HomeMy WebLinkAboutCROSSROADS SAFEHOUSE - PDP - 18-09 - DECISION - MINUTES/NOTESPlanning & Zoning Board
September 17, 2009
Page 7
Including the two modifications of standard Section 3.2.2(D)(3)(c ) and Section 3.8.6(D). Member
Campana seconded the motion.
Deputy City Attorney Eckman said that the motion is not indicative of the Board's normal practice of
voting separately on the modifications. If there's not much dispute among the Board members, he thinks
we'll be alright. We have had problems should the modification not be approved and then Council would
be confused if it went to them on appeal. In this case it should work if all Board members are in
agreement.
Member Lingle originally had concerns about the gravel surface modification but he understands the
practical hardship that is created by the property so he's okay with it as proposed.
The motion passed 7:0.
Proje • iFirstand
alk Annexation and Zoning, # 27-09
Project Descria request to annex and zone an assemblage and totaling 265.65 acres.
e is referred to as Riverwalk and located be een Harmony Road on the
-25 on the east, Kechter Road on the so and the Fossil Creek Reservoir
tch on the west. Contiguity with the e ' ting municipal boundary is gained
portion of the northern boundary w ch is shared with the Arapahoe Bend
nnexation and a portion of the est boundary which is shared with the
nn ation Number Three, the ookfield Annexation and the Sunrise Ridge
d Sec d Annexations.
Recommendation: Approval of the A exation; Ap roval of Zoning the Northerly 139.65 acres into the
T, Transition Zone Oith a co ition; Approval of Zoning the southerly 126 acres
into the P-O-L, Public pe Land Zone; Placement of both zone districts into the
Residential Neighbornd9d Sign District.
Senior City Planner Ted Shepard said is is a 100 voluntary annexation for a property located within
the Growth Management Area. The roperty satisi a the requirement that no less than one -sixth of the
perimeter boundary be contiguous o the existing City oundary. The condition on the zoning would be
to allow stockpiling, gravel pit re amation and over lot rading as a permitted use in the Transition zone.
Dividing the annexation intoyho zone districts is by mutu I consent among the owners and the City of
Fort Collins. Staff also rec mends both zone districts b placed within the Residential Neighborhood
Sign District. The Initiati Resolution was considered by ity Council on August 18, 2009 and
approved. The item is cheduled for first reading by City C ncil on October 6, 2009.
Section 2.9.4(I) alloys the City to add conditions to a zoning r quest. The site is currently in the County
and the owners ar operating under a State permit to reclaim t former gravel pit. This basically
involves re-cont ring the site and restoring the ground cover in ccordance with the standards of the
State Mined L d Reclamation Board. If a permanent water bod is created, then it must be certified by
the State En ' eer and properly augmented with sufficient water ri is to compensate for evaporation
Planning & Zoning Board
September 17, 2009
Page 6
said it has a sliding gate across the parking lot entrance but that gate is set back to where the drive aisle
narrows. Lingle asked if it's the same eight foot fence that goes completely along the south and west
property lines. Applicants indicated yes. Lingle asked if the Board approves the PDP, does that
automatically approve that fence or is a variance required. Shepard said the code allows for a higher
fence height for security purposes.
Member Lingle asked about the rationale for the modification request on the gravel parking lot; is that
generated primarily by financial consideration or is there a practical reason for that. Shepard said both —
one of the practical reasons is stormwater. This is a built up, mature neighborhood that developed prior
to stormwater standards —certainly after the enhanced 1997 stormwater standards. Shepard said
besides detention, there is a need to address water quality. Lingle said then there is not enough land on
the property to meet those requirements without a gravel parking lot. Shepard said correct.
Member Lingle asked about the comment relative to a kennel. If that came to be, does that have to go
through some sort of separate amendment process? Shepard said `kennel' may have been a poor
choice of words. The speaker may not have known that kennels (a place for profit and enterprise) are
prohibited in the city of Fort Collins. What he probably meant to say was "just a place for the dogs to
stay." Kennel implies that I'm going away for two weeks. Kennel also means it's a place for a dog to
sleep at night —a place set aside. Lingle asked if what they actually need be permitted under the PDP or
would that require a separate action. Shepard said no it would not require a separate action —it's not a
principal use, it's ad hoc, it's going to be intermittent, it would be pretty hard to regulate (dog there one
night or one month) so it's pretty hard to define. Lutz said they have a small award from the ASCPA
called PAWS so they actually help safehouses do this. It would be kennel containers located in a sound
insulated area of the basement as they don't want noise to seep through the house. They will still keep
their working relationship with Cross Trails (foster care for pets) as some people would prefer that option.
Member Lingle made a motion to approve the Crossroads Safehouse PDP, # 18-09 based upon
the findings of fact and conclusion beginning on page 7 of the revised staff report
A. The land use is permitted in the L-M-N, subject to review by the Planning and Zoning
Board.
B. A Request for Modification to Section 3.2.2(D)(3)(c) to allow gravel to be the surface of
the existing parking lot has been submitted.
C. The Modification complies with Section 2.8.2(H) because the P.D.P. would not be
detrimental to the public good and The granting of this Modification would, without
impairing the intent and purpose of the Land Use Code, substantially alleviate an
existing, defined and described problem of city-wide concern or would result in a
substantial benefit to the city by reason of the fact that the proposed project would
substantially address an important community need, as expressly stated in City Plan
Policy HSG-1.5, and the strict application of such a standard would render the project
practically infeasible.
D. Request for a Modification to Section 3.8.6(D) to allow the facility to be less than 1,500
feet from another Group Home has been submitted.
E. The Modification complies with the criteria of Section 2.8.2(H) because the P.D.P.
would not be detrimental to the public good and would be equal to or better than a plan
that would otherwise comply with the separation requirement. This is because East
Prospect Road creates an effective barrier between two distinct neighborhoods such
that there will not be an over concentration of Group homes and Shelters in either
neighborhood as a result of placing Crossroads Safehouse at 421 Parker Street
F. The P.D.P. complies with all other applicable General Development Standards.
G. A neighborhood meeting was held on June 2, 2008.
Planning & Zoning Board
September 17, 2009
Page 5
Board Questions and additional response to Public Input concerns:
Chair Schmidt asked how the children get to school. Locklear said there's a federal requirement that the
school district pick up and take the children to school but they will most likely take the kids to school
using a school bus. Additionally they will have vans for different purposes including picking up women or
men who are victims of domestic abuse in imminent danger.
Chair Schmidt asked how the gate works for entering the facility. If a neighbor wanted to come to
discuss an issue, how would they go about gaining entrance? Locklear said a neighbor could gain
access through the public entrance /public meeting room area. Since there is security inside the building
which requires key fobs, they would need to be given access to the administrative office area. In addition
to the public entrance there is a "Sally port" entrance used for vehicles —one gate opens and closes
before the second gate opens to allow access into the building. There is an entrance there for residents
once they clear the "Sally port". That entrance allows them direct access to their quarters (bypassing
administrative offices). Chair Schmidt asked how many gates will there be on the fence. Locklear said
the only gate is for the cars and foot traffic which will be on the east end of the building (where the
current parking lot is).
Chair Schmidt asked if there were any plans for future expansion. Locklear said the footprint for the
facility will stay the same as it is now. Locklear added in the future, they would like to explore the
possibility of converting their current location into transitional housing —there are a lot of ifs there as the
City owns that building and it would require another capital campaign.
Chair Schmidt asked if the residents be allowed to keep their pets. Locklear said they do have plans for
a kennel but they have to raise the money to do that. Schmidt said she's aware of a foster program in
which people take care of pets if the need arises.
Member Lingle said at worksession, the term "magnet safehouse" was used. He asked for an
explanation of what that means. Locklear said there are a number of smaller cities throughout Colorado
that do not have access to a domestic violence shelter. They will have excess capacity once the shelter
is opened so they plan to open it up for statewide use for those in imminent danger. It enables them to
use the excess capacity and allows them to get more state funding until they have need for the space.
Chair Schmidt asked Ms. Lutz to describe how prevalent is having this type of safehouse across the
country. Are all states going to this "Austin" model? Lutz said between 1970 and 1982, the model was
what they have at the Crossroad's current location —they have become antiquated so a lot of the
movement has been to building or finding new opportunity. The internet has made it difficult for them to
remain confidential. There is a model safehouse in Raleigh (NC). They took a building that was used as
a social services building and they converted it into a 6-story safehouse that is also used for the police
department and other services —it "wraps" the client in services. Lutz said hiding in plain view is much
better than pretending to be confidential when you're not and that's the direction the nation is taking.
Chair Schmidt asked how much police activity have they seen. Lutz said at their current location she's
never seen police patrolling the area. She doesn't know if they're so good you never seen them. If they
ever needed to call them, they're on a "quick call" response —a mechanism for high risk situations.
Locklear asked to make one comment. He said one gentleman said there is no domestic violence in
their neighborhood now and they'd be bringing domestic violence there. Unfortunately that is not the
truth; there is not a neighborhood in this city, county, or country that doesn't have domestic violence.
Member Lingle asked exactly where the eight foot fence will go. Shepard said it's along Parker Street
and fills in the indentation of the building. Lingle asked if it went around the parking lot as well. Shepard
Planning & Zoning Board
September 17, 2009
Page 4
Board Questions:
Member Rollins asked if the project is approved, what type of future communication is planned for the
neighborhood. Lutz said they've already had one open house inviting everyone within 800 feet of a
corner of the building and they've talked among themselves about having a quarterly meeting. In
addition, neighbors are welcome to walk to their front door or call them about their concerns.
Public Input:
Bob Lansky lives at 1620 Whedbee. He's curious as to what the fence will look like —he thinks it'll
detract from a neighborhood atmosphere. He's also wondering what type of zoning requirements there
are relative to the fence —will it be less than 6 feet high? Also, he's been in the neighborhood 8 years
and said they very seldom see Police —the issues to date have not warranted police traffic. The fact that
they could be there at a drop of hat is not very reassuring to him.
Gary Dowdy lives across the street from the nursing home. He doesn't want domestic violence in his
neighborhood. They don't have it now and suddenly they're going to have 75 people (females with
children) who have experienced it and men "on the outside" unhappy about the situation. How will it be
managed? He feels like he needs reassurance not only from Crossroads Safehouse but from the City.
He'd like to know what guarantees he's going to have should something happen. What happens to his
property value? He hopes that nothing violent happens but the potential has increased and if he had
known the ultimate number is 75 residents he'd have been a lot more adamantly against it.
Jim Lloyd has lived at 1617 Peterson Place for the past 17 years. They endorse the Crossroads
program. It's needed a good location such as this. He's concerned, however, about what expansion
plans there may be. Are they going to keep the same basic facility they have now? He is in favor of this
project.
Fred has lived at 1615 Whedbee Street since 1964. They've seen lots of changes and he expects over
time there will be more. He said we have a definite responsibility to take care of problems in our
community —a moral responsibility to take care of these women and children. Where can they put a
facility as well thought out as this one seems to be? He thinks the neighborhood has to depend upon the
City to do the proper patrolling. He said far worst alternative uses such as high rise buildings or
fraternities could have moved in. Finally, he said he hopes this doesn't tear their neighborhood apart
and he strongly recommends approval of this project.
Mary Devine lives a block and a half away from the proposed safehouse. She wants to show
neighborhood support for the facility. She's proud of a community that shows compassion for people
who need it —that's the kind of community she wants to be a part of. She did notice when the fencing
was mentioned there was concern. In fact, about a block from the facility there is a quite ugly wooden
fence running one-half the block on Parker Street. It isn't attractive but it doesn't harm the neighborhood
in her opinion. She supports the facility.
Public Input Closed
Bill Locklear, Crossroads Board Treasurer and lead for the capital campaign, said in response to the
questions about the fence. It is an "estate" type fence with brick up 2.5 to 3 feet and black metal above
that. All code requirements will be followed in construction of the fence. Additionally they are making
every effort to make this an attractive facility with landscaping and a meditation area. They want as calm
an outdoor environment as possible. Relative to the question about how the women and children will
come and go; the facility has a substantial internal courtyard surrounded by the structure. The children
can play safely there. There is a sport court for the older children.
Planning & Zoning Board
September 17, 2009
Page 3
would substantially address an important community need, and the strict application of such a
standard would render the project practically infeasible.
The second standard at issue is the standard requires Shelters to be separated from any other group or
shelter by a minimum of 1,500 feet. Crossroads Safehouse, at 421 Parker Street is separated from the
Jacob House at 1516 Remington Street by only 1,300 feet a difference of 200 feet. The applicant
contends that the even though the separation distance is less than 1,500 feet, the barrier provided by
Prospect Road, an arterial street, allows both Crossroads Safehouse and Jacob Center to be located in
two different neighborhoods. This barrier accomplishes the purpose of the standard that no single
neighborhood carries a concentration of Group Homes and Shelters and that such facilities are
distributed throughout the entire City.
Staff finds that East Prospect Road, a four -lane arterial street, is an effective barrier that clearly defines
two separate neighborhoods. Placing Crossroads Safehouse south of Prospect Road will not cause an
over concentration of group home facilities in the East Side Neighborhood located on the north side of
Prospect Road. The proximity of the two facilities would not result in any detrimental impacts due to an
over concentration of such facilities in any one vicinity. The Modification to Section 3.8.6(D) satisfies the
criteria of Section 2.8.2(H) in that:
The granting of the Modification would not be detrimental to the public good. Further, the P.D.P.
will promote the general purpose of the standard equally well or better than would a plan which
complies with the separation standard. This is because East Prospect Road creates an effective
barrier between two distinct neighborhoods such that there will not be an over concentration of
Group homes and Shelters in either neighborhood as a result of placing Crossroads Safehouse at
421 Parker Street.
Vicki Lutz, Executive Director of Crossroads Safehouse, noted the process of looking for a new location
was started three years ago due to unacceptable levels of overcrowding in their current location (37
people in 14 bedrooms and some hallways). Board members traveled to other parts of the country
looking for models that might better suit their needs. They found it in Austin, Texas. The Austin design
is very close to what they'll have with the home being planned for 421 Parker Street. The 27,000 square
foot former Columbine Care Nursing home will be capable of housing up to 75 residents. There will be
no expansion of the building beyond the current footprint but the entrances would be made more secure
and a security gate ("Sally port") would be added to the parking lot entrances on Parker Street. The site
has been designed with security in mind by utilizing the existing structures secure exterior brick masonry
walls enhanced by brick and steel fence for security. With sustainable design as a goal, the facility (in
the future) will incorporate solar hot water at the roof and photo voltaic canopies that will give the building
an updated feel.
They've received unsolicited letters from neighbors encouraging them to come into the neighborhood. It
will be the first "green house" in the nation and a showcase for the National Network to End Domestic
Abuse —an alliance of shelter programs, statewide advocacy groups and coalitions that operate across
the country. She believes they've done their due diligence and requests the Board's approval of the
PDP and the modification requests.
Planning & Zoning Board
September 17, 2009
Page 2
Member Lingle moved to approve he co nt agenda which includes item # 1 August 20, 2009
Planning and Zoning Board Hearing utes and Item # 2 Inverness Innovations Park Overall
Development Plan, #30-09. Membe mpana seconded the motion.
The motion was approved 7:0.
Discussion Items:
3. Crossroads Safehous roject Developme Plan, #18-09
4. Riverwalk Annexati and Zoning, # 27-09
5. Apartments at Pr idio Project Development Plan, 25-09
Project: Crossroads Safehouse Project Development Plan (PDP), # 18-09
Project Description: This is a request to change the use and remodel the existing building at 421
Parker Street from a long term care facility to a shelter for victims of domestic
violence for more than 15 residents. Crossroads Safehouse would house up to 75
residents. The one-story building contains 27,000 square feet; the parcel is 2.14
acres in size and located at the southwest corner of Whedbee Street and Parker
Street. The P.D.P. includes two Requests for Modification. One is to allow gravel
as the surface of the existing parking lot and the second is to allow less than the
minimum required separation from another group home. The zoning is Low
Density Mixed -Use Neighborhood, L-M-N.
Recommendation: Approval of the two Modifications and Approval of the P.D.P.
Senior City Planner Ted Shepard reported this P.D.P. represents a change of use and conversion of an
existing building that will be significantly upgraded. The P.D.P. complies with the applicable criteria of
the L-M-N zone and the General Development Standards with two exceptions.
One standard at issue: "Pavement. All open off-street parking and vehicular use areas shall be surfaced
with asphalt, concrete or other material in conformance with city specifications." The existing parking lot
is surfaced in gravel. Crossroads Safehouse would like to retain the gravel surface. The applicant
contends that Crossroads Safehouse will have a significantly fewer number of employees than
Columbine Nursing Home. For example, Columbine had approximately 100 employees rotating among
three shifts. Crossroads anticipates only 15 — 20 vehicles divided among staff, interns and volunteers.
Only two or three employees will be on the overnight shift.
There have been no neighborhood complaints regarding the existing gravel surface. Crossroads
Safehouse will construct security gates so that the parking lot is not accessible to the general public or
visitors. Further, re -paving with a hard surface would trigger the requirement for additional stormwater
detention and water quality treatment as per the requirements of the Stormwater Utility.
Staff finds that the use of gravel as the parking lot surface would not result in any detrimental impacts.
Further, the Modification to Section 3.2.2(D) (3) (c) satisfies the criteria of Section 2.8.2(H) in that:
The granting of this Modification would, without impairing the intent and purpose of the Land Use
Code, substantially alleviate an existing, defined and described problem of city-wide concern or
would result in a substantial benefit to the city by reason of the fact that the proposed project