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Modification — Horsetooth East Business Park, Filing Two, Pad 'D' — Filing #43-94H
December 2, 1999 P & Z Meeting
Page 9
D. The strict application of the standard sought to be modified would not result in unusual
and exceptional practical difficulties or exceptional or undue hardship upon the owner
of the property.
- The LUC allows for numerous land uses (such as offices, financial services, clinics,
light industrial uses, and artisan and photography studios and galleries) as primary
uses on this pad site within the Horsetooth East Business Park. These uses would
not require a modification of the standard that limits the amount of secondary uses
on the development plan.
6. RECOMMENDATION:
A. Staff recommends approval of the Modification of the Standard in Subsection
4.22(D)(2) of the Land Use Code for the Horsetooth East Business Park, Filing Two,
Pad 'D' - #43-94H.
Modification — Horsetooth East Business Park, Filing Two, Pad `D' — Filing #43-94H
December 2, 1999 P & Z Meeting
Page 8
galleries) as primary uses on this pad site within the Horsetooth East
Business Park. These uses would not require a modification of the standard
that limits the amount of secondary uses on the development plan.
5. FINDINGS OF FACT/CONCLUSION:
A. The requested Modification of the Standard in Section 4.22(D)(2) of the Land Use Code
for the Horsetooth East Business Park, Filing Two, Pad `D' is subject to review by the
Planning and Zoning Board.
B. Granting the requested modification would not be detrimental to the public good nor
would it impair the intent and purposes of the Land Use Code.
- The proposed restaurant use meets the purpose of the LUC by contributing to the
fostering of safe, efficient and economic use of the land, the City's transportation
infrastructure, and other public facilities and services as an infill project providing a
supporting use in a business park environment thereby potentially minimizing use of
vehicles and miles traveled; and,
- by providing a supporting land use which would decrease trip length of automobile
travel and encourage trip consolidation for employees and residents in the
surrounding business park and residential environments.
C. 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 and the
modification would result in a substantial benefit to the City.
- Secondary uses are recognized as appropriate ancillary uses to permitted primary
uses. Allowing 100% of this pad site to be developed with a restaurant use is equal
to requiring a primary use or a mixed -use since only one other permitted secondary
use has been developed in this area.
- A restaurant use is an appropriate and desirable use to provide at least one eating
establishment in the area of the Horsetooth East and Collindale Business Parks
without having to depend on the use of vehicles and the crossing of arterial streets.
This would decrease vehicles miles traveled, enhance safety on the streets, and
contribute to a more positive air quality effect.
Modification — Horsetooth East Business Park, Filing Two, Pad 'D' — Filing #43-94H
December 2, 1999 P & Z Meeting
Page 7
Staff has also determined that:
Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the Land Use Code.
The proposed restaurant use meets the purpose of the LUC by contributing
to the fostering of safe, efficient and economic use of the land, the City's
transportation infrastructure, and other public facilities and services as an
infill project providing a supporting use in a business park environment
thereby potentially minimizing use of vehicles and miles traveled; and,
by providing a supporting land use which would decrease trip length of
automobile travel and encourage trip consolidation for employees and
residents in the surrounding business park and residential environments.
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
and the modification would result in a substantial benefit to the City.
In this particular instance, a restaurant is being proposed within the context
of a larger, previously approved development plan. The proposed restaurant
is consistent with that plan and represents less than the 25% restriction to
secondary uses if the previously approved plan were considered as a whole.
Secondary uses are recognized as appropriate ancillary uses to permitted
primary uses. Allowing 100% of this pad site to be developed with a
restaurant use is equal to requiring a primary use or a mixed -use since only
one other permitted secondary use has been developed in this area.
Ancillary support uses are necessary and this request would permit another
secondary use to occur.
A restaurant use in this location provides an opportunity for substantial
benefits since it would provide a dining option for nearby workers and
residents in the area of the Horsetooth East and Collindale Business Parks
without having to depend on the use of vehicles or the crossing of arterial
streets. This would decrease vehicles miles traveled, enhance safety on the
streets, and contribute to a more positive air quality effect.
The strict application of the standard sought to be modified would not result in
unusual and exceptional practical difficulties or exceptional or undue hardship upon
the owner of the property.
The LUC allows for numerous land uses (such as offices, financial services,
clinics, light industrial uses, and artisan and photography studios and
Modification — Horsetooth East Business Park, Filing Two, Pad 'D'— Filing #43-94H
December 2, 1999 P & Z Meeting
Page 6
b. the modification would result in the project addressing the purposes of the standard
equally well or better than a plan that complies with the standard; or
c. the modification would result in a substantial benefit to the city; or
d. 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 the property.
