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HomeMy WebLinkAbout08/13/2015 - Planning And Zoning Board - Agenda - Regular MeetingPlanning and Zoning Board Page 1 August 13, 2015 Jennifer Carpenter, Chair City Council Chambers Kristin Kirkpatrick, Vice Chair City Hall West Jeff Hansen 300 Laporte Avenue Gerald Hart Fort Collins, Colorado Emily Heinz Michael Hobbs Cablecast on City Cable Channel 14 Jeffrey Schneider on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing August 13, 2015 6:00 PM • ROLL CALL • AGENDA REVIEW • CITIZEN PARTICIPATION (30 minutes total for non-agenda and pending application topics) • CONSENT AGENDA 1. Draft P&Z July 9, 2015, Hearing Minutes The purpose of this item is to approve the draft minutes for the July 9, 2015, Planning and Zoning Board hearing. 2. East Ridge Amended Overall Development Plan PROJECT DESCRIPTION: This is a request to amend the existing Overall Development Plan (O.D.P.), approved by the Planning and Zoning Board on August 26, 2005, and as amended on June 8, 2012. The site is located at the southeast corner of East Vine Drive and Timberline Road. The general intent of the proposed amendments is to remove and/or consolidate small unusable size parcels and provide greater specificity of uses while developing a more cohesive open space system with linkages to the Public Park. The Public Park is now proposed as an 8.5 AC unified tract out of the wetland buffer. The overall structure of the proposed ODP is similar to the previous, and allows for a minimum of vacated ROW and utility changes. The zoning is Low Density Mixed-Use Neighborhoods (L-M-N). Planning and Zoning Board Hearing Agenda 1 City of Fort Collins Page 2 APPLICANT: Landon Hoover Gary Hoover Charlie Atwood John Giuliano 3. PDOD Pilot 6 Month Extension PROJECT DESCRIPTION: Request to extend the Planned Development Overlay District (PDOD) pilot for an additional six months. APPLICANT: N/A 4. Salud Family Health Center Rezoning -- REZ150002 PROJECT DESCRIPTION: This is a request to rezone 22 acres located at 1830 Laporte Avenue (formerly occupied by Forney Industries). The property is currently zoned (T) Transition District and received this designation when the property was annexed to the City in October, 2012. This rezoning request places the property into two zoning categories based on the City Structure Plan Map, including 12.5 acres within the (LMN) Low Density Mixed Use Neighborhood zone district and 10.5 acres within the (CL) Limited Commercial zone district. APPLICANT: Linda Ripley Ripley Design Inc. 419 Canyon Avenue, Suite 200 Fort Collins, CO 80521 • DISCUSSION AGENDA 5. Land Use Code Revisions – Items Related to siting and regulating Homeless Shelters and Seasonal Overflow Shelters PROJECT DESCRIPTION: This is a request for a Recommendation to City Council regarding a variety of Land Use Code revisions that address the siting and regulation of Homeless Shelters and Seasonal Overflow Shelters. APPLICANT: City of Fort Collins • OTHER BUSINESS Addition of Permitted Use City Council Process Options • ADJOURNMENT 2 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY August 13, 2015 Planning and Zoning Board STAFF Cindy Cosmas, Administrative Assistant SUBJECT Draft P&Z July 9, 2015, Hearing Minutes EXECUTIVE SUMMARY The purpose of this item is to approve the draft minutes for the July 9, 2015, Planning and Zoning Board hearing. ATTACHMENTS 1. Draft July 9, 2015, P&Z Minutes (DOC) 3 Jennifer Carpenter, Chair City Council Chambers Kristin Kirkpatrick, Vice Chair City Hall West Jeff Hansen 300 Laporte Avenue Gerald Hart Fort Collins, Colorado Emily Heinz Michael Hobbs Cablecast on City Cable Channel 14 Jeffrey Schneider on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Regular Hearing July 9, 2015 Chair Carpenter called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Kirkpatrick, Hansen, Hart, Heinz, Hobbs and Schneider Absent: None Staff Present: Gloss, Leeson, Eckman, Shepard, Schmidt, and Cosmas Agenda Review Chair Carpenter provided background on the board’s role and what the audience could expect as to the order of business. She described the following processes: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Planning and Zoning Board Minutes 4 Planning & Zoning Board July 9, 2015 Page 2 Planning Director Gloss gave a brief agenda review of the consent items for the hearing. Public Input on Items Not on the Agenda: None noted. Consent Agenda: 1. Draft Minutes from May 9, 2015, P&Z Hearing 2. Kechter Farm Second Annexation and Zoning ANX#150001 Public Input on Consent Agenda: None noted. Member Hart made a motion that the Planning and Zoning Board approve the July 9, 2015, Consent agenda specifically for the minutes from the May 14, 2015, Planning and Zoning Board hearing. Member Heinz seconded. Vote: 7:0. Member Hansen recused himself from the next vote due to a conflict of interest. Member Hart made a motion that the Planning and Zoning Board recommend to the City Council approval of the Kechter Farm Second Annexation and Zoning ANX#150001, that parcels 1 and 2 be placed in the L-M-N zone, that parcel 3 be placed in the U-E zone, and that the area contained within this annexation be included in the residential neighborhood sign district. Member Kirkpatrick seconded. Vote: 6:0. Other Business None noted. The meeting was adjourned at 6:05pm. Cameron Gloss, Planning Director Jennifer Carpenter, Chair 5 Agenda Item 2 Item # 2 Page 1 STAFF REPORT August 13, 2015 Planning and Zoning Board PROJECT NAME EAST RIDGE AMENDED OVERALL DEVELOPMENT PLAN STAFF Pete Wray, Senior City Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a request to amend the existing Overall Development Plan (O.D.P.), approved by the Planning and Zoning Board on August 26, 2005, and as amended on June 8, 2012. The site is located at the southeast corner of East Vine Drive and Timberline Road. The general intent of the proposed amendments is to remove and/or consolidate small unusable size parcels and provide greater specificity of uses while developing a more cohesive open space system with linkages to the Public Park. The Public Park is now proposed as an 8.5 AC unified tract out of the wetland buffer. The overall structure of the proposed ODP is similar to the previous, and allows for a minimum of vacated ROW and utility changes. The zoning is Low Density Mixed-Use Neighborhoods (L-M-N). APPLICANT: Landon Hoover Gary Hoover Charlie Atwood John Giuliano OWNER: East Ridge of Fort Collins, LLC P.O. Box 273150 Fort Collins, CO 80527 RECOMMENDATION: Staff recommends approval of the East Ridge Amended Overall Development Plan, ODP150001. EXECUTIVE SUMMARY EXECUTIVE SUMMARY: A. The request represents an amendment to the previously approved 2005 Plan and 2012 Minor Amendment. B. The O.D.P includes lot line adjustments and modification of parcels to consolidate smaller lots and provide greater specificity of residential land uses to ensure a minimum of four housing types. C. The O.D.P. includes conversion of several multi-family parcels to single family attached and additional open space connections. Neighborhood center commercial land uses are maintained at the primary entry off Timberline Road, aside from conversion of one narrow parcel now proposed as Single-Family Detached. 6 Agenda Item 2 Item # 2 Page 2 D. The O.D.P. generally maintains the previously approved street network and off-site connections. E. The O.D.P. also provides a more cohesive open space system with linkages to the central Public Park. The Public Park is now proposed as an 8.5 AC unified tract out of the wetland buffer. F. The O.D.P. continues to comply with the standards of Section 2.3.2 (H) of the Land Use Code. G. A neighborhood meeting was provided during the original review process for the approved project. Based on the level of proposed amendments to the O.D.P., the Director determined a neighborhood meeting is waived given the facts and circumstances of this application. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: Current surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Larimer County (FA-1) Vacant land in Larimer County South Larimer County Industrial (I) Existing residence, farm and sand gravel operation East Low Density Mixed-use Neighborhoods (LMN) Vacant land West Larimer County Open (O), Industrial (I) Existing commercial/industrial and residential 7 Agenda Item 2 Item # 2 Page 3 The following approvals have been granted: On February 19, 2002, the Property was annexed as the East Ridge Annexation and zoned Low Density Mixed- Use Neighborhoods (L-M-N). The Annexation Ordinance was recorded on May 13, 2002 of the Larimer County, Colorado records. The Annexation Plat was recorded the same day. In March of 1997, the City of Fort Collins implemented the newly adopted Comprehensive Plan called City Plan. This implementation involved re-zoning the entire City into new zone districts with certain exceptions for developed properties that were not anticipated to re-develop. The primary exception was existing neighborhoods which retained their underlying pre-City Plan zone of R-L, Low Density Residential. On August 26, 2005, the Overall Development Plan (ODP) was approved by the Planning and Zoning Board. On July 13, 2009, the Final Development Plan (FDP) for the Project was approved by the Director of Planning. A subdivision plat of the Property was recorded July 13, 2009 of the Larimer County, Colorado records. Pursuant to Section 2.2.11(D)(3) of the Land Use Code (LUC) the FDP was granted a three year term of vested property rights to July 13, 2012. On June 15, 2012, and pursuant to Section 2.2.11(D) (4) of the LUC Laurie Kadrich of Community Development and Neighborhood Services administratively granted a one year extension of the term of the vested property rights to July 13, 2013. At the time of the request for an extension, various amendments were made to the ODP to comply with the then current LUC regulations. On June 11, 2013, pursuant to Section 2.2.11(D)(4) Ted Shepard as Chief Planner granted a second one year administrative extension of the vested property rights to July 13, 2014. On May 8, 2014 the Planning and Zoning Board granted a one year extension to July 13, 2015. On March 12, 2015 the Planning and Zoning Board granted a one year extension to July 13, 2016. 2. Description of the Proposed Changes to the 2012 Amended O.D.P.: The proposed 2015 Amended O.D.P. includes a series of amendments of the approved plan summarized below. General Description - General Intent to remove and/or consolidate small unusable size parcels and provide greater specificity of uses while developing a more cohesive open space system with linkages to Public Park. The required minimum four housing types are maintained. Residential Area Modifications: 1. Modification of Parcel A to single use of Multi-Family and expansion of size from 10.14 AC to 15.6 AC 2. Consolidation of Parcel B and C to single parcel with similar use of Single Family Attached - Mini- Storage/Multi-Family 3. Modification of Parcel E from use of Commercial to use of Single Family Detached (Alley-Loaded) and expansion of size from .74 AC to 2.0 AC 4. Modification of Parcel F renamed to Parcel C and C-1 with use from Single Family/Two Family/Single Family Attached/Multi-Family to Single Family Detached and Single Family Detached (Alley Loaded) 5. Modification of Parcel I renamed to Parcel F and use from Multi-Family/Two-Family/Single Family Attached to Single Family Attached 6. Consolidation of Parcel L and Parcel J to single parcel (Parcel G) and from Single Family/Two Family/Single Family Attached/Multi-Family and N/C Park to Single Family Attached 8 Agenda Item 2 Item # 2 Page 4 7. Modification of Parcel K and Parcel O renamed to Parcel I and use from Multi-Family and Open Space to Single Family Attached/Two-Family at Western Edge of Park 8. Addition of Parcel L to east edge of park with Single Family Detached land use proposed 9. Modification of Parcel P renamed to Parcel M and N with the same use of Single Family Detached and Single Family Detached (Alley Loaded) 10. Modification of Parcel D renamed to Parcel N and expansion of size from 1.1 AC to 1.4 AC with the same use of Commercial/Neighborhood Center Public Park Area and Wetland/Open Space Modifications: 1. Public park area net acreage from 8.06 AC to 8.50 AC 2. Wetland/Open Space net acreage from 18.43 AC to 11.05 AC Local Street Modifications: 1. Modification of local street network from 5 street connections onto Timberline Road to 3 connections 2. Consolidation of local street network within plan 3. Traffic capacity has been verified with high end density ranges of 500 SFD, 300 SFA and 187 Multi-family per traffic memo dated July 28, 2015 3. Compliance with Applicable Standards of the Land Use Code: Section 2.3.2 (H) of the Land Use Code identifies seven criteria for reviewing O.D.P.’s. . Section 2.3.2(H)(1) - Permitted Uses and District Standards This criterion requires the O.D.P. to be consistent with the permitted uses and applicable zone district standards and any applicable general development standards. The O.D.P. continues to indicate potential land uses that comply with the permitted uses within the Low Density Mixed-Use Neighborhoods (L-M-N) zone district. The O.D.P. includes the following list of uses:  Single-family detached  Single-family detached (alley loaded)  Single-family attached  Two-family  Multi-family  Neighborhood Center  Commercial (Enclosed mini-storage)  Neighborhood Park B. Section 2.3.2 (H) (2) Density Range, Lot Size and Housing Types This criterion requires that the O.D.P. be consistent with the required density range of residential land uses, including lot sizes and housing types if located in the L-M-N or M-M-N zone district. The O.D.P. continues to comply with the required density range in the L-M-N zone district. The proposed density range includes a minimum net density range of 4.66-8.48 dwelling units/acre (above the minimum of 4 DU/AC), and a maximum gross density range of 3.65-6.64 DU/AC (less than the required maximum of 9 dwelling units/acre). The range of lots sizes continues to be in compliance, including a minimum of four housing types, 9 Agenda Item 2 Item # 2 Page 5 consistent with the approved 2012 ODP Minor Amendment. C. Section 2.3.2 (H) (3) This criterion requires that the O.D.P. conform to the Master Street Plan, and street pattern and connectivity standards as required by Section 3.6.1 and 3.6.3 (A) through (F). In addition, the O.D.P. shall also conform to the Transportation Level of Service Requirements as contained in Section 3.6.4. The O.D.P. maintains the collector street alignment from the approved plan, with minor adjustments to the local street network. The street pattern and connectivity in the O.D.P. are also maintained from the approved plan, including providing appropriate level of service. D. Section 2.3.2 (H) (4) Transportation Connections to Adjoining Properties This criterion requires an O.D.P. to provide for the location of transportation connections to adjoining properties to ensure connectivity into and through the O.D.P. from neighboring properties for vehicles, pedestrians and bikes as per Sections 3.6.3 (F) and 3.2.2(C)(6). The proposed O.D.P. includes minor adjustments in alignment of the local street network, yet maintains the direct connections off-site to Timberline Road (reduction from 5 to 3 connections), future extension of International Boulevard, and connections to future development to the east. As such, there are no changes to the existing transportation connections to adjoining properties. E. Section 2.3.2 (H) (5) - Natural Features This criterion requires an O.D.P. to show the general location and size of all natural areas, habitats and features within its boundaries and shall indicate the rough estimate of the buffer zone as per Section 3.4.1(E). The O.D.P. includes a reconfiguration of the approved park, detention, wetlands, and wetland buffer areas, generally in the same overall location as shown in the approved plan. The proposed neighborhood park is larger, and the wetland shifted to the south continues to include a minimum 100 foot buffer to the north, with larger buffer area to the south. F. 2.3.2 (H)(6) - Drainage Basin Master Plan This criterion requires an O.D.P. to be consistent with the appropriate Drainage Basin Master Plan. The O.D.P. continues to comply with the stormwater drainage system requirements, including detention areas, water quality and other drainage systems. G. Section 2.3.2 (H) (7) - Housing Density and Mix of Uses This criterion requires that any standards relating to housing density and mix of uses will be applied over the entire O.D.P. and not on each individual P.D.P. The O.D.P. includes a minor change in housing density from the approved plan as noted in Section 2.3.2 (H) (2) above. The O.D.P. continues to comply with the L-M-N requirement that no product type may be less than 5% of the total units developed, or more than 80% of the total units developed. 4. Findings of Fact/Conclusion: In evaluating the request for East Ridge Amended O.D.P., Staff makes the following findings of fact: A. The O.D.P. continues to comply with the standards of Section 2.3.2(H) for an overall development plan, more specifically: 10 Agenda Item 2 Item # 2 Page 6 Section 2.3.2 (H)(1) - Permitted Uses and District Standards : The O.D.P. continues to indicate potential land uses that comply with the permitted uses within the Low Density Mixed-Use Neighborhoods (L-M-N) zone district. Section 2.3.2(H)(2) – Density Range, Lot Size and Housing Types: The O.D.P. continues to comply with the required density range in the L-M-N zone district. The proposed density range includes a minimum net density range of 4.66-8.48 dwelling units/acre (above the minimum of 4 DU/AC), and a maximum gross density range of 3.65-6.64 DU/AC (less than the required maximum of 9 dwelling units/acre). The range of lots sizes continues to be in compliance, including a minimum of four housing types, consistent with the approved 2012 ODP Minor Amendment. Section 2.3.2 (H)(3) – Master Street Plan and Street Pattern/Connectivity Standards: The O.D.P. maintains the collector street alignment from the approved plan, with minor adjustments to the local street network. The street pattern and connectivity in the O.D.P. are also maintained from the approved plan, including providing appropriate level of service. Section 2.3.2 (H)(4) – Transportation Connections: The proposed O.D.P. includes minor adjustments in alignment of the local street network, yet maintains the direct connections off-site to Timberline Road, future extension of International Boulevard, and connections to future development to the east. As such, there are no changes to the existing transportation connections to adjoining properties. Section 2.3.2 (H)(5) – Natural Features: The O.D.P. includes a reconfiguration of the approved park, detention, wetlands, and wetland buffer areas, generally in the same overall location as shown in the approved plan. The proposed neighborhood park is larger, and the wetland shifted to the south continues to include a minimum 100 foot buffer to the north, with larger buffer area to the south. Section 2.3.2 (H)(6) – Drainage Basin Master Plan: The O.D.P. continues to comply with the stormwater drainage system requirements, including detention areas, water quality and other drainage systems. Section 2.3.2 (H)(7) – Housing Density and Mix of Uses: The O.D.P. includes a minor change in housing density from the approved plan as noted in Section 2.3.2 (H) (2) above. The O.D.P. continues to comply with the L-M-N requirement that no product type may be less than 5% of the total units developed, or more than 80% of the total units developed. B. A neighborhood meeting was provided during the original review process for the approved project. Based on the level of proposed amendments to the O.D.P., the Director determined a neighborhood meeting is waived given the facts and circumstances of this application. ATTACHMENTS 1. 2015-East Ridge ODP (PDF) 2. East Ridge Amended ODP - Traffic Memo (7-28-15) (PDF) 11 12 Attachment 13 #2 Attachment 14 #2 Attachment 15 #2 Attachment 16 #2 Attachment 17 #2 Attachment 18 #2 Attachment 19 #2 Attachment 20 #2 Attachment 21 #2 Attachment 22 #2 Attachment 23 #2 Attachment 24 #2 Agenda Item 3 Item # 3 Page 1 STAFF REPORT August 13, 2015 Planning and Zoning Board PROJECT NAME PDOD PILOT 6 MONTH EXTENSION STAFF Cameron Gloss, Planning Manager PROJECT INFORMATION PROJECT DESCRIPTION: Request to extend the Planned Development Overlay District (PDOD) pilot for an additional six months. APPLICANT: N/A EXECUTIVE SUMMARY A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six months. The 12-month extension to the PDOD pilot is scheduled to expire on September 9, 2015, but City Council has the option to extend it if there have been insufficient projects to adequately evaluate the PDOD. Since no projects have applied to use the PDOD and there are none anticipated within the remaining pilot timeframe, the option is available to ask Council to extend it. To address the challenges of infill and redevelopment, staff worked collaboratively in 2011-2012 with P&Z to develop the PDOD, a unique zoning mechanism that blends the concepts of Planned Unit Developments and performance-based zoning. The PDOD provides flexibility on certain development regulations in the Land Use Code without having to use the existing Addition of a Permitted Use or Modification processes. In return for this flexibility, projects must achieve at least 60 points on a supplemental performance matrix that is designed to reward projects for going beyond minimum standards. The PDOD has a defined boundary, which was drawn to be consistent with the City’s targeted infill and redevelopment areas and Transit Oriented Development (TOD) Overlay District (see attached map). One final characteristic to note is that all PDOD projects are processed as a Type 2 application. Being an untested concept for the City, the PDOD was proposed first as a pilot to allow for real- world test cases. The pilot was unanimously recommended by P&Z and ultimately adopted by City Council on February 26, 2013; it provided a six-month window where PDOD submittals could be accepted, but the number of applications accepted was capped at five. The pilot 25 Agenda Item 3 Item # 3 Page 2 began immediately after adoption and was set to expire on September 9, 2013. According to the PDOD Ordinance, City Council had the option to extend the pilot “in the event that, during the six-month term of its existence, there have been insufficient development proposals presented to the City within the boundaries of the PDOD map to adequately inform the City Council as to the viability of the District”. During citizen participation at the August 14, P & Z Hearing, three individuals spoke on behalf of the same potential project and requested that the pilot be extended. After discussion, the Board made a formal recommendation that Council extend the pilot. On September 2, 2014, the City Council approved the First Reading of the ordinance extending the PDOD Overlay District for a period of one year. There have not been any PDOD submittals to-date; only one potential project has expressed interest in participating in the pilot, and the prospective applicant has expressed that an additional six month extension is necessary to meet their anticipated development application submittal date. The same conditions of the pilot district as established by the original pilot ordinance and subsequent amendments apply to the requested 6-month extension: • Only projects within the defined boundary area are eligible to use the PDOD. • Up to five PDOD submittals will be accepted within the six-month pilot extension. • City staff will collect data on any PDOD projects that submit, and with help from the citizen taskforce, evaluate how well the PDOD is working and report back to City Council. • Council will continue to have the option to extend the pilot should insufficient projects submit during the six-month timeframe. ATTACHMENTS 1. FINAL PDOD Pilot Boundary_34x44 (PDF) 26 Attachment 27 #1 Agenda Item 4 Item # 4 Page 1 STAFF REPORT August 13, 2015 Planning and Zoning Board PROJECT NAME SALUD FAMILY HEALTH CENTER REZONING -- REZ150002 STAFF Jason Holland, City Planner Cameron Gloss, Planning Manager PROJECT INFORMATION PROJECT DESCRIPTION: This is a request to rezone 22 acres located at 1830 Laporte Avenue (formerly occupied by Forney Industries). The property is currently zoned (T) Transition District and received this designation when the property was annexed to the City in October, 2012. This rezoning request places the property into two zoning categories based on the City Structure Plan Map, including 12.5 acres within the (LMN) Low Density Mixed Use Neighborhood zone district and 10.5 acres within the (CL) Limited Commercial zone district. APPLICANT: Linda Ripley Ripley Design Inc. 419 Canyon Avenue, Suite 200 Fort Collins, CO 80521 OWNER: Plan de Salud Del Valle Inc. 203 S. Rollie Ave. Fort Lupton, CO 80621 RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation of approval for the Salud Family Health Center Rezoning – REZ#150002, to zone the property (LMN) Low Density Mixed Use Neighborhood and (CL) Limited Commercial in accordance with the proposed zoning map boundaries. EXECUTIVE SUMMARY EXECUTIVE SUMMARY: The (T) Transition zone is a holding zone for properties where there are no specific or imminent plans for development. No additional development is permitted in the T zone unless approved by City Council. It is typically used to allow property owners and/or the City to consider zoning alternatives while the property is held in the T zone. For requests to rezone property out of the T zone into zoning in accordance with City Plan, rezoning is a routine procedural matter raising no new policy issues. This is such a request. 28 Agenda Item 4 Item # 4 Page 2 A rezone request of property that is currently in the T zone is treated differently than other rezone requests in that the T zone specifies requirements for the City to process the request quickly. Section 4.12(B)(2) of the Land Use Code states: “The owner of any property in the T District may at any time petition the City to remove the property from this zone district and place it in another zone district. Unless the following time limitations are waived by the petitioner, any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least thirty (30) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in question to another zone district authorized under this Article.” The request was filed July 27, 2015 and the August 13 Planning and Zoning Board Hearing is sooner than the 30 day requirement described above. However, if the Board finds no reason to delay the hearing, staff recommends considering the rezoning in August based on the request from the owner to place the item on the August agenda. If the Planning and Zoning Board does not support the proposed zoning it must recommend an alternative zone configuration to City Council. The Board cannot recommend to leave the property in the Transition zone. COMMENTS: Background The property was annexed and zoned in October 2012 as the Forney Annexation. The property was held in the T zone at the time of annexation, as the previous owner was uncertain what zoning designations would be proposed with future development of the site. The City’s Structure Plan designates the property to be placed in the Limited Commercial (CL) and Low Density Mixed Use Neighborhood (LMN) District. The intent of LMN portion to the north is to provide a transition between the existing neighborhoods to the north and the Limited Commercial zoning to the south. The Limited Commercial portion of the property follows the boundary of the existing commercial buildings on the site and is consistent with the recommendations of the Northwest Subarea Plan. Compliance with Applicable Land Use Code Standards The applicable Land Use Code Standards are in Article 2, Division 2.9, Amendment to Text of Code and/or Zoning Map. Staff finds that the request complies with all applicable standards in Division 2.9 governing amendments to the Zoning Map. Specifically, the request is consistent with the City’s Comprehensive Plan, thus meeting the requirements stated in subsection 2.9.4(H)(2), Mandatory Requirements for Quasi-judicial Zonings or Rezonings. NEIGHBORHOOD MEETING: No neighborhood meeting is required for the rezoning. FINDINGS OF FACT AND CONCLUSION: In evaluating the request for Salud Family Health Center Rezoning - REZ# 150002, staff makes the following finding of fact and conclusions: The request complies with all applicable Land Use Code standards, which are found in Article 2, Division 2.9, Amendment to Text of Code and/or Zoning Map. Specifically, the owner of the property has standing to request the rezoning; the requirement that the request is consistent with the City’s Comprehensive Plan is met; and the request is consistent with the purpose of the T, Transition zone district currently on the property. 29 Agenda Item 4 Item # 4 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. City Structure Plan Map (PDF) 3. Justification Narrative (PDF) 4. Proposed Zoning Map (PDF) 5. Zoning Petition (PDF) 30 Poudre Sr High Lincoln Middle School Lab - Polaris Psd Support Services Irish Elementary Putnam Elementary Poudre Community Academy Colorado State University Oakwood School Childrens House Montessori School City Park City Park Nine Golf Course Grandview Cemetery Sheldon Lake Maple St W Oak St Irish Dr Crestmore Pl Orchard Pl Cherry St Shel d o n D r Scott Ave Hanna St Pearl St S Br y a n A v e Jackson Ave Lyons St C i t y P a r k D r Sky l i n e Dr Liberty Dr Cook Dr Elm St City Park Ave Gallup Rd Aztec Dr © Salud Family Health Rezoning Structure Plan Map Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) LaPorte Avenue 1 inch = 0.27 miles Salud Rezoning Boundary West Vine Drive N. Taft Hill Road LMN C-L Attachment 32 #2 land planning  landscape architecture  urban design  entitlement Thinking outside of the box for over two decades. 419 Canyon Ave. Suite 200  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com July 27, 2015 Rezoning Request – 1830 LaPorte Avenue This is a Rezoning Request for 22 acres located at 1830 LaPorte Avenue. The property is currently zoned T-Transition District and received this designation when the property was annexed to the City in October, 2012. Salud Family Health Centers recently purchased the property and intends to subdivide the land and develop a health clinic on a portion of the land. Salud provides medical and dental care for all community members with the low- income, medically underserved population and migrant and seasonal farm worker population as the priority clientele. Since 1970, Salud has maintained a firm commitment to provide care to all community members and does not turn patients away based on finances, insurance coverage, or ability to pay. Services include primary care services, such as routine health exams with an emphasis on prevention and health education, acute and chronic illness management, family planning and gynecological care, prenatal care, pediatric and adolescent care, minor surgery, laboratory, dental care, cancer screening, nutrition and health education, integrated mental health screening and therapy, specialty referral network, x-ray and ultrasound, pharmacy, immunizations and shared medical appointment for diabetes, well-child, pain management and prenatal. In order to develop the property, a zoning designation other than T-Transition District needs to be established on the property. The City’s Structure Plan indicates what the City would prefer in terms zoning on properties that are not annexed or zoned. In this case, the Structure Plan indicates a combination of commercial (pink) and low density residential (yellow) land use designations (see attached). The Applicant is requesting to zone the property per the City’s Structure Plan. The request is for 12.56 acres to me zoned Low Density Mixed-Use Neighborhood District (LMN) and 10.50 acres to be zoned Limited Commercial District (CL). Attachment 33 #3 Thinking outside of the box for over two decades. 419 Canyon Ave., Suite 200  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com Rezoning Justification The Land Use Code outlines the procedures and criteria for rezoning: Land Use Code Section 2.9.4 -Text and Map Amendment Review Procedures (G)(2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or The change in zoning is consistent with City Plan and supported by the following Principles and Policies: Economic Health Operational funding ($650,000.00 annually) for the proposed clinic is provided by a grant from the Federal Government, specifically the Department of Health and Human Services. Within 120 days of initial federal funding, Salud will have a temporary clinic with 11 employees, of which 2 are doctors. In the first year of operation, Salud projects to have 7,312 patient visits. In year two, Salud would occupy their new clinic in the remodeled warehouse building, construction budget of approximately 4 to 5 million. Salud would anticipate occupying approximately half to the existing 38,000 sq. ft. remodeled building, with the remaining space held for future expansion. Year two, Salud anticipates 13,755 patient visits. Long term, the Salud clinic expects to employ 80-85 healthcare professionals with an estimated payroll of 4.2 million per year. Community and Neighborhood Livability The proposed development of a family health care clinic at this location will create a compact pattern of development; it represents quality infill development, and will upgrade the appearance of the neighborhood over what exists today. In addition the clinic will be conveniently located for neighborhood residents without negatively impacting them. Safety and Wellness The proposed development is supported by City Plan policies related to accessibility of health and human services for all populations regardless of income. (b) Warranted by changed conditions within the neighborhood surrounding and including the subject property. Attachment 34 #3 Thinking outside of the box for over two decades. 419 Canyon Ave., Suite 200  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com The site and existing buildings were previous owned and operated by Forney Industries. The property and buildings have been sold to Salud, paving the way for redevelopment of the site. (3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The proposed amendment is compatible with existing uses surrounding the subject land with commercial zoning proposed closer to LaPorte Avenue and Low Density Residential proposed to the north, east and west, where the site is adjacent to other residential land use or open space. The rezone would not result in any significant adverse impacts on the natural environment. The proposed uses would meet the City’s standards for water, storm water, and noise and air quality. Lastly, the proposed amendment would result in a logical and orderly development pattern and an overall visual improvement for the neighborhood. Attachment 35 #3 Attachment 36 #4 Attachment 37 #5 Attachment 38 #5 Agenda Item 5 Item # 5 Page 1 STAFF REPORT August 13, 2015 Planning and Zoning Board PROJECT NAME LAND USE CODE REVISIONS – ITEMS RELATED TO SITING AND REGULATING HOMELESS SHELTERS AND SEASONAL OVERFLOW SHELTERS STAFF Ted Shepard, Chief Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a request for a Recommendation to City Council regarding a variety of Land Use Code revisions that address the siting and regulation of Homeless Shelters and Seasonal Overflow Shelters. APPLICANT: City of Fort Collins EXECUTIVE SUMMARY The proposed Land Use Code revisions related to siting and regulating of Homeless Shelters and Seasonal Overflow Shelters were originally included in the bi-annual package of code changes considered by the Planning and Zoning Board at their May 2015 regular hearing. This item was tabled for further consideration and public outreach. At that time, the Board encouraged staff to bring this item back outside of the customary bi-annual process in order for Seasonal Overflow Shelters to be available prior to the onset of cold weather. Since May, staff has conducted public outreach, including two community meetings, press releases and online notification. Summaries of the two community meetings are attached. The proposed revisions include the following: • Creating two new definitions, one for Homeless Shelter and one for Seasonal Overflow Shelters. · Creating new Supplemental Regulations and criteria by which to review Seasonal Overflow Shelters. • Adding both of these uses to the appropriate zone districts and assigning each use to one of the three review processes. 39 Agenda Item 5 Item # 5 Page 2 • Creating a five-year period before a Seasonal Overflow Shelter is deemed abandoned to allow multiple providers to rotate the use of their facilities over the course of several seasons. ATTACHMENTS 1. Land Use Code Revision - Project Narrative (DOCX) 2. Two Public Meetings - Summaries (DOCX) 3. Zoning Matrix (PDF) 4. Map - Permitted Zones - Eligible Parcels (PDF) 5. Letters from May 2015 (PDF) 40 Item 1004 - Amend 5.1.2 - Definitions - to add two new uses, Homeless Shelters and Seasonal Overflow Shelters, amend Article Four to add these new uses to various appropriate zone districts and amend Article Three to add supplemental regulations and review criteria for Seasonal Overflow Shelters only. Problem Statement During the winter months in Fort Collins, the two permanent year-round homeless shelters in the City frequently run out of beds and have to turn people away. For the past several winters, the City of Fort Collins has worked with Catholic Charities and churches (Saint Joseph’s and Community of Christ Church) to operate an overflow homeless shelter. Each winter, the overflow shelter has targeted different populations. For example, this past winter Community of Christ Church operated an overflow shelter for women only. Over the previous winter, this seasonal overflow shelter was in use every night except one since opening the Fall of 2014 with no complaints from neighbors. City Council, however, had to pass an annual emergency ordinance beginning with the onset of inclement weather in 2014 to allow overnight homeless shelters because such use is not a permitted use in the Land Use Code. Nor is “seasonal overflow shelter” a defined term in the Land Use Code. Winter overflow shelter is an anticipated regularly occurring need and shelters will likely see an increased demand for their services. The issue with having to pass an ordinance annually is timing as neither staff or City Council cannot predict when the weather will turn cold. An annual ordinance is a reactive measure that requires sufficient lead time in order to be placed on Council’s agenda and prevents shelters from operating the day temperatures dip. By adding a definition for “seasonal overflow shelter” to Article Five, and assigning the use to the appropriate zone districts as a Basic Development Review in non-residential zones and as a Type One in three residential zones, the City would no longer have to pass an annual ordinance to allow this service. The proposed revisions will allow the City, places of worship and other non-profit organizations to provide more timely and predictable overflow shelter service to those in our community that need it most. The accompanying supplementary regulations in Article Three will provide criteria by which to review a Seasonal Overflow Shelter as a Basic Development Review, or a Type One Project Development Plan, require a neighborhood meeting and ensure that impacts, if any, are mitigated. Proposed Solution Overview: The proposed solution is to define two new uses and add these uses to various appropriate zone districts. For Seasonal Homeless Shelters, placement into three residential zones is recommended, but along arterials only. In addition, new supplemental regulations would be added to Section 3.8 to ensure that operations associated with Seasonal Overflow Shelters are compatible with surrounding uses. Attachment 41 #1 Seasonal Overflow Shelter Meeting Notes July 1st Overflow Shelter Meeting Notes • Must be in existing buildings • Women only? • Zoning • Overlay zone • Attribute system • Overlay - permanent? Enlarge? Yes to both • Who administers the shelters? o Catholic Charities • Who’s the collective? o Shelters (3) o United Way • Vouchers? o Families can stay at hotel 3-6 nights for health + safety • Day services o ½ Murphy Center - 8:00-11:00 o ½ Mission Noon-4:00 • If dispersed could provider serve breakfast? • Redtail Ponds? o Up to 40 homeless, 17 current have been given an apartment • Former Crossroads site? o Depends on non-profit partner • Extend past April to May? o Yes, modifiable criteria • Disperse services throughout community • Concerned about the transient migratory population • How to get around to dispersed locations? • MOU provide transportation • Yes, CCS takes transportation into account • Vouchers for Transfort? • SOS if dispersed, needs dispersed services • Hospitality warming rooms 5:00-10:00 to bridge the gap • Summer point in time count = 450 • Winter point in time count = 350 • SOS/10 PM - 6 AM doesn’t attract homeless population, it’s an emergency service • Concern about geographic concentration, centralized • Use buses to disperse • Concerned about Oak and Mathews, zoned NCB, in neighborhood Attachment 42 #2 June 25th Overflow Shelter Meeting Notes • Root causes? Effectiveness o Winter count = 300 which exceeds # of beds at existing shelters o Don’t want to build new facilities o Proactive - don’t want to go to Council annually o Remote location with operator o 10 PM - 6 AM • Who’s the community? What’s the problem? Concerned about cost. Don’t want to become a magnet o City of Fort Collins Police, Homeward 2020, etc. • Long-term solution o Population is moving south o Get in front of trend o MOU = Article 3 -> is modifiable • Annual authority by Council gets us into winter season o New system would not require a rush • Temporary use could be permanent, attribute system • Concerned about walking through neighborhoods to get to a church in residential zone along arterial • Go to Council early, use the attribute system to pre-approve locations • Pre-qualify with a system • 12 months discontinuance? o Yes, but one facility could renew with a new MOU • Limit number of beds? o Yes, MOU limits number of beds • Difference between regular vs. seasonal shelter? • Federal grants? o Usually privately funded. Not for emergency shelters. City of Fort Collins contributed about 1/3 of budget • Funds acquired through BFO? o Yes, paid to United Way • Last year’s budget ~$35,000 • Who’s the collective? o United Way o Police o Social Sustainability o Council o 2 shelters • Process? • Fire Marshall should do building inspections Attachment 43 #2 • Plymouth = attribute system • P+Z->Council • Option 1 o Large group care facilities = equivalent o Residential zones = allowed on arterials only • Option 3 o Land - churches/institutions that fit criteria  2 miles from shelter • Too exclusive, doesn’t disperse  Transit route  Residential zones = allowed on arterials only • Hybrid of zoning and attribute • 2 miles is lengthy o Transfort doesn’t run on Sundays o 6:15 - 10:00 gap needs to be addressed o Van pick-up? Where? • Budget? • Distance is important o Cold + dark o Backpacks o 2 have died from hypothermia o Need long-term solution o Shifting to south • Equity/parity needed in the system • (Off topic) citizen expressed disagreement with City participating in URA activities o TIF = corporate welfare Attachment 44 #2 Attachment 45 #3 46 Attachment 47 #5 Attachment 48 #5 Attachment 49 #5 Attachment 50 #5 Attachment 51 #5 Attachment 52 #5 Pending/seasonal overflow shelter and homeless ORD ORDINANCE NO. __, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE PERTAINING TO SEASONAL OVERFLOW SHELTERS AND HOMELESS SHELTERS WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.25 of the Land Use Code is hereby amended to read as follows: 3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses (A) If, after June 25, 1999 (the effective date of the ordinance adopting this Section), active operations are not carried on in a permitted use during a period of twelve (12) consecutive months, or with respect to seasonal overflow shelters sixty (60) consecutive months, the building, other structure or tract of land where such permitted use previously existed shall thereafter be re-occupied and used only after the building or other structure, as well as the tract of land upon which such building or other structure is located, have, to the extent reasonably feasible, been brought into compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Code as determined by the Director. This requirement shall not apply to any permitted use conducted in a building that was less than ten (10) years old at the time that active operations ceased. Intent to resume active operations shall not affect the foregoing. . . . Section 2. That Article 3 of the Land Use Code is hereby amended by the addition of a new Section 3.8.33 which reads in its entirety as follows: 3.8.33 Seasonal Overflow Shelters (A) Applicability. These standards shall apply to all seasonal overflow shelters. (B) Purpose. The purpose of this section is to allow for the siting and approval of seasonal overflow shelters while helping to ensure that such shelters are compatible with the adjacent neighborhoods. (C) Standards. Attachment 53 #6 Pending/seasonal overflow shelter and homeless ORD (1) General Standards. Seasonal overflow shelters shall be allowed as a permitted use, provided that all of the following conditions are met: (a) Occupancy limit. No more than fifty (50) persons may be housed at any one seasonal overflow shelter. (b) Operations. An organization with prior homeless shelter management experience must be designated as the operator responsible for managing the seasonal overflow shelter. (c) Operating agreement. An operating agreement must be completed between the City, the operator and the owner of the real property upon which the seasonal overflow shelter is located, delineating the roles of the parties, and, without limitation, shall include provisions pertaining to parking, hours of operation, site cleanup, loitering, number of staff and designated contact persons for each party. The operating agreement shall be executed by all parties prior to the approval of a seasonal overflow shelter and must be executed preceding each operating season that the shelter is functioning. (d) Transportation. If the seasonal overflow shelter is more than two (2) miles from a homeless shelter, then transit to and from the seasonal overflow shelter and the homeless shelter (or other locations designated in the Operating Agreement) shall be provided by the operator of the seasonal overflow shelter. (e) Neighborhood meeting. The City will convene a neighborhood meeting for each application for approval of a seasonal overflow shelter preceding each operating season that the shelter is functioning. (f) Limit. There shall be no more than three (3) seasonal overflow shelters operating in the City at any given time. (g) Compliance with other standards. The property upon which the seasonal overflow shelter is located must continue to comply with the standards of this Code, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Code by reason of a seasonal overflow shelter being located thereon). Section 3. That Section 4.4(B)(2)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: Attachment 54 #6 Pending/seasonal overflow shelter and homeless ORD 4. Seasonal overflow shelters. Section 4. That Section 4.4(D) of the Land Use Code is hereby amended by the addition of a new paragraph (3) which reads in its entirety as follows: (3) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 5. That Section 4.5(B)(2)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 8 which reads in its entirety as follows: 8. Seasonal overflow shelters. Section 6. That Section 4.5(D) of the Land Use Code is hereby amended by the addition of a new paragraph (7) which reads in its entirety as follows: (7) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 7. That Section 4.6(B)(2)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 6 which reads in its entirety as follows: 6. Seasonal overflow shelters. Section 8. That Section 4.6(D) of the Land Use Code is hereby amended by the addition of a new paragraph (4) which reads in its entirety as follows: (4) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 9. That Section 4.9(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Seasonal overflow shelters. Section 10. That Section 4.10(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 11. That Section 4.16(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: Attachment 55 #6 Pending/seasonal overflow shelter and homeless ORD 2. Seasonal overflow shelters. Section 12. That the table contained Section 4.16(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . . . . Homeless shelters Type 2 Type 2 Type 2 . . . Section 13. That Section 4.17(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 14. That Section 4.17(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Homeless shelters. Section 15. That Section 4.18(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 16. That Section 4.18(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Homeless shelters. Section 17. That Section 4.19(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 18. That Section 4.20(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Attachment 56 #6 Pending/seasonal overflow shelter and homeless ORD Section 19. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) A. RESIDENTIAL . . . . . . . . . B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . Seasonal overflow shelters Not permitted BDR Homeless shelters Not permitted Type 2 . . . . . . . . . Section 20. That Section 4.22(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 21. That Section 4.22(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Homeless shelters. Section 22. That the table contained in Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas A. RESIDENTIAL . . . . . . . . . B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . Seasonal overflow shelters BDR BDR . . . . . . . . . Section 23. That Section 4.26(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 24. That Section 4.26(D)(2) is hereby amended by the addition of a new subparagraph (t) which reads in its entirety as follows: (t) Seasonal overflow shelters. Attachment 57 #6 Pending/seasonal overflow shelter and homeless ORD Section 25. That Section 4.27(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 26. That Section 4.27(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 8 which reads in its entirety as follows: 8. Homeless shelters. Section 27. That Section 4.27(D)(2) of the Land Use Code is hereby amended by the addition of a two new subparagraphs (z) and (aa) which reads in their entirety as follows: (z) Seasonal overflow shelters. (aa) Homeless shelters. Section 28. That Section 4.28(B)(3)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 7 which reads in its entirety as follows: 7. Homeless shelters. Section 29. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Homeless shelter” which reads in its entirety as follows: Homeless shelters shall mean a fully enclosed building suitable for habitation and that may provide residency only for homeless persons at any time during the year. Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Seasonal overflow shelters” which reads in its entirety as follows: Seasonal overflow shelters shall mean a homeless shelter, which may provide temporary residency between November and April, unless, because of inclement weather, specific and limited extensions are granted by the Director. Introduced, considered favorably on first reading, and ordered published this ___ day of ___________, A.D. 2015, and to be presented for final passage on the ___ day of ______, A.D. 2015. __________________________________ Mayor ATTEST: Attachment 58 #6 Pending/seasonal overflow shelter and homeless ORD _____________________________ City Clerk Passed and adopted on final reading on this ____ day of ________, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Attachment 59 #6 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION A - 1 - ORDINANCE NO. 080, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1.3.4 OF THE LAND USE CODE PERTAINING TO THE ADDITION OF PERMITTED USES IN EIGHT ZONE DISTRICTS WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, Section 1.3.4 of the Land Use Code contains provisions whereby additional uses can be permitted in zone districts under a process involving either the Planning and Zoning Board or the Director; and WHEREAS, concerns have been expressed to members of the City Council from some residential property owners that the addition of uses under the process provided in Section 1.3.4 within residential neighborhoods diminishes residential property values, increases incompatibility between uses and causes unpredictable outcomes; and WHEREAS, the City Council has determined that it is in the best interests of the City that the addition of permitted use process established in Section 1.3.4 of the Land Use Code should be amended so that the decision on the proposed additional use will be made by the City Council after recommendation of the Planning and Zoning Board in any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) 3. Residential Foothills District (R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 8. Neighborhood Conservation, Buffer District (N-C-B). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1.3.4 of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses . . . (C) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director, or with respect to any zone district not listed in subsection (G) the Planning and Zoning Board, or with respect to the zone districts listed in subsection (G) City Council by ordinance, after recommendation from the Planning and Zoning Board, as specifically authorized and limited in subsection (D) below) may add to the uses specified in a 60 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION A - 2 - particular zone district any other similar use which conforms to all of the following conditions: . . . (D) Planning and Zoning Board Authority and Limitation. (1) In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing in any zone district not listed in subsection (G), the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (E) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. (2) In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing in any zone district listed in subsection (G), the Planning and Zoning Board may add recommend to the City Council that a proposed use be added if the Board specifically finds that after considering whether such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided The City Council shall consider the proposed addition of a permitted use and shall consider and find: 1) whether such use would not be detrimental to the public good; 2) that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located; and 3) that the proposed use would be in compliance with the requirements and criteria contained in Section 3.5.1. Council’s action on such proposed addition shall be by ordinance. that sSuch addition of a proposed use by the City Council must be specific to the proposed site and shall not be required to be considered for a text amendment under subsection (E) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. In considering the recommendation of the Planning and Zoning Board and in determining whether a proposed use should be added, the City Council by ordinance, shall follow the notice and hearing requirements that are established for zonings and rezonings of areas less than six-hundred forty acres in size, as set forth in pursuant to Section 2.9.4 of this Land Use Code pertaining to text and map amendments. Any overall development plan or project development plan or any amendment thereto that has been approved contingent upon the City Council’s approval of an additional permitted use under this Section shall be automatically terminated and made null if such condition is not met; and any pending appeal of such 61 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION A - 3 - conditional approval shall also be automatically terminated if such condition is not met, whereupon the appellant shall be promptly refunded any appeal fee that was paid to the City. . . . (F) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director, (or the Planning and Zoning Board with respect to any zone district not listed in subsection (G), or with respect to any zone district listed in subsection (G) the City Council after recommendation from the Planning and Zoning Board may impose such conditions and requirements (including, but not limited to, conditions related to the location, size and design) on such use as are necessary or desirable to: (1) accomplish the purposes and intent of this Code, (2) ensure consistency with the City Plan and its adopted components and associated sub-area plans, or (3) prevent or minimize adverse effects and impacts. (G) The City Council shall make all final determinations regarding the addition of permitted uses under subsection (D) with respect to property located in any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) 3. Residential Foothills District (R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 8. Neighborhood Conservation, Buffer District (N-C-B). Introduced, considered favorably on first reading, and ordered published this 7th day of July, A.D. 2015, and to be presented for final passage on the 21st day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of July, A.D. 2015. __________________________________ Mayor 62 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION A - 4 - ATTEST: _______________________________ City Clerk 63 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION B - 1 - ORDINANCE NO. 080, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1.3.4 OF THE LAND USE CODE PERTAINING TO THE ADDITION OF PERMITTED USES IN EIGHT ZONE DISTRICTS WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, Section 1.3.4 of the Land Use Code contains provisions whereby additional uses can be permitted in zone districts under a process involving either the Planning and Zoning Board or the Director; and WHEREAS, concerns have been expressed to members of the City Council from some residential property owners that the addition of uses under the process provided in Section 1.3.4 within residential neighborhoods diminishes residential property values, increases incompatibility between uses and causes unpredictable outcomes; and WHEREAS, the City Council has determined that it is in the best interests of the City that the addition of permitted use process established in Section 1.3.4 of the Land Use Code should be amended so that the decision on the proposed additional use will be made by the City Council after recommendation of the Planning and Zoning Board in any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) 3. Residential Foothills District (R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 8. Neighborhood Conservation, Buffer District (N-C-B). WHEREAS, in order to effectively determine whether to approve a proposed additional use in the aforementioned zone districts, the City Council has determined that it is in the best interests of the City that the City Council be the decision maker for the land use application associated with the proposed additional use after recommendation of the Planning and Zoning Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1.3.4 of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses . . . 64 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION B - 2 - (C) Procedures and Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director, or with respect to any zone district not listed in subsection (G) the Planning and Zoning Board, or with respect to the zone districts listed in subsection (G) City Council by ordinance, after recommendation from the Planning and Zoning Board, as specifically authorized and limited in subsection (D) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions The following procedures and required findings shall apply to Addition of Permitted Use determinations made by the Director, Planning and Zoning Board, and City Council respectively: (1) Director Approval. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan, or any amendment of the foregoing (the “Primary Application” for purposes of this Section only), for property not located in any zone district listed in subsection (F), the applicant may apply for the approval of an Addition of Permitted Use to be determined by the Director. If the applicant does not apply for an Addition of Permitted Use in conjunction with the Primary Application, the Director in his or her sole discretion may initiate such Addition of Permitted Use process. The Director may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) (a) Such use is appropriate in the zone district to which it is added. (2) (b) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added. (3) (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. (4) (d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. (5) (e) Such use will not change the predominant character of the surrounding area. (6) (f) Such use is compatible with the other listed permitted uses in the zone district to which it is added. 65 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION B - 3 - (7) (g) Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review. (8) (h) Such use is not a medical marijuana business as defined in Section 15- 452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code. (2) Planning and Zoning Board Approval. In conjunction with a Primary Application for property not located in any zone district listed in subsection (F), the applicant may, as an alternative to applying to the Director as described in above subsection (1), apply for approval of an Addition of Permitted Use to be determined by the Planning and Zoning Board. The Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (E) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. (3) City Council Approval. In conjunction with a Primary Application for property located in a zone district listed in subsection (F) below, any application for the approval of an Addition of Permitted Use shall be determined by the City Council in conjunction with the Primary Application after recommendations from the Planning and Zoning Board on both the Primary Application and the Addition of Permitted Use. The recommendations by the Planning and Zoning Board and designation of the City Council as the decision maker for the Addition of Permitted Use and the Primary Application are specific exceptions to Section 2.1.1, applicable only to this Section. The City Council shall first decide the Addition of Permitted Use application and, if approved, then decide the Primary Application. If the Addition of Permitted Use is denied, then the Primary Application shall also be denied as described in subsection (c) below. (a) The Planning and Zoning Board recommendation to City Council for the Primary Application shall follow the applicable procedures and standards contained in the Land Use Code for the type of Primary Application at issue. Any required notice shall include information regarding both the Primary Application and the Addition of Permitted Use application. The Planning and Zoning Board may recommend to the City Council that a proposed use be added if the Board specifically finds that such use would not be detrimental to the public good and 66 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION B - 4 - would be in compliance with the requirements and criteria contained in Section 3.5.1 (b) In deciding the Addition of Permitted Use, the City Council shall consider and find whether: (1) such use would not be detrimental to the public good; (2) such use is not specifically listed as a “Prohibited Use” in the zone district in which the proposed site is located; and (3) the proposed use would be in compliance with the requirements and criteria contained in Section 3.5.1. City Council’s action on the Addition of Permitted Use shall be by ordinance. The addition of a proposed use by the City Council must be specific to the proposed site and shall not be considered for a text amendment under subsection (E) below. The City Council’s decision on the Addition of Permitted Use shall not be appealable and, if applicable, shall be subject only to a vested rights and takings determination pursuant to Land Use Code Article 2, Division 2.13. (c) If the Addition of Permitted Use is denied, the City Council shall deny the Primary Application by ordinance. Such denial shall not be appealable and, if applicable, shall be subject only to a vested rights and takings determination pursuant to Land Use Code Article 2, Division 2.13. If the Addition of Permitted Use is approved, City Council shall decide the Primary Application, in conformance with the applicable procedures and standards contained in the Land Use Code for the type of Primary Application at issue with appropriate substitution of the City Council as the decision maker in such procedures. Any required notice shall include information regarding both the Primary Application and the Addition of Permitted Use application. City Council’s action on the Primary Application shall be by ordinance. The City Council’s decision on the Primary Application shall not be appealable, and if applicable, shall be subject only to a vested rights and takings determination pursuant to Land Use Code Article 2, Division 2.13. (D) Planning and Zoning Board Authority and Limitation. (1) In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing in any zone district not listed in subsection (G), the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (E) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. (2) In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing in any zone district listed in subsection (G), the Planning and Zoning Board may 67 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION B - 5 - add recommend to the City Council that a proposed use be added if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the City Council must be specific to the proposed site and shall not be considered for a text amendment under subsection (E) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. In considering the recommendation of the Planning and Zoning Board and in determining whether a proposed use should be added, the City Council by ordinance, shall follow the notice and hearing requirements that are established for it pursuant to Section 2.9.4 of this Land Use Code pertaining to text and map amendments. (E) (D) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (C)(1) above, such use shall be promptly considered for an amendment to the text of this Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Code, at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (C)(1) above. (F) (E) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director, (or the Planning and Zoning Board with respect to any zone district not listed in subsection (GF), or the City Council with respect to any zone district listed in subsection (GF), the City Council after recommendation from the Planning and Zoning Board may impose such conditions and requirements (including, but not limited to, conditions related to the location, size and design) on such use as are necessary or desirable to: (1) accomplish the purposes and intent of this Code, (2) ensure consistency with the City Plan and its adopted components and associated sub-area plans, or (3) prevent or minimize adverse effects and impacts. (G) (F) The City Council shall make all final determinations regarding the addition of permitted uses under subsection (DC)(3) with respect to property located in any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) 3. Residential Foothills District (R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 68 DISCUSSION DRAFT ONLY – LEGAL REVIEW PENDING OPTION B - 6 - 8. Neighborhood Conservation, Buffer District (N-C-B). Introduced, considered favorably on first reading, and ordered published this 7th day of July, A.D. 2015, and to be presented for final passage on the 21st day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 69 S Impala Dr W Myrtle St Lancer Dr Riddle Dr Briarwood Rd N Bryan Ave N Frey Ave C ol u m bi n e C t Frey Ave N Roosevelt Ave Junip e r C t Franklin St Clover Ln Hillcrest Dr Tedmon Dr Broad v i ew P l Baystone Dr H o m e r D r Birch St Sterling Ln Miller Dr Webb Ave B e e c h Ct Trevor St W Laurel St W Magnolia St Bishop St Fishback Ave Leland Ave Raven View Rd N Briarwood Rd Grandview Ave Pennsylvania St Tarragon Ln E C o y Dr Lakesi d e Ave Corvid Way Jamith Pl Collins Ct Layland Ct W Olive Ct B ri a rwood Rd Elm St Birch St Orc h ard Pl W Oak St S Bryan Ave Lyons St Clover Ln W Mountain Ave Ponderosa Dr Laporte Ave W Mulberry St W Vine Dr S Taft Hill Rd N Taft Hill Rd W Vine Dr N Taft Hill Rd Salud Family Health Rezoning - 1830 LaPorte Avenue 1 inch = 1,000 feet 1,000 500 0 1,000 Feet Site Attachment 31 #1