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HEARING OFFICER'S DECISION
The Hearing Officer agrees with the Staff recommendation and hereby approves
the Islamic Center of Fort Collins P.D.P, #110011.
Dated June 22, 2011, per authority granted by Sections 1.49 and 2.1 of the Land Use
Code.
Richard V. Lopez
Richard V. Lopez
Hearing Officer
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This standard requires that buildings be designed to form outdoor spaces such as
balconies, terraces, patios, decks or courtyards. The development includes a patio
serving the front entry and a large courtyard along the south elevation. The standard is
met.
J. Section 4.10(E)(2)(a) - Street Sidewalk
This standard calls for a street sidewalk that meets current requirements. The existing
sidewalk is an attached sidewalk which doesn't meet the requirements. A new 5 foot
wide detached sidewalk will be constructed to meet the standard.
K. Section 4.10(E)(2)(b) - Parking Lots
This standard requires that new parking lots be located toward the side and rear of the
principal building and not in the front yard.
The site contains 358 feet of frontage along Lake Street. The front yard area occupies
201 feet (59%) of the frontage. Parking is divided between two parking lots, one on the
east edge and one on the west edge of the site. This distribution of parking diminishes
the visual impact of a single parking lot. In addition, the parking is set back from Lake
Street by 50 feet. This minimization of parking complies with the standard.
STAFF RECOMMENDATION: Approval
CONCLUSIONS
A. The P.D.P. conforms to the West Central Neighborhoods Plan.
B. The P.D.P. complies with the applicable land use and development
standards of the HMN, High Density Mixed -Use Neighborhood zone.
C. The P.D.P. complies with the applicable General Development Standards.
D. As a permitted use subject to administrative review, neighborhood
meetings are not required. However, two neighborhood meetings were
held. One was a general information meeting and the second focused on
the treatment of the Summer Street terminus and design solutions to
address cut -through traffic.
0
This standard requires that doorways face the street at grade level or slightly elevated.
Lake Street forms the north boundary. The building is oriented toward the northwest
with the primary doorway visible from Lake Street, thus complying with the standard.
E. Section 4.10(E)(1)(b) - Relationship of Doorways to Streets
This standard requires that street -facing entries be the principal entrance with sidewalk
access to the street. The building entrance is connected to the public sidewalk on Lake
Street by a 10 foot wide concrete walkway and complies with the standard.
F. Section 4.10(E)(1)(c) - Front Yards
This standard requires that the building and site design include structured elements to
mark the transition from the public street to the doorways.
Within the 60-foot front yard, there are a variety of landscaping elements. There is a
patio, bicycle parking area and entrance. The entrance is one and one half stories in
height. These elements comply with the standard.
G. Section 4.10(E)(1)(d) - Roof Form
Generally, this standard requires that building have either sloped roofs or combined flat
and sloped roofs that relate to the street facade, integral structure and building entries.
The proposed building is primarily characterized by the dome which faces Lake Street.
The smaller pitched roofs (dome -like) in lower heights and locations, act as accent
features. When these features are combined with the flat roof portions, the form
complies with the standard.
H. Section 4.10(EO(1)(e) - Facade Variations
This standard requires that the building be articulated with projections, recesses,
covered doorways, balconies, covered box or bay windows and /or similar features.
The purpose is to divide large facades into more human -scale proportions and avoid
repetitive, monotonous undifferentiated wall planes. These variations will better reflect
the single-family dwellings nearby. This standard was developed for multi -family
structures.
The proposed building accomplishes this goal with the various modules. The variety of
projections break up wall planes. Specifically, the entry feature, dome, minaret and
window pattern all contribute to make this a unique building that complies with this
standard.
Section 4.10(E)(1)(f) - Outdoor Activity
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and an increase in background traffic, the Shields/Prospect; Shields/Lake
and the Shields/Summer intersections with operate acceptably with
existing control and geometry.
The development of the Islamic Center is feasible from a traffic
engineering standpoint.
ARTICLE 4 DISTRICTS: Compliance with the HMN Zone District
A. Section 4.10(B)(2)(b)(1). - Permitted Use
Places of worship are a permitted land use within the HMN zone, subject to
Administrative Review.
B. Section 4.10(D)(2)(a) - Maximum Building Height
The maximum allowable building height is five stories. Section 3.8.17 addresses
building height for residential and commercial applications but fails to specifically
address places of worship. Section 1.7.2 directs that when there is a lack of specificity,
the more stringent interpretation applies which, in this case, would be to categorize the
proposed structure as a residential use. Section 3.8.17 clarifies that for a residential
application, a story is equivalent to a height of twelve feet eight inches (12 ft 8 in). At
five stories, the equivalent height is sixty-three feet four inches (63 ft 4 in). The Mosque
is 52 feet in.height to the top of the dome as measured from an average grade.
