HomeMy WebLinkAboutFRONT RANGE BAPTIST CHURCH & ACADEMY - FDP - 2-05B - CORRESPONDENCE - LEGAL COMMUNICATIONFront Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 8
RECOMMENDATION:
Staff recommends approval of the Front Range Baptist Church Request for
Modification of Standard to Section 4.21(D)(2), #2-05, subject to the following
condition:
Approved with the condition that the secondary uses be limited to
places of worship or assembly and child care and the allowable
accessory uses typically associated with supporting such uses.
Front Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 7
C. This Modification complies with the criteria of Section 2.8.2(H) in that:
(1.) The granting of the Modification would not be detrimental to the
public good. This is because the two land uses are permitted and
the slight increase in allowable secondary uses from 25% to
34.53% will not be perceptible to the public.
(2.) The plan as submitted will not diverge from the standards of the
Land Use Code that are authorized by this Division to be modified
except in a nominal, inconsequential way when considered from the
perspective of the entire development plan, and will continue to
advance the purposes of the Land Use Code as contained in
Section 1.2.2. This is because the degree of divergence is only
9.53%. This represents 40,326 square feet over a total of 423,600
square feet or .925 acre. This degree of divergence qualifies as
nominal and inconsequential.
(3.) That by reason of exceptional physical conditions or other
extraordinary and exceptional situations, unique to such property,
including, but not limited to, physical conditions such as exceptional
narrowness, shallowness or topography, the strict application of the
standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional or undue hardship
upon the owner of such property, provided that such difficulties or
hardship are not caused by the act or omission of the applicant.
This is because the shape of the parcel is extremely narrow
causing site planning challenges that render compliance difficult.
(4.) It is efficient and practical for the church and private school to
create an attractive and functional campus. It is not in the public
interest to require the applicant to artificially increase the primary
uses or decrease the secondary uses to simply achieve a cap of
25% secondary uses. Staff concludes, therefore, that under the
circumstances, reasonable efforts have been undertaken to comply
with the regulation and that the costs of compliance clearly
outweigh the potential benefits to the public or would unreasonably
burden the proposed project.
Front Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 6
B. Section 2.8.2(H)(3) - Exceptional Narrowness
The site is indeed narrow. Its width is only 353 feet and yet its length is 1,141
feet, creating a long rectangle. Such a shape presents site planning challenges.
C. Harmony Corridor Plan
The parcel was never placed within a distinct sub area of the Harmony Corridor
Plan. This means it is not part of the Basic Industrial Non -Retail Employment
Activity Center nor a Mixed -Use Activity Center. This was intentional. The plan
recognized that this parcel will likely not become a critical piece of implementing
the land use vision of the Plan. In practical terms, a church and school campus
is an ideal transitional land use between a semi -rural County subdivision
(Fairway Estates) and a Regional Shopping Center (Harmony Market).
7. Findings of Fact:
In evaluating the Request for Modification, and in fulfillment of the requirements
of Section 2.8.2(H), Staff makes the following findings:
A. A Modification of Standard is required for Section 4.21(D)(2) to allow
greater than 25% of the nine acre site to feature secondary uses. In the
Harmony Corridor, school related uses are primary while church related
uses are secondary.
B. From a land use perspective, the parcel is not specifically designated by
the Harmony Corridor Plan to be included in any particular sub -area.
Even though the parcel fronts on East Harmony Road, it is not designated
to be any of the following:
* Basic Industrial Non -Retail Employment Activity Center
* Mixed -Use Activity Center
* Neighborhood Service Center
* Neighborhood Convenience Shopping Center.
Therefore, the parcel does not carry any special obligation other than the
normal requirement to comply with the permitted land uses as stated in
the Harmony Corridor zone district. Both private school and places of
worship and assembly are permitted uses in this zone.
Front Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 5
as exceptional narrowness, shallowness or topography, or
physical conditions which hinder the owner's ability to install a
solar energy system, the strict application of the standard
sought to be modified would result in unusual and exceptional
practical difficulties, or exceptional or undue hardship upon the
owner of such property, provided that such difficulties or
hardship are not caused by the act or omission of the applicant;
or
(4) the plan as submitted will not diverge from the standards of the
Land Use Code that are authorized by this Division to be
modified except in a nominal, inconsequential way when
considered from the perspective of the entire development plan,
and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
6. Evaluation of the Applicant's Request:
Staff has evaluated the applicant's request against the criteria provided in
Section 2.8.2(H) of the Land Use Code. The applicant has cited criteria 2.8.2
(H)(3 and 4) as justification. Specifically, Staff offers the following for the Board's
consideration:
A. Section 2.8.2(H)(4) - Nominal and Inconsequential
The mix of primary and secondary uses is as follows:
PRIMARY USES S.F. SECONDARY USESS S.F.
New Gym 16,000
40 Parking Spaces 28,000
Athletic Fields 225,000
Y2 Common Area 8,300
TOTAL 277,300
PERCENTAGE 65.46%
Existing Church 9,000
307 Parking Spaces;° 117,000
New Sanctuary 12,000
'/z Common Area
TOTAL 146,300
PERCENTAGE,da
The breakdown comparison of land primary and secondary uses indicates that
measure of divergence from the standard of no more than 25% secondary uses
equals 9.53% (34.53 — 25.00 = 9.53). Spread out over a nine acre site, such
divergence qualifies as being nominal and inconsequential.
Front Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 4
use (school), there will be new classrooms, gymnasium, athletic fields and
parking lot (40 spaces).
As part of the campus, there will be common areas shared by both uses. These
include administrative offices, library, coffee shop, entrance, hallways, restrooms,
mechanical rooms, janitorial closets, etc.
4. Summary of Applicant's Request:
The applicant has provided a narrative describing the request (see attached). In
summary, the applicant asks the Planning and Zoning Board to consider the
following:
A. The church and school have been in operation for approximately 25
years. This Request for Modification is in preparation for a P.D.P.
to accommodate the expansion of the campus to meet the growing
needs of the parishioners, clergy, students, faculty and staff. It
becomes practically difficult to precisely balance the mix of primary
and secondary uses when such uses are combined in a campus
setting.
B. With a nine acre site, the slight increase of secondary uses from
the maximum allowable of 25% to 35% may not be perceptible by
the general public.
C. The site is long and narrow. It is 1,141 feet in length and yet only
353 feet in width. This narrow shape creates challenges for
accommodating an exact 25%-to-75% mix of secondary to primary
uses in a practical manner.
5. Review of the Modification Criteria — Section 2.8.2(H):
The citation for the applicable review criteria for a Modification is as follows:
(H)Step 8 (Standards): Applicable, and the Planning and Zoning Board
may grant a modification of standards only if it finds that the granting of
the modification would not be detrimental to the public good, and that:
(3) by reason of exceptional physical conditions or other
extraordinary and exceptional situations, unique to such
property, including, but not limited to, physical conditions such
Front Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 3
• Coordinating access, sidewalk and drainage improvements
with Bank One and Miramont Self -storage.
2. Stand-alone Modification:
There is no P.D.P. associated with this Request for Modification as of yet. A
stand-alone modification is permitted. If granted, such a modification would be
valid for a period of one year during which a P.D.P. may incorporate the
modification.
3. Review of the Standard — Section 4.21(D)(2):
The citation is as follows:
(2) Secondary Uses. All secondary uses shall be integrated both in function and
appearance into a larger employment -based development plan that
emphasizes primary uses. A secondary use shall be subject to administrative
review or Planning and Zoning Board review as required for such use in
Section 4.21(B). The following permitted uses shall be considered secondary
uses in this zone district and together shall occupy no more than twenty-five
(25) percent of the total gross area of the development plan.
The 25% restriction originated in the Harmony Corridor Plan of 1991 and the
Amended Harmony Corridor Plan of 1995. This cap was carried forward into the
Land Use Code adopted in March of 1997.
The site is not located within any sub -area of the Harmony Corridor Plan. This
means that the site is not in the Basic Industrial and Non -retail Employment
Activity Center, nor part of Mixed -Use Activity Center.
Places of worship or assembly, and their accessory uses, are secondary uses in
the H-C zone. Private schools, and their accessory uses, however, are primary
uses. The future P.D.P. will include an expansion of both to create a church and
school campus. The private school is known as Front Range Academy for
grades kindergarten through 12th. At this time, there are approximately 60
students and 20 faculty and staff associated with the academy.
Regarding the expansion of the secondary use (church), there will be a new
sanctuary and parking lot (307 spaces). Regarding the expansion of the primary
Front Range Baptist Church Request for Modification of Standard, #2-05
February 17, 2005 P & Z Meeting
Page 2
COMMENTS
1. Background:
The surrounding zoning and land uses are as follows:
N: M-M-N; Existing Multi -Family (The Pier Apartments)
N: M-M-N; Existing Single Family Home
S: H-C; Existing Office Building (Remax First Associates)
E: H-C; Existing Bank (Bank One)
W: County FA; Existing Residential (Fairway Estates).
The southerly 3.80 acres were annexed as part of the Oak -Cottonwood Farm in
1980 and zoned R-P, Planned Residential (with the P.U.D. condition). The
northerly 5.31 acres were annexed as part of the Front Range Baptist Church
Annexation in 1990 and zoned R-L-P, Low Density Planned Residential.
In 1991, the entire 9.1 acre parcel was platted as one lot subdivision. In 1997,
the parcel was zoned H-C, Harmony Corridor, in accordance with City Plan.
Front Range Baptist Church was constructed over three phases beginning
approximately 25 years ago. The first two phases were constructed while in
unincorporated Larimer County. The third phase, the north classroom wing, was
constructed while in the City.
Beginning in 1987, and in conjunction with the Oak -Cottonwood Farm Master
Plan, Front Range Baptist Church has participated in land use planning in the
general area to the south and east. For example, FRBC participated in the
following activities:
• Resolving neighborhood compatibility issues associated with
the 50-acre Harmony Market regional shopping center,
particularly Pace Warehouse (now Sam's Club);
• Determining access points to the extension of Boardwalk
Drive south of Harmony Road;
• Responding and commenting on various amendments to
Oak -Cottonwood Farm, including the platting of the
commercial lots west of Harmony Road; and
PROJECT: Front Range Baptist Church Request for Modification of
Standard, #2-05
APPLICANT: The Architectural Consortium
C/o Mr. Donnell Paul
1720 Kirkwood Drive, Suite 0-15
Fort Collins CO 80525
OWNER: Front Range Baptist Church
625 East Harmony Road
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request for a Modification of Standard for a future P.D.P. that would
expand the existing Front Range Baptist Church and Front Range Academy.
The standard at issue is Section 4.21(D)(2) which requires that no more than
25% of the total gross area of the development plan be devoted to secondary
uses. The applicant is requesting 35% (3.35 acres) of the 9.10 acre parcel be
allowed to develop as secondary uses versus the 25% (2.275 acres) cap on
secondary uses. The site is located on the south side of East Harmony Road,
between Fairway Estates on the west and the Bank One on the southwest corner
of Harmony Road and Boardwalk Drive.
RECOMMENDATION: Approval with the condition that the secondary uses be
limited to places of worship or assembly and child care the allowable accessory
uses typically associated with supporting such secondary uses.
EXECUTIVE SUMMARY:
This is a stand-alone modification request. The applicant seeks a modification
that would result in 35% of the parcel being allowed to develop as a secondary
use. In this particular case, the applicant has indicated that the future P.D.P. will
include an expansion of the existing place of worship, private school and the
allowable accessory uses.
That said, if your client would feel more comfortable in clearly pointing out on the plans which
improvements are public and which are not, that could certainly be done. I would recommend that
the church's engineers work with Dan DeLaughter of the City's Engineering Department, on how best
to accomplish that, if that is the church's desire. The relabeling and redrawing of plans might result
in another round of review so that all of the City departments are able to comment on which
improvements are to be considered public and which are not. Public improvements would include
not only new ones, but existing ones as well, but if the church would feel more comfortable in
carefully delineating which improvements on the plans are public and which are not, that is fine with
me. Most likely Dan would need a new full plan submittal showing these new labelings which
naturally would need to match the requirements of the Land Use Code and the Larimer County
Urban Area Street Standards documents. We would try to route them around to the various City
departments for comment as soon as possible in order to expedite the review process.
Finally, you asked the City to acknowledge the Front Range Baptist Church's right to use the existing
35 foot access. On May 31, 2006, you faxed me a letter to which was attached a court order in some
type of condemnation action involving the highway department and various property owners along
Harmony Road. I have asked Dan to check the legal descriptions on that order to see how it applies
to the church's property, but that information has not yet been received by me. From that order, it
seems as though the State Highway Department felt a need to condemn out certain "accesses" along
the road, though I am not sure why the condemnation was necessary if the highway department
owned the road. I would suspect that the highway department would have had the ability to regulate
access to its road as long as all access was not denied, but the theory of the case was not explained
in the order that you provided. In any event, we will have to ascertain whether that order does or
does not apply to the church property before I can acknowledge anything on the City's behalf with
regard to a 35 foot access, as you mentioned. Even if the order does fail to condemn out the access
that the church presently enjoys, the Larimer County Urban Area Street Standards provides, in
Section 9.1.1(D) "for a street controlled by an Adopted Access Control Plan, the proposed access
shall conform to with the applicable Access Control Plan." Correspondingly, the City's Land Use
Code, in Section 3.6.1(C) requires compliance with all access control plans. As I stated before, it
would seem to me that the police power of the governmental agency owning the road should have
enough strength to regulate access to the road in the interest of public health and safety, as long as
all access was not denied.
Sin ly,
W. Paul ckman
Deputy City Attorney
WPE:pec
Enclosure(s)
cc: Dan DeLaughter, Civil Engineer
Ted Shepard, Chief Planner
City Attc =y
City of Fort Collins
June 14, 2006
Douglas D. Konkel, Esq.
1405 S. College Avenue, Suite 1
Fort Collins, CO 80524
Re: Front Range Baptist Church
Dear Doug:
In response to your May 30, 2006, and June 13, 2006, letters, 1 first must apologize for the delay.
I have been out of the office on vacation, and have also been waiting for responses from City staff
so that I could put this letter together. Today I obtained the final response that I needed from the
staff and want to go through your issues as you set them out in your June 13, 2006, letter.
First, the calculations of the percentage of total gross area occupied by the school and church, before
and after the modification are enclosed. These are Ted Shedpard's calculations, as contained in his
staff report for the "modification of standards" and page five shows the calculation. Your client gave
us these numbers and, by letter, has agreed with the methodology that was used to derive them. If
anyone now has decided to take issue with these calculations, please let me know.
As to the question of public improvements, first, we need to remember that the development
agreement does not only pertain to public improvements, but also pertains to private ones. Section
3.3.2(B) of the Land Use Code requires there to be a development agreement which provides for the
installation of all improvements in the subdivision and not all of the improvements are public ones.
However, most of the improvements which are of great concern to the City are public but the
development agreement deals with far more than simply the public improvements.
On the topic of public improvements, please see Article 5 of the Land Use Code (it can be found on
the internet at www.fc_gov.com) where you will see the definitions that are used in the Land Use
Code. Look, for example, at the definition of "improvement", "street", and "public facilities" and
you will discover that some of the improvements pertaining to the Front Range Baptist Church
should qualify as public improvements. If an improvement is within a street right-of-way or a public
access easement or if it is a public facility (or a part of a public facility) then logic would dictate that
it is a public improvement. Whatever public improvements there are in connection with this church,
however minimal they might be, must be warranted as provided in Exhibit C of the development
agreement. Exhibit C is merely a restatement of the warranty requirements contained in the Land
Use Code.
300 LaPorte Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327