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Section 5.1.2, Connecting
,_,unrwctzag walkway shall mean (1) any street sidewalk, or (2) any walkway that directly
connects a main entrance of a building to the street sidewalk without requiring
pedestrians to walk across parking lots or driveways, around buildings or around parking
lot outlines which are not aligned to a logical route.
Connector street shall mean a local street for residential areas which is anticipated to
carry from one thousand (1,000) to two thousand five hundred (2,500) vehicles per day in
traffic volume at desirable speeds of up to twenty-five (25) miles per hour and which
connects with collector and arterial streets and adjoining neighborhoods.
Convenience retail store (also known as convenience store) shall mean a retail store
containing less than five thousand (5,000) square feet of gross floor area which sells
everyday goods and services which may include, without limitation, ready -to -eat food
products, groceries, over-the-counter drugs and sundries.
Convenience shopping center shall mean a shopping and service center situated on seven
(7) or fewer acres with four (4) or more business establishments with separate exterior
entrances, located in a complex which is planned, developed and managed as a single
unit, and located within and intended to primarily serve the consumer demands of
adjacent employment areas. The principal uses permitted include retail stores; business
services;aQGe-RQ=z Qua
); personal business and service shops; standard or fast food (�
restaurants (withoq4ave fup windows); , kg and mairhemartee
ueea; liquor sales (for on- or off -premise consumption); beauty or barber shops; dry-
cleaning outlets; equipment rental (not including outdoor storage); limited indoor
recreational uses; pet shops; and uses of similar character. Secondary uses may include
professional offices; limited banking services such as branch banks (with limited drive -
up facilities) and automated teller machines; multi -family dwellings; medical offices and
clinics; small animal veterinary clinics; child care centers; and elderly day care facilities.
Convenience stores with fuel sales (also known as convenience store with fuel sales)
shall mean a convenience retail store which also sells gasoline or other fuel products.
Convention and conference center shall mean a facility used for business or professional
conferences and seminars, often with accommodations for sleeping, eating and
recreation.
Day shelter shall mean a facility that provides temporary daytime shelter and/or food and
which may also provide personal care, social or counseling services to indigent, homeless
or transient persons, provided that such a facility contains a private, outdoor nonpublic
space.
Article 5, Page 12
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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 Terrace 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 goods and
services to a substantial population, that currently would need to travel further for
similar services. The proposed location is unique in that the Timberline Terrace
Convenience Shopping Center will serve both an employment area and a
residential area including both single family and multi -family residents. We
believe that the Timberline corridor is currently under -served with secondary
uses.
3. The proposed Timberline Terrace PDP 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 Timberline Terrace PDP 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 project that technically met the standard.
The small size of the site, coupled with less than ideal access make it
unattractive for employers of any significant size.
•
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
(?) 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 exceptional 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
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 Timberline Terrace 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
•
business owners to purchase their own space instead of leasing. There would be a
condominium association to manage and maintain common areas.
The potential land uses anticipated for the approximately 28,000 square foot building
could include office, retail, personal and business service shops, print shops,
restaurants, financial services, veterinary facility and small animal clinic, medical and
dental clinics, and limited indoor recreational uses, along with health club -related uses
as proposed before. The applicant believes there is a market for small businesses that
want to own their space and the location is ideal for providing goods and services to
both the residential and business community in the Timberline corridor.
While the project would appear to be a good fit at this location, 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 systems, 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.
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."
Convenience Shopping Centers is listed as a permitted secondary use in this
subsection of the LUC. We believe that the proposed Timberline Terrace 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. It is anticipated that the project will include some primary
uses such as office, financial services, and clinics. However, it is anticipated that some
spaces in the building will be occupied by secondary uses. It is also anticipated that
the uses that occupy the condominium spaces will change over time. Therefore it would
seem appropriate to request that up to 100% of the building could be secondary use.
The request is to allow up to 100% of Timberline Terrace Project Development Plan
(PDP) to be a secondary use.
•
/ F1IPI#,=yASSCCIATES INC
Landscape Architecture Urban Design Plannlr•.g
January 17, 2006
Modification Request
Timberline Terrace - Project Development Plan
Background
The proposed 2-acre project site is located at the southeast corner of Timberline Road
and Big Horn Drive. It was originally part of the Fox Meadows Master Plan Area
approved under the Land Development Guidance System in 1991. At that time, 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.
Since 2000, the zoning has changed to E-Employment, which only allows 25 %
secondary uses, not directly related to employment- based industry.
In April of last year, the Planning and Zoning Board approved a modification request for
100% secondary use on the site when the Timberline Health Club/Wellness Center -
Project Development Plan was proposed. That project was designed to be an
integrated collection of health -related businesses including a health club, a spa, Pilates
and yoga studio, women's only club, and rehabilitative services, along with associated
food service and retail uses. The mix was intended to serve both the residential and
business community in the Timberline corridor.
While many aspects of that project remain the same, the mix of proposed land uses has
changed. The proposed one-story building is oriented along Timberline Road and
wraps around the corner at Big Horn Drive much like the Wellness Center did. The
parking lot is located behind the building screened from public view. The new project
proposes slightly more square footage and more building entries, with the possibility of
some entries on the Timberline Road side of the project.
The Wellness Center project and the new project are similar enough that the planning
staff has agreed to continue the development review process started by the Wellness
Center without starting completely over. However, since the Planning and Zoning
Board granted the original Modification based on the use being a health —related facility,
staff believe the Planning and Zoning Board should re -consider the Modification
Request based on the current proposed uses.
The new project is proposed as a Convenience Shopping Center with multiple tenants
each with their own entrances. The concept is to provide the opportunity for small
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