HomeMy WebLinkAbout05/31/2018 - Planning And Zoning Board - Supplemental Documents - Special Hearing Supplemental DocumentsPlanning & Zoning Board Special Hearing
Date: 5/31/18
Document Log
Any written comments or documents received the agenda packet was published are listed here.
Unless otherwise stated, these documents are included in the online “Supplemental Documents” for this meeting.
DISCUSSION AGENDA:
1. Planned Unit Development (PUD) Land Use Code Amendment
• Citizen emails/letters:
o Paul Patterson urges the Board to consider requiring two
neighborhood meetings for a PUD.
• Article 5, Definitions, in Attachment 1 was updated in the packet with a
new version on 5/29/18.
• Sections 2.1.1, 2.1.2, 2.1.3 and 2.1.6 were added to Supplemental
Documents on 5/29/18.
2. Oasis on Olive PDP180003
• Applicant response to LPC Condition #3 was added to Supplemental
Documents on 5/30/18.
GENERAL CITIZEN EMAILS/LETTERS: None as of 1:00 p.m. 5/30
EXHIBITS RECEIVED DURING HEARING:
Item # Exhibit # Description:
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
2.1.1 - Decision Maker and Administrative Bodies
The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community Planning and
Environmental Services Director (the "Director") are frequently referenced in this Land Use Code.
Reference should be made to Chapter 2 of the City Code for descriptions of these and other decision
makers and administrative bodies, and their powers, duties, membership qualifications and related
matters.
The Director or the Planning and Zoning Board will consider, review and decide all development
applications for permitted uses (overall development plans, PUD Overlays 640 acres or less, basic
development review plans, project development plans and final plans) according to the provisions of this
Land Use Code. For those development applications subject to basic development review, the Director
(or the Director's subordinate) is the designated decision maker. For those development applications
subject to administrative review (sometimes referred to as "Type 1 review"), the Director is the designated
decision maker (see Section 2.2.7(A)(1)). For those development applications subject to P&Z review
(sometimes referred to as "Type 2 review"), the Planning and Zoning Board is the designated decision
maker (see Section 2.2.7(A)(2)). For PUD Overlays greater than 640 acres, the City Council is the
designated decision maker after receiving a Planning and Zoning Board recommendation. The permitted
use list for a particular zone district and the development review procedure "steps" for a particular
development application identifies which review, Type 1 or Type 2, will apply. For building permit
applications, the Building and Zoning Director is the decision maker (see Section 2.7.3). (See "Overview
of Development Review Procedures," Section 2.1.2, below, for a further description of different levels of
review.)
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
2.1.2 - Overview of Development Review Procedures
This article establishes the development review procedures for different types of development
applications and building permits within the city.
(A) Where is the project located? An applicant must first locate the proposed project on the
Zoning Map. Once the proposed project has been located, the applicable zone district must be
identified from the Zoning Map and legend. Then, by referring to Article 4, District Standards, of
this Land Use Code, the applicant will find the district standards which apply to the zone district
in which the proposed project is located. The city's staff is available to assist applicants in this
regard.
(B) What uses are proposed? Next, an applicant must identify which uses will be included in the
proposed project. If all of the applicant's proposed uses are listed as permitted uses in the
applicable zone district for the project, then the applicant is ready to proceed with a
development application for a permitted use. If any of the applicant's proposed uses are not
listed as permitted uses in the applicable zone district for the project, then the applicant must
either eliminate the nonpermitted uses from his or her proposal, seek the addition of a new
permitted use pursuant to Section 1.3.4, or seek a text amendment to this Land Use Code or a
rezoning amendment to the Zoning Map pursuant to Division 2.9, or seek approval of a PUD
Overlay pursuant to Divisions 2.15 and 4.29. Any use not listed as a permitted use in the
applicable zone district is deemed a prohibited use in that zone district, unless it has been
permitted pursuant to Section 1.3.4 for a particular development application or permitted as part
of an approved PUD Overlay. Again, the city's staff will be available to assist applicants with
their understanding of the zone districts and permitted uses.
(C) Which type of development application should be submitted? To proceed with a
development proposal for permitted uses, the applicant must determine what type of
development application should be selected and submitted. All development proposals which
include only permitted uses must be processed and approved through the following
development applications: first through a project development plan (Division 2.4), and then
through a final plan (Division 2.5). If the applicant desires to develop in two (2) or more separate
project development plan submittals, an overall development plan (Division 2.3) will also be
required prior to or concurrently with the project development plan. Overall development plans,
PUD Overlays, project development plans and final plans are the four three (3) types of
development applications for permitted uses. Each successive development application for a
development proposal must build upon the previously approved development application by
providing additional details (through the development application submittal requirements) and
by meeting additional restrictions and standards (contained in the General Development
Standards of Article 3 and the District Standards of Article 4). Overall development plans and
project development plans may be consolidated into one (1) application for concurrent
processing and review when appropriate under the provisions of Section 2.2.3. The purpose,
applicability and interrelationship of these types of development applications are discussed
further in Section 2.1.3.
(D) Who reviews the development application? Once an applicant has determined the type of
development application to be submitted, he or she must determine the appropriate level of
development review required for the development application. To make this determination, the
applicant must refer to the provisions of the applicable zone district in Article 4 and the
provisions pertaining to the appropriate development application. These provisions will
determine whether the permitted uses and the development application are subject to basic
development review, administrative review ("Type 1 review"), or Planning and Zoning Board
review ("Type 2 review"), or City Council review in the case of PUD Overlays greater than 640
acres. Identification of the required level of development review will, in turn, determine which
decision maker, the Director in the case of administrative review ("Type 1 review"), or the
Planning and Zoning Board in the case of Planning and Zoning Board review ("Type 2 review"),
or the City Council for PUD Overlays greater than 640 acres, will review and make the final
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
decision on the development application. When a development application contains both Type 1
and Type 2 uses, it will be processed as a Type 2 review.
(E) How will the development application be processed? The review of overall development
plans, PUD Overlays, project development plans and final plans will each generally follow the
same procedural "steps" regardless of the level of review (administrative review or Planning and
Zoning Board review). The common development review procedures contained in Division 2.2
establish a twelve-step process equally applicable to all overall development plans, project
development plans and final plans.
The twelve (12) steps of the common development review procedures are the same for each
type of development application, whether subject to basic development review, administrative
review, or Planning and Zoning Board review, or City Council review in the case of PUD
Overlays greater than 640 acres unless an exception to the common development review
procedures is expressly called for in the particular development application requirements of this
Land Use Code. In other words, each overall development plan, each project development plan
and each final plan will be subject to the twelve-step common procedure. The twelve (12) steps
include: (1) conceptual review; (2) neighborhood meeting; (3) development application
submittal; (4) determination of sufficiency; (5) staff report; (6) notice; (7) public hearing; (8)
standards; (9) conditions of approval; (10) amendments; (11) lapse; and (12) appeals.
However, Step 1, conceptual review, applies only to the initial development application submittal
for a development project (i.e., overall development plan or PUD Overlay when required, or
project development plan when neither an overall development plan nor a PUD Overlay is not
required). Subsequent development applications for the same development project are not
subject to Step 1, conceptual review.
Moreover, Step 2, neighborhood meeting, applies only to certain development applications
subject to Planning and Zoning Board and City Council review. Step 2, neighborhood meeting,
does not apply to development applications subject to basic development review or
administrative review. Step 3, application submittal requirements, applies to all development
applications. Applicants shall submit items and documents in accordance with a master list of
submittal requirements as established by the City Manager. Overall development plans must
comply with only certain identified items on the master list, while PUD Overlays, project
development plans must include different items from the master list, and final plans must
include different items from the master listas well. This master list is intended to assure
consistency among submittals by using a "building block" approach, with each successive
development application building upon the previous one for that project. City staff is available to
discuss the common procedures with the applicant.
(F) What if the development proposal doesn't fit into one of the types of development
applications discussed above? In addition to the four three (3) development applications for
permitted uses, the applicant may seek approval for other types of development applications,
including development applications for a modification of standards (Division 2.8), an
amendment to the text of the Land Use Code and/or the Zoning Map (Division 2.9), a hardship
variance (Division 2.10), an appeal of an administrative decision (Division 2.11) or other
requests. These other types of development applications will be reviewed according to
applicable steps in the common development review procedures.
(G) Is a building permit required? The next step after approval of a final plan is to apply for a
Building Permit. Most construction requires a Building Permit. This is a distinct and separate
process from a development application. The twelve (12) steps of the common development
review procedures must be followed for the Building Permit process. Procedures and
requirements for submitting a Building Permit application are described in Division 2.7.
(H) Is it possible to receive preliminary feedback from the City Council regarding complex
development proposals? If an application for approval of a development plan also entails City
Council approval of an annexation petition, an amendment to the City's Comprehensive Plan, or
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
some other kind of formal action by the City Council, other than a possible appeal under this
Land Use Code, and if a land development or renewal project is determined by the City
Manager to be of community-wide impact, the applicant for such approval may request that the
City Council conduct a hearing for the purpose of receiving preliminary comments from the City
Council regarding the applicant's overall proposal in order to assist the developer in determining
whether to file a development application or annexation petition. All pre-application hearings
scheduled by the City Manager under this provision will be held in accordance with the
provisions contained in Steps 6, 7(B) and 7(C) of the Common Development Review
Procedures, except that the signs required to be posted under Step 6(B) shall be posted
subsequent to the scheduling of the hearing and not less than fourteen (14) days prior to the
date of the hearing. At the time of requesting the hearing, the applicant must advance the City's
estimated costs of providing notice of the hearing. Any amounts paid that exceed actual costs
will be refunded to the applicant. At the conclusion of the hearing, members of the City Council
may, but shall not be required to, comment on the proposal. Any comment, suggestion or
recommendation made by any Councilmember with regard to the proposal does not bind or
otherwise obligate any City decision maker to any course of conduct or decision pertaining to
the proposal. Only one (1) such hearing may be requested.
(IH) Is it permissible to talk with decision makers "off the record" about a development plan
prior to the decision makers' formal review of the application? No. Development plans
must be reviewed and approved in accordance with the provisions of this Land Use Code and
the City's decision whether to approve or deny an application must be based on the criteria
established herein and on the information provided at the hearings held on the application. In
order to afford all persons who may be affected by the review and approval of a development
plan an opportunity to respond to the information upon which decisions regarding the plan will
be made, and in order to preserve the impartiality of the decision makers, decision makers who
intend to participate in the decisions should avoid communications with the applicant or other
members of the public about the plan prior to the hearings in which they intend to participate.
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
2.1.3 - Types of Development Applications
(A) Applicability. All development proposals which include only permitted uses must be processed and
approved through the following development applications: a basic development review; or through a
project development plan (Division 2.4), then through a final plan (Division 2.5), then through a
development construction permit (Division 2.6) and then through a building permit review (Division
2.7). If the applicant desires to develop in two (2) or more separate project development plan
submittals, an overall development plan (Division 2.3) will also be required prior to or concurrently
with the project development plan. A PUD Master Plan associated with a PUD Overlay may be
substituted for an overall development plan (Divisions 2.15 and 4.29). Each successive development
application for a development proposal must build upon the previously approved development
application by providing additional details (through the development application submittal
requirements) and by meeting additional restrictions and standards (contained in the General
Development Standards of Article 3 and the District Standards of Article 4).
Permitted uses subject to administrative review or permitted uses subject to Planning and Zoning
Board review listed in the applicable zone district set forth in Article 4, District Standards, shall be
processed through an overall development plan, a project development plan or a final plan. If any
use not listed as a permitted use in the applicable zone district is included in a development
application, it may also be processed as an overall development plan, project development plan or
final plan, if such proposed use has been approved, or is concurrently submitted for approval, in
accordance with the requirements for an amendment to the text of this Land Use Code and/or the
Zoning Map, Division 2.9, or in accordance with the requirements for the addition of a permitted use
under Section 1.3.4. Development applications for permitted uses which seek to modify any
standards contained in the General Development Standards in Article 3, or the District Standards in
Article 4, shall be submitted by the applicant and processed as a modification of standards under
Division 2.8. Hardship variances to standards contained in Article 3, General Development
Standards, or Article 4, District Standards, shall be processed as hardship variances by the Zoning
Board of Appeals pursuant to Division 2.10. Appeals of administrative/staff decisions shall be
according to Division 2.11. PUD overlays shall be processed pursuant to Divisions 2.15, 4.29.
(B) Overall Development Plan.
(1) Purpose and Effect. The purpose of the overall development plan is to establish general
planning and development control parameters for projects that will be developed in phases with
multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent
submittals. Approval of an overall development plan does not establish any vested right to
develop property in accordance with the plan.
(2) Applicability. An overall development plan shall be required for any property which is intended
to be developed over time in two (2) or more separate project development plan submittals.
Refer to Division 2.3 for specific requirements for overall development plans.
(C) Project Development Plan and Plat.
(1) Purpose and Effect. The project development plan shall contain a general description of the
uses of land, the layout of landscaping, circulation, architectural elevations and buildings, and it
shall include the project development plan and plat (when such plat is required pursuant to
Section 3.3.1 of this Code). Approval of a project development plan does not establish any
vested right to develop property in accordance with the plan.
(2) Applicability. Upon completion of the conceptual review meeting and after the Director has
made written comments and after a neighborhood meeting has been held (if necessary), an
application for project development plan review may be filed with the Director. If the project is to
be developed over time in two (2) or more separate project development plan submittals, an
overall development plan shall also be required. Refer to Division 2.4 for specific requirements
for project development plans.
(D) Final Plan and Plat.
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
(1) Purpose and Effect. The final plan is the site specific development plan which describes and
establishes the type and intensity of use for a specific parcel or parcels of property. The final
plan shall include the final subdivision plat (when such plat is required pursuant to Section 3.3.1
of this Code), and if required by this Code or otherwise determined by the Director to be
relevant or necessary, the plan shall also include the development agreement and utility plan
and shall require detailed engineering and design review and approval. Building permits may be
issued by the Building and Zoning Director only pursuant to an approved final plan or other site
specific development plan, subject to the provisions of Division 2.8.
(2) Applicability. Application for a final plan may be made only after approval by the appropriate
decision maker (Director for Type 1 review, or Planning and Zoning Board for Type 2 review) of
a project development plan, unless the project development and final plans have been
consolidated pursuant to Section 2.2.3(B). An approved final plan shall be required for any
property which is intended to be developed. No development shall be allowed to develop or
otherwise be approved or permitted without an approved final plan. Refer to Division 2.5 for
specific requirements for final plans.
(E) Site Plan Advisory Review.
(1) Purpose and Effect. The Site Plan Advisory Review process requires the submittal and
approval of a site development plan that describes the location, character and extent of
improvements to parcels owned or operated by public entities. In addition, with respect to public
and charter schools, the review also has as its purpose, as far as is feasible, that the proposed
school facility conforms to the City's Comprehensive Plan.
(2) Applicability. A Site Plan Advisory Review shall be applied to any public building or structure.
For a public or charter school, the Planning and Zoning Board shall review a complete Site Plan
Advisory Review application within thirty (30) days (or such later time as may be agreed to in
writing by the applicant) of receipt of such application under Section 22-32-124, C.R.S. For Site
Plan Advisory Review applications under Section 31-23-209, C.R.S., such applications shall be
reviewed and approved or disapproved by the Planning and Zoning Board within sixty (60) days
following receipt of a complete application.
Enlargements or expansions of public buildings, structures, schools and charter schools are
exempt from the Site Plan Advisory review process if:
(a) The change results in a size increase of less than twenty-five (25) percent of the existing
building, structure or facility being enlarged, whether it be a principal or accessory use; and
(b) The enlargement or expansion does not change the character of the building or facility.
Application for a Site Plan Advisory Review is subject to review by the Planning and Zoning
Board under the requirements contained in Division 2.16 of this Code.
(F) PUD Overlay.
(1) Purpose and Effect. The purpose of the PUD Overlay is to provide an avenue for property
owners with larger and more complex development projects to achieve flexibility in site design
by means of customized uses, densities, and Land Use Code and non-Land Use Code
development standards. In return for such flexibility, significant public benefits not available
through traditional development procedures must be provided by the development. A PUD
Master Plan is the written document associated with a PUD Overlay and the PUD Master Plan
sets forth the general development plan and the customized uses, densities, and Land Use
Code and non-Land Use Code development standards. An approved PUD Overlay overlays
the PUD Master Plan entitlements and restrictions upon the underlying zone district
requirements.
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
(2) Applicability. A PUD Overlay is available to properties or collections of contiguous properties
50 acres or greater in size. Refer to Divisions 2.15 and 4.29 for specific requirements and
review of PUD Overlays and PUD Master Plans.
ITEM 1 - Additional Code Sections
DRAFT FOR DISCUSSION PURPOSES ONLY
PENDING FURTHER REVIEW AND REVISION
2.1.6 - Optional City Council Pre-Application Review of Complex Development Proposals
(A) Purpose. A potential applicant for development review may request that the City
Council conduct a hearing for the purpose of receiving preliminary comments from
the City Council regarding the overall development proposal in order to assist the
proposed applicant in determining whether to file a development application or
annexation petition.
(B) Criteria to Qualify for Hearing. The following criteria must be satisfied for a pre-
application hearing to be held:
(1) The proposed development cannot have begun any step of the Common
Development Review Procedures for Development Applications set forth in
Article 2, Division 2.2.
(2) The proposed application for approval of a development plan must require City
Council approval of an annexation petition, an amendment to the City's
Comprehensive Plan, or some other kind of formal action by the City Council,
other than a possible appeal under this Land Use Code
(3) The City Manager must determine in writing that the proposed development will
have a community-wide impact.
(C) Notice and Hearing Procedure. All preapplication hearings will be held in
accordance with the provisions contained in Steps (6), (7)(B) and (7)(C) of the
Common Development Review Procedures, except that the signs required to be
posted under Step (6)(B) shall be posted subsequent to the scheduling of the
session and not less than fourteen (14) days prior to the date of the hearing. At
the time the hearing is requested, the applicant must advance the City's
estimated costs of providing notice of the hearing. Any amounts paid that exceed
actual costs will be refunded to the applicant.
(D) Input Non-Binding, Record. City Council may, but shall not be required to,
comment on the proposal. Any City Council comment, suggestion, or
recommendation regarding the proposal does not bind or otherwise obligate any
City decision maker to any course of conduct or decision pertaining to the
proposal. All information related to a pre-application review shall be considered
part of the record of any subsequent development review related to the proposal
that was the subject of the pre-application review. Only (1) optional review may
be requested for any proposed development application.
ITEM 1 - Additional Code Sections
May 29, 2018
Dear P&Z Board Members,
This letter concerns the agenda item “Planned Unit Development (PUD) Land Use Code
Amendment” for your May 31st Regular Hearing. I strongly urge you to include two
neighborhood meeting in the Division 2.15 - Planned Unit Development Overlay Review
Procedure; with at least one occurring after “uses, modifications to densities and development
standards” have been explicitly stated. The development community is being given “…flexibility
in site design in return for significant benefits…”; the neighborhood residents should have ample
opportunity to understand exactly what flexibility is being given in return for what significant
benefits. For most concerned neighborhood residents this will be their first encounter with the
land use code and development process, understanding of them is a daunting undertaking that
takes time.
Sincerely
Paul Patterson
2936 Eindborough
Fort Collins, CO 80525
ITEM 1 - PUBLIC COMMENT, P. PATTERSON
227 SOUTH HOWES
STREET
SCALE 1" = 10'-0"
0 10' 15' 20'
NORTH
Legal Description:
HANDICAP PARKING STALL
PROPERTY LINE
Site Legend:
EXHIBIT 1
LPC RESPONSE TO
CONDITION #3
LOT 3, OLIVE STREET APARTMENTS
LS-1
BIKE RACKS
Of:
Sheet Number:
PROJECT TITLE
REVISIONS
ISSUE DATE
SHEET TITLE
SHEET INFORMATION
DATE
SEAL
MAY 30, 2018
DATE
PREPARED FOR
310 West Olive Street
Fort Collins CO 80521
Oasis on Olive
This Old Howes LLC
561 York Street
Denver CO 80209
OWNER:
231 SOUTH HOWES
STREET
WEST OLIVE STREET
NEW DRIVEWAY
EXISTING SIDEWALK
STAIR
TOWER
OVERHEAD
GARAGE
DOOR
OVERHEAD
GARAGE
DOOR
ENTRANCE
ONLY
EXIT
ONLY
312 WEST OLIVE
STREET
OVERHEAD
GARAGE
DOOR
COVERED
CONCRETE
PARKING
RESIDENTIAL
UNIT #1
EXISTING PATIO
PRIVATE DRIVE
324 CANYON AVENUE
EXISTING RAMP
LID TREATMENT
RAINGARDEN/PLANTER
6.7'
13.8'
NEW 6' SIDEWALK
CANYON AVENUE
1
REVISION (B)
REVISED LID TREATMENT AREA
SIMILAR TO RAISED PLANTERS
WITH 50% TREATMENT OVERALL
FENCED
YARD
8.6'
4 POLY CARTS
PROPERTY
LINE
PROPOSED HERITAGE PLANTING
AREA. DESIGN TO BE DETERMINED
AT FINAL SUBMITTAL.
EXHIBIT 1 - LPC RESPONSE TO CONDITIONS #3
REVISION (A)
PROPOSED HERITAGE
PLANTING AREA
ITEM 2
APPLICANT RESPONSE TO LPC CONDITION #3