) The Poudre River is just beyond the Treatment Plan.
A. Johnson Farm Professional Office
The request is to allow a professional office use but only within the 2.5 acre
Johnson Farmstead. The office use is proposed for the two-story main
farmhouse, caretaker's house and barn. The three structures contain
approximately 9,000 square feet and are prominently located along Drake Road
Bucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
Page 4
3. Criteria for Additions of Permitted Use:
Sections 1.3.4(A) and (B) contain seven criteria by which to review the requests
for additions of permitted use. Since all 10 uses must comply, the review criteria
are that each use must comply with the following:
• Appropriate in the zone district to which it is added;
• Conforms to the basic characteristics of the zone and other permitted
uses in the zone district to which it is added;
• Does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi -public facilities, utilities or
services, adverse effect on public health, safety, morals or aesthetics,
or other adverse impacts of development, than the amount normally
resulting from the other permitted uses listed in the zone district to
which it is added;
• Compatible with other listed permitted uses in the zone;
• Compliance with Section 3.5.1 (Compatible with Surrounding Area);
• Would not be detrimental to the public good;
• Not specifically listed as a "Prohibited Use."
3. Additions of Permitted Use in the Urban Estate Zone:
The U-E portion of Bucking Horse contains 85 acres and includes the 2.5 acre
Johnson Farm historic farmstead. The farmstead includes a large barn, an
existing farmhouse, caretaker's house and several smaller outbuildings. As a
farmstead, the buildings and grounds are eligible for local landmark designation.
As a condition of rezoning from T, Transition to U-E in 2001, there is a 1,000-foot
odor buffer for the benefit of the City's Wastewater Treatment Plant in which
residences or commercial buildings are prohibited. As proposed by the Bucking
Horse O.D.P., within this buffer, there would be agricultural activities (three
acres), animal boarding (which is permitted in U-E and would include riding arena
on 2.5 acres) and pasture. A six acre public neighborhood park is also proposed.
Bucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
Page 3
Johnson Property O.D.P. approved in April of 2002, 227 acres
Johnson Property Amended O.D.P. approved in February of 2003, 227 acres.
Sidehill Filing One (partially completed, and not a part of the Bucking Horse
O.D.P.) was approved in November of 2003 and contains 218 acres.
Sidehill Filing Two (partially completed with vacant portions now included in
Bucking Horse O.D.P.) was approved in August of 2005 and contains 179 acres.
Sidehill Filing Three was a replat of Sidehill Filing One and contains only 19 lots.
As can be seen by the chronology, ten years have elapsed since the four zone
districts were established and the first O.D.P. was approved. Both the new
Bucking Horse O.D.P. and the request for additions of permitted use represent a
response to the considerable changes to the overall economy and the Northern
Colorado real estate market have that have occurred since original master
planning for this area.
2. Summary of Requests for Additions of Permitted Use:
There are eight requests for additions of permitted use to be distributed across
three zone districts. (One of these uses, agricultural activities is being requested
in two zone districts.) The following table summarizes the requested uses by
zone district:
U-E
L-M-N
Industrial
Johnson Farm
Jessup Farm
Prof. Office
Multi -Family
Retail
Agricultural Activities
Agricultural Activities
Farmers' Market
Standard Restaurant
Single Family Detached
Bucking Horse Additions of Permitted Use, #APU 120001
May 17, 2012 Planning & Zoning Hearing
Page 2
EXECUTIVE SUMMARY:
Bucking Horse O.D.P. is an amendment of the Johnson Property O.D.P. which
was approved ten years ago and, due to economic conditions and foreclosure
proceedings, now contains 153 vacant acres. A new developer has obtained
control of the parcel and envisions a significantly more diverse mix of land uses
than otherwise can be provided by either the old O.D.P. or by the three existing
zone districts. The request for additions of permitted has been evaluated and
found to be in compliance with Section 1.3.4. A neighborhood meeting was held
for the Bucking Horse O.D.P., Additions of Permitted Use and P.D.P.
COMMENTS:
Background:
The surrounding zoning and land uses are as follows:
N: Employment; Commercial
S: L-M-N; Single family and attached single family
M-M-N; Long Term Care
N-C; Neighborhood shopping center
E: River Conservation; Concrete Plant and Wastewater Treatment
Employment; Commercial and Institutional (County Jail)
Industrial; Commercial and Institutional (County Jail)
W: M-M-N; Vacant (future multi -family)
Employment; Institutional (Police Building)
Industrial; Miscellaneous commercial and vacant parcels
The 153 acres were included as part of the larger 435 acre Timberline
Annexation and annexed in November of 1997 as an enclave. The area was
placed into the T, Transition zone district. In 2001, in anticipation of the Johnson
Property O.D.P., T, Transition zoning was replaced with the following:
Urban Estate 85.51 acres
Low Density Mixed -Use Neighborhood 97.03 acres
Medium Density Mixed -Use Neighborhood 30.09 acres
Industrial 14.05 acres
City O1 ITEM NO
Fort Collins MEETING DATE 5�a
STAFF ✓'
PLANNIN? & ZONING BOARD
PROJECT: Bucking Horse Additions of Permitted Use, #APU 120001
APPLICANT: Russell + Mills Studios
c/o Craig Russell
141 South College Avenue, Suite 104
Fort Collins, CO 80524
OWNER: Bucking Horse, LLC and Jessup Farm, LLC
c/o Gino Campana
3702 Manhattan Avenue, Suite 201
Fort Collins, CO 80526
PROJECT DESCRIPTION:
Request to add eight new uses in conjunction with and only to the vacant
portions of the former Johnson Farm Amended Overall Development Plan which
has been renamed to Bucking Horse O.D.P. The parcel contains 153 acres. A
portion of the Johnson Farm Amended O.D.P. has been developed and is
referred to as Sidehill. No proposed additions of permitted use would include
areas where development exists. The eight uses would be distributed among
three zones; Urban Estate, Low Density Mixed -Use Neighborhood and Industrial.
For the area designated as the Johnson Farm, zoned Urban Estate, located at
the southeast end of the O.D.P., along Drake Road, the request is to add
professional office and agricultural activities. This area contains 85.51 acres.
For the area zoned L-M-N, located along the eastern portion of the O.D.P., the
request is to add multi -family dwellings at a density estimated to be 13 dwelling
units per acre, with greater than 12 units per building and with each building
exceeding 14,000 square feet. This area contains 23.5 acres.
For the area designated as the Jessup Farm, zoned Industrial, located at the
northwest end of the 153 acre O.D.P., along Timberline Road, the new uses
include retail, agricultural activities, open air farmers market, standard restaurant,
single family detached dwellings. This area contains 13 acres and has been
designated as Artisan Village.
RECOMMENDATION: Approval with conditions.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750