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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/17/2006 - SECOND READING OF ORDINANCE NO. 156, 2006, AMENDIN ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: October 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer SUBJECT Second Reading of Ordinance No. 156,2006,Amending Section 4.17(B)(2)(c)of the Land Use Code to Add a Permitted Use to the R-D-R, River Downtown Redevelopment Zone District. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 3, 2006, amends the Land Use Code to add Health Clubs as a permitted use in the River Downtown Redevelopment Zone District. The new use is proposed as being subject to Administrative Review (Type One). ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer SUBJECT m First Reading of Ordinance No. 156, 2006, Amending Section 4.17(B)(2)(c) of the Land Use Code to Add a Permitted Use to the R-D-R, River Downtown Redevelopment Zone District. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. On September 21, 2006, the Planning and Zoning Board voted 6—0 (on its consent agenda) to approve the Amendment. EXECUTIVE SUMMAR Y This is a request for a text ame ment o e L e Health Clubs as a permitted use in the River Downtown Rede opmen one t. Then use is proposed as being subject to Administrative Review (Typ BACKGROUND Section 2.9.4 of the Land Use Code allows applicants to submit requests to amend the text of the Land Use Code. Such a request must first be considered by the Planning and Zoning Board before being forwarded to City Council for final action in the form of an ordinance. City Council has legislative discretion to approve, modify or deny the request. Applicant's Justification: The applicant has provided a letter that offers justification for adding the use. Briefly, the justification is that a Health Club ' nof to e' orhood and, as this area of the downtown area develops, mor usint e 11 o e in this area. Staff Evaluation of Request: ` Limited Indoor Recreation Establishments are currently permitted uses in the River Downtown Redevelopment zone district,subject to Administrative Review(Type One),while Health Clubs are not permitted uses. Limited Indoor Recreation Establishment is defined as the following: "facilities established primarily for such activities as exercise or athletic facilities; and amusement or recreational services, such as billiard or pool parlors, October 3, 2006 -2- Item No. 21 pinball/video arcades, dance studios, martial art schools, arts or crafts studios; or exercise clubs,but not including bowling alleys or establishments which have large- scale gymnasium-type facilities for such activities as tennis, basketball or competitive swimming. fi ' ' s i d st ' the type ofrecreational use allowed to those s 11-sc 1 acilit nt in more than five thousand (5,000) square feet tha ould b omp bl with type buildings and uses in the zone district in which th s a " Health Clubs differ from Limi ted Indoor Recreation Establishments in that Health Clubs do not have a size restriction, and must offer a variety of facilities (three or more). As defined in the Land Use Code, the term Health Club is defined as: "an establishment that is open only to members and guests and that provides facilities for at least three (3) of the following: aerobic exercises, running and jogging, exercise equipment, game courts and swimming facilities, and that also includes amenities such as spas, saunas, showers and lockers." From an operational perspective, Limited Indoor Recreation Establishments and Health Clubs are very similar. However, many Health Clubs have large-scale gymnasium-type facilities for tennis, basketball and/or swimming; facilities that are prohibited in Limited Indoor Recreation Establishments due to their size. 00 ell it the Limited Indoor Recreation Establishments is intended toe ure th t e fa i ar o t' le with typical buildings and uses in the surrounding zone distri Because the River Downtown Redevelopment zone district specifies development standards for all buildings in the zone district, including massing, placement, character, image, materials and site design, all development proposals are subject to these standards, regardless of their size. Staff, therefore, finds that Limited Indoor Recreation Establishments and Health Clubs are very similar from an operational perspective. The development standards set forth in the River Downtown Redevelopment zone district apply to developments regardless of size to ensure compatibility with surrounding uses. Staff recommends that Health Clubs be considered permitted for Administrative Review (Type One). Other Considerations: This text amendment is being r en a 1 the merits of the proposed use and not in conjunction with a s cific a lop t p ati c applicant has noted interest in adding a health club use to build un nstructio at 351 Linden Street, but staff's recommendation is made indep t o t, t 1 appli n. Should the applicants pursue a change of use project development plan, then staff and the Decision Maker are authorized to review any such proposal by other sections of the Land Use Code. For example, Section 3.5.1(J)(1-6)—Operational and Physical Compatibility Standards, allows staff to impose conditions on a Project Development Plan: October 3, 2006 -3- Item No. 21 "...to ensure that new development will be compatible with existing neighborhoods and uses, including, but not limited to, restrictions on: 1. hours of operatio el' � ; VYnti 2. location on a s' of a f ties al adverse impacts on adjacent uses s as not and 3. placement of tra to 4 location of loading and delivery zones; 5 light intensity and hours of full illuminations; 6. placement and illumination of outdoor vending machines." Staff and the Decision Maker have the discretion to impose restrictions. If necessary, such conditions may include limiting hours of operation, special sound-proofing for the building, installation of extra landscaping, specifying the location of any courts, gymnasiums or pools, or other mitigation measures that may be required to address compatibility issues on a site-by-site basis. Planning and Zoning Board Recommendation: On September 21, 2006, the Planning and Zoning Board voted 6 — 0 (on its consent agenda with Member Schmidt abstaining d[:in fl' t Ytotione4.13(B)(2)(c) Text Amendment by taking h followingaction: to A. Recommend approval h bs of the River Downtown Redevelopment zone district as a Type One permitted use. ATTACHMENTS 1. Applicant's Justification for Land Use Code Amendment. 2. Location Map. ORDINANCE NO. 156, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 4.17(B)(2)(c) OF THE LAND USE CODE TO ADD A PERMITTED USE TO THE R-D-R, RIVER DOWNTOWN DEVELOPMENT ZONE DISTRICT WHEREAS,on March 18, 1997,by Ordinance No.051, 1997,the Council of the City of Fort Collins adopted the Fort Collins Land Use Code(the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors,but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the Land Use Code contains a zone district known and the "River Downtown Redevelopment Zone District" (the "R-D-R Zone District') which permits "Limited Indoor Recreation Establishments" but does not permit "Health Clubs" as uses allowed in the R-D-R Zone District; and WHEREAS, from an operational perspective, limited indoor recreation establishments and health clubs are very similar; and WHEREAS, because of the stringent R-D-R Zone District regulations regarding building massing, placement, character, image, materials and site design, both Limited Indoor Recreational Establishments and health clubs can be made compatible with other uses in such district; and WHEREAS, pursuant to Section 2.9.4 of the Land Use Code, the City has received an application request to amend the text of the Land Use Code to amend the R-D-R Zone District permitted use list to add health clubs as a permitted use; and WHEREAS, on September 21, 2006, the Planning and Zoning Board voted to recommend that the City Council amend Section 4.17(B)(2)(c)to add"health clubs" as a permitted use in the R- D-R Zone District; and WHEREAS, the Council has determined that the proposed amendment to the R-D-R Zone District is in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 4.17(13)(2)(c) of the Land Use Code be amended by the addition of a new subparagraph 12 to read as follows: 12. Health clubs. Introduced, considered favorably on first reading, and ordered published this 3rd day of October, A.D. 2006, and to be presented for final passage on the 17th day of October, A.D. 2006. Mayo ATTEST: 1.1 X I -- I City Clerk Passed and adopted on final reading on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk