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HomeMy WebLinkAboutBOHLENDER FUNERAL CHAPEL - FDP230011 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTMarch 22, 2022 City of Fort Collins Current Planning Department 281 North College Ave. Fort Collins, CO 80524 Re: Bohlender Funeral Chapel Please accept this request for a Modification of Standards to Division 4.27(D) Employment District (E) of the Land Use Code. Background This proposal is for a Major Amendment / Final Development Plan for the relocation of the Bohlender Funeral Chapel from their current downtown location to a vacant building at 3350 Eastbrook Drive. The property is located in the Employment (E) Zone District. This building will be an owner-occupied facility. Bohlender Funeral Chapel has been a family owned and operated business in Fort Collins since 1980, and a funeral home in its existing site since 1930. At this time the Bohlender’ s intention is to continue to own and operate the funeral home and provide an opportunity for their oldest daughter to become the third generation leading the business. This modification request is in accordance with the review procedures set forth in Section 2.8.2(H) of the Land Use Code as follows: Modification to Division 4.27 Employment District (E) Section D.2. Code Language: Division 4.27 Section D.2. states the following: Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment district 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 4.27(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. (h) Funeral homes. Requested Modification: A modification is requested to develop a funeral home use on the property because the Employment district limits the gross percentage of secondary uses allowed per each development plan within the district to 25%. The application proposes a secondary use that consists of 100% of the development plan. The following Exhibit B illustrates the proposed development plan and degree to which the modification from the standards is made. 2 Exhibit A: Existing Development Plan (Value Plastics Office Building) The 1984-approved development plan shows 19,000 sq. ft. of office space, originally for Value Plastics offices. This plan represents 100% primary use as described in today’s Land Use Code. 3 Exhibit B: Proposed Development Plan (Bohlender Funeral Chapel) In Exhibit B, 100% of the Development Plan continues to be a secondary use as a funeral home facility. The intent of this memo is to prove that allowing for the secondary use to deviate from the district standard si not detrimental to the public good and the proposed plan promotes the general purpose of the standard equally well or better than a plan which complies with the standard. Justification The Land Use Code states that the decision-maker may grant a modification of standards only if it finds that the granting of this modification of standards would not be detrimental to the public good, and 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. The applicant offers the following in support of its request for modification: The Purpose statement from the Employment District states: 4 Purpose. The Employment District is intended to provide locations for a variety of workplaces including light industrial uses, research and development activities, offices and institutions. This District also is intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, child care and housing. It is understood that the intent of 4.27(D)(2) is to ensure that the Employment District maintains its name as an employment hub within the City of Fort Collins. For the district to uphold the intent, secondary uses need to be provided within the district. To utilize the existing building as a funeral chapel, the applicant requests a modification to allow for a100% secondary use in the individual development plan. This request is made having considered the implications of the modification to the surrounding Employment District, which comprises many separate development plans, while acknowledging that the twenty-five percent cap of secondary uses severely limits smaller parcels. If the intent of Sec 4.27(D)(2) is to promote primary uses (employment) through complimentary and symbiotic uses, the immediate surroundings and district should be considered for impact to function holistically and conform as Mixed-Employment District as identified in City Plan. The exhibit below details a breakdown of the immediate district north of East Horsetooth Road. 5 Exhibit C: Employment District Use Study – North of Horsetooth Road When considering the surrounding Employment District, the intent of LUC Section 4.27(D)(2) is maintained with the modification taken into consideration – as 87.4% of the District north of Horsetooth would be a primary use and 12.5% of the District would be considered a secondary use. (please refer to Appendix A for calculation) The secondary use percentage is significantly less than the twenty-five percent maximum allowed in Sec. 4.27(D)(2) and the district could benefit from additional secondary uses. When considering the entirety of the contiguous District, the intent of the standard is met as 78.13% of the district would be considered a primary use and 21.8% of the district would be a secondary use. Please see Exhibit D, below, for the District’s extent and Appendix B for a calculation of the entire district. 6 Exhibit D: Employment District Use Study – Overall District 7 Appendix A: Employment District Use Study – North of Horsetooth Road 8 Appendix B: Employment District Use Study – Overall District 9 10