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Heart of the Rockies, p.2
Code. As a result of our application, the building does not comply with the new code.
Since we are using the building on a very limited, short-term basis (3 hours a week, on
Sundays until we complete our first building at Trilby and Lemay), we request a
modification pursuant to Section 2.7.3 Standards, which reads as follows:
Modification requests may be granted if the Planning and Zoning Board
determines and finds that the granting of the modification would neither
be detrimental to the public good nor impair the intent and purposes of
the Chapter, and if the applicant demonstrates either:
(A) that the plan as submitted will advance or protect the public
interests and purposes of the standard for which the modification is
requested equally well or better than would a plan which complies with
the standard for which a modification is requested; or
(B) that the granting of a modification from the strict application of any
standard 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 specifically and expressly defined and described in the
city's Comprehensive Plan, adopted policy, ordinance or resolution (such
as, by way of example only, affordable housing or historic preservation) or
would substantially alleviate an existing, defined and described problem
of city-wide concern (such as, by way of example only, traffic congestion
or urban blight), and the strict application of such a standard would render
the project practically unfeasible.
Although only (A) or (B) above need be demonstrated, we address both allowances as
follows. (A) Our plan, simply to use the building for three hours on a Sunday morning
on a short-term basis (until we complete our building), does not put a stress or strain on
the public interest and purposes of the standards regarding parking, transportation,
engineering, etc. In our opinion, it serves well the public interest to allow the church to
worship at that site on such a limited basis without requiring changes to the building
approved under the old code. (B) It is our hope that the P&Z Board and Staff will see
that the granting of this "modification from the strict application of any standard" would
address the Land Use Code's intent to encourage the use of buildings as public
meeting places. Again, we would urge the board and staff to acknowledge that this is a
worthy modification considering the church's limited and short-term use of the building.
Thank you for your consideration.
Gr c peace,
J right
11
•
November 27, 1997
DEC 1 C Rn
Planning and Zoning Board
% Gwen Bell, Chair
City of Fort Collins
P.O. Box 580 Re: City's Review Letter, 10/27/97
Fort Collins, Colorado 80522-0580 (change in use of GK Gymnastics)
Dear Members of the Planning and Zoning Board:
Our congregation will be developing our property at Trilby and Lemay during 1998. It is
our ambitious plan to be in our own building by Christmas, 1998. In the meantime, we
have entered into a short-term agreement with GK Gymnastics to use their new building
for worship on a very limited basis.
In order to use the building, Heart of the Rockies has applied for a "change in use" that
requires our coming before the Planning and Zoning Board. At that meeting, Heart of
the Rockies will request that the P&Z Board approve modifications for this project as
listed below. It is our hope that the P&Z Board and Staff find another way to allow the
church to use the building on our present, very limited, short-term basis — only three
hours a week on Sunday mornings until we complete our first building.
It is our understanding that there are two pending city actions related to GK
Gymnastics. The first, concerning the TCO/CO for the new building built under the old
code as a "use by right," is between the city and GK Gymnastics. We are addressing
the second, our request under the new Land Use Code to be able to use the building
on a limited basis, which required our filing the application for a "change of use."
The request for a "change in use" reasonably allows city departments to impose
several expectations that will bring the building "up to code" under the new Land Use
Code. However these expectations — such as a 10' landscape buffer along Mason, an
additional bicycle parking rack, and additional landscaping — represent a great
expense. Considering our short-term use of the building, these costs far exceed what
the church can reasonably afford to spend. We cannot expect the owners of GK
Gymnastics to make these changes to accommodate us on such a short-term basis.
Therefore Heart of the Rockies Christian Church requests the following modifications of
the Land Use Code.
Section 3.5.3 Mixed Use and Commercial Buildings Standards
The building was approved as "use by right" before the adoption of the Land Use
Jeff Wright, Pastor -The Congregation, Ministers -P.O. Box 270144 -Fort Collins, CO 80527-0144 .970/223-1230- www.worldwidemart.com/hrcc
VICINITY MAP 09/29/97
#25-97 Fossil Creek Commercial Plaza
Heart of the Rockies Christian Church
Type I (LUC) PDP/FC
1"=300'
0
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 8
Bicycle facilities must be located near the building entrance, with a
minimum number of four (4) bicycle parking spaces. The design for
the bicycle parking shall allow the bicycle frame and both wheels to
be securely locked to the parking structure; the structure shall be of
permanent construction such as heavy gauge tubular steel with angle
bars permanently attached to the pavement foundation; and it shall
be at least two (2) feet in width and five and one-half (5 '/2) feet in
length, with additional back -out or maneuvering space of at least five
(5) feet.
Ll
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 7
4. Findings of Fact/Conclusion
A. The Heart of the Rockies Christian Church development proposal is a permitted use
in the C-Commercial zone district, subject to administrative review, however, the
request for modifications requires review by the Planning and Zoning Board.
B. The Heart of the Rockies Christian Church project development plan requires a
modification to Section 3.5.3 Mixed Use and Commercial Building Standards. The
request for modification to Section 3.5.3 Mixed Use and Commercial Building
Standards has been demonstrated as being not detrimental to the public good and
the plan with the request for modification meets or exceeds the purposes of the
standard equally well or better than a proposal without a modification, and the strict
application of the standard of the Land Use Code will render the project practically
infeasible.
C. The Heart of the Rockies Christian Church project development plan does not
comply with Section 3.2.1(E)(5) Parking Lot Interior Landscaping and Section
3.2.2(C)(4) Bicycle Facilities and the request for the modification of these standards
does not meet the criteria outlined in Section 2.7.3 of the Land Use Code.
D. The Heart of the Rockies Christian Church project development plan complies with
all applicable standards from Article 4-District Standards of the Land Use Code and
is compatible with the surrounding land uses.
E. The additional of places of worship and assembly to the permitted uses for the
existing GK Gymnastics site complies with the intent and purposes of City Plan.
RECOMMENDATION:
Staff recommends approval of the modification request to Section 3.5.3 of the Land Use
Code. Staff recommends approval of the Fossil Creek Commercial Plaza, Heart of the
Rockies Christian Church, Project Development Plan, #25-97 with the following conditions:
That all improvements as necessitated by Section 3.2.1(E)(5) Parking Lot Interior
Landscaping and Section 3.2.2(C)(4) Bicycle Facilities of the Land Use Code be
completed by the applicant, including the following:
- Two (2) landscaped islands be installed as shown on the plan (but not
actually built) in order to comply with the requirement (6%) of the
interior space of all parking lots with less than one hundred (100)
parking spaces be landscaped space.
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 6
Sections 3.2.1(E)(5) Parking Lot Interior Landscaping requires the installation of additional
landscaping to the GK Gymnastics site to comply with the Land Use Code. The purpose
of this section is to provide landscaped islands and other amenities within parking lots to
provide shade and cover and provide for pedestrian refuge areas. To comply with the
requirements of this section of the Land Use Code, the Heart of the Rockies Christian
Church would be required to complete the following landscape improvements:
For parking lots of less than 100 parking spaces, six percent (6%) of the
interior space must be landscaped, and the project development plan does
not comply with this requirement. The GK Gymnastics site was approved
with two additional landscaped islands that have not been constructed. The
installation these two islands (with two trees in each) will bring the project
into compliance with Section 3.2.1(E)(5).
Section 3.2.2(C)(4) Bicycle Facilities specifies the number of bicycle parking spaces as well
as the location and design of these spaces for project development plans. The
Transportation Planning Department determined that the existing provision of bicycle
spaces does not comply with the requirements of the Land Use Code, and, therefore, the
Heart of the Rockies Christian Church Project Development Plan is required to comply with
the standard and provide additional bicycle parking spaces.
Therefore, it is staffs determination that the request for modification to Section 3.2.1(E)(5)
and Section 3.2.2(C)(4) does not meet the requirements of the Land Use Code (i.e., it does
not comply with criteria defined in Section 2.7.3 Standards). Economic factors are not
considered to be a basis for approval of a modification, and the applicant has not
demonstrated that the plan, as submitted, complies with the intent and purposes of the
standards equally well or better than designed according to the requirements of the Land
Use Code. Thus, if the Planning and Zoning Board were to agree with staffs determination
that the request for modification of these two standards does not comply with at least one
of the criteria outlined in Section 2.7.3, the applicant would be required to complete the
above -mentioned improvements.
3. Article 4--District Standards
The proposed use (places of worship or assembly) and the existing use (limited indoor
recreation establishments) are both permitted uses (Type 1 review) in the C-Commercial
zone district. The project development plan complies with the development standards
located in Article 4, Section 4.17, Commercial zone district.
LJ
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 5
hours on a Sunday morning on a short-term basis (until we complete our
building), does not put a stress or strain on the public interest and purposes
of the standards regarding parking, transportation, engineering, etc. In our
opinion, it serves well the public interest to allow the church to worship at
that site on such a limited basis without requiring changes to the building
approved under the old code. (B) It is our hope that the P&Z Board and Staff
will see that the granting of this "modification from the strict application of any
standard" would address the Land Use Code's intent to encourage the use
of buildings as public meeting places.
Section 3.5.3 Mixed Use and Commercial Building Standards is intended to promote the
design of an urban environment that is built to human scale to encourage attractive street
fronts and other connecting walkways that accommodate pedestrians as the first priority,
while also accommodating vehicular movement. The existing GK Gymnastics site does
not comply with the build -to line standard as the parking lot is located between the building
and Mason Street. The purpose of the build -to line standard is to develop a streetfront lined
with structures and attractive pedestrian spaces rather than parking lots. However, without
removing the existing building and parking lot and redesigning the entire site, the
application of this standard of the Land Use Code is not practical.
City Plan encourages buildings that provide a mix of uses. In Community Vision and Goals
2015 it states that,
Existing development will be encouraged to provide opportunities for a mix of land
uses and activities including commercial, industrial, office, housing and retail, as
well as places for entertainment, culture and learning.
The request for modification to Section 3.5.3 of the Land Use Code is based upon the
assertion that the application of the Land Use Code sections for which modifications are
requested would render the project practically infeasible. In addition, the Heart of the
Rockies Christian Church uses the GK Gymnastics building only on Sunday mornings at
a time where there is little, if any, use of the building for indoor recreational purposes.
Therefore, the request for Major Amendment meets the intent of Community Vision and
Goals 2015 to provide opportunities for a mix of land uses and activities. In addition, City
Plan is the foundation of the Land Use Code, and, thus, the request for modification
further meets the intent of the standards of the Land Use Code. The Heart of the Rockies
Christian Church Project Development Plan as submitted advances or protects the public
interests and purposes of the standards for which the modification is requested equally well
or better than would a plan which complies with the standard for which modification is
requested.
•
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 4
(A) that the plan as submitted will advance or protect the public interests and
purposes of the standard for which the modification is requested equally well
or better than would a plan which complies with the standard for which a
modification is requested; or
(B) that the granting of a modification from the strict application of any standard
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
specifically and expressly defined and described in the city's Comprehensive
plan, adopted policy, ordinance or resolution (such as, by was of example
only, affordable housing or historic preservation) or would substantially
alleviate an existing, defined and described problem of city-wide concern
(such as, by way of example only, traffic congestion or urban blight), and the
strict application of such a standard would render the project practically
infeasible.
The applicant's request for the modifications to the above -referenced Land Use Code
sections is attached. The request states,
The request for a "change in use" reasonably allows city departments to impose
several expectations that will bring the building `up to code' under the new Land Use
Code. However these expectations --such as a 10' landscape buffer along Mason,
an additional bicycle parking rack, and additional landscaping --represent a great
expense. Considering our short-term use of the building, these costs far exceed
what the church can reasonably afford to spend. We cannot expect the owners of
GK Gymnastics to make these changes to accommodate us on such a short-term
basis.
Therefore Heart of the Rockies Christian Church requests the following
modifications of the Land Use Code.
Section 3.5.3 Mixed Use and Commercial Building Standards
The building was approved as a "use by right" before the adoption of the
Land Use Code. As a result of our application, the building does not comply
with the new code. Since we are using the building on a very limited, short-
term basis (3 hours a week, on Sundays until we complete our first building
at Trilby and Lemay), we request a modification pursuant to Section 2.7.3
Standards...
Although only (A) or (B) above need be demonstrated, we address both
allowances as follows. (A) Our plan, simply to use the building for three
•
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 3
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: C-Commercial; existing Fossil Creek Commercial Plaza
S: C-Commercial; existing retail/commercial uses
W: RL-Low Density Residential; single family residences (Larkborough)
E: C-Commercial; existing retail/commercial uses (former location of "Best" and
existing Country Buffet)
This property was annexed into the City as part of the Horsetooth-Harmony Annexation in
July, 1978.
2. Article 3-General Development Standards
GK Gymnastics was approved as a use -by -right prior to the adoption of the Land Use
Code, and, therefore, is not required to meet all the standards of the Code unless an
application for an amendment is submitted. The application to add an additional use
(places of worship) to the approved uses for the GK Gymnastics was determined to require
a Major Amendment, and, thus, the entire site is required to comply with all the
requirements of the Land Use Code.
The Heart of the Rockies Christian Church Project Development Plan development
proposal does not comply with all applicable standards in Article 3--General Development
Standards, of the Land Use Code, and is requesting modifications to the following sections
of the Land Use Code:
► Section 3.2.1(E)(5) Parking Lot Interior Landscaping;
► Section 3.2.2(C)(4) Bicycle Facilities; and
► Section 3.5.3 Mixed Use and Commercial Building Standards
The Planning and Zoning Board may grant modifications to standards located in the Land
Use Code based upon the criteria outlined in Section 2.7.3 Standards. Section 2.7.3
states that,
Modification requests may be granted if the Planning and Zoning Board determines
and finds that the granting of the modification would neither be detrimental to the
public good nor impair the intent and purposes of this Chapter, and if the applicant
demonstrates either
Fossil Creek Commercial Plaza, Heart of the Rockies Christian Church, Project
Development Plan, #25-97
January 15, 1998 P & Z Meeting
Page 2
...a setting for development, redevelopment and infill of a wide range of community
and regional retail uses, offices and personal and business services. Secondarily,
it can accommodate a wide range of other uses including creative forms of housing.
While some Commercial District areas may continue to meet the need for auto -
related and other auto -oriented uses, it is the city's intent that the Commercial
District emphasize safe and convenient personal mobility in many forms, with
planning and design that accommodates pedestrians.
ITEM NO. 6
MEETING DATE
6a STAFF Leanne Harter
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Fossil Creek Commercial Plaza, Heart of the Rockies Christian
Church, Project Development Plan, #25-97
APPLICANT: Mr. Jeff Wright
Heart of the Rockies Christian Church
4225 Cape Cod Circle
Fort Collins, Colorado 80525
OWNER: Gene and Lorraine Koehnke
GK Gymnastics
4211 South Mason Street
Fort Collins, Colorado 80525
PROJECT DESCRIPTION:
This is a request for a Project Development Plan to add places of worship and assembly
to the approved uses for the GK Gymnastics site at 4211 South Mason Street. The site
is currently owned and operated by GK Gymnastics, and the request is to allow the Heart
of the Rockies Christian Church to use the facilities on a limited basis (Sunday mornings
for three hours). The existing site is approximately 1.06 acres and the square footage of
the building is 18,642 square feet. The proposed development is located midway between
Troutman Parkway and Boardwalk Drive on Mason Street.
RECOMMENDATION: Approval of modification. Approval with conditions.
EXECUTIVE SUMMARY:
This request for a Project Development Plan complies with the applicable requirements of
the Land Use Code, excluding Section 3.2.1(E)(5) Parking Lot Interior Landscaping,
Section 3.2.2(C)(4) Bicycle Facilities, and Section 3.5.3 Mixed Use and Commercial
Building Standards for which the applicant is requesting modifications.
Places of worship or assembly are permitted uses (Type 1 review) in the C-Commercial
zone district, however, the request for modifications requires review by the Planning and
Zoning Board.
This proposal complies with the purpose of the C-Commercial zone district which is
intended to be,
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N_ College Ave. PO_ Box 580 Fort Collins, CO 80522-0580 (970) 221-67511
PLANNING DEPARTMENT