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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