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HomeMy WebLinkAboutLDS TEMPLE - PDP - PDP120029 - DECISION - MINUTES/NOTESPlanning & Zoning Board February 21, 2013 Page 9 Member Campana said he could certainly support a compatibility condition related to lighting and the hours they're operated. Carpenter said that would make her a lot more comfortable. Campana said it doesn't appear that due to religious reasons the lights on at 11 p.m. Kirkpatrick, Elmore and Smith said they could support that. The applicant said they agreed to tower and steeple 50% at 9:30 p.m. with black out at 10 p.m. The rest of the building will be governed by code in place. Deputy City Attorney Paul Eckman said the application shows the lighting on the building will go out at 11 p.m. He believes that should be made clear as to when the lights go out. Chair Smith agreed. Schreider said that condition does not change — after 11 p.m., it's strictly for security. Member Campana made a motion that the Planning and Zoning Board approve the modification related to Section 3.2.1(E) (5) (c) for Fort Collins LDS Temple, PDP120029 with regard to the canopy trees and the landscape islands based on the fact that it is not detrimental to the public good and because it promotes the purpose of the standard equally well or better than a plan which complies with the standard. The intent of the proposed parking lot landscaping requirement of canopy trees are met equally well by providing 4 - 5 Chanticleer Pear ornamental trees. Member Kirkpatrick seconded the motion. The motion passed 6:0. Member Hart made a motion that the Planning and Zoning Board approve the modification related to Section 3.8.11(C )(2) for Fort Collins LDS Temple, PDP120029 with regard to fences and walls based on the fact that it is not detrimental to the public good and because it promotes the purpose of the standard equally well or better than a plan which complies with the standard The intent of the standard is to prevent large opaque faces dominating front yards and preventing the building from having a relationship to the public street as well as to avoid a tunnel effect. This fence as it is set back from the street with its wrought iron character will meet the standard. Member Campania seconded the motion. The motion passed 6:0. Member Campana made a motion that the Planning and Zoning Board approve the Fort Collins LDS Temple, PDP120029, based on the findings and facts included in the staff report on page 18 with the condition that the lighting on the tower and steeple will be turned off at 10 p.m. The balance of the building will be turned off at 11 p.m. Member Carpenter seconded the motion. Chair Smith said the applicant has done a good job of following the criteria in the LUC -- being very sensitive to the neighborhood context, architecture, and operations. He thinks it's interesting to consider proposals for what he would regard to be a grand civic project. He'll support it. The motion passed 6:0. Link-n-Greens PDP, # PDP130001 Project Description: This is -west for approval of a Project Develop an (P.D.P.) for the Link- n-Greens proper# This area consists o . acres and is generally located at the southwest corner o st and South Lemay Avenue. The Cache la Poudre River is the so the o r and the majority of the western boundary of the P.D.P. Th re River Trail is to on the property within an easement. The is zoned C-C-R Community Comm — Poudre River District, and e proposed uses are permitted in this zone district at fts4Qcation. Staff recommends approval with conditions. Planning & Zoning Board February 21, 2013 Page 8 Member Campana asked about the two modifications — one is the height of the fence. He asked Levingston to explain the intent of the standard. Levingston said the intent of this standard is to prevent - large, opaque fences to dominate front yards, preventing the building to have a visible relationship to the public street as well as to avoid creating a tunnel effect. The Applicant provided a unique security analysis of the proposed use.. The use of a 6 foot wrought iron fence in this application would not be detrimental to the public good and could be considered equal to or better than providing a non - translucent, solid four foot fence while meeting a unique security need. Member Hart how long the fence would be. Levingston said it would encompass the entire building. Hart asked how far the fence is set back from the property line. Levingston says it ranges from 35 to 50 feet. Campana said he thinks that's important to know it's not 2 feet off the sidewalk. Member Campana asked about the 2"d modification --modification for the trees/islands. Levingston said the intent of this standard is to create adequately shaded areas in parking areas. The applicant is providing Linden trees (canopy shade) in the majority of the landscape islands and meets the standards' intent. The intent of the proposed parking lot landscaping requirement of canopy trees are met equally well by providing 4 - 5 Chanticleer Pear ornamental trees in approximately three landscape islands along the internal drive aisle, as they also provide shade. She said the utilization of ornamental trees in selected landscape islands is