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Home My WebLink AboutSTONER EAST HARMONY ROAD PROPERTY - MOD - 45-04 - SUBMITTAL DOCUMENTS - ROUND 1 -No Text CONCLUSION The Planning and Zoning Board has the authority to grant the modification as requested as provided in Section 2.8.2 (H) of the Land Use Code given that the proposed plan is not detrimental to the public good and for the following reasons: that the project is better suited for secondary uses considering its location between two proposed shopping centers; the parcel is "exceptionally shallow", there is ample employment ground available with the City of Fort Collins' GMA; and that the parcel suffers from a "small lot penalty" based on existing and marketable design/development patterns. The parcel is also comparable in size, depth and attribute to a set of parcels near the Harmony and College Avenue intersection and these combined parcels do not have the 25% secondary use restriction. By granting this modification, this development can be another a positive contribution to the development that exists along the Harmony Corridor and be beneficial to the needs of the City of Fort Collins without sacrificing a significant amount of employment ground. Thank you for the opportunity to submit this modification of standard 71- ` f Joe Carter Cityscape Urban Design Attachments: 11" x 17" — Vicinity Map b. have the associated 25% secondary use restriction. This can, in part, be attributed to the parcels' depth and size. ❑ The subject parcel is approximately 4.68 acres. The comparable parcels combined acreage is approximately 5.47 acres. ❑ The subject parcel is approximately 265' in depth. The comparable parcels average approximately 235' in depth. ❑ The subject parcel is adjacent to existing residential uses. The comparable parcels are adjacent to existing residential uses. ❑ The applicant maintains that the standards that apply for the comparable parcels should be applied to the subject parcel due to depth and size. c. The subject parcel suffers from what could be termed a "small lot penalty" or an undue hardship of being a small parcel. ❑ If a parcel is large enough, a developer has the ability to develop all secondary uses along the Harmony Road frontage (first tier), while relegating their office/business and industrial uses behind this frontage (second tier). Small shallow parcels are mandated to build primary uses along the Harmony Road frontage (first tier) regardless of market conditions. This results in a "small lot penalty" 4. The plan would not diverge from the standards of the Land Use Code that are authorized by this division to be modified 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. a. The applicant maintains that when taken as an entire corridor, the impact of this modification on the corridor will be inconsequential. ❑ The Land Use Map (Map 10) designated approximately 1500 acres of Basic Industrial and Non -Retail Employment Use along the Harmony Corridor. 25% of this land (or 375 acres) has been designated to allow for secondary uses. To date, it is estimated that only approximately 52 acres of this 375 acres is developed as secondary uses. The applicant maintains that 4.68 additional acres will not diverge from the intent of the Harmony Corridor Plan. zi The market is determining where primary uses develop. Approximately 65 acres of prima Basic Industrial and Non - Retail Employment uses are constructed in Mixed Use Activity Center Areas. This parcel would be better suited for secondary uses because of its proximity and use as a potential thoroughfare between two future shopping centers. b. The proposed modification would better the opportunity for development within the Harmony Corridor. The City of Fort Collins currently has an overabundance of office space for sale and/or lease. Per a memo dated October 28, 2004 from a local commercial broker, Doberstein Lemburg, approximately 1,204,008 square feet of office space is available for sale or lease within the City of Fort Collins. c. Secondary uses create a better opportunity for pedestrian activity and connectivity from surrounding residential developments and between the two proposed shopping centers when compared to an industrial use. 2. The granting of the modification would substantially alleviate an existing, defined and described problem of city wide concern or would result in substantial benefit to the City as defined in City Plan by the following ways: The following information was obtained from a memorandum from City Staff to City Council dated July 15, 2003 and was provided as a basis for staff's recommendation of approval for the proposed Lifestyle Center. The following rational can be applied to the subject property. ❑ Staff is credited with stating, "there was a shortage of commercial zoning in Fort Collins and that this was a key issue identified during the City Plan update process." The proposed modification would provide the opportunity for more commercial development within the City of Fort Collins. ❑ Staff is also credited with stating, "sales tax dollars could be captured by additional retail development." The proposed modification would provide the opportunity for more sales tax dollars. ❑ Staff is also credited with stating, °Lityl staff had concluded after a review of the employment land inventory that there was sufficient vacant land within the Growth Management Area for future employment." The proposed modification would not eliminate the possibility for employment type development. The proposed modification would merely provide the opportunity to build secondary uses in between two proposed shopping centers. 3. The granting of the modification should occur based on the exceptional physical conditions of the site and an exceptional or undue hardship whereas: a. The subject parcel is exceptionally shallow and small in size. By comparison, the parcel is approximately the same average depth and size as three parcels of land along the south side of Harmony Road near the Harmony and College Avenue intersection. These parcels of land are identified as Basic Industrial and Non -Retail Employment Uses but do not December 8, 2004 Ted Shepard Chief Planner, Current Planning Division City of Fort Collins 281 North College Avenue Fort Collins, CO 80522 RE: Request for a Modification of Standard RIGHT TO REQUEST 3555 Stanford Road; Suite ro5 Fort Collins, Colorado 8o525 Phone: (970) z26-4074 Fax: (970) 226-4196 tuww. ci ty scapeud, co m e@cityscapeud.com cityscapeud.com The right to request this Modification of Standard is granted in Division 2.8 of the Fort Collins Land Use Code. MODIFICATION REQUESTED zi Modify — Article 4, Division 4.21 (D) (2) Harmony Corridor District, Land Use Standards, Secondary Uses. (2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment -based 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 4.21(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. A. The applicant requests to eliminate the secondary use percentage requirement of 25% for the subject parcel. The applicant requests that there be no limitation on the percentage of secondary uses allowed for the subject parcel. The parcel is approximately 4.68 acres in size and is located north of Harmony Road and west of Snow Mesa Drive between the Harmony School Shops proposed shopping center and the proposed Lifestyle Center. JUSTIFICATION ❑ Division 2.8, Step 8 — allows the decision maker to grant a modification of standard only if it finds that the granting of the modification would not be detrimental to the public good and that: The proposal to eliminate the 25% secondary use maximum for this parcel will not be detrimental to the public good and will promote the general purpose of the standard as well or better than a plan that strictly adhered to the standard because: a. The Harmony Corridor Plan in part states: "Basic Industrial and Non -Retail Employment Activity Center are locations where either industrial uses and/or office or institutional type land uses are permitted to locate in planned office (or business) park settings." 3555 Stanford Road, Suite toy Fort Collins, Colorado 80525 Phone: (970) z26-4074 Fax:(970) zz6-4196 Tuww.cityscapeud.com TRANSMITTAL LETTER e(alci tyscapeud.com TO: Ted Shepard City of Fort Collins Planning Department 281 North College Avenue Fort Collins. CO 80524 DATE: PROJECT PROJECT NO December 8, 2004 Harmony Road Property 4895 We are transmitting the following: RECEIVED DEC 0 8 7004 CURRENT PLANNING 1 each Application Form 1 each Application Fee - $200 + $50 sign posting fee + $26 for APO labels = $276.00. 2 sets APO Labels 1 set APO List 6 each Request for Modification of Standard letters HAND DELIVERED G:\4000\4895\admin\Modification of Standard\tShepard-1.doc