HomeMy WebLinkAbout048 - 04/20/2021 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 048, 2021
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 2.2.10(A)(5) 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. (1) Minor amendments to any approved
development plan, including any Overall Development Plan,Project Development Plan, or
PUD Master Plan,any site specific development plan, or the existing condition of a platted
property; and (2) Changes of use, either of which meet the applicable criteria of below
subsections 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. With the exception of PUD Master Plans, 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. PUD
Master Plan Minor amendments may be authorized by the Director as long as the PUD
Master Plan, as so amended, continues to comply with the standards of this Code, as such
standards may have been modified in the existing PUD Master Plan, and so long as the
amendments are consistent with the existing PUD Master Plan. Minor amendments and
changes of use shall only consist of any or all of the following:
(5) Notification. Written notice must be mailed to the owners of record of all real
property abutting the property that is the subject of the minor amendment
application at least fourteen(14) calendar days prior to the Director's decision.
(6) Appeals. Applicable pursuant to Section 2.2.12(C).
Section 3. That Section 2.2.12 of the Land Use Code is hereby amended to read as
follows:
2.2.12 Step 12: AppeaIs/Alternate Review
(A) Appeals. Appeals of any final decision of a decision maker under this Code shall be only
in accordance with Chapter 2, Article I1, Division 3 of the City Code, unless otherwise
provided in this Section or Division 2.
(C) Appeal of Minor Amendment, Changes of Use, and Basic Development Review Decisions
by the Director. The Director's final decision on a minor amendment or change of use
application pursuant to Section 2.2.10(A) or basic development review application
pursuant to Division 2.18 may be appealed to the Planning and Zoning Board as follows:
(1) Parties Eligible to File Appeal. The following parties are eligible to appeal the
Director's final decision on a minor amendment, change of use, or basic
development review application:
(a) The applicant that submitted the application subject to the Director's final
decision;
(b) Any party holding an ownership or possessory interest in the real or
personal property that was the subject of the final decision;
(c) Any person to whom or organization to which the City mailed notice of the
final decision;
(d) Any person or organization that provided written comments to the
appropriate City staff for delivery to the Director prior to the final decision;
and
(e) Any person or organization that provided written comments to the
appropriate City staff for delivery to the decision maker prior to the final
decision on the project development plan or final plan being amended or
provided spoken comments to the decision maker at the public hearing
where such final decision was made.
(2) Filing Notice ofAppeal. An appeal shall be commenced by filing a notice of appeal
with the Director within fourteen (14) calendar days after the date the written final
decision is made that is the subject of the appeal. Such notice of appeal shall be on
a form provided by the Director, shall be signed by each person joining the appeal
("appellant"), and shall include the following:
(a) A copy of the Director's final decision being appealed;
(b) The name, address, email address, and telephone number of each appellant
and a description why each appellant is eligible to appeal the final decision
pursuant to Subsection (C)(1) above;
(c) The specific Land Use Code provision(s) the Director failed to properly
interpret and apply and the specific allegation(s)of error and/or the specific
Land Use Code procedure(s) not followed that harmed the appellant(s) and
the nature of the harm; and
(d) In the case of an appeal filed by more than one(1)person,the name,address,
email address and telephone number of one (1) such person who shall be
authorized to receive, on behalf of all persons joining the appeal,any notice
required to be mailed by the City to the appellant.
(3) Scheduling of Appeal. A public hearing shall be scheduled before the Planning and
Zoning Board within sixty(60)calendar days of a notice of appeal being deemed complete
unless the Planning and Zoning Board adopts a motion granting an extension of such time
period.
(4) Notice. Once a hearing date before the Planning and Zoning Board has been
determined, the Director shall mail written notice pursuant to Section 2.2.6(A).
Notice requirements set forth in Section 2.2.6(B)-(D) shall not apply. The mailed
notice shall inform recipients of:
(a) The subject of the appeal;
(b) The date, time, and place of the appeal hearing;
(c) The opportunity of the recipient and members of the public to appear at the
hearing and address the Planning and Zoning Board; and
(d) How the notice of appeal can be viewed on the City's website.
(5) Planning and Zoning Board Hearing and Decision.
(a) The Planning and Zoning Board shall hold a public hearing pursuant to
Section 2.2.7 to decide the appeal,and City staff shall prepare a staff report
for the Planning and Zoning Board. The notice of appeal, copy of the
Director's final decision, and the application and all application materials
submitted to the Director shall be provided to the Planning and Zoning
Board for its consideration at the hearing.
(b) The hearing shall be considered a new, or de novo, hearing at which the
Planning and Zoning Board shall not be restricted to reviewing only the
allegations of error listed in the notice of appeal, the Planning and Zoning
Board shall not give deference to the Director's final decision being
appealed, and the applicant shall have the burden of establishing that the
application complies with all relevant Land Use Code provisions and should
be granted. The applicant, appellant or appellants, members of the public,
and City staff may provide information to the Planning and Zoning Board
for its consideration at the appeal hearing that was not provided to the
Director for his or her consideration in making the final decision being
appealed.
(c) The Planning and Zoning Board shall review the application that is the
subject of the appeal for compliance with all applicable Land Use Code
standards and may uphold, overturn, or modify the decision being appealed
at the conclusion of the hearing and may impose conditions in the same
manner as the Director pursuant to Section 2.2.10(A) and Division 2.18.
The Planning and Zoning Board decision shall constitute a final decision
appealable to City Council pursuant to Section 2.2.12(A).
Section 4. That Section 2.11.1(A)of the Land Use Code is hereby amended to read as
follows:
DIVISION 2.11 APPEAL FROM ADMINISTRATIVE DECISIONS TO THE
ZONING BOARD OF APPEALS
2.11.1 Purpose and Applicability
(A) Purpose. The purpose of this Division is to provide for appeals of certain
administrative/city staff decisions to the Zoning Board of Appeals. Appeals to the
Planning and Zoning Board of Minor Amendment and Change of Use and Basic
Development Review decisions made by the Director are addressed in Section
2.2.12(C).
Section 5. That Section 2.18.3(L) of the Land Use Code is hereby amended to read as
follows:
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:
(L) Step 12(Appeals): Applicable pursuant to Section 2.2.12(C).
Section 6. That Section 3.5.2 of the Land Use Code is hereby amended by the addition
of a new subparagraph (H) which reads in its entirety as follows:
3.5.2 Residential Building Standards
(H) Second Kitchen. A maximum of one additional kitchen may be established inside a
dwelling unit without creating an additional dwelling unit if approved through a minor
amendment pursuant to Section 2.2.10 and the following standards are met:
(1) That both kitchens are accessible to all occupants of the dwelling unit;
(2) That both kitchens have non-separated,continuous,and open access with no locked
doors separating the kitchens from the rest of the dwelling unit; and
(3) That neither kitchen is located in an accessory building.
The property owner of a dwelling unit in which a second kitchen is approved by the
Director shall prior to issuance of a building permit sign and record with the Larimer
County Clerk and Recorder a notarized affidavit stating that the second kitchen will not
be used for a second dwelling unit and the property owner acknowledges and agrees that
the dwelling shall only be used as a single-family dwelling.
Section 7. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition"Kitchen" which reads in its entirety as follows:
Kitchen shall mean a portion of a dwelling unit used, or designated to be used for, the
purposes of cooking, preserving, or otherwise preparing food and contains a range or
a combination of a cook-top and oven. An area of a dwelling unit with a cooking
appliance that is not a range or combination of a cook-top and oven, such as a microwave
or hot-plate, is not a kitchen.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2021, and to be presented for final passage on the 20th day of April, A.D. 2021.
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Passed and adopted on final reading on this 20th day of April, A.D. 2020.
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