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HomeMy WebLinkAboutCROSSROADS SAFEHOUSE - PDP - 18-09 - REPORTS - RECOMMENDATION/REPORTCrossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 8 better than a plan that would otherwise comply with the separation requirement. F. The P.D.P. complies with all other applicable General Development Standards. G. A neighborhood meeting was held on June 2, 2008. RECOMMENDATION: Staff recommends approval of the Modifications of Standard to Section 3.2.2(D)(3)(c) and to Section 3.8.6(D) and approval of the P.D.P. Crossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 7 Study was waived for this project on the basis of estimated trip generation being safely accommodated by surrounding streets without any further public improvements. 6. Neighborhood Meeting: A neighborhood meeting was held in conjunction with the changes to the Land Use Code on June 2, 2008. Concerns were raised regarding traffic, building security, lighting and fencing were addressed. In response to neighborhood compatibility, the chain link fence along the south property line will be replaced by a six-foot high solid wood fence. In general, the occupation of an empty building is seen as being a benefit to the neighborhood. 7. Findings of Fact/Conclusion: In evaluating the request for Crossroads Safehouse P.D.P., Staff makes the following findings of fact: 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, 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 Crossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 6 5. Compliance with Applicable General Development Standards: A. Section 3.2.1 — Landscaping and Tree Protection The existing site features mature landscaping. Additional shrubs trees will be added along both Parker and Whedbee Streets to mitigate the masonry security fencing. B. Section 3.2.2 — Access Circulation and Parking As mentioned, the existing parking lot will be upgraded with security features. The public sidewalk along Parker Street will be widened. The site is part of the fabric of a neighborhood and is well connected by public streets. Access to the Spring Creek Trail is at Stuart Street, one block south of the subject site and a new bike rack will be added. The 25 on -site parking spaces will accommodate both staff and the estimated number of cars owned by the residents. C. Section 3.2.4 — Lighting There will be new lighting at the secured entrance to the building and parking lot. This lighting will be down -directional and fully shielded. D. Section 3.5.1 — Building and Project Compatibility There will be no expansion of the building outside the existing envelope but the entrance will be improved for both visibility and security. Brick fencing, six feet in height, will be added along portions of the building's exterior to enhance security. This brick will match the existing and be topped by two feet of decorative metal fencing. E. Section 3.5.3 — Mixed -Use, Institutional and Commercial Buildings There are existing sidewalks connecting the building to the public sidewalk along Parker Street. F. Section 3.5.4 — Transportation Level of Service Requirements An estimated 15 — 20 staff, interns and volunteers will travel to and from the site on a daily basis during regular business hours. For the evening shift, there will be two to four staff. On once -per -week basis, there will be staff meetings and group training sessions for non- resident clients. All expected activities associated with the program will generate fewer trips per day than experienced by Columbine Care Nursing Home. Traffic can be distributed north to Prospect Road, an arterial street; south to Stuart Street, a collector street, or east and west on Parker Street, a local street that connects to Remington Street on the east and Stover Street on the west, both collector streets. A Transportation Impact Crossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 5 It is interesting to note that under Section 3.8.6(C)(2), the Land. Use Code provides for certain barriers to be factored into the distance criterion. This particular standard, however, applies only to Group Homes and not Shelters for Victims of Domestic Violence. This standard states: "A group home may be located without consideration to the minimum separation requirements as established in subparagraph (A) and (B) of this Section if the group home is separated from other group homes within the area of the aforesaid minimum separation requirement by a substantial natural or man-made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river or commercial/business district. Such reduction in the separation requirement shall be allowed only after the decision maker has determined that the barrier and resulting separation distance are adequate to protect the city from any detrimental impacts resulting from an excessive concentration of group homes in any one (1) vicinity." Shelters for Victims of Domestic Violence was added to Section 3.8.6 as recently as 2008 and is not included in Section 3.8.6(C)(2). While this omission may have been inadvertent, Staff interprets the standard such that the barriers that would allow a reduction in the separation are specific to Group Homes but not specific to Shelters. Therefore, a Modification of Standard is required. D. Staff Evaluation: v There is a clear distinction between the two neighborhoods on both sides of the street. Each neighborhood was developed at different times with significant differences in street pattern, alley pattern, lot size, and housing style. Finally, East Prospect Road is the defined southern boundary of the East Side Neighborhood Plan as established with the adoption of the Plan in 1986. Staff, therefore, finds that 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. Crossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 4 spaces are expected to be for long-term users as the turn -over of parked vehicles will be low. In general, the use of the parking lot is strictly regulated for security purposes and not available to the public. D. Staff Evaluation: It is clear that the use of this parking is unique. With secured access and low turn -over, the use of gravel as a surface will not cause an undue increase in dust. There is a sufficient concrete driveway apron on private property that will prevent gravel from being dragged out to the public streets. Staff, therefore, 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 would substantially address an important community need, and the strict application of such a standard would render the project practically infeasible. 4. Modification of Standard to Section 3.8.6(D): A. The standard at issue: This standard requires Shelters to be separated from any other group or shelter by a minimum of 1,500 feet. B. The Modification Request: 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. C. Applicant's Justification: The applicant contends that the even thought 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. Crossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 3 • Shelters for victims of domestic violence for up to 15 residents would be a permitted as a Basic Development Review. • Shelters for victims of domestic violence for more than 15 residents would be permitted subject to Planning and Zoning Board review. These changes were adopted by City Council on July 15, 2008. 2. Compliance with Applicable L-M-N District Standards: Shelters for victims of domestic violence for more than 15 residents are a permitted use in the L-M-N zone subject to review by the Planning and Zoning Board. 3. Modification of Standard to Section 3.2.2(D)(3)(c ): A. The 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." B. The Modification Request: The existing parking lot is surfaced in gravel. Crossroads Safehouse would like to retain the gravel surface. C. Applicant's Justification: 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. Approximately one-third of the Crossroads Safehouse adult residents will bring cars. This number is estimated to be between 50 and 60 cars on an annual basis. The parking Crossroads Safehouse Project Development Plan, # 18-09 September 17, 2009 P & Z Hearing Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: L-M-N; Existing single family homes S: L-M-N; Existing single family homes E: L-M-N; Existing single family homes W: L-M-N; Existing single family homes The building was constructed in 1971 for a full -care nursing home. In 2008, Columbine Care moved out to their new facility on 4824 South Lemay Avenue. The building has been vacant since this move. In December of 2006, the Land Use Code was amended to adopt a new definition for Shelters for Victims of Domestic Violence. This new use was placed into 19 zone districts as a Basic Development Review primarily for the purpose of reviewing such uses in a manner that does not include public notice and a public hearing. A Basic Development Review process was seen as necessary in order to maintain a level of discretion as to the location of such facilities. Prior to this change, such uses were considered to be a form of Group Home which are permitted but subject to Type One and Type Two review both of which require public notice. Then in 2007, Crossroads Safehouse indicated that they wanted to pursue 421 Parker Street as a future facility and serve up to 75 residents. Since this number exceeded the maximum allowable in most residential zones, 15, a variance to the Zoning Board of Appeals would be required. But, the Z.B.A. does not have the latitude to grant a variance based on the community need criterion as does the Planning and Zoning Board under Section 2.8.2(H)(2). And, a Basic Development Review cannot be forwarded to the Planning and Zoning Board. The solution was to create a new land use a make a distinction between Shelters (up to 15 residents) and Shelters (greater than 15 residents). By creating a new land use, the need for a variance or modification was obviated. Locational discretion was replaced with enhanced building security. In June of 2008, the Planning and Zoning Board recommended approval to change the permitted use list of the L-M-N zone to effect two changes: PROJECT: Crossroads Safehouse Project Development Plan, #18-09 APPLICANTS: Crossroads Safehouse c/o JCL Architecture 401 South Mason Street Fort Collins, Co 80524 OWNERS: Crossroads Safehouse c/o Vicki Lutz P.O. Box 993 Fort Collins, CO 80522 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 comer 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. EXECUTIVE SUMMARY: 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. A Modification to Section 3.2.2(D)(3)(c) is recommended to allow a gravel surface for the existing parking lot and a Modification to Section 3.8.6(D) is recommended to allow the use to be less than 1,500 feet from another Group Home.