HomeMy WebLinkAboutREGENCY LAKEVIEW - PDP & APU - PDP120013 - REPORTS - RECOMMENDATION/REPORTRegency Lakeview APU for Multi -Family Dwellings and PDP, #PDP120013
July 19, 2012 Planning & Zoning Hearing
Page 22
F. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(B) in that the request would not be detrimental to the public good
in that throughout the City there are a significant number of existing
multi -family projectssimilarly located within, adjoining or adjacent to
existing or planned neighborhoods featuring single family detached
dwellings.
G. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(B) in that the request is found to be in compliance with Section
3.5.1. This is because the project provides effective buffering along
the east and south edges by use of building placement, setbacks,
landscaping, architecture and other design attributes. Further, the
physical and operational characteristics of the proposed buildings and
uses are compatible when considered within the context of the
surrounding area.
H. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(B) in that the request is specific to the subject site only and is not
considered for a text amendment to the Land Use Code.
The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(B) in that the request is not specifically listed as a "prohibited
use" in the R-L zone.
J. The P.D.P. complies with the applicable General Development
Standards of Article Three of the Land Use Code.
K. As an advisory analysis only, the P.D.P. complies with the land use
and development standards of Sections 4.6(D) and 4.6(E) of the
Medium Density Mixed -Use Neighborhood zone.
RECOMMENDATION
Staff recommends approval of Regency Lakeview request for Multi -Family
Dwellings as specifically described on the Project Development Plan,
#PDP120013.
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July 19, 2012 Planning & Zoning Hearing
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opportunities for additional input. For example, at this meeting, the number of
dwelling units was reduced from 225 to 175. The fourth meeting was among
staff, abutting property owners and representatives of the various home owners
associations without the applicant and consulting team present. Summaries of
the first three meetings are attached. The project has generated a significant
amount of citizen input and all letters and e-mail correspondence are attached.
14. Conclusion and Findings of Fact:
A. The request for Addition of Permitted Use for Multi -Family Dwellings
has been submitted in conjunction with a Project Development Plan in
compliance with Section 1.3.4(A).
B. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(A)(1,2). This is because the proposed use, at the location
prescribed by the P.D.P., is appropriate in the R-L zone due to the
locational attributes of the site. The site is found to have an urban
character and its location is similarly situated and is comparable with
other long-standing multi -family dwellings throughout the City. The R-L
zone at this site has an institutional history and does not have the
same residential character as the surrounding neighborhood.
C. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(A)(3) in that the request does not create any more offensive or
adverse impacts or have any other objectionable influences that the
amount normally resulting from the other permitted uses list the R-L
zone.
D. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(A)(4) in that the requested use is compatible with the other listed
permitted uses in the R-L zone such as Places of Worship or
Assembly, Public and Private Schools, Community Facilities, and
Wildlife Rescue and Education Centers. Further, compatibility is
achieved with the neighborhoods to the east and south by a site plan,
landscape plan and architectural elevations that demonstrate a high
level of design that protects neighborhood quality.
E. The request for Addition of a Permitted Use for Multi -Family Dwellings
has been reviewed and found to be in compliance with Section
1.3.4(A)(5) in that the requested use is not a medical marijuana
dispensary or cultivation facility
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H. Section 4.6(E)(3)(d) — Entrances:
This standard requires that entrances be clearly visible from streets.
Building entrances face the street -like private drive and the major walkway spine.
Each building features a distinctive entry to avoid repetition.
Section 4.6.(E)(e) Roofs:
This standard requires that roof lines include sufficient variation to avoid
repetition.
All buildings feature a pitched roof to establish a residential character. There are
varying slopes in terms of pitch and direction. There are a variety of gable ends.
Entrances are protected by a variety of overhangs.
J. Section 4.6(E)(0 — Facades and Walls:
This standard requires that walls be articulated and that there be sufficient
architectural features addressing entrances, balconies and windows that have
the effect of mitigating large walls.
The buildings are articulated with recesses and projections and entrances.
Balconies are recessed and include wrought iron. There are material changes
that avoid repetition. Buildings are made more interesting with both primary and
secondary gable ends. There are no blank walls in excess of 40 feet.
K. Section 4.6(E)(g) — Colors and Materials:
This standard requires that colors of non -masonry materials shall be varied and
not repetitious. Colors vary from one building to another. As mentioned, there
will be three distinct color themes.
Regarding overall compliance with M-M-N standards, with no Modifications, and
given the constraints associated with existing development, the P.D.P. performs
in a manner that meets the overall intent of the applicable zone district standards.
13. Neighborhood Meetings:
Four neighborhood meetings have been held. The first one was a development
review outreach meeting conducted by staff for the benefit of the.surrounding
residents without the applicant or consulting team present. The second meeting
allowed the applicant and consulting team to introduce the project to the
residents and receive initial feedback. The third meeting was a follow-up where
the applicant described the revisions made based on earlier input with
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As mentioned, the 11-acre block is bounded by existing development on the east
and south. Drake Road forms the north boundary. The existing church campus'
forms the west boundary.
The access drive will be upgraded to a street -like private drive by the addition of
a detached sidewalk, street trees and diagonal parking contributing to the block
feel. Both the north and west block faces include buildings in excess of the 50%
frontage requirement. No building exceeds three stories.
E. Section 4.6(E)(3)(a) — Design Standards for Multi -Family Dwellings:
This standard requires that setbacks from the property line containing single and
two-family dwellings shall be 25 feet.
As mentioned, along the east property line, no building is closer than 25 feet.
Buildings along the south are separated from the property line by 211 feet.
F. Section 4.6(E)(3)(b) — Variation Among Repeated Buildings;
This standard requires that projects containing more than seven buildings
(excluding clubhouses/ leasing offices), there shall be at least three distinctly
different building designs and no more than two similar buildings placed next to
each other along a street, street -like private drive or major walkway spine. The
standard goes to specify that buildings shall be considered similar unless they
vary significantly in footprint size and shape, architectural evaluations and
entrance features, roof forms and massing proportions.
The project contains eight residential buildings. There are four distinct building
types. The different features include:
Two distinct building footprints
• Three distinct building heights
• Four distinct architectural elevations
G. Section 4.6(E)(3)(c) — Variation of Color.
This standard requires that for projects with more than 56 units, there shall be
three distinct color schemes and no more than two similarly colored buildings
placed next to each other.
The applicant has provided a color board. All colors are muted. There are three
distinct color schemes and no two similarly colored buildings are next to each
other.
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A. Section 4.6(D)(2) — Mix of Housing Types:
This standard requires a minimum of two housing types on any parcel 16 acres
or larger.
The project consists of only 11 acres but is integrally woven into the church
campus allowing for opportunities that would otherwise not be possible if the site
were isolated as a stand-alone parcel.
B. Section 4.6(D)(3) — Access to Park, Central Feature or Gathering Place.
This standard requires that at least 90% of the dwellings be located within one -
quarter mile or a public or private park or a neighborhood recreational facility. If
utilizing the private park option, the park must be a minimum of 10,000 square
feet, highly visible, formed by streets and lots and accessible by pedestrians and
open to the public. Further, rear yards shall not abut more than two sides or
more than 50%of the perimeter. Such parks must consist of multiple turf areas,
walking paths, picnic tables, benches or other features. And, if integrated with
stormwater detention ponds, the park must be designed for grades that allow for
functionality.
The project includes both a two -acre private park and a clubhouse. The pocket
park is not fenced and complies with all stated criteria including being open to the
public.
C. Section 4.6(E)(1) — Block Requirements:
This standard requires that projects shall consist of blocks unless a block pattern
is infeasible due to unusual topographic features, existing development, safety
factors or a natural area or feature.
Since the site is bordered on two sides by platted lots, establishing a block is
considered infeasible.
D. Section 4.6(E)(1)(a-d) — Block Requirements:
This standard requires that projects be developed as a series of complete blocks
bounded by streets (public or private). Blocks shall be limited to a maximum size
of seven acres. And, 40% of each block side or 50% percent of the block faces
of the total block shall consist of building frontage, plazas or other functional
open space. Finally, buildings shall be limited to a maximum of three stories.
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• Sidehill Condominiums
• Village Gardens Apartments
The practice of allowing multi -family housing in close proximity to either existing
or planned single family detached dwellings, whether zoned R-L or L-M-N, has
historic precedent in our community. One cannot find a single principle or policy
calling for a strict separation or a hierarchy of land uses. Continuing the
established pattern of mixed -use, as manifested by Regency Lakeview
Apartments Addition of a Permitted Use and P.D.P., therefore, is found to be
consistent with past practice and, therefore, not detrimental to the public good.
10. Specific to the Proposed Site Only and No Text Amendment:
The full standard reads as follows:
"Such addition of a proposed use by the Planning and Zoning Board must
be specific to the proposed site and shall not be considered for a text
amendment. "
The request Multi -Family Dwellings would be limited to the 11 acres as described
on the plan documents. Also, there is no request for a text amendment which
would have the effect of adding such a use to the R-L zone on a city-wide basis.
11. Not specifically listed as a "Prohibited Use:"
The full standard reads as follows:
"Such use is not specifically listed as a "Prohibited Use" in the zone district
in which the proposed site is located."
Multi -Family Dwellings are not listed as a "prohibited use" in the R-L zone.
12. Compliance with M-M-N Land Use and Development Standards:
The request is for an Addition of a Permitted Use and P.D.P. in the R-L zone.
Regency Lakeview Apartments, however, are sufficiently M-M-N-like as to
warrant a review by the applicable standards of the M-M-N zone. While not
legally obligated to comply, examining how the project complies relative to the
applicable M-M-N standards is a worthwhile endeavor that reveals the extent to
which the P.D.P. performs as a multi -family project regardless of the zoning
construct.
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Development Standards of Article Three. On its own merits, the project is also
found to be compatible with the existing neighborhoods to the east and south and
with the other listed permitted uses in the R-L zone district. Further, the project
complies with Section 3.5.1.
8. Not a Medical Marijuana Facility:
The request is not for a medical marijuana dispensary or cultivation facility.
9. Such Use Would Not be Detrimental to the Public Good:
As mentioned, the vision of both. current and former comprehensive plans
contains a fundamental principle that the City shall seek to develop in a mixed -
use fashion as growth occurs within a fixed growth management boundary.
Minimum densities were established to ensure efficient delivery or urban
services.
Toward this end, a variety of housing has been allowed to be located within close
proximity to each other. Earlier, a few examples were cited and an expanded list
is provided here. It is worth noting that this list not exhaustive but intended to
demonstrate the core vision that a variety of housing opportunities at a wide
range of densities pervade our community. In all the examples cited below, there
is nearby existing single family detached dwellings in either the R-L (per City
Plan) or L-M-N zone districts (post City Plan).
The Arbors at Sweetgrass
• The Argyle at Willow Springs
• Brookview Apartments
Caribou Apartments
• Columbia Apartments
• Courtney Creek Apartments
• Apartments at Cunningham Corner
• Eagle Tree Condominiums
• Fossil Creek Condominiums
• Fox Meadows Apartments
• The Grove at Fort Collins
• Miramont Apartments
• Parkwood Gardens Condominiums
• Pinecone Apartments
• Presidio Apartments
• Governor's Park & Scotch Pines East Apartments
Seasons at Horsetooth Crossing
Settlers' Creek Apartments
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F. Bike Parking — Section 3.2.2(C)(4)
This standard requires that bike parking be provided at a rate of no less than 5%
of the vehicular parking or 15 bike spaces. While 5% is the governing standard,
Council is expected to finalize a revision to this section which would increase the
minimum to one space per bedroom. In addition, 80% of these spaces would
have to be enclosed.
There are a total of 275 bedrooms. The project provides 283 bike spaces. Of
the 283, 220 spaces, or 78% are enclosed and 63 spaces or 22% are outdoors.
G. Landscaping — Section 3.2.1:
This standard requires that project preserve existing trees, provide full tree
stocking, include foundation shrubs and screen areas of low visual interest.
The project preserves the existing. trees and earthen berms along Drake Road.
New street trees are provided in the parkway along the street -like private drive.
A double row of shade trees frame the east -west major walkway spine. The
drives serving.the detached garages are screened with evergreen trees. Finally,
trees at uniformly spaced intervals are provided on three sides of the pocket
park.
H. Lighting — Section 3.2.4:
This standard requires that there is no illumination in excess of 0.1 (one -tenth
foot-candle) as measure 20 feet beyond property line and that both building and
pole -mounted light fixtures feature fully -shielded light sources.
The Lighting Plan demonstrates compliance with these two standards,
particularly along the east and south property lines.
I. Noise and Odor— Sections 3.4.4 and 3.5.1(J):
These standards have already been addressed and not duplicated here.
Regarding overall compatibility, the site plan, landscape plan and architecture of
the buildings provide a gradual transition along the east and south property lines.
Compatibility is achieved through the distance afforded by the setbacks, the
placement of the one-story garages, privacy fencing, the staggering of building
height for the easterly buildings, the residential character of the buildings and the
landscape buffer yard along the east property line.
Staff finds that the request for Multi -Family Dwellings, as proposed on the subject
parcel, and the accompanying P.D.P., complies with the applicable General
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southern -most drive aisle which minimizes traffic along the south
property line.
• Two walkways are provided to Drake Road.
The existing sidewalk to Lemay Avenue would be completed as an off -
site improvement across the church property.
• The on -site walkway network provides for an east -west major walkway
spine, a north -south continuous walkway and a walking trail on three
sides of the pocket park. Raised crosswalks enhance pedestrian
visibility.
• Retention of the informal walkway to the City -owned stormwater
detention pond adjoining the south property line which has the effect of
connecting the neighborhood to the proposed pocket park.
• A pad for a future transit stop is provided along Drake Road for
eastbound travel.
Staff finds, therefore, that this standard has been achieved.
E. Parking Impacts — Sections 3.2.2(K) and 3.5.1(J):
These standards require that the minimum number of parking spaces is provided
and that there be no impacts on the surrounding neighborhoods due to spillover
parking. The minimum number of spaces is based on the number of bedrooms
per unit.
The project contains the following mix of units and parking spaces:
91 one bedroom
x 1.5 spaces per unit
= 137 spaces
68 two -bedroom
x 1.75 spaces per unit
= 119 spaces
16 three -bedroom
x 2.0 space per unit
= 32 spaces
Total spaces
= 288 spaces
The project contains 292 spaces thus exceeding the required minimum of 288
spaces. Spillover parking is obviated by three factors. First, parking on
neighborhood streets would result in walking a significant distance or crossing
Drake Road. Second, parking in the shopping center would result in crossing
Lemay Avenue. Third, the church has committed to a framework for a shared
parking agreement allowing any potential guest parking to be accommodated
within the church parking lot. (See attached).
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As mentioned, the project promotes a gradual transition to the single family
homes to the east by placing the one-story garages 25 feet from the property
line. This setback is heavily landscaped with trees. The rear elevations of the
garages are further mitigated by berming along their east wall reducing the
amount of wall area exposed to the east. The applicant has committed to a six
foot high solid wood privacy fence along the east property line for any neighbor
who would like their existing fence to be replaced. The apartment buildings are
setback from property line by setbacks ranging from 80 to 169 feet.
C. Section 3.5.1(J) — Operational/Physical Compatibility:
There are four trash enclosures located on the west side of the garages. Based
on citizen input and to mitigate any impact associated with early -morning trash
service, the applicant has agreed to restrict such service to between the hours of
8:00 a.m. and 5:p.m. Monday through Friday. This restriction shall be noted on
the final documents and subject to standard enforcement procedures.
In summary of Section 3.5.1, the site plan, landscape plan and architecture of the
buildings provide a gradual transition along the east and south property lines.
While not the same as single family detached dwellings, compatibility is achieved
through.the distance afforded by the setbacks, the placement of the one-story
garages, the staggering of building height for the easterly buildings, the
residential character of the buildings and the landscape buffer yard along the
east property line. Staff finds, therefore, that the proposed use and P.D.P. are
compatible with the other listed permitted uses in the R-L zone.
D. Sections 3.2.2 and 3.6.4 — Pedestrian, Vehicular Traffic, Circulation and
Access:
The transportation issues associated with Section 3.6.4 have already been
addressed. Section 3.2.2 requires that parking and circulation accommodate the
vehicles, bicycles, pedestrians and transit throughout the project and to and from
the project from surrounding areas.
The circulation system is designed to work in conjunction with the church,
mitigate impacts along the east and south and place an emphasis on walkability.
Toward this end, the project provides the following:
• The entry drive off Drake would be upgraded to a street -like private
drive with a detached sidewalk, street trees and diagonal parking.
• In response to citizen input, there would be restricted access to Lemay
across the church property precluding vehicles from using the
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Along the east property line, one story garages are placed a minimum distance of
25 feet from the property line. (This exceeds the minimum required rear yard
setback in the R-L zone of 15 feet.) The garages are intentionally aligned such
that the short ends face east, not the long sides. These ends include two distinct
elevations for variety. The roofs are pitched with a gable feature. A continuous
row of both evergreen and deciduous trees would provide screening. A solid
fence along the property line would provide an additional measure of screening
and privacy. There would be four buildings placed beyond the garages. These
buildings and their setback from the east property line and height are as follows:
Building
Style
Setback
Height
Building 2
2-story ends, 3-story middle
80 ft. setback
28'4", 39'10"
Building 5
2-story ends, 3-story middle
169 ft. setback
28'4", 39'10"
Building 7
3-story
151 ft. setback
39'10"
Building 9
2-story
167 ft. setback
33'10"
Buildings 2,7 and 9 are oriented with the short ends facing east. Only Building 5
is oriented with the long side facing east.
Regarding exterior materials, all buildings feature cultured stone, lap cementious
siding and wood trim as the primary exterior materials. All roofs are pitched with
gable features and asphalt -fiberglass shingles. Architectural details include
covered entries, balconies with wrought iron, brackets and a variety of trim.
Regarding privacy, only the middle portion of Building 5 has a three-story
element that faces east. This building, however, is 169 feet from the property
line. This distance, when combined with the garages, landscaping and fencing,
is sufficient to protect privacy of the adjoining residents. Further, per Section
4.4(D)(2)(e),a three story height is allowed in the R-L zone for uses other than
single family dwellings, accessory buildings, group homes, child care centers.
Regarding the potential shadowing impact of the three-story component of
Buildings 2 and 5, staff finds that in accordance with Section 3.2.3(D), the
building height does not cast a shadow onto any adjacent property greater than a
shadow which would be cast by a 25-foot hypothetical wall located along the
property line between the hours 9:00 a.m. and 3:00 p.m. on December 21st
B. Section 3.5.1(H) — Land Use Transition:
This standard requires that when land uses with significantly different character
are proposed adjacent to each other, buffering techniques be provided to
mitigate impacts.
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In summary, the request for Multi -Family Dwellings, as proposed on the subject
parcel and the accompanying P.D.P., complies with the applicable criteria related
to adverse impacts. Staff finds that the project would not create anymore
offensive or adverse impacts or any other objectionable influences than the
amount normally resulting from the other permitted uses listed in the R-L zone.
7. Compatible With Other Listed Permitted Uses in the Zone and
Compliance with Section 3.5.1:
These two standards are combined as they both address issues related to
compatibility. The two full standards read as follows:
"(4) Such use is compatible with the other listed permitted uses in the
zone district to which it is added."
"Such use would be in compliance with the requirements and criteria
contained in Section 3.5.1."
The Land Use Code provides the following definition:
"Compatibility shall mean the characteristics of different uses or activities
or design which allow them to be located near or adjacent to each other in
harmony. Some elements affecting compatibility include height, scale,
mass and bulk of structures. Other characteristics include pedestrian or
vehicular traffic, circulation, access and parking impacts. Other important
characteristics that affect compatibility are landscaping, lighting, noise,
odor and architecture. Compatibility does not mean "the same as. " Rather,
compatibility refers to the sensitivity of development proposals in
maintaining the character of existing development."
Compatibility standards are found in Section 3.5.1 and generally require that the
physical and operational characteristics of the proposed buildings and uses are
compatible when considered within the context of the surrounding area
A. Section 3.5.1(B — G) — Height, Scale, Mass and Bulk of Structures:
These standards require that the new developments shall be compatible with the
established architectural character by using a design that is complementary.
There are no structures along the south property line as this area is devoted to a
two -acre stormwater detention pond that would be upgraded to allow for passive
recreation. Referred to as a pocket park, this area will be served by internal
walkways and remain open to the neighborhood via an existing informal path.
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Lemay/Drake intersection will operate at level of service E which is
expected in the long range future.
• Acceptable level of service is achieved for bicycle and transit modes
(Transfort Route 5) based upon the measures in the multi -modal
transportation guidelines. For pedestrians, the directness, continuity
and street crossing factors could not achieve the desired level of
service for an "activity center." This area of Fort Collins was built prior
to the current LCUASS Document being adopted. Sidewalks in the
area are next to the street, not detached. This is not likely to change
since this is a constrained corridor.
While there will be additional traffic, staff finds that the new traffic can be properly
distributed and accommodated by the existing streets without sacrificing
acceptable levels of service, and that this standard has been achieved. Also,
due to proximity to Scotch Pines shopping center and Transfort Route 5, there
will be convenient opportunities for using alternative modes.
G. Environmental Impacts — Section 3A.1:
These standards apply if the project contains or is within 500 feet of natural
habitats or features.
The project does not contain or is within the specified distance of natural habitats
or features. An Ecological Characterization Study was not required for this
project.
H. Public Utilities — Section 3.7.3 — Adequate Public Facilities:
This standard requires that public facilities and services needed to support
development are available concurrently with the impacts of such development.
The project has been evaluated by all of the affected departments and utilities
providing public services. The following service. providers have existing facilities
and services in place to support the project concurrent with the proposed project
and its requirements:
• Transportation
• Water
• Wastewater
• Storm Drainage
• Fire and Emergency Services
• Electrical Power.
• Police Services
• Library Services
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This standard requires that new development be compatible with existing
neighborhoods and that conditions may be imposed to mitigate any operational
characteristic such as heat and smoke.
The project is equivalent to existing multi -family development which is found to
not generate heat and smoke.
F. Traffic — Section 3.6.4 — Transportation Level of Service Requirements:
This standard requires that the project adequately provide vehicular, pedestrian
and bicycle facilities necessary to maintain the City's adopted transportation level
of service standards.
The Transportation Impact Study has been reviewed and evaluated by the City's
Traffic Operations Department. There will be no new access drives intersecting
with either Lemay Avenue or Drake Road. The informal pedestrian connection to
the south will remain. Per the T.I.S., the following conclusions are provided:
• The project is feasible from a traffic engineering standpoint. At full
development, the project will generate approximately 1,184 daily trip
ends, 89 morning peak hour trip ends, and 114 peak afternoon peak
hour trip ends.
• Current operation at the Lemay/Drake intersection, both eastbound
and westbound approaches are below the accepted level of service.
An adjustment to the City's current signal timing results in acceptable
operation.
• In the short range (2017) future, given development of Regency
Lakeview, and an increase in background traffic, the following
intersections will operate acceptably with existing control and
geometry:
o Lemay/Drake
o Lemay/Scotch Pines -Church Access
o Lemay/Strachan-Church Access
o Drake/Church Access
o Drake/Dorado
o Drake/Brookwood (north leg)
o Drake/Brookwood (south leg).
• In the long range (2030) future given development of the project and
an increase in background traffic, the key stop sign controlled
intersections will operate acceptably. Selected movements at the
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• Child Care Centers
Adult Day/Respite Care Centers
Wireless Telecommunications Equipment.
B. Dust — Section 3.4.2 — Air Quality — General Standard:
This standard requires that the project conform to all applicable local, state and
federal air quality regulations including, but not limited to, those regulating odor,
dust, fumes or gases which are noxious, toxic or corrosive, and suspended solid
or liquid particles.
Regency Lakeview is found to be consistent with existing comparable multi-
family projects within our City which have proven to be in compliance with all
applicable local, state and federal air quality regulations.
Further, staff finds that proposed project would not create anymore offensive dust
other than the amount normally resulting from the other permitted uses listed in
the R-L zone.
C. Noise - Section 3.4.4 — Noise and Vibration:
This standard requires that the activities associated with multi -family housing be
conducted so that any noise generated on the property will not violate the noise
regulations contained in the City's Noise Control Ordinance (Chapter 20, Article II
of the City Code) and that any vibration created by the use of the property will be
imperceptible as measured at the property line.
The project, as proposed on the subject parcel, would not create anymore
offensive noise or vibration other than the amount normally resulting from the
other permitted uses listed in the R-L zone.
D. Glare — Sections 3.4.6 and 3.5.1(E)(2:
These sections require that if the proposed activity produces intense glare or
heat, whether direct or reflected, then it must be conducted indoors or sufficiently
screened. And, exterior building materials shall not cause excessive glare.
As mentioned, the project is generally equivalent to existing multi -family
apartments found within the City which do not generate intense glare or heat.
The exterior materials are a combination of cultured stone, lap siding, glazing
and asphalt fiberglass shingles all of which are common in residential
construction and have been found not to cause excessive glare.
E. Heat, Smoke and Odor— Section 3.5.1(J) — Operational/Physical
Compatibility Standards:
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adoption of the Land Use Code and the property is now under new ownership
and market conditions have changed.
Staff, therefore, finds that addition of Multi -Family Dwellings, as proposed for the
subject parcel, conforms to the basic characteristics of the zone district, and the
other permitted uses in the zone district to which it is added, given the existing
physical relationship to the neighborhoods to the east and south and when
compared with the institutional nature of the potential full build -out of a church
campus. The requested use conforms to the immediate context of the area.
Further, the existing R-L zone would have been recommended for approval at
the request of the former owner consistent with other requests during the
adoption of City Plan.
6. Does Not Create any More or Other Adverse Impacts:
The full standard reads as follows:
"(3) Such use does not create any more offensive noise, vibration, dust,
heat, smoke, odor, glare or other objectionable influences or any more
traffic hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi -public facilities, utilities or
services, adverse effect on public health, safety, morals or aesthetics, or
other adverse impacts of development, than the amount normally resulting
from the other permitted uses listed in the zone district to which it is
added. "
This performance standard is an important part of the review for an Addition of a
Permitted Use which is also required to be submitted in conjunction with either an
O.D.P. or P.D.P. Since the standard speaks to comparing the proposed use with
the uses permitted in the R-L zone, it is beneficial to review these uses.
A. Permitted Uses in the R-L zone:
The R-L zone contains the following permitted uses:
• Single Family Detached Dwellings
• Shelters for Victims of Domestic Violence
• Neighborhood Parks
• Minor Public Facilities
• Places of Worship or Assembly
• Group Homes
• Public and Private Schools Kindergarten through 12th Grade
• Community Facilities (recreation, cultural, educational, etc.)
Wildlife Rescue and Education Centers
VA
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church fully developed a campus with the variety of land uses, activities, and
accessory uses permitted under R-L zoning (such as church office, rectory,
dormitory, parochial school, child care, fellowship hall, parking lot, etc.), the
institutional character and lack of connectivity would result in these 25 acres
having a significantly disparate look and feel in relationship with the
neighborhoods to the east and south despite common zoning.
Staff contends, therefore, that given the existing conditions, the neighborhoods to
the east and south and the subject parcel do not share the same basic
characteristics under present or proposed conditions. Adding Multi -Family
Dwellings to a portion of the 25-acre church campus would not alter this
relationship.
B. R-L Zoning and Church Property:
It is noteworthy, at this point, to discuss the history of the R-L zoning on this
parcel. The applicant has provided a narrative describing the various existing
and proposed land use activities associated with the parcel. On the public side,
during the transition to the Land Use Code under City Plan (1996 — 1997), the
City of Fort Collins offered property owners city-wide an opportunity to discuss
the various implications and opportunities associated with being placed into one
of the new zone districts. Even after adoption of the Land Use Code, land
owners were granted.a one-year window during which interested parties could
bring forward rezoning requests after which time rezonings were limited to only
twice -per -year.
First Christian Church elected not to participate in either the pre -adoption or post -
adoption zoning discussions based on the premise that a church campus, with
church -related land uses, would not need to be placed into a City Plan district.
This was due to Places of Worship and Accessory Uses being uses -by -right
under the R-L zone. Had the church chosen to be rezoned into a new City Plan
district, the Planning Department would have recommended approval of such a
request justified by the locational attributes and the context within the
surrounding area as described in the previous section consistent with other
similarly situated properties. Verification of this intent was provided to the
Planning and Zoning Board during their deliberation of the request to rezone the
property to L-M-N in October of 2009.
Consequently, Staff asserts that existing zoning is, in effect, a zone district that
was a holdover from the previous regulatory system for the sole purpose of
accommodating a future expansion plan for the specific land owner at the time,
First Christian Church. In other words, the R-L zoning would have been replaced
by a new zone district at the request of the.owner as a matter of course had such
a request been made at the proper time. Fifteen years have past since the
0
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As can be seen, the subject parcel is well -positioned to take advantage of a wide
variety of both public and private opportunities to live, work, shop, play and go to
school all within a one mile radius. The level and character of urban activities
associated with the site demonstrates the mixed -use philosophy that has guided
the City for decades.
Further, opportunities for providing a mix of housing types across all socio-
economic levels has long been a practice of both existing and previous
comprehensive plans. It is not unusual for the City's master planned
neighborhoods to feature a multi -family component. For example, Scotch Pines,
Stonehenge, Parkwood, The Landings, Miramont, Pinecone, Fox Meadows,
Willow Springs and Provincetown all include multi -family projects at comparable
densities as being proposed.
When considering a healthy growth pattern for the community as a whole, the
placement of a variety of residential densities at strategic locations is an example
of sound planning principles. The subject site offers advantages that would
reduce vehicle miles traveled and help support mass transit. Staff contends,
therefore, that given the location of the parcel in relationship to the urban
attributes within the context of the surrounding area, allowing a use such as
Multi -Family Dwellings on these 11 acres is appropriate to both the zone district
and city-wide.
5. Conforms to the Basic Characteristics of the Zone:
The standard reads as follows:
"(2) Such use conforms to the basic characteristics of the zone district and
the other permitted uses in the zone district to which it is added."
A. Characteristics of the Church Campus and Adjoining Neighborhoods:
The 25-acre church campus is isolated from the existing homes on the east and
south in the R-L zone due to the original platting of the abutting subdivisions.
Through no fault of the current owners or applicant, the church parcel does not
share any internal street access with the neighborhood as the entire square mile
section was laid out in a curvilinear pattern with multiple cul-de-sacs as was
fashionable at the time.
Although the church has generously made available both its open space
provided by its stormwater detention pond and athletic fields for the enjoyment of
the surrounding residents, full integration has been handicapped by lack of public
street connections. This separation has led to the church and the neighborhoods
on the east and south to take on a fundamental different character. Even if the
5
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or other adverse impacts of development, than the amount normally
resulting from the other permitted uses listed in the zone district to
which it is added;
• Compatible with other listed permitted uses in the zone;
• Compliance with Section 3.5.1;
• Not a medical marijuana dispensary or cultivation facility;
• Would not be detrimental to the public good;
• Specific to the proposed site only;
Not specifically listed as a "Prohibited Use."
4. Appropriate to the Zone District:
The standard reads as follows:
"(1) Such use is appropriate in the zone district to which it is added."
The addition of Multi -Family Dwellings at this location is appropriate primarily due
to the locational attributes of the site as it relates to the context of the area. The
parcel is at the intersection of two arterial streets. An existing neighborhood
shopping center, with a full service supermarket, retail shops, coffee shop,
restaurant and other services is at the southwest corner. A major employer
occupies the northwest corner. Lemay is served by Transfort Route Five which
connects the Foothills Mall to Downtown with hourly service. In addition, the site
is in close proximity to the following urban activities:
• '/2 mile Boltz Middle School
• % mile from Shepardson and Riffenburg Public Elementary Schools
• 3/ mile from Ridgeview Classic Public Charter School
3/ mile from child care facility
• % mile from Foothills Mall
• % mile from Edora Park and EPIC
• % mile from the Powerline bike trail
• One mile from the Spring Creek trail
• One mile from Warren Park
• One mile from South College Avenue.
L!
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Lemay Avenue between Stuart Street on the north, Horsetooth Road on the .
south and the U.P. railroad tracks on the east. First Christian Church, now Christ
Center Community Church, was included in the category of an established
neighborhood.
At the time of the adoption of City Plan, the vacant portions of the 24-acre church
property were considered to be reserved for expansion of church -related facilities
in a campus setting and thus permitted as accessory uses under the R-L zone
district. It is worth noting that the Church did not avail themselves of the
opportunity to rezone out of.the R-L into one of the newly created City Plan zone
districts during the one-year clean-up period between 1997 and 1998 where
rezonings were not limited to the twice -per -year restriction.
In October of 2009, Christ Center Community Church requested a rezoning of
the entire 25 acre campus from R-L to L-M-N with no specific end -user in mind.
The Planning and Zoning Board deliberated and as it became evident that the
request would fail on a three -to -three vote, the Church requested the item be
tabled indefinitely.
2. Section 2.2.11(D)(7) - Planning Over Old Plans:
The P.D.P. represents a portion of the 1980 Master Plan and Final Plan for First
Christian Church. In compliance with Section 2.2.11(D)(7), any subsequent
approval of a new Final Plan shall cause the automatic expiration of such
previously approved site -specific development plan, and cause that portion of the
former plan to be deemed abandoned.
3. . Summary of Criteria for Additons of Permitted Use:
Sections 1.3.4(A) and (B) contain nine criteria by which to review the requests for
additions of permitted use briefly summarized as follows:
• Appropriate in the zone district to which it is added;
• Conforms to the basic characteristics of the zone and other permitted
uses in the zone district to which it is added;
• Does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi -public facilities, utilities or
services, adverse effect on public health, safety, morals or aesthetics,
3
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EXECUTIVE SUMMARY:
The project has been reviewed by the criteria of Section 1.3.4 which addresses
the request for an Addition of a Permitted Use for Multi -Family Dwellings.
Included in this review is an analysis of Section 3.5.1 which contains standards
related to compatibility, operational aspects and impact mitigation. Further, the
Project Development Plan has been reviewed by the applicable General
Development Standards in Article Three. The P.D.P. has also been reviewed by
the land use and development standards of the M-M-N zone district not as a
legal requirement but in order to help inform and illustrate the performance of the
project. Neighborhood meetings have been held and summaries are attached.
The project has generated significant citizen input and all letters and e-mail are
attached as well.
COMMENTS:
Background:
The surrounding zoning and land uses are as follows:
N: R-L; Parkwood Estates
S: R-L; Eastborough, City of Fort Collins Stormwater Detention Pond
E: R-L; Silverwood Village Second Filing, Eldorado Springs Second Filing
W: N-C; Scotch Pines Village
NW: E; Woodward Governor
The property was included in the 76-acre Vance First Annexation in 1976
The First Christian Church Master Plan was approved in 1980.
The church final plan was originally approved as the First Christian Church
P.U.D. in 1980 and contained 28,754 square feet. An' addition was approved in
1984 containing 12.768 square feet bringing the total up to 41,522 square feet.
In March of 1997, the City of Fort Collins implemented the newly adopted
Comprehensive Plan called City Plan. This implementation involved re -zoning
most of the City into new zone districts with certain exceptions for developed
properties that were not anticipated to re -develop. The primary exception was
existing neighborhoods which retained their underlying pre -City Plan zone of R-L,
Low Density Residential.
Examples include Stonehenge, Parkwood Estates, Parkwood East, Lake
Sherwood and Nelson Farm — all residential neighborhoods on the east side of
is
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FortCollins
ITEM NO 4
MEETING DATE JIM iZ
STAFF 6:P.A-P_D
PLANNING & ZONING BOARD
PROJECT: Regency Lakeview Addition of a Permitted Use For Multi -
Family Dwellings at Christ Center Community Church and
Project Development Plan #PDP120013
APPLICANT: Regency Residential Partners
c/o Ripley Design, Inc.
401 West Mountain Avenue
Fort Collins, CO 80521
OWNER: Christ Center Community Church
Board of Trustees
2700 South Lemay Avenue
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request to add Multi -Family Dwellings, as specifically described on the
Regency Lakeview Project Development Plan, as a permitted use in the Low
Density Residential (R-L) zone district and Project Development Plan on the 11
acres located on the east side of the Christ Center Community Church. The
project would consist of 175 dwelling units divided among eight buildings plus a
clubhouse. There would be a mix of one, two and three -bedroom units. There
would be 292 parking spaces divided among attached garages, detached
garages and surface parking, and 283 bike spaces. Amenities would include a
clubhouse, pool and walkways.
The existing stormwater detention pond at the south end of the parcel would be
enlarged and improved as a two -acre pocket park. There would be no new
access drives from either Lemay Avenue or Drake Road. As required, the
request for an Addition of Permitted Use is being submitted in conjunction with
the Regency Lakeview Project Development Plan. The site is generally located
at the southeast corner of Lemay Avenue and Drake Road and is presently a
component of the 25-acre Christ Center Community Church campus.
RECOMMENDATION: Approval
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750