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HomeMy WebLinkAbout169 - 01/02/1996 - AMENDING CITY CODE REGARDING DESIGN REVIEW OF PERMITTED USES ORDINANCE NO. 169, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29, ARTICLE III, DIVISION 4, SUBDIVISION G REGARDING DESIGN REVIEW OF PERMITTED USES WHEREAS, Chapter 29, Article III,Division 4, Subdivision G, contains certain provisions regarding what has heretofore been known as "Site Plan Supplemental Review"; and WHEREAS, during the course of implementing the North College Avenue Corridor Plan, it has come to the attention of the City Council that said Subdivision G should be amended to clarify its purpose, to provide for the giving of notice of review hearings, to establish a more complete procedure for such review and to provide for a simple mechanism for referring the administrative review decision to the Planning and Zoning Board. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 29, Article III, Division 4, Subdivision G of the Code of the City be, and hereby is, amended to read as follows: Subdivision G. Design Review of Permitted Uses Sec.29-SM. Applicability and submission requirements. (a) Proposals for land use or development shall be subject to design review of permitted uses if referred to such review by the requirements of a zoning district in Article III,Division 3 of this Chapter. The zoning district from which a proposal is referred for such review shall be known as the "referral district." (b) Any proposal application required pursuant to this Subdivision shall include a site plan, landscape plan, building elevations and other supporting documentation complying with § 29-526(G) unless the Director determines that all or part of such information is unnecessary. Sec.29-521. Administrative review. For those proposals qualifying for design review of permitted uses pursuant to the regulations in the referral district, the following regulations shall apply: (1) Any proposal qualifying for design review of permitted uses shall first be subject to a conceptual review conforming to the provisions of Sec. 29- 526(F(1)(a) and (b) of the Code, following which conceptual review a formal proposal application may be filed, which application, if filed, shall be processed in accordance with the administrative review procedures hereafter established. (2) The Director of Planning shall hold an administrative review hearing in the Director's office(or at such other locations as the Director may designate) on the first and third Thursday of each month at 1:30 p.m., as necessary to consider proposals filed which qualify for design review of permitted uses. (3) The Director of Planning shall give written notice of such administrative review hearing to the owners of record of all real property within five hundred (500) feet(exclusive of public rights-of-way, public open space)of the property lines of the parcel of land which is the subject of the proposal. If the proposal is of a type described in Sec. 29-526, Appendix A, "Supplemental Notice Requirements," then the area of notification shall conform to the expanded notice requirements of said Appendix A. Written notice shall also be provided to all formally designated representatives of bona fide neighborhood groups and organizations and homeowner's associations within the area of notification. The Director of Planning shall mail such written notices at least seven (7) days prior to the administrative review hearing date established pursuant to subparagraph (2) above. The applicant shall prepare a list of persons to whom such notice is to be mailed, and, in order to assist the applicant in preparing such list, the Director of Planning shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Director of Planning to the nearest streets or other distinctive physical features which would create a practical and rational boundary for the area of notification. The applicant shall pay postage and handling costs of fifty cents ($.50) per notice. Failure to deliver such notice shall not affect the validity of any such hearing. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the sign(s) required to be posted shall be as established in said Appendix A, "Supplemental Notice Requirements." Such signs shall be provided by the Planning Department and shall be posted by the Director of Planning on the subject property in a manner and at a location or locations reasonably calculated to afford the best notice to the public, which posting shall occur within seven (7) days foliowing submittal of an application to the Planning Department. A refundable deposit in the amount of ten dollars ($10.00) per sign, shall be submitted to the Planning Department at the time of the filing of the proposal application and shall be refunded to the applicant upon retrieval of said sign(s) in good condition. (4) The_ TDirector_ of Planning- shall consider_ any such_ prsiposal_ at_ an_ administrative review hearing occurring not sooner than four(4)weeks nor later than ten (10) weeks following the submittal of the proposal application except that,upon the request of the applicant, such hearing may be scheduled for a later date. 2 (5) Within eight (8) days after the administrative review hearing, the Director of Planning shall either approve or deny the plan, or refer the decision to the Planning and Zoning Board pursuant to subparagraph (7) of this Section. (6) In making the administrative decision, the Director of Planning shall determine whether the proposed development conforms to§ 29-526(D),Activity A, "All Development Criteria" of the Code, and to any other standards that have been established by the City Council by ordinance to regulate the proposed use or which are applicable to the region or area in which the proposal is located, or to any historic district or structure affected by the proposed use. If the proposed development conforms to such criteria and standards, it shall be approved; if the proposed development does not so conform, it shall be denied. ,7)- Notwithstanding the provisions-of subparagraph-(6)-of this Section, the Director of Planning shall refer the decision to the Planning and Zoning Board if(a) the Director determines that the proposal raises issues that require further public hearing and discussion,or(b) any party-in-interest(as said term is defined in Section 2-46) requests such referral,provided that such request is made prior to the conclusion of that portion of the hearing that pertains to the proposal. The decision of the Board shall be final, subject to appeal to the City Council pursuant to the provisions of Chapter 2, Article II, Division 3 of the Code. (8) Appeals from the decision of the Director of Planning may be taken by any party-in-interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with the rules and procedures established in §§ 2-48 and 2-49 of the Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the Plan, and after the hearing,the Plan shall either be approved,disapproved or approved with conditions. Any party in interest may further appeal the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provisions of Chapter 2, Article 11, Division 3 of the Code. Sec. 29-522. Planning and Zoning Board review. For those proposals requiring design review of permitted uses by the Planning and Zoning Board pursuant to the regulations in the referral district or pursuant to § 29-521(7), the Board shall hold a public hearing and the following regulations shall apply: (1") Any such public hearing shall be held-following the giving of notice in accordance with the requirements established in § 29-521(3) for an administrative review hearing. In addition, such public hearing shall be held at 3 the next- regularly scheduled- meeting of the Planning- and Zoning- Board- occurring not sooner than fourteen (14) days from the date that the application was referred to the Planning and Zoning Board pursuant to § 29-521(7). (2) In making its decision, the Planning and Zoning Board shall determine whether the proposed development conforms to § 29-526(D), Activity A, "All Development Criteria" of the Code, and to any other standards that have been established by the City Council by ordinance to regulate the proposed use or which are applicable to the region or area in which the proposal is located, or to any historic district or structure affected by the proposed use. If the proposed development conforms to such criteria and standards, it shall be approved; if the proposed development does not so conform, it shall be denied. Introduced, considered favorably on first reading, and order ublished this 19th day of December, A.D. 1995, and to be presented for final passage o e 2n day of J ugry. A .D. 1996. ayor ATTEST: 11 V . City Clerk Passed and adopted on final reading this 2nd day of January, A.D. 1996. Mayor AoDt6ro ATTEST: City Clerk 4