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HomeMy WebLinkAboutFOX MEADOWS TRACT B - MODIFICATION OF STANDARD - 19-05 - REPORTS - MODIFICATION REQUESTexceptional practical difficulties, or exceptional or undue hardship are not caused by the act or omission of the applicant." The applicant has proposed that the modification of the standard meets the requirements of Sections 2.8.2 (H) (1), (2), and (3) of the LUC. Justification 1. The proposed use meets the intent of the "Secondary Use" standard. Unfortunately, there is no current Overall Development Plan to point to and verify that the proposed Wellness Center PDP occupies only 25% or less of some greater Employment District whole. However, we can look at the E-District in the area and be assured that primary employment uses dominate the area. Value Plastics, LSI Logic, Platte River Power Authority, CBW Automation, EDM, Hawthorn Maintenance and Supply are just some of the major employers in the area. In addition, there are several office buildings and business parks including Timberline Office Park, Collindale Offices and The Green. There are 2-3 medical office buildings and the headquarters for Triple Crown Sports is located in the area. Collectively this area represents a thriving employment center. While it may make sense to reserve large parcels of land in Ft. Collins in the hopes of attracting major employers, it does not make sense to reserve 2 acres in an already developed area. Especially when the proposed use is one that will serve not only the existing employment center, but the surrounding residential neighborhood as well. 2. We believe that allowing the Timberline Health Club and Wellness Center Project Development Plan to move forward would result in a substantial benefit to the city by reason of the fact that the proposed project would provide convenient and accessible health -related services to a substantial population, that currently would need to travel further for similar services. The proposed location is unique in that the Wellness Center will serve both an employment area and a residential area including both single family and multi -family residents. 3. The proposed Wellness Center fosters the intent of City Plan and its principles and polices by encouraging a compact development pattern, and providing needed services that residents can walk or bike to. a. We believe that allowing the Wellness Center to be constructed at this location would advance and protect the public's interest equally well or better than a plan that would meet the standard. The proposed use could potentially employ as many or more people than a small-scale office building on the site. The small size of the site, coupled with less than ideal access make it unattractive for employers of any significant size. Health and Membership Clubs is listed as a permitted secondary use in this subsection of the LUC. We believe that the proposed Timberline Health Club and Wellness Center Project Development Plan (PDP) would be a welcome addition to the area providing services to both businesses in the E - District, as well as the surrounding residential neighborhood. The LUC requires that no more than 25 per cent of the total gross area of the "development plan" be developed with secondary land uses. While the intent of this standard was to limit secondary uses to 25% of an Overall Development Plan, in this case there is no current ODP to refer to. The only legal development plan to refer to is the proposed 2-acre PDP site. Therefore, the proposed secondary use occupies 100% of the site. The request is to allow 100% of Timberline Health Club and Wellness Center Project Development Plan (PDP) to be a secondary use. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board shall review, consider, and approve, approve with conditions or deny an application for a modification based upon: "...the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code; and that. (1) the plan as submitted will advance or protect the public interests and purposes 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 (2) the granting of a modification from the strict application of any standard would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan, adopted policy, ordinance or resolution (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city wide concern (such as, by way of example only, traffic congestion or urban blight), and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and N/FF:1 i p l eyA55CCJATE3 INC Landscape Architecture Urban Design Planning April 7, 2005 Modification Request Health Club/Wellness Center - Project Development Plan (Southeast Corner of Timberline Road and Big Horn Drive) Background The proposed project site was originally part of the Fox Meadows Master Plan Area approved under the Land Development Guidance System in 1991. It was part of a much larger mixed -use development. This particular site was planned as a Convenience Shopping Center for many years until that approval expired in 2000. The Timberline Health Club/Wellness Center - Project Development Plan is proposed to be a well -designed and integrated collection of health -related businesses including a health club, a spa, pilates and yoga studio, women's only club, and rehabilitative services. The mix is intended to serve a variety of customers in an attractive and welcoming environment. While the project would appear to be just what the doctor ordered, we are faced with a technical Land Use Code conflict. The conflict exists primarily because this is a small infill site caught between two development review processes, the old LDGS and the new LUC. In considering the Modification Request outlined below, we believe it is important to consider prior approvals, surrounding land uses, and the small size of the site (2 acres) in order to determine what is an appropriate use for this property. Modification Request — Applicable Code Sections The property is now located in the E-Employment District. This request is for a modification to the "Secondary Uses" requirement as outlined in Division 4.22 Employment District of the Fort Collins Land Use Code. The modification being requested is from section 4.22 (D)(2), Secondary Uses. This regulation reads that: `The following uses shall be considered secondary uses in this zone district and together shall occupy no more that twenty-five (25) percent of the total gross area of the development plan.11 Phone 970224.5828 Fax 970.224.1662 401 West Mountain Ave. Suite 201 Fort Collins, CO 80521-2604 vtripley.com