Section 3.8.17(C)(6) specifically exempts steeples from the height standard. Here, the
minaret is effectively a steeple and will be 72 feet. The structure complies with the
maximum height standard in the HMN zone.
C. Section 4.10(D)(2)(b) - Setback
This standard required that building walls over 35 feet in height be setback an additional
one foot beyond the minimum required for each 2 feet, or fraction thereof, of wall or
building that exceeds 35 feet in height.
Since the HMN zone does not specifically address the front minimum required setback,
the prevailing standard is the build -to line per Section 3.5.3(B)(2)(b). The build -to line
for an institutional building shall be no greater than 15 feet since Lake Street is smaller
than a standard arterial street. The height of the building wall facing Lake Street is 52
feet to the tome of the dome. This height exceeds the height limit of 35 feet by 17 feet.
The additional setback required is 9 feet from the front setback. These requirements
result in a minimum setback of 24 feet from the front property line. The proposed
building is 60 feet from the front property line and thus compiles with the standard.
D. Section 4.10(E)(1)(a) - Doorways Facing Streets
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definitively established, or is not consistent with the purposes of the Land Use Code,
the architecture of new development shall set an enhanced standard of quality for
future projects or redevelopment in the area.
The proposed building respects the architectural traditions associated with a Mosque by
incorporating the dome, minaret and large prayer area. Two stories are required by
Islamic practice of providing a separate mezzanine as an additional prayer area.
Exterior materials have been specifically selected to represent the vernacular of
nonresidential building found in the region.
The size and height of the building are mitigated by dividing the mass into smaller
proportions based on function. This results in a variety of recesses projections
highlighted by small pitched roofs. The building is articulated on all four sides and set
back 60 feet from Lake Street.
J. Section 3.5.1(G) - Building Height Review
Buildings more than 40 feet in height are subject to a height analysis. The proposed
building is 52 feet at the top of the dome. The minaret is effectively a steeple and is
therefore exempt from the height analysis.
The building is not uniformly 52 feet in height. The height analysis reviews that there
are no adverse impacts relative to views, light and shadow, privacy or neighborhood
scale.
K. Section 3.5.3(C) - Variation in Massing and Section 3.5.3(D) - Character
and Image
The proposed building contains sufficient changes in mass that do not exceed the
height -to -width ratio of one -to -three. There is a clear delineation of the base, middle
and top thus complying with the applicable standards.
L. Section 3.6.4 - Transportation Level of Service Requirements
An intermediate level Transportation Impact Study was prepared for the development.
The peak hour for this development is noon on Friday's. During a typical Friday noon
worship, approximately 250 worshipers will attend.
The Transportation Impact Study conclusions are as follows:
Acceptable level of service is achieved for pedestrian, bicycle and transit
modes. Transfort routes 2, 3 and 19 have stops within 800 feet of the
site.
In the short range future (2015), the development of the Islamic Center,
movement of vehicles, bicycles, pedestrians and transit within the development and
connect with the surrounding areas. Here, primary access to the development is from
Lake Street. Secondary access is from Summer Street, but only on Fridays, the primary
day of worship. Access from Summer Street will be controlled by a traffic control
device such as an operable gate or removable bollards in order to discourage cut -
through traffic to Lake Street.
Walkways will connect the development to all three public streets: Lake Street, Summer
Street and Prospect Road. Bicycle parking is provided near the main entrance. The
proximity to Colorado State University will serve student worshipers via various modes
of travel.
F. Section 3.2.2(K)(1) - Required Number Of Off -Street Spaces
Places of Worship are required to provide one space per four seats in the main
assembly area. However, Mosques do not incorporate seats because worshipers both
stand and kneel. In lieu of seats, the area devoted per parishioner has been calculated
at 11.25 square feet. The prayer hall and prayer mezzanine contain 4,285 square feet.
Therefore, a capacity of 381 worshipers is derived by dividing 4,285 square feet by
11.25. The requirement of one space per four worshipers yields a requirement of 95
parking spaces. The 95 spaces are provided on the site, with four spaces designated
as handicap -accessible. The development complies with the standard.
At the public hearing an official from adjacent Plymouth Church mentioned that
negotiations were underway to provided overflow parking for worshipers in the Church
parking lot. The days of worship for these two churches do not conflict and the
cooperative use of parking is possible. While this is encouraged, the parking
requirement is met on -site.
G. Section 3.2.4 - Site Lighting
Developments are required to submit a proposed lighting plan that meets the
fundamental security needs of the development without adversely affecting adjacent
properties or the community. Here, the light fixtures will be fully shielded. No foot
candles in excess of 0.1 will be measurable 20 feet beyond the property line.
H. Section 3.3.1 - Plat Standards
The property will be replatted. The plat will dedicate the proper amount of public right-
of-way and dedicate proper utility, access, drainage and emergency access easements
in compliance with this standard.
Section 3.5.1 - Building and Project Compatibility.
This standard requires that in areas where the existing architectural character is not
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FACTS AND FINDINGS
ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS
The HMN zone contains numerous standards. The remaining applicable General
Development Standards that have not been addressed are described below:
A. Section 3.2.1 - Landscaping and Tree Protection.
The standard requires the submission of a landscape, tree protection and irrigation
plans. Street trees will be provided along Lake Street with the proper species selection
and intervals for spacing trees from street lights. The front yard includes five trees in
compliance with the full tree stocking. Foundation plants will be provided where visible
from Lake Street. These do not conflict with future building phases (school,
gymnasium). Drought tolerant ground cover will be planted in future phases.
B. Section 3.2.1(E)(4) - Parking Lot Perimeter Landscaping
The standard requires parking lot perimeter landscaping. Both the east and west
parking lots will be landscaped and fenced. The parking along the west edge, next to
existing houses, will have a four -foot high solid fence and a continuous row of shrubs.
Fencing is not needed along the east edge, because the adjoining land is a storm water
detention pond for Plymouth Church. A mix of trees and shrubs will provide a
continuous canopy at full maturity.
C. Section 3.2.1(E)(5) - Parking Lot Interior Landscaping.
The standard requires six percent (6%) of the interior space of parking lots be
landscaped. The ends of the parking rows are landscaped islands that comply with this
standard.
D. Section 3.2.1(F) - Tree Protection and Replacement
This standard calls for the protection of significant trees within the site and natural
buffer zones. There is a grove of existing trees that border the residential property to
the south. Several of these trees will be impacted by the east parking lot. Invasive
trees such as Siberian Elm, Russian Olive and Cotton -bearing Cottonwood may be
removed without mitigation. The existing trees will be evaluated by the City Forester
and based on their individual value, may be removed. A mitigation schedule will be
developed and trees may be replaced as set forth in the Final Landscape Plan.
E. Section 3.2.2 - Access, Circulation and Parking
The parking and circulation system of the development must accommodate the
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"Recreational, religious, school and other infrastructure facilities play a pivotal role in
enhancing community cohesion. For instance, they can provide locations for functions
that bring the community together. Fortunately many of these facilities are available in
the West Central Neighborhoods."
The West Central Neighborhoods Plan acknowledges that the area between Prospect
Road and Lake Street acts as a buffer between CSU and the residential neighborhoods
to the south. The Plan was the catalyst to rezone this area to HMN. While multi -family
is expected to be the predominant land use, the Plan acknowledges the Islamic Center
mosque as a land owner with development aspirations. Finally, the Plan envisions that
places of worship will play an important role in establishing neighborhood identity,
diversity and cohesion.
NEIGHBORHOOD MEETINGS: Two neighborhood information meetings were held.
The first provided general information on a variety of topics and concerns. The second
meeting was a follow-up meeting to specifically address the design for controlling cut -
through traffic on Summer Street. Written summaries of these meetings are attached.
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established
that the hearing was properly posted, legal notices mailed and notice published.
PUBLIC HEARING: The Hearing Officer opened the hearing at approximately 6:05 P.M.
on June 8, 2011 in the City Council Chambers, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The Hearing Officer accepted the following evidence: (1) Planning Department Staff
Report; (2) application, plans, maps and other supporting documents submitted by the
applicant to the City of Fort Collins; (3) opportunity for public testimony was provided
during the hearing and approximately 50 members of the public were present. The
Land Use Code, the City's Comprehensive Plan (City Plan) and the formally
promulgated polices of the City are all considered part of the evidence considered by
the Hearing Officer.
The following persons attended the hearing:
From the City of Fort Collins:
Ted Shepard, Planning
Ward Stanford, Transportation
From the applicant:
Mr. Dana Lockwood, Lockwood Architects, Inc.
From the public:
Members from the public testified. A copy of the sign -in sheet is attached hereto.
3
which consisted of 20 townhome lots on the 3.26 acres. This P.U.D. has since expired.
1999: The parcel was rezoned from R-L, Low Density Residential to HMN, High
Density Mixed -Use Neighborhood as an implementation item for the West Central
Neighborhoods Plan.
Compliance with West Central Neighborhoods Plan (the "Plan")
The Plan addresses a wide range of issues for a large area dominated by Colorado
State University. The Plan acknowledges an overall lack of cohesion in the area:
Introduction: "Because of its mix of ages, origins, and uses, the planning area
does not reflect any composite character."
Overall Visual Character. "Visual character defines the impression of the
planning area being studied, and as such is quite important. It must be recognized,
however, that much of the infrastructure of the various neighborhoods are already in
place and will be difficult to change. Furthermore, the West Central Neighborhood is
not a homogenous neighborhood but rather an amalgamation of disparate
neighborhoods, each with its own unique characteristics."
H. Issue. Diversity: "Definition: For purposes of the West Central Neighborhoods
Plan, `diversity' is limited to its cultural, ethnic, racial, social, age, gender and economic
aspects. These terms are overlapping and not intended to be mutually exclusive."
4. "An ongoing plan to construct an Islamic mosque on a vacant Lake Street
parcel near CSU has drawn some criticism from individuals in its early
stages but is generally favored by the neighborhood as an appropriate
use of the land."
Sense of Community: "SC1 Provide common activities and facilities for those
living in the West Central Neighborhoods to encourage a feeling of connection, sense
of belonging and means for interaction. Colorado State University, the Poudre School
District, and the area's places of worship, and cultural institutions can serve as a focal
point providing facilities, cultural events, academic events, sporting events, etc. which
can enhance community cohesion."
"SC4 Respect and accommodate cultural, social and economic diversity in the West
Central Neighborhoods. Identify opportunities for creating an awareness of promoting
acceptance for the diversity of the West Central Neighborhoods and its integral role in
the neighborhood -building."
(20 - Presence of Schools, Recreational, Religious and Other Infrastructure
Facilities:
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CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: June 8, 2011
PROJECT NAME: Fort Collins Islamic Center P.D.P.
CASE NUMBER: #110011
APPLICANT: Islamic Center of Fort Collins
c/o Mr. Dana Lockwood
Lockwood Architects, Inc.
1027 Horsetooth Road, #200B
Fort Collins, CO 80525
OWNER: Islamic Center of Fort Collins
c/o Lutfur Khandaker
900 Peterson Street
Fort Collins, CO 80524
HEARING OFFICER: Richard V. Lopez
PROJECT DESCRIPTION: This is a request to construct a new facility consisting of a
Mosque, children's activity area, gymnasium and elementary school. The project will be
constructed in phases with the Mosque being Phase One, the school being Phase Two
and the gymnasium being Phase Three. The Phase One will consist of the worship
area and contain 11,600 square feet. The site is 3.26 acres and zoned HMN, High
Density Mixed -Use Neighborhood.
SUMMARY OF HEARING OFFICER DECISION: APPROVAL
ZONING DISTRICT:
The surrounding zoning and land uses are as follows:
N: HMN, High Density Mixed -Use Neighborhood, Multi -family
S: MMN, Medium Density Mixed -Use Neighborhood, Multi -family
E: HMN, High Density Mixed -Use Neighborhood, Place of worship
W: HMN, High Density Mixed -Use Neighborhood, Single-family detached
BACKGROUND:
Presently, the parcel is vacant and undeveloped.
1979: The property was granted approval for the Lake Street Townhome P.U.D.
j
City 01
Fort
Planning, Development & Transportation Services
Community Development & Neighborhood Services
College Avenue
Collinsrth
P.O.P.
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134-fax
fcgov.com
June 27, 2011
Attendee of the Fort Collins Islamic Center Project Development Plan, #PDP 110011 Public
Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Project Hearing of the Fort Collins Islamic Center Project
Development Plan, #PDP 110011.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to
the applicant and any person who attended and/or provided testimony at the public hearing held
on June 8, 2011.
This final decision of the Administrative Hearing Officer may be appealed to the City Council, in
accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of
the date of final action June 22, 201 lby the Hearing Officer. The deadline to file an appeal is
5:00 p.m. on July 6, 2011. Guidelines explaining the appeal process, including the Code
provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.phi), or
may be obtained in the City Clerk's Office at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please contact me at
970-221-6343.
Sincerely,
Ted Shepard
Chief Planner
/as2.