Subsection 4.22(D)(2) of the LUC limits the amount of defined secondary uses in the E
Zoning District to no more than 25% of the total gross area of the development plan that
the proposed secondary use is a part of. The LUC defines "development plan" as an
application submitted to the City for approval of a permitted use which depicts the details
of a proposed development. Development plan includes an overall development plan, a
project development plan (PDP) and/or a final plan. Although the proposed standard
restaurant is the sole (100%) use on Pad 'D' of the Horsetooth East Business Park, Filing
Two - Preliminary; in the larger context of the business park this pad site would be one of
two pad sites that are now defined as secondary uses. The other is the existing Carriage
Corner Convenience Store directly to the south. These two sites comprise 2.4 acres of the
total of 9.74 acres in Filing Two, or 24% of the development plan. The definition of
"development plan" in the LUC is somewhat vague in terms of the specific limits or bounds
in the form of an ODP, PDP, or final plan; therefore, staff has determined that this request
must be evaluated as a modification of a standard.
Historically, the Planning and Zoning Board approved the Horsetooth East Business Park
PUD, Filing Two — Preliminary development plan on February 6, 1995 for retail,
office/financial, warehouse/industrial, convenience, fast food restaurant, and standard
restaurant uses on Pads 'A' through 'G'. Only Pads 'A' and 'D' remain undeveloped. The
subject property is identified as Pad 'D' on the preliminary PUD plan and all of the
aforementioned uses (including restaurants) are permitted on this pad site. At that time,
and under the LDGS, it was determined that a restaurant use was an appropriate and
desirable use to provide at least one eating establishment in the area of the Horsetooth
East and Collindale Business Parks without having to depend on the use of vehicles and
the crossing of arterial streets. This would decrease vehicles miles traveled, enhance
safety on the streets, and contribute to a more positive air quality effect. It is staffs opinion
that this rationale and justification for the proposed land use still exists and that the request
for a modification of the standard would result in a PDP addressing the purposes of the
standard equally well or better than a plan that complies with the standard and would also
result in a substantial benefit to the City (reasons b and c, above).
Modification — Horsetooth East Business Park, Filing Two, Pad `D' — Filing #43-94H
December 2, 1999 P & Z Meeting
Page 5
3. The proposed plan would advance and protect the public's interest equally
well or better.
4. The granting of this modification would result in a benefit to the immediate
area's users and others, specifically as related to limited availability to other
restaurant facilities, traffic trip generation and pollution issues.
5. The requirement of limiting the secondary restaurant use, by percentages of
less than 100% in this case, specifically pose undue hardship on the
owner/restaurateur by forcing him into a multi -tenant facility, encouraging
fast-food uses and discouraging sit-down facilities, that would not be
competitive with all other restaurants of this nature.
6. In response to our original application for modification review, dated July 27,
1999, it was stated by Advance Planning staff that the whole idea of limited
"secondary" uses was based on the Harmony Corridor Plan study of
employment park -type development.
"It explicitly allowed the secondary uses to be considered in the
context of an ODP or other larger plan. This site should be considered
in light of, or the context of, the Horsetooth East Business Park ..... In
any case, we (the Advance Planning Department) support the
modification if it proves to be needed."
We believe the proposed use meets the intent of the City Plan and is preferable to a plan
meeting the strict requirements and interpretation of the 25% criteria. The resulting land
use of a single -user restaurant will provide the community with a mix of uses originally
intended and an economically feasible project that would be supported by the general
public.
4. ANALYSIS OF MODIFICATION REQUEST
In reviewing the proposed alternative plan for purposes of determining whether it
accomplishes the purposes of this section as required, the Planning and Zoning Board
shall take into account whether the proposed plan demonstrates innovative design and
best meets the intent of the Land Use Code.
Section 2.8.2(H) of the LUC specifies that the Planning and Zoning Board shall only grant
a modification for the following reasons:
a. granting a modification of standard would neither be detrimental to the public good
nor impair the intent and purposes of the Land Use Code; and
Modification — Horsetooth East Business Park, Filing Two, Pad 'D'— Filing #43-94H
December 2, 1999 P & Z Meeting
Page 4
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.
3. APPLICANT'S REQUEST
This request is to modify Subsection 4.22(D)(2) to allow a proposed 9,000 square foot
standard restaurant as the sole use on Pad 'D' of Horsetooth East Business Park, Filing
Two.
Horsetooth East Business Park, Filing Two, is a 10.27 acre mixed -use development
initiated under the Land Development Guidance System in 1995. The Preliminary Site Plan
was taken to Final Site Plan development approvals on 5 of the original 7 pad sites. Of the
remaining 2 sites, this request is specifically dedicated to the Pad 'D' site, as originally
delineated on the approved Preliminary Site and Landscape Plan.
As a result of the park's development to date, a limited number of mixed -uses have been
provided in the form of offices, auto -related service, convenience and retail. One of the
initial design parameters was to have included restaurant related facilities but, as of yet,
they have not been incorporated.
A. The preliminary PUD approval status for Pad 'D' has lapsed based upon the current
City Plan land use code adoption. The current City Plan standards/principles are in
effect and apply to this proposal.
B. The property is now located in an E — Employment District, which does allow
restaurant uses under a Type II review process. Planning & Zoning Commission
approval is required for the modification of standard as it relates to accessory use
and associated percentages.
C. The request is for a modification to 100% of a single 9,000 square foot
building on Pad `D', within the Horsetooth Business Park, be permitted as a
secondary restaurant use.
D. JUSTIFICATIONS
1. The Pad 'D' development proposal would constitute less than 10% of the
total allowable building area, as well as less than 10% of the total site area of
the original proposed development site.
2. The development fosters the intent of the City Plan and its principles and
standards by encouraging accessible compact development patterns of
mixed -use developments.
Modification — Horsetooth East Business Park, Filing Two, Pad 'D' — Filing #43-94H
December 2, 1999 P & Z Meeting
Page 3
2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for modification to the following sections of the LUC:
Section 4.22(D) Land Use Standards, Subsection 4.22(D)(2) Secondary Uses states:
"The following permitted uses shall be considered secondary uses in the E zone
district and together shall occupy no more than twenty-five (25) percent of the total
gross area of the development plan."
Standard restaurants are listed as a permitted use in this subsection of the LUC.
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
(2) 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 upon the owner of such property, provided
that such difficulties or hardship are not caused by the act or omission of the
applicant. "
Modification — Horsetooth East Business Park, Filing Two, Pad 'D'— Filing #43-94H
December 2, 1999 P & Z Meeting
Page 2
This application for a modification of the standard requests that the Planning and Zoning
Board determine if the modification request meets the intent of the LUC.
COMMENTS
1. BACKGROUND
The surrounding zoning and land uses from the proposed project development plan are as
follows:
N: E; Existing commercial/retail (Rite -Aid Drug Store)
W: E; Existing multi -tenant office building
S: E; Existing commercial/retail (Carriage Corner Convenience Store)
E: E; vacant, undeveloped land (on the east side of Timberline Road)
The property was annexed into the City as part of the Timberline - Horsetooth Annexation
on August 16, 1977.
The Planning and Zoning Board approved the Horsetooth — Timberline Property Overall
Development Plan (ODP) on November 21, 1988 for Business Service Uses,
Office/Industrial Uses, and a Neighborhood Service Center on 32.2 acres. The subject
property was included as part of Parcel 'B' — Neighborhood Service Center. Restaurants
were a permitted use on all parcels of this ODP. This approval was given under the Land
Development Guidance System (LDGS).
The Planning and Zoning Board approved the Horsetooth Business Park ODP on April 1,
1991 for Business Services and Industrial Uses on 32.4 acres. The subject property was
included as part of Parcel 'C' — Business Services. Restaurants were a permitted use on
all of the parcels of this ODP. This approval was given under the LDGS.
The Planning and Zoning Board approved the Horsetooth East Business Park Planned
Unit Development (PUD), Filing Two — Preliminary development plan on February 6, 1995
for retail, office/financial, warehouse/industrial, convenience, fast food restaurant, and
standard restaurant uses on Pads 'A' through 'G'. The plan allows for 80,000 square feet
of leasable floor area in 7 buildings (on 7 lots) on 9.74 acres. Only Pads 'A' and 'D' remain
undeveloped. The subject property is identified as Pad 'D' on the preliminary PUD plan
and all of the aforementioned uses (including restaurants) are permitted on this pad site.
This approval was given under the (LDGS).
The subject property, to date, has not been subdivided and no final development plan has
been submitted to the City for review. The Horsetooth Business Park ODP and the
Horsetooth East Business Park PUD, Preliminary Plan have expired under the provisions
of Ordinance No. 161, 1996 (the City's transition ordinance between the LDGS and the
LUC).
ITEM NO. 11
MEETING DATE 12/2/99
STAFF Steve Olt
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Modification of Standard in Subsection 4.22(D)(2) of the Land Use
Code for the Horsetooth East Business Park, Filing Two, Pad `D' -
#43-94 H
APPLICANT: Architecture West, L.L.C.
c/o Stephen Steinbicker
748 Hinsdale Drive
Fort Collins, CO 80526
OWNER: Timberline Partners, Limited LLLP
GB Ventures, LLP
c/o W. W. Reynolds
4875 Pearl East Circle, Suite 300
Boulder, CO 80301
PROJECT DESCRIPTION:
This is a request for a modification of Section 4.22(D) Land Use Standards in the E —
Employment Zoning District division of the Land Use Code (LUC), more specifically
Subsection 4.22(D)(2) Secondary Uses. The property is located on the west side of
Timberline Road, between East Horsetooth Road and Bighorn Road, and is in the E —
Employment Zoning District.
RECOMMENDATION: Staff recommends approval of the modification request.
EXECUTIVE SUMMARY:
This request is for a modification of Section 4.22(D) Land Use Standards, Subsection
4.22(D)(2) Secondary Uses of the LUC. This section limits the amount of defined
secondary uses in the E Zoning District to no more than 25% of the total gross area of the
development plan that the proposed secondary use is a part of.
The applicant has submitted an application with a request for a modification of a standard
as set forth in Subsection 4.22(D)(2) of the LUC. For illustrative purposes, the applicant
submitted:
the application, including request
• a Modification Request narrative
• a Preliminary Site and Landscape Plan of the Horsetooth East Business Park PUD,
Filing Two
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750
PLANNING DEPARTMENT