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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/15/2006 - SECOND READING OF ORDINANCE NO. 115, 2006, AMENDIN ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: August 15, 2006 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Second Reading of Ordinance No. 115, 2006, 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. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2006, makes 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). ITEM NUMBER: 27 AGENDA ITEM SUMMARY DATE: July 18, 2006 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT t ( ) F First Reading of Ordinance No. 115, 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 e U od add, Small Animal Hospitals and Indoor Kennels as permitt uses 1 e H o ne District. The proposal to add Indoor Kennels would be con Toned s h th a must b an association with either a Small Animal Veterinary Clinic or S 'rim eri Hos 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 art nt ff st, io r adding the two uses. Briefly, for the addition of Small Anim Hos t the st c n t the industry does not recognize the distinction between Clinic d Ho .tals. on, w tever the differences may be, they are subtle to the casual observe .�*/ 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 CliCand spita 's at a talpermits the overnight care of animals whereas the Clinic d er t ngth of s y, 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 associatCare 1norA y the proper staffing normally associated with typical veterinStaff recommends that the usede inistrative 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 m (4k g, door Kennels, can provide a valuable service for urban pet ners i ngproperties. The key is thatthe operation is basically contain withinor a necessary outdoor function, and that there are no "runs" or oth tdod 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 bein com or app val based on the merits of the two uses and not in conjunction w a.Spec pl' Lion. 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 oftra to �F' (4) location of loa g and ivery n ; (5) light intensity hours full ' nation; (6) placement and i do t mvendi achines." 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 SmallAnimal Veterinary Hospitals to Section 4.21(B)(2)(c) of the Harmony Corridor zone district as a Type One permitted use. B. Recommend approval addii$g doo aPS ysuect 4.21(B)(2)(c) of the Harmony Corridor zone district a Type e p ito such use being restricted to being in a Small Anima n i Veterinary Hospital. 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 4.2 1(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 ordered published this 18th day of July, A.D. 2006, and to be presented for final passage o e th d f Est 2PO6. Mayo i EST: City Clerk Passed and adopted on final reading this 15th day of August, A.D. 2006. Mayor ATTEST: City Clerk