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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/21/2015 - ITEMS RELATING TO THE ADDITION OF PERMITTED USE AMAgenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY July 21, 2015 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Items Relating to the Addition of Permitted Use Amended Process. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 079, 2015, Imposing a Moratorium Upon the Application or Effectiveness of Section 1.3.4(D) of the Land Use Code Pertaining to the Addition of Permitted Uses by the Planning and Zoning Board. B. Second Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in Eight Zone Districts. The purpose of this item is to amend the Land Use Code to require City Council review of Addition of Permitted Use (APU) applications in eight residential zone districts and to enact a moratorium on such applications for a period of ninety (90) days from the effective date of Ordinance No. 79, 2015 or until the effective date of Ordinance No. 80, 2015, whichever occurs first. Ordinance No. 079, 2015 was adopted on First Reading on July 7, 2015 by a vote of 5-2 (Nays: Campana, Troxell). Ordinance No. 080, 2015 was unanimously adopted on First Reading on July 7. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on Second Reading. BACKGROUND / DISCUSSION The ability of the Planning and Zoning Board to consider adding uses, which are already defined in the Land Use Code, to zone districts where such uses are otherwise not permitted was introduced into the Land Use Code in 2008. Ordinance No. 079, 2015 enacts a moratorium on APU applications for a period of ninety days (90) or from the effective date of Ordinance No. 080, 2015, whichever comes first. Under proposed Land Use Code change, the following eight predominantly residential zone districts where the APU would not be applicable are:  Rural Lands District (R-U-L)  Urban Estate District (U-E)  Residential Foothills District (R-F)  Low Density Residential District (R-L)  Low Density Mixed –Use Neighborhood District (L-M-N)  Medium Density Mixed-Use Neighborhood District (M-M-N)  Neighborhood Conservation, Low Density District (N-C-L)  Neighborhood Conservation, Medium Density District (N-C-M) Agenda Item 21 Item # 21 Page 2 The staff has added clarification to the language of Section 2.9.4 that the APU review process to be followed will be consistent with the rezoning process for parcels of no more than 640 acres in size. ATTACHMENTS 1. First Reading Agenda Item Summary, July 7, 2015 (w/o attachments) (PDF) 2. Powerpoint presentation (PDF) 3. Ordinance No. 079, 2015 (PDF) Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY July 7, 2015 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Items Relating to the Addition of Permitted Use Amended Process. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 079, 2015, Imposing a Moratorium Upon the Application or Effectiveness of Section 1.3.4(D) of the Land Use Code Pertaining to the Addition of Permitted Uses by the Planning and Zoning Board. (OPTION 1) or B. First Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in Nine Zone Districts. (OPTION 2 - Residential Zones Only) or C. First Reading of Ordinance No. 081, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in All Zone Districts. (OPTION 3 – All Zones) The purpose of this item is to amend the Land Use Code to require City Council review of Addition of Permitted Use (APU) applications in nine residential zone districts or in all zone districts or, alternatively, enact a moratorium on such applications for a period no longer than five years. STAFF RECOMMENDATION Staff recommends no Land Use Code changes to Section 1.3.4 Addition of Permitted Uses (APU). BACKGROUND / DISCUSSION The ability of the Planning and Zoning Board to consider adding uses, which are already defined in the Land Use Code, to zone districts where such uses are otherwise not permitted was introduced into the Land Use Code in 2008. A series of recent Land Use Code amendments have been made to address concerns that the degree of flexibility afforded to developing property owners under the APU process has been provided at the expense of neighborhood livability and character, and that the outcomes are too unpredictable. Over the past three years, the Code requirements were expanded to include the requirement for two neighborhood meetings, additional criteria that include safeguards that protect predominant neighborhood character, and the requirement that changes to the location, size, design or operating characteristics to an existing APU trigger a new APU review. The Planning and Zoning Board continues to receive input on these revisions, including a specific citizen request to prohibit the APU process in nine (9) zone districts however, this input did not result in the requested prohibition. The following predominantly residential zone districts where the APU would not be applicable, as identified in the citizen request, are: ATTACHMENT 1 Agenda Item 23 Item # 23 Page 2  Rural Lands District (R-U-L)  Urban Estate District (U-E)  Residential Foothills District (R-F)  Low Density Residential District (R-L)  Low Density Mixed –Use Neighborhood District (L-M-N)  Medium Density Mixed-Use Neighborhood District (M-M-N)  Neighborhood Conservation, Low Density District (N-C-L)  Neighborhood Conservation, Medium Density District (N-C-M)  Neighborhood Conservation, Buffer District (N-C-B) At its public hearing on June 2, City Council requested that staff develop potential options for a moratorium on APU applications within the aforementioned districts. Staff has prepared three options for Council consideration: Option 1 – 5-year moratorium on APU applications. The suggested moratorium period roughly coincides with the completion of the upcoming City Plan Update. Option 2 – City Council review of APU applications within 9 zone districts. Under this approach, City Council would be the decision maker on standalone APU applications and those development plan applications consolidated with a request for an APU. Council consideration would follow an APU review and recommendation by the Planning and Zoning Board. This option pertains solely to APU applications within the nine aforementioned districts. Option 3 – City Council review of APU applications in all zone districts. The third option extends City Council purview of APU review as described in Option 2 to properties in all zone districts. Staff concurs with the Planning and Zoning Board’s position that recent changes to the Land Use Code sufficiently address neighborhood concerns and that no Code changes are needed at this time. However, should the Council determine that a Land Use Code change is warranted, staff recommends Option 2, with the suggested modification that the Medium Density Mixed-Use Neighborhood (M-M-N) be removed from the list of applicable zone district since the MMN districts typically abut commercial areas or other activity centers and are more removed from established detached single family neighborhoods. CITY FINANCIAL IMPACTS None. BOARD / COMMISSION RECOMMENDATION At its regular meeting on May 14, 2015, the Planning and Zoning Board voted unanimously to recommend that no changes be made to Section 1.3.4 of the Land Use Code. At its regular meeting on May 14, 2015, the Planning and Zoning Board voted unanimously to recommend that no changes be made to Section 1.3.4 of the Land Use Code (Attachment 1). 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 design standards, the APU provides land use flexibility (see Attachment 2 - P & Z summary). Agenda Item 23 Item # 23 Page 3 PUBLIC OUTREACH There has been no public outreach on the APU process since the adoption of the most recent revisions in September 2014. ATTACHMENTS 1. Planning and Zoning Board minutes (draft), May 14, 2015 (PDF) 2. Planning and Zoning Board memo to Council, June 23, 2015 (PDF) 3. Powerpoint presentation (PDF) Addition of Permitted Use Land Use Code Amendment 6-9-15 Cameron Gloss July 7 City Council Summary 2 City Council review of APU applications within 8 zone districts: • Rural Land Use (R-U-L) • Residential Foothills Development (R-F) • Urban Estate (U-E) • Low Density Residential (R-L) • Neighborhood Conservation, Low Density (N-C-L) • Neighborhood Conservation, Medium Density (N-C-M) • Neighborhood Conservation, Buffer (N-C-B) • Low Density Mixed –Use Neighborhood (L-M-N) Review Process 3 Review Process for APU Applications within the 8 Zone Districts: Step 1: Conceptual Review Step 2: Two Neighborhood Meetings Step 3: Development Submittal/Sign Posted Step 4: Staff Reviews Application Step 5: Planning and Zoning (P & Z ) Board Public Hearing and recommendation Step 6: City Council Public Hearing and decision - 1 - ORDINANCE NO. 079, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS IMPOSING A MORATORIUM UPON THE APPLICATION OR EFFECTIVENESS OF SECTION 1.3.4(D) OF THE LAND USE CODE PERTAINING TO THE ADDITION OF PERMITTED USES BY THE PLANNING AND ZONING BOARD 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 subject to a moratorium for a period of ninety days from the effective date of this Ordinance or until the effective date of Ordinance No. 80, 2015, whichever shall first occur with respect to 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 as follows: Section 1. That a moratorium be imposed upon the application or operation of Section 1.3.4(D) of the Land Use Code and any related cross-reference thereto in the zone districts specified below: 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) - 2 - 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). Section 2. That such moratorium shall continue for a period of ninety (90) days from the effective date of this Ordinance or until the effective date of Ordinance No. 80, 2015, whichever shall first occur. 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 - 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 - 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 acres in size, as set forth in pursuant to Section 2.9.4 of this Land Use Code pertaining to text and map amendments. . . . - 3 - (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 ATTEST: _______________________________ City Clerk