HomeMy WebLinkAboutELDERHAUS ADULT DAY PROGRAM - MAJOR AMENDMENT - MJA140004 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: February 23, 2015
PROJECT NAME: Elderhaus Adult Day Program Major Amendment
CASE NUMBER: MJA #140004
APPLICANT: James Brannan, AIA
Strategic Planning Consulting, Inc.
1209 Saint Croix Place
Fort Collins, CO 80525
OWNER: Elderhaus Adult Day Program, Inc.
605 South Shields Street
Fort Collins, CO 80521
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for consideration of a Major Amendment for
Elderhaus Adult Day Program, MJA140004. The project site is located at 6813 South College
Avenue, south of Trilby Road, in the Medium Density Mixed-Use Neighborhood (M-M-N) District.
This is a Major Amendment to the previously-approved Foothills Country Club Catering PUD
(1989). The site has not been previously platted, so the proposed major amendment includes an
initial plat of the subject property. A change of use to Adult Day/Respite Care Center is requested
for the existing buildings on-site; no building additions are proposed. The site has previously been
used as a restaurant, catering business, and convention/conference center.
BACKGROUND AND LAND USE HISTORY:
• The 1.96-acre property was annexed into the City of Fort Collins as a part of the Hermitage
Annexation in November 1981. The site was developed as part of the Foothills Country
Club Catering PUD, approved in July 1989. The original approval was for a
catering/banquet facility, with portions of the building to be rented to special event vendors
(e.g., florist, photographer, formal wear rental). In recent years, the site has been used as a
special event facility (Cottonwood Club) and a Fraternal Order of Police lodge.
• This Major Amendment to the original PUD proposes a change of use to Adult Day/Respite
Care Center for the existing buildings on-site. No building additions are proposed.
Additional landscaping is proposed to meet current standards.
• The surrounding zoning and land uses are as follows:
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Direction Zone District Existing Land Uses
North Low Density Mixed-Use
Neighborhood (L-M-N)
Single-Family Residential, In-Home
Business (landscaping)
South Medium Density Mixed-Use
Neighborhood (M-M-N)
Vacant Residential
East Medium Density Mixed-Use
Neighborhood (M-M-N)
Vacant Residential, South College Ave.
West Medium Density Mixed-Use
Neighborhood (M-M-N)
Single Family Residential
SUMMARY OF DECISION: Approved, with conditions.
ZONE DISTRICT: Medium Density Mixed-Use Neighborhood (M-M-N)
HEARING: The Hearing Officer opened the hearing on Monday, February 23, 2015, in Conference
Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, following the conclusion of the
public hearing on the Buckingham Place PDP/FP matter (FDP #150001).
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding: (1) Planning Department Staff Report for Elderhaus Adult Day
Program Major Amendment, MJA#140004; (2) Elderhaus Adult Day Care – Location Map (zoning
and vicinity map); (3) Statement of Planning Objectives submitted by the Applicant dated
September 2014; (4) Owner’s Site and Landscaping Plan (1 sheet); (5) Owner’s proposed plat
(Elderhaus Subdivision – First Filing); (6) Planning Narrative and Revisions and Planning
Objectives dated December 2014; (7) site plan and landscape plan dated July 5, 1989 (Foothills
Country Club Catering, Inc.), approved by the City Planning and Zoning Board on August 28, 1989
(2 sheets); (8) Special Warranty Deed dated May 17, 1996, and recorded on May 23, 1996, at
Reception No. 96036556, Larimer County, State of Colorado (2 pages); (9) Letter dated February
18, 2015 from Gast, Johnson & Muffly, P.C. (attorneys for Owner) and addressed to Jeannine Nieder
and Judith Nieder Stewart (the owners of the property located immediately to the east of the subject
property); (10) South College Access Control Plan (1 sheet); (11) Notice of Public Hearing Letter
dated February 9, 2015; (12) Affidavit of Publication of the Fort Collins Coloradoan dated February
13, 2015 evidencing publication of the Notice of Hearing on February 13, 2015; and (13) the
PowerPoint presentation prepared by City staff for the February 23, 2015 hearing. In addition, the
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City’s Comprehensive Plan, Code, and the formally promulgated polices of the City are all
considered part of the record considered by the Hearing Officer.
A copy of the Planning Department Staff Report prepared for the above-referenced Application is
attached to this decision as ATTACHMENT A and is incorporated herein by reference.
TESTIMONY: The following persons testified at the hearing:
From the City: Rebecca Everette, AICP, City Planner
Martina Wilkinson, City Traffic Engineer
From the Owner: James Brannan, AIA, Strategic Planning
Gordon Thayer, President, Elderhaus Board of Directors
JoAnne Vande Walle, Elderhaus Executive Director
From the Public: Jack Fetig, 7029 S. College Avenue
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code; and
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code, including specifically the following:
1. Section 3.2.2(K)(3)(b) – Parking Lots – Alternate Compliance. The
proposed alternative parking plan (total of 74 parking spaces, including four
handicapped spaces) will accomplish the purposes of Section 3.2.2 of the
Land Use Code equally well or better than would a plan which complies with
said Section. Parking exceeding the maximum number of parking spaces
calculated by strict adherence to the Table set forth in Section 3.2.2(K)(2)(a)
is warranted, given the proposed use of the subject property as an Adult
Day/Respite Care Center. Based on the evidence in the record, the Hearing
Officer finds that the seven criteria set forth at Section 3.2.2(K)(3)(b)(1) –
(7) have been satisfied; and
C. the Application complies with the applicable standards Medium Density Mixed Use
(M-M-N) District standards contained in Article 4, of the Land Use Code, including
Section 4.6(B)(2)(c)(5) which permits an adult day/respite care center as a permitted
use, subject to administrative review, and Section 4.6(D)(3) which states that the
maximum building height shall be three (3) stories. The Application proposes site
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and utility improvements, and interior remodeling, to an existing one (1) story
building, in compliance with this standard.
3. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land
Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as
ATTACHMENT A and is incorporated herein by reference.
4. The Application is approved, subject to the following conditions:
A. That the Owner shall secure or cause to be secured a full access / emergency access
easement (the “New Access Easement”) from Jeannine Nieder and Judith Nieder
Stewart, or their successor(s), which shall be recorded in the real property records of
Larimer County prior to the recordation of the Elderhaus Subdivision – First Filing
Plat (the “Plat”).
B. The New Access Easement shall run to the benefit of the City of Fort Collins and
shall be in a form acceptable to the City Attorney’s Office.
C. The recordation date and reception number of the New Access Easement shall be
clearly identified on the Plat and shall replace the following language existing on the
Plat: “non-exclusive easement for right of way for ingress and egress and for the
installation of utilities (reception #96036556)”.
The new language to be inserted on the Plat shall be substantially similar to the
following: Full access and emergency access granted to the City of Fort Collins by
separate instrument recorded on ________, 2015, at Reception No. __________ in
the real property records of Larimer County, Colorado.
D. The Plat shall contain language which obligates the Owner (and all future owner(s)
of Lot 1, Elderhaus Subdivision, First Filing) to be responsible for all costs
associated with the operation, maintenance and reconstruction of the private drive
located within the New Access Easement, in accordance with the general standards
set forth in Section 3.6.2(B) of the Land Use Code.
E. The Plat shall not be recorded unless or until the Colorado Department of
Transportation (CDOT) has issued a change of use permit for the intersection of the
private access drive with South College Avenue (U.S. Hwy 287), or has confirmed
in writing that a change of use permit will not be required for this location.
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DATED this 2nd
day of March, 2015.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report (attached)
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ITEM NO 2
MEETING DATE Feb. 23, 2015
STAFF Rebecca Everette
ADMINISTRATIVE HEARING OFFICER
STAFF REPORT
PROJECT: Elderhaus Adult Day Program Major Amendment,
MJA140004
APPLICANT: James Brannan, AIA
Strategic Planning Consulting, Inc
1209 Saint Croix Place
Fort Collins, CO 80525
OWNERS: Elderhaus Adult Day Program, Inc
605 South Shields Street
Fort Collins, CO 80521
PROJECT DESCRIPTION:
This is a request for consideration of a Major Amendment for Elderhaus Adult Day
Program, MJA140004. The project site is located at 6813 South College Avenue, south
of Trilby Road, in the Medium Density Mixed-Use Neighborhood (M-M-N) District. This
is a Major Amendment to the previously-approved Foothills Country Club Catering PUD
(1989). The site has not been previously platted, so this amendment includes an initial
plat. A change of use to Adult Day/Respite Care Center is requested for the existing
buildings on-site; no building additions are proposed. The site has previously been used
as a restaurant, catering business, and convention/conference center.
RECOMMENDATION: Staff recommends approval of Elderhaus Adult Day Program,
MJA140004.
EXECUTIVE SUMMARY:
Staff finds the proposed Elderhaus Adult Day Program Major Amendment complies with
the applicable requirements of the City of Fort Collins Land Use Code (LUC), more
specifically:
• The Major Amendment complies with process located in Division 2.2 – Common
Development Review Procedures for Development Applications of Article 2 –
Administration.
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
Staff Report – Elderhaus Adult Day Program Major Amendment, MJA140004
Administrative Hearing 02-23-2015
Page 2
• The Major Amendment complies with relevant standards of Article 3 – General
Development Standards.
• The Major Amendment complies with relevant standards located in Division 4.6
Medium Density Mixed-Use Neighborhood District (M-M-N) of Article 4 –
Districts.
COMMENTS:
1. Background
The 1.96-acre property was annexed into the City of Fort Collins as a part of the
Hermitage Annexation in November 1981. The site was developed as part of the
Foothills Country Club Catering PUD, approved in July 1989. The original approval was
for a catering/banquet facility, with portions of the building to be rented to special event
vendors (e.g., florist, photographer, formal wear rental). In recent years, the site has
been used as a special event facility (Cottonwood Club) and a Fraternal Order of Police
lodge.
This Major Amendment to the original PUD proposes a change of use to Adult
Day/Respite Care Center for the existing buildings on-site. No building additions are
proposed. Additional landscaping is proposed to meet current standards.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Low Density Mixed-Use Neighborhood
(L-M-N)
Single-Family Residential, In-Home Business
(landscaping)
South Medium Density Mixed-Use
Neighborhood (M-M-N) Vacant Residential
East Medium Density Mixed-Use
Neighborhood (M-M-N) Vacant Residential, South College Ave.
West Medium Density Mixed-Use
Neighborhood (M-M-N) Single Family Residential
A zoning and site vicinity map is presented on the following page.
Staff Report – Elderhaus Adult Day Program Major Amendment, MJA140004
Administrative Hearing 02-23-2015
Page 3
Map 1: Elderhaus Adult Day Program Zoning & Site Vicinity
Staff Report – Elderhaus Adult Day Program Major Amendment, MJA140004
Administrative Hearing 02-23-2015
Page 4
2. Compliance with Article 4 of the Land Use Code – Medium Density Mixed-
Use Neighborhood (M-M-N), Division 4.6:
The project complies with all applicable Article 4 standards as follows:
A. Section 4.6(B)(2) – Permitted Uses
The proposed use, adult day/respite care center, is a permitted use in the
Medium Density Mixed-Use Neighborhood District and consistent with the
purpose and intent of the district to moderate-intensity land uses that
complement and support nearby housing.
B. Section 4.6(D)(2) – Secondary Uses
The proposed use for the site is considered a secondary use. For projects
less than 10 acres in size, the development must contribute to the overall
mix of land uses within the surrounding area, but is not required to provide
a mix of land uses within the development. The proposed use is
complementary to adjacent residential uses and supports the overall mix
of uses in the area.
C. Section 4.6(D)(3) – Building Height
The M-M-N District limits buildings to three stories in height. The existing
building is one story high.
3. Compliance with Article 3 of the Land Use Code – General Development
Standards:
The project complies with all applicable General Development Standards as
follows:
A. Division 3.2.1 – Landscaping and Tree Protection
The proposed landscaping is consistent with requirements of the Land
Use Code in regards to the preservation and replacement of existing
trees, landscape screening of adjacent uses, parking lot perimeter
landscaping, and interior parking lot landscaping.
B. Section 3.2.2(C)(4) – Access, Circulation & Parking; Bicycle Facilities
Bicycle parking is required for most uses. While requirements for adult
day/respite care centers are not specified in the code, they can be
considered similar in nature to child care centers. This Major Amendement
Staff Report – Elderhaus Adult Day Program Major Amendment, MJA140004
Administrative Hearing 02-23-2015
Page 5
proposes the addition of six bicycle parking spaces (fixed racks), which
exceeds the standard for child care centers and other related uses.
C. Section 3.2.2(C)(5) – Walkways
No additional walkways are proposed through this Major Amendment.
Existing walkways serve the parking lot and entrances to the building.
Sidewalks do not currently existing on S. College Ave. or on the site
directly east of the property.
D. Section 3.2.2(D) - Access
Access to a public street is currently obtained via a non-exclusive
easement over the property directly to the east, connecting to S. College
Ave. The applicant is currently in negotiations with the adjacent property
owner to change the existing easement to a full access/emergency access
easement, and would finalize such an agreement prior to the recording of
the plat.
E. Section 3.2.2(K) –Parking Requirements
The Major Amendment proposes to generally maintain the existing
configuration of the parking lot, with the addition of handicap parking and
the loss of some parking spaces to accommodate the emergency access
easement. The parking requirements for child care centers, the most
comparable use to adult day/respite care centers, range from a minimum
of 8 parking spaces to a maximum of 32 spaces. However, Section
3.2.2(K)(3) – Alternative Compliance offers the opportunity for an
alternative parking ratio, if warranted. This Major Amendment proposes a
total of 74 parking spaces (including 4 handicap spaces). Justification for
this alternative ratio is offered by the applicant in Attachment 5.
F. Section 3.2.5 – Trash and Recycling Enclosures
A new trash and recycling enclosure is proposed through this Major
Amendment, which would bring the site into compliance with current
standards for waste management.
G. Section 3.3.1(B) – Lots
As described above, access to a public street is currently obtained via a
non-exclusive easement over the property directly to the east, connecting
to S. College Ave (Attachment 7). The applicant is currently in
Staff Report – Elderhaus Adult Day Program Major Amendment, MJA140004
Administrative Hearing 02-23-2015
Page 6
negotiations with the adjacent property owner to change the existing
easement to a full access/emergency access easement, and would
finalize such an agreement prior to the recording of the plat. A draft letter
of intent (unsigned) is included in Attachment 8. In addition, an
access/emergency access easement is identified on the western side of
the property, which would eventually allow for an “access circulator” road
as outlined in the South College Access Control Plan, providing additional
access to the site from the north/south (See Attachment 9).
H. Section 3.5.1 - Building & Project Compatibility
The proposed use would occupy existing buildings on-site; no new
buildings or additions are proposed. The operations of the proposed use
are not likely to conflict with adjacent neighborhoods and uses, as the
adult day care would primarily operate during daytime hours. It is unlikely
that the proposed use would be of substantially greater intensity than
previous uses of the site.
I. Section 3.6.1(E) – Compliance with Access Control Plans
As described above, an access/emergency access easement is identified
on the western side of the property, which would eventually allow for an
“access circulator” road as outlined in the South College Access Control
Plan (See Attachment 9).
J. Section 3.6.6 – Emergency Access
An emergency access easement is proposed through existing parking lot
drive aisles. The emergency access easement ensures emergency
vehicles can gain proper access and maneuvering to reach all portions of
the existing buildings. The emergency access easement connects to the
northern and southern property lines, allowing for emergency access in
the event a future access circulator is connected to the site. A portion of
the emergency access easement is needed on the adjacent parcel to the
east, connecting to S. College Ave. The applicant has supplied a draft
letter of intent and understanding from the adjacent property owners. The
letter has not yet been signed by all parties, but once signed would
indicate they are agreeable to providing this portion of the emergency
access easement across their property (Attachment 8).
Staff Report – Elderhaus Adult Day Program Major Amendment, MJA140004
Administrative Hearing 02-23-2015
Page 7
4. Findings of Fact/Conclusion:
In evaluating the request for the Elderhaus Adult Day Program Major Amendment,
Staff makes the following findings of fact:
A. The Major Amendment complies with the applicable procedural and
administrative requirements of Article 2 of the Land Use Code.
B. The Major Amendment complies with relevant standards located in Article
3 – General Development Standards.
C. The Major Amendment complies with relevant standards located in
Division 4.6 Medium Density Mixed-Use Neighborhood District (M-M-N) of
Article 4 – Districts.
RECOMMENDATION:
Staff recommends approval of the Elderhaus Adult Day Program Major Amendment,
MA140004.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Applicant’s Statement of Planning Objectives
3. Elderhaus Adult Day Program Combined Site & Landscape Plan
4. Elderhaus Adult Day Program Plat
5. Planning Narrative – Alternative Compliance with Parking Standards
6. Foothills Country Club Catering PUD Site Plan (1989)
7. Non-Exclusive Easement for Adjacent Property
8. Emergency Access Easement Letter of Intent (unsigned)
9. South College Access Control Plan