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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/01/2015 - FIRST READING OF ORDINANCE NO. 155, 2015, MAKING VAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY December 1, 2015 City Council STAFF Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 155, 2015, Making Various Amendments to the Land Use Code. EXECUTIVE SUMMARY The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in nature that have been identified since the last update in July 2015. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March of 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. BOARD / COMMISSION RECOMMENDATION All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at various work sessions between August and October of this year. At its November 12, 2015 meeting, the Planning and Zoning Board considered the proposed revisions and voted unanimously to recommend to Council approval of all the changes. Fugitive Dust - Not Included in This Ordinance The Board also considered, but tabled, two references that would update the old title “Storm Drainage Design Criteria and Construction Standards” to the new title “Stormwater Criteria Manual.” This revision was continued for one month due to concerns about the larger and separate project that proposes to regulate a variety of aspects related to Fugitive Dust. This project is being managed by Environmental Services and is tracking independent of the biannual Land Use Code Revisions. Mobile Food Vendors - Not Included in This Ordinance The Ordinance does not contain any revisions relating to various aspects regarding Mobile Food Vendors. As with Fugitive Dust, this item is separate and tracking independently of the biannual Land Use Code Revisions. Further, any potential changes related to Mobile Food Vendors would be made to Chapter 15 of the City Code and not the Land Use Code. Agenda Item 9 Item # 9 Page 2 PUBLIC OUTREACH The proposed revisions were listed on “This Week in Development Review,” the weekly online notice that is posted on the website and sent to approximately 435 subscribers. The items were then noted on the “Agenda” notice for the November Planning and Zoning Board public hearing, and then post hearing, listed again under “Recent Outcomes.” ATTACHMENTS 1. Land Use Code Issues List (PDF) 2. Annotated Issues List (PDF) 3. Annotated Ordinance Index (PDF) ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ORDINANCE NO. 155, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted 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 the City 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, City staff and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1.3.4(E) of the Land Use Code is hereby amended to read as follows: (E) 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 the City Council with respect to any zone district listed in subsection (G), 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 upon the public and neighborhoods, and to ensure compatibility of uses. Section 3. That Section 2.2.10 of the Land Use Code is hereby amended to read as follows: 2.2.10 Step 10: Amendments and Changes of Use (A) Minor Amendments and Changes of Use. Minor amendments to any approved development plan, including any Overall Development Plan or Project Development Plan, or any site specific development plan, (except replats)or the existing condition of a platted property, and changes of use meeting the criteria of 2.2.10(A)(1) or 2.2.10(A)(2), may be approved, approved with conditions, or denied administratively by the Director and may be authorized without additional public hearings. Such minor amendments and changes of use may be authorized by the Director as long as the development plan, as so amended, continues to comply with the standards of this Code to the extent reasonably feasible, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Code by reason of such amendments). Minor amendments and changes of use shall only consist of any or all of the following: (1) Any change to any approved development plan or any site specific development plan (except a minor subdivision [no longer authorized in this Code]) which was originally subject only to administrative review and was approved by the Director, or any change of use of any property that was developed pursuant to a basic development review or a use-by-right review under prior law; provided that such change would not have disqualified the original plan from administrative review had it been requested at that time; and provided that the change or change of use complies with all of the following criteria applicable to the particular request for change or change of use: (a) the minor amendment Rresults in an increase by one (1) percent or less in the approved number of dwelling units, except that in the case of a change of use of any property that was developed pursuant to a basic development review or use-by-right review under prior law, the number of dwelling units proposed to be added may be four (4) units or less; or (b) the minor amendment Rresults in an increase or decrease in the amount of square footage of a nonresidential land use or structure that does not change the character of the project; or (c) the minor amendment Rresults in a change in the housing mix or use mix ratio that complies with the requirements of the zone district and does not change the character of the project; or (d) the minor amendment Ddoes not result in a change in the character of the development; or (e) the minor amendment Ddoes not result in new buildings, building additions or site improvements, such as parking lots and landscaping, that are proposed to be located outside the boundaries of the approved Project Development Plan or approved site specific development plan; or (f) the minor amendment Rresults in a decrease in the number of approved dwelling units and does not change the character of the project, and that the plan as amended continues to comply with the requirements of this Code.; and (g) Iin the case of a change of use of any property that was developed pursuant to a basic development review or use-by-right review under prior law, the minor amendment change of use results in the building and parcel of ground upon which the building is located being brought into compliance, to the extent reasonably feasible, with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Code. (2) Any change to any approved development plan or any site specific development plan which was originally subject to review by the Planning and Zoning Board (either as a Type 2 project or as a project reviewed by the Planning and Zoning Board under prior law), or any change of use of any property that and was approved by the Planning and Zoning Board; provided that the change or change of use complies with all of the following criteria applicable to the particular request for change or change of use: (a) the minor amendment Rresults in an increase or decrease by one (1) percent or less in the approved number of dwelling units; or (b) the minor amendment Rresults in an increase or decrease in the amount of square footage of a nonresidential land use or structure that does not change the character of the project; or (c) the minor amendment Rresults in a change in the housing mix or use mix ratio that complies with the requirements of the zone district and does not change the character of the project; or (d) the minor amendment Ddoes not result in a change in the character of the development; andor (e) the minor amendment Ddoes not result in new buildings, building additions or site improvements, such as parking lots and landscaping, that are proposed to be located outside the boundaries of the approved Project Development Plan or approved site specific development plan. (3) Referral. In either (1) or (2) above, the Director may refer the amendment or change of use to the Administrative Hearing Officer or Planning and Zoning Board. The referral of minor amendments to development plans or changes of use allowed or approved under the laws of the City for the development of land prior to the adoption of this Code shall be processed as required for the land use or uses proposed for the amendment or change of use as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located. The referral of minor amendments or changes of use to project development plans or final plans approved under this Code shall be reviewed and processed in the same manner as required for the original development plan for which the amendment or change of use is sought, and, if so referred, the decision of the Hearing Officer or Planning and Zoning Board shall constitute a final decision, subject only to appeal as provided for development plans under Division 2.3, 2.4 or 2.5, as applicable, for the minor amendment or change of use. (4) Appeals. Appeals of the decision of the Director regarding the approval, approval with conditions or denial of, a change of use, or a minor amendments of any approved development plan, or site specific development plan, or the existing condition of a platted property, shall be to the Planning and Zoning Board. Any such appeal shall be taken by filing a notice of appeal of the final decision with the Director within fourteen (14) days after the action that is the subject of the appeal. The decision of the Planning and Zoning Board on such appeals shall constitute a final decision appealable pursuant to Section 2.2.12 (Step 12). (B) Major Amendments and Changes of Use Not Meeting the Criteria of 2.2.10(A). (1) Procedure/Criteria. Amendments to any approved development plan, (including any Overall Development Plan or Project Development Plan), or any site specific development plan, and changes of use that are not determined by the Director to be minor amendments or qualifying changes of use under the criteria set forth in subsection (A) above, shall be deemed major amendments. Major amendments to approved development plans or site specific development plans approved under the laws of the City for the development of land prior to the adoption of this Code shall be processed as required for the land use or uses proposed for the amendment as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located, and, to the maximum extent feasible, shall comply with the applicable standards contained in Articles 3 and 4. Major amendments to development plans or site specific development plans approved under this Code shall be reviewed and processed in the same manner as required for the original development plan for which amendment is sought. Any major amendments to an approved project development plan or site specific development plan shall be recorded as amendments in accordance with the procedures established for the filing and recording of such initially approved plan. Any partial or total abandonment of a development plan or site specific development plan approved under this Code, or of any plan approved under the laws of the City for the development of land prior to the adoption of this Code, shall be deemed to be a major amendment, and shall be processed as a Type 2 review; provided, however, that if a new land use is proposed for the property subject to the abandonment, then the abandonment and new use shall be processed as required for the land use or uses proposed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located. . . . Section 4. That Section 2.11.1(B) of the Land Use Code is hereby amended to read as follows: 2.11.1 Purpose and Applicability . . . (B) Applicability. This Division shall apply to appeals from an administrative decision regarding the interpretation and/or application of the land use regulations which preceded this Land Use Code, and to appeals from the following administrative decisions made under this Land Use Code, provided such administrative decision is not for approval, approval with conditions, or denial either of a project development plan or a final plan pursuant to Divisions 2.4 or 2.5 or of an administrative amendment/abandonment of any such plan or of any plan approved under prior law, processed pursuant to Section 2.2.10 (Step 10): . . . (11) Decisions of the administrative staff to approve, approve with conditions or deny a development application for a use subject to Basic Development Review based on its compliance with the applicable standards of Article 3 and Article 4 of this Land Use Code. . . . Section 5. That Article 2 of the Land Use Code is hereby amended by the addition of a new Division 2.18 Basic Development Review, which reads in its entirety as follows: 2.18.1 Purpose and Applicability The purpose of the Basic Development Review process is to establish a process for approval of a site specific development plan where the decision maker is the Director. There is no public hearing and the Basic Development Review process shall not be construed to be the same as an Administrative (Type 1) review process for which the Director, or his designee, conducts a public hearing. The Basic Development Review shall be the review process for: (A) Those uses listed as such in each of the Article Four Zone Districts. (B) Existing Limited Permitted Uses (1.6.5) (C) Expansions and Enlargements of Existing Buildings (3.8.20 and 3.8.25). (D) Building Permit Applications (2.7). (E) Minor Subdivisions (2.18.2). 2.18.2 Minor Subdivisions A Minor Subdivision is a plat or replat that does not create more than one new lot. A minor subdivision shall not be permitted if the property is within a parcel, any part of which has been subdivided by a Minor Subdivision plat within the immediately preceding twelve (12) months. For an unplatted metes and bounds lot undergoing the Minor Subdivision process to create a platted lot with the same boundaries, Step 6 (Notice) of Section 2.18.3 is not applicable. 2.18.3 Basic Development Review and Minor Subdivision Review Procedures An application for a Basic Development Review or Minor Subdivision shall be processed according to, in compliance with, and subject to the provisions contained in Division 2.1 and Steps (1) through (12) of the Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive), as follows: (A) Step 1 (Conceptual Review): Not applicable. (B) Step 2 (Neighborhood Meeting): Not applicable. (C) Step 3 (Development Application): Applicable. (D) Step 4 (Review of Applications): Applicable. (E) Step 5 (Staff Report): Not applicable and in substitution thereof, a staff report shall be prepared in the case of an appeal of a final decision pursuant to Section 2.2.12(Step 12). (F) Step 6 (Notice): Step 6(A) (Mailed Notice): Applicable. Notice to be mailed to the owners of record of all real property within eight hundred (800) feet (exclusive of property rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land to be subdivided. Step 6(B) (Posted Notice): Applicable. Step 6(C) (Published Notice): Applicable. Step 6(D) (Supplemental Notice): Not Applicable. Step 6(E) Applicable. (G) Step 7 (Public Hearing): Not Applicable. Step 7(A)(1 and 2): (Decision maker): Not applicable and in substitution thereof, the Director shall be the decision maker and there shall be no public hearing. Steps 7(B – C) – Not Applicable. Step 7(D)(1 and 2): (Decision and Findings): Not applicable and in substitution thereof, after consideration of the development application, the Director shall issue a written decision to approve, approve with conditions, or deny the development application based on compliance with the standards referenced in Step 8 of the Common Development Review Procedures (Section 2.2.8). The written decision shall be mailed to the applicant and to any person who provided comments during the comment period and shall also be posted on the City’s website at www.fcgov.com. Step 7(D)(3): (Findings): Applicable Step 7(E): (Notification to Applicant): Applicable. Step 7(F)(1): (Recording of the Public Hearing): Not Applicable. Step 7(F)(2)(a): (The Record): Not Applicable. Step 7(F)(2)(b): (Minutes): Not applicable and in substitution thereof, the Director shall issue the decision in writing. Step 7(F)(2)(c and d): (Verbatim Transcript and Videotape Recording): Not Applicable. Step 7(G): (Recording of Decisions and Plats): Applicable for Minor Subdivisions only. (H) Step 8 (Standards): Applicable. (I) Step 9 (Conditions of Approval): Applicable. (J) Step 10 (Amendments): Applicable. (K) Step 11 (Lapse): Applicable Step 11(A): (Application Submittals): Applicable Step 11(B and C) (Lapse): Not Applicable. Step 11(D)(1-8): (Final Plan and Plan and Other Site Specific Development Plan): Applicable. Step 11(D)(9): (Post denial re-submittal delay): Not Applicable. Step 11(D)(10): (Automatic repeal; waiver): Applicable (L) Step 12 (Appeals): Applicable and in explanation thereof, appeals of the decision of the Director regarding approval, approval with conditions or denial of a Basic Development Review and Minor Subdivision shall be to the Planning and Zoning Board. Any such appeal shall be taken by filing a notice of appeal of the final decision of the Director within 14 days after the action that is the subject of the appeal. The appeal hearing with the Planning and Zoning Board shall be considered a new, or de novo, hearing. The decision of the Planning and Zoning Board on such appeals shall constitute a final decision appealable to City Council pursuant to Section 2.2.12(Step 12). Section 6. That Section 3.8.19(A) of the Land Use Code is hereby amended to read as follows: 3.8.19 Setback Regulations (A) Features Allowed Within Setbacks. The following structures and features may be located within required setbacks: (1) trees, shrubbery or other features of natural growth; (2) fences or walls, subject to permit approval, that do not exceed the standards established in Section 3.8.11; (3) driveways and sidewalks; (4) signs, if permitted by the sign regulations of this Land Use Code; (5) bay windows and similar sized cantilevered floor areas, and architectural design embellishments of dwellings that do not project more than two (2) feet into the required setback, basement egress windows including the foundation that forms the window well, as long as the window foundation does not exceed the elevation or height of the house foundation, provided they do not none of the foregoing elements shall encroach upon any public easements; . . . Section 7. That Section 3.8.28 of the Land Use Code is hereby amended to read as follows: 3.8.28 Extra Occupancy Rental House Regulations . . . (C) In all zone districts allowing extra occupancy rental houses except L-M-N, an application for extra occupancy rental house use for more than five (5) tenants shall be subject to Type 1 administrative review. (D) In the L-M-N zone district, an application for extra occupancy rental house use for four (4) or fewer tenants shall be subject to basic developmental review. (ED) In the L-M-N zone district, an application for extra occupancy rental house use for more than four (4) tenants shall be subject to Type 1 administrative review. Section 8. That the table contained in Section 4.16(B)(2) [Downtown District] of the Land Use Code is hereby amended to read as follows: . . . Land Use Old City Center Canyon Avenue Civic Center C. COMMERCIAL/RETAIL . . . . . . . . . . . . Retail marijuana store Type 1BDR Type 1BDR Type 1BDR . . . . . . . . . . . . . . . Section 9. That Section 4.17(B)(1)(f) and (g) [River Downtown Redevelopment District] of the Land Use Code are hereby amended to read as follows: (f) Commercial/Retail Uses: 1. Medical marijuana centers. 2. Retail marijuana store. (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Retail marijuana cultivation facility. 4. Retail marijuana product manufacturing facility. 5. Retail and medical marijuana testing facility. Section 10. That Section 4.17(B)(2)(c) and (d) [River Downtown Redevelopment District] of the Land Use Code are hereby amended to read as follows: (c) Commercial/Retail Uses: . . . 14. Retail marijuana store. 154. Music studios. 165. Food truck rally. 176. Music facility, multi-purpose. (d) Industrial Uses: 1. Retail marijuana cultivation facility. 2. Retail marijuana product manufacturing facility. 3. Retail marijuana testing facility. 41. Small-scale and medium-scale solar energy systems. Section 11. That Section 4.18(B)(1)(f) [Community Commercial District] of the Land Use Code is hereby amended to read as follows: (f) Commercial/Retail Uses: 1. Medical marijuana centers. 2. Retail marijuana store. Section 12. That Section 4.18(B)(2)(c) [Community Commercial District] of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: . . . 27. Retail marijuana store. 287. Music studios. 298. Food truck rally. 3029. Music facility, multi-purpose. Section 13. That Section 4.19(B)(1)(f) and (g) [Community Commercial – North College District] of the Land Use Code are hereby amended to read as follows: (f) Commercial/Retail Uses: 1. Medical marijuana centers. 2. Retail marijuana store. (g) Industrial Uses: . . . 3. Retail marijuana cultivation facility. 4. Retail marijuana product manufacturing facility. 5. Retail and medical marijuana testing facility. Section 14. That Section 4.19(B)(2)(c) and (d) [Community Commercial – North College District] of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: . . . 26. Retail marijuana store. 276. Music studios. 287. Food truck rally. 298. Music facility, multi-purpose. (d) Industrial Uses: 1. Light industrial uses. 2. Research laboratories. 3. Workshops and custom small industry uses. 4. Retail marijuana cultivation facility. 5. Retail marijuana product manufacturing facility. 6. Retail marijuana testing facility. 74. Small-scale and medium-scale solar energy systems. Section 15. That Section 4.20(B)(1)(f) [Community Commercial – Poudre River District] of the Land Use Code is hereby amended to read as follows: (f) Commercial/Retail Uses: 1. Medical marijuana centers. 2. Retail marijuana store. Section 16. That Section 4.20(B)(2)(c) [Community Commercial – Poudre River District] of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: . . . 19. Retail marijuana store. 2019. Music studios. 210. Music facility, multi-purpose. Section 17. That the table contained in Section 4.21(B)(2) [General Commercial District] of the Land Use Code is hereby amended to read as follows: . . . Land Use I-25/SH 392 (CAC) General Commercial District (C-G) C. COMMERCIAL/RETAIL . . . . . . . . . Retail marijuana store Not permitted Type 1BDR . . . . . . . . . . . . Section 18. That Section 4.22(B)(1)(f) and (g) [Service Commercial District] of the Land Use Code are hereby amended to read as follows: (f) Commercial/Retail Uses: 1. Medical marijuana centers. 2. Retail marijuana store. (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Retail marijuana cultivation facility. 4. Retail marijuana product manufacturing facility. 5. Retail and medical marijuana testing facility. Section 19. That Section 4.22 (B)(2)(c) and (d) [Service Commercial District] of the Land Use Code are hereby amended to read as follows: (c) Commercial/Retail Uses: . . . 43. Retail marijuana store. 4443. Music studios. (d) Industrial Uses: . . . 6. Retail marijuana cultivation facility. 7. Retail marijuana product manufacturing facility. 8. Retail marijuana testing facility. 96. Small-scale and medium-scale solar energy systems. Section 20. That the table contained in Section 4.24(B)(2) [Limited Commercial District] of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas D. INDUSTRIAL . . . . . . . . . Retail marijuana cultivation facility Not permitted Type 1BDR Retail marijuana product manufacturing facility Not permitted Type 1BDR Retail and medical marijuana testing facility Not permitted Type 1BDR . . . . . . . . . Section 21. That Section 4.28 (B)(1)(f) [Industrial District]of the Land Use Code is hereby amended to read as follows: (f) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Retail marijuana cultivation facility. 4. Retail marijuana product manufacturing facility. 5. Retail and medical marijuana testing facility. 36. Small-scale and medium-scale solar energy systems. Section 22. That Section 4.28(B)(2)(d) [Industrial District] of the Land Use Code is hereby amended to read as follows: (d) Industrial Uses: . . . 11. Retail marijuana cultivation facility. 12. Retail marijuana product manufacturing facility. 13. Retail marijuana testing facility. 1411. Large-scale solar energy systems. Section 23. That the definition of “Basic development review” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Basic development review shall mean a review without a public hearing by the City of Fort Collins staffDirector for the purpose of determining compliance with the applicable standards of Article 3 and Article 4 of this Code for any use that is not subject to a Type 1 or Type 2 review. Section 24. That the definition of “Change of use” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Change of use shall mean the act of changing the occupancy of a building or land from a use that is specifically listed as a "Permitted Use" in Article 4 to a different use that is specifically listed as a "Permitted Use" in Article 4. A change of use occurs whenever: . . . Section 25. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Minor subdivision” which reads in its entirety as follows: Minor subdivision shall mean the subdivision of a lot, tract or parcel into not more than one (1) new lot and may include adjustments to lot lines. Introduced, considered favorably on first reading, and ordered published this 1st day of December, A.D. 2015, and to be presented for final passage on the 15th day of December, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 15th day of December, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk