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HomeMy WebLinkAboutIN-SITU - MODIFICATION OF STANDARDS - 46-02 - REPORTS - MODIFICATION REQUESTPhoto 1. View of Proposed In -Situ Development Parcel. (View is from north property boundary looking south toward the Cache la Poudre River.) Photo 2. Another View of the Proposed In -Situ Development Parcel. (View is from same point looking southeast.) s° 230CRAMEM9 INC. 916 Willshire Ave. • Fort Collins, Colorado 80521 • (970) 493-4394 September 27, 2002 Linda Ripley VF Ripley Associates, Inc. 401 W. Mountain Ave. Fort Collins, CO 80521 RE: Preliminary Ecological Characterization of the Proposed In -Situ Development Site (-4 acres immediately east of Team Petroleum at 105 Lincoln) I reviewed the habitat characteristics of the subject property on September 24, 2002. The nearly level site has been disturbed by past ground clearing activity and currently does not support any natural communities, habitats, or native vegetation except for two relatively young cottonwoods at the southern property edge. The City Forester may classify the two cottonwood trees as significant if they are non - cotton bearing. The remaining vegetation supported on site consists entirely of non-native grasses and annual weedy species. Dominant species noted during the site survey included smooth brome (Bromopsis inermis), crested wheatgrass (Agropyron cristatum), kochia (Bassia sieversiana), Russian thistle (Salsola australis), and leafy spurge (Euphorbia esula). The entire site had been mowed (presumably for weed control) and vegetation height was generally less than 3 inches. No vegetation, soils, or hydrologic evidence of wetlands is present on the property. Photos 1 and 2 provide representative views of the property. Because of its current degraded condition and lack of vegetation cover there is no significant wildlife use of the property. In spite of its proximity to the Poudre River Corridor, the site does not provide any suitable habitat for Ute ladies' -tresses orchid or Preble's meadow jumping mouse. The lack of wetlands and suitable vegetation cover precludes the potential presence of these two species. The only natural habitat area within 500 feet of the property is the Cache la Poudre River corridor. The river corridor is located immediately south of the property and is separated from the property by the Poudre River Trail. The City's 300-foot buffer setback from the river would apply to development on the development parcel unless a variance from the Planning and Zoning Board can be obtained. . Linda, this concludes my initial assessment of the possible In -Situ development site. If you have any questions, please give me a call. Sincerely, C EDAn CP EEK AssocNAT Es, INC. T. Michael Phelan Wildlife Ecologist attachment • Being a water testing and monitoring company, In -Situ wants to demonstrate responsible environmentally sensitive design and development. They view this site as an opportunity to demonstrate that development can be environmentally sensitive by creating an environment that improves wildlife habitat and enhances the Poudre River Corridor. • By utilizing sensitive site -planning and creative architecture, the Poudre River Corridor can be buffered from vehicular impacts of Lincoln Avenue as well as from the parking lot associated with this project. • By locating adjacent to the river, In -Situ can monitor water quality in the river utilizing their equipment and make this information available to the City. Regarding the "Frequent view/access." requirement: • In-Situ's operational structure requires a building footprint that accommodates 41,625 square feet on the ground floor. While it is anticipated that the first phase of the building will be approximately 25,000 square feet, the site needs to accommodate the full 41,625 square feet. Designing a building that was only 125 feet wide parallel to the river would require the building to encroach into the buffer even further. • The south side of the building will face the Poudre River Corridor and connect to the Poudre River Trail, providing a strong bike /pedestrian connection linking this employment use with Old Town and the City's larger recreational/commuter trail system. • Parking located adjacent to the buffer will be well screened with screen walls and plant material. • The site plan and the architectural design of the building work together to create a strong and attractive visual appearance from both the Poudre River Trail and Lincoln Avenue. As proposed, the design of the project would not degrade the existing ecological character, which is very poor. A primary goal of the project is to upgrade the ecological character and enhance wildlife use. (t) The project shall be designed to integrate with and otherwise preserve existing site topography, including but not limited to such characteristics as steepness of slopes, existing drainage features, rock outcroppings, river and stream terraces, valley walls, ridgelines and scenic topographic features. The developable site is flat and featureless (g) The project shall be designed to enhance the natural ecological characteristics of the site. if existing landscaping within the buffer zone is determined by the decision maker to be incompatible with the purposes of the buffer zone, then the applicant shall undertake restoration and mitigation measures such as regrading and/or the replanting of native vegetation. Replacing the existing non-native and weedy species with native trees, shrubs and groundcovers is a project objective. (h) The project shall be designed to provide appropriate human access to natural habitats and features and their associated buffer zones to provide for passive recreational uses such as hiking, fishing, photography, nature observation and environmental education consistent with the goals and objectives of the Natural Areas Policy Plan and the General Management Guidelines for City -Owned Natural Areas and Open Spaces, provided that such access is compatible with the ecological character and wildlife use of the natural habitat or feature. The project will include a trail connection between the Poudre River trail and the building. In summary: Regarding encroachment into the buffer zone: • The applicant proposes to create a native landscape and wildlife habitat where currently none exist. Utilizing a variety of plant material species including trees, shrubs and groundcovers, the applicant will significantly enhance this section of the Poudre River Corridor over what exists today. By planting trees and shrubs on the southern half of the site, the existing wildlife corridor along the River will be more buffered from automobile impacts and other human disturbances than it is today. (c) The project shall be designed to preserve significant existing trees and other significant existing vegetation on the site. Two existing cottonwood trees are within the buffer zone which will require evaluation from the City Forester and may not be necessarily removed. ( See Preliminary Ecological Characterization letter from Cedar Creek Associates 'attached). (d) The project shall be designed to protect from adverse impact species utilizing special habitat features such as key raptor habitat features, including nest sites, night roosts and key feeding areas as identified by the Colorado Division of Wildlife or in the Fort Collins Natural Areas Policy Plan (NAPP); key production areas, wintering areas and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; key use areas for migrant songbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas as identified by the Colorado Division of Wildlife or NAPP; prairie dog colonies over fifty (50) acres in size as included on the Natural Habitats and Features Inventory Map; key areas for rare, migrant or resident butterflies as identified in the NAPP; areas of high terrestrial or aquatic insect diversity as.identified in the NAPP; remnant native prairie habitat; mixed foothill shrub land; foothill ponderosa pine forest; plains cottonwood riparian woodlands; and any wetland greater than one -quarter (114) acre in size. There are no key habitat areas associated with the site. The applicant, however, is committed to developing a wetland area that would increase wildlife habitat potential and demonstrate responsible, ecologically sensitive development. A wetland habitat would also provide the company with an opportunity to demonstrate their water monitoring equipment. (e) The project shall be designed so that the character of the proposed development in terms of use, density, traffic generation, quality of runoff water, noise, lighting and similar potential development impacts shall minimize the degradation of the ecological character or wildlife use of the affected -natural habitats or features. JUSTIFICATION The primary justification for this proposal relating to the Modification Criteria Section 2.8.2(H)(1) is that the proposed plan will serve the standard equally well or better than would a plan which complies with the standard. We believe that the proposed project meets this criterion in the following ways: Regarding encroachment into the 300-foot buffer and the view access requirements: The Land Use Code provides guidance regarding under what circumstances buffer zones can or should be modified. The buffer zone performance standards are described below: (1) Buffer Zone Performance Standards. The decision maker shall approve buffer zones for each natural habitat or feature contained in the project site. The buffer zones may be multiple and non-contiguous. The general buffer zone distance shall be established according to the criteria contained in the table below (in this case 300 feet), but the decision maker may modify any portion of the general buffer zone distance provided that the performance standards set forth below are achieved. This may result in buffer zones of either greater or lesser distance than those specified in the table below. The ' decision maker may also modify such buffer zone distance if the strict application of this subsection will impose an exceptional and undue hardship upon the property owner or developer. The buffer zone performance standards are as follows: (a) The project shall be designed to preserve or enhance the ecological character or function and wildlife use of the natural habitat or feature and minimize or adequately mitigate the foreseeable impacts of development. The ecological character of the buffer zone will be greatly enhanced over what exists today. The non-native and annual weedy species will be replaced with a variety of native trees, shrubs and groundcovers that will not only buffer the river corridor, but create wildlife habitat where currently none exists. The applicant commits to working closely with City Staff on this enhancement program. (b) The project shall be designed to preserve or enhance the existence of wildlife movement corridors between natural features, both within and adjacent to the site. Preliminary concept sketches for the new facility indicate that development may encroach into the 300-foot buffer zone by as much as 30-45%. It is clear that the site cannot accommodate the facility and proposed expansion without encroaching more than the 20% allowed by Code. Despite this stumbling block, the owners believe their project and this site are compatible because of the reasons stated above. Initial conversations with the Division of Natural Resources and Planning have been positive. In discussions with City `staff, alternative conceptual siteplanswere evaluated. The Natural Resource Staff stated a strong preference for a building orientation that would buffer the Poudre River Corridor from parking areas and Lincoln Avenue. The disturbance associated with vehicles and automobile emissions were cited as concerns that prompted.staff to encourage a building orientation that buffers the Corridor from the influence of automobiles. Representatives from both Current and Advanced Planning departments pointed out that the Zoning District requires view/access corridors along the river and requires parking to be located to the interior of a project or in side yards. The current concept places the building in the northeast corner of the site with the parking predominantly in the east side yard. However the building axis parallel to the river is wider than the maximum 125 feet allowed by Code without a Modification. The requests are for: (1) A modification to allow disturbance or construction activity within the 300- feet buffer zone, as defined in Section 3.4.1 (E)(2). (2) A modification to allow the building along the axis of the river from the 125 feet wide allowed by Code to a maximum of 255 feet wide, leaving a view / access corridor of approximately 115 feet. space used for research and development, software, sales, administration and meetings. LOCATION AND CONTEXT The McKee brothers would like to develop their new facility on approximately four acres. of land located on the south side of East Lincoln Avenue between Team Petroleum and Alliance , Construction. The site borders the Poudre River for approximately 211 feet along its southern boundary. The site is attractive to In -Situ because it is located along the river and because of its proximity to Old Town. Since In -Situ is an environmental company, the owners would like to create a facility that demonstrates environmentally responsible design and development. With the exception of two young cottonwood trees along the southern edge of the property, the site currently does not support any natural commuhities, habitats, or native vegetation. (See Preliminary Ecological Characterization letter from Cedar Creek Associates attached.) The McKee brothers see the site as an opportunity to replace the existing non-native vegetation and weedy species with a native Colorado landscape.that would include a variety of plant species and wildlife habitats. They are particularly interested in creating a wetland habitat on -site in order to demonstrate water quality testing and monitoring utilizing their equipment. In addition, they have offered to utilize their equipment to test and monitor the quality of water in the Poudre River at their site and provide the City with on- going data regarding water quality. Being located along the Poudre River bike trail and in close proximity to Old Town are positive aspects for employees. The owners are hopeful that many of their employees will bike to work rather than drive their cars. The bike trail provides convenient access and close proximity to Old Town and creates opportunities for employees to do errands, shop and/or eat lunch without having to drive. EXPLANATION OF MODIFICATION REQUESTS Per the City's Land Use Code, the project is required provide a 300- foot buffer from the Poudre River. The buffer distance can be averaged, but no more than a 20% encroachment can be allowed, without a modification, as measured from the top of bank. loss suffered by the community because of the disturbance, and shall be based on such mitigation and restoration plans and reports as have been requested, reviewed and approved by the decision maker..." Modification request No. 2: This request is for a modification to the "Frequent Views/Access." requirement as outlined in the Community Commercial — Poudre River District, City of Fort Collins Land Use Code. The modification being requested is from section 4.16 (D)(3)(a)(3. ), Buildings. Frequent views/access. This regulation reads as follows: 3. Frequent views/access. No building wall shall exceed on hundred twenty-five (125) feet on the axis along the River. PROJECT DESCRIPTION In -Situ Inc. is recognized as a premier manufacturer of environmental monitoring equipment. Around the world, water quality is fast becoming a primary environmental concern for industrialized and developing nations alike. The expertise of professionals is required to protect and ensure the safety of groundwater and surface water resources. In-Situ's mission is to provide these experts with the tools they need for reliable, accurate assessment of site conditions, specifically for surface and ground water monitoring. The company, owned and operated by brothers Craig and Christopher McKee, was originally established in Laramie, Wyoming in 1978. The present facility occupies several historic buildings in downtown Laramie and employs 65 people. The McKee brothers want to design a new facility that will not only enhance their current operation but will provide them with expansion capability. In addition, the move will bring them closer to vendors they work with and customers they serve as well as help them attract top quality employees and ultimately make them more competitive in the marketplace. In -Situ has relationships with numerous vendors along the Front Range that provide the actual manufactured parts per design specifications that are used in the monitoring instruments. Approximately 20% of the company's space is devoted to light assembly of parts, while the remaining space is essentially office L] November 19, 2002 YF RIPLEY ASSOCIATES INC. Landscape .ArchiteCturc Urban Deslan Planninv 401 Wc,t Moun un A!Callt Sunc'01 Fun Collin,. CD &h_ 1-_'6LL6 PHONE (970) 114-�818 FAX i970i '24 166'_ Modification Requests In -Situ Inc. — Proposed New Office/ Light Industrial Building on Lincoln Avenue Modification Request No. 1: This request is for a modification to the " Buffer Zone Performance Standards" requirements as outlined in the Fort Collins Land Use Code. The modification being requested is from section 3.4.1 (E)(2) Development Activities Within the Buffer Zone. This regulation reads that: "No disturbance shall occur within any buffer zone and no person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any area, including vegetation within natural habitats or features including without limitation lakes, ponds, stream corridors and wetlands... " And is further defined as: `If the development causes any disturbance within the buffer zone, whether by approval of the decision maker or otherwise, the applicant shall undertake restoration and mitigation measures within the buffer zone such as regrading and/or the replanting of native vegetation. The applicant shall undertake mitigation measures to restore any damaged or lost natural resource either on -site or off -site at the discretion of the decision maker. Any such mitigation or restoration shall be at least equal in ecological value to the