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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/15/1999 - ITEMS RELATED TO AMENDING THE LAND USE CODE FWW 77 AGENDA ITEM SUMMARY ITEM NUMBER: 14A-B FORT COLLINS CITY COUNCIL DATE: June 15, 1999 STAFF: Bob Blanchard SUBJECT : Items Related to Amending the Land Use Code. RECOMMENDATION: Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 98, 1999,Amending the Harmony Corridor Plan and the Design Standards and Guidelines. B. Second Reading of Ordinance No. 99, 1999, Making Various Amendments to the City of Fort Collins Land Use Code. Staff has identified 20 Code amendments for consideration at this time. In addition to the LUC amendments,amendments to the Harmon),Corridor Plan and Harmony Corridor Design Standards and Guidelines are recommended to address the issue of convention and conference centers in the Harmony Corridor. Ordinance No. 98, 1999,which was unanimously adopted on First Reading on June 1, 1999, amends the Harmony Corridor Plan and the Design Standards and Guidelines. Ordinance No. 99, 1999, which was also unanimously adopted on First Reading on June 1, 1999, amends the Land Use Code. AGENDA ITEM SUMMARY ITEM NUMBER: 31 A-B DATE: June 1, 1999 10 FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: Items Related to Amending the Land Use Code. RECOMMENDATION: Staff recommends adoption of%the Ordinances on First Read' EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 98, 1999, Amending the Harmony Corridor Plan and the Design Standards and Guidelines.< e- B. First Reading of Or ' y ce No. 99, 19901ling Vari y Amendments to the City of Fort 110 Collins Land Use Code. . "`�• Staff has identified 20 Code amendments for consideration at this time. In addition to the LUC amendments,amendments to the Harmony Corridor Plan and Harmony Corridor Design Standards and Guidelines are recommended to address the issue of convention and conference centers in the Harmony Corridor. BACKGROUND: The Land Use Code was first adpted ch 2T�1 9 . `:an -g' ing effort to refine the Code and resolve implementation issues Khat coni a up drain " use, `egular, twice-a-year process was established to ensure timely reason to tl}eeissts. This s_.,_ report and accompanying issue summaries,resolution and ordinances represent the spring cycle of 1999. Suggestions for Code amendments are solicited from those Boards and Commissions that either work directly with the Land Use Code(such as the Planning and Zoning Board)or are responsible for programs that are implemented through the Code (such as the Natural Resources Advisory Board) and City staff that directly work with the Code and those outside the City organization that depend on staff interpretation of the Code. Two amendments have been identified as warranting discussion: • Convenience stores with fuel sales; and, DATE: June 1, 1999 2 ITEM NUMBER: 31 A-B • Requirements for timely progress on development review projects. All other amendments are considered minor in nature. CONVENIENCE STORES WITH FUEL SALES Problem Statement Recent annexations have promoted an evaluation of a variety of issues surrounding how "Convenience retail stores with fuel sales" are addressed in the Code. Specific issues include: A. Where should'lfconvemence retaikstores with f ielasales be allowed in Fort Collins"? Specifically, sfi% d thes"ees be allowed in th MMN zone? B. Are the definitions relating to these uses clear and appropriate? Solution overview: The Land Use Code now allows Convenience retail stores in the MMN zone. Upon detailed review of the City Plan Principles and Policies, staff is recommending that these uses should not be permitted in this zone. Staff also recommends that a number of clarifications be made to the various definitions related to these usCardfor6bnsidefati6nlastsJp , A� This issue was first brought fo However,some property owners that had recently been placed iMN zone exJ ressed concerns that these changes represented a significant change in the permitted uses with in the zone. These property owners requested that the changes not be made. Council gave staff direction to delay implementation of these code revisions for one year to give the affected property owners a period of time to complete any pending transactions that may have been based on the assumption that C-stores with fuel sales would continue to be permitted in the MMN zone. Attachment 1 is a copy of a memo from Ken Waido dated March 11, 1998 that provides additional information on this issue. �t REQUIREMENTS FOR LY PR RES QD�VEL REVIEW PROJECTS Problem Statement While the development review process is sometimes a lengthy procedure between application and final approval, occasionally, applicants will elect not to actively pursue projects that have been submitted or will make submittals prior to changes in regulations only to let the application languish without significant progress. Because land use regulations change and sub-area plans get adopted, it is desirable to process development applications against the most current regulations possible. When projects do not respond to City comments in a timely fashion, it is appropriate to require resubmittal and compliance with the most recent regulations. However,for those projects that have been in the system an extended time and have continued to try to address City concerns, it is appropriate to continue to review them against the regulations in effect at the time of submittal. DATE: June 1, 1999 3 ITEM NUMBER: 31 A-B Proposed Solution Overview The Land Use Code should be amended to include a provision for timely, continuous progress on development applications. A new section should be included in Section 2.2.11 Lapse. This language could apply to existing projects in the development review process by two mechanisms: Beginning the time period at the time of the next comment letter from the City; or, Resending the last comment letter with notification that the time period is being applied. The proposed language change-would be nierted in Section2.2A1 i Step 11: Lapse ' „ (A) Application Submittals. An application submitted to the City for the review and approval of a development plan must be diligently pursued and processed by the applicant. Accordingly, the applicant,within ninety(90) days of receipt of written comments and notice to respond from the City on any submittal (or subsequent revision to a submittal) of an application for approval of a development plan, shall file such additional or revised submittal documents as are necessary to address such comments from the City. If the additional submittal information or revised submittal is not filed within *saidjPperio�d -'Of---timethe `development application shall automatically lapse and i ecom"uh and void. ,,the Director may grant one (1) extension of the;foregoi4l nines (90) day requirement, which extension may not exceed thirty (30)vdays in leng[h. This subsection (A) shall apply to applications which are, or have been, filed pursuant to this Land Use Code and to applications which are, or have been, filed pursuant to the laws of the City for the development of land prior to the adoption of this Land Use Code. HARMONY CORRIDOR PLAN AND HARMONY CORRIDOR DESIGN STANDARDS AND GUIDELINES The recommended addition of conventitn and +rejcecenters to the HC - Harmony Corridor Zone District,requires the amendment ofoth thIazmony Corridor Plan and the Harmony Corridor Design Standards and GuideIinesanaddifron.toheland Use-Code. Specifically, Chapter 3 of the Corridor Plan, Policy LU—2 would be amended to include convention and conference centers as a permitted secondary use. The section of the Harmony Corridor Design Standards and Guidelines dealing with Land Use and Locationai Standards and Guidelines would also be amended to include convention and conference centers as a permitted secondary use. PUBLIC OUTREACH City staff held a public open house to review the proposed Code amendments on March 30, 1999 in the conference room at 281 North College Avenue. The open house was attended by 5 individuals to receive advance copies of the proposed changes. No issues were discussed. I DATE: June 1, 1999 4 ITEM NUMBER: 31 A-B The proposed changes were also presented to the Home Builders Association at a lunch meeting on April 22. Concerns were expressed over the proposed time frame for required responses to development review comments (Item # 203). Questions were also raised as to the possibility of phasing vested rights timelines for approved projects. PLANNING AND ZONING BOARD RECOMMENDATION: On Thursday,May 20, 1999,the Planning and Zoning Board voted 6-0 to forward a recommendation of approval for the attached amendments to the Harmony Corridor Plan, the Harmony Corridor Design Standards and Guidelines and the Land Use Code with the exception of item #129, Convenience Stores With Fuel"Sa)ei. The BoaiA7voten-1 t orward a recommendation of approval on that item. No indication regarding the r%egat"ve vote was provided by the Planning and Zoning Boardmember. 1 ._ . ATTACHMENTS: Attachment 1:Memorandum from Ken Waido dated March 11, 1998 regarding convenience stores with fuel sales. Attachment 2: Spring 99 Unresolved Land Use Code Issues Attachment 3: Annotated Issued. Attachment 4: Annotated Ordinance Index