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HomeMy WebLinkAboutHEART OF THE ROCKIES CHURCH - PDP/FDP - 25-97 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSiJrr.�• enia •.. •e _ .'ron t�`.iwo leLne`�r""iO1�'• cunn 01 —_._--_ 6u R_., yi TfiN Nei RTn_RJ S4iLR0^b u �LT�Ia;JW LStIVLIIS\./�V �LS I n � s *+onoT om y miu +iwsgs nowwuarvex aen ss.aw wwrue �w ss.+een J aew.xn we+.a I �_ { mera.nmc+a ,aw anewuco j �� reeoon+oweo » l STIIeaT— Z'TL P—A� 1 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