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Home My WebLink AboutTHE OVERLOOK/SENECA CENTER AT ARAPAHOE FARM PUD - FINAL - 55-87P - CORRESPONDENCE - ADMINISTRATIVE INTERPRETATION Comniaity Planning and Environmentaervices Current Planning City of Fort Collins TO: Interested Parties FROM: Cameron Gloss Current Planning Director DATE: February 23, 2005 SUBJECT: Administrative Interpretation #2-05 pertaining to use standards found in Section 4.4(B)(3)(c) of the Land Use Code for Neighborhood Centers in the Low Density Mixed Use Neighborhood (LMN) zone district and application of such standards to the Overland/Seneca Center P.U.D. BACKGROUND A request has been received to clarify the use requirements for Neighborhood Centers within the LMN zone district. This particular question relates to the application of such standard to the Overlook/Seneca Center P.U.D. located on Harmony Road, 1/8 mile east of South Taft Hill Road and approved under the Land Development Guidance System (LDGS), the predecessor to the City's Land Use Code. The Seneca Center was approved with the following uses on the three approved lots: (1) a convenience store/gas station facility; (2) a 12,100 square foot condominiumized commercial building on Lot 1 (Phase II); and (3) a 17,450 square foot 2-story building on Lot 2 (Phase Ill), with 8,200 square feet of commercial space on the main floor and approximately 9,250 square feet of residential space on the first and second stories. The Phase II building has been constructed and commercial space has been sold or leased, including the following uses: small veterinary clinic, retail liquor store, kitchen design and appliance sale office, coffee shop/deli, and a pre-prepared meal supply business. The Applicant proposes an amendment to the approved plan for the building on Lot 2, where the residential units are eliminated and replaced by non-residential uses. No single user within the building would exceed 5,000 square feet in gross floor area. • 281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6750 • FAX(970)416-2020 ti- A previous Administrative Interpretation, #3-00, addressed a similar question regarding limitations on non-residential uses within an LMN Neighborhood Center. The interpretation request was made in the context of a similar neighborhood center that was proposed within the Observatory Village project (approved as the 'Willowbrook PDP"). The conclusion of the interpretation was that the "intent is to limit general retail, professional and business uses (excluding child care facilities) to a maximum building footprint of 5,000 square feet. Such a building footprint limit supports inclusion of small-scale retail uses with operating characteristics compatible with the neighborhood Further, the standard provides an incentive to construct buildings greater than a single story within the neighborhood center". INTERPRETATION: The proposed 11,900 square foot building footprint, projected for commercial tenant space, would not comply with the present Land Use Code limitations set forth in Section 4.4(B)(2)(c)(3) based upon Administrative Interpretation #3-00. However, since the applicant has an entitlement under the approved development plan to construct a 17,450 square foot building with an 11,900 square foot footprint, the question is: Will the revised proposal be compliant with the Minor Amendment criteria of Section 2.2.10? This section specifically grants authorization to the Director to approve the development plan if it does not deviate from the Land Use Code greater than the extent of its original compliance. Therefore, in order for the proposed building on Lot 2 of the Seneca Center to not exceed the degree of deviation from the approved development plan, the following restrictions would apply: 1. Tenant spaces containing a retail store, office, financial service, or clinic, may not exceed 5,000 gross square feet in area; 2. Total building square footage shall not exceed 17,450 gross square feet, with a building footprint not to exceed 11,900 gross square feet. 3. Building height, mass, scale, bulk, architectural style, building materials, and color shall be consistent with the character shown on the approved Overland/Seneca Center P.U.D. plans. cc: Peter Barnes Ted Shepard Gregory Byrne Paul Eckman 1 MARCH, OLIVE & PHARRIS, LLC ATTORNEYS AND COUNSELORS AT LAW J. FORD MARCH 110 E.OAK STREET;SUITE 200 ARTHUR E.MARCH STEWART W.OLIVE FORT COLLINS,COLORADO19084981 JOHN W.PHARRIS 80s24 28so (970)482-4322 ARTHUR E.MARCH.>R Fax(970)482-5719 Retired,2002 January 20, 2005 Cameron Gloss, Director Current Planning City of Fort Collins 281 North College Avenue Fort Collins, CO 80521 Re: Administrative Interpretation Dear Mr. Gloss: This letter is to follow-up conversations that I have had with members of your staff regarding the proper interpretation of the LMN use zoning requirements. Section 1.4.1 of the Fort Collins Land Use Code provides that you, as the director,have the authority to make interpretations of the text of the Land Use Code and Section 1.4.2 provides that this interpretation may be requested by any interested person. As you know, our office has represented the three owners of the subject property/project located at the southeast corner of Seneca and Harmony Road, identified as Overlook 5th Filing P.U.D. (the"Project"). The owners request an interpretation, as allowed by Section 1.4.1 of the Code,confirming interpretations of Mr. Mapes in the Advanced Planning Department that Section 4.4 of the Code allows construction of a building of greater than 5,000 square feet on Lot 2, so long as no single user of that building occupies more than 5,000 square feet of the structure. The subject PUD was approved under the old Land Development Guidance System,prior to the adoption of the current.Fort Collins Land Use Code in 1997, as a mixed use planned unit development,the development included a mixed commercial and residential component on Lot 2. As a result of changes in the area,the developer as well as the neighboring develop have had meetings with the City surrounding the possible amendment of the plan approved for this property to eliminate the residential component. The project included,the following uses on the three approved lots: (1)a convenience store/gas station facility on Lot 3; (2)a 12,100 square foot condominiumized commercial building on Lot 1 (Phase II);and(3)a 17,450 square foot 2-story building on Lot 2(Phase III), with 8,200 square feet of commercial space on the main floor and approximately 9,250 square feet of residential space on the second story. The Phase II building on Lot 1 has been constructed and units have been sold or leased with owners conducting the following uses: small animal veterinary clinic;retail liquor store;kitchen design and appliance sales office; coffee/deli; and a pre-prepared meal supply business. Cameron Gloss January 20,2005 Page 2 The Code, in addressing LMN uses,at Section 4.4B(3)(c)provides that neighborhood centers consisting of one or more of the following uses, including standard and fast-food restaurants or a convenience grocery store with fuel sales,are allowed with planning and zoning review,provided that the uses are combined with at least one other use listed in 4.4B(2)(c)(3), which allows neighborhood centers with at least two of the following uses, including mixed-use dwelling units; retail stores with less than five thousand(5,000)square feet of building footprint area; convenience retail stores;personal and business service shops; small animal veterinary facilities; offices, financial services and clinics containing less than five thousand(5,000) square feet of building footprint area; community facilities;neighborhood support/recreation facilities; schools; child care centers; and places of worship or assembly. Businesses within the existing center include businesses which meet the existing criteria of an LMN neighborhood center, i.e. (1) an existing convenience grocery with fuel sales and the coffee/deli business, a restaurant- type business use, and two existing businesses meet the criteria of B(2)(c)(3): (1) a small animal veterinarian; and(2) a pre-prepared meal supply business which sells prepared meals; and a liquor store,which appears to meet the definition of a Convenience retail store (also known as convenience store), meaning a retail store containing less than five thousand(5,000)square feet of gross floor area which sells everyday goods and services whichmay include,without • limitation, ready-to-eat food products, groceries;over-the-counter drugs and sundries. The owners understand that the requirements for the LMN can be met under the new Land Use Code without the residential component and propose to le-submit this project without the residential • component which was previously approved.' If you need additional information,please do not hesitate to contact our office. Sincerely yours, MARCH, OLIVE&PHARRIS, LLC J. Brad March JBM:pb