HomeMy WebLinkAboutTWO TEXT AMEND. TO LAND USE CODE - 12-06 - P&Z PACKET - RECOMMENDATION/REPORTRequest for Two Text Amendments to the Land Use Code, #12-06
June 15, 2006 P & Z Meeting
Page 4
... 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 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.
RECOMMENDATION:
1. Staff recommends approval of adding Small Animal Veterinary Hospital to
Section 4.21(B)(2)(c) of the Harmony Corridor zone district as a Type One
permitted use.
2. Staff recommends approval of adding Indoor Kennels to Section
4.21(13)(2)(c) of the Harmony Corridor zone district as a Type One
permitted use, subject to such use being restricted to:
being planned, developed and managed in the same facility as either a
Small Animal Veterinary Clinic or a Small Animal Veterinary Hospital.
Request for Two Text Amendments to the Land Use Code, #12-06
June 15, 2006 P & Z Meeting
Page 3
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,
toy and miniature 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 associated,
planned, developed and managed in the same facility as Small Animal Veterinary
Clinics or Small Animal Veterinary Hospitals.
Staff recommends that the use be considered permitted subject to Administrative
Review (Type One).
OTHER CODE 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 Staffs 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.:
Request for Two Text Amendments to the Land Use Code, #12-06
June 15, 2006 P & Z Meeting
Page 2
APPLICANT'S JUSTIFICATION:
The applicant has provided an attachment that offers a justification for adding the
two uses. Briefly, for the addition of the Veterinary Facilities - Small Animal
Hospital, 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 natural supporting function of Veterinary Facilities.
STAFF EVALUATION OF REQUEST:
A. Addition of Veterinary Facilities, Small Animal Hospital
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 a Hospital.
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).
ITEM NO. 5
MEETING DATE6/15/n6
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Request for Two Text Amendments to the Land Use Code
Adding Veterinary Facilities, Small Animal Hospital and
Indoor Kennels as Permitted Uses in the Harmony Corridor
Zone District, #12-06.
APPLICANT: Mr. and Mrs. Mark and Debra Holmes
c/o Mr. Troy Jones
M. Torgerson Architects
223 North College Avenue
Fort Collins, CO 80524
OWNERS: Mr. and Mrs. Mark and Debra Holmes
Paws of the Rockies
1538 E. Harmony Road, Unit. C=2
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request to add two permitted uses to 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 uses are proposed as being subject to Administrative
Review (Type One).
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
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.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT