HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 06/21/2007Vice Chairperson Schmidt called the meeting to order at 6:05 p.m.
Roll Call: Campana, Rollins, Schmidt, Smith, Stockover, and Wetzler,
Members Absent: Lingle
Staff Present: Gloss, Eckman, Shepard, Sommer, and Sanchez -Sprague
Director Cameron Gloss reviewed the Consent and Discussion Agendas.
Citizen participation: None.
Consent Agenda:
1. Minutes from the April 20, 2006, September 21, 2006, and May 18, 2007 Planning and
Zoning Board Hearings.
Discussion Items:
2. Timberline Church Expansion —Major Amendment, #1-97B
3. Hidden Pond Estates PDP, #11-07
Member Stockover moved for the approval of the Consent Agenda, which includes minutes
for April 20, 2006, September 21, 2006, and May 18, 2007 Planning and Zoning Board
Hearings.
Member Smith seconded the motion.
Motion was approved 6-0.
Project: Timberline Church Expansion — Major Amendment, #1-97B
Project Description: This is a request to amend the future phase of the Timberline Church.
Expansion to enlarge the proposed new sanctuary from 86,400 square
feet in size containing 2,500 seats to 112,222 square feet containing
3,500 seats. Future out -buildings, originally approved for a variety of
levels of residential care for senior citizens, would be deleted in favor of
adding approximately 1,000 more parking spaces. The site is located
on the east side of South Timberline Road, south of Custer Drive. The
site is also served by Illinois Drive and Iowa Drive. The parcel contains
32.79 acres and is zoned L-M-N, Low Density Mixed -Use
Neighborhood.
Planning & Zoning Board
June 21, 2007
Page 2
Recommendation: Approval subject to one condition.
Hearing Testimony, Written Comments and Other Evidence:
Chief Planner Ted Shepard reported this application is a request to amend the future phase of the
Timberline Church Expansion which was originally approved in November of 1999. The amended
plan primarily includes the re -design and enlargement of the approved future sanctuary to be
constructed on the north side of the existing building. This future sanctuary was originally approved to
be 86,400 square feet in size containing 2,500 seats. Under the proposed Amendment, the future
sanctuary would be enlarged to be 112,222 square feet containing 3,500 seats.
In addition, future out -buildings originally approved for a variety of levels of residential care for senior
citizens and a private school would be deleted in favor of adding approximately 1,000 more parking
spaces to serve the enlarged sanctuary. The site is located on the east side of Timberline Road
south of Custer Drive. Illinois Drive and Iowa Drive are north -south streets that also serve the site.
The parcel contains 32.79 acres and is zoned L-M-N, Low Density Mixed -Use Neighborhood.
Staff finds that the proposed amendment, while more massive and slightly higher, remains in
compliance with Section 3.5.1 — Building Project Compatibility and Architectural Character. This is
because the context of the new sanctuary located on 37 acres allows for a larger building and
because there is no greater intrusion upon the residential neighborhoods than that which is exists
under the currently approved plan. Staff recommends approval subject to one condition.
Bruce Hendee, of BHA Design introduced design team members and church representatives
including senior pastor Gary Northrup and church design representative John Sailor.
Timberline Church at its current location has experienced phenomenal growth. As a result of that
growth, over the past six to eight months the congregation has been asked to provide feedback on
future needs/expansion to the master planning team. They deem it appropriate to request an
amendment to the next phase of expansion. The amended plan primarily includes the re -design and
enlargement of the approved future sanctuary to be constructed on the north side of the existing
building. The design changes were made to improve space and function. It'll offer them an
opportunity to improve technology and ministry operations as well as traffic flow and parking. Under
the proposed amendment, the future expanded sanctuary is increased in size but remains
approximately within the original building envelope and does not move any closer to the adjacent
residential neighborhoods.
The church plans to mitigate impact to adjacent single-family homes with landscape and lighting plans
that are sensitive to the neighborhood. Tonight, they would like their master plan approved and would
like to be able to begin to build 641 parking spaces south of the present sanctuary.
Member Schmidt asked where current overflow parking occurs. Sailor reported that it currently is
going to property shared with a nearby school, undeveloped Ridgen Farm Parcel A, and to a dirt lot
on the northeast corner of the property. Schmidt asked what assurance would there be that parking
would not continue on the dirt lots. Hendee said it is their expectation that with the addition of 641
parking spaces and the improved one-way traffic flow, they'll meet their parking needs.
Member Schmidt asked how far they were encroaching into the Foothills Drainage Channel buffer in
that area. Hendee responded six feet.
Planning & Zoning Board
June 21, 2007
Page 3
Member Schmidt asked staff if the Board wanted to add a condition relative to the operation of lights
in the parking lot, would it be appropriate to add that condition now. Shepard responded yes, staff
would add a note to plans so in the future when the building is reviewed, the Board's request would be
noted.
Member Schmidt asked when the last phase would be constructed. Hendee responded in a seven to
ten year timeframe. Schmidt asked Shepard to clarify what the Board was approving at this juncture.
Member Schmidt expressed concern that the seven to ten year timeframe is longer than the normal
three-year vesting. If the plan is not constructed then it expires in three years, then why are we
considering this item tonight?
Shepard responded an approval of the major amendment would set the building envelope and
general guidelines for height and massing. With an approval with condition,
"Prior to the submittal for building permit for the future expanded sanctuary, the applicant shall
provide to the Planning and Zoning Department, architectural elevations in sufficient detail to
evaluate compliance with Section 3.5.3(C) and (D) of the Land Use Code. The applicant shall
provide architectural plans that mitigate the height, mass, bulk and scale of the new building
by such techniques as, but not limited to, creative use of building articulation and forms,
strategic placement of light windows, use of horizontal reveals and vertical recesses and
projections to create effective shadow lines and using a palette of significantly different
building materials to provide a distinct base, middle and top without over -reliance upon any
one material such as metal panels or synthetic stucco. Building forms, materials, colors,
textures, fenestration and details shall act in concert to ensure that the physical and
operational characteristics of the building are compatible when considered within the context
of the surrounding area,"
the applicant would get direction to stay within the envelope, the height, and the massing but request
they provide a lot more detail at the time they are ready to construct the expanded sanctuary.
Member Stockover asked what the procedure would be if the request had been for the parking lot
only. Shepard responded a parking lot of size proposed would require a major amendment.
Member Schmidt asked how they'd address the congestion on the south and the flow of traffic when
exiting. (She understood they were encouraging exiting on the north.) Hendee responded north of
the church property is a public street (Illinois.) It is not their intention to ask for a one-way street,
rather they will continue to use the services of off -duty police officers to direct traffic north to Custer
and the light at Timberline or further north to Drake.
Public Input
None
Member Stockover remarked that he normally likes looking at finished projects but he liked what he
saw relative to addressing the parking issues and the improved landscaping. He would be supporting
the major amendment.
Member Wetzler noted he appreciated what was proposed relative to changing service times and
improving traffic flow, especially as it relates to its impact on Timberline.
Member Stockover asked who regulated when lights go off. Shepard responded Zoning on a
complaint basis. Shepard also said their time of operation could be a condition of approval. Hendee
said the church was amenable to that condition and recommended a 10 p.m. turn off time.
Planning & Zoning Board
June 21, 2007
Page 4
Campana wondered why so long as their proposal was meeting current standards relative to lighting,
why would additional conditions be needed. Member Smith agreed with Campana. He expects the
church would be good neighbors and he's uncomfortable placing a condition that takes away their
flexibility in the situation where there're safety concerns for an out of the ordinary event. Schmidt said
the issue was raised to address the impact on neighbors and to help avoid the need to retrofit the
lights. Hendee provided information that the lights being used would be either on or off —not capable
of being dimmed.
In response to Campana's question, Director Gloss stated that under the Land Use Code Section
3.5.1, the Board is allowed to add conditions related to ensuring compatibility for the neighborhood,
including lights and the time they are on.
Deputy City Attorney Eckman advised that the condition recommended by staff relates only to
architectural matters. If all the public infrastructure detail is provided in the submitted plans and they
are built within three years that creates a vested right (the plan is valid for three years.) Deputy City
Attorney advised that, in response to Schmidt's concern about the plan expiring, that it depends upon
installation and completion of all engineering improvements. If all the infrastructure called for on the
Utility Plans is installed, then the plan is granted permanent vesting and would not expire in three
years. If permanent vesting is achieved, then there are no expirations and no need for extensions.
Chief Planner Shepard agreed with the thinking and explained he was not concerned about the seven
to ten year timeframe in which the applicant intended to complete the project. His impression was
that the applicant was aware of the fact that if the project got to year three and was in danger of
expiring there are provisions for extension. Those provisions allow for administrative review up to two
years and Board review beyond that.
Eckman asked if the applicant had any concerns related to vested approval rights. John Tufftey, of
Northern Engineering —consultants for the applicant, said that he was not currently aware of any.
Members Stockover and Schmidt liked the idea (since the parking lots could be completed prior to the
building came up for review,) that verbiage is noted in the motion to alert affected interests that
lighting that negatively impacted the neighborhood was a concern at the time of approval of the major
amendment.
Member Smith asked, if that condition was not made, what was the City's recourse relative to
correction of that problem. Shepard responded there is no recourse other than through mediation
services provided by the City. Mediation is a collaborative win -win process for resolving conflict that
has been successful in the past.
Member Schmidt made a motion that a condition of the Timberline Church Expansion Major
Amendment # 1-97B was that it included a perimeter lighting plan that was sensitive to the
compatibility of the neighborhood. Campana seconded the motion.
The motion passed 6:0.
Member Smith made a motion to approve the Timberline Church Expansion Major Amendment
# 1-97B subject to the condition cited on Page 9 of the Staff Report related to architectural
standards. Rollins seconded the motion.
The motion passed 6:0.
Planning & Zoning Board
June 21, 2007
Page 5
Project: Hidden Pond Estates Project Development Plan # 11-07
Project Description: This is a request for a single-family residential cluster development on
15.46 acres. The property is located at 4104 Ziegler Road, east of
Woodland Park Estates, immediately north of Hewlett Packard in the
Urban Estate (UE) Zone District. The proposal includes 14 single-family
homes (1 existing plus 13 new) clustered on 50 percent of the site area,
with the remaining 50 percent of the site area preserved as permanent
open space. Single-family residential cluster developments are
permitted in the Urban Estate (UE) District, subject to Planning and
Zoning Board review and approval.
Recommendation: Staff recommends approval of the Hidden Pond Estates PDP Type II-
#11-07.
Hearing Testimony,_ Written Comments and Other Evidence:
Planner Shelby Sommer reported this is a request for a cluster development of 13 new single-family
homes plus one existing home on a 15.46 acre site. By clustering the development, 50 percent of the
site will be retained as permanent, private open space.
Single-family residential cluster developments are permitted in the Urban Estate (UE) District subject
to Planning and Zoning Board approval. This proposal complies with the intent of the Urban Estate
(UE) District, the standards of the Urban Estate (UE) District, and the applicable General
Development standards of the Land Use Code.
This PDP provides an overall average density of 1.94 dwelling unites per net acre, which does not
exceed the maximum of 2 dwelling units per net acre. The lots will be clustered in accordance with
the cluster development standards.
The PDP has demonstrated that the proposed cluster plan configuration is appropriate for this site as
it preserves significant natural and historic features, provides common open space and trails, protects
adjacent residential development, and is designed to conform to the terrain by locating lots so that
grading and filling are kept to a minimum and the natural feature of the edge of the Poudre Valley Wall
is retained
The submitted plat for this project meets the applicable standards pertaining to lot layout and
dedication of easements. At the time of Final Plan review, the applicant will pursue the vacation of
the Hidden Pond Drive right-of-way from Ziegler Road to the project entry, with the City retaining an
access easement in its place. The existing 60-foot right-of-way was dedicated in two sections. The
southern 30 feet was dedicated with the Preston Kelley 2nd Subdivision and the northern 30 feet of
right-of-way was dedicated with the Woodland Park Estates PUD. It is assumed that this right-of-way
can be properly vacated, but the outcome of such process is dependent upon action by City Council.
The project design shall not be contingent upon vacation of this right-of-way due to the fact that a
portion of the right-of-way may have not been properly dedicated and therefore may not be easily
vacated.
Planning & Zoning Board
June 21, 2007
Page 6
An Ecological Characterization Study was prepared for the Feather Ridge property, and is also
pertinent to the Hidden Pond PDP. This study was used to help define the Natural Areas Buffer Zone
for the project. Natural areas to protect that were identified in this study include a large pond, several
smaller ponds and surrounding wetland areas, a windrow of Siberian Elm trees west of the existing
farmhouse, several significant groves of trees near the wetlands area and the views and topography
of the eastern side of the property. The ponds, wetlands, windrow, significant groves of trees, site
topography and views will be preserved in the permanent open space component of this cluster
development.
The Natural Areas Buffer Zone is identified on the plat and falls within Lot 1 and the permanent,
private open space required for this cluster development. The portion of the buffer zone within Lot 1
will be legally described so that the buffer is defined in perpetuity. This Buffer Zone is designed to
preserve the ecological character and wildlife use of the natural features of the property. The majority
of existing trees will be preserved, and some nuisance species will be removed and replaced as
needed. The Buffer Zone will be protected as required in this section.
Private drives are proposed for internal access in this development and will connect to only one public
street (Ziegler Road) as specified in this section. The private drives will comply with all emergency
access standards and will connect to Ziegler Road in accordance with City street standards. The
private drives will be named and addressed for emergency access. The private drive will be paved
with a soft trail on the side.
The existing farmhouse and barn are both eligible for Historic Landmark Designation. Preservation
and renovation of the existing farmhouse is proposed, and the farmhouse will be buffered from the
new development by an existing garage and landscape easement. The existing barn will be relocated
to an area north of the existing farmhouse, in a clearing among a grove of Siberian Elm trees. Staff
has determined this proposed location appropriately preserves the integrity of the barn and historic
site.
A neighborhood meeting was held on April 30, 2007 and some of the neighbors are present today and
may offer comments later in the meeting.
Wendi & Jason Beld are the developers. Wendi Beld introduced other members of the development
team including Ed Hyatt, Site Planner & Landscape Architect and Mike Oberlander, Project Engineer.
Beld reported they had been working hard to design a plan that preserved the 200 plus trees and
shrubs as well as the natural areas. Additionally, they were interested in the historic preservation and
renovation of the existing farmhouse. The existing barn will be relocated to an area north of the
existing farmhouse, in a clearing among a grove of Siberian Elm trees
In addition to working with staff, they've met with neighbors listening to their concerns and trying to
accommodate their feedback.
Member Wetzler asked if additional trees would be added to the wood grove. What will be their
placement? What is the outlook —how close will they be and how long before they will be mature?
Ed Hyatt of Jim Sell Design responded that placement would be comparable to the current windrow.
The trees would be the size of regular nursery stock and would mature and be the primary trees after
the older trees reached maturity and started to decline. Placement would be staggered but will
provide protection from the wind and screening. There would be no berming.
Planning & Zoning Board
June 21, 2007
Page 7
Planner Sommer reported that at a neighborhood meeting a neighbor had expressed interest in
removing a fence. It is still unknown whether that will be allowed but neighbors have been invited to
help with the placement of the new trees at the time they are planted.
Public Input
Larry Army, 3121 Yellowstone Circle, lives right next to the driveway —it's close to his back yard. He
can see being able to live with this project as he does not think there will be much traffic. He asked
that the path not be placed between the driveway and the HP fence but rather between the driveway
and bushes for a couple of reasons —the safety of the pedestrians and to move the traffic further from
the homes. In response, Planner Sommer reported the path will be on the north side of the driveway
except where there are existing driveways. Transportation staff has reviewed that plan and accepted
it.
Closed public input
Member Rollins asked where children in this neighborhood go to school. There was no confirmation
from staff, the applicant or the general public. Rollins further asked if City staff has the ability to
enforce snow removal on a private drive for their safe passage? Eckman said the Code does not
speak to enforcement of snow removal on private property.
Member Wetzler moved to approve Hidden Pond Estates PDP Type II - # 11-07 based on the
Findings of Fact on Page 8 of the staff report. Specifically, the proposed land use is permitted
in the Urban Estate District, the PDP complies with all the standards located in Division 4.2
and the PDP complies with all the applicable general development Standards located in
Division 3 of the Land Use Code. Campana seconded the motion.
Member Schmidt was in support of the motion. She believes the applicant has developed a good plan
and she appreciates their work with the neighborhood. It's a great example of cluster development
and maintaining the beauty of the site.
The motion passed 6:0.
Other Business:
Director Gloss reported a backlog of nine months of P&Z Board meeting minutes had been completed
with their review and approval tonight. He wanted to thank Angelina Sanchez -Sprague and other
members of the Development Review Center administration team for their contributions to that effort.
Meeting adjourned at 7:25 p.m.
eron Gloss, Direc' r David Lingle, Ciiair