Loading...
HomeMy WebLinkAbout109 - 09/02/1986 - AMENDING CITY CODE REGARDING THE LAND DEVELOPMENT GUIDANCE SYSTEM ORDINANCE NO. 109, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SUBSECTIONS OF SECTION 118-83, THE LAND DEVELOPMENT GUIDANCE SYSTEM OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 118-83(C) (3) (b) be repealed and reenacted as follows: §118-83. Land Development Guidance System for Planned Unit Developments. C. Process. 3. Evaluation. (b) Lettered Criteria. The development plan is evaluated against each of the applicable lettered criteria and assigned a score. A criterion is considered to be applicable if it is reasonably capable of being applied to the development. Several criteria are applicable to any development proposal and have been prechecked on the relevant chart. The numerical score is assigned based upon the following: YES (+I) = for an adequate job of implementing the criterion. VERY WELL (+2) = for an excellent job of imple- menting the criterion or for doing the best job possible, given the constraints and opportunities of the site. NO (0) = for no effort or failure to implement the criterion. Each lettered criterion has been preassigned a multiplier which determines the relative importance of that criterion to the other criteria. The meaning of each multiplier is as follows: 5 - indicates that the criterion is of exceptional importance. 4 - indicates that the criterion is very important. 3 - indicates that the criterion is important. 2 - indicates a criterion of normal importance. 1 - indicates a minor criterion. The points earned for each criterion are the product of multiplying the score times the multiplier. The maximum applicable points in each chart are added together and the points earned are added together to get totals. By dividing the totals- points earned by the totals -maximum applicable points, the percentage earned is determined. The percentage earned must be at least the minimum percentage specified for that activity category. Section 2. That Section 118-83(F) (2) (a) be repealed and reenacted as follows: §118-83. F. Procedures. (2) Master Plan. (a) A master plan shall be required for any property which is intended to be developed over time in two or more separate preliminary plan submittals. The proposed master plan, together with the proposed preliminary plans for the first phase of development, shall be submitted to the Planning Division and processed as preliminary plans. The master plan and preliminary plan for the first phase of development shall then be considered by the Planning and Zoning Board. Once approved, the decision of the Planning and Zoning Board shall be recorded in the Office of the County Clerk and the master plan shall be filed with the City Clerk. Section 3. That Section 118-83(F) (2) (c) and (d) be repealed and reenacted and that subsection (e) be added as follows: §118-83. F. Procedures. (2) Master Plan. (c) This section allows for changes to a master plan. Minor changes to a master plan may be approved administratively by the Planning Director. (S)uch changes may be authorized without additional public hearings, at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from the Planning and Zoning Board. -2- (d) Major changes may be approved only by the Planning and Zoning Board, and must follow the same review and public hearing process required for approval of preliminary plans. Any changes approved in the master plan shall be recorded as amendments to the master plan in accordance with the procedures established for the filing of the initially approved plan documents. (e) Major changes shall be defined as follows: [1] A change in the use or character of the development; [2] An increase in the problems of traffic circulation and public utilities; [3] An increase of greater than two percent in the approved gross leasable floor areas of commercial buildings in either residential or commercial planned unit developments; and [4] An increase of greater than one percent (1%) in the approved number of residential dwelling units. Section 4. That Section 118-83(F) (3) (a) be repealed and reenacted as follows: §118-83. F. Procedures. 3. Preliminary Plan. (a) Upon completion of the conceptual review meeting and after the recommendation of the Planning Director has been made, an application for preliminary plan review may be filed with the Planning Division. If the property is to be developed over time in two or more separate preliminary plan submittals, a Master Plan shall also be required. Materials pertaining to the preliminary plan must be submitted to the Planning Division by the fifth day of the month prior to the meeting of the Planning and Zoning Board. (For example: submittals for the February meeting shall be made by January 5th. ) After the Planning Director has reviewed the application and is satisfied that sufficient information has been submitted to permit the Planning and Zoning Board to reach a decision as to whether or not the applicable criteria of this section are met by the proposal , the matter will be placed on the agenda -3- for the appropriate meeting of the Planning and Zoning Board. Section 5. That Section 118-83(F) (4) (a) be repealed and reenacted as follows: §118-83. F. Procedures. (4) Final Plan. (a) Application for a final plan may be made only after approval by the Planning and Zoning Board of a preliminary plan, except, however, for good cause shown, the Planning Director may determine if application for final plan may be made concurrently with the preliminary plan. Materials pertaining to the final plan must be submitted to the Planning Division by the fifth day of the month prior to the meeting of the Planning and Zoning Board. (For example: submittals for the February meeting shall be made by January 5th. ) After the Planning Director has reviewed the application and is satisfied that sufficient information has been submitted to permit the Planning and Zoning Board to reach a decision as to whether or not the applicable criteria of this section are met by the proposal , the matter will be placed on the agenda for the appropriate meeting of the Planning and Zoning Board. Section 6. That Section 118-83(F) (4) (b) , (c) , and (e) be repealed and reenacted as follows: §118-83 F. Procedure. (4) Final Plan. (b) As a requirement of approval , the final plan shall be in substantial compliance with the approved preliminary plan. [1] For preliminary planned unit developments approved on or after March 13 , 1981 , "substantial compliance" shall mean that all conditions imposed by the Planning and Zoning Board upon its approval of the preliminary plan have been met and the final plan does not: [a] Change the general use or character of the development ; [b] Increase the number of residential dwelling units by more than one percent (1%) ; or -4- [c] Contain changes which would normally cause the development to be disqualified under the applicable criteria of this chapter. [2) For preliminary planned unit development plans approved prior to March 13, 1981, "substantial compliance" shall mean that all conditions imposed by the Planning and Zoning Board upon its approval of the preliminary plan have been met and the final plan does not: [a] Involve a reduction of more than five percent (5%) of the area reserved for common open space and/or usable open space; [b] Increase the floor area proposed for nonresidential use by more than five percent (5%) ; [c] Increase the number of residential dwelling units by not more than one percent (1%) ; or [d] Increase the total ground area covered by buildings by more than five percent (5%) . (c) The final plan shall also comply with all other applicable criteria of the land Development Guidance System, provided, however, that the Planning and Zoning Board shall not impose additional requirements or conditions pertaining to the general layout and densities as shown on the preliminary plan. (d) The Planning and Zoning Board may approve, disapprove, or approve with conditions, the proposed planned unit development. If the Planning and Zoning Board approves the proposed planned unit development, the decision shall be filed with the Office of the County Clerk and the final plan shall be filed with the City Clerk. If the Planning and Zoning Board denies the Planned Unit Development, any revisions shall require the same review process required for final planned unit development plans. Section 7. That Section 118-83(F) (5) be repealed and reenacted as follows: §118-83. F. Procedure. (5) Amendment to Final Development Plan -5- The final plan is the document on which building permits and other City development approvals are issued. Since these plans are approved by the Planning and Zoning Board, the Building Inspection Division is unable to issue permits for improvements which are not indicated on the approved plan. (a) (M)inor changes to a planned unit development may be approved administratively, if at all , by the Planning Director, whereupon a permit may be issued. (S)uch changes may be authorized without additional public hearings, at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from the Planning and Zoning Board. (b) Major changes to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board, and must follow the same review and public hearing process required for approval of preliminary plans. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established for the filing of the initially approved plan documents. (c) For planned unit developments submitted on or after March 13, 1981, major changes shall be defined as follows: [1] A change in the character of the development. [2] An increase by greater than one percent (1%) in the approved number of residential dwelling units. [3] Any change in the development that would normally cause the project to be disqualified under the applicable criteria. (d) For planned unit developments submitted prior to March 13, 1981, major changes shall be defined as follows: [1] A change in the character of the development. [ 2 ] An increase in the problems of traffic circulation and public utilities. [3] A reduction by greater than three percent (3%) of the approved open space. -6- [4] An increase of greater than two percent (2%) in the improved gross leasable floor areas of commercial buildings in either residential or commercial planned unit developments. [51 An increase by greater than one percent (1%) in the approved number of residential dwelling units. Section 8. That Section 118-83(G) (2) (b) be amended by the addition of subsection (14) which provides as follows: §118-83. G. Content of Development Submittals (2) Master Plan Submittal . (b) A master plan shall be submitted containing the following information: [14] Attorney's or owner's certification of ownership. Section 9. That Section 118-83(G) (2) (c) be amended by the addition of subsection (12) which provides as follows: §118-83. G. Content of Development Submittals (2) Master Plan Submittal . (c) The Master Plan shall be accompanied by: [121 A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. Section 10. That Section 118-83(G) (3) (c) be amended by the addition of subsection (29) which provides as follows: §118-83. G. Content of Development Submittals (3) Preliminary Plan Submittal . The following information and data is required. (c) Site plan. (29] Attorney's or owner's certification of ownership. Section 11 . That Section 118-83(G) (3) be amended by the addition of subsection (n) which provides as follows: -7- §118-83. G. Content of Development Submittals (3) Preliminary Plan Submittal . The following information and data is required. (n) A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. Section 12. That Section 118-83(G) (4) (b) be amended by the addition of subsection (8) which provides as follows: §118-83. G. Content of Development Submittals (4) Final Plan Submittal . The following information and data is required. (b) Final site plan shall be submitted on 24" x 36" sheets at a scale 1" = 50 feet or 1" = 100 feet showing the following information: [8] Attorney's or owner's certification of ownership. Section 13. That Section 118-83(G) (4) be amended by the addition of subsection (i) which provides as follows: §118-83. G. Content of Development Submittals (4) Final Plan Submittal . The following information and data is required. (i ) A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. Section 14. That Section 118-83(H) (2) be repealed and reenacted as follows: §118-83. H. Effective Period of a Planned Unit Development Plan (2) Time limit for action upon a preliminary plan. Within a maximum of twelve (12) months following the approval of a preliminary plan, the applicant shall proceed by filing with the Planning Division a final plan(s) in detailed form covering all or part of the development. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final plan(s) for two successive six-month periods. -8- Any additional six (6) month extensions to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board. If no final plan(s) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the Planning and Zoning Board. (3) Time limit for validity of the final plan. The applicant must begin and substantially complete the development of an approved final plan within two (2) years from the time of final approval . For the purposes of this Section a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed. Extensions for two successive periods of six (6) months may be administratively granted by the Planning Director. Any additional six (6) month extensions to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board. If the final plan is to be developed in phases, the approved plan shall contain a development schedule and the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule. Extensions may be granted by the Planning Director and the Planning and Zoning Board on the same basis as for non-phased developments. Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of same. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the Planning and Zoning Board. Section 15. That Section 118-83(I) ( 1) be repealed and reenacted as follows: §118-83. 1. Project Phasing (1) Master Plans. If a property is intended to be developed over time in two or more separate preliminary plan submittals , a master plan for the entire development site must be approved and preliminary plan -9- must be concurrently submitted for Phase I. Subsequent applications may be made for the next phase of the approved master plan, provided such phase is consistent with the approved master plan and the provisions of this section. Section 16. That Section 118-83 be amended by the addition of subsection (L) which provides as follows: §118-83. L. Enforcement of the requirements and conditions of PUD approval . The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in Section 118-23 of this Chapter: (1) Failure to comply with any terms, conditions, or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has received final approval from the City. (2) Failure to comply with any conditions or record imposed by the Planning and Zoning Board upon its review of the master plan or preliminary or final plans for the planned unit development under the provisions of this Section. Introduced, considered favorably on first reading and ordered published in summary form this 19th day of August, A.D. 1986, and to be presented for final passage on the 2nd day of September, A.D. 1986. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of September, A.D. 1986. Mayor ATTEST: City Clerk -10-