not detrimental to the public good and could be considered meeting the standard equally well in an alternative design concept utilizing only Linden trees. Board Discussion Member Campana said the structure is a regional temple and pretty significant for our community. He says we're fortunate to potentially have this as a part of our city. It's a beautiful building and in his opinion the applicant has gone above and beyond the Land Use Code in design, layout and landscaping. He looks forward to seeing it be built out. Member Carpenter said she agreed. She still is having some `heartburn' about the tower and the up lighting on it. It is something very different than what we've had before. She thinks it's going to be obtrusive to the whole neighborhood. What concerns her are is the up -lit reflective surface, the height is high, and the tower windows make it even more obtrusive. Member Kirkpatrick said the staff report indicates street lights have 6300 lumens and that the steeple lights are 1238 lumens. Does that help? Carpenter said her concerns are the reflective surface and the up light as well as its height. Member Hart was concerned about the height and the lighting. He's still not too sure about the lighting. He said the pictures shown do not appear to be significant at all. Maybe there's a way to turn the tower lights off while keeping the lights on the statue near closing hours. Member Kirkpatrick sees how a tower of this size is very different from what's in the neighborhood now. She likes the diversity from the churches in her neighborhood — bells at noon and lighting at night. She thinks it adds to the fabric and the safety of a neighborhood. We've been very intentional in our LUC in trying to create mixed uses in neighborhoods. She thinks this is a great addition to what is really a sea of houses. Member Elmore agrees. She appreciates the applicant's work and the neighbor's feedback. Chair Smith asked the applicant for their thoughts on not lighting the tower after 10 p.m. Schreider said that's open for discussion. Currently it is 50% lighting at 10 p.m. and shut off at 11 p.m. There would be a slight concern about losing the light at 10 — with the lower building lit it gives you an odd architectural feature. He said the reflective nature is so much different than looking up at a light bulb source. He said it's a completely different experience in that you're not seeing the source. Planning & Zoning Board February 21, 2013 Page 7 Member Elmore said that someone had mentioned if there was an air handling system in the tower that might change the functionality of the tower and therefore make it not federally exempt. Merritt said the city's code exempts towers, belfries, steeples, and special architectural elements from the building height regulation. Member -Elmore asked staff to speak to the comment related to how the project would negatively affect the Fossil Creek area. Senior Environmental Planner Lindsay Ex said in the Board's Attachment 16 on page 13 of the Ecological Characterization Study; there's a pretty good map on how the natural areas surround this site. Essentially the natural area on this site is southwest of Paragon Estates — the Fossil Creek Wetland Natural Area. The next closest natural area is to the east (east of Kechter Farm). It is a dedicated conservation easement as a part of the Fossil Lake Ranch development. With regard to the gentlemen who spoke to the Land Conservation and Stewardship Master Plan is that is a Natural Areas document — it's a long range visioning document of the City of Fort Collins Natural Areas Department. It doesn't apply to private land development outside of a natural area. Member Campana asked about LUC Section 3.8.1(7) (C) and exempting heights of towers, spires and steeples. He asked about the intent of the code. Campana said the height restriction in the UE is 3 stories; he'd like to understand how you can nearly triple that. Levingston said a steeple doesn't normally have the mass that a building would and would not have the same impact on the adjacent properties. Chair Smith asked Deputy City Attorney to speak to the federal provisions for a religious facility as relates to the proposal before the Board. Eckman said the Religious Land Use and Institutionalized Persons Act is a federal regulation. It provides that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person including a religious assembly or institution unless the government demonstrates a compelling governmental interest and that the regulation is the least restrictive means of furthering that compelling governmental interest. He said this act has been eroded over the years by court decisions but it still has some important meaning. The Federal 101h Circuit says no substantial burden can be found when the incidental effects of otherwise lawful government programs make it more difficult to practice certain religions but have no tendency to coerce individuals to act contrary to their religious belief. Eckman said from what he's heard with respect to the height of the tower, steeple and angel — the height itself does not have to be a certain height to conform to their religious tenants. Eckman said the same thing with the lighting. He didn't hear that the lighting has to be on until 11 p.m. for any particular religious reason. He doesn't think the Board would run afoul if a condition is imposed. In LUC Section 3.5.1 (J) — the operational compatibility standards where the Board has the ability to limit light intensity and hours of full illumination to make the project more compatible with existing neighborhoods and uses. Member Kirkpatrick asked Eckman about the comment relative to in Urban Estate places of worship is not an appropriate use. Eckman said it's a permitted use in the Urban Estate zone. Levingston said on page 3 of the staff report, there's a definition (in Article 5) for a place of worship. At Kirkpatrick's request Levingston read that section for the individual who raised that concern. Member Carpenter asked about the up lights on the angel and it's comparison to street lights. She said street lights are not 112 feet into the air and aren't they down facing? Levingston said street lights are downward facing and the illuminates that come from them would be more than that is proposed on the top of the steeple. Member Carpenter asked if the tower was lit from the inside. Are there windows in the tower and are they lit? Merritt said yes there are stain glass windows and they will be lit from the inside. Schreider said it will not be a shining out beacon type lighting. Planning & Zoning Board February 21, 2013 Page 6 Member Campana asked if they would consider turning the lights down earlier than 11 p.m. Merritt said the city code reads the lighting must be reduced from 100% to 50% one hour after closing. Activities take place until approximately 10 p.m. From 10-11 p.m. people are leaving and staff will be doing be closing up. Member Hart said he heard concerns related to the height of the tower. If they lowered the tower, could they then lower the height of the spire? Do they need that full distance from 37 to 87 feet for the tower? Merritt said the tower and the spire are one and the same. Ben Schreider said the right tower and spire effort consumed close to 6 months and resulted in 40 different versions. It's been a huge part of the development. They wanted to know what would work best with the building without being too short. Schreider said there was also respect for the fact that it wasn't open ended. Member Hart if there was some religious significance to be able to see the statue from all parts of the area. Schreider said it definitely is part of the experience. It is a key part of the vernacular of an LDS temple. He said there is not a hard set requirement that tells him all the areas from which it should be experienced from. Member Carpenter asked for more of an idea of the colors and materials. Schreider said it's a lighter, off-white beige color. Staff Response Member Campana asked Traffic Systems Engineer Ward Stanford about the potential for a light at Timberline and Majestic. Stanford said it does not have nearly enough traffic coming and going to warrant a traffic signal. It's too close to Trilby (an arterial) to put a signal in with quality results. The two will interfere with each other in a negative manner. Stanford said right now they probably have a little bit of delay mornings and evenings but they don't have much of delay during the day. Because Timberline has more traffic they would get the bulk of time should a signal be installed there. They would have a delayed wait every cycle of the day. They would no longer have the freedom to make some of those okay to proceed decisions on their own. Member Hart said it seems some people think traffic from the church will be a cause of traffic congestion. Hart said he concluded from the Traffic Impact Study that traffic on both Timberline and Trilby will be impacted less than 5-10%. Stanford said that's accurate. Their peak hour analysis shows they'll be adding about 130 vehicles -- approximately 2 cars a minute during a peak hour to Timberline traffic and about 25 cars during a peak hour to Trilby. Their high use is anticipated during the latter part of the week. It'll be even smaller during regular work days. Member Kirkpatrick said one of the individuals who testified mentioned that Carmichael had a deviance from what was originally proposed in the Master Street Plan. Stanford said the property would not allow them to make the last 40-50 feet of proper offset and they asked Traffic to look at that. He said their offset as proposed is to the positive -- it's not creating opposing left turn conflicts. They'll be turning away from each other sooner. Traffic did not see that as a safety concern or a detriment to the great good. Board Questions Member Elmore asked the applicant if the purpose of the tower height is so people can see the angel from the gardens and not to capacitate the air handling system. Merritt said its purpose is to keep proper proportion and to provide visual connectivity to the tower and the steeple. He said they took advantage of trying to lower the principal structure by utilizing the internal volume of the tower for air handling. It's by no means its sole purpose. Planning & Zoning Board February 21, 2013 Page 5 Matt Huntsman, 2303 Westchase Road, said their concerns about the temple were quickly alleviated. He walked the area and the feeling he got was one of it's a place of peace. He thinks it will enhance the neighborhood. John Trone, 6327 Westchase Road, said he objects to the variance to the street alignment of Carmichael. He also objects to the fence variance. He thinks a 4 foot fence is adequate for security. He thinks the steeple at 112 feet is quite high in the context of the surrounding neighborhood. He said if the steeple houses mechanical systems, given the additional use it is not really a steeple, would not fall under the federal exemptions for steeples. Mark Anderson, 6632 Majestic (Paragon Estates), said getting out onto Timberline at Majestic Drive is very difficult especially in the morning. He was wondering if it is possible to put a traffic light there. Chair Smith we'll have staff respond to that. Jon Smith, 2025 Kona Drive (Paragon Estates), said he lives at the corner of Majestic and Timberline. His concern is noise and traffic as the street gets widened and there's more traffic. He spends a lot of time in his back yard and he's not looking forward to the increased noise. Evan Kelley, 2209 Harvest Street, said he's lived in the Westchase area for 6 plus years. He said he's been on board since the project was first proposed. There have been some great changes but there's been a slight mission creep. The size of the temple has slowly grown and although the steeple has decreased from earlier projections, it is going to be at a much higher level than anything in their region. He's also concerned about the simultaneous development along the Timberline corridor. He has concerns not only for vehicular traffic but for pedestrian traffic especially children using the one light to get to school. End of Public Input Applicant Response Ken Merritt said there were some concerns expressed about the steeple blocking vistas. The tower and steeple are 25 feet square and certainly do not create great obstructions to the views to the west. He said with regard to the lighting of the Angel Moroni, it's very subtle lighting on the ridges of the steeple itself. The amount is what a standard streetlight would produce. Merritt said there were some comments about the 112 foot height at the edge of the city and its use and its proximity to the Fossil Creek area. This property is in the northeast portion of the Fossil Creek area and as such it's in that plan. What better place to put a facility such as this than at the crossroads of two major arterial roads (Timberline and Trilby). Merritt said with regard to comments this was not a place of worship and not allowed in the UE district. He said the purpose of this temple is for the highest place of worship in the LDS Church and churches area an allowable use in that zone.. Merritt said with regard to traffic, were this property to be developed as residential in the UE district (2 units per acre), it would create 55-65 units. Those homes with such low development yields would not have the financial capability of affording the vast number of improvements being proposed. He said this is a catalyst project. Member Campana asked what was proposed as the initial height of the steeple. Merritt said initially it was 120-125 feet. Campana asked if they could consider lowering it. Merritt said they feel like they've made considerable concession by lowering it to 112 feet. Planning & Zoning Board February 21, 2013 Page 4 Victoria Dunn, 1903 Falcon Ridge Drive, said she's in favor of the project. She thinks it's the perfect site. Chris Kelly, 2209 Harvest Street (Westchase), said she's got concerns about the traffic. She thinks the city has not considered the overall plan for Trilby —it's being done piecemeal. She asked that the project be delayed until that is addressed. She's also concerned about the height of the tower and lighting until 11 P.M. Jack Dunn, 1903 Falcon Ridge Drive, said he's lived in the neighborhood for some time. He's in favor of the project. He's got more concern about 5 three story buildings that will house 300 people being proposed nearby. He doesn't think the temple will contribute as much to traffic as compared to other developments being proposed. Brad Saunders, 6320 Treestead Road (Westchase), said he's lived in that neighborhood 7 years. He's in favor of the building. He thinks it'll be a great addition to their neighborhood. He has no problem with the high steeple and he appreciates their effort to mitigate its impact. He thinks it'll be a landmark for the future. Devin Hirning, 2214 Fossil Creek Parkway (Westchase), is opposed to this project. He read into the record a handout he submitted as an exhibit. It spoke to UE (Urban Estate) uses, Colorado Revised Statutes legislative intent, the Fossil Creek Reservoir Area Plan incorporation into City Plan, and provisions of the Land Use Code that might conflict with other laws and how the more specific standard shall govern or prevail. He does not think it's an appropriate use of the property. Wendy Cleverly, 6209 Treestead Ct. (Westchase), said she supports the submitted plan. They've enjoyed the open fields but knew eventually the fields surrounding their neighborhood would be developed. Since this project was proposed they've received notices about the future development of more than 700 homes. She believes the LDS temple will have less impact on traffic during peak travel times than if the property were developed for residential. purposes. Kyle Cleverly, 6209 Treestead Ct. (Westchase), said he represents a number of neighborhoods and requested they stand to indicate they support his comment in support of the project. About 15 people stood. He said they share a common opportunity to live and raise their families and have a common understanding of the importance of how communities influence the quality of their lives. As residents, they appreciate the vision outlined by the city in its long term plan. They support the LDS Temple Plan because it is compatible with the city's vision. They want to make sure their section of the city is recognized as more than a sea of rooftops. The temple will add to their foundation and add to that unique design and identity. They believe the temple will pay for its share of development — they will make much needed improvements to the roadways and make travel safer for all that navigate through that area. He said City Plan with its collaborative and community based approach — inclusive and accessible to all — has been their experience through this process. They have seen their feedback incorporated and it is different from what was initially proposed — they thanked the developers for that. Suzanne Saunders, 6320 Treestead Road (Westchase), said she's in favor of this project. She thinks the temple will bring positive, lasting beauty to the neighborhood. Some of the necessary improvements to the Timberline/Trilby intersection will occur with this project. This will be the beginning of essential road improvements on Timberline Road. Nicole Huntsman, 2303 Westchase Road, said her family specifically chose Westchase and a lot of that had to do with the temple coming in. ,She thinks the temple is a better alternative to residential or commercial improvements on that site. She's in favor of the project. Planning & Zoning Board February 21, 2013 Page 3 the Urban Estate (U-E) Zone District. The Project Development Plan complies with the applicable General Development standards of Article 3 and Urban Estate district standards of Article 4 of the Land Use Code (LUC) with the exception of the submitted Modification of Standards requests, which Staff recommends approval. The U-E district limits maximum building height to 3 stories. The LDS Temple building is designed as one and a half story with the use of a pitched roof. The ridge of the Temple roof is at approximately 31 feet above the finished floor elevation and the height is 39 and 1/2 feet to the base of the tower. A central tower and steeple topped with a sculpture (gold angel) extends to a height of 112 feet. Section 3.8.17(C) of the LUC exempts monuments, ornamental towers, spires and steeples from height regulations. Levingston reported the site is not within migratory wildlife corridor. The Ecological Characterization Study addendum concludes site lighting will not impact migratory or resident bird movement. Levingston reported the applicant has requested modifications to the following standards: Section 3.2.1(E)(5) — Allowing some ornamental trees in parking lot landscape islands in addition to canopy shade trees and Section 3.8.11(C)(2) — Allowing a 6 foot tall.fence in the front yard of the LDS Temple. The applicant will provide 4-5 Chanticleer pear trees in a few landscape islands. She believes the landscape plans complies equally well or better than a plan that complies with the standard. The applicant proposes a 6 foot wrought iron fence due to their unique security needs. Levingston believes the fence will not create a tunnel effect along the public streets and meets the standard equally well than a plan that complies with the standard because of the visual continuity and translucence of the wrought iron fence. Staff recommends approval of the LDS Temple Project Development Plan and the associated modification of standard requests. Applicant Presentation Ken Merritt, Landmark Engineering, representing the Church of Jesus Christ of Latter-day Saints provided site vicinity context information as well as existing site condition and plans for landscape (including tree removal, relocation, and the addition of 104 new trees). He described on and off -site public roadway improvements and the overall temple site plan/land use. He described the results of a temple shad and shadow analysis. Ben Schreider, Architectural Nexus, described the architectural design and colors. He described the lighting system for the campus and on the steeple. He reported any lighting after 11 p.m. would be for security purposes only. Public Input Jon Anderson, 1230 Paragon Place, said he's opposed to the project. He thinks it does not comply with the hard fought Land Conservation and Stewardship Master Plan. He believes it will dramatically impact the Fossil Creek Corridor and various nature areas and view shed. He'd like to see the plan modified to make it consistent with the surrounding community. Brian, 2333 Dolan Street, said he lives in the Westchase community. He'd like to welcome the LDS community but he believes their proposal is not coherent with community compatibility standards. His views will be impacted. He thinks 112 feet is too high for a building in south Fort Collins. He proposes the tower be shorted if the steeple is exempt from requirements. He also wondered if we want lighting until 11 p.m. John Siegmund, 2660 Silver Mist Lane, said he lives adjacent to the site. He has no objection to the temple per se. It's the height that bothers him. It's not commensurate with other places of worship in the community. It'll obstruct the view corridor. Planning & Zoning Board February 21, 2013 Page 2 Consent Agenda: 1. Minutes from the January 17, 2013 Planning and Zoning Board Hearing 2. Mitsubishi Dealer (2712 S. College) Major Amendment, # MJA120007 3. Lot 1, Nix Natural Areas Facility Major Amendment, # MJA130001 3A. Planned Development Overlay District Pilot Member Campana made a motion to approve the consent agenda which consists of the Minutes of the January 17, 2013 Planning and Zoning Board Hearing, the Mitsubishi Dealer Major Amendment (# MJA120007), Lot 1, Nix Natural Areas Facility Major Amendment (#MJA130001) and the Planned Development Overlay District Pilot. Member Elmore seconded the motion. The motion was approved 6:0. Discussion Agenda: 4. Fort Collins LDS Temple Project Development Plan (PDP), # PDP120029 5. Link-n-Greens PDP, # PDP130001 7. 7-Eleven at College and Magnolia PDP and Addition of Permitted Use, # PDP120026 8. Affordable Housing Redevelopment Displacement Mitigation Strategies — staff requested the topic be continued to another date. 9. LUC (Land Use Code) — Student Housing Action Plan Phase I 10. LUC — Vested Rights Project: Fort Collins LDS Temple Project Development Plan, # PDP120029 Project Description: This is a request for a 30,389 square foot Church of Jesus Christ of Latter Day Saints (LDS) Temple on a 15.69 acre site at the southeast corner of South Timberline Road and Trilby Road. With this Project Development Plan, the site will be subdivided into two blocks and two out lots, with the subject development only occurring on lot 1, block 1. Currently, the majority of the site is undeveloped; however there is an existing single-family residence on the southwest portion of the site. This structure, including the associated gravel access drive off of Timberline Road, will be removed prior to construction. Recommendation: Staff recommends approval. Hearing Testimony, Written Comments and Other Evidence City Planner Courtney Levingston said currently, the majority of the site is undeveloped; however there is an existing single-family residence on the southwest portion of the site. This structure, including the associated gravel access drive off of Timberline Road, will be removed prior to construction. In addition to the new LDS Temple, the project proposes a new 3,052 square foot single family residence (parsonage) on Lot 1, Block 1 for the Temple President. A 1,500 square foot maintenance building is also proposed east of the Temple parsonage. Access to the LDS Temple and associated residence is from two points on newly constructed extension of Majestic Drive, which will align with the existing Majestic Drive to the west. With this project, Timberline Road will be improved in terms of widening, additional turn lanes and providing new sidewalks. The proposed land uses, place of worship and single family residential, are permitted uses in Chair Andy Smith called the meeting to order at 6:10 p.m. Roll Call: Carpenter, Campana, Elmore, Hart, Kirkpatrick, and Smith Excused Absence: Hatfield Staff Present: Kadrich, Eckman, Lorson, Ex, Bolin, Levingston, Stanford, Holland, Langenberger, Olson, Hilmes-Robinson, and Sanchez -Sprague Chair Smith said in an effort to make the process a little more citizen friendly he would provide background on the order of business. He described the following processes: • Citizen participation — an opportunity to present comments on issues that are not specifically listed on the meeting agenda. • Consent agenda items are considered items which have no known opposition. Any member of the board, staff or audience may request for an item to be pulled from the consent agenda and discussed in detail as a part of the discussion agenda. • Discussion agenda items will include a staff presentation, an applicant presentation, and questions by board members, staff comments and public comment. • At the time of public comment, he asked that you come to the podium, state your name and address for the record, and sign -in. He asked that the speaker clearly state their position and he encouraged them to share comments relevant to the topic under discussion. • Responses by applicant and staff will follow public comment. • The board will deliberate and reach a decision once a motion has been made and a vote taken. • The board will do their best not to use acronyms or jargon. • He will begin each new item with a description of the development type being considered. Agenda Review CDNS Director Laurie Kadrich reviewed the agenda and noted that staff had requested that Affordable Housing Redevelopment Displacement Mitigation Strategies be continued to another date. Citizen participation: None