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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: 1- I 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 2- 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. 3- 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. 04 0... CO... ayor ' ATTEST: 5 P City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. FORT 0olC r ATTEST: SEAL, f OLORA Vl/ City Clerk 4_ r