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HomeMy WebLinkAbout080 - 09/01/2015 - AMENDING SECTION 1.3.4 OF THE LAND USE CODE PERTAINING TO THE ADDITION OF PERMITTED USES IN EIGHT ZO ORDINANCE NO. 080, 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 EIGHT 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 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 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 any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) 3. Residential Foothills District(R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 8. 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 (C) Procedures and Required Findings. The following procedures and required findings shall apply to Addition of Permitted Use determinations made by the Director, Planning and Zoning Board, and City Council respectively: (1) Director Approval. In conjunction with an application for approval of an overall development plan, a project development plan, or any amendment of the foregoing . (the "Primary Application" for purposes of this Section only), for property not located - 1 - in any zone district listed in subsection (G), the applicant may apply for the approval of an Addition of Permitted Use for uses described in subsection (13)(1) to be determined by the Director. If the applicant does not apply for such an Addition of Permitted Use in conjunction with the Primary Application, the Director in his or her sole discretion may initiate the Addition of Permitted Use process. The Director may add to the uses specified in a particular zone district any other use which conforms to all of the following criteria: (a) Such use is appropriate in the zone district to which it is added. (b) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added. (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. (d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. (e) Such use will not change the predominant character of the surrounding area. (f) Such use is compatible with the other listed permitted uses in the zone district to which it is added. (g) Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review. (h) Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined,in Section 15- 603 of the City Code. (2) Planning and Zoning Board Approval. In.conjunction with a Primary Application for a project not located, in whole or in part, in any zone district listed in subsection (G), the applicant may apply for approval of an Addition of Permitted Use for uses - 2 - described in subsection (13)(2) to be determined by the Planning and Zoning Board. The Planning and Zoning Board may add a proposed use if the Board specifically finds that such use: (1) conforms to all of the eight criteria listed in subsection (C)(1); (2) would not be detrimental to the public good; (3) would be in compliance with the requirements and criteria contained in Section 3.5.1; and (4) is not specifically listed as a 'Prohibited Use" in the zone district in which the proposed site is located. The Addition of a Permitted Use by the Board shall be specific to the proposed project and shall not be considered for a text amendment under subsection (D) below. (3) City Council Approval. In conjunction with a Primary Application for a project located, in whole or in part, in a zone district listed in subsection (G), any application for the approval of an Addition of Permitted Use shall be determined by the City Council after a Planning and Zoning Board recommendation on the Addition of Permitted Use. The Planning and Zoning Board shall remain the decision maker on the Primary Application. (a) The Planning and Zoning Board may recommend to the City Council that a proposed use described in subsection (13)(1) be added if the Board specifically finds that such use conforms to all of the eight criteria listed in subsection (C)(1). The Planning and Zoning Board may recommend to the City Council that a proposed use described in subsection (13)(2) be added if the Board specifically finds that such use: (1) conforms to all of the eight criteria listed in subsection (C)(1); (2) would not be detrimental to the public good; (3) would be in compliance with the requirements and criteria contained in Section 3.5.1; and (4) is not specifically listed as a 'Prohibited Use" in the zone district in which the proposed site is located. The Planning and Zoning Board shall consider only the requirements set forth in this subsection in making a recommendation on the Addition of Permitted Use and shall follow the notice and hearing requirements that are established for zonings and rezonings of areas of no more than six- hundred forty acres in size as set forth in Section 2.9.4 of this Land Use Code. (b) 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 requirements for Council action that are established for zonings and rezonings of areas of no more than six-hundred forty acres in size; as set forth in Section 2.9.4 of this Land Use Code and shall follow the applicable hearing procedures established by the City Council by resolution for such hearings. In determining the Addition of Permitted Use, the City Council shall consider only the requirements set forth in subsection (c) below. (c) In deciding the Addition of Permitted Use application for uses described in subsection (13)(1), the City Council, after considering the Planning and Zoning Board recommendation, may add a proposed use if the Council specifically finds that such use conforms to all of the eight criteria listed in subsection (C)(1). In deciding the Addition of Permitted Use application for uses described in subsection (13)(2), the City Council, after considering the Planning and Zoning 3 - Board recommendation, may add a proposed use if the Council specifically finds that such use: (1) conforms to all of the eight criteria listed in subsection (C)(1); (2) would not be detrimental to the public good; (3) would be in compliance with the requirements and criteria contained in Section 3.5.1; and (4) is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. The City Council's action on the Addition of Permitted Use shall be by ordinance. The Addition of a Permitted Use by City Council shall be specific to the proposed project and shall not be considered for a text amendment under subsection (D). The City Council's decision on the Addition of Permitted Use shall not be appealable and, if applicable, shall be subject only to a vested rights and takings determination pursuant to Land Use Code Article 2, Division 2.13. (d) If the Addition of Permitted Use is denied, any Primary Application that has been approved by the Planning and Zoning Board contingent upon the City Council's approval of an Additional Permitted Use under this Section shall be automatically terminated and made null if such condition is not met; and any pending appeal of such conditional approval shall also be automatically terminated if such condition is not met, whereupon the appellant shall be promptly refunded any appeal fee that was paid to the City. (D) Codification of New Use. When any use described in subsection (13)(1) has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (C)(1) above, such use shall be promptly considered for an amendment to the text of this Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Code, at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (C)(1) above. (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; for 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. (F) Changes to Approved Addition of permitted Use. Approvals under this Section are specific to the subject Addition of Permitted Use application. Any changes to the use or to its location, size and design, in a manner that changes the predominant character of or increases the negative impact upon the surrounding area, will require the approval of a new Addition of Permitted Use. - 4 - (G) Zones Subject to City Council Addition of Permitted Use Review. The City Council shall make all final determinations regarding any Addition of Permitted Uses under subsection (C)(3) with respect to a project located, in whole or in part, in any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) 3. Residential Foothills District (R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 8. Neighborhood Conservation, Buffer District (N-C-B). 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 I st day of September, A.D. 2015. Q°RT C�<<iy O Mayor ATTEST: o SgAv COIORP City Clerk Passed and adopted on final reading on the 1st day of September, A.D. 2015. �,Fpoarco�t Mayor ATTEST: c? SEAL .N :1 //)may �� City Clerk LORPpO «//✓✓ 5 -