Loading...
HomeMy WebLinkAboutROCKY MOUNTAIN RAPTOR PROGRAM - ODP & FIRST FILING PDP - 7-06 - REPORTS - RECOMMENDATION/REPORTRocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 10 Attachments: Site Vicinity Map Overall Development Plan 8'h x 11" Phase I Project Development Plan 8'/2 x 11" Applicant's Written Statement Bird Cage photographs Memorandum from CPES Director Adding Wildlife Rescue and Education Center as Permitted Uses. Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 9 5. Neiahborhood Meetin Neighborhood meetings were held in May and August 2005 to review the project with residents from the Alta Vista, Buckingham and Andersonville Neighborhoods. No specific concerns were raised from area residents about the anticipated temporary raptor center facility. 6. Findings of Fact/Conclusion: In evaluating the Rocky Mountain Raptor Program O.D.P. and 1st Phase P.D.P., Staff makes the following findings of fact: 1. The Overall Development Plan complies with all applicable criteria found in Section 2.3.2(H), except for compliance with subsection (4) regarding the provision of connecting local street access [Section 3.6.3 (F)] where a modification has been granted. 2. The Modification Request to the connecting local street access [Section 3.6.3 (F)] to Parcel B meets the review criteria in that: a. The request is not detrimental to the public good nor will impair the intent and purposes of this Land Use Code.; and b. Steep slopes, dense vegetation, and existence of drainage channels provide exceptional physical conditions unique to the site which represent unusual and exceptional practical difficulties in providing hard surface vehicular access. 3. The Project Development Plan complies with all applicable district standards of Section 4.23 of the Land Use Code, (1) Industrial zone. 4. The Project Development Plan complies with all applicable General Development standards of Article 3 of the Land Use Code. RECOMMENDATION: Staff recommends approval of the Rocky Mountain Raptor Program O.D.P. and 1st Phase P.D.P., #7-06. Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 8 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 or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant." (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Pursuant to Section 3.6.3 (F) all developable parcels must be provided future street connections to all existing development and to adjacent developable parcels. Future local public street connections must be provided every six hundred sixty (660) feet along each development plan boundary that abuts potentially developable or redevelopable land. The applicant is requesting a modification to the requirements such that no formal street access is provided to the Parcel B (Phase I PDP site) containing the temporary bird cages. Steep slopes, dense vegetation, and existence of drainage channels provide exceptional physical conditions unique to the site which represent unusual and exceptional practical difficulties in providing hard surface vehicular access. This portion of the site is not open to the general public. Emergency access will continue to be provided through a fire lane on the adjacent property. Staff has concluded that the proposed modification of standard would not be detrimental to the public good and that unusual and practical difficulties are present due to site topography and existing mature vegetation; therefore, the application has satisfied the requirements of Section 2.8.2(H)(1). Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 7 Existing mature trees within the PDP site will be retained. Raptor cages will be constructed within grassy or lightly wooded portions of the site. B. Section 3.2.2(B) — Access, Circulation and Parking Public access to the temporary RMRC facility will be prohibited. Access to the cages by RMRC staff will occur primarily on -foot, and occasionally with trucks or other off -road vehicles. Emergency Access will be provided by Poudre Fire Authority through the use of brush trucks that are capable of accessing and negotiating vegetation and slopes present on the PDP site. A dedicated fire lane will be provided along the east side of the existing building fronting Vine Drive located just south of the cages. C. Section 3.2.2(K)(1)(a) — Required Number of Parking Spaces Since the temporary raptor center facility is not open to the public and there is no hard surface vehicular access, no parking is provided within the PDP. D. Section 3.6.4 — Transportation Level of Service Requirements The City's Traffic Engineer waived the requirement for a Transportation Impact Study based on the proposed size and intensity of the use and associated vehicular traffic generated. 4. Modification to the Street Pattern and Connectivity Standards (Section 3.6.3[Fl) As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) the plan as submitted will promote the general purpose 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 (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 6 ODP site from neighboring properties for vehicular, pedestrian and bicycle movement. All development plans shall incorporate and continue all sub -arterial streets stubbed to the boundary of the development plan by previously approved plans or existing development. All development plans shall provide for future public street connections to adjacent developable parcels by providing a local street connection spaced at intervals not to exceed 660 feet along each development plan boundary that abuts potentially developable or redevelopable land. The ODP application satisfies these criteria where it provides potential local street connections as stated above. D. Section 2.3.2 (H)(6) — Natural Features This criterion requires an ODP to indicate the location and size of all natural areas and features within its boundaries and shall indicate the applicant's estimate of the limits of development and natural area buffer zones. City staff has conducted a field visit and determined that no wetlands are on the property. Further, the site has been heavily disturbed through human actions including site grading and introduction of noxious plant species. E. Section 2.3.2 (H)(7) — Drainage Master Plan This criterion requires an ODP to be consistent with the appropriate Drainage Basin Master Plan. This property is located in the Dry Creek Drainage Basin. The proposed temporary bird cage design and very limited sitework will ensure compliance with the City's storm drainage requirements. Any future development on the site will likely result in stormwater improvements. The biggest drainage issue is the floodplain. Even after the Dry Creek Project north of town is completed there is a residual floodplain and some floodway that may require modeling to show no -rise from any construction in the floodway. 3. PDP Compliance with General Development Standards — Article Three: A. Section 3.2.1(C) — Landscaping and Tree Protection Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 5 future Project Development Plan reviews within the area described within the ODP boundary. There are no streets internal to the site identified on the Master Street Plan. 2. The Street Pattern and Connectivity Standards (LUC 3.6.3) are intended to ensure that the local street system is well designed with regard to safety, efficiency and convenience for automobile, bicycle, pedestrian and transit modes of travel. One specific subsection of the Street Pattern and Connectivity Standards 3.6.3[F]) is applicable in order to satisfy the ODP review criteria: a) All developable parcels must be provided future street connections to all existing development and to adjacent developable parcels. Future local public street connections must be provided every six hundred sixty (660) feet along each development plan boundary that abuts potentially developable land. The proposed ODP complies with the standard since all potentially developable parcels are provided future access, except for the Phase I PDP site housing the temporary bird cages, where a request for a modification has been submitted. Potential access has been provided through the existing street stub at the end of Main Street within the Alta Vista Subdivision. Five other future local street connections are shown on the ODP. 3. The Transportation Level of Service Requirements (LUC 3.6.4) are intended to ensure that "the project shall demonstrate that all adopted Level of Service (LOS) standards will be achieved for all modes of transportation. The City Engineer waived the Transportation Impact Analysis for the ODP given the lack of traffic generated by the RMRP temporary facility. It has been acknowledged by the applicant that future development phases will likely trigger some level of Transportation analysis and related public improvements, including, but not limited to, right-of-way/easement dedications, participation in future area street, sidewalk and bike lane improvements. C. Section 2.3.2 (H)(5) — Transportation Connections to Adjoining Properties This criterion requires an ODP to provide for the location of transportation connections to adjoining properties to ensure connectivity into and through the Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 4 ODP/PDP application and will be evaluated based on review criteria applicable at the time of submittal. 2. Compliance with the Overall Development Plan Standards: Section 2.3.2 (H) of the Land Use Code identifies seven possible criteria for reviewing Overall Development Plans, five of which are applicable to the present application. An ODP must comply with all applicable criteria or request a modification. A. Section 2.3.2 (H)(1) — Permitted Uses and District Standards This criterion requires the ODP to be consistent with the permitted uses and applicable zone district standards of all zone districts contained within the boundaries of the ODP and to be consistent with any applicable general development standards. The site consists of two zoning districts: Low Density Mixed -use Neighborhood, L-M-N; and Industrial, I. The entire site lying within the LMN District will remain as undeveloped private open space or under agricultural use, which is permitted. Operations of the RMRP do not correspond to any defined use within the Land Use Code. Pursuant to Section 1.3.4 of the Land Use Code, the applicant has submitted a request to add the use "Wildlife Rescue and Education Center" to the Code within the Industrial Zone and Low Density Mixed Use Neighborhood as a permitted use subject to review by the Planning and Zoning Board (see attached memorandum from Gregory Byrne, CPES Director). B. Section 2.3.2 (H)(4) — Master Street Plan, Street Pattern and Connectivity Standards, and Transportation Level of Service Requirements This criteria requires an ODP to conform to the Master Street Plan requirements (as specified in the LUC Section 3.6.1) and the Street Pattern and Connectivity Standards (as specified in the LUC 3.6.3), both within and adjacent to the boundaries of the plan. 1. The Master Street Plan (LUC 3.6.1) identifies Vine Drive adjacent to the site, and east of Redwood Avenue, as a future local street (beyond 2015). In part, this designation is due to the future relocation of Vine Drive one quarter mile to the north. Given the limited nature of the proposed uses, the ODP has no direct impact on the roadway. No right-of-way dedications are triggered at this time, however, dedication of appropriate right-of-way and necessary improvements like sidewalks and bikelanes will like be required at the time of Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 3 system allowing them to be rebuilt in their permanent locations in the future. All cages will be constructed of treated lumber, and in the following configuration: • One Flight Cage of 6,264 square feet (roughly 60 x 106 feet) with a height of 20 feet; • One Educational Raptor Cage of 3,025 square feet (36 x 84 feet) 12 feet in height; and • One Raptor Recovery Cage of 3,672 square feet (36 x 102 feet) with a height of 12 feet. The Rocky Mountain Raptor Program (RMRP) offices are being relocated from their present facility at the Colorado State University Veterinary Medical Center to property north of Vine Drive. The RMRP rehabilitation facility will temporarily lease space within the existing building just south of the PDP boundary within a portion of the existing wood products building (formerly housing Platte Valley lumber). Space within this off -site building will be used for offices, cage construction, and as a bird clinic to continue the RMRP operations. It is intended that the proposed Phase I Project Development Plan function as temporary quarters for the RMRP until a permanent facility is constructed. The long-term goal is to develop a permanent raptor center within a future PDP phase, providing medical care, rehabilitation, release for injured birds of prey, and volunteer opportunities. Additionally, the center will include a series of interpretive displays representing the habitats of Colorado. The balance of the ODP will remain as undeveloped open space or in agricultural production. Hay is harvested on part of the property twice per year. The temporary nature of the 1st RMRP development phase has required some creative solutions with the City's development review process. The RMRC ownership includes 27 acres, yet only 1 acre is intended for development at this time. The City does not recognize "temporary uses" and, therefore, has no separate review process for such facilities. Likewise, a PDP cannot be approved for a portion of a larger property without creation of an ODP. To address these issues, the staff and applicant have agreed to process the proposal as an ODP, with a first phase PDP application for the temporary cages. The applicant acknowledges that future development within the ODP boundary will require an ODP amendment and a detailed PDP developed for each project phase. In addition to a potential future permanent raptor center, other future uses may include other residential and non-residential uses on the remainder of the ODP site. Each future development phase may be subject to an amended Rocky Mt. Raptor Program — ODP/Phase 1 PDP, #7-06 April 20, 2006 Planning & Zoning Board Hearing Page 2 ODP complies with all applicable standards of the Land Use Code found in Section 2.3.2(H). The PDP is consistent with standards located in Division 3.2 - Site Planning and Design Standards, Division 3.3 — Engineering Standards, Division 3.4 Natural Area Standards, and Division 3.6 - Transportation and Circulation of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS except where a modification is requested; The request for a modification to Section 3.6.3 (F) ,Utilization and Provision of Sub -Arterial Street Connections to and From Adjacent Developments and Developable Parcels, should be granted based upon the existence of unusual physical conditions; and The PDP complies with applicable district standards located in ARTICLE 4 - DISTRICT STANDARDS of the LUC (Division 4.23 — I -Industrial Zoning District). COMMENTS: 1. Background: The surrounding zoning and land uses are as follows N; L-M-N; Vacant, Agricultural S: I; Industrial, City Streets Facility E: R-L; Single Family Residential (Alta Vista Neighborhood), Small Neighborhood Park W: I; Larimer County Roads Department w/storage yard The subject property was included in East Vine Drive 5th Annexation approved on May 16, 1978. The parcels have never been developed. The Northside Neighborhoods Plan was approved on January 18, 2005 encompassing a 444 acre area generally bounded by Conifer Street to the north, Lemay Avenue (9th Street) to the east, Lincoln Avenue to the south, and Redwood and Linden Streets to the west. The subject property lies roughly at the center of this neighborhood planning area. Development within the ODP/phase I PDP is limited to the construction of three temporary, freestanding bird cages. Cages will be constructed with a modular STAFF REPORT PROJECT: Rocky Mountain Raptor Program - Overall Development Plan and Filing One Project Development Plan - #7-06 APPLICANT: Mickey Willis Paradigm Real Estate & Development 2969 Spring Harvest Lane Fort Collins, CO 80528 OWNER: Rocky Mountain Raptor Program 2519 S. Shields Street #155 Fort Collins, CO 80526 PROJECT DESCRIPTION: This is a request to construct three temporary, freestanding bird cages to serve the Rocky Mountain Raptor Program on approximately 1 acre of land immediately north of the existing building (formerly housing Platte Valley lumber) addressed as 720 East Vine Drive. The balance of the property, composed of approximately 26 acres, will be maintained as undeveloped private open space under the ODP application. The PDP is located on property within the I -Industrial zone district, while the entire ODP is split between land within the I -Industrial and LMN — Low Density Mixed Use zone districts. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The proposal is in conformance with the City's adopted Northside Neighborhoods Plan, an element of City Plan. The Rocky Mountain Raptor Program ODP and Phase I PDP complies with the applicable requirements of the Land Use Code (LUC), more specifically: The ODP evaluation is based upon criteria contained in the Land Use Code. The land uses proposed on the ODP within each of the two zoning districts are permitted on their proposed locations in accordance with the permitted use standards set forth in Article 4 of the Land Use Code. The COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT