CITY COUNCIL AGENDA MEMORANDUM

Transcription

1 City and County of Broomfield, Colorado CITY COUNCIL AGENDA MEMORANDUM To: Mayor and City Council From: Charles Ozaki, City and County Manager Prepared by: Kevin Standbridge, Deputy City and County Manager David Shinneman, Community Development Director John Hilgers, Planning Director Anna Bertanzetti, Principal Planner Meeting Date Agenda Category Agenda Item # October 13, 2015 Council Business 11(a) 1. Public Hearing on Proposed Use by Special Review for Discovery Church to Allow a Riding Academy (Therapy Riding) in the A-1 (Adams Legacy) and Transitional Overlay Area Districts Agenda Title: Property Location: Northwest corner of Zuni Street and W. 144 th Avenue Applicant: Discovery Church 2. Consideration of Proposed Resolution No , Regarding the Application Summary The applicant requests approval of a use by special review for a riding academy. The riding academy would be operated by licensed horse therapists who serve students with social-emotional, physical, or cognitive limitations. The riding academy would utilize land owned by Discovery Church, but would be operated by specialists who are not affiliated with the church. The riding lessons would occur within a 9,600 square foot fenced, outdoor riding area south of the overflow parking area for Discovery Church. The riding academy would be used during daylight hours for lessons three to four days per week. Horses would be trailered to the site by the therapists for lessons and then would be trailered off the site when therapy sessions are complete. Horses would stay eight hours or less per day. A loafing shed (three sided shed) would be constructed adjacent to the riding ring to provide shade for horses and clients. The shed is proposed as a ten foot high structure and would be approximately 12 feet by 24 feet in size. The shed would be painted light beige. On September 14, 2015, the Planning and Zoning Commission (P&Z) recommended approval of the proposed use by special review with one condition by a unanimous vote as follows: the applicant shall revise the use by special review site plan to include a wooden fence rather than a metal fence. The applicant has revised the site plan to include a wood fence with a total height of five and one half feet. The wooden fence was proposed by the applicant during the Planning and Zoning Commission public hearing since the applicant believed the wooden fence would have a better overall appearance and the Commission agreed. Approval of Resolution No would approve the use by special review for a riding academy in the A-1(A) and Transitional Overlay Area Districts (TOAD). Prior Council Action City Council has taken the following actions: The area was annexed in 2001 and retained the A-1 zoning from Adams County. A concept plan for church uses was considered in August The TOAD was adopted in 2006 to guide specified types of development along W. 144 th Avenue. A second concept plan for two church buildings and two office buildings was considered on October 7, A use by special review was approved for Discovery Church in the A-1 (A) zone district on October 12, 2010, by Resolution No Financial Considerations The proposal is consistent with the land use assumptions in the Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards and is consistent with the intent of the Comprehensive Plan: o Approval If the proposed application does not comply with applicable BMC review standards or is inconsistent with the intent of the Comprehensive Plan: o Remand the case to the Planning and Zoning Commission for additional review and recommendations; o Postpone action on the resolution and continue the hearing to a date certain; or o Direct the City and County Attorney to draft findings to support denial of the application. Proposed Actions/Recommendations Hold the public hearing. If Council wishes to approve the application, it is recommended That Resolution No be adopted. 11(a) - Page 1

2 Page 2 DISCOVERY CHURCH RIDING ACADEMY USE BY SPECIAL REVIEW IN A-1(A) AND TRANSITIONAL OVERLAY AREA DISTRICTS Report Contents Subject Page I. SUMMARY OF APPLICATION 3 Property Owner and Applicant 3 Concept Review 3 II. ZONING AND STATUS OF THE DEVELOPMENT 4 Zoning 4 Status of the Development 5 III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS 5 Relationship to Comprehensive Plan and Financial Plan 5 IV. AREA CONTEXT 6 Area Context and Property Location 6 Surrounding Land Uses 7 V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF 7 REVIEW Description 7 Background/Base Data 7 Site Layout 7 Zoning 8 Access and Circulation 8 Parking 8 Architecture 9 Landscaping 9 Lighting 9 Utilities and Site Maintenance 9 Neighborhood Outreach 9 VI. STAFF REVIEW OF KEY ISSUES 10 VII. PLANNING AND ZONING COMMISSION RECOMMENDATION 10 VIII. APPLICABLE MUNICIPAL CODE STANDARDS 10 11(a) - Page 2

3 Page 3 I. SUMMARY OF APPLICATION The proposal is for a therapy riding academy on approximately 10,000 square feet of an existing nine acre site. The site is currently improved with an overflow parking lot for Discovery Church, which is located on the adjacent parcel. The improvements proposed for the site include an 80 foot by 120 foot fenced riding area and a 12 foot by 24 foot loafing shed. These improvements would be utilized during daylight hours when horses are brought to the property for lessons. Horses would not be kept on the property overnight. Lessons would occur approximately three to four days per week. Lessons would occur when the church was not holding services to ensure adequate parking for both uses. Property Owner and Applicant The property is owned by Discovery a Christian Church represented by Becky Eades. The applicant is the same. The applicant also owns the nine acre parcel to the west of the subject site. The church is located on the west parcel with only the overflow parking located on the same lot as the proposed horse therapy use. Concept Review A concept review is not required prior to submitting an application for a use by special review. 11(a) - Page 3

4 Page 4 Zoning II. ZONING AND STATUS OF THE DEVELOPMENT The property is zoned A-1 (Adams) and is in the Transitional Overlay Area District (TOAD) along W. 144 th Avenue. Broomfield amended the Broomfield Municipal Code (BMC) to officially adopt the Adams County A-1 as a zone district and, in BMC, allows Riding stable or riding academy to be a use by special review in the A-1 (A) District. As a use by special review, the proposal must be evaluated according to the criteria included in the Municipal Code which are: the ability to blend with the character of the surrounding neighborhood, the desirability and need for the use in the specific area of the community, and any adverse environmental influence that might result from its location. As part of a use by special review, the applicant is required to submit a site plan that shows the location of the building, off-street parking areas, off-street loading areas, service and refuse areas, ingress and egress to the property, major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help in evaluation of the proposal. The site plan submitted with the use by special review does not need to comply with all technical requirements for a site development plan as typically required in Planned Unit Development Districts. The Transitional Overlay was incorporated into the 2005 Comprehensive Plan and the Broomfield Municipal Code in The Transitional Overlay areas are located in neighborhoods that are designated Rural Residential and located within 660 feet of the center line of a principal arterial (as designated in the 2005 Broomfield Comprehensive Plan). These areas are appropriate for residential, office, personal service, and other non-residential uses such as a bed-and-breakfast inn, live/work space, school, day care facility and other similar uses as identified in the Broomfield Municipal Code. The TOAD encompasses the area north of W. 144th Avenue from Lowell Boulevard to Zuni Street. The code provisions for the TOAD were adopted as an overlay zone, and coexists with the underlying zone when certain uses are requested. The Broomfield Municipal Code (BMC) in states the requirements of the TOAD are in addition to the requirements of the underlying zone district and supersede those requirements. The TOAD is applied where the following uses are requested: A) Permitted uses. (1) Permitted office uses shall include offices and clinics for medical and professional uses such as doctors, dentists, optometrists, insurance agents, real estate brokers, lawyers, accountants, medical and veterinary clinics, and other similar uses. (2) Permitted personal service uses shall include beauty shops, dog grooming, and other similar uses. (3) Other permitted uses shall include bed-and-breakfast inn, art gallery/studio, live/work space, school/preschool, day care facility, and other similar uses. With regard to the therapy riding lessons application, the lessons are not subject to the TOAD because it is not listed as a permitted use within the TOAD. However, the riding lessons use is permitted with approval of a use by special review within the A-1 (A) District. 11(a) - Page 4

5 Page 5 Status of the Development The property is located on the north side of W. 144 th Avenue. The area is zoned A-1 (A), but due to the arterial status of W. 144 th Avenue there has been pressure for commercially oriented development. In 2006, the City Council adopted the TOAD to guide the evaluation of development proposals within the area that lies within 660 feet north of the W. 144 th Avenue centerline (from Lowell Boulevard to Zuni Street). One of the goals of the TOAD was to allow limited commercial uses with buffering for the residential areas to the north. To date, one office complex (Broomfield Professional Campus) has been approved and constructed along W. 144 th Avenue using the TOAD guidelines. Discovery Church is the owner of the lot on which the riding lessons would take place and is the applicant for the use by special review. Discovery Church completed construction on a 19,950 square foot church on the property immediately west of the horse riding area. An overflow parking lot for the church is located on the same lot as the proposed horse riding area. III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan The Broomfield Comprehensive Plan designation for the proposed development is Rural Residential with a Transitional Overlay. The map provided below shows Broomfield s Comprehensive Plan Land Use Map with the location of the subject property identified. 11(a) - Page 5

6 Page 6 Financial Plan The proposal is consistent with the land use assumptions established in the Long Range Financial Plan and does not change estimated long range revenues or expenditures. Goals and Policies The following Comprehensive Plan goals should be considered in evaluating this proposal: Goal CS-I: Health Care, Public Health, and Human Services - In partnership with the community, promote innovative and exceptional health care, public health, and human services. AREA CONTEXT Area Context and Property Location The property is located west of Zuni Street on the north side of W. 144th Avenue. The detail map below shows the proposed development boundary over an aerial photograph. 11(a) - Page 6

7 Page 7 Surrounding Land Uses ADJACENT USE/ZONING COMPREHENSIVE PLAN DESIGNATION North Single Family / A-1(Adams) Rural Residential South Single Family Residential /PUD Neighborhood Residential East Single Family Residential / Adams County Adams County West Church / A-1(Adams) with TOAD Overlay Transitional Overlay Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The Discovery Church is requesting a use by special review to allow riding lessons on the property east of the church building. The riding lessons would not be operated by the church, but instead would be conducted by certified therapy riding instructors. These instructors would bring horses to the property on days there are lessons (three to four days a week). Small classes would be held with one to four participants in each class. To accommodate the riding lessons, the church plans to construct a loafing shed (three sided building with roof to provide shade for horses) and a fenced riding area. These improvements would be constructed immediately south of the overflow parking area for the church. Background/Base Data 1. PROPERTY OWNER Discovery a Christian Church 2. APPLICANT Discovery a Christian Church 3. PROPERTY LOCATION North of W. 144 th Avenue, West of Zuni Street 4. PROPERTY SIZE 9 acres 5. CURRENT ZONING A-1 (Adams) and TOAD 6. PROPOSED ZONING A-1 (Adams) and TOAD 7. CURRENT LAND USE Overflow Parking for Adjacent Church 8. PROPOSED LAND USE Riding Academy 9. COMPREHENSIVE PLAN DESIGNATION Rural Residential Site Layout The existing church is located on the west side of the property owned by Discovery Church. A drive aisle is constructed on the east side of the church to provide direct access to W. 144th Avenue. An overflow parking lot is constructed on the subject property connecting to the drive aisle on the east side of the church and continuing east to Zuni Street. 11(a) - Page 7

8 Page 8 The picture above is taken from W. 144th Avenue looking northwest across the property. The applicant is proposing to construct a fenced riding area south of the overflow parking lot. The fence would be wood with a total height of five and one half feet. A 288 square foot loafing shed would be constructed on the west side of the fenced riding area. The loafing shed would provide shade for horses during the day. The horses would not be kept on the property overnight. Zoning The property is zoned A-1 (Adams) and is in the TOAD. The horse riding lessons (riding academy) is a use by special review. As part of the use by special review, the character of the surrounding neighborhood must be considered. The surrounding area includes rural residential lots. Residents are permitted to keep horses on their property. The proposal to allow riding lessons is consistent with the agricultural character of the area given that the scale of the riding academy is small (one to four students per class) during daylight hours. Access and Circulation There are three existing access points for the property. The primary access for the riding lessons will be from W. 144 th Avenue via the drive located on the east side of the church. This access is approximately halfway between Clay Street and Zuni Street. A second access drive is provided from the overflow parking lot to Zuni Street. A third access drive is available to Clay Street, but is expected to receive less use since it is the farthest from the riding academy area. Parking The proposed riding lessons would occur immediately south of the overflow parking lot. Customers of the riding academy would be able to utilize parking spaces within the overflow parking lot. The overflow parking lot has a gravel surface. The A-1(A) zoning district allows gravel surface for parking lots. 11(a) - Page 8

9 Page 9 Architecture The site plan includes a 12 foot by 24 foot loafing shed. A loafing shed is typically a three sided building with a roof and is used to provide shade for horses. Sometimes loafing sheds will have a partial fourth wall to enclose the space for supply storage. The applicant has not indicated the exact model for the loafing, but has indicated it would be something similar to the following picture. The shed would be painted light beige and would have a height of ten feet. Landscaping The area inside the fence will be surfaced with a crushed rock bottom layer and a top layer of sand/soil to create a safer riding surface. No other new landscaping is proposed. Lighting The applicant is not proposing new lighting at the facility. All lessons will occur during daylight hours only and horses will not be kept on the property overnight. Utilities and Site Maintenance The applicant is not proposing to provide water service to the site. Water will be brought in to the site each day by the horse owners. Participants in the program will bring their own water for drinking and would be able to utilize the church restrooms. Some horse waste will be composted on the site for future use at the community garden and excess waste will be removed from the site after each day's lessons. Neighborhood Outreach A neighborhood meeting was held September 13, 2015, regarding the use by special review request. The meeting was attended by one individual who remained uncertain regarding the application and specifically had concerns regarding whether the therapeutic riding academy would impact property values. The applicant also went door-to-door to reach out to adjacent property owners (visited 30 residences on the north, west, and east sides of the property) and received generally positive feedback on the proposal. 11(a) - Page 9

10 Page 10 VI. STAFF REVIEW OF KEY ISSUES There are no key issues identified for the proposed use by special review. VII. PLANNING AND ZONING COMMISSION RECOMMENDATION On September 14, 2015, the Planning and Zoning Commission held a public hearing concerning the proposed use by special review. The Commission recommended approval of the proposed use by special review with one condition by a unanimous vote of six to zero. The condition is listed below as well as the applicant's response (in italics). 1. The applicant shall revise the use by special review site plan to include a wooden fence rather than a metal fence. The applicant has revised the site plan to include a wood fence with a total height of five and one half feet. The wooden fence was proposed by the applicant during the Planning and Zoning Commission public hearing since the applicant believed the wooden fence would have a better overall appearance and the Commission agreed. VIII. APPLICABLE MUNICIPAL CODE STANDARDS A public hearing is required. At the conclusion of the public hearing, the City Council reviews the application based on the following provisions of the BMC. USE BY SPECIAL REVIEW Approval required. Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the planning and zoning commission Request; submittal when. All requests for a use permitted by special review shall be submitted in writing to the secretary of the planning and zoning commission meeting and shall include an application fee of $ Application; contents. (A) The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, off-street loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help the planning and zoning commission to make a reasonable recommendation Request; review. The planning and zoning commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter (A) Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title Request; recommendation; conditions. After completing its review of a special review request, the planning and zoning commission shall submit its written report and recommendation to the city council. The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community. 11(a) - Page 10

11 Page Request; approval, conditional approval; denial. The city council shall consider the request and the planning and zoning commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter Decision to be stated in official minutes. Any decision of the planning and zoning commission or city council on special reviews shall state in the official minutes the reasons for such decision Approval; period; void when. All special review requests approved by city council prior to January 1, 1988, shall be valid for one year from the approval date. All special review requests approved by city council after January 1, 1988, shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved by the city council. 11(a) - Page 11

12 RESOLUTION NO A RESOLUTION APPROVING A USE BY SPECIAL REVIEW FOR DISCOVERY CHURCH TO ALLOW A RIDING ACADEMY (THERAPY RIDING) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. Pursuant to the provisions of chapter Broomfield Municipal Code, Discovery Church Use by Special Review, attached hereto, is hereby approved. Section 2. This resolution is effective upon its approval by the City Council. APPROVED on October 13, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City and County Clerk APPROVED AS TO FORM: City and County Attorney 11(a) - Page 12

13 DISCOVERY CHURCH HORSE THERAPY USE BY SPECIAL REVIEW 2605 W. 144 AVENUE CITY AND COUNTY OF BROOMFIELD, STATE OF COLORADO Page 1 of 2 Owner and Address: Discovery Christian Church 2605 W. 144 th Avenue Broomfield, CO Legal Description: Lot 64 Except the South 30 feet and the East 30 feet thereof Signature: Reserved for road purposes, Wilcox Subdivision of Section 17, Township 1 South, Range 68 West, City and County of Broomfield, State of Colorado. Property Owner: Date: Steve Cuss, Pastor Discovery Christian Church 2605 W. 144 th Avenue Broomfield, CO Use: Discovery Christian Church would like to build a horse arena to be used by local, licensed horse therapists who serve people in the community with social-emotional, physical, and cognitive limitations. These equine specialists have established clientele and will provide one-on-one or small group sessions using the horse as a therapy modality to work toward the individualized goals of each client. These therapists will use 1-4 horses per session, 3-4 days per week. Horses will be brought to Discovery each day by trailer, no horses or trailers will stay on site overnight. While Discovery is providing the use of the arena, these specialists are not affiliated with the church. No activities associated with the horse arena will be scheduled when services are being held at the church and no lessons will occur outside of the fenced riding area. The riding arena will not be lighted and the horse owners will bring water in with their horses. Restroom facilities within the church building will be available for use by therapists and participants. APPROVALS: PLANNING AND ZONING COMMISSION: This use by special review is recommended for approval by the Planning and Commission on this day of, Materials: Fence: wooden fence not to exceed 5'6" high. Loafing Shed: 12'x24' 10' height, 3-sided steel livestock shed in light beige. Arena Base: the arena will be covered in a footing material for the safety of the horses and participants consisting of a crushed rock bottom layer with a sand/soil mi on top. Chairman Secretary CITY COUNCIL: This use by special review is hereby approved by the City Council of the City and County of Broomfield on this day of RECEIVED Mayor City Clerk SEP PLANNING 11(a) - Page 13

14 DISCOVERY CHURCH HORSE THERAPY USE BY SPECIAL REVIEW 2605 W. 144 AVENUE CITY AND COUNTY OF BROOMFIELD, STATE OF COLORADO Page 2 of 2 a ** 11(a) - Page 14