HomeMy WebLinkAboutFOX MEADOWS TRACT B - MODIFICATION OF STANDARD - 19-05 - REPORTS - RECOMMENDATION/REPORTFox Meadows Business Park, Tract B, Request for Modification of Standard,
# 19-05.
April 21, 2005 P & Z Meeting
Page 8
(2.) The stand-alone Modification Request as submitted will not diverge
from the standards of the Land Use Code that are authorized by
this Division to be modified except in a nominal, inconsequential
way when considered from the perspective of the entire Horsetooth
— Timberline Employment District, and will continue to advance the
purposes of the Land Use Code as contained in Section 1.2.2. The
subject two acres of land represents only 1.7% of the total of
116.48 acres in this particular geographical Employment District.
(3.) If the remaining 5.44 vacant acres within the 116.48 acre District
develop as secondary uses, then the mix of primary -to -secondary
uses would be 68%-to-32%. Such a worse -case scenario
represents a nominal and inconsequential difference as compared
with the required 75%-to-25% mix.
RECOMMENDATION:
Staff recommends approval of the Fox Meadow Business Park, Tract B Request
for Modification of Standard to Section 4.22(D)(2), #19-05, subject to the
following condition:
Approved with the condition that the secondary uses be limited to
health and membership clubs, limited indoor recreation
establishments, child care centers, and the allowable accessory uses
typically associated with supporting such uses.
Fox Meadows Business Park, Tract B, Request for Modification of Standard,
# 19-05.
April 21, 2005 P & Z Meeting
Page 7
8. Staff Conclusion:
In evaluating this request, Staff is persuaded by evidence of an existing thriving
Employment District. While this area has been developing since the early
1980's, and does not, therefore, constitute a pure City Plan vision, the area
nonetheless is economically vibrant. There are several major employers and
several medical offices. Multi -tenant office buildings feature a variety of small
professional firms specializing in engineering, high tech, and communications.
The G.I.S. analysis indicates that the mix of land uses is dominated by primary
employers with a variety of supporting secondary uses at a ratio that is only
slightly less than the prescribed mix. Further, a health club is a secondary use
that has a logical benefit of being in close proximity to employers. Many large
employers either provide onsite facilities or contribute toward a membership as
part of a benefit package.
The central issue is to what level of refinement can the Planning and Zoning
Board expect to precisely calibrate the mix of primary and secondary uses?
Staff's analysis suggests that the allowing the subject two acres to develop as a
secondary uses does not diminish the City Plan vision of establishing a bona fide
Employment District at the 75%-to-25% primary -to -secondary mix.
9. Findings of Fact:
In evaluating the Request for Modification, and in fulfillment of the requirements
of Section 2.8.2(H), Staff makes the following findings:
A. A Modification of Standard is required for Section 4.22(D)(2) to allow
greater than 25% of the two acre site to feature secondary uses. In the
Employment zone, health and membership clubs are permitted secondary
uses.
B. This Modification complies with the criteria of Section 2.8.2(H) in that:
(1.) The granting of the Modification would not be detrimental to the
public good and is equal to or better than a plan that would
otherwise comply. This is because the land use, health club, is
permitted and the slight increase in allowable secondary uses from
will not be of such a magnitude as to compromise the general
purpose of the Employment zone.
Fox Meadows Business Park, Tract B, Request for Modification of Standard,
#19-05.
April 21, 2005 P & Z Meeting
Page 6
Total acres in district 185.76 ac.
Less area of right-of-way and detention ponds 68.66 ac.
Less fire station .62 ac.
Net land area in district 116.48 ac.
Total acres developed as primary uses
79.38 ac.
68%
Total acres developed as secondary uses
18.80 ac.
16%
Total approved (not built) for secondary uses
12.86 ac.
11 %
Total vacant acres (including subject site)
5.44 ac.
4.6%
Total
116.48 ac.
100%
The data reveals that of the 116.48 net developable acres in the district, only
5.44 acres, or 4.6%, remain vacant, of which the subject site comprises two
acres.
There are 12.86 acres approved for secondary uses but not constructed. (Of
these, a .80 acre parcel is in the process of converting to a primary use for an
office building.)
A further breakdown between existing primary and secondary uses within this
district is provided. Of the 116.48 developable acres (minus the fire station),
there are 79.38 acres (68%) of existing primary uses and 31.66 acres (27%) of
existing and potential secondary uses.
Despite this district being in the development stages since the early-1980's, and
subject to two different regulatory systems, the current breakdown between
primary and secondary uses of 68%-to-27% closely resembles the 75%-to-25%
ratio as envisioned by the requirements of the Employment District of the Land
Use Code.
What if all the remaining vacant 5.44 acres were to develop as secondary uses?
Then the division between primary and secondary uses would be 68%-to-32%.
The difference between this hypothetical worst -case scenario and the prescribed
mix is merely seven percent out of a total of 116.48 acres. This difference can
be considered nominal and inconsequential.
Fox Meadows Business Park, Tract B, Request for Modification of Standard,
# 19-05.
April 21, 2005 P & Z Meeting
Page 5
7. Evaluation of the Applicant's Request:
Staff has evaluated the applicant's request against the criteria provided in
Section 2.8.2(H) of the Land Use Code. The applicant has cited two criteria.
The Staff evaluation follows these two criteria.
A. Section 2.8.2(H)(1) — "...Equally Well or Better Than..."
The purpose statement of the Employment zone contains the following:
"This District is also intended to accommodate secondary uses that
complement or support the primary workplace uses, such as hotels,
restaurants, convenience shopping, child care and housing."
The District is envisioned to be a mix of primary and secondary uses. A health
and membership club is an allowable secondary use that would indeed
complement and support the primary workplace uses. As a permitted secondary
use, a health and membership club would promote the general purpose of the
standard for which the modification is requested equally well or better than would
a plan that would be a primary use.
B. Section 2.8.2(H)(4) - "...Nominal and Inconsequential..."
In order for the Employment District not to be over -dominated by secondary
uses, the 25% cap was prescribed as the upper limit. This balancing point is
enforced on a per -development -plan basis. While this makes sense for larger
master -planned parcels, it is difficult to apply on remnant parcels that were
originally divided under the previous regulatory system.
For purposes of analysis, Staff has identified the Horsetooth — Timberline
Employment zone as a whole. (Please refer to the map.) Staff contends that it
may be as equally, if not more, valid to analyze the district as a whole versus the
single two -acre development plan. According to the Land Use Code:
"The Employment District is intended to provide locations for a variety of
workplaces including light industrial uses, research and development
activities, offices and institutions."
The question is how would allowing 100% secondary uses on a two acre parcel
in this district impact the City's ability to provide a variety of workplaces?
Using G.I.S. data, the following information on this district is provided.
Fox Meadows Business Park, Tract B, Request for Modification of Standard,
# 19-05.
April 21, 2005 P & Z Meeting
Page 4
A. The parcel was created by the construction of Bighorn Drive in the late
1980's as development of Fox Meadows proceeded in a number of
phases. In addition, the area south of Bighorn Drive was further divided to
provide the detention pond which was sized to accommodate stormwater
runoff from the entire 15 acre Fox Meadows Business Park. These
actions have resulted in creating the two acres of land that is the subject
parcel. This parcel was formed prior to City Plan and the subsequent
zoning designation as E, Employment.
B. Under the previous Land Development Guidance System, this parcel was
envisioned to be either a day care or a neighborhood convenience center.
It is now zoned Employment but remains only two acres in size.
C. Since the adoption of City Plan, the site has been actively marketed with
Employment zoning and yet primary uses are not attracted to this parcel.
6. Review of the Modification Criteria — Section 2.8.2(H):
The citation for the applicable review criteria for a Modification is as follows:
(H) Step 8 (Standards): Applicable, and the Planning and Zoning Board may grant
a modification of standards only if it finds that the granting of the modification
would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for
which the modification is requested equally well or better than would a plan
which complies with the standard for which a modification is requested, or
(4) the plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
Fox Meadows Business Park, Tract B, Request for Modification of Standard,
#19-05.
April 21, 2005 P & Z Meeting
Page 3
The subject parcel is vacant. The extension of vesting that was granted by the
Determination of Vested Rights in 1997 has expired.
2. Fox Meadows Business Park O.D.P.:
The original O.D.P. of 1988 designated the subject parcel as "Day Care" and
"Multi -Family." The amended O.D.P. of 1990 designated the area as
"Neighborhood Convenience Center" and "Detention Pond."
As mentioned, in 1997, the O.D.P. was granted a Determination of Vested Rights
which extended the approval to 2000. The O.D.P. has since expired.
3. Stand-alone Modification:
There is no P.D.P. associated with this Request for Modification. A stand-alone
modification is permitted. If granted, such a modification would be valid for a
period of one year during which a P.D.P. may incorporate the modification.
4. Review of the Standard — Section 4.22(D)(2):
The citation is as follows:
(2) Secondary Uses. All secondary uses shall be integrated both in function and
appearance into a larger employment district development plan that
emphasizes primary uses. A secondary use shall be subject to
administrative review or Planning and Zoning Board review as
required for such use in Section 4.22(B). The following permitted
uses shall be considered secondary uses in this zone district and
together shall occupy no more than twenty-five (25) percent of the
total gross area of the development plan.
5. Summary of Applicant's Request:
The applicant has provided a narrative describing the request (see attached). In
summary, the applicant asks the Planning and Zoning Board to consider the
following:
Fox Meadows Business Park, Tract B, Request for Modification of Standard,
#19-05.
April 21., 2005 P & Z Meeting
Page 2
EXECUTIVE SUMMARY:
This is a stand-alone modification request. The applicant seeks a modification
that would result in 100% of the parcel being allowed to develop as a secondary
use. In this particular case, the applicant has indicated that the future P.D.P. will
be for a health and membership club. If the subject two acres were developed as
a secondary use, then the impact on the 116.48 acre employment district is
nominal and inconsequential. Further, such a development would be equal to or
better than a development plan that would consist of a primary use and would not
be detrimental to the public good.
COMMENTS:
Background:
The surrounding zoning and land uses are as follows:
N: E; Vacant; Fox Meadows Retail Center (approved for three commercial
buildings, one of which is in the process of converting to an office building)
S: R-L; Existing Single Family — Sunstone Village
E: R-L; Existing Single Family - Fox Meadows
W: E; Horsetooth East Business Park
The parcel was included in a larger annexation in 1978 and zoned R-M-P
(Medium Density Planned Residential) in 1980. It was first master planned in
1988 as the 15.88 acre Fox Meadows Business Park. The master plan was
amended in 1990 to adjust land uses.
The parcel was rezoned to E, Employment as part of the City Plan process in
March of 1997. A Determination of Vested Rights was granted by City Council in
July of 1997 due to the amount of investment in public improvements that had
already been installed. These included dedication of public right-of-way,
construction of Bighorn Drive, sidewalks, curb, gutter, street lighting, fire
hydrants, street trees, bike path and stormwater detention pond.
In July of 1999, the Planning and Zoning Board approved two projects:
A. Fox Meadows Business Park Apartments Final P.U.D.
B. Fox Meadows Business Park Retail Center Final P.U.D.
ITEM NO. 5
MEETING DATE 4/21/05
STAFF led .Chepar(I
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Fox Meadows Business Park, Tract B, Request for
Modification of Standard, #19-05.
APPLICANT: Mr. Cliff Buchholz
c/o V- F Ripley
401 W. Mountain Avenue
Fort Collins, CO 80521
OWNER: Fox Meadows II Limited Partnership
c/o Mr. Bill Tiley, Managing Partner
P.O. Box 471
Fort Collins, CO 80522
PROJECT DESCRIPTION:
This is a request to modify the standard to increase the amount of allowable
secondary uses on a parcel in the Employment zone district. Specifically,
Section 4.22(D)(2) requires that no more than 25% of the land area within a
development plan in the Employment zone be devoted to secondary uses. The
applicant is requesting 100% of the 2.00 acre parcel be allowed to develop as
secondary uses. In this case, the applicant is seeking approval to be allowed to
submit a development plan for a new health and membership club.
The site is located on the east side of Timberline Road, south of Bighorn Drive.
The site is bordered by an existing stormwater detention pond on the east and
the Fox Meadows drainage channel on the south.
RECOMMENDATION: Approval, subject to the allowable secondary uses being
limited to health and membership clubs, indoor limited recreation establishments,
and child care centers.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT