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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2015 - ADDITION OF PERMITED USE (APU) REVIEW PROCEDURESDATE: STAFF: October 6, 2015 Cameron Gloss, Planning Manager Laurie Kadrich, Director of PDT Tom Leeson, Interim Director, Comm Dev & Neighborhood Svrs WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Addition of Permitted Use (APU) Review Procedures. EXECUTIVE SUMMARY The purpose of this item is to request feedback from Council on the review procedures for Addition of Permitted Use (APU) applications. On September 1, 2015, City Council approved revisions to the APU process whereby the Planning and Zoning Board will make the final decision on a development application associated with those APU requests located within 8 prescribed residential zone districts and make a recommendation to the Council regarding the APU request. Council will then make a final decision on the APU request. Direction is being sought from City Council on the APU review procedures since the adopted City Council procedures for meetings and work sessions do not address how hearings for quasi-judicial proceedings such as APU and rezoning applications are to be conducted. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What are the appropriate City Council review procedures when evaluating Addition of Permitted Use applications? BACKGROUND / DISCUSSION Evaluating Quasi-Judicial Applications At this time, the Rules of Procedure governing City Council hearings do not address how the Council should conduct quasi-judicial hearings on rezonings of no more than 640 acres and APU applications. The only comparable process is contained in the Conduct of Public Hearing found in Section 2.2.7(B) of the Land Use Code, which applies to actions of the Administrative Hearing Officer (Type 1) and Planning and Zoning Board (Type 2). As a point of reference, the 7 step process enumerated in this Land Use Code Section is as follows: Order of Proceedings (1) Director Overview. (2) Applicant Presentation. (3) Staff Report Presented. (4) Staff Response to Applicant Presentation. (5) Public Testimony. (6) Applicant Response (Rebuttal). (7) Staff Response to Public Testimony or Applicant Response (Rebuttal). Three Procedural Options Staff has prepared three procedural options for Council consideration. The three options are differentiated principally by the use of rebuttal in the proceedings. Rebuttals are provided to allow a party to address issues raised by the opposition. In responding to issues, rebuttal is limited to those specific issues and cannot raise new issues or reexamine previous information. October 6, 2015 Page 2  Option A - Applicant Rebuttal This option is essentially a simplified version of the APU review procedures already used by the Planning and Zoning Board. Advantages: Consistency with other quasi-judicial processes in place; simple for participants to follow; and lets an applicant respond to the burden of satisfying the review criteria for granting the APU application. Disadvantages: Fewer opportunities for opposing parties to offer a rebuttal compared to Option C. Order of Proceedings (1) Staff Presentation. (2) Applicant Presentation. (3) Public Testimony in Support or Opposition. (4) Applicant Rebuttal. (5)Staff Response.  Option B - No Rebuttal Another option provides a variation to a basic hearing procedure that eliminates the ability for either party to provide rebuttal. Advantages: Outwardly, makes the process more simple. Can allow Council to question the applicant about issues and concerns raised by opponents. Disadvantages: Doesn’t allow an applicant to provide a response required to satisfy the review criteria for granting the APU application nor afford aggrieved parties the ability to offer a rebuttal to responses by the applicant. Order of Proceedings (1) Staff Presentation. (2) Applicant Presentation. (3) Public Testimony in Support or Opposition.  Option C - Rebuttal and Subrebuttal Advantages: Allows equal time for applicants and opponents in their rebuttal. Disadvantages: Adds complexity to the process and may lengthen hearings. Order of Proceedings (1) Staff Presentation. (2) Applicant Presentation. (3) Public Testimony in Support or Opposition. (4) Applicant Rebuttal (5) Public Rebuttal October 6, 2015 Page 3 Project Background Fort Collins APU regulations compared to other Communities As a follow-up to the September 1, 2015 APU hearing discussion, the Planning staff has been asked to describe how Addition of Permitted Use regulations are applied in other municipalities. Earlier this year, staff conducted a survey of 27 peer cities (Attachment 1) to determine the application of use permits that provide additional use rights without rezoning. None of the communities surveyed allow a process directly comparable to the City’s Addition of Permitted Use regulations nor is staff aware of another community that uses the exact same land use regulatory system. It is also noteworthy that communities typically have zoning provisions through a Conditional Permit process or a PUD ordinance that affords flexibility in land uses. Both of these regulatory systems are described below and have been shared with the Council in a past work session. Conditional Use Permit (CUP) Many zoning codes list certain land uses in zone districts, which may be permitted on a case-by-case basis and under set review criteria, and 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 land planning, site design, and open lands protection that is often not possible with conventional subdivision and zoning parameters. A PUD is usually capable of mixing residential and nonresidential land uses to a greater degree than conventional zoning, enable greater housing options, and the incorporation of 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 unique 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. ATTACHMENTS 1. Existing Land Use Code and Overview of Peer Cities' Codes (PDF) 2. Powerpoint presentation (PDF) 1 Existing Land Use Code and Overview of Peer Cities’ Codes Revised: 9/28/15 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Fort Collins, CO No Fort Collins uses a process called an Addition of Permitted Use (APU) to allow for uses not outlined in the Land Use Code on a particular parcel if the use meets certain conditions. The proposed use must be compatible with the surrounding area and not have an adverse impact. Section 1.3.4 of the Fort Collins Land Use Code - http://colocode.com/f tcollins/landuse/articl e1.htm#sec1d3d4 Greeley, CO Yes, Use by Special Review Use by Special Review is akin to a conditional use permit in other communities. Uses by Special Review are denoted in Greeley’s land use tables and are subject to a public hearing in front of the Greeley Planning Commission. Below is the description of Use by Special Review from section 18.20.060 of the Greeley Municipal Code: Uses by special review (designated by "S" in the Table of Principal Land Uses) possess characteristics that require a public hearing to determine if the uses have the potential to adversely affect other land uses, transportation systems, public facilities or the like in the surrounding neighborhood. Decisions on use by special review requests shall be made by the Planning Commission. The Planning Commission may require conditions of approval necessary to eliminate, or mitigate to an acceptable level, any potentially adverse effects of the proposed use by special review. Section 18.20.060 of the Greeley Municipal Code - http://www.colocode. com/greeleypdf18.ht ml ATTACHMENT 1 2 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Loveland, CO Yes, Use Permitted by Special Review Uses Permitted by Special Review are land uses designated in Loveland’s land use tables that require a special review process like a conditional use permit. The process is described as follows from section 18.40.015 of the Loveland Municipal Code: The purpose of allowing certain uses in a zoning district only upon issuance of a type 2 or type 3 zoning permit is to allow the city the opportunity to determine if the proposed use will be compatible with the surrounding uses of property. As part of its determination, the city may impose special restrictions and conditions, in conjunction with such uses, as deemed necessary, to insure that the purposes set forth in Section 18.04 will be met by the proposed use, that the effects of such uses on the surrounding neighborhood and the public in general will be ameliorated, and that the proposed use may therefore be allowed in a zoning district where it may otherwise be inappropriate and incompatible if such restrictions or conditions were not imposed. To such end, restrictions or conditions more or less strict than those set forth generally for each zoning district may be imposed by the city as a condition of approval of any special review. Section 18.40.015 of the Loveland Municipal Code - http://www.cityoflove land.org/modules/sho wdocument.aspx?doc umentid=72 Lakewood, CO Yes, Special Use Permit Lakewood’s Special Use Permits are designated uses in certain zone districts that require heightened scrutiny to ensure compatibility with its surroundings. Special Use Permits are given to projects that demonstrate that they meet the general development standards for its zone district and use while not substantially impairing the use/development of adjacent properties. The Lakewood Planning Commission is the decision making entity for Special Use Permits. Section 17.2.4 of the Lakewood Municipal Code - http://www.lakewood .org/City_Clerk/Codes _and_Laws/Municipal _Code/Title_17_- _Zoning/Article_2_- _Procedures_and_App eals/Article_2_- _Procedure_and_App eals.aspx Note: the label for section 17.2.4 is incorrect online but the verbiage and supporting diagrams are for Special Use Permits. 3 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Westminster, CO Yes, Use by Special Permit and Conditional Uses Use by Special Permits and Conditional Uses are both used in Westminster. Uses by Special Permit require a public hearing with the Westminster Planning Commission. Conditional Uses are approved administratively by the Planning Manager. Each use permitted by the Use by Special Permit and Conditional Uses processes has their own requirements that must be met. These use specific requirements are in addition to the general compatibility requirements for each permit type. Sections 11-4-8 and 11-4-9 of the Westminster City Code - http://www.ci.westmi nster.co.us/CityGover nment/CityCode/Title XI/4Zoning.aspx#8 Boulder, CO Yes, Conditional Use Permit and Use Review Land uses subject to Conditional Use Permits are denoted in Boulder’s Use Table. Conditional Use Permits are granted by the Planning staff administratively. Boulder’s Use Table also lists uses allowed by going through a Use Review. Use Review is reserved for uses that are allowed in a particular zone district but require more scrutiny to ensure its compatibility with surrounding uses. Use Review also allows non-conforming uses to be modified within certain limits. Most Use Review decisions are made by Planning staff with the exception of non-residential projects in a residential zone district and attached or detached dwelling units or a residential project in a P district. These projects are first reviewed by the Planning staff, who passes along their recommendation to the Planning Board, which ultimately renders a decision. Boulder Use Table - http://www.colocode. com/boulder2/chapte r9-6_table6-1.htm Boulder Use Review process - http://www.colocode. com/boulder2/chapte r9- 2.htm#section9_2_15 Arvada, CO Yes, Conditional Use Permits Conditional Uses are outlined in Arvada’s use table. Conditional Use Permits in Arvada are subject to review by planning staff, the Planning Commission and City Council. City staff first provides the Planning Commission with a report on the Conditional Use Permit request. Then the Planning Commission holds a public hearing and then makes a recommendation to City Council. City Council then ultimately renders a decision for the Conditional Use Permit request. Section 3.14 of the Arvada Land 4 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Thornton, CO Yes, Special Use Permit Special Use Permits are outlined in Thornton’s use table. Special Use Permits go to the Development Permits and Appeals Board. Once a particular use has been allowed via a Special Use Permit, the use runs with the land and new owners are not required to reapply for a Special Use Permit. Section 18-52 of the Thornton Code of Ordinances - https://library.munico de.com/HTML/15041/ level3/CO_CH18DECO _ARTIIDEREPR.html#C O_CH18DECO_ARTIID EREPR_S18- 52SPUSPESU Longmont, CO Yes, Conditional Uses and Limited Uses Conditional Uses and Limited Uses are outlined in Longmont’s use table. Conditional Uses are defined as allowable uses in a zone district that are subject to heightened scrutiny to ensure compatibility with surrounding areas. Conditional Uses are approved administratively by the Development Review Committee, which is a group made up of city staff from planning, utilities, parks and various other departments. Limited Uses are required for certain principal uses that have the potential for negative impacts on surrounding areas. Limited Uses are approved administratively by the Planning Director but can be referred to the Development Review Committee if need be. Conditional Uses - Section 15.02.050(D) - https://library.municode.co m/HTML/14590/level3/PTII COOR_TIT15LADECO_CH 15.02DEREPR.html#PTIIC OOR_TIT15LADECO_CH1 5.02DEREPR_15.02.050R EPRMADEAP Limited Uses - Section 15.02.090(E) - https://library.municode.co m/HTML/14590/level3/PTII COOR_TIT15LADECO_CH 15.02DEREPR.html#PTIIC OOR_TIT15LADECO_CH1 5.02DEREPR_15.02.090S PRERESTMIDEAP Denver, CO Yes, Special Exception Review The Special Exception Review is akin to a Conditional Use Permit in other cities. Uses allowed via Special Exception Review are listed in the use tables. Applications for Special Exception Review are first reviewed by staff and their recommendations are forwarded on to the Board of Adjustment. The Board of Adjustment is a 5- member board that is appointed by the mayor. The Board of Adjustment then 5 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Aurora, CO Yes, Conditional Uses Conditional Uses are outlined in Aurora’s use tables. Most Conditional Uses are approved by the Planning and Zoning Commission. Projects in the E-470 corridor and the northeast plains zoning districts are approved administratively by the Director of Planning. Section 146.402 of the Aurora Building and Zoning Code - https://library.munico de.com/HTML/13725/ level5/SUHITA_AD_CH 146ZO_ART4DEAP_DI V1INGEINZORECOUS.h tml#SUHITA_AD_CH14 6ZO_ART4DEAP_DIV1I NGEINZORECOUS_S14 6-402COUS Colorado Springs, CO Yes, Conditional Uses Conditional Uses are outlined in Colorado Springs’ use table. Conditional Uses are first reviewed by planning staff and then passed along to the Planning Commission. The Planning Commission then holds a public hearing and renders a decision. Section 7.5.701 of the Colorado Springs Zoning Code - http://www.sterlingco difiers.com/codebook /getBookData.php?id= &chapter_id=62753&k eywords=#s849811 Provo, UT Yes, Conditional Use Permits Uses allowed by Conditional Use Permit are outlined in Provo’s use tables. Requests for a Conditional Use Permit are filed directly with the Planning Commission. The Planning Commission then holds a public hearing and in conjunction with reports and recommendations from city staff, renders a decision. Section 14.02.040 of the Provo City Code - http://www.codepubli shing.com/ut/provo/h tml/Provo14/Provo14 0200.html#14.02.040 Gainesville, FL Yes, Special Use Permit Uses allowed by Special Use Permit are outlined in Gainesville’s use tables. Requests for a Special Use Permit are first reviewed by city staff. Staff writes a report with their findings and submits it to the City Plan Board. The City Plan Board then holds a public hearing and renders a decision. Section 30-234 the Gainesville Code of Ordinances- https://library.munico de.com/index.aspx?cli 6 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Eugene, OR Yes, Conditional Use Uses allowed by Conditional Use Permit are outlined in Eugene’s use tables. City staff first reviews Conditional Use Permit applications and writes a report with their recommendations. This report is then given to a hearing official or the Planning Commission, who then holds a public hearing. The hearing official or Planning Commission then renders a decision based on the feedback from the public hearing and the staff report. 9.8075 of the Eugene Code - http://www.eugene- or.gov/DocumentCent er/View/2704 Tacoma, WA Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Tacoma’s use tables. Conditional Use Permits are approved administratively by the Planning Director without a public hearing with the exception of Conditional Use Permits for large- scale retail. Large-scale retail uses applying for a Conditional Use Permit are subject to a public meeting and approval from a hearing examiner. 13.06.640 of the Tacoma Municipal Code (starts on page 13-245) - http://cms.cityoftaco ma.org/cityclerk/Files/ MunicipalCode/Title1 3- LandUseRegulatoryCo de.PDF Garland, TX Yes, Specific Use Permit Uses allowed by Special Use Permit are outlined in Garland’s schedule of uses. Special Use Permits are first reviewed by the Planning Commission. The Planning Commission then gives their recommendation on the proposal to City Council. City Council then renders a decision. If successful, Special Use Permits are passed as an ordinance by City Council. Section 33 of the Garland Comprehensive Zoning Ordinance (starts on page 103) - http://www.ci.garland .tx.us/civicax/filebank/ blobdload.aspx?blobid =4951 Boise, ID Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Boise’s table of allowed uses. Conditional Use Permits are first reviewed by city staff who writes a report on their findings for the Planning and Zoning Commission or a hearing officer. The Planning and Zoning Commission or a hearing officer then holds a public hearing and renders a decision. Section 11-03-04(6) of 7 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Olathe, KS Yes, Special Use Permit Uses allowed by Special Use Permit are outlined in Olathe’s use matrix. Special Use Permits are subject to a public hearing in front of the Planning Commission. The Planning Commission then passes its recommendations along to City Council and City Council renders a decision. City Council passes all Special Use Permits as resolutions. Section 18.40.100 of the Olathe Unified Development Code (starts on page 297) - http://www.olatheks. org/files/Developmen t/Final%20UDO%206- 17-14_0.pdf Santa Rosa, CA Yes, Minor Conditional Use and Conditional Use Santa Rosa has two separate permits for conditional uses depending on the level of scrutiny required for review. Minor Conditional Use Permits are reviewed and approved by a zoning administrator. Public notice is required for Minor Conditional Use Permits but a public hearing is held only if the public requests a hearing before the review date posted on the public notice. Conditional Use Permits require a public hearing in front of the Planning Commission. After the public hearing the Planning Commission renders a decision regarding the Conditional Use Permit application. Section 20-52.050 of the Santa Rosa City Code - http://www.qcode.us/ codes/santarosa/view. php?topic=20-5- 20_52- 20_52_050&frames=o n Cedar Rapids, IA Yes, Conditional Use Uses allowed by Special Use Permit are outlined in Cedar Rapids’ permitted uses table. Requests for a Special Use Permit are first reviewed by city staff. Staff writes a report with their findings and submits it to the Planning Commission. The Planning Commission then reviews the report from city staff and develops a recommendation. The Board of Adjustment then renders a decision after holding a public hearing based on the report from city staff, the recommendations from the Planning Commission and the public hearing. Section 32.02.030(D) of the Cedar Rapids Code of Ordinances - https://library.munico de.com/HTML/16256/ level2/CH32ZO_S32.0 2REAPPR.html#CH32Z O_S32.02REAPPR_32. 02.030SPPR#TOPTITLE Denton, TX Yes, Specific Use Permit 8 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Santa Barbara, CA Yes, Conditional Use Permit and Performance Standard Permit Santa Barbara has two different review processes for allowable uses that require heightened scrutiny. The uses allowed by the Conditional Use Permit process are outlined in the zoning ordinance separately from the use table in Section 28.94.030. Many of the uses outlined have specific requirements in order for a Conditional Use Permit to be granted. Conditional Use Permits require a public hearing in front of the staff hearing officer or the Planning Commission. Either the staff hearing officer or the Planning Commission then renders a decision. Performance Standard Permits are required for uses that are generally compatible within a zone district but have unique features that require heightened review. The uses that require Performance Standard Permits are outlined in Section 28.93.030. Many of the uses outlined have specific requirements in order for a Performance Standards Permit to be issued. Performance Standard Permits are approved administratively by the Community Development Director. Section 28.94 of the Santa Barbara Zoning Ordinance (starts on page 555) - http://www.santabarb araca.gov/civicax/fileb ank/blobdload.aspx?Bl obID=12171 Anaheim, CA Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Anaheim’s use tables. Conditional Use Permits are first reviewed by city staff who writes a report on their findings for the Planning Commission. The Planning Commission then holds a public hearing and renders a decision. Section 18.66 of the Anaheim Municipal Code - http://www.amlegal.c om/nxt/gateway.dll/C alifornia/anaheim/titl e18zoning?f=template s$fn=default.htm$3.0 $vid=amlegal:anaheim _ca$anc= 9 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Bellevue, WA Yes, Conditional Use Permit and Administrative Conditional Use Permit Bellevue has two types of Conditional Use Permits that differ in the level of review. Conditional Use Permits are first reviewed by city staff. City staff then provides a report to the Hearing Examiner who holds a public hearing about the project. The Hearing Examiner then renders a decision based on the staff report and outcome of the public hearing. Administrative Conditional Use Permits are approved by the Director of Planning and have no public hearing requirement. Administrative Conditional Use Permits do require the planning department to inform the public of the application and have a 14-day comment period. The Director of Planning may not issue a decision before the comment period is over. The Director of Planning may also require an applicant to hold a public hearing if the project will have a large impact on the community. Sections 20.30B and 20.30E of the Bellevue Land Use Code - http://www.codepubli shing.com/wa/bellevu e/?BellevueLUC2030B. html#20.30B.110 Athens, GA Yes, Special Use Permit Uses allowed by Special Use Permits are outlined in Athens’ use tables. Special Use Permits are first reviewed by staff. Then a public hearing is held with the Planning Commission. The Planning Commission then develops a recommendation and submits this to the Athens-Clarke County Mayor and Commission. The Athens- Clarke County Mayor and Commission then renders a decision. All Special Use Permits are passed as an ordinance by the Athens-Clarke County Mayor and Commission. Section 9-20 of the Athens-Clarke County Code of Ordinances - https://library.munico de.com/HTML/12400/ level4/PTIIICOOR_TIT9 ZODEST_ARTIZO_CH9- 20SPUS.html#PTIIICO OR_TIT9ZODEST_ARTI ZO_CH9-20SPUS_S9- 20-1SPUSPEGE Irving, TX Yes, Conditional Uses Irving allows certain types of conditional uses in zone districts where they aren’t allowed by right. Irving has a list of 16 uses that can be located in zoning districts where they aren’t allowed by right. The Planning and Zoning Commission first receives the application and develops a recommendation for the Zoning Board of Adjustment. The Zoning Board of Adjustment then holds a public hearing and renders a decision. Section IV of Zoning Ordinance No. 209 - https://library.munico 10 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Norman, OK Yes, Special Use Permit Uses allowed by Special Use Permit are listed in each zone district’s section within the Norman Zoning Ordinance. Special Use Permits are reviewed by the Planning Commission. The Planning Commission also holds a public hearing and collects comments from the public and generates recommendations for City Council. City Council then renders a decision. Section 434.1 of the Norman Zoning Ordinance (starts on page 177) - http://www.normano k.gov/sites/default/fil es/WebFM/Norman/P lanning%20and%20De velopment/Planning% 20and%20Zoning/5- 22- 14%20Complete%20Z oning%20Ordinance.p df Lincoln, NE Yes, Conditional Use and Special Permits Lincoln has two processes for uses that require heightened review. The Special Permit process requires a public hearing in front of the Planning Commission. The Planning Commission is also the decision making entity for Special Permits. The Conditional Use process requires that the proposed use meets certain criteria before being approved. The approvals for a Conditional Use Permit are handled administratively. Sections 27.62 and 27.63 - http://lincoln.ne.gov/c ity/attorn/lmc/ti27/ch 2762.pdf and http://lincoln.ne.gov/c ity/attorn/lmc/ti27/ch 2763.pdf Richardson, TX Yes, Special Permits Special Permits can be granted to all uses outlined in Article XXII-A of the Richardson Comprehensive Zoning Ordinance. A Special Permit can also be granted to a use that isn’t listed so long as it doesn’t violate city, county, state or federal laws. Special Permits are first reviewed by the City Plan Commission. The City Plan Commission then develops a recommendation for City Council. If the recommendation is not to deny the application, City Council puts the application on its agenda and renders a decision. If the City Plan Commission recommends denial, the applicant must request that the application be placed on City Council’s agenda within 10 days after the City Plan Commission’s recommendation. Article XXII-A of the Richardson Comprehensive Zoning Ordinance - https://www.cor.net/ modules/showdocum 11 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Coral Springs, FL Yes, Conditional Use Uses allowed by Conditional Use Permits are listed in each zone district’s section with the Coral Springs Land Development Code. Conditional Use Permits are first reviewed by staff. Then a public hearing is held with the Planning and Zoning Board. The Planning and Zoning Board then develops a recommendation and submits this to the City Commission. The City Commission then renders a decision. Section 250153 of the Coral Springs Land Development Code - https://library.munico de.com/HTML/12612/ level2/CH25ZOOR_AR TIINGE.html#CH25ZO OR_ARTIINGE_S25015 3PRRECOUS Ann Arbor, MI Yes, Special Exception Use Uses allowed by Special Exception Use are listed in each zone district’s section within the Ann Arbor Code of Ordinances. Applications for a Special Exception Use are filed with the planning department. The application is then forwarded to the City Planning Commission for a public hearing. The City Planning Commission then reviews the application, holds a public meeting and renders a decision. Section 5:104 of the Ann Arbor Code of Ordinances - https://library.munico de.com/HTML/11782/ level3/TITVZOPL_CH5 5ZO_ARTXSPEX.html# TITVZOPL_CH55ZO_A RTXSPEX_5_104SPEX Charlottesville, VA Yes, Provisional Use Permit and Special Use Permit Charlottesville has two different review processes for uses that require heightened review. The Special Use Permit process starts with an application being filed with Neighborhood Development Services. Neighborhood Development Services then generates a report with its recommendations that are forwarded along to the Planning Commission and City Council. The Planning Commission then holds a public hearing and makes its recommendations to City Council. City Council then renders a decision. The Provisional Use Permit is handled administratively by a zoning administrator. The zoning administrator reviews the application and then renders a decision. Sections 34-156 and 34-181 of the Charlottesville Code of Ordinances - https://library.munico de.com/HTML/12078/ level3/CO_CH34ZO_A RTIAD.html#TOPTITLE 12 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Asheville, NC Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in section 7-16-2 of the Asheville Code of Ordinances. The Conditional Use Permit process starts with a review by planning and development staff. City staff’s review is then forwarded along to the Technical Review Committee for review. The Technical Review Committee generates a recommendation and sends this the Asheville Planning and Zoning Commission. The Asheville Planning and Zoning Commission then holds a public hearing and generates a recommendation for City Council. City Council then renders a decision. Section 7-5-5 of the Asheville Code of Ordinances - https://library.munico de.com/HTML/12499/ level3/PTIICOOR_CH7 DE_ARTVDEREPR.html #PTIICOOR_CH7DE_A RTVDEREPR_S7-5- 5COUSAP Palo Alto, CA Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Palo Alto’s use tables. Conditional Use Permits are approved administratively by city staff. Section 18.77.060 of the Palo Alto Municipal Code - http://www.amlegal.c om/nxt/gateway.dll/C alifornia/paloalto_ca/t itle18zoning*/chapter 1877processingofper mitsandapprova?f=te mplates$fn=default.ht m$3.0$vid=amlegal:pa loalto_ca$anc=JD_18. 77.060 Portland, ME Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in the regulations for each individual zone district. Conditional Use Permits are processed by the Board of Appeals. Upon receiving a Conditional Use Permit application, the Board of Appeals schedules a public hearing to receive input on the application. After the public hearing, the Board of Appeals renders a decision. Section 14-474 of City of Portland Code of Ordinances (starts on page 665) - http://www.portland maine.gov/Document Center/Home/View/1 080 13 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Burbank, CA Yes, Conditional Use Permit and Administrative Use Permit Burbank has two separate review processes for uses that require heightened review. The Conditional Use Permit process starts with the city planner writing a report for the Planning Board and scheduling a public hearing in front of the Planning Board. The Planning Board then develops recommendations for City Council based on the report from city staff and the public hearing. City Council then renders a decision. An Administrative Use Permit is granted by Community Development Director and all review is handled by city staff. The Director’s decision regarding an Administrative Use Permit is then sent out to all property owners within 1000 feet of the site and can be appealed. Sections 10-1-1934 and 10-1-1954 of Burbank Municipal Code (starts on page 304) - http://www.burbankc a.gov/home/showdoc ument?id=26325 1 Addition of Permitted Use Review Procedures Laurie Kadrich ATTACHMENT 2 Purpose Obtain feedback from City Council on review procedures for Addition of Permitted Use (APU) applications. 2 General Direction Sought What are the appropriate City Council review procedures when evaluating Addition of Permitted Use applications? 3 Three Procedural Options Option A: Applicant Rebuttal + Consistent with today’s practices; simple; provides applicant response - Fewer opportunities for rebuttal compared to Option C 4 Three Procedural Options Option B: No Rebuttal + Simple; Allows Council to question applicant about opponents’ concerns - No ability for applicant to provide a response or opponents to offer a rebuttal to applicant response 5 Option C: Rebuttal and Subrebuttal + Equal Time for applicants’/opponents’ rebuttal - Adds complexity; may lengthen hearings 6 General Direction Sought What are the appropriate City Council review procedures when evaluating Addition of Permitted Use applications? 7 and https://library.munico de.com/HTML/12078/ level4/CO_CH34ZO_A RTIAD_DIV9PRUSPE.ht ml#TOPTITLE ent.aspx?documentid =318 de.com/HTML/14638/ level1/PTIIIZOORNO20 9.html#PTIIIZOORNO2 09_SIVCOUS Uses allowed by Specific Use Permit are outlined in Denton’s use table. Specific Use Permits are subject to a public hearing in front of the Planning and Zoning Commission. The Planning and Zoning Commission then passes its recommendations along to City Council and City Council renders a decision. City Council passes all Specific Use Permits as ordinances. Section 35-106 of the Denton Code of Ordinances - https://library.munico de.com/HTML/10644/ level4/SPBLADECO_C H35ZO_ARTIIIARHEUS RE_DIV4SPUSPE.html# TOPTITLE the Boise Development Code (starts on page 43) - http://cityclerk.cityofb oise.org/media/26280 6/11.pdf entId=10819 holds a public hearing for the Special Exception Review and renders a decision. Section 12.4.9 of the Denver Zoning Code (starts on page 12.4- 25) - http://www.denvergo v.org/Portals/646/doc uments/Zoning/DZC/A rt12_Procedures_DZC _040714.pdf Development Code (starts on page 3-50) - http://static.arvada.or g/docs/Article_3_- _Development_Revie w-1- 201308081225.pdf