HomeMy WebLinkAboutMORNINGSTAR ASSISTED LIVING & MEMORY CARE - PDP - PDP130024 - DECISION - MINUTES/NOTESPlanning & Zoning Board
November 14, 2014
Page 12
Member Hart moved the Planning and Zoning Board approve the Modification of Standard for
Section 4.5(E) (2) (b) regarding height and mass as proposed with this PDP in that it would not be
detrimental to the public good and the modification meets the applicable requirements of Section
2.8.2(H) 1 because the plan reduces the visual impact of the large footprint by providing multiple
recesses and projections from the building and the building is one story. It only differs from the
standard in a nominal and inconsequential and is based on the findings of fact and conclusion in
the staff report. Member Hatfield seconded the motion.
Member Kirkpatrick said with a standard of 20,000 square feet, 42,000 seems like a lot but the reason
we have a modification process is because we recognize that we have a really prescriptive Land Use
Code and that it isn't the best for all scenarios. Given the unique needs of a long term care facility and
their unique needs from a licensing/State Health Department standpoint; she thinks it makes a lot of
sense. She thinks the applicant has gone above and beyond to meet our code and to reconcile that in
the upgrades they've done in aesthetics, massing, and scale to enhance the experience for the
residents.
Member Carpenter complimented staff on a job well done. She thinks it was a difficult project and the
way they approached it by basically taking care of the objections of the neighborhood. It is exemplary.
Member Heinz complimented the applicant for the way they worked with the neighborhood. She looks
forward to seeing the project.
Member Hart said the neighbors by joining in the process made a significant difference in what this
project looks like. He thinks the developer's gone a long way towards trying to accommodate the needs
of the neighborhood.
The motion passed 7:0.
Member Hatfield made a motion the Planning and Zoning Board approve the Morningstar
Assisted Living & Memory Care Project Development Plan, PDP130024 based on the findings,
facts and conclusion as stated in the staff report. Member Kirkpatrick seconded the motion.
The motion passed 7:0.
Deputy City Attorney Paul Eckman returned to Chambers.
Project: Waterfield Overall Development Plan, #ODP130002
Project Description: This is a request for an Overall Development for a parcel of land located generally
at the northwest corner of East Vine Drive and North Timberline Road. The parcel
is 116.89 acres. There are two zone districts on the parcel: L-M-N — 103.57 acres
and M-M-N — 13.32 acres. Proposed land uses include residential, neighborhood
center, public neighborhood park, public elementary school and open space. The
project does not include the existing Bull Run Apartments and the former Plummer
School. There is a Request for Modification of Standard to address the mix of
housing types.
Recommendation: Approval of the ODP and the Modification of Standard
Planning & Zoning Board
November 14, 2014
Page 11
significant portion of the building is one-story which further reduces the overall mass. Holland described
how they responded from a code perspective.
Member Schneider asked if a 42,000 square foot structure uncommon in the LMN zone. Holland said his
experience is you typically see a 10,000 square feet building footprint per acre. This project is in line with
that. It's about a five acre site and you've got a little more than 40,000 square feet on site.
Member Carpenter asked for a graphic that would show what the arbor over the trash container will look
like. Will you be able to look down into it? Will its view be blocked? Holland said the condominiums are
100+ feet back from the enclosure. He's not sure how much you'll see from a third story vantage point.
Rossman said sheet 2 of the 3 in the board packet has a detail of the trash enclosure elevation. There is
an 8 foot high masonry and stone enclosure. The lower portion of the arbor is 10 feet about the finished
concrete slab at that area. There are two 2'x8' cedars on center and those are positioned to run in a
north/south direction so that when you view them from the west you are not looking at the side of the
enclosure. Holland displayed the graphic.
Member Hart asked how often trash would be picked up. Turner said on average two times a week
between 8 am and 5 pm week days and a shorter window on Saturdays.
Member Hart asked why the parcel might not have been previously developed. Holland said it was hard
to speculate why the property has sat vacant for so long. There is no reason why this or any other LMN
use hasn't been proposed. Rossman said they have had soils investigation reports done on the project.
Rossman said why it has not previously been developed is an economic reason by the current land
owners. From Morningstar's perspective there is nothing adverse that would prevent them from going
forward with the project.
Member Kirkpatrick asked staff to outline the allowable uses for the LMN zone. Holland reviewed
allowable uses and said basically its low density housing combined with complimentary and supporting
land uses that serve a neighborhood and are developed in harmony with residential characteristics.
Member Carpenter said another comment was made about landscaping on the rear elevation. Holland
showed the landscape plans and described the elements.
Holland said the project complies with the city's lighting standards. There will be zero light spill -off at the
edge of the property to the west. All fixtures are full cut-off and fully shielded so you will not see the light
source. Holland said the parking area is setback pretty far. They also 'beefed up' the landscaping along
the drive aisle so as people drive around the lights will be shining towards the landscaping shrub bed.
No parking stalls will face directly west. The existing sidewalk will be placed in a public access easement.
Holland said he just received a note from a neighbor asking that they speak to their concern for odor
containment. Holland said there is a good separation from the property line to the trash enclosure itself,
the trash enclosures are typically covered, and trash will be bagged.
Board Discussion
Member Hart said he spent a lot of time looking at the input of the neighbors. Their concerns were about
building location — they moved it. He said if it had been developed the area into townhomes, you'd have
a lot more ground coverage (streets, etc.). They've done a pretty good job with drainage — they will not
substantially impact the drainage. He said with regard to the location of the trash, they've got it covered
and they will be meeting the Department of Health standards. He thinks, from his perspective, that most
of the concerns by the neighbors have been pretty well addressed.
Planning & Zoning Board
November 14, 2014
Page 10
said once Morningstar completes the re -grading and terracing the site, they will clean the drain pan
surface and take it back to a fairly clean state as a part of getting their certification of the detention
ponds.
Holland said because of all the concerns expressed stormwater staff have checked the site closely to
make sure the ponds are functioning properly and that they meet stormwater criteria. With regard to
mosquitoes, Holland spoke with Jessica Church of Colorado Mosquito Control (CIVIC is the city
contractor for the mosquito monitoring program). Church said CIVIC monitors the ditch once a month and
to date have not seen any mosquito larvae. They will incorporate the detention ponds into their
monitoring system once they're built. If there is any evidence of mosquito larvae, they'll treat with
larvaecide.
Holland said the trash enclosure has been a concern. With the outcome of the 2ntl neighborhood
meeting, they added an arbor over the top of the trash enclosure. There are still concerns by the
neighbors of the noise of the trash operations. Holland said there is some separation there. The nearest
point to the Collindale homes is 60 feet from the property line and then there's another 20-25 feet to the
trash enclosure.
Holland said the majority of the water is coming from outflow from Lake Warren. That is intentional.
Stormwater staff explained when you build a dam, you have to have some hydrostatic pressure release
so the water flows year round.
Board Questions
Chair Smith asked who is responsible for maintenance of the concrete pan. Holland said it's a private
drainage easement 50 feet wide. Twenty-five feet is on the Collindale property and 25 feet is on the
Morningstar property. It will be maintained by those entities.
Member Kirkpatrick said the materials provided the board gives her some degree of confidence that the
Morningstar project will not be contributing. Neighbors however are frustrated by existing conditions.
What would be their recourse? Holland said city stormwater staff could meet with the Collindale HOA to
talk more about the area. Its possible stormwater staff can give them a better understanding of their
options and recommendations on how they could potentially improve their portion of the ditch.
Member Kirkpatrick asked with a culvert was not selected as an option. The applicant's project engineer
Bob Almirall said they did evaluate the possibility of putting it into a pipe. There are a couple of issues. If
there was a 100 storm event, 150 cfs (cubic feet per section) of water can be handled by the ditch. It
would take some very large (40-48") pipes to carry that water. Once a pipe goes underground it would
pop out of the ground until well north of the property at the existing ditch and a lot of off -site construction
would be required. It would be a significant capital project.
Member Hart said he had the impression that the two detention ponds were actually going to reduce the
flow. Almirall said the rate of flow would be less than what is currently generated. He said the water will
eventually get there (they're not holding it permanently based on Colorado law). It'll be a slow percolation
rate into the ditch. It will be significantly lower than the current conditions.
Member Carpenter asked about the 43,000 square foot print versus the 20,000 square foot print. She
asked what would be required to make it not have to have a modification. Holland said they could have
two 20,000 square foot print buildings and separate them by 10-20 feet. Holland said they've basically
broken it up into three separate masses. Holland said the building footprint is recessed so that three
distinct masses are formed that work to obscure the view of the overall building footprint from many
vantage points. The rotated angle of the northern portion of the building further helps. Holland said a
Planning & Zoning Board
November 14, 2014
Page 9
Applicant Response
Turner said he'll respond to a couple of the comments and then he'll refer to their engineer and to staff as
it relates to drainage. Turner said they are aware that there are multiple rush hour times during the day.
He was simply citing the highest traffic volumes that would result due to the project would be in the late
afternoon and early evening. Turner said with regard to the 20,000 max square foot limit is per footprint
and not a maximum for the site. That is the one modification they are requesting. He said he's submitted
two letters —one from the daughter of the original landowner. She stated this use fits perfectly the
original owner's concept for the community. Turner said with regard to taking the sign down and being
misled by the process, they didn't remove any signs.
Bob Almirall, Civil Engineer with Interwest Consulting Group, said the site generally drains from east to
west in a concrete drain pan. There are two proposed extended detention ponds for the project. They
both provide water quality capture volume in addition to water quantity controls. The main pond is in the
northwest corner and treats % of the site runoff. There is also a smaller pond in the southwest corner for
areas in the south portion of the site. Once the water enters the ditch and flows north, there was no
other way to treat or control the runoff. The site also needs to comply with recently adopted LID
standards with permeable pavers, rain gardens, and a grass swale along East Horsetooth. The
combination will help treat and slow the water runoff as well. He said City Code requires for this
particular site that they detain the water and release it at the 2 year historic rate. That is irrespective of
what is currently happening in the ditch. There are flows from Warren Lake (south of the site) and there
is a nuisance flow that does flow through there that is not being contributed from the Morningstar project
itself.
Rossman said the water that is in the ditch is primarily seepage from Warren Lake's dam. The overflow
on that side comes through the culvert underneath East Horsetooth and continues in that ditch. There
was a comment made by one of the individuals that we're grading and doing 'worst' things on their
property. Rossman said they cannot go past their property line so the grade that exists at the ditch today
is what the grades will be when they're finished with their construction.
Rossman said with regard to what the landscaping would be, it is included in the board's packet. He said
they still need to go the final approval process which will substantiate and reaffirm what the plans shows
today.
Staff Response
Chair Smith asked traffic staff to speak to the city's view of current conditions and how this project
impacts it. Are there any future city plans for improvements? Traffic Operations Ward Stanford said the
gentlemen who described the situation between the two Lemays certainly has a very valid point. It's a
difficult stretch of Horsetooth. The traffic east of that location is running about 21,000 per day and the
traffic that runs the western leg of Horsetooth is running about 26,000 per day and the in between is
running 31,000 per day due to the transition to Lemay. He said the traffic this project is going to place on
the roadway is negligible -- 15-25 vehicles a day during the peak hours/ 200 vehicles during a 24 hour
period. That's about 9 vehicles per hour. He said those kinds of numbers being adding to 20,000 to
30,000 vehicles a day are 'invisible'. The neighbors will continue to have trouble making left turns but
they won't feel the increase. Stanford said the only real solutions are expensive signals which will
degrade the system (making worse congestion/the ability to move around town).
City Planner Holland said the shift changes associated with this project are off-peak. They have a shift
change at 7:45 a.m., 12:45 p.m., and 10:45 p.m.
Holland said with regard to the water questions, they will re -grade the eastern portion of the ditch. The
western side of the ditch (Collindale) is a little bit more even because it's been consistently maintained
over the past 20 years. There was a question about the slime that's in the 4 foot side drain pan. Holland
Planning & Zoning Board
November 14, 2014
Page 8
Staff Presentation
Jason Holland said he had nothing to add at this point but that he was available for questions
Public Input
Joseph Campesino, 3413 Rolling Green Drive, said he'd like to speak to the traffic problem. He said
there are really three rush hours a day (morning, noon, and evening). If one tries to exit Rolling Green
Drive onto Horsetooth heading east, it's impossible. If you're traveling east on Horsetooth and try to
make a left onto Rolling Green Drive, it's literally impossible. The reason is the volume of traffic and the
two traffic lights that split the Lemay lights. The flow of additional traffic might be fine if we weren't within
2,000 feet of the split Lemays. It'll only compound the situation.
Abbye Silverstein, 3413 Rolling Green Dr, said she lives at the Collindale Condominiums-- the property
to the north of the proposed project. She reiterated the challenges of getting onto Horsetooth from
Rolling Green. She said for 30 years this piece of land has not been developed. To date there've been
single family, patio homes and condominiums. She'd like to know why others have not built. Is it difficult
because it's a flood zone? She'd prefer patio homes. She thinks they'd blend better into the
neighborhood.
Warren Snyder, 1630 Collindale Drive, said his concerns are where the detention pond will be located
and traffic. He has concerns about drainage (there's water there even though there hadn't been any rain
since September). He also had concerns about traffic and the 42,000 square foot footprint when only
20,000 is allowed for that zone. He'd prefer an alternate facility.
Julie Charlson, 3500 Rolling Green Drive, said she's a resident of Collindale Condominiums and a board
member of Collindale HOA (Homeowners Association). Charlson said she believes the board's received
a summary sheet of Collindale's concerns. It's her wording but represents input from residents of
Collindale, and single family homes in the area. She thinks there's been a lag in time of keep people
informed. She'd like to address two areas: the land issues and the building need. People think
Morningstar will contribute to problems in the area. She spoke of grade issues —higher on the east and
constructed two retaining walls and a fence. From the condo's perspective, you're looking at the walls
and fence even though they've tried to make it attractive. She's concerned the third story units will look
down on the service road and the trash container. She said the parking lots are on the side where kids
walk to school and families go to the pool.
Charlson said it's been rezoned for commercial. She doesn't think we need any more private pay
facilities. She said engineering does not acknowledge their existing drainage issues. There is long term
standing water, mosquitoes, and slime. She thinks there should be a complete maintenance plan
between Morningstar and Faith (Property Management). She thinks we have over built apartments in
east Fort Collins. If people are holding back (in their input), they're probably thinking it's the lesser of two
evils. Will this project come by default? People are hoping it'll remain residential with patio homes which
she thinks fit better in that area.
Valorie Laabs, 3500 Rolling Green, said she resides in the Collindale Condominiums. She said she's
written two letters. In that letter she said she had no concerns about the project per se but they were
concerned about the drainage issues. She appreciates their stated values and how lovely the front
looks. She'd like to see back -side elevations and get some assurance that the landscaping will be okay
and that the water issues will be addressed. If she had a magic wand, she'd like to see patio homes. If
they can't have patio homes, she's glad to see this group is doing it. They seem to be sincere and
wanting to take care of the neighborhood.
Planning & Zoning Board
November 14, 2014
Page 7
The motion passed 6:0.
Member Carpenter returned to Chambers.
Deputy City Attorney Paul Eckman recused himself.
Project: Morningstar Assisted Living & Memory Care Project Development Plan,
PDP130024
Project Description: This is a request for approval of a Project Development Plan (PDP) for the
Morningstar Assisted Living and Memory Care facility on a 5 acre undeveloped
parcel at the northwest corner of East Horsetooth Road and Lochwood Drive. The
project proposes 23 memory care living spaces and 55 assisted living spaces, for
a total of 78 living spaces. The site is in the Low Density Mixed -Use
Neighborhood District (L.M.N.). There is a Request for Modification of Standard
modification -- an increase in the 20,000 square foot maximum allowance for each
building footprint in the L.M.N. zone.
Recommendation: Approval of Project Development Plan and Modification of Standard
Hearing Testimony, Written Comments and Other Evidence
Applicant Presentation
Matt Turner said Morningstar was founded in Colorado in 2003 with the following foundational principals:
honor God in our business practices and relationships, value all seniors as gifted and contributing
individuals, and invest generously in our employee's ability to serve. He said the project goals are:
1. Provide a high -quality option for aging residents to stay in Fort Collins when their care needs
increase
2. Enhance and compliment the neighborhood
3. Create low -impact economic engine:
• 60+ new jobs, $1.6mm+ annual payroll
• Millions in new fees and taxes to City
• Facilitate gentrification of older homes
• Low traffic, minimal use of city resources/infrastructure
He said in direct response to neighborhood feedback, they spent six months redesigning a Fort Collins
site specific project that considered:
1. Drainage and flooding issues
2. Traffic
3. Building proximity to homes
4. Building Height
5. Noise and trash
Don Rossman of Rossman and Associates (Architects) said this irregular shaped infill site provides a
place for residents who have lived in the community to remain. Rossman described the site location, the
proposed project, and the challenges with regard to grade and addressing the concerns of the neighbors.
He provided an aerial view looking west of the project fully built out. He noted how the building had been
stepped down to a single story closest to affected neighbors to mitigate massing. He described
elevations and connectivity to the community. He said a lot of effort had been made to make this project
work not only for the neighbors but for the community.
Planning & Zoning Board
November 14, 2014
Page 2
Chair Smith asked if staff or any member of the audience or board wished to pull any items from the
Consent Agenda. A member of the audience requested Terra Vida II Apartments PDP to be moved to
discussion.
Member Hart made a motion to approve the consent agenda which consisted of the Minutes of
the October 10, 2013 Hearing, 3 Mile Plan Update, Mail Creek Annexation and Zoning, Foothills
Redevelopment ODP, and Provincetown File 3 One Year Extension of Vested Rights. Member
Hatfield seconded the motion. The motion passed 7:0.
Discussion Agenda:
3 Terra Vida II Apartments PDP, #PDP130028
7. Old Town Flats— Block 23 PDP, # PDP130022
8. Morningstar Assisted Living & Memory Care PDP, #PDP130024
9. Waterfield ODP, # ODP130002
Project: Terra Vida II Apartments Project Development Plan, # PDP130028
Project Description: This is a request for 276 apartments on 10.2 acres located between Lady Moon
Drive. Cinquefoil Lane, Precision Drive and the planned extension of Le Fever
Drive. There would be ten, three-story apartment buildings plus a 6,000 square
foot office/clubhouse, pool and picnic area along with nine mixed -use dwelling
units. The site is zoned H-C, Harmony Corridor.
Recommendation: Approval of the Modification of Standard and the PDP
Hearing Testimony, Written Comments and Other Evidence
Chief Planner Ted Shepard said the applicant is the same developer as the existing Terra Vida
Apartments located one block to the south. (This project was originally referred to as Presidio
Apartments during the plan review process but changed names at a later date for marketing purposes.)
He said multi -family and mixed -use dwelling units are permitted within the Basic Industrial Non -Retail
Employment Activity Center of the Harmony Corridor. The PDP complies with the applicable standards
of both the Harmony Corridor Plan and the H-C zone. Further, the PDP complies with the applicable
General Development Standards with two exceptions. Two Modifications of Standards have been
requested. The first, a Modification of Standard to Section 3.5.2(D)(1) is recommended to allow the
entrances on Buildings 5 and 9 to be located more than 200 feet from a public sidewalk and to allow
their entrances to not face the public street as a design consideration to improve internal circulation to
the clubhouse. The second, a Modification to Section 3.5.2(G) (1) (a) is recommended to allow the rear
elevation of three garages to have a length that exceeds 55 feet. Staff recommends approval.
Applicant Presentation
Paul Campbell of Campbell Architects said they met criteria in all respects for the project —they are not
asking for any waivers. He's available for questions.
Chair Andy Smith called the meeting to order at 5:00 p.m.
Roll Call: Carpenter, Hart, Hatfield, Heinz, Kirkpatrick, Smith and Schneider
Staff Present: Kadrich, Eckman, Vidergar, Wray, Shepard, Ex, Levingston, Gloss, Virata,
Holland, Stanford, Olson, Gingerich, and Sanchez -Sprague
Agenda Review
CDNS Director Kadrich reviewed the agenda.
Chair Smith provided background on the board's role and what the audience could expect as to the order
of business. He described the following processes:
• Citizen Participation is an opportunity for citizens to address the board on non -agenda related
items.
• Consent agenda items are considered items which have no known opposition. They are
approved collectively at the beginning of the meeting unless a board member, staff or audience
member requests an item is pulled and moved to the discussion agenda.
• Discussion agenda items will include an applicant presentation, a staff presentation, 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. He
encouraged speakers 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.
• He will begin each new item with a description of the development type being considered. The
board will do their best not to use acronyms or jargon.
Citizen participation:
None
Consent Agenda:
1. Minutes from the October 10, 2013 Hearing
2. 3 Mile Plan Update
4. Mail Creek Annexation & Zoning, #ANX130001
5. Foothills Redevelopment Overall Development Plan, # ODP130004
6. Provincetown Filing 3, 1 Year Extension of Vested Rights, #73-82X/Y