CITY PLANNING COMMISSION AGENDA ITEM NO: 8 STAFF: ANDREW FIRESTINE FILE NO: CPC PUD QUASI-JUDICIAL

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1 Page 97 CITY PLANNING COMMISSION AGENDA ITEM NO: 8 STAFF: ANDREW FIRESTINE FILE NO: CPC PUD QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: CORNERSTONE BAPTIST CHURCH BILL BROWN AIA P.C. CORNERSTONE BAPTIST CHURCH PROJECT DESCRIPTION: The applicant is proposing a PUD development plan to implement the Cornerstone Baptist Church PUD Plan, approved by City Planning Commission on August 4, 2005 and by the City of Colorado Springs on December 9, The ordinance approving the PUD zone district is attached as Figure 1. The PUD development plan proposes a 12,746 square foot gymnasium and classroom building on a 6.46-acre lot platted as Lot 1 of the Cornerstone Baptist Church Subdivision. The property is located east of Flintridge Drive and south of Vickers Drive (Figure 2). STAFF'S RECOMMENDATION: ITEM NO: 8 CPC PUD PUD DEVELOPMENT PLAN Approve the Cornerstone Baptist Church PUD Development Plan (Figure 3), based upon the findings that the PUD development plan meets the review criteria for a PUD development plan as set forth in Section of the City Code and meets the review criteria for a Hillside Development Plan as set forth in Section D.3 of the City Code. This recommendation for approval is subject to compliance with the changes to the Cornerstone Baptist Church PUD Development Plan as set forth in the Technical and Information Modifications to the PUD Development Plan portion (pages ) of the CPC agenda. BACKGROUND PROJECT INFORMATION: Existing Zoning/Land Use: PUD/HS/NP/CR/Existing church Surrounding Zoning/Land Use: North PUD/HS/Single-family residential South R1-6000/Sunset Mesa Park East PUD/HS/NP/CR/Unplatted church property West PUD/HS/Ridge Condominiums Annexation: 1971, Pring Ranch Addition #1 Subdivision: April 1977, Cornerstone Baptist Church Subdivision PUD Plan: Cornerstone Baptist Church PUD Plan Zoning Enforcement Action: None Physical Characteristics: The site is adjacent to the Sunset Mesa Park. The elevation increases from approximately 6,790 feet at the west property line to 6,820 feet approximately 500 feet to the east. A large plateau exists in this area at an approximate elevation of 6,810 feet. East of the plateau, the elevation drops approximately 36 feet to the north and east to Vickers Drive.

2 Page 98 DEPARTMENTAL REPORTS: City Planning received the development application on June 23, The initial department review comments are included in the City Planning review letter dated July 28, 2005 (Figure 4). Planning staff has met with the applicant and/or other departments regarding their concerns. Additional letters were sent to the applicant on September 28, 2005 and November 18, 2005 which outline the revised review comments on the Cornerstone Baptist Church PUD Development Plan (Figure 5). The PUD development plan was resubmitted on December 12, 2005 to be considered for the City Planning Commission agenda. Although a review letter was not drafted prior to the City Planning Commission staff report deadline, agency review comments based on the third review of the PUD development plan are included in the staff report as Figure 6 and are incorporated into the Technical and Informational Modifications to the PUD Development Plan. As the Traffic Engineering review comments were still outstanding as of December 20, 2005, the Technical and Informational Modifications to the PUD Development Plan may not account for all of the Traffic Engineering comments on the PUD development plan resubmitted on December 12, A revised set of comments will be provided at the City Planning Commission hearing on if there are additional Traffic Engineering comments. PETITIONER'S JUSTIFICATION: See Figure 7 for the applicant s justification. STAKEHOLDER PROCESS: The Cornerstone Baptist Church originally submitted a PUD plan application on January 25, 2005 and the development plan application on June 23, Although the applications were reviewed separately, the public participation was inextricably linked. Some of the comments obtained from the neighborhood through the review of the PUD plan were more applicable to the review of the PUD development plan and as such are included with the comments received during the review of the PUD development plan (Figure 8). Comments obtained from the neighborhood were considered in the internal review of the PUD development plan. Property owners were notified through the mail (two mailings) and the property has been posted on two occasions. The first notification was mailed on August 11, 2005 at the internal review stage and a neighborhood meeting was held on August 23, ANALYSIS OF MAJOR ISSUES: Notes were added to the PUD plan to require that several major issues be addressed through the review of a PUD development plan. These issues included drainage and erosion induced damage to the Sunset Mesa Park and public improvements to Vickers Drive. A note on the PUD plan states: The Cornerstone Baptist Church shall submit an updated drainage report with the PUD development plan. The drainage report shall address the off-site drainage problems and the Cornerstone Baptist Church will be required to reach agreement with the Parks, Recreation, and Cultural Services Department and City Engineering on acceptable grade control structures. The drainage improvements shall be installed in conjunction with the expansion of the church. An updated drainage report was submitted with the development plan, which was approved by City Engineering on September 19, 2005 (Figure 9). The drainage report and the grading plan propose to grade the site so that all of the drainage in the parking lot will be routed to Vickers Drive, which will reduce the existing runoff into the Sunset Mesa Park and the Ridge Condominiums. Also, whereas a stormwater quality pond was initially proposed adjacent to the Ridge Condominiums, it is located along Vickers Drive east of the existing driveway on the PUD development plan. The approved drainage report illustrated erosion control drop structures in the Sunset Mesa Park. Pursuant to a meeting with the Parks, Recreation, and Cultural Services Department, City Engineering, and the church s engineer on December 6, 2005, the drop structures will be replaced by a headwall on

3 Page 99 the church property and a 12 diameter high density polyethylene (HDPE) pipe through the Sunset Mesa Park, which is illustrated on the most recent grading plan. The HDPE pipe will direct drainage to the existing concrete lined channel to the south. The church will be required to obtain a revocable permit to install the 12 diameter HDPE pipe within the Sunset Mesa Park. The revocable permit will allow the church to install the pipe and it will grant a 20 wide easement to the church for the long-term maintenance of the infrastructure. The Parks, Recreation, and Cultural Services Department has requested six conditions be added to the PUD development plan. The conditions are essentially: 1) to obligate the church to obtain a revocable permit and to install the HDPE pipe; 2) to protect the Sunset Mesa Park during the installation of the HDPE pipe; 3) to adopt appropriate remediation for all disturbed areas within the Sunset Mesa Park; and 4) to obligate the church to any long-term maintenance of the HDPE pipe. The conditions are included in the requested Technical and Informational Modifications to the PUD Development Plan. A copy of the revocable permit as drafted by the Parks, Recreation, and Cultural Services Department is attached as Figure 10. The PUD plan notes that the existing median on Vickers Drive will be reconfigured to accommodate the westbound full left-turn lane and adequate storage at the existing full movement entry drive and is to be shown on the PUD development plan. Traffic Engineering noted in the initial review letter dated July 28, 2005 that the left-turn lane at the full movement access off of Vickers Drive is to be installed with the first phase of development. Traffic Engineering also noted that as a safety concern, it is recommended that the right-turn lane also be installed with the first phase of development. In the revised PUD development plan, the applicant has illustrated a reconfigured median and has added the right-turn lane. Notes were added to the PUD development plan committing to the improvements with this development and obligating the church to submitting a street improvement plan prior to the issuance of building permits. The notes require minor modifications, which are outlined in the requested Technical and Informational Modifications to the PUD Development Plan. No sidewalks were shown on the PUD plan, but a note was added requiring a 5 detached sidewalk along Vickers Drive and pedestrian access from the public street into the site. The development plan illustrates a 5 detached sidewalk and pedestrian access to the proposed development from Vickers Drive. A public improvement easement will be required where the public sidewalk is located on church property, as is noted in the Technical and Informational Modifications to the PUD Development Plan. Another issue that was identified through the review of the PUD development plan is the private driveway to access the parsonage on the east side of the Cornerstone Baptist Church property. When the parsonage development plan was reviewed in 1986, it proposed an access road to Vickers Drive parallel to the east property boundary. The City objected to the access road because the width and the grades did not meet City standards (Figure 11). The access road was approved, but with the understanding that it was temporary and would be addressed again when the property to the west was developed. In 1989 an amendment to the development plan was reviewed and the access road was relocated to its current location through Lot 1 of the Cornerstone Baptist Church Subdivision and the unplatted parcel. It was also approved with the understanding that the access was temporary (Figure 12). Through the review of the Cornerstone Baptist Church PUD Development Plan, the City requested that the driveway through Lot 1 of the Cornerstone Baptist Church Subdivision meet City standards. The church has agreed to this request and is proposing a driveway with an HS-20 load rating at a minimum width of 12 and a maximum grade of 10 percent. The termination of the driveway into the proposed parking lot is addressed in the Technical and Informational Modifications to the PUD Development Plan. As an access easement was recorded for the driveway in its existing location (Figure 13), a new access easement will need to be recorded illustrating the proposed location of the driveway. The height of the proposed development is 54 6 to the top of the steeple from the finished grade. The applicant was referred to Section F on calculating building height in a hillside overlay. Per the City Code, hillside building height is calculated as the distance from the building grade to the corresponding highest point of the roof, including ornamental features. The major corners of the proposed structure are used to establish the control points with the building grade and from which the measurements are to be taken. A revision to the plans is needed to illustrate the hillside building height.

4 Page 100 Regardless of the proposed hillside building height, it must be noted that although the PUD plan approved a 30' height restriction for this use, it applied Section C.1 (Height Exceptions: Places of Public Assembly) to this use. This allows churches, schools, and other places of public assembly to exceed the height limitations if the side and rear building setback requirements are increased by an additional foot more than that which is required for each foot that the height of such building exceeds the maximum height requirements. The intent was to allow the church to increase the height of the gymnasium and classroom building if it were sited away from the Sunset Mesa Park. In addition to these issues, it should also be noted that the third draft of the PUD development plan exhibits many minor errors and omissions that must be addressed prior to approval. It is staff s opinion that the major issues have been resolved and that the remaining requested revisions to the PUD development plan do not preclude staff from making a recommendation of approval. The Technical and Informational Modifications to the PUD Development Plan are ordered based on their occurrence in the November 18, 2005 review letter. PUD DEVELOPMENT PLAN REVIEW CRITERIA: A development plan for land within a PUD zone shall be approved if it substantially conforms to the approved PUD plan and the development plan review criteria listed below. The standards and other requirements set forth in a development agreement may be used to demonstrate compliance with development plan review criteria. An application for a development plan shall be submitted in accord with Section of the City Code. Unless otherwise specified by a development agreement, the project shall be vested by the development plan in accord with Section and C.2 of the City Code. A. Consistency with City Plans: Is the proposed development consistent with the Comprehensive Plan or any City approved master plan that applies to the site? The proposed development is consistent with the Cornerstone Baptist Church PUD Plan approved on December 9, B. Consistency with Zoning Code: Is the proposed development consistent with the intent and purposes of this Zoning Code? The proposed development is consistent with the intent and purposes of the City Code. C. Compatibility of the Site Design with the Surrounding Area: 1. Does the circulation plan minimize traffic impact on the adjacent neighborhood? The proposed development includes improvements to Vickers Drive, including a westbound left turn lane and an eastbound deceleration lane into the site. The improvements to Vickers Drive will minimize the impact of additional traffic on the adjacent neighborhood. 2. Do the design elements reduce the impact of the project's density/intensity? The classroom buildings are sited closer to Vickers Drive than the gymnasium, which reduces the intensity of the gymnasium. Landscaping proposed along Vickers Drive and the topography of the site should also minimize the intensity of the proposed development. 3. Is placement of buildings compatible with the surrounding area? The proposed development is situated away from the ridgeline and the Ridge Condominiums and is compatible with the area. 4. Are landscaping and fences/walls provided to buffer adjoining properties from undesirable negative influences that may be created by the proposed development? The development proposes landscaping along Vickers Drive and internal to the site, including the area around the proposed stormwater quality pond. 5. Are residential units buffered from arterial traffic by the provision of adequate setbacks, grade separation, walls, landscaping and building orientation? No residential units are proposed on this development plan.

5 Page 101 D. Traffic Circulation: 1. Is the circulation system designed to be safe and functional and encourage both on and off site connectivity? The proposed development includes improvements to Vickers Drive, including a westbound left turn lane and an eastbound deceleration lane into the site. The improvements will increase the safety of the site access. 2. Will the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project? The existing unimproved parking lot will be paved and shall meet the dimensional requirements for parking spaces and maneuvering areas as defined in Section D of the City Code. In addition to this, the existing private drive will be relocated and improved to City standards where it is located on Lot 1 of the Cornerstone Baptist Church Subdivision. 3. Will adequately sized parking areas be located to provide safe and convenient access, avoid excessive parking ratios and avoid expanses of pavement? The proposed parking area will provide adequate parking for the existing and proposed uses. 4. Are access and movement of handicapped persons and parking of vehicles for the handicapped appropriately accommodated in the project design? The existing and proposed development requires a total of five accessible parking spaces, of which one must be served by an 8 wide accessible aisle. The proposed development includes a total of nine accessible parking spaces, four of which are located in proximity to the existing and proposed development. 5. As appropriate are provisions for transit incorporated? No accommodations for transit are provided, although the applicant has been informed as to the existing transit routes in the area. E. Overburdening of Public Facilities: Will the proposed development overburden the capacities of existing and planned streets, utilities, parks, and other public facilities? The proposed development will not overburden the capacities of existing streets, utilities, parks, or other public facilities. F. Privacy: Is privacy provided, where appropriate, for residential units by means of staggered setbacks, courtyards, private patios, grade separation, landscaping, building orientation or other means? No residential units are proposed on this development plan. G. Pedestrian Circulation: 1. Are pedestrian facilities provided, particularly those giving access to open space and recreation facilities? The development proposes a 5 wide sidewalk along Vickers Drive, with pedestrian access to the proposed development. 2. Will pedestrian walkways be functionally separated from vehicular ways and located in areas that are not used by motor vehicles? The internal pedestrian walkways will be improved as additional development plans are reviewed. The development proposes the addition of a 5 wide public sidewalk on Vickers Drive, which will improve pedestrian safety. H. Landscaping: 1. Does the landscape design comply with the City's landscape code and the City's landscape policy manual? Once the Technical and Informational Modifications to the PUD Development Plan are addressed, the landscape design will comply with the Landscape Code and Policy Manual.

6 Page The use of native vegetation or drought resistant species including grasses is encouraged. The City's landscape policy manual or City Planning's landscape architect can be consulted for assistance. I. Open Space: 1 Residential Area: a. Open Space: The provision of adequate open space shall be required to provide light, air and privacy; to buffer adjacent properties; and to provide active and passive recreation opportunities. All residential units shall include well-designed private outdoor living space featuring adequate light, air and privacy where appropriate. Common open space may be used to reduce the park dedication requirements if the open space provides enough area and recreational facilities to reduce the residents' need for neighborhood parks. Recreational facilities shall reflect the needs of the type of residents and proximity to public facilities. No residential units are proposed on this development plan. b. Natural Features: Significant and unique natural features, such as trees, drainage channels, slopes, and rock outcroppings, should be preserved and incorporated into the design of the open space. The Parks and Recreation Advisory Board shall have the discretion to grant park land credit for open space within a PUD development that preserves significant natural features and meets all other criteria for granting park land credit. No residential units are proposed on this development plan. 2. Nonresidential; Natural Features: The significant natural features of the site, such as trees, drainage channels, slopes, rock outcroppings, etc., should be preserved and are to be incorporated into the design of the open space. The development plan identifies the approximate location of the ridgeline and of all existing vegetation, including one-seed junipers, ponderosa pine, and scrub oak. The relocated private drive is the only development activity proposed in an area with significant features. The grading plan includes a note to protect the existing trees and significant vegetation in this area. HILLSIDE DEVELOPMENT PLAN REVIEW CRITERIA: In accordance with Section D.3, a Hillside Development Plan, in addition to the PUD development plan review criteria listed in Section of the City Code, criteria for review of a development plan in a designated hillside area shall include the following: a. Does the plan meet the spirit and intent of the hillside design manual? The proposed development meets the spirit and intent of the Hillside Development Design Manual. b. How will the streetscape retain a hillside character after the street is constructed? Is terrain disturbance minimized? The streetscape should reflect the natural setting of the development. The natural elements such as vegetation and rock features should be a major part of the streetscape. Removal of significant vegetation will be discouraged for construction of the streets, installation of utilities and construction of houses. It is, however, recognized that some amount of vegetation will be removed for development in hillside areas. The hillside characteristics of the site are located along the property boundary shared with the Sunset Mesa Park. The proposed grading will not affect the hillside characteristics of the site. The relocated private drive will be removed from the ridgeline and will preserve the existing vegetation.

7 Page 103 c. Have visual impacts upon off site areas been reduced or reasonably mitigated? Significant ridgelines and other prominent sites within the City should be given special consideration when a development plan is being prepared. Additional mitigation measures are necessary in these highly visible areas. Mitigation measures that may be demonstrated on the development plan may include, but are not limited to: (1) Alternate siting of structures to include increased setbacks from ridgelines; (2) Use of significant vegetation to soften structural mass when building sites are located in highly visible areas; (3) Designation of special height restrictions; (4) Use of native vegetative cover and retaining walls faced with stone or earth colored materials as stabilization measures for cuts and fills; and (5) Alternate street placement to reduce visibility of structures. The proposed location of the development will minimize the visual impacts to the Sunset Mesa Park. The proposed development is a minimum of 250 feet from the ridgeline. d. Have the significant natural features and the significant vegetation been placed in preservation area easements? Because of the terrain in hillside areas it is recognized that utilities and some drainage improvements may have to be located within an easement. The review will consider the necessity of locating these facilities within the preservation area easement. No preservation easements are proposed at this time, but as the site develops adjacent to the Sunset Mesa Park, it may be appropriate to include the ridgeline and the existing vegetation in a preservation easement. e Have geologic, soil and other natural hazards been identified and evidence of mitigation techniques been provided? Various natural hazards are encountered when developing in the hillside terrain. It is important to identify and begin the process of addressing the various mitigation techniques. A geologic hazards study shall be provided as required by article 4, part 5, "Geological Hazard Study And Mitigation", of this chapter. A Geologic Hazard Study was reviewed and approved by City Engineering. As was identified in the study, the geologic and physiographic conditions will impose minor constraints on the proposed development and should be mitigated by implementing common engineering and construction practices. Technical and Informational Modifications to the PUD Development Plan: 1. Applicant shall resolve all comments received from Traffic Engineering before final approval of the PUD development plan. 2. Applicant shall address and modify the Landscape Plan as per comments received from the City Landscape Architect before final approval of the PUD development plan. 3. Applicant shall resolve all comments received from Colorado Springs Utilities before final approval of the PUD development plan. 4. Include a reference to the approved PUD plan file CPC PUP where Ordinance is cited. 5. The border around the data table must be positioned so that it does not overwrite any text.

8 Page Illustrate the proposed building height per Section F of the City Code. 7. Remove the parking spaces from the drive aisle in the vicinity of the relocated private drive. Remove any parking spaces that may impede line-of-sight. 8. Revise the discrepancy between the data table, which accounts for 140 provided parking spaces, and the graphic illustration, which depicts 132 parking spaces (excluding the 4 parking spaces to be removed for the drive aisle). 9. Per Section C of the City Code, a maximum of 40 percent of the required parking spaces may be compact. Provide assurance that a minimum of 60 parking spaces will be provided at a width of 9 and a depth of Include at least one accessible parking space that is served by an 8 wide accessible aisle (van accessible). 11. Remove the text master plan from the data table. 12. Remove the note that reads: If the Cornerstone Baptist Church PUD zone change request and PUD plan applications (CPC PUZ , CPC PUP ) are approved before the Conditional Use development plan, the conditional use development plan shall be adapted to a PUD development plan and shall be subject to PUD development plan review criteria. Additional information on this revision will be provided to you if the PUD is approved. The conditions were to reference the PUD development plan file (CPC PUD ), to add the conditions of record approved in the PUD ordinance, and to reference the approved PUD plan file. With the exception of the reference to the approved PUD plan file, the condition has been addressed. 13. Illustrate the correct landscape setbacks and buffers on Sheet 1/ Revise the Geologic Hazard Report note to include the file number CPC PUD Prior to resubmitting the PUD development plan, review the plan for spelling errors and consistently use the same font in the note table. 16. Show an accurate representation of all existing vegetation on all sheets. 17. Show and label the existing 20 access easement recorded on Book 5618, Page 195. Draft and record a new access easement illustrating the proposed location of the relocated driveway. The proposed access easement shall also be shown on the PUD development plan. 18. Add a note to the PUD development plan indicating that when the undeveloped portion of the site develops, the road grade, driveway width, and paving of the remainder of the driveway shall be reviewed and shall meet City standards. 19. Reword the note regarding the left-turn lane at the full movement access off of Vickers Drive and the right-turn lane into the site. The note shall state: Street improvement plans for the modification to the existing median to accommodate the taper for the westbound left turn and the deceleration lane shall be submitted prior to building permit approval. 20. Illustrate standard pedestrian ramps on the public sidewalk. A public improvement easement shall be granted where the public sidewalk is located on private property. 21. Provide a 6 wide sidewalk where the 5 wide attached sidewalk is shown or detach the 5 wide sidewalk. 22. All curb returns shall meet City standards. 23. The location of the refuse enclosure on the site plan does not match the elevation drawing as an area labeled as a potential addition adjacent to the enclosure on the site plan is shown as a structure on the elevation drawing. This shall be revised prior to final approval of the PUD development plan. 24. An area labeled as a potential addition on the west elevation of the proposed development extends onto the sidewalk. If this was unintentional, the linework shall be redrawn to show a continuous 9 wide sidewalk on the west elevation of the proposed development, otherwise the reduced width sidewalk is acceptable. 25. An erosion control plan shall be included with the PUD development plan prior to final approval, which shall meet all requirements of Section of the City Code and the Drainage Criteria Manual Volume 2: Storm Water Quality Policies, Procedures and Best Management Practices. 26. Update the grading plan details as appropriate to illustrate the agreed upon 12 diameter HDPE pipe in place of the erosion control drop structures. 27. Add a note to the grading plan that states: All facilities, vegetation and other items required by the approved grading, erosion and storm water quality control and reclamation plans shall be properly maintained by the owners of the property. Such maintenance shall include, but not be limited to, keeping all erosion control facilities in good order and functional, repairing any erosion

9 Page 105 damage that occurs, keeping all vegetation healthy and in growing condition and replacing any dead vegetation as soon as practical. 28. Show the ridgeline and all significant vegetation on Sheet 3/ Per the Parks, Recreation, and Cultural Services Department, add the following notes to the PUD development plan: 1. A revocable permit shall be obtained prior to construction of the 12" HDPE Drainage Pipe within the Mesa Open Space. This revocable permit will allow the pipe to be installed and for a 20' easement for any long term maintenance. 2. The developer shall be responsible for the installation of this 12" HDPE Drainage Pipe, as well as any long term maintenance. If the developer does not maintain the pipe to City Standards the permit shall be revoked. If the developer encroaches outside of the granted easement then the permit shall be revoked. 3. Prior to installing the 12" HDPE Drainage Pipe, the developer must verify the future location of the pipe with Parks, Recreation and Cultural Services Staff and the City Forester. The City Forester shall determine which vegetation can be removed and if vegetation is removed the value of that vegetation. That value shall be determined by either of two methods deemed most appropriate and standardized by the International Society of Arboricultural; the cost replacement method or the trunk formula method. Dollar values shall then be assessed to the Developer for damaged and/or removed trees. 4. Any damage to the vegetation during construction shall be at the owners expense. When the 12" HDPE Drainage Pipe must be serviced and/or maintained at a later date the developer is responsible for damage to any vegetation. The developer must follow the 2005 Parks and Recreation (or most current) Specs for installation and maintenance of the vegetation. 5. During construction on the 12" HDPE Drainage Pipe, construction fence must be installed along the easement boundary. Additional protective measures, such as silt fencing and straw bales may be needed to protect property downhill of this construction. Assessment & documentation shall occur prior to construction. In addition, construction fence must be installed around any tree within the easement, at the City Foresters discretion. The developer must follow the 2005 Parks and Recreation (or most current) Specs for vegetation protection. 6. Following construction within the Mesa Open Space all disturbed areas must be reinspected by all interested parties to reassess any remediation deemed necessary. Corrective measures must be addressed prior to formal completion of this project. Disturbed areas may then be reseeded with the Foothills Seed Mix and erosion control matting shall be placed over all disturbed areas within the Open Space.

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