HomeMy WebLinkAbout081 - 07/07/2015 - AMENDING SECTION 1.3.4 OF THE LAND USE CODE PERTAINING TO THE ADDITION OF PERMITTED USES IN ALL ZONEOrdinance Postponed Indefinitely
On First Reading
7/7/15
OPTION 3
ORDINANCE NO. 081, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1.3.4 OF THE LAND USE CODE
PERTAINING TO THE ADDITION OF PERMITTED USES
IN ALL ZONE DISTRICTS
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
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
be amended so that the decision on the proposed additional use will be made by the City Council
after recommendation of the Planning and Zoning Board in all zone districts in the City.
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
. . .
(C) Required Findings. In conjunction with an application for approval of an overall
development plan, a project development plan, a final plan or any amendment of the
foregoing, and upon the petition of the applicant or on the Director's own initiative, the
Director (or the City Council by ordinance, after recommendation from the Planning and
Zoning Board, as specifically authorized and limited in subsection (D) below) may add to
the uses specified in a particular zone district any other similar use which conforms to all
of the following conditions:
. . .
(D) Planning and Zoning Board Authority and Limitation. In conjunction
with an application for approval of an overall development plan, a project
development plan, a final plan or any amendment of the foregoing, the Planning
Ordinance Postponed Indefinitely
On First Reading
7/7/15
and Zoning Board may add recommend to the City Council that a proposed use be
added if the Board specifically finds that such use would not be detrimental to the
public good and would be in compliance with the requirements and criteria
contained in Section 3.5.1, provided that such addition of a proposed use by the
Planning and Zoning BoardCity Council must be specific to the proposed site and
shall not be considered for a text amendment under subsection (E) below and
provided further that such use is not specifically listed as a "Prohibited Use" in the
zone district in which the proposed site is located. In considering the
recommendation of the Planning and Zoning Board and in determining whether a
proposed use should be added, the City Council shall follow the notice and
hearing requirements that are established for it pursuant to Section 2.9.4 of this
Land Use Code pertaining to text and map amendments.
. . .
(F) Conditions. When any use has been added to the list of permitted uses in any zone
district in accordance with this Section, the Director (or the City Council by ordinance,
after recommendation from the Planning and Zoning Board, if applicable) may impose
such conditions and requirements (including, but not limited to, conditions related to the
location, size and design) on such use as are necessary or desirable to: (1) accomplish the
purposes and intent of this Code, (2) ensure consistency with the City Plan and its
adopted components and associated sub-area plans, or (3) prevent or minimize adverse
effects and impacts.
Introduced, considered favorably on first reading, and ordered published this 7th day of
July, A.D. 2015, and to be presented for final passage on the 21st day of July, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Ordinance Postponed Indefinitely
On First Reading
7/7/15
Passed and adopted on final reading on this 21stday of July, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk