HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - FIRST READING OF ORDINANCE NO. 118, 2006, AMENDING ITEM NUMBER: 27
AGENDA ITEM SUMMARY DATE: July 18, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
First Reading of Ordinance No. 118, 2006, Amending Section 4.21(b)(2)(c) of the Land Use Code
to Add Two Permitted Uses to the H-C,Harmony Corridor Zone District.
RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
EXECUTIVE SUMMARY
This is a request for Two Text Amendments to the Land Use Code to add Small Animal Hospitals
and Indoor Kennels as permitted uses in the Harmony Corridor Zone District. The proposal to add
Indoor Kennels would be conditioned such that there must be an association with either a Small
Animal Veterinary Clinic or Small Animal Veterinary Hospital. Both new uses are proposed as
being subject to Administrative Review (Type One).
BACKGROUND
Section 2.9.4 of the Land Use Code allows applicants to submit requests to amend the text of the
Land Use Code. Such a request must first be considered by the Planning and Zoning Board before
being forwarded to City Council for final action in the form of an ordinance. City Council has
legislative discretion to approve, modify or deny the request.
Applicant's Justification:
The applicant has provided an attachment that offers a justification for adding the two uses. Briefly,
for the addition of Small Animal Hospitals, the justification is that the industry does not recognize
the distinction between Clinics and Hospitals. In addition, whatever the differences may be, they
are subtle to the casual observer.
Regarding the addition of Indoor Kennels, the justification is that providing such a service is a
logical supporting function of either Small Animal Clinics or Small Animal Hospitals.
July 18, 2006 -2- Item No. 27
Staff Evaluation of Request:
A. Addition of Small Animal Hospitals
The difference between a Clinic and a Hospital is that the Hospital permits the overnight care of
animals whereas the Clinic does not. Other than length of stay, the operational aspects of both
defined uses are the same.
In order to care for animals overnight, a Hospital must be properly staffed during times when a
Clinic would normally be closed. Most Clinics, however, provide 24-hour emergency on-call
service for their customers. So there would be times when even Clinics would be acting in a similar
manner as Hospitals.
The key to the analysis is potential noise impact associated with recovery of the animals overnight.
If loud barking dogs are heard by nearby residents during normal sleeping hours, then such
disturbance is unacceptable. On the other hand,most surgical recoveries render the dogs unable or
unwilling to bark loudly enough to be heard outside the building. In all likelihood, a loud barking
dog in a recovery unit would be attended to by staff.
Staff, therefore, finds that from an operational perspective, both a Clinic and a Hospital are very
similar. The impacts associated with a Hospital can be mitigated by the proper staffing normally
associated with typical veterinary care.
Staff recommends that the use be considered permitted for Administrative Review (Type One).
B. Addition of Indoor Kennels
Indoor Kennels were added to the Harmony Corridor zone but only if located within a designated
community or regional shopping center. The request would expand the use to operations associated
with Small Animal Veterinary Clinics and Small Animal Veterinary Hospitals.
The concept of Indoor Kennels has evolved as the increasing population of dogs and cats is finding
its way into urban areas. The explosion in popularity in small,miniature and toy breeds allows for
pet ownership while being able to live on small lots, townhomes, condos and apartments. In
response to these trends, pet stores in shopping centers are offering Indoor Kennels for the
convenience of their customers.
Staff finds that with proper management and sound-proofing, Indoor Kennels, can provide a
valuable service for urban pet owners without impacting surrounding properties. The key is that the
operation is basically contained within a building, except for the necessary outdoor function, and
that there are no "runs" or other outdoor facilities designed to accommodate long term outside
activities.
Staff,therefore,finds that the addition of Indoor Kennels in the Harmony Corridor are appropriate,
but only if subject to the restriction on being in the same facility as Small Animal Veterinary Clinics
or Small Animal Veterinary Hospitals.
July 18, 2006 -3- Item No. 27
Staff recommends that the use be considered permitted subject to Administrative Review (Type
One).
Other Considerations:
These two Text Amendments are being recommended for approval based on the merits of the two
uses and not in conjunction with a specific application. There has been a Preliminary Design
Review for a parcel in the Harmony Corridor that would include these two uses but Staff's
recommendation is made independent of that potential application.
Should the applicants pursue a P.D.P.,then Staff and the Decision Maker are authorized to review
any such proposal by other sections in the Land Use Code. For example, Section 3.5.1(J)(1-6)—
Operational and Physical Compatibility Standards allows Staff to impose conditions on a P.D.P.:
.. to ensure that new development will be compatible with existing neighborhoods
and uses, including, but not limited to, restrictions on:
(1) hours of operation and deliveries;
(2) location on a site of activities that generate potential adverse impacts on
adjacent uses such as noise and glare;
(3) placement of trash receptacles;
(4) location of loading and delivery zones;
(5) light intensity and hours of full illumination;
(6) placement and illumination of outdoor vending machines."
Staff and the Decision Maker have the discretion to impose restrictions. If necessary, such
conditions may include a cap on the number of dogs, special sound-proofing for the building,
installation of extra landscape materials, or other mitigation measures that may be required to
address compatibility issues on a site-by-site basis.
Planning and Zoning Board Recommendation:
On June 15, 2006, the Planning and Zoning Board voted 6—0 (on its consent agenda) to approve
the two Text Amendments by taking the following actions:
A. Recommend approval of adding Small Animal Veterinary Hospitals to Section 4.21(B)(2)(c)
of the Harmony Corridor zone district as a Type One permitted use.
B. Recommend approval of adding Indoor Kennels to Section 4.21(B)(2)(c) of the Harmony
Corridor zone district as a Type One permitted use, subject to such use being restricted to
being in a Small Animal Veterinary Clinic or Small Animal Veterinary Hospital.
Petition For Land Use Code Text Amendment
2000 East Harmony Road
Applicant: Mark & Debra Holmes
Paws of the Rockies
1538 E. Harmony Road, Unit C-2
Fort Collins, CO 80525
Consultant: Troy Jones & Mikal Torgerson
M. Torgerson Architects
223 North College Ave.
Fort Collins, CO 80524
Summary of the Request:
The property at 2000 East Harmony has been owned by the Fort Collins
Loveland Water District for quite some time as a pipe and fitting storage yard.
The applicants wish to purchase the property in order to build a building to
operate a small animal veterinary business.
The request is simply to add permitted uses in the HC zone that would allow
Paws of the Rockies to operate all intended aspects of their business including
surgical procedures that would typically result in the overnight care of animals, as
well as an accessory indoor kennel use as part of the facility.
Applicable Code Criteria:
2.9.4(H)(1) Text Amendments & Legislative Rezonings.
"Amendments to the text of this Land Use Code . . . . . are matters committed to
the legislative discretion of the City Council, and decisions regarding the same
are not controlled by any one (1) factor."
4.21 (A) Purpose of the HC Zone District.
"The Harmony Corridor District is intended to implement the design concepts and
land use vision of the Harmony Corridor Plan -- that of creating an attractive and
complete mixed-use area with a major employment base."
4.21(B)(2) Permitted Uses in the HC Zone District subject to Administrative
Review.
(c)(7) Small animal veterinary clinics.
(c)(8) Indoor kennels if in a community or regional shopping center.
5.1.2 Definitions
Kennel shall mean a facility where the overnight boarding of dogs, cats or other
household pets is conducted as a business.
Indoor kennel shall mean an establishment in which twenty-four-hour care and
boarding is provided for household dogs or cats within a soundproof building (or
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buildings) that contains exercise facilities, separate ventilation systems for dogs
and cats if they are boarded in the same building, and wherein other services
such as grooming and training are offered.
Veterinary facilities, small animal clinic shall mean any facility maintained by or
for the use of a licensed veterinarian in the diagnosis, treatment or prevention of
animal diseases wherein the animals are limited to dogs, cats or other
comparable household pets and wherein the overnight care of said animals. is
prohibited except when necessary in the medical treatment of the animal.
Veterinary facilities, small animal hospital shall mean any facility which is
maintained by or for the use of a licensed veterinarian in the diagnosis, treatment
or prevention of animal diseases wherein the animals are limited to dogs, cats or
other comparable household pets and wherein the overnight care of said animals
is permitted.
Existing Text of LUC (With Changes underlined):
4.21(B)(2) The following uses are permitted in the H-C District, subject to
administrative review:
(a) Residential Uses:
1. Mixed-use dwelling units.
(b) Institutional/Civic/Public Uses:
1. Community facilities.
2. Public and private schools, including colleges, universities,
vocational and technical training.
3. Parks, recreation and other open lands, except neighborhood
parks as defined by the Parks and Recreation Policy Plan.
4. Hospitals,
5. Public facilities.
6. Transit facilities without repair or storage.
(c) Commercial/Retail Uses:
1. Offices, financial services and clinics.
2. Child care centers.
3. Print shops.
4. Food catering or small food product preparation.
5. Open air farmers markets in neighborhood, community and
regional shopping centers only.
6. Adult day/respite care centers.
7. Small animal veterinary clinics.
8. Indoor kennels if in a community or regional shopping center or
if planned, developed and managed in the same facility as a small
animal veterinary clinic or a small animal veterinary hospital.
9. Small animal veterinary hospitals.
(d) Industrial Uses:
1. Research laboratories.
2. Light industrial uses.
3. Workshops and custom small industry uses.
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (39) inches in
diameter.
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2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
Justification of LUC Text Amendment:
Proposed Code Change #1, Allowing Indoor kennels if it is within the same
facility as a small animal veterinary clinic or hospital.
In talking with Peter Barnes of the Zoning Department, he said that indoor
kennels were recently added in the HC zone district in a response to a
request from a large pet supply store. The pet store asked City staff to
consider that it would be appropriate to allow large retail pet supply stores
to also have an indoor kennel use. Ultimately the City staff and the City
Council added the use in the zone district, but only if the indoor kennel is
in a community or regional shopping center. In talking with Peter, he said
that the logic of the limitation was that the kennels would be well
managed as part of a pet oriented larger business. He said there was a
hesitation by the Planning and Zoning Board at the time to allow the
indoor kennels everywhere in the zone district without restrictions.
We contend that in addition to it being appropriate to locate this use in
community and regional shopping centers, it is also appropriate to locate
this use as part of a veterinary business.
Proposed Code Change #2, Allowing small animal veterinary hospitals in the
HC zone.
The definitions of small animal veterinary clinics and small animal
veterinary hospitals only differ with regard to overnight boarding. In
talking with Peter Barnes, he indicated that he thought that another
difference (that isn't clear in the definitions) is that the small animal
veterinary hospital is the type of facility where more intensive veterinary
procedures occur, such a surgery, where a pet might be more readily
expected to have the need to be in the care of the veterinarian. We see
the difference as subtle. Most veterinary facilities will do both simple and
complex treatments, and the industry really isn't set up according to the
differentiation between the two definitions. Simply adding the use of
small animal veterinary hospitals to the zone district will clear up any
confusion as to whether or not surgery or other complex treatments on
small animals can occur as part of the use. It also clears up that
overnight stays would be expected to occur on a regular basis.
Conclusion of Request.
Fundamentally, the request boils down to a value judgment about the conditions
by which it is appropriate to allow overnight boarding of small animals within a
soundproof building. We contend this use is appropriate if it is managed in
conjunction with a small animal veterinary business.
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ORDINANCE NO. 115 , 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4.2 1 (B)(2)(c) OF THE LAND USE CODE
TO ADD TWO PERMITTED USES TO THE H-C,
HARMONY CORRIDOR ZONE DISTRICT
WHEREAS , the City has received an application proposing an amendment to Section
4 . 21 (B)(2)(c) which would add an additional commercial retail use of "small animal veterinary
hospitals" and broaden the conditions under which indoor kennels can be located in the Harmony
Corridor Zone District; and
WHEREAS , following favorable recommendation from the Planning and Zoning Board and
consideration by the City Council, the Council has determined that the proposed text amendments
to the Land Use Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 4 .2 1 (B)(2)(c) of the Land Use Code is hereby amended to read as follows :
B) Permitted Uses.
(2) The following uses are permitted in the H-C District, subject
to administrative review:
(c) Commercial/Retail Uses :
1 . Offices, financial services and clinics .
2 . Child care centers .
3 . Print shops.
4. Food catering or small food product preparation.
5 . Open air farmers markets in neighborhood,
community and regional shopping centers only.
6 . Adult day/respite care centers.
7 . Small animal veterinary clinics .
8 . Indoor kennels if in a community or regional
shopping center or a small animal veterinary clinic or
a small animal veterinary hospital.
9 . Small animal veterinary hospitals .
Introduced and considered favorably on first reading, and ordered published this 18th day
of July, A.D . 2006, and to be presented for final passage on the 15th day of August, A.D . 2006 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of August, A.D . 2006 .
Mayor
ATTEST :
City Clerk