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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/24/2015 - ADDITION OF PERMITTED USE (APU) STANDARDSDATE: STAFF: March 24, 2015 Cameron Gloss, Planning Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Addition of Permitted Use (APU) Standards. EXECUTIVE SUMMARY The purpose of this item is to request feedback from Council on standards for regulating Addition of Permitted Use (APU) applications. Several refinements have been made to the APU standards since a major Land Use Code revision was adopted in 2008 which permitted the Planning and Zoning Board to consider adding uses, on a case-by-case basis, within zone districts where they are not listed as permitted uses. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Do the Addition of Permitted Use standards need to be further amended in order to provide better protection in residential areas? BACKGROUND / DISCUSSION Regulation of Land Use For much of the last century, most communities have adopted some form of “Euclidean” zoning as the dominant, conventional form of public control over land development. Under this system of zoning, uses that are allowed in each zone district are limited, and each lot within the district must meet uniform density and design requirements. As conventional Euclidean zoning has been applied over time, many communities have augmented their zoning system with other tools that build in a degree of flexibility to acknowledge that unforeseen circumstances occur and unique situations exist. Other reasons for adding flexibility involve benefits of mixing uses, within appropriate limits. The two most common of these regulatory tools are the Conditional Use Permit (CUP) and the Planned Unit Development (PUD). Conditional Use Permit (CUP) Many zoning codes list certain land uses in zone districts, but that may be permitted on a case-by-case basis and under set review criteria, where appropriate conditions of approval are determined during the review and approval process. Fort Collins’ APU tool is similar, except that it does not list the uses in advance. Rather, it allows an unforeseen use to be proposed and then reviewed for the conditions needed to make it compatible in the given situation. Like APU, a Conditional Use Permit (CUP) does not change the underlying zoning, but rather provides a project specific change in the uses allowed on the property. Instead, a conditional use permit applies the provisions of the zoning ordinance and its standards to the specific circumstances which characterize a proposed land use. If a CUP is approved by a governing body, it will typically require that certain “conditions of approval” be met by the applicant. Alternatively, uses may be denied which do not meet adopted standards or cannot be made compatible with the surrounding neighborhood pending certain conditions of approval. Planned Unit Development (PUD) A planned unit development (PUD) ordinance typically allows for larger, mixed developments with each development master plan initiated by a developer. A PUD can offer a degree of flexibility that allows creativity in March 24, 2015 Page 2 land planning, site design, and open lands protection that is often not possible with conventional subdivision and zoning parameters. Properly applied, a PUD is capable of mixing residential and nonresidential land uses, providing broader housing choices, allowing more compact development, and permanently preserving common open space. In exchange for design flexibility, developers are often better able to provide amenities and infrastructure improvements, and find it easier to incorporate site attributes. Some communities apply PUD as an overlay zone, so that the underlying zoning district remains, while others use PUD as a separate zone district designation. Fort Collins Land Use Regulations Today Fort Collins’ zoning prescribes land uses in 25 zone districts. It was designed to implement the policy vision of City Plan and the Structure Plan Map. This high degree of specificity was intended to bring a measure of extra predictability to Fort Collins’ land use regulatory system relative to the previous PUD zoning known as the Land Development Guidance System (LDGS). APU is Fort Collins’ regulatory tool that provides land use flexibility, other than rezoning. The Land Use Code does not include a CUP process or a PUD ordinance. The City adopted a pilot process called the Planned Development Overlay District (PDOD) which adapted the planning concept of PUD’s with performance standards and applied it to a defined geographic area. PDOD has proven to generate no developer interest, partly because the APU process already adds some flexibility. No PDOD submittals have been made since the process was adopted by Council in 2012. The Work Completed To Date  A subcommittee was formed to identify and address concerns related to the APU process. The subcommittee included representatives from the Board, staff, neighborhoods and the development community.  A history of the use of APU was provided to the Board and Committee for review.  Based on the work of the committee, suggestions were made to the Planning and Zoning Board for inclusion in the Land Use Code update process.  On July 1, 2014, Council adopted the Annual Land Use Code changes on Second Reading. These changes included the first steps in addressing neighborhood concerns, including the addition of a second neighborhood meeting after P.D.P. Submittal that specifically acknowledges what was changed about the proposed plan based on neighbor feedback.  On July 2, 2014, the Planning and Zoning Board met with its Board Liaison, Mayor Weikunat, to discuss the Board's work on the Addition of Permitted Use (APU) At its work session on July 10, 2014, the Planning and Zoning Board requested that staff investigate whether a Conditional Use Permit process or similar land use regulatory change could be enacted that would help the community address issues that have arisen with the present APU process.  On August 8, 2014, Planning and Zoning Board evaluated whether a Conditional Use Permit (CUP) would be a better tool than our current APU process. o After reviewing the pros and cons of a CUP process, the Board concluded that the CUP approach would not be suitable at this time given the substantial change in the land use regulatory system. The Board requested that the APU discussion be part of the broader public policy discussions slated for the next City Plan update (tentatively 2016-2017). Subsequently, the Planning and Zoning Board directed staff to prepare additional Land Use Code changes to further protect neighborhood character.  On December 9, 2014, City Council adopted the Fall 2014 Land Use Code amendments. Specific code additions include two general approval criteria for APU applications, introduction of a possible range of conditions the Planning and Zoning Board may apply to an APU approval, and clarification that a new APU March 24, 2015 Page 3 application is triggered when changes to the location, design, or operational characteristics of the new APU are inconsistent with neighborhood character.  The City has drafted a Development Review Process Survey that will be administered in April 2015, polling both citizens and members of the development community. Some of the questions posed within the survey will pertain to the inclusion of non-residential uses within residential areas, which appears to be one of the central issues raised by critics of the APU process. The Planning and Zoning Board's perspective on the APU  In the past few years, based on Council direction and the vision of City Plan, the Board and staff have worked to better engage the community in all processes related to Development Review. The work undertaken to improve the APU process and regulations is just one part of the overall development review process improvements.  The Board views the APU as the key tool for providing flexibility in land uses as the community transitions to a small, urban city. Just as the Modification of Standard allows for flexibility in specific physical development standards, the APU provides land use flexibility. The Board does not believe that the APU process should be removed from any of the existing zone districts. Nor does the Board support any method that would require neighbor consent in order to apply for an APU as the code provides sufficient criteria to determine whether an APU should be granted. As mentioned, the APU process groups Fort Collins with the majority of communities that include a Conditional Use Permit (CUP) or a Planned Unit Development (PUD) option within their regulations to provide land use flexibility.  The tool is less intrusive than re-zoning, as it only allows one specific land use, and is only approved if specific conditions shown and listed in development plans for each site can ensure consistency with the zone district (see Attachment 1 for Addition of Permitted Use summary).  The tool has been typically used as a buffer to existing neighborhoods, as it is most often used on the transitional edges of neighborhoods on large arterial streets; or to address unique situations in new neighborhoods, e.g., BuckingHorse.  The Planning and Zoning Board has indicated to staff that additional land uses be evaluated for inclusion in zone districts as permitted uses during the development of long-range land use plans for neighborhoods and districts, along corridors, and Citywide via the next City Plan Update. ATTACHMENTS 1. Addition of Permitted Use Summary (PDF) 2. Powerpoint presentation (PDF) 1 Addition of Permitted Use The following uses were authorized by the Director as entirely new uses in the Land Use Code that had not previously been recognized. 1. Non-Alcoholic Nightclub was added to the D, Downtown zone, Old City Center sub-district. 2. Wildlife Rescue and Education Center was added to the I, Industrial zone. 3. Campus Employment was added to the C-C-R, Community Commercial Poudre River zone. 4. Music Facility, Multi-Purpose was added to the C-C, Community Commercial zone. The A.P.U. process was amended in July of 2008 to authorize the Planning and Zoning Board to consider an A.P.U. in which the use is recognized in the Land Use Code and listed in zone districts, but not in the zone being requested. To date, the following requests have been processed: 1. Wholesale Distribution - 4800 Innovation Drive (existing building, formerly Simpson Sheet Metal) in the H-C, Harmony Corridor zone. This was in conjunction with an Amendment to a Final Plan. Approved. 2. Restaurant, Drive-in and Gas station – North College Shopping Center (King Soopers) at the northeast corner of North College and Willox Lane in the C-C-N, Community Commercial - North College zone. This was in conjunction with a Preliminary Design Review. Approved with special conditions on the plans. 3. Workshop and Custom Small Industry - 525 South Taft Hill Road (existing building, formerly Atlas Roofing) in the L-M-N, Low Density Mixed-use Neighborhood zone. This was in conjunction with an Amendment to a Final Plan (Atlas Roofing P.U.D.). Approved with special conditions on the plans. 4. Recreational vehicle, boat and truck storage to a property located one lot east of the southeast corner of South College Avenue and Skyway Drive, located in the CG, General Commercial zone. (Formerly in the County and annexed as part of the Southwest Enclave.) Denied. This was in conjunction with a P.D.P. Then after the adoption of the South College Corridor Plan, the request was re-submitted and approved. ATTACHMENT 1 2 5. Warehouse and Public Facility to the Poudre School District property on East Prospect Road in the U-E, Urban Estate zone. This was in conjunction with an Overall Development Plan. Denied. 6. Unlimited Indoor Recreation – Rocky Mountain Archery in the H-C, Harmony Corridor zone. Since the building exceeded 5,000 square feet, it was then defined as “unlimited.” Submitted with P.D.P. Approved. 7. Professional Office and Bed and Breakfast with Six or Fewer Beds – 1124 West Mulberry at the northeast corner of Mulberry and Shields, existing building was occupied by State Farm Insurance in the N-C-L, Neighborhood Conservation Low Density zone. Approved with condition that there be no exterior changes. 8. Light Industrial to the former Toys R Us building at 120 Bockman Drive, zoned C-G, General Commercial, to allow Ice Energy to occupy the building specifically for research, design, development, prototype fabrication and testing in association with an office component in conjunction with a referral of Minor Amendment to the P.U.D. Approved. 9. Professional Office to 616 W. Mulberry, zoned N-C-M, Neighborhood Conservation Medium Density. This was done in conjunction with a Minor Amendment. (Currently the Sheldon House Bed and Breakfast.) Denied. 10. Child Care Center to former Poudre School District Washington Elementary School, zoned N-C-L, Neighborhood Conservation Low Density. This was done in conjunction with a Site Plan Advisory Review by C.S.U. Approved. 11. Light Industrial to 220 East Olive Street (northwest corner of East Olive Street and Matthews Street), zone N-C-B, Neighborhood Conservation Buffer. Request to convert an existing building from office to micro- brewery, or micro-distillery or micro-winery. This item had two neighborhood meetings and then withdrawn. 12. Professional Office and Agricultural Activities were added to the area of the Bucking Horse O.D.P. that is zoned Urban Estate. Approved with condition. Multi-family was added to the area of the Bucking Horse O.D.P. that is zoned Low Density Mixed-Use Neighborhood. Approved with condition. Retail, Standard Restaurant, Farmers Market, Agricultural Activities and Single Family Detached Dwellings were added to the area of Bucking Horse O.D.P. that is zoned Industrial. Approved with a special condition on the plan. Also, in Bucking Horse: 3 (Bucking Horse O.D.P. included a total of eight uses under the APU process, distributed across three zone districts, but counted as one for the purpose of this list.) 13. Professional Office at 1008 Mantz Court was added to allow a professional office use within an existing single family detached home in association with the adjoining place of worship that is zoned N-C-L, Neighborhood Conservation Low Density. Approved with the condition that there be no exterior alterations and in conjunction with a P.D.P. 14. Multi-family was requested to be added the Christ Center Community Church property at the southeast corner of Drake and Lemay, 175 dwelling units on 11 acres (on a 25-acre church campus) located in the R-L, Low Density Residential zone. This item was submitted in conjunction with a P.D.P. and was approved by P & Z then denied by City Council. 15. Dwelling, Single Family Attached was added to the historic McIntyre House at 137 and 143 Mathews Street in the N-C-B and done in conjunction with a P.D.P. Approved. 16. Retail Store with Vehicle Servicing to the C-C-N, Community Commercial – North College zone at the North College shopping center in conjunction with a P.D.P. Approved with conditions. 17. Convenience Retail Store applied for inclusion into the D, Downtown zone, Canyon Avenue Sub-district, at the northwest corner of South College Avenue and Magnolia Street. Denied. 18. Dwelling, Single Family Attached was added to 220 East Olive Street in the N-C-B and in conjunction with a P.D.P. Approved with condition. 19. Bed and Breakfast with More than Six Beds was added to 616 W. Mulberry (Sheldon House) with no physical changes to the property, in the N-C-M. Approved. Summary of the 19 applications presented to P & Z Board: Approved 8 Approved with Conditions 6 Denied 4 Withdrawn 1 Summary of all applications by Zone District (including the eight in Bucking Horse O.D.P.) – total of 28 uses in 11 zone districts: 4 U-E Urban Estate 3 R-L Low Density Residential 1 L-M-N Low Density Mixed-Use Neighborhood 2 N-C-L Neighborhood Conservation Low Density 3 N-C-M Neighborhood Conservation Medium 2 N-C-B Neighborhood Conservation Buffer 3 D Downtown 2 C-C-N Community Commercial North College 2 C-C-R Community Commercial Poudre River 1 C-G, General Commercial 2 H-C Harmony Corridor 2 I Industrial 6 1 Addition of Permitted Use (APU) City Council Work Session March 24, 2015 Laurie Kadrich, CDNS Director Cameron Gloss, Planning Manager ATTACHMENT 2 2 Purpose • Obtain feedback from Council on standards for regulating Addition of Permitted Use (APU) applications. 3 General Direction Sought • Do the Addition of Permitted Use standards need to be further amended in order to provide better protection in residential areas? 4 What is an Addition of Permitted Use (APU)? • Either an “undefined use” that was added to a zone district, e.g.- wildlife rescue and education center (1997); or • A use added to a parcel even though the use is recognized and permitted in other zone districts (2008) 5 Land Use Regulation Continuum **Performance (use) Planned Unit Development Euclidean (Prescriptive) Conditional Use Permit APU *Form-based (use) Flexibility Predictability *Prescriptive Design Requirements **Impacts Assessed 6 What our record on APU’s? • 19 applications presented to the Planning and Zoning Board – 8 approved – 6 approved, with conditions – 4 denied – 1 withdrawn 7 General Direction Sought • Do the Addition of Permitted Use standards need to be further amended in order to provide better protection in residential areas?