HomeMy WebLinkAbout069 - 06/02/2015 - AMENDING SECTION 1.3.4 OF THE LAND USE CODE TO EXCLUDE CERTAIN RESIDENTIAL ZONE DISTRICTS FROM THE 'Ordinance Postponed Indefinitely
on First Reading
6/2/15
ORDINANCE NO. 069, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1.3.4 OF THE LAND USE CODE
TO EXCLUDE CERTAIN RESIDENTIAL ZONE DISTRICTS FROM THE
“ADDITION OF PERMITTED USE” PROCESS
WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, Section 1.3.4 of the Land Use Code contains provisions whereby additional
uses can be permitted in zone districts under a process involving either the Planning and Zoning
Board or the Director; and
WHEREAS, concerns have been expressed to members of the City Council from some
residential property owners that the addition of uses under the process provided in Section 1.3.4
within residential neighborhoods diminishes residential property values, increases
incompatibility between uses and causes unpredictable outcomes; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the addition of permitted use process established in Section 1.3.4 of the Land Use Code should
not apply to any of the following zone districts:
• Rural Lands District (R-U-L)
• Urban Estate District (U-E)
•. Residential Foothills District (R-F)
• Low Density Residential District (R-L)
• Low Density Mixed-Use Neighborhood District (L-M-N)
• Medium Density Mixed-Use Neighborhood District (M-M-N)
• Neighborhood Conservation, Low Density District (N-C-L)
• Neighborhood Conservation, Medium Density District (N-C-M)
• Neighborhood Conservation, Buffer District (N-C-B).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1.3.4 of the Land Use Code is hereby amended to read as follows:
1.3.4 Addition of Permitted Uses
(A) Purpose Statement. The purpose of the Addition of Permitted Use process is to
allow for the approval of a particular land use to be located on a specific parcel
within a zone district that otherwise would not permit such a use. Under this
process, an applicant may submit a plan that does not conform to the zoning, with
the understanding that such plan will be subject to a heightened level of review,
with close attention being paid to compatibility and impact mitigation. This
process is intended to allow for consideration of unforeseen uses and unique
circumstances on specific parcels with evaluation based on the context of the
surrounding area. The process allows for consideration of emerging issues, site
Ordinance Postponed Indefinitely
on First Reading
6/2/15
attributes or changed conditions within the neighborhood surrounding and
including the subject property. For the residential neighborhoods specified in
paragraph (B) below, in order to ensure land use stability and in order to preserve
the existing residential character of such neighborhoods, the addition of permitted
use process shall not be availableland use flexibility shall be balanced with the
existing residential character. Projects are expected to continue to meet the
objectives of any applicable sub-area plan and City Plan. The process encourages
dialogue and collaboration among applicants, affected property owners, neighbors
and City Staff.
(B) Applicability. This Section is applicable only under the following circumstances:
(1) Where the proposed use is not listed as a permitted use in any zone district,
does not fall within any existing use classification and is proposed as being
appropriate to be added to the permitted uses in the zone district. If approved
under this Section, such use shall be considered for inclusion into the zone
district pursuant to Division 2.9; or
(2) Where the proposed use is listed as a permitted use in one (1) or more zone
district(s) and is proposed based solely on unique circumstances and
attributes of the site and development plan.
(3) Where the proposed use is not located in any of the following zone districts:
a. Rural Lands District (R-U-L)
b. Urban Estate District (U-E)
c. Residential Foothills District (R-F)
d. Low Density Residential District (R-L)
e. Low Density Mixed-Use Neighborhood District (L-M-N)
f. Medium Density Mixed-Use Neighborhood District (M-M-N)
g. Neighborhood Conservation, Low Density District (N-C-L)
h. Neighborhood Conservation, Medium Density District (N-C-M)
i. Neighborhood Conservation, Buffer District (N-C-B)
. . .
Ordinance Postponed Indefinitely
on First Reading
6/2/15
Introduced, considered favorably on first reading, and ordered published this 2nd day of
June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 7th day of July, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk