HomeMy WebLinkAbout045 - 04/19/2016 - AMENDING THE LAND USE CODE BY THE ADDITION OF PROVISIONS PERTAINING TO DUST PREVENTION AND CONTROLORDINANCE NO. 045, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS LAND USE CODE BY THE ADDITION OF
PROVISIONS PERTAINING TO DUST PREVENTION AND CONTROL
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, since the time of adoption, the Land Use Code has been regularly amended
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, on February 15„ 2011, the City Council approved Resolution 2011-015
adopting the City Plan, including the Environmental Health Vision that sets forth an aspirational
goal of continuous improvements in air quality; and
WHEREAS, City Plan also contains numerous.policies supporting air quality, including
Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the
highest priority approach in reducing air pollution emissions; and
WHEREAS, in furtherance of the Air Quality Advisory Board's 2015 Work Program,
which identifies regulation of fugitive dust as a priority air quality initiative, City staff has
proposed amendment of Chapter 12 of the Fort Collins City Code to protect air quality by
adopting dust control and prevention standards set forth in the "Dust Prevention and Control
Manual"; and
WHEREAS, in addition to amendment of the City Code, City staff has proposed Land
Use Code changes to align with such City Code amendments adopting the Dust Prevention and
Control Manual; and
WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust
Working Group composed of contractors, interested stakeholders, and City staff, as well as
through numerous public events and a project website; and
WHEREAS, the Planning and Zoning Board reviewed the proposed Land Use Code
changes regarding fugitive dust at its November 12, 2015, meeting and voted to recommend to
the City Council that they be adopted; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY`OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2.6.3(H) of the Land Use Code is hereby amended to read as
follows:
2.6.3 Stockpiling Permit and Development Construction Permit Review
Procedures
H) Step 8 (Standards — Stockpiling Permit): Not applicable, and in
substitution therefor, an application for a Stockpiling Permit shall be
reviewed for compliance with the City Code and all regulations related to
such permit adopted by the city by reference or otherwise, as amended,
including, without limitation, the erosion control standards as contained in
the stormwater criteria manual and the dust control measures contained in
the dust control manual to the extent required therein.
Step 8 (Standards — Development Construction Permit): Not applicable,
and in substitution therefor, an application for a Development
Construction Permit shall be reviewed for compliance with the Site
Specific Development Plan, the City Code and all regulations related to
such permit adopted by the city by reference or otherwise as amended,
including, without limitation, the erosion control standards as contained in
the stormwater criterial manual and the dust control measures contained in
the dust control manual to the extent required therein.
Section 3. That Section 2.7.3(G) and 2.7.3(H) of the Land Use Code is hereby
amended to read as follows:
2.7.3 Building Permit Review Procedures
G) Step 7 (Public Hearing): Not applicable, and in substitution therefor, an
application for a Building Permit shall be processed, reviewed, considered
and approved, approved with modifications, or denied by the Building and
Zoning Director based on its compliance with the site specific
development plan, the City Code and all regulations related to such permit
adopted by the city by reference or otherwise, as amended.
H) Step 8 (Standards): Not applicable, and in substitution therefor, an
application for a Building Permit shall be reviewed for compliance with
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the site specific development plan, the City Code and all regulations
related to such permit adopted by the city by reference or otherwise, as
amended; and if the Building Permit is for the enlargement of a building
and/or for the expansion of facilities, equipment or structures regulated
under the provisions of Division 1.6, such application shall also comply
with Division 1.6.
Section 4. That Section 3.4.2(A) of the Land Use Code is hereby amended to read as
follows:
3.4.2 Air Quality
A) General Standard. The project shall conform to all applicable local, state and
federal air quality regulations and standards, including, but not limited to, those
regulating odor, dust, fumes or gases which are noxious, toxic or corrosive, and
suspended solid or liquid particles. The project shall be designed and constructed
to comply with the dust control measures contained in the dust control manual to
the extent required therein.
Section 5. That the definition "Fugitive Dust' contained in Section 5.1.2 of the Land
Use Code is hereby deleted in its entirety:
Section 6. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of the following definitions, to be inserted in the listing set forth therein in alphabetical
order;
Dust control manual shall mean the dust control and prevention standards enacted to
protect air quality adopted under the Chapter 12 of the Fort Collins City Code.
Stormwater criteria manual shall mean the standards for design, planning, and
implementation of practices and improvements to manage Stormwater adopted under
Chapter 26 of the Fort Collins City Code.
Section 7. That the standards set forth herein shall be effective for applications on or
after November 1, 2016.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016.
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ATTEST:
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City Clerk
Passed and adopted on final reading on the 3rd day of May, A.D. 2016.
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ATTEST: SEAL,
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City Clerk
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