Loading...
HomeMy WebLinkAboutREGENCY LAKEVIEW - PDP & APU - PDP120013 - CORRESPONDENCE - PETITIONApril 18, 2012 Petition for Addition of Permitted Use In conjunction with its application for approval of a preliminary development plan (“PDP”), Regency Lakeview, LLC (“Regency”) petitions the Planning and Zoning Board pursuant to Land Use Code Section 1.3.4(B) to add a use (multi-family dwellings) to the permitted uses in the Low Density Residential District (R-L) specifically for the proposed site of the PDP and not for consideration of a text amendment to the Land Use Code to permanently add the use to the R-L zone district. History The Church property was zoned R-P and was subject to the Land Development Guidance System (“LDGS”) until 1997, when the City adopted City Plan along with a new regulatory process for development that replaced the LDGS, and did a comprehensive rezoning of the entire City. In the process, the zoning of the Church’s property was changed to R-L, Low Density Residential District, the stated purpose of which is “predominantly single-family residential areas located throughout the city which existed at the time of adoption of this Land Use Code.” The R-L zone district permits only a very limited number of uses, the development of which are now subject to the more prescriptive regulations of the Land Use Code, as opposed to the flexibility of the LDGS which allowed an almost unlimited number of uses to be proposed on the site. The LDGS provided that the proposed land use could achieve the required number of points from a list of approximately 40 criteria to assure that the land use was appropriate at a specific location. The Church property is surrounded by single family residential homes built in the 1970’s to early 1980’s, which were appropriately zoned R-L in 1997, however, the limitations of this zoning was not appropriate for the largely, undeveloped 25-acre Church property. Most properties located at the intersection of arterial streets were zoned Neighborhood Commercial (NC), Medium Density Mixed-Use Neighborhood (MMN) or a combination of the two. An objective of City Plan was for every square mile to have a neighborhood commercial center surrounded by medium and high density residential housing that then would transition to Low Density Mixed Use Neighborhood (LMN), dominated by single family residential. It is unclear why the Church property was zoned R-L. Although the Church leadership likely received standard notification of the proposed rezoning in 1997, it was not in a position to understand that the zoning change, in combination with the specificity and predictability of the new Land Use Code, had drastically limited their potential future uses and associated property value. Additionally, the Church, its leadership, and congregation have evolved its mission since the adoption of City Plan. The Church no longer intends to develop the entire 25 acres and grow into a “mega” church facility. Instead, they have transitioned their ministry focus to a community based, neighborhood church. The Church opens its facility to a variety of neighborhood and community uses, including the 9-Health Faire, Larimer Chorale, and election polling to name a few. Now, the current mission and vision does not involve the expansion of its facilities into the eastern portion of its property. For several decades, the Church has been mowing, watering (underground sprinkler system), and maintaining an 11-acre blue grass field east of their building. The Church would like to direct its time and energy spent maintaining the field into more productive ministry efforts that directly benefit members and families living and working in Fort Collins. Furthermore the now smaller congregation is faced with increasing maintenance costs for their now 30-year-old facility. Since first offering the parcel for sale, the Church has explored a number of possible uses and potential development partners. In 2009 the Church requested that the Planning and Zoning Board recommend rezoning the property to LMN – Low Density Mixed-Use Neighborhood. While members of the Planning and Zoning Board expressed support for more intense uses, including multi-family housing, at this arterial intersection, they were reluctant to allow all the uses that are permitted in the LMN District and would have preferred to evaluate an actual development plan that proposed specific uses in order to evaluate compatibility. Situated at the intersection of two arterial streets, the site is ideally suited for multi-family residential development because it is within easy walking or biking distance of transit, a grocery store, personal service shops, restaurants, medical facilities and employment opportunities. In addition, the site is large enough to include several recreational amenities within the proposed development. APU Process Regency is requesting that multi-family dwellings be allowed in the R-L zone district, but only for this specific site. Regency is not requesting that the addition of multi-family dwellings as a permitted use be considered for a text amendment to the Land Use Code that would add this to list of permitted uses for all R-L zoned property. Neither is Regency requesting a rezoning of the property to a zone district that includes multi-family dwellings which would also allow the other permitted uses in that zone, many of which may not be considered appropriate in the context of this largely, already developed area or compatible with the existing uses. Therefore the Applicant has chosen to utilize the Addition of a Permitted Use (APU) process. When the Addition of a Permitted Use (APU) process was added to the Land Use Code in 1998, its intended purpose was to reintroduce a level of flexibility into the new City Plan/Land Use Code system that did not consider emerging new uses or changing market conditions. The APU process was utilized very few times, however, and was later amended in 2008 to allow the Planning and Zoning Board to add a compatible use on a “parcel specific basis” subject to certain compatibility criteria. Staff’s recommendation on the proposed amendment stated that different degrees of intensity within use categories may warrant additional uses to be allowed in the mix, with limits on intensity tailored to the site and, further, staff specifically stated that new uses that add a level of intensity near residential neighborhoods should be limited to transition areas or along arterial and collector streets. The APU process allows an applicant to propose an additional use, however, they must provide a development plan with the request, so that the decision-maker can clearly see how the land use fits within an existing context and how it complies with the compatibility requirements. The APU process requires the applicant to show that the additional use complies with the criteria of Sections 1.3.4(A) and (B). Compliance with Requirements of Section 1.3.4 1.3.4 Addition of Permitted Uses (A) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in subsection (B) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; A review of the City’s Structure Plan shows that land located at the intersection of arterial streets was zoned Neighborhood Commercial (NC) adjacent to Medium Density Mixed-Use Neighborhood (MMN) and then transitions to Low Density Mixed-Use Neighborhood (LMN). If the Church had requested NC or MMN zoning at the time, it is likely that the designation would have been approved, since there was clearly a pattern being established that put properties located arterial intersections into NC and/or MMN. While it is unfortunate that the Church property’s zoning designation was not considered more seriously back in 1997, it still makes good planning sense for a multi-family project to be developed on this site. City Plan encourages higher density housing to be located where residents can walk or ride bikes to activity centers. The Land Use Code (LUC) with its General Development Standards anticipates that multi-family residential will be located adjacent to single family residential and has a number of development standards that insure that the two land uses can co-exist without detriment to either. These development standards address access, setbacks, architectural design, landscape design, connectivity, traffic, privacy, noise, lighting, shading, etc. City Plan encourages a mix of housing types and densities. At this location the multi- family project can be well buffered from the single family homes and would have less direct impact than an adjacent single-family project might. The multi-family project will provide wider buffers, more privacy, better protection from unwanted noise, higher quality architecture, better landscaping and better views than an adjacent single family development would provide. In addition, this project proposes to maintain a neighborhood pocket park that can be used by the neighborhood even though it will be maintained by the project. (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; The Project design team has worked with the property owner, Christ Center Community Church, City staff and the neighborhood (through the neighborhood meeting process) to design a project that complies with the applicable R-L standards. The Project has a mix of two story, two story rising to three story, and three story buildings. The buildings are designed with articulated facades to achieve a scale compatible with the surrounding single family houses. The varied roof elevations provide greater differentiation among the buildings and add to visual interest. The Project’s buildings step down in height from the Church as the tallest buildings are closest to the Church while the two story buildings are closest to the single family residences located on Dorado Court and in Sherwood Lake. The Project placed the one story clubhouse building and a two story rising to three story building facing E. Drake Road. All but one of the buildings is oriented east-west. The project shares two property lines with single family residential neighborhoods. The majority of the single family residences are along the east property line so the east-west orientation of the buildings allows more open views between the buildings for the residents of Dorado Court and Sherwood Lake. The closest multi-family building to the adjoining Sherwood Lake neighborhood is 70 feet from the property line. This building (No. 2) has a three story section which is 130 feet from the property line. The detached parking structures are 25 feet from the closest property line. The garages are oriented with the doors facing into the project. The purpose of this feature is to provide a cleaner façade as viewed from the neighbors. The placement of the buildings was carefully considered to maximize the privacy for residential neighbors. The two story buildings are between the three story buildings and the single family houses. The two story buildings block views from the third floor into the neighboring back yards. At the north end of the community, the buildings are oriented toward E. Drake Road. At the center of the community, the buildings are oriented toward each other and the interior site amenities, open green with gazebo and bocci court. At the south end of the site, the buildings are oriented with views to the neighborhood pocket park. Where possible, the project team has increased property line setback distances which range from 25 to 204 feet. In keeping with the neighborhood architectural themes, the Project will be using a mix of stone masonry, lap siding of various sizes, varied siding materials and similar wood trim details. The Project will be using windows that are typical to residential construction and are not highly reflective or that will create excessive glare. Further, the windows will have detailing with frames, sills, and lintels to create definition. The Project includes a variety of exterior colors to create visual interest and all colors used are compatible with the surrounding neighborhood. By incorporating construction details and materials from the surrounding neighborhoods, the Project will have a similar visual character. The Project complies with the transition standards between the multi-family and single family residential through the use of:  two (2) story building heights  increased setback distances (exceeds R-L District required setback dimensions)  comparable building materials  façade articulation  orientation of buildings to be more compatible with existing residences  Proposed buildings are at or under the three story building height allowed within an R-L Zone District (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added;  The proposed multi-family project would not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than would a typical single family development allowed in the R-L District.  The Traffic Impact Study (TIS) shows that the addition of 175 multi-family units to the current traffic volume and to the future projected traffic volume does not cause a substandard performance or non-compliant performance at the Lemay and Drake signalized intersection or at the stop sign controlled residential streets.  The proposed project will not create any adverse environmental impacts. In fact, the Project will provide a few positive ones. First, the Project will improve the environmental condition of the site by reducing the amount of blue grass and consequently the amount of water needed for irrigation. The Project will raise the development site to current City landscape and irrigation standards. Secondly, the Project will improve the quality of the storm water released downstream by adding multiple runoff treatment mechanisms to the onsite detention pond and by disconnecting the nuisance flows through the off-site City of Fort Collins storm water detention facility. The construction of multi- family buildings would utilize supporting infrastructure and other resources more efficiently than a single family development on the site would.  The project does not create adverse impacts on public or quasi-public facilities, utilities or services; however, it does provide several beneficial impacts. The Project will direct storm water discharges around, no longer through, the existing City storm water detention facility. This will decrease the amount of required maintenance of the City’s facility. The Project will utilize existing infrastructure (water, sanitary, storm) that is adjacent to public right-of-ways instead of requiring new City improvements. The Project will increase the available onsite storm water detention capacity and will raise the capacity and performance of the onsite storm water detention to current City standards. The system will now provide significant water quality treatment to a large portion of the Church property where it previously did not exist.  The project does not create adverse effects on public health, safety, morals and aesthetics, but does provide several beneficial effects. The Project increases opportunities to use alternative modes of transport (due to infill site location). The result is that residents will be encouraged to walk or ride bikes to nearby services and employment.  The Project reduces vehicle distances travelled by reducing distance between residences and employment, medical and education facilities, and retail, thereby reducing emissions and improving air quality.  The Project improves public health by decreasing the amount of large items typically sent to the public dump facility (the Project eliminates the effort and trucking required with large item donation due to its adjacency to the Church, a willing receiver of such goods).  The Project positively affects public morals by allowing the Church to spend more time and energy focusing on serving its membership and community needs (opposed to landscape maintenance needs). (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; Lower density multi-family residential is compatible with the other permitted uses in the R-L zone. The multi-family dwellings are compatible with single-family uses:  both are residential  both possess a similar visual character  both provide setbacks and the multi-family housing provides opportunities for more berming and enhanced landscaping/planting  both use comparable building materials  both uses have buildings that can be oriented to provide privacy for neighbors  both uses are also compatible with other permitted uses in the R-L zone, including neighborhood parks, places of worship and daycare centers (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; The multi-family residential use requested is not a medical marijuana dispensary or cultivation facility. (B) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (C) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. The addition of multi-family dwellings on this specific site would not be detrimental to the public good. The Project as designed provides a number of positive impacts, as stated above and in other documents included in the PDP Application – environmental, housing need, utilization of existing infrastructure, increased opportunities for multi-modal transportation, and improvement to public and quasi-public facilities. Any potential negative impacts to the adjacent neighborhoods have been mitigated by setbacks, landscaping, berming and careful attention to the height and orientation of buildings and the location of recreation areas within the Project. The Project does comply with the compatibility and transition standards contained in Section 3.5.1 of the Land Use Code and as stated above and in the Planning Objectives letter included in the PDP Application. The request for addition of multi-family dwellings to the R-L zone district is specific to the site of the proposed Project. The Applicant does not desire that the addition of this use be considered for a text amendment to the R-L zone. Such use is not specifically listed as a “Prohibited Use” in the R-L zone district. Multi- family residential is not listed as a prohibited use in the R-L zone district. See Section 4.4(C) of the Land Use Code. (C) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (A) above, such use shall be promptly considered for an amendment to the text of this Land Use Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Land Use Code at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (A) above. The addition of such use is specific to the proposed site. The Applicant reiterates that the request for multi-family dwellings to be added as a permitted use to the R-L zone district is specifically for the proposed site and subject of the PDP submittal. Regency does not request consideration for a text amendment to the Land Use Code to permanently add the use to the R-L zone district. (D) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Land Use Code, to ensure consistency with City Plan and its adopted components and associated sub-area plans, to prevent or minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses. Regency understands that the Planning and Zoning Board has the authority to impose conditions on the development to ensure consistency with the City’s adopted plans and regulations. While we believe the land use is ideally suited to the location and has been designed to be compatible with the existing neighborhood, we remain open to hearing ideas that City staff or the Planning and Zoning Board may have that would make the Project better. Conclusion Based on the specifics of the Project and its location, we believe the requested APU meets all of the required LUC standards. At the same time, approval of the Addition of a Permitted Use would allow the Church to re-gain at least some of its original property value associated with its arterial intersection location and would also enable the Church to maintain their Church and the rest of the property in good condition while also pursuing their stated mission of helping families and continuing to serve the community in a variety of ways. Regency Lakeview, LLC, Christ Center Community Church and the design team would like to thank the City of Fort Collins Planning and Zoning Board for hearing and deliberating on this request.