HomeMy WebLinkAbout155 - 12/15/2015 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 155, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE
CITY OF FORT COLLINS LAND USE CODE
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, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, 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, City staff and the Planning and Zoning Board have reviewed the Land Use
Code and identified and explored various issues related to the Land Use Code and have made
recommendations to the Council regarding such issues; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 1.3.4(E) of the Land Use Code is hereby amended to read as
follows:
(E) 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 Planning and Zoning
Board with respect to any zone district not listed in subsection (G), or the City
Council with respect to any zone district listed in subsection (G), 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 upon the public and
neighborhoods, and to ensure compatibility of uses.
Section 3. . That Section 2.2.10 of the Land Use Code is hereby amended to read as
follows:
. 2.2.10 Step 10: Amendments and Changes of Use
(A) Minor Amendinents and Changes of Use. Minor amendments to any approved
development plan, including any Overall Development Plan or Project Development
Plan, any site specific development plan, or the existing condition of a platted property,
and changes of use meeting the criteria of 2.2.10(A)(1) or 2.2.10(A)(2), may be
approved, approved with conditions, or denied administratively by the Director and may
be authorized without additional.public hearings. Such minor amendments and changes
of use may be authorized by the Director as long as the development plan, as so amended,
continues to comply with the standards of this Code to the extent reasonably feasible. .
Minor amendments and changes of use shall only consist of any or all of the following:
(1) Any change to any approved development plan or any site specific
development plan which was originally subject only to administrative
review and was approved by the Director, or any change of use of any
property that was developed pursuant to a basic development review or a
use-by-right review under prior law; provided that such change would not
have disqualified the original plan from administrative review had it been
requested at that time; and provided that the change or change of use
complies with all of the following criteria applicable to the particular
request for change or change of use:
(a) Results in an increase by one (1) percent or less in the approved
number of dwelling units, except that in the case of a change of use
of any property that was developed pursuant to a basic
development review or use-by-right review under prior law, the
number of dwelling units proposed to be added may be four (4)
units or less;
(b) Results in an increase or decrease in the amount of square footage
of a nonresidential land use or structure that does not change the
character of the project;
(c) Results in a change in the housing mix or use mix ratio that
complies with the requirements of the zone district and does not
change the character of the project;
(d) Does not result in a change in the character of the development;
(e) Does not result in new buildings, building additions or site
improvements, such as parking lots and landscaping, that are
proposed to be located outside the boundaries of the approved ,
Project Development Plan or approved site specific development
plan;
(f) Results in a decrease in the number of approved dwelling units and
does not change the character of the project, and that the plan as
amended continues to comply with the requirements of this Code;
and
(g) In the case of a change of use of any property that was developed
pursuant to a basic development review or use-by-right review
under prior law, the change of use results in the building and parcel
of ground .upon which the building is located being brought into
compliance, to the extent reasonably feasible, with the applicable
general development standards contained in Article 3 and the
applicable district standards contained in Article 4 of this Code.
(2) Any change to any approved development plan or any site specific
development plan which was originally subject to review by the Planning
and Zoning Board-(either as a Type 2 project or as a project reviewed by
the Planning and Zoning Board under prior law), or any change of use of
any property that was approved by the Planning and Zoning Board;
provided that the change or change of use complies with all of the
following criteria applicable to the particular request for change or change
of use:
(a) Results in an increase or decrease by one (1) percent or less in the
approved number of dwelling units;
(b) Results in an increase or decrease in the amount of square footage
of a nonresidential land use or structure that does not change the
character of the project;
(c) Results in a change in the housing mix or use mix ratio that
complies with the requirements of the zone district and does not
change the character of the project;
(d) Does not result in a change in the character of the development;
and
(e) Does not result in new buildings, building additions or site
improvements, such as parking lots and landscaping, that are
proposed to be located outside the boundaries of the approved
Project Development Plan or approved site specific development
plan.
(3) Referral. In either (1) or (2) above, the Director may refer the amendment
or change of use to the Administrative Hearing Officer or Planning and
Zoning Board. The referral of minor amendments to development plans or
changes of use allowed or approved under the laws of the City for the
development of land prior to the adoption of this Code shall be processed
as required for the land use or uses proposed for the amendment or change
of use as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for
the zone district in which the land is located. The referral of minor
amendments or changes of use to project development plans or final plans
approved under this Code shall be reviewed and processed in the same
manner as required for the original development plan for which the
amendment or change of use is sought, and, if so referred, the decision of
the Hearing Officer or Planning and Zoning Board shall constitute a final
decision, subject only to appeal as provided for development plans under
Division 2.3, 2.4 or 2.5, as applicable, for the minor amendment or change
of use.
(4) Appeals. Appeals of the decision of the Director regarding the approval,
approval with conditions or denial of, a change of use, or a minor
amendments of any approved'development plan, site specific development
plan, or the existing condition of a platted property, shall be to the Plan-
ning and Zoning Board. Any such appeal shall be taken by filing a notice
of appeal of the final decision with the Director within fourteen (14) days
after the action that is the subject of'the appeal. The decision of the Plan-
ning and Zoning Board on such appeals shall constitute a final decision
appealable pursuant to Section 2.2.12 (Step 12).
(B) Major Amendments and Changes of Use Not Meeting the Criteria of 2.2.10(A).
(1) Procedure/Criteria. Amendments to any approved development plan,
including any Overall Development Plan or Project Development Plan, or
any site specific development plan, and changes of use that are not
determined by the Director to be minor amendments or qualifying changes
of use under the criteria set forth in subsection (A) above, shall be deemed
major amendments. Major amendments to approved development plans or
site specific development plans approved under the laws of the City for the
development of land prior to the adoption of this Code shall be processed
as required for the land use or uses proposed for the amendment as set
forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone
district in which the land is located, and, to the maximum extent feasible,
shall comply with the applicable standards contained in Articles 3 and 4.
Major amendments to development plans or site specific development
plans approved under this Code shall be reviewed and processed in the
same manner as required for the original development plan for which
amendment is sought. Any major amendments to an approved project
development plan or site specific development plan shall be recorded as
amendments in accordance with the procedures established for the filing
and recording of such initially approved plan. Any partial or total
abandonment of a development plan or site specific development plan
approved under this Code, or of any plan approved under the laws of the
City for the development of land prior to the adoption of this Code, shall
be deemed to be a major amendment, and shall be processed as a Type 2
review; provided, however, that if a new land use is proposed for the
property subject to the abandonment, then the abandonment and new use
shall be processed as required for the land use or uses proposed as set forth
in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in
which the land is located.
Section 4. That Section 2.11.1(B) of the Land Use Code is hereby amended to read
as follows:
2.11.1 Purpose and Applicability
(B) Applicability. This Division shall' apply to appeals from an administrative
decision regarding the interpretation and/or application of the land use regulations
which preceded .this Land Use Code, and to appeals from the following
administrative decisions made under this Land Use Code, provided such'
administrative decision is not for approval, approval with conditions, or denial
either of a project development plan or a final plan pursuant to Divisions 2.4 or
2.5 or of an administrative amendment/abandonment of any such plan or of any
plan approved under prior law, processed pursuant to Section 2.2.10 (Step 10):
Section 5. That Article 2 of the Land Use Code is hereby amended by the addition of
a new Division 2.18 Basic Development Review, which reads in its entirety as follows:
2.18.1 Purpose and Applicability
The purpose of the Basic Development Review process is to establish a process for
approval of a site specific development plan where the decision maker is the Director.
There is no public hearing and the Basic Development Review process shall not be
construed to be the same as an Administrative (Type 1) review process for which the
Director, or his designee, conducts a public hearing. The Basic Development Review
shall be the review process for:
(A) Those uses listed as such in each of the Article Four Zone Districts.
(B) Existing Limited Permitted Uses (1.6.5)
(C) Expansions and Enlargements of Existing Buildings (3.8.20 and 3.8.25).
(D) Building Permit Applications (2.7).
(E) Minor Subdivisions (2.18.2).
2.18.2 Minor Subdivisions
A Minor Subdivision is a plat or replat that does not create more than one new lot. A
minor subdivision shall not be permitted if the property is within a parcel, any part of
which has been subdivided by a Minor Subdivision plat within the immediately preceding
twelve (12) months. For an unplatted metes and bounds lot undergoing the Minor
Subdivision process to create a platted lot with the same boundaries, Step 6 (Notice) of
Section 2.18.3 is not applicable.
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
An application for a Basic Development Review or Minor Subdivision shall be processed
according to, in compliance with, and subject to the provisions contained in Division
2.1 and Steps (1) through (12) of the Common Development Review Procedures
(Sections 2.2.1 through 2.2.12, inclusive), as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application): Applicable.
(D) Step 4(Review of Applications): Applicable.
(E) Step 5 (Staff Report): Not applicable and in substitution thereof, a staff report
shall be prepared in the case of an appeal of a final decision pursuant to Section
2.2.12(Step 12).
(F) Step 6 (Notice):
Step 6(A) (Mailed Notice): Applicable. Notice to be mailed to the owners of
record of all real property within eight hundred (800) feet (exclusive of property
rights-of-way, public facilities, parks or public open space) of the property lines
of the parcel of land to be subdivided.
Step 6(B) (Posted Notice): Applicable.
Step 6(C) (Published Notice): Applicable.
