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
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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
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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
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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
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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
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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
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April 20, 2006 Planning & Zoning Board Hearing
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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
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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
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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
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