HomeMy WebLinkAboutEAST RIDGE PDP - MODIFICATION OF STANDARD - 33-98C - DECISION - ADMINISTRATIVE INTERPRETATIONCameron Gloss, Planning Director
Current Planning Department
P.O. Box 580
Fort Collins, CO 80522-0580
The Cumberland Companies, Inc.
6300 South Syracuse Way, Suite 293 • Englewood, CO 80111
303/779-9009 • Fax 303/220-1818
June 1, 2004
RE: Request for Code Interpretation — Spring Creek Farm project at the N.W.
corner of Drake and Timberline, Fort Collins, CO.
Dear Mr. Gloss:
I am writing to request a code interpretation from you on three items related to our Spring
Creek Farms project. These items are:
1. Confirmation that a City Police Administration / Headquarters Building (Police
Facility) shall be defined as a "Community Facility", and not a "Public Facility or
Public Use" under the City's Land Use Code (LUC), and is therefore considered a
Primary Use within the MMN Zone District (not a Secondary Use).
2. Confirmation that the 15% land area of the "Development Plan" permitted for
Secondary Uses within the MMN Zone District is based on the project's total 55
+ acres contained within the approved Spring Creek Farms ODP.
3. Confirmation that "Personal and Business Service Shops" within the MMN Zone
District includes: food / beverage service facilities where no food manufacturing
is done on the premises. This may include, but not be limited to: coffee / tea
shops, candy stores, pastry / baked goods resellers, etc.
Please contact me at (720) 771-1442 if you have any questions. Anything you can do to
respond to our Code Interpretation Requests in timely manner is greatly appreciated.
Thank you for your assistance.
Cordially,
Brock C5 n
Vice President
Cc: Steve Maguire, Cumberland Companies
Ralph Campano, Ft. Collins Real Estate Services
Are facilities that serve food and beverages, but provide no
preparation on -site, including but not limited to coffee/tea shops,
candy stores, pastry/baked goods resellers, etc, considered
"Personal and Business Service Shops"?
No. All of the above uses are considered restaurants as defined under
Section 5.1 in that they are a 11establishment(s) in which the principal
business is the sale of foods and beverages to the customer in a ready -to -
consume state...". In contrast to this definition are Personal and Business
Service shops which are defined as "shops engaged in providing services
generally involving the care of the person or such person's apparel or
rendering services to business establishments such as laundry or dry-
cleaning retail outlets, portrait/photographic studios, beauty or barber
shops, employment service, or mailing or copy shops".
Such definition does not rule out any restaurant or food service use from
the Spring Creek Farms North ODP. Potentially, such use may be
permitted if it is an accessory use, i.e.- "clearly incidental and subordinate
to the principal use of the land or building". City staff reserves the right to
review the size and operating characteristics of a future restaurant or other
food service use on the property to ensure that it is of a scale and intensity
that it constitutes an accessory use.
CC: Bob Barkeen
Paul Eckman
Greg Byrne --
Brock Chapman
,/
y
Community. Planning and -Environmental Services
Current Planning
City of Fort Collins
TO: Interested Parties
FROM: Cameron Glos
Current Planning Direc or
DATE: June 17, 2004
SUBJECT: Administrative Interpretation #1-04 regarding the application of
Sections 4.5(B), Permitted Uses and Section 4.5 (D) Secondary
Uses standards, within the M-M-N zone district of the Land Use
Code
BACKGROUND:
Section 4.5 of the Land Use Code defines the purpose of the Medium Density
Mixed -Use Neighborhood (M-M-N) and sets standards for land use and design.
A request has been received to interpret several subsections of Section 4.5 of
_the Code as it relates to the Spring Creek Farms North Overall Development
Plan (ODP) at the northwest corner of E. Drake and Timberline Roads. The
following three questions have been posed for interpretation:
Is a City Police Administration/Headquarters Building defined as a
"Community Facility", a "Public Facility' or a 'Public Use" under the Land
Use Code, and is it considered a Primary or Secondary Use within the M-
M-N zone district?
Is the maximum15% land area dedicated to Secondary Uses based on the
55 acres contained within the entire Overall Development Plan?
Are facilities that serve food and beverages, but provide no preparation
on -site, including but not limited to coffee/tea shops, candy stores,
pastry/baked goods resellers, etc, considered "Personal and Business
Service Shops"?
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020