Step 6(D) (Supplemental Notice): Not Applicable.
Step 6(E) Applicable.
(G) Step 7(Public Hearing): Not Applicable.
Step 7(A)(1 and 2): (Decision maker): Not applicable and in substitution thereof,
the Director shall be the decision maker and there shall be no public hearing.
Steps 7(B—C) —Not Applicable.
Step 7(D)(1 and 2): (Decision and Findings): Not applicable and in substitution
thereof, after consideration of the development application, the Director shall
issue a written decision to approve, approve with conditions, or deny the
development application based on compliance with the standards referenced in
Step 8 of the Common Development Review Procedures (Section 2.2.8). The
written decision shall be mailed to the applicant and to any person who provided
comments during the comment period and shall also be posted on the City's
website at www.fcgov.com:
Step 7(D)(3): (Findings): Applicable
Step 7(E): (Notification to Applicant): Applicable.
Step 7(F)(1): (Recording of the Public Hearing): Not Applicable.
Step 7(F)(2)(a): (The Record): Not Applicable.
Step 7(F)(2)(b): (Minutes): Not applicable and in substitution thereof, the
Director shall issue the decision in writing.
Step 7(F)(2)(c and d): (Verbatim Transcript and Videotape Recording): Not
Applicable.
Step 7(G): (Recording of Decisions and Plats): Applicable for Minor Subdivisions
only.
(H) Step 8 (Standards): Applicable.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step IO (Amendments): Applicable.
(K) Step 11 (Lapse): Applicable
Step 11(A): (Application Submittals): Applicable
Step II(B and C) (Lapse): Not Applicable.
Step II(D)(1-8): (Final Plan and Plan and Other Site Specific Development Plan):
Applicable.
Step 11(D)(9): (Post denial re-submittal delay): Not Applicable.
Step 11(D)(10): (Automatic repeal; waiver): Applicable
(L) Step 12 (Appeals): Applicable and in explanation thereof, appeals of the decision.
of the Director regarding approval, approval with conditions or denial of a Basic
Development Review and Minor Subdivision shall be to the Planning and Zoning Board.
Any such appeal shall be taken by filing a notice of appeal of the final decision of the
Director within 14 days after the action that is the subject of the appeal. The appeal
hearing with the Planning and Zoning Board shall be considered a new, or de novo,
hearing. The decision of the Planning and Zoning Board on such appeals shall constitute
a final decision appealable to City Council pursuant to Section 2.2.12(Step.12).
Section 6. That Section 3.8.19(A) of the Land Use Code is hereby amended to read
as follows:
3.8.19 Setback Regulations
(A) Features Allowed Within Setbacks. The following structures and features may
be located within required setbacks:
(1) trees, shrubbery or other features of natural growth;
(2) fences or walls, subject to permit approval, that do not exceed the
standards established in Section 3.8.11;
(3) driveways and sidewalks;
(4) signs, if permitted by the sign regulations of this Land Use Code;
(5) bay windows and similar sized cantilevered floor areas, and architectural
design embellishments of dwellings that do not project more than two (2)
feet into the required setback, basement egress windows including the
foundation that forms the window well, as long as the window foundation
does not exceed the elevation or height of the house foundation, provided
none of the foregoing elements shall encroach upon any public easements;
Section 7. That Section 3.8.28 of the Land Use Code is hereby amended to read as
follows:
3.8.28 Extra Occupancy Rental House Regulations
(C) In all zone districts allowing extra occupancy, rental houses, an application for
extra occupancy rental house use for more than five (5) tenants shall be subject to
Type I administrative review.
(D) . In the L-M-N zone district, an application for extra occupancy rental house use
for more than four (4) tenants shall be subject to Type 1 administrative review.
Section 8. That the table contained in Section 4.16(B)(2) [Downtown District] of the
Land Use Code is hereby amended to read as follows:
Old City Canyon Civic
Land Use Center Avenue Center
C. COMMERCIAL/RETAIL
Retail marijuana store BDR BDR BDR
Section 9. That Section 4.17(B)(1)(f) and (g) [River Downtown Redevelopment
District] of the Land Use Code are hereby amended to read as follows:
(f) Commercial/Retail Uses:
1. • Medical marijuana centers.
2. Retail marijuana store.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused.product manufacturers.
3. Retail marijuana cultivation facility.
4. Retail marijuana product manufacturing facility.
5. Retail and medical marijuana testing facility.
Section 10. That Section 4.17(B)(2)(c) and (d) [River Downtown Redevelopment
District] of the Land Use Code are hereby amended to read as follows:
(c) Commercial/Retail Uses:
14. Music studios.
15. Food truck rally.
16. Music facility, multi-purpose.
(d) Industrial Uses:
1. Small-scale and medium-scale solar energy systems.
Section 11. That Section 4.18(B)(1)(f) [Community Commercial District] of the Land
Use Code is hereby amended to read as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
2. Retail marijuana store.
Section 12. That Section 4.18(B)(2)(c) [Community Commercial District] of the Land
Use Code is hereby amended to read as follows:
(c) Commercial/Retail Uses:,
27. Music studios.
28. Food truck rally.
29. Music facility, multi-purpose.
Section 13. That Section 4.19(B)(1)(f) and (g) [Community Commercial — North
College District] of the Land Use Code are hereby amended to read as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
2. Retail marijuana store.
(g) Industrial Uses:
3. Retail marijuana cultivation facility.
4. Retail marijuana product manufacturing facility.
5. Retail and medical marijuana testing facility.
Section 14. That Section 4.19(B)(2)(c) and (d) [Community Commercial — North
College District] of the Land Use Code is hereby amended to read as follows:
(c) Commercial/Retail Uses:
26. Music studios.
27. Food truck rally.
28. Music facility, multi-purpose.
(d) Industrial Uses:
1. Light industrial uses.
2. Research laboratories.
3. Workshops and custom small industry uses.
4. Small-scale and medium-scale solar energy systems.
Section 15. That Section 4.20(B)(1)(f) [Community Commercial — Poudre River
District] of the Land Use Code is hereby amended to read as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
2. Retail marijuana store.
Section 16. That Section 4.20(B)(2)(c) [Community Commercial — Poudre River
District] of the Land Use Code is hereby amended to read as follows:
(c) Commercial/Retail Uses:
19. Music studios.
20. Music facility, multi-purpose.
Section 17. That the table contained in Section 4.21(B)(2) [General Commercial
District] of the Land Use Code is hereby amended to read as follows:
General Commercial`
Land Use I-251SH 392 (CAC) District(C-G)
C. COMMERCIAL/RETAIL
Retail marijuana store Not permitted BDR
Section 18. That Section 4.22(B)(1)(f) and (g) [Service Commercial District] of the
Land Use Code are hereby amended to read as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
2. Retail marijuana store.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation
operations.
2. Medical marijuana-infused product manufacturers.
3. Retail marijuana cultivation facility.
4: Retail marijuana product manufacturing facility.
5. Retail and medical marijuana testing facility.
Section 19. That Section 4.22 (13)(2)(c) and (d) [Service Commercial District] of the
Land Use Code are hereby amended to read as follows:
(c) Commercial/Retail Uses'.
43. Music studios.
(d) Industrial Uses:
k
6. Small-scale and medium-scale solar energy systems.
Section 20. That the table contained in Section 4.24(B)(2) [Limited Commercial
District] of the Land Use Code is hereby amended to read as follows:
Land Use Riverside Area All Other Areas
D. INDUSTRIAL
Retail marijuana cultivation facility Not permitted BDR
Retail marijuana product Not permitted BDR
manufacturing facility
Retail and medical marijuana testing Not permitted BDR
facility
Section 21. That Section 4.28 (13)(1)(f) [Industrial District]of the Land Use Code is
hereby amended to read as follows:
(f) Industrial Uses:
1. Medical marijuana optional premises cultivation
operations.
2. Medical marijuana-infused product manufacturers.
3. Retail marijuana cultivation facility.
4. Retail marijuana product manufacturing facility.
5. Retail and medical marijuana testing facility.
6. Small-scale and medium-scale solar energy systems.
Section 22. That Section 4.28(B)(2)(d) [Industrial District] of the Land Use Code is
hereby amended to read as follows:
(d) Industrial Uses:
11. Large-scale solar energy systems.
Section 23. That the definition of "Basic development review" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Basic development review shall mean a review without a public hearing by the Director
for the purpose of determining compliance with the applicable standards of Article 3 and
Article 4 of this Code for any use that is not subject to a Type 1 or Type 2 review.
Section 24. That the definition of "Change of use' contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Change of use shall mean the act of changing the occupancy of a building or land to a
different use that is specifically listed as a 'Permitted Use" in Article 4. A change of use
occurs whenever:
Section 25. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Minor subdivision" which reads in its entirety as follows:
Minor, subdivision shall mean the subdivision of a lot, tract or parcel into not more than
one (1) new lot and may include adjustments to lot lines.
Introduced, considered favorably on first reading, and ordered published this 1st day of
December, A.D. 2015, and to be presented for final passage on the 15th day of December, A.D.
2015.
VoRrco
4, SZ ayor
ATTEST: SEAL :
City Clerk
Passed and adopted on final reading on this 15th day,of December, A.D. 2015.
FoRr c Mayor .
' ATTEST: ti off.••......,o��yN
9 SEAS.
// City Clerk