HomeMy WebLinkAboutSTONER EAST HARMONY ROAD PROPERTY - MOD - 45-04 - REPORTS - RECOMMENDATION/REPORTStoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 10
Staff finds that the potential development of primary uses on the subject
parcel remains viable.
F. Regarding Section 2.8.2(H)(3), Staff finds that there are no exceptional
physical conditions or other extraordinary and exceptional situations,
unique to the subject property, including but not limited to physical
conditions such as exceptional narrowness, shallowness or topography.
Staff further finds that not granting Modification does not result in unusual
and exceptional practical difficulties, or exceptional or undue hardship
upon the owner.
G. Regarding Section 2.8.2(H)(4), Staff finds that the Modification is not
nominal or inconsequential when considered from the perspective of the
entire future potential development plan. Further, Staff finds the
Modification does not advance the purposes of the Land Use Code as
contained in Section 1.2.2.
RECOMMENDATION:
Staff recommends denial of the Stoner/East Harmony Road Property, Request
for Modification of Standard to Section 4.21(D)(2), #45-04.
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 9
7. Findings of Fact:
In evaluating the Request for Modification for the Stoner East Harmony Road
Property to Section 4.21(D)(2), and in fulfillment of the requirements of Section
2.8.2(H)(1-4), Staff makes the following findings of fact:
A. The request is a stand-alone Modification. There is no pending Project
Development Plan. If approved, any of the permitted secondary uses in
Basic Industrial Non -Retail Employment Activity Center, as listed in the
Amended Harmony Corridor Plan, could occupy 100% of the site. The
Modification would be valid for one year.
B. Regarding Section 2.8.2(H), Staff finds that the granting of the
Modification would be detrimental to the public good in that allowing 100%
of secondary uses would result in excessive amount of free-standing retail
land uses arranged in a linear strip along Harmony Road. Such a
development pattern significantly dilutes the core vision of the Harmony
Corridor Plan that specifically calls for retail uses to be placed within well -
planned centers.
C. Regarding Section 2.8.2(H)(1), Staff finds that result of the Modification
would not be equal to or better than a plan would otherwise comply with
the standard. A plan that complies with the standard implements the goal
of the Harmony Corridor Plan. A plan that results in 100% of secondary
uses, in contrast, undermines the HCP.
D. Regarding Section 2.8.2(H)(2), Staff finds that the granting of the
Modification would impair the intent and purpose of the Land Use Code
and not substantially alleviate an existing, defined and described problem
of city-wide concern. Staff further finds that the granting of the
Modification would not result in a substantial benefit to the city by reason
of the fact that the Modification would substantially address an important
community need specifically and expressly defined and described in the
city's Comprehensive Plan or in an adopted policy. The fact that
additional sales tax revenue may be raised by allowing 100% retail land
uses does not, by itself, rise to the level of meeting the test of substantially
alleviating or substantially benefiting the city as a whole.
E. Regarding Section 2.8.2(H)(2), Staff finds that the strict application of the
standard (limiting secondary uses to 25% of the gross area of the subject
parcel) would not render a future potential project practically infeasible.
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 8
C. Section 2.8.2(H)(3) — "...Exceptional Physical Conditions or Situations..."
Staff is not convinced that the parcel shape is exceptionally shallow or small in
size. The site is flat and roughly rectangular -shaped and does not suffer from
any unusual geometric dimension. A size of 4.68 acres will yield approximately a
range of 30,000 to 50,000 square feet of gross leasable floor area (this includes
netting out the 80-foot buffer along Harmony Road). The sister parcel to the east
is practically identical in shape and size. Staff, therefore, finds that the there is
no justification for a modification based on exceptional physical conditions or
other extraordinary situations unique to the subject site due to exceptional
narrowness, shallowness, or topography.
D. Section 2.8.2(H)(4) — "...Nominal and Inconsequential..."
Staff does not find the request to be inconsequential as claimed. All properties
that front on Harmony Road play a critical role in implementing the vision of the
Harmony Corridor Plan. Development of these parcels is reviewed by both the
Land Use Code and the Harmony Corridor Plan. Access is controlled by the
Harmony Road Access Control Plan jointly adopted by the City and C.D.O.T.
Neighborhood meetings are held to in order to add value to projects from the
perspective of the nearby residents. Significant effort towards historic
preservation (Harmony School and Preston Farm) and public investment in
natural resource protection (Arapahoe Bend) have resulted in preserving
important attributes within the corridor.
Finally, the reconstruction of the interchange at 1-25 and the construction of the
new park -and -ride facility represent massive investment of public funds that have
added significant overall value to the corridor. Given this level of public financial
investment, a modification to allow 100% of secondary uses on 4.68 acres can
hardly be considered nominal and inconsequential.
Allowing 100% secondary uses on the subject parcel would result in free-
standing retail outside the confines of a planned center. Such linear
development is reminiscent of the typical College Avenue pattern that proliferated
during the decades between 1950 and 1980. Enacting the Land Use Policies
Plan (1979 — 1997), the Land Development Guidance System (1981 — 1997), the
Harmony Corridor Plan (1991 to present), City Plan (1997 to present) and the
Land Use Code (1997 to present) have all been geared toward creating a new
development pattern in reaction to the land use, access and visual challenges
associated with decades of the highway strip commercial development pattern.
Staff, therefore, does not find that the Request for Modification would not diverge
from the standards of the Land Use Code in a nominal or inconsequential way.
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 7
"Free-standing highway related commercial (convenience stores, fast-food
restaurants, gas stations and the like) are not permitted to locate outside of
planned shopping centers or industrial parks."
"Low intensity retail, restaurants, day care facilities, health clubs, personal service
shops, business services (print shops, office supply, etc.) banks and other similar
commercial activity is concentrated in attractively designed centers and integrated
into planned industrial parks."
Land Use Policy LU-4 — "All retail and commercial developments shall be
located in shopping centers."
"Coordinated planning of a "center" rather than isolated individual uses is the
most effective means of avoiding the negative "strip" type of development."
Staff finds that the Request for Modification does not fulfill the stated vision of the
Harmony Corridor Plan. The request, therefore, would indeed result in a plan
that is less than equal, and not better than, a plan that would otherwise comply
with the 25% limit on secondary uses.
B. Section 2.8.2(H)(2) — "...Alleviate An Existing Defined Problem..."
Allowing 100% retail development of 4.68 acres in the Harmony Corridor will not
substantially alleviate an existing, defined and described problem of city-wide
concern. Nor will such a scenario result in a substantial benefit to the city by
addressing an important community need. The scale of the project is such that
the difference in potential sales tax revenue between retail and secondary uses
on the overall fiscal health of the city is minimal.
This justification has been pre-empted by the amendment to the H.C.P. to allow
The Summit Lifestyle Center. Further, Staff has entered into discussions with the
owner of the Foothills Mall regarding expansion and re -development
opportunities. An urban renewal district is moving forward for North College
Avenue and the Downtown Development Authority continues to operate
effectively with Wal-Mart now a contributing member. While sales tax leakage
remains a concern, such justification for allowing 100% retail on the subject
parcel does not rise to the level of substantially alleviating or substantially
benefiting the municipal sales tax revenue stream on a city-wide basis.
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 6
(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.
6. Evaluation of the Applicant's Reauest:
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 all available
criteria, (H)(1-4) as justification. The Staff response is organized in tandem with
the applicant's justifications under Section 2.8.2(H)(1-4). Specifically, Staff offers
the following for the Board's consideration:
A. Section 2.8.2(H)(1) — "...Equally Well or Better Than..."
Staff is concerned that if this parcel is allowed to develop with no limitation on
secondary uses, then it will logically follow that the sister parcel to the east will
apply for the same consideration. In fact, a letter from Imago Enterprises
(attached) indicates that such a request would be forthcoming.
The result of these two parcels developing as 100% retail (as convenience
shopping centers) would be a continuous one mile strip of retail development
between Ziegler Road on the east and Timberline Road on the west. Such a
development pattern is precisely what the Harmony Corridor Plan attempts to
prevent. As evidence, the vision of the Harmony Corridor Plan is summarized by
the following statements land use policies from original 1991 document:
"The vision for the corridor area is that it becomes a major business center in
northern Colorado attracting a variety of businesses and industries serving local as
well as regional markets."
"The focus of most development activity, especially commercial, should be at the
major street intersections."
"Business and industry provide the major economic focus of the corridor area."
"Community and regional commercial activities are introduced in well -planned
shopping centers or industrial parks designed to draw shoppers from the
surrounding community and region."
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 5 .
three parcels are also designated "Basic Industrial and Non -Retail
Employment Activity Center," but are allowed an exemption from the 25%
cap on secondary uses.
F. Allowing 4.68 acres to be converted to 100% secondary uses is
inconsequential in comparison with the entire Harmony Corridor.
5. 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
(2) the granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or 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 or in an adopted policy, ordinance or resolution of the
City Council, 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 upon the owner of such property, provided that
such difficulties or hardship are not caused by the act or omission of the
applicant; or
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 4
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."
4. 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:
A. The site would be better suited for secondary uses because of its
proximity between two approved shopping centers — The Summit
(Lifestyle Center) and Harmony School Shops (Timberline Village). An
east -west private drive will potentially connect these two centers.
B. The Fort Collins office market is presently characterized by a glut of office
space.
C. The same arguments in favor of supporting the amendment to the
Harmony Corridor Plan to allow The Summit Lifestyle Center would also
apply to the subject parcel. These are:
• There is a shortage of commercially -zoned parcels;
• Sales tax revenue needs to be captured;
• There remains sufficient land area for employment uses.
D. The parcel small and shallow in shape. This, in effect, creates a small lot
penalty that equates to an undue hardship in supporting a non -retail land
use.
E. The parcel is similar to the three vacant parcels on the south side of
Harmony Road, between Hogan Drive and the College Avenue. These
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 3
The 25% restriction originated in the Harmony Corridor Plan of 1991 and the
Amended Harmony Corridor Plan of 1995. This cap was carried forward into the
Land Use Code adopted in March of 1997. As the governing sub -area plan and
predecessor to the Land Use Code, the Amended Harmony Corridor Plan states:
"Secondary and supporting uses will also be permitted in the Basic Industrial and
Non -Retail Employment Activity Center, but shall occupy no more than 25
percent (25%) of the total gross area of the Office (or Business) Park, Overall
Development Plan, or Planned Unit Development, as applicable. Non-residential
secondary uses shall be integrated both in function and appearance with an office
(or business) park, unless a special exception is granted by the Planning and
Zoning Board. In order for such an exemption (sic) to be granted, the applicant
must demonstrate to the satisfaction of the Board that the granting of the
exemption (sic) would neither be detrimental to the public good nor impact the
intent and purposes of the foregoing requirement and that by reason of
exceptional narrowness, small parcel size, or other special condition peculiar to
the site, undue hardship would be caused by the strict application of this
requirement.
Basic (and non -retail) jobs are planned to be the major economic focus of the
corridor area. The standards provide for a variety of retail and services in close
proximity to meet the needs of employees and business in the corridor."
The permitted secondary uses are limited to the following:
Hotels/motels
• Sit-down restaurants
• Neighborhood Convenience Shopping Centers*
• Child-care centers
• Athletic clubs
• Single family and multi -family housing
• Accessory buildings
• Neighborhood Convenience Shopping Centers are defined as
follows:
"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
Stoner/East Harmony Road Property — Request for Modification of Standard,
#45-04
January 20, 2005 P & Z Meeting
Page 2
COMMENTS
1. Background:
The surrounding zoning and land uses are as follows
N: L-M-N; Existing Mobile Home Park
S: H-C; Existing Poudre Valley Hospital Medical Office Buildings
E: H-ClVacant
W: H-C; Existing Harmony School.and Approved Harmony School Shops P.D.P.
The site is vacant. It was, along with the parcel to the east, formerly owned by
the owners of the Harmony Mobile Home Park. These two parcels were
auctioned off in the Fall of 2004. The successful bidders for the subject site were
the present applicants. The successful bidder for the easterly site was Mr. Lester
M. Kaplan of Imago Enterprises. (See attached letter.) A private drive separates
these two parcels and acts as the sole access to Harmony Road for the residents
of the mobile home park. (Ultimately, this access will align with Snow Mesa
Drive to the south, which will serve the medical office buildings, and is approved
by C.D.O.T. for future traffic signal.) Together, these two parcels separate the
mobile home park from Harmony Road. There has been no prior planning or
development on these two parcels.
2. 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.
3. Review of the Standard — Section 4.21(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 -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.
ITEM NO. 5
MEETING DATE 1/20/05
STAFF 'red Shepard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Stoner/East Harmony Road Property — Request for
Modification of Standard, #45-04
APPLICANT: Mr. Jay Stoner and Mr. J.D. Padilla
2815 East Harmony Road, Suite 108
Fort Collins, CO 80528
OWNER: Same
PROJECT DESCRIPTION:
This is a request to modify the standard to increase the amount of allowable
secondary uses in the Basic Industrial Non -Retail Employment Activity Center in
the Harmony Corridor zone district. Specifically, Section 4.21(D)(2) requires that
no more than 25% of the land area within this sub -area of the Harmony Corridor
be devoted to secondary uses. The applicant is requesting 100% of the 4.68
parcel be allowed to develop as secondary uses. The site is located on the north
side of East Harmony Road, directly in front of the Harmony Road Mobile Home
Park. The parcel is located between The Summit Lifestyle Center and Timberline
Village (Harmony School Shops P.D.P.).
RECOMMENDATION: Denial
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 secondary
uses. The allowable secondary uses are: hotels/motels, sit-down restaurants,
neighborhood convenience shopping centers, child care centers, athletic clubs,
single family and multi -family housing. Staff has reviewed and evaluated the
request. Staff is recommending denial based on the request not complying with
the criteria of Section 2.8.2(H).
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT