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Home My WebLink About08/14/2020 - Planning And Zoning Board - Agenda - Work Session * Work session times are approximate and are subject to change without notice. Jeff Hansen, Chair Virtual Meeting Michelle Haefele, Vice Chair 281 N. College Avenue Per Hogestad Fort Collins, Colorado David Katz 80524 Jeff Schneider William Whitley Planning and Zoning Hearing will be held on Thursday, August 20, 2020, in City Hall Chambers. Regular Work Session August 14, 2020 Virtual Meeting Noon - 3:00 pm Planning and Zoning Board Work Session Agenda Participation for this remote Planning and Zoning Board work session will be available online or by phone. No one will be allowed to attend in person. Public Attendance (Online): Individuals who wish to attend the Planning and Zoning work session via remote public participation can do so through Zoom at https://zoom.us/j/95359491339. Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 11:45 a.m. on August 14, 2020. Attendees should try to sign in prior to 12:00 p.m. if possible. In order to attend: Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. If you have any technical difficulties during the hearing, please email kclaypool@fcgov.com. Public Attendance (Phone): If you do not have access to the internet, you can call into the work session via phone. Please dial: +1 253 215 8782 or +1 346 248 7799, with Webinar ID: 953 5949 1339. (Continued on next page) Packet pg. 1 City of Fort Collins Page 2 TOPICS: PROJECTED TIMES: Consent: 1. July Hearing Draft Minutes 2. Spring Creek Rezone Correction of Map Errors (Everette) 12:00 – 12:15 Discussion: 3. Fischer Rezoning (Mapes) 4. Wells Fargo Parking Lot Addition of Permitted Use (Overton) 5. Planning & Zoning Board Bylaws (Everette/Yatabe) 12:15 – 1:30 Policy and Legislation: • Annual Land Use Code Updates (Beals) 1:30 – 2:15 Board Topics: • Oil & Gas Update (Smith/Archuleta) • Transportation Board Liaison Update (York) 2:15 – 3:00 The meeting will be available beginning at 11:45 a.m. Please call in to the meeting prior to 12:00 p.m., if possible. Once you join the meeting: keep yourself on muted status. If you have any technical difficulties during the meeting, please email kclaypool@fcgov.com. The August 20 Planning and Zoning Board regular meeting will be available online, remotely and in- person. Information on participating in the August 20 Planning and Zoning regular meeting is contained in the agenda for the August 20 meeting available at https://www.fcgov.com/cityclerk/planning-zoning.php. Members of the public wishing to submit documents, visual presentations, or written comments for the Board to consider regarding any item on the agenda must be emailed to kclaypool@fcgov.com at least 24 hours prior to the August 20 meeting. Packet pg. 2 Development Review Staff Report Work Session Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Board: August 14, 2020 Annual 2020, Revisions, Clarification and Additions to the Land Use Code Summary of Request This is an introduction to the proposed annual Land Use Code changes. This is the first half of the proposed revisions, clarifications and additions to the Code that address a variety of subject areas that have arisen since the last annual update in the Summer 2019. Next Steps ✓July Planning and Zoning Board Work Session •August Planning and Zoning Board Work Session •September Planning and Zoning Board Work Session •September Planning and Zoning Board Regular Meeting •Council Regular Hearing to be scheduled Applicant City of Fort Collins PO Box 580 Fort Collins, CO 80522 Staff Noah Beals, Senior City Planner-Zoning Contents 1.Introduction 2.Summary List Beals - Land Use Code Update Packet pg. 3 2020 Annual Land Use Code Update Summary List of Proposed Changes Topic LUC Sections Problem Statement Staff Delegation of authority by the Director, to other professional City Staff 1.4.9(E) The change to the Land Use Code of defining Director as the CDNS Director instead of the PDT Director has brought up the concern of duties that the PDT Director has delegated authority to staff outside of CDNS (such as the City Engineer) is now problematic as the CDNS Director can only delegate to sub-ordinate staff under this code section. Yatabe,Virata PDP-FDP Compliance- provide clarity 2.4 & 2.5 LUC Sections 2.4 and 2.5 for Project Development Plan and Final Plan (respectively) contain several incorrect cross references and duplicative notes. This has led to confusion amongst staff and applicants about which Steps of the process apply and/or are required at the time of PDP/FPD. Will Lindsey Landscaping-Artificial Turf 3.2.1 Staff has had inquiries and proposals about using artificial turf. One recent example was The Exchange, which has a central plaza space that was originally a lawn area. The Land Use Code does not recognize special use outdoor areas where artificial turf would be appropriate. Clark Mapes Beals - Land Use Code Update Packet pg. 4 2020 Annual Land Use Code Update Landscape- Foundation Planting 3.2.1(E)(2)(d) A numerical standard requires foundation planting strips along building walls: Exposed sections of building walls that are in high-use or high-visibility areas of the building exterior shall have planting beds at least five (5) feet wide placed directly along at least fifty (50) percent of such walls. Often, this is not the most appropriate treatment around commercial buildings, where walkways or plazas abutting the building are more appropriate. -Where space is limited between buildings and parking lots, it is often a better solution for walkway paving extend to the building, and use any landscape space for trees and any other landscaping in walkway cutouts to define the walkway as shaded pedestrian space alongside the building separate from the vehicle use area, rather than having the walkway framed by car bumpers on one side and shrubs on the other. As an example of this point, much of Downtown is characterized by this arrangement. Clark Mapes Landscape Alternative Compliance 3.2.1(N) Alternative compliance is an important part of Section 3.2.1 - Landscaping and Tree Protection. The criteria listed for a decision maker to consider are not the most important criteria that should be considered and are not pertinent in many situations where alternative compliance is appropriate. More important criteria are available in other subsections of 3.2.1. Clark Mapes Beals - Land Use Code Update Packet pg. 5 2020 Annual Land Use Code Update Parking Lot Surfacing and Trail connections parking 3.2.2 The LUC Parking Standards requires that parking lots be surfaced with asphalt, concrete or other material in conformance with city specifications. This requirement can be unnecessary for park and trail connection parking lots where a crushed gravel or similar surfacing material would be more than sufficient for the use and capacity of the parking area. Will Lindsey Wetlands 3.4.1(D)(2) LUC Section 3.4.D.2 regarding Wetland Boundary Delineation references four different sets of standards and guidelines that may be used to establish wetland boundaries. However, the section goes on to state that all wetland boundary delineations shall be established in accordance with the U.S. Fish and Wildlife Service wetland classification system while The U.S. Army Corps of Engineers standards and guidelines shall be used to identify the boundaries of any "jurisdictional wetland." Clarity is needed for both developers and plan reviewers regarding which set of standards should be used for any and all projects in the future. Will Lindsey Replace Big Box Retail Graphic 3.5.4 A plan graphic in this Section predates the vision and standards for incorporating large retail establishments into a more walkable town pattern, which have been developed since the original big box retail study and standards in 1995. A later plan graphic better illustrates the intended integration into a street and block pattern as opposed to a self- contained shopping center surrounded by large parking lots. Clark Mapes Beals - Land Use Code Update Packet pg. 6 2020 Annual Land Use Code Update Update the term "Street Like Private Drive" to Private Streets 3.6.2(M)(2) and (N) The code contains two terms for private streets serve the purpose of forming building sites. The distinction between the two terms is not useful and can lead to misunderstanding or create confusion. -The term ‘Private Streets’ is a longstanding term with standards in Section 3.6.2(M). It refers to streets built to City standards for public streets but retained in private ownership. It has been used extremely rarely, and appears virtually irrelevant and unlikely to be used going forward because it entails all of the cost of public streets without the benefit of City maintenance. -The term ‘Street-Like Private Drives’ is a more recent term with standards in subsection 3.6.2(N)(1)(c). It refers to street facilities that serve the public purposes of streets but with more flexibility to tailor design to the urban design context of development. This provision is used fairly often and is highly relevant in the City’s development process. Clark Mapes Measuring Building Height. 3.8.17 The measurement of building height for purposes of height limits has involved some confusion, interpretation, and the need to refer to Article 5 Definitions for information that would be appropriate in this Section. Clark Mapes Beals - Land Use Code Update Packet pg. 7 2020 Annual Land Use Code Update Requirements for Central Gathering Place "open to the public" 3.8.30 This Section requires attached and multi-family residential development projects to provide outdoor spaces and/or amenities to serve the occupants of the development, with certain standards for the spaces to be part of a formative framework and not leftover spaces. One of the ways to meet the standards is stated in 3.8.30(C)(2) is to provide a private park including meeting the following standard (with emphasis added): “Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians and open to the public.” The latter part of the standard for such privately owned outdoor space recently raised pointed questions about what is required to comply. The standard dates to the original 1997 City Plan and Land Use Code as part of an overall vision for friendly neighborhoods formed by an integral framework of streets, parks, and other public space. However, code has never stated any further requirements for being open to the public. To enforce the standard in a contended situation, it could become necessary to address complications such as public access easements, liability, fencing/gates, signage, ongoing enforcement, hours of operation, free admission, and compensation agreements where the space is off-site from a development plan. The potential complications extend beyond the simple intent and would not be worth addressing in staff’s opinion. Staff has not seen problems on the ground with these spaces. Clark Mapes Beals - Land Use Code Update Packet pg. 8 2020 Annual Land Use Code Update Possibly R-L review of single family detached 4.4(B)(1)(a)1 4.4(B)(2)(a)1 Currently, there is confusion regarding what type of review is required when constructing Single-family detached dwellings in the Residential Low zone district. This is due to the fact that the use is included in the approved use list under both basic development review and administrative (Type 1) review processes. Will Lindsey Carriage Houses and Accessory Building in the NCL, NCM, and NCB Zone District 4.7, 4.8, and 4.9 These Old Town Neighborhood zoning districts have detailed size limit standards for new construction of additional buildings in rear yards. Redundant language confuses the simple intent for this construction to be limited to 1½ stories (with any upper floor area underneath a sloping roof). The overall purpose is for neighborhood change and evolution to reflect historic neighborhood scale in careful balance with contemporary requirements and desires. The original zoning district standards have had revisions and additions over the years since they were first drafted in a special planning process in 1997, and it has become evident in recent projects that the resulting state of organization is very difficult to use and interpret. Clark Mapes Beals - Land Use Code Update Packet pg. 9 1 Oil and Gas Regulations Overview and Options 8-14-2020 Smith - Oil & Gas Regulations Packet pg. 10 DRAFT Questions for Council Discussion 2 Does Council Want To: •Use zoning to restrict new oil and gas development within city limits? •Adopt more protective setbacks than the State for new oil and development? Smith - Oil & Gas Regulations Packet pg. 11 Current Oil and Gas Operations Active Wells: •Colorado: 51,601 •Weld County: 20,065 •Larimer County: 270 •City Growth Management Area: 17 •City of Fort Collins: 10 3 Fort Collins Well (producing, injecting, shut-in or abandoned) City Limits Source: http://cogcc.state.co.us/maps.html#/gisonline (6/9/2020) Smith - Oil & Gas Regulations Packet pg. 12 Local Oil and Gas Operations North Fort Collins DOUGLAS RD TURNBERRY RD4COUNTRY CLUB RD DOUGLAS RD TURNBERRY RDCOUNTRY CLUB RD One Operator •Prospect Energy 10 Active Wells •3 Producing •5 Injecting •2 Shut-In 20 Inactive Wells Smith - Oil & Gas Regulations Packet pg. 13 Local Oil and Gas Operations 5 North Fort Collins Smith - Oil & Gas Regulations Packet pg. 14 Regulatory Agencies •Colorado Oil and Gas Conservation Commission (COGCC) •Regulate all stages of oil and gas development •New rulemakings •Colorado Department of Public Health and Environment (CDPHE) •Air regulations, health response •New rulemakings •Larimer County •Adopted new comprehensive code •City of Fort Collins •Operator Agreement (OA) •Land Use Code 6 Smith - Oil & Gas Regulations Packet pg. 15 Why Are We Here? Senate Bill 19-181: •Change in COGCC Mission from fostering responsible, balanced development to regulating in a manner that protects public health, safety & environment Results in: •Expansion of State requirements •Opportunity for increased local requirements Council Direction: •Begin developing regulations 7 Smith - Oil & Gas Regulations Packet pg. 16 COGCC Rulemakings 8 •Party status through Affiliated Local Government Coalition (ALGC) •Boulder County, Lafayette, Broomfield, Erie, Longmont, Fort Collins, Northwest CO Council of Governments •Hearings; August 24 –September 10, 2020 •Effective Date; November 1, 2020 •Flowlines •Wellbore Integrity •Mission Change •Cumulative Impacts •Alternative Location Analysis •Environmental Impacts •Wildlife Resources Smith - Oil & Gas Regulations Packet pg. 17 November 2020 Work Session Focus •Major Decision Point: •Setbacks •Zoning •Will influence •Development Standards •Operational Standards 9 Smith - Oil & Gas Regulations Packet pg. 18 Current Land Use Code 10 2013 2018 2018 Example: Hearthfire •Setback of new development near existing wells (active and abandoned) •Disclosure to future property owners •No development within floodplain •Fencing, landscaping and screening measures Smith - Oil & Gas Regulations Packet pg. 19 Existing COGCC Setbacks 11 “fostering responsible, balanced development…” BUILDING SETBACK JUSTIFICATION HIGH OCCUPANCY BUILDINGS -1000’-“Provides strong protective measures without imposing undue costs or restrictions on oil and gas exploration and production” BUILDING UNITS -500’-Same as above Smith - Oil & Gas Regulations Packet pg. 20 DRAFT COGCC Setbacks 12 “regulating in a manner that protects public health, safety & environment” BUILDING SETBACK JUSTIFICATION SCHOOLS/ CHILDCARE CENTERS -2000’-Health Impact Assessment released by CDPHE -Acute health impacts 2000’ of preproduction activities on worst case weather/ emission scenarios HIGH OCCUPANCY BUILDINGS -1500’-Now includes multi-family -Address the more acute risks to public health, safety, and welfare BUILDING UNITS -1500’ -200’ -Must meet density requirements (10 units/1500’) -Address the more acute risks to public health, safety, and welfare Smith - Oil & Gas Regulations Packet pg. 21 Existing COGCC Setbacks 13 •500’ Building Units •1000’ from HOBs •13.4% LAND AVAILABLE Drillable Areas Montava FTC Oil Field Smith - Oil & Gas Regulations Packet pg. 22 Proposed State Setbacks 14 •1500’ from Building Units •1500’ from HOBs •2000’ Schools •<7.2% LAND AVAILABLE Drillable Areas Montava FTC Oil Field Smith - Oil & Gas Regulations Packet pg. 23 2000’ Setbacks 15 •2000’ Building Units •2000’ HOBs •1.3% LAND AVAILABLE Drillable Areas Montava FTC Oil Field Smith - Oil & Gas Regulations Packet pg. 24 Zoning as a Regulatory Tool •Ensures compatibility between adjacent land uses by allowing specific land uses within each zone district. •28 zone districts within City •Most compatible zone district: Industrial Zone District 16 Smith - Oil & Gas Regulations Packet pg. 25 Zoning + Existing State Setbacks 17 •Industrial Zone District •500’ from Building Units •1000’ HOBs •<1% LAND AVAILABLE Drillable Areas Montava FTC Oil Field Smith - Oil & Gas Regulations Packet pg. 26 Zoning + 1500’ Setbacks 18 •Industrial Zone District •1500’ Building Units •1500’ HOBs •.004% LAND AVAILABLE Drillable Areas Montava FTC Oil Field Smith - Oil & Gas Regulations Packet pg. 27 Zoning + 2000’ Setbacks 19 •Industrial Zone District •2000’ Building Units •2000’ HOBs •0% LAND AVAILABLE Drillable Areas Montava FTC Oil Field Smith - Oil & Gas Regulations Packet pg. 28 Community Outreach •Mailing to property owners within 2000 feet of an active well •Meetings with developers, the operator, COGCC and CDPHE •Online questionnaire (191 responses) •Citywide posting on Nextdoor •Interactive Superboard Meeting (20 Boards represented) •Presentations to Planning & Zoning Board, Air Quality Advisory Board and Natural Resource Advisory Board •Individual phone calls and emails •2 interactive public open houses (70 attendees) •City Staff presentation •Updated city website and a new Our City project website Over 800 people directly contacted 20 Smith - Oil & Gas Regulations Packet pg. 29 Public Engagement Alignment 21 Online Questionnaire Public MeetingsSuperboardMeeting 1.No new development in City limits 2.No development within City Natural Areas Smith - Oil & Gas Regulations Packet pg. 30 Opportunities and Limitations of Options 22 OPTION OPPORTUNITY LIMITATION SETBACKS -Parameters defined by city -Protects adjacent sites from impacts -No protection of conserved land ZONING -Protects incompatible uses from impacts -Provides clarity on where new development is allowed -Aligns with how city manages growth -Industrial zone district allows several uses, including mixed-use with residential, office, parks and natural areas COMBINATION -Best protects incompatible uses within Industrial Zone District & adjacent to site -Limits any future oil and gas development Smith - Oil & Gas Regulations Packet pg. 31 Next Steps: Rulemakings •Engage in COGCC Rulemakings via ALGC •Submitted Initial Comments: June 12, 2020 •Hearings: August 24 –September 10, 2020 •Adoption: November 1, 2020 •Big Question: Division Line Between State and Local? •When local jurisdiction denies application? 23 Smith - Oil & Gas Regulations Packet pg. 32 Next Steps: Local Regs November, 2020 Council worksession •Focus on zoning and setbacks Develop Draft Code •Vet with Legal and LUC Team •Inter-Department/Service Area engagement •Additional community engagement •Engagement with Boards/Commissions Future Council worksessions on Draft code language, TBD 24 Smith - Oil & Gas Regulations Packet pg. 33 P&Z Discussion 25 •Feedback on regulatory options for siting •Feedback on public involvement to date Smith - Oil & Gas Regulations Packet pg. 34