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HomeMy WebLinkAbout616 W. MULBERRY ST., THE SHELDON HOUSE - APU - 15-10 - REPORTS - CORRESPONDENCE-HEARINGDivision 5.1, Definitions Section 5.1.2, Collector Collector street system shall mean a system of one (1) or more collector street(s) that allows traffic to be distributed to at least two (2) arterial streets. Color shade shall mean the degree of lightness or brightness, as opposed to darkness or neutrality, of a color as determined by the proportion of black, white or gray. Commercial development shall mean any land development activity except development activity intended solely for residential, industrial and/or light industrial use. Community facility shall mean a publicly owned or publicly leased facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Community park shall mean a city -owned park of not less than thirty (30) acres which serves the recreational and open space needs of the community as a whole. Community shopping center shall mean a shopping and service center located in a complex which is planned and developed as a unit, and which is intended to serve consumer demands from residents and employees who live and work in surrounding neighborhoods as well as the community as a whole. A community shopping center provides, in addition to the convenience goods of a neighborhood service center, a wider range of facilities for the sale of goods, such as, but not limited to, food, books, apparel and furniture. A community shopping center may include multi -family residential, as well as nonretail employment generating uses (such as professional offices) within the retail component of the center. Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. CRP-48 L r of EX, sT„i 6 TaG E HCX S'nl HIfA-rle�y Composting facility shall mean any site where decomposition processes are used on solid waste (including leaves, grass, manures and nonmeat food production wastes received from residential, commercial, industrial nonhazardous and community sources, but not including bio-solids) to produce compost; provided, however, that the term composting facility shall not include composting as an accessory use. Article S, Page 11 Stepp. 24 Addition of Permitted Use The A.P.U. process was adopted in July of 2008. To date, we have processed the following requests: Wholesale Distribution - 4800 Innovation Drive (formerly Simpson Sheet Metal) in the H-C, Harmony Corridor zone. Approved. This was in conjunction with an Amendment to a Final Plan. 2. Restaurant, Drive-in and Gas station — proposed shopping center (King Soopers) at the northeast corner of North College and Willox Lane in the C-C-N, Community Commercial - North College zone. Approved with Conditions. This was in conjunction with a Preliminary Design Review. (Note: the A.P.U. process was amended such that a request must be submitted in conjunction with a "site specific development plan." A P.D.R. is not considered a site specific development plan.) 3. Workshop and Custom Small Industry - 525 South Taft Hill Road (formerly Atlas Roofing) in the L-M-N, Low Density Mixed -use Neighborhood zone. Approved with condition. This was in conjunction with an Amendment to a Final Plan (Atlas Roofing P.U.D.). 4. Recreational vehicle, boat and truck storage to a property located one lot east of the southeast corner of South College Avenue and Skyway Drive, located in the C, Commercial zone. Denied. (Randy Whitman property) This was in conjunction with a P.D.P. Then after the adoption of the South College Corridor Plan, the request was re -submitted and approved. 5. Warehouse and Public Facility to the Poudre School District property on East Prospect Road in the U-E, Urban Estate zone. Denied. This was in conjunction with an Overall Development Plan. 6. Unlimited Indoor Recreation — Rocky Mountain Archery in the H-C, Harmony Corridor zone. The building exceeded 5,000 square feet so the use moved from `limited indoor recreation," which is permitted in the I zone, to "unlimited" which is not so permitted. Approved and allowed to proceed as a Type One. 7. Professional Office and Bed and Breakfast with Six or Fewer Beds — 1124 West Mulberry at the northeast corner of Mulberry and Shields, currently occupied by State Farm Insurance in the N-C-L. Approved with condition that there be no exterior changes. (1) Addition of a Permitted Use by Director (but not by Planning and Zoning Board) under Section 1.3.4; Amend Section 3.5.1(A) to read as follows: 3.5.1 Building and Project Compatibility (A) Purpose. The purpose of this Section is to ensure that the physical and operational characteristics of proposed buildings and uses are compatible when considered within the context of the surrounding area. They should be read in conjunction with the more specific building standards contained in this Division 3.5 and the zone district standards contained in Article 4. All criteria and regulations contained in this Section that pertain to "developments", "the development plan", "buildings", and other similar terms shall be read to include the application of said criteria and regulations to any determination made by the Planning and Zoning Board under Section 1.3.4(A)(5) and (6) for the purpose of evaluating the authorization of an additional use. For each zone district: (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. h shall be specifically found by the Planning and Zoning Board to not be detrimental to the public good and to be in compliance with the requirements and criteria contained in Section 3.5.1; (6) Such use is not specifically listed as a "Permitted Use" in Article 4 or if such use is not specifically listed, the proposed such shall be specific to the proposed site, shall not be considered for a text amendment under paragraph (B) below, and shall be specifically found by the Planning and Zoning Board to not be detrimental to the public good and to be in compliance with the requirements and criteria contained in Section 3.5.1. (See Section 2.9 for the procedures for text amendments.) (B) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with this Section, such use shall be promptly considered for an amendment to the text of this Land Use 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 Land Use 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 (A), above. (C) 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, if applicable) may impose such conditions and requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Land Use Code, to ensure consistency with City Plan and its adopted components and associated sub -area plans, to prevent or minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses. Amend Section 2.11.1(B)(1) to read as follows: (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): 0 In these examples, land uses were proposed that seemed reasonable, market - driven, with few impacts but not allowed in the zone district. Further, re -zoning of individual parcels is discouraged as being considered spot zoning. The proposed revision would provide for a reasonable approach that would allow properties with unique attributes to be eligible for a wider range of land uses subject to conditions as may be deemed appropriate by the Planning and Zoning Board. The proposed provision would allow existing buildings to adapt to changing market conditions over the life of the structure. Proposed Solution Overview The proposed solution is to amend Sections 1.3.4; 2.11 and 3.5.1 in order to create a process by which a use can be added to zone but only for a specific parcel, potentially subject to conditions and subject to Type Two review. 1.3.4 Addition of Permitted Uses (A) Required Findings. In conjunction with a particular development proposal and upon application by the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized in subparagraphs (5) and (6) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; (2) 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; (3) 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; (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; (5) Such use is not specifically listed by name as a prohibited use in the zone district to which it is added, or if such use is prohibited, the proposed use shall be specific to the proposed site, shall not be considered for a text amendment under paragraph (B) below, and �1 • 4800 Innovation Drive Originally constructed for sheet metal contractor, this building includes a large shop area, outside enclosed storage for material and overnight truck parking and a small office. The parcel backs up to the railroad tracks. A recent wholesale distributor was denied use of the building due to the use not being permitted in the zone. • 315 West Harmony Road Originally constructed as a large single family detached home, this structure sits on nine acres and includes a 1,700 square foot office. And yet the parcel abuts the railroad tracks and a South College Avenue shopping center. Several proposals have been brought forward that slightly exceed the Home Occupation limits and do not match the zoning. • 4101 South Taft Hill Road This older, small single family detached home fronts on South Taft Hill Road. But, due to the re -alignment of West Harmony Road, this parcel now finds itself at the southwest corner of two arterials. A mom and pop bicycle repair shop was denied due to underlying residential zoning. • 921 East Prospect Road This property includes a house that fronts on Prospect Road and a large shop. The original owner resided in the house and operated a machine shop. Upon the death of the owner, the house became an office and the shop transitioned to a small company that restores houses after floods, fires, etc. Under today's Land Use Code, however, both uses would not be permitted. 706 East Stuart Street Originally constructed as a single family home by a photographer operating as a home occupation, this structure has transitioned to a variety of non -owner occupied, non-residential uses