HomeMy WebLinkAboutFOX MEADOWS BUSINESS PARK, TRACT B - AMENDED MODIFICATION OF STANDARD - 19-05A - REPORTS - RECOMMENDATION/REPORT0
Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 10
land use, convenience shopping center, 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.
(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 an Amended Modification of Standard to Section 4.22(D)(2), #19-05, subject
to the following condition:
Approved with the condition that the allowable secondary uses be
limited to convenience shopping center but not the (1.) convenience
retail stores with fuel sales (possibly including an accessory one -bay
automatic carwash), and (2.) vehicle minor repair, servicing and
maintenance.
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Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 9
Staff's analysis suggests that 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 an Amended Modification, and in fulfillment of the
requirements of Section 2.8.2(H), Staff makes the following findings:
A. An Amended 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.
Further, such an action is required in order to change the mix of land uses
that was approved by the Planning and Zoning Board on April 21, 2005.
B. In the Employment zone, a convenience shopping center is a permitted
secondary use.
C. There are two uses allowed within the convenience shopping center that
are auto -related that, if allowed, would result in an over -proliferation of
such uses within the 116 acre Employment zone district and along
Timberline Road. There is an existing convenience shopping center in the
Employment zone located immediately west of the subject site across
Timberline Road. In addition, there is an existing center zoned
Neighborhood Commercial at the northeast corner of Horsetooth and
Timberline Roads approximately 1,000 feet to the north. Both of these
centers allow the two auto -related uses.
D. In order for the Amended Modification to be considered equal to or better
than a plan that would otherwise provide 100% primary uses, the following
two uses shall not be allowed as part of the Amended Modification:
• Convenience retail stores with fuel sales (possibly including an
accessory one -bay automatic carwash)
• Vehicle minor repair, servicing and maintenance.
E. This Amended Modification, with the removal of the two auto -related uses,
complies with the criteria of Section 2.8.2(H) in that:
(1.) The granting of the Amended Modification would not be detrimental
to the public good, and is equal to or better than a plan that would
otherwise comply, as conditioned by Staff. This is because the
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Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 8
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.
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. Several multi -tenant office buildings feature a variety of
small professional firms specializing in engineering, high tech, and
communications.
The G.I.S. spatial 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, the proposed convenience
shopping center (less the two auto -related uses) is a secondary use that has a
logical benefit of being in close proximity to employers.
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?
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Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 7
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.
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.
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Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 6
The Employment District is envisioned to be a mix of primary and secondary
uses. Both the existing and proposed allowable secondary uses would indeed
complement and support the primary workplace uses with two exceptions.
The convenience shopping center, however, allows for the following two uses
which Staff finds would not be appropriate for the Fox Meadows Business Park:
• convenience retail stores with fuel sales (possibly including an
accessory one -bay automatic carwash); and
• vehicle minor repair, servicing and maintenance uses.
These uses are already provided within an existing convenience shopping center
located in the Employment zone district on the west side of Timberline Road.
Existing uses within this convenience shopping center include a Texaco gas and
convenience store, a Jiffy Lube and a multi -bay, self -serve carwash. In addition,
such uses are allowed at the Tower Shoppes Neighborhood Commercial Center
at the northeast corner of Horsetooth and Timberline Roads.
Staff finds that while complementary secondary uses are important to the
diversification of the Employment zone, their proliferation remains a delicate
balancing act. Supporting uses are intended to provide services within an
employment setting, not become a highway -oriented destination. Staff
recognizes that Timberline Road is an attractive setting for auto -related uses but
capturing arterial traffic for such uses is not the purpose of the Employment zone.
Such auto -related uses are already permitted in two nearby centers (see map.).
Staff is concerned about lining Timberline Road with auto -related secondary
uses. The proliferation of auto -related uses has long been regulated by the
City's plans and policies under both the Land Development Guidance System
and City Plan/Land Use Code. A memo to City Council on this issue is attached
for background and further explanation of this policy.
Staff finds that in order for the Amended Modification of Standard to be found to
be equal to or better than a plan that contained all primary uses, the two auto -
related uses allowed under the definition of convenience shopping center must
not be permitted on Fox Meadows Business Park Tract B.
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
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Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 5
(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.
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."
A convenience shopping center may contain the following uses:
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; convenience retail stores with fuel sales
(possibly including an accessory one -bay automatic carwash); personal business
and service shops; standard or fast food restaurants (without drive -up windows);
vehicle minor repair, servicing and maintenance uses; 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.
Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 4
5. Summary of Applicant's Request:
The applicant has provided a narrative describing the amended request (see
attached). In summary, the applicant asks the Planning and Zoning Board to
consider the following:
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.
D. Since October of 2005, when the pending P.D.P. was submitted, there has
been a sufficient change in market conditions to create doubt as to the
economic viability of the uses allowed under the original Modification of
Standard. The potential of increased competition with larger facilities on
larger sites places the Fox Meadows facility, on only two acres, at a
disadvantage. A new mix of land uses is envisioned that would be more
competitive at this location.
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
Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 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.
On April 21, 2005, the Planning and Zoning Board approved the request for a
Modification of Standard to Section 4.44(D)(2) to allow 100% secondary uses
limited to health and membership clubs, indoor limited recreation establishments
and child care centers and their accessory uses.
A P.D.P. for the Fox Meadows Business Park, Tract B, Colorado Health and
Fitness Center was submitted on August 23, 2005. This P.D.P. has been
temporarily placed on hold pending this request. Due to a change in market
conditions, the applicant has requested an Amended Modification of Standard to
change the mix of allowable secondary uses.
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. Time Validity of the Modification:
If granted, such a modification would be valid for a period of one year during
which a P.D.P. may incorporate the modification. The pending P.D.P. would
have to be revised to reflect the mix of secondary uses allowed.
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.
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Fox Meadows Business Park, Tract B, Request for Amended Modification of
Standard, #19-05.
February 16, 2005 P & Z Meeting
Page 2
EXECUTIVE SUMMARY:
As with the original Modification, the amended request would result in 100% of
the parcel being allowed to develop as a secondary use. For the Amended
Modification, the applicant has indicated that the pending P.D.P. would be for a
convenience shopping center. 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, but only as
conditioned by Staff, 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. 7
MEETING DATE2/16/06
STAFF Tart Shepard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Fox Meadows Business Park, Tract B, Request for Amended
Modification of Standard, #19-05.
APPLICANT: Mr. Cliff Buchholz
c/o V- F Ripley
401 W. Mountain Avenue
Fort Collins, CO 80521
OWNER: Mr. Cliff Buchholz
901 Oakridge Drive
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request to amend an approved Modification of Standard that was
granted in April of 2005. The original Modification allows the applicant to
increase the amount of allowable secondary uses on a parcel in the Employment
zone district from the allowable 25% to 100%. The approved Modification is
conditioned such that the allowable secondary uses would be limited to only
health and membership clubs, limited indoor recreation establishments, child
care centers, and the allowable accessory uses typically associated with
supporting such uses. The amended Modification seeks to delete the health and
membership club and replace it with a convenience shopping center. Like the
original Modification, the applicant is requesting that 100% of the 2.00 acre
parcel be allowed to develop as secondary uses.
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 a convenience shopping center. The convenience shopping center
shall be further limited such that convenience retail stores with fuel sales and
vehicle minor repair, servicing and maintenance are not allowed due to the
proximity of existing or permitted auto -related uses within the immediate area.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT