HomeMy WebLinkAbout2020CV30833 - City Of Fort Collins V. Planning Action To Transform Hughes Stadium Sustainably Corp, Et. Al - 013J - Exhibit J To Paths Motion2.1.3 - Types of Development Applications
(A) Applicability. All development proposals which include only permitted uses must be
processed and approved through the following development applications: a basic
development review; or through a project development plan (Division 2.4), then through a
final plan (Division 2.5), then through a development construction permit (Division 2.6) and
then through a building permit review (Division 2.7). If the applicant desires to develop in
two (2) or more separate project development plan submittals, an overall development plan
(Division 2.3) will also be required prior to or concurrently with the project development
plan. A PUD Master Plan associated with a PUD Overlay may be substituted for an overall
development plan (Divisions 2.15 and 4.29). Each successive development application for a
development proposal must build upon the previously approved development application by
providing additional details (through the development application submittal requirements)
and by meeting additional restrictions and standards (contained in the General Development
Standards of Article 3 and the District Standards of Article 4).
Permitted uses subject to administrative review or permitted uses subject to Planning and
Zoning Board review listed in the applicable zone district set forth in Article 4, District
Standards, shall be processed through an overall development plan, a project development
plan or a final plan. If any use not listed as a permitted use in the applicable zone district is
included in a development application, it may also be processed as an overall development
plan, project development plan or final plan, if such proposed use has been approved, or is
concurrently submitted for approval, in accordance with the requirements for an amendment
to the text of this Land Use Code and/or the Zoning Map, Division 2.9, or in accordance
with the requirements for the addition of a permitted use under Section 1.3.4. Development
applications for permitted uses which seek to modify any standards contained in the General
Development Standards in Article 3, or the District Standards in Article 4, shall be
submitted by the applicant and processed as a modification of standards under Division 2.8.
Hardship variances to standards contained in Article 3, General Development Standards, or
Article 4, District Standards, shall be processed as hardship variances by the Zoning Board
of Appeals pursuant to Division 2.10. Appeals of administrative/staff decisions shall be
according to Division 2.11. PUD overlays shall be processed pursuant to Divisions 2.15,
4.29.
(B) Overall Development Plan.
(1) Purpose and Effect. The purpose of the overall development plan is to establish
general planning and development control parameters for projects that will be
developed in phases with multiple submittals while allowing sufficient flexibility to
permit detailed planning in subsequent submittals. Approval of an overall development
plan does not establish any vested right to develop property in accordance with the plan.
(2) Applicability. An overall development plan shall be required for any property which is
intended to be developed over time in two (2) or more separate project development
plan submittals. Refer to Division 2.3 for specific requirements for overall development
plans.
(C) Project Development Plan and Plat.
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(1) Purpose and Effect. The project development plan shall contain a general description
of the uses of land, the layout of landscaping, circulation, architectural elevations and
buildings, and it shall include the project development plan and plat (when such plat is
required pursuant to Section 3.3.1 of this Code). Approval of a project development
plan does not establish any vested right to develop property in accordance with the plan.
(2) Applicability. Upon completion of the conceptual review meeting and after the
Director has made written comments and after a neighborhood meeting has been held
(if necessary), an application for project development plan review may be filed with the
Director. If the project is to be developed over time in two (2) or more separate project
development plan submittals, an overall development plan shall also be required. Refer
to Division 2.4 for specific requirements for project development plans.
(D) Final Plan and Plat.
(1) Purpose and Effect. The final plan is the site specific development plan which
describes and establishes the type and intensity of use for a specific parcel or parcels of
property. The final plan shall include the final subdivision plat (when such plat is
required pursuant to Section 3.3.1 of this Code), and if required by this Code or
otherwise determined by the Director to be relevant or necessary, the plan shall also
include the development agreement and utility plan and shall require detailed
engineering and design review and approval. Building permits may be issued by the
Building and Zoning Director only pursuant to an approved final plan or other site
specific development plan, subject to the provisions of Division 2.8.
(2) Applicability. Application for a final plan may be made only after approval by the
appropriate decision maker (Director for Type 1 review, or Planning and Zoning Board
for Type 2 review) of a project development plan, unless the project development and
final plans have been consolidated pursuant to Section 2.2.3(B). An approved final plan
shall be required for any property which is intended to be developed. No development
shall be allowed to develop or otherwise be approved or permitted without an approved
final plan. Refer to Division 2.5 for specific requirements for final plans.
(E) Site Plan Advisory Review.
(1) Purpose and Effect. The Site Plan Advisory Review process requires the submittal and
approval of a site development plan that describes the location, character and extent of
improvements to parcels owned or operated by public entities. In addition, with respect
to public and charter schools, the review also has as its purpose, as far as is feasible, that
the proposed school facility conforms to the City's Comprehensive Plan.
(2) Applicability. A Site Plan Advisory Review shall be applied to any public building or
structure. For a public or charter school, the Planning and Zoning Board shall review a
complete Site Plan Advisory Review application within thirty (30) days (or such later
time as may be agreed to in writing by the applicant) of receipt of such application
under Section 22-32-124, C.R.S. For Site Plan Advisory Review applications under
Section 31-23-209, C.R.S., such applications shall be reviewed and approved or
disapproved by the Planning and Zoning Board within sixty (60) days following receipt
of a complete application.
Enlargements or expansions of public buildings, structures, schools and charter schools
are exempt from the Site Plan Advisory review process if:
(a) The change results in a size increase of less than twenty-five (25) percent of the
existing building, structure or facility being enlarged, whether it be a principal or
accessory use; and
(b) The enlargement or expansion does not change the character of the building or
facility.
Application for a Site Plan Advisory Review is subject to review by the Planning and
Zoning Board under the requirements contained in Division 2.16 of this Code.
(F) PUD Overlay.
(1) Purpose and Effect. The purpose of the PUD Overlay is to provide an avenue for
property owners with larger and more complex development projects to achieve
flexibility in site design by means of customized uses, densities, and Land Use Code
and non-Land Use Code development standards. In return for such flexibility,
significant public benefits not available through traditional development procedures
must be provided by the development. A PUD Master Plan is the written document
associated with a PUD Overlay and the PUD Master Plan sets forth the general
development plan and the customized uses, densities, and Land Use Code and non-Land
Use Code development standards. An approved PUD Overlay overlays the PUD Master
Plan entitlements and restrictions upon the underlying zone district requirements.
(2) Applicability. A PUD Overlay is available to properties or collections of contiguous
properties fifty (50) acres or greater in size. Refer to Divisions 2.15 and 4.29 for
specific requirements and review of PUD Overlays and PUD Master Plans.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §4, 10/20/98; Ord. No. 165, 1999 §§7, 8,
11/16/99; Ord. No. 173, 2003 §§1,2, 12/16/03; Ord. No. 198, 2004 §1, 12/21/04; Ord. No. 086,
2014 , §2, 7/1/14; Ord. No. 175, 2014 §3, 12/16/14 ; Ord. No. 091, 2018 , §2, 7/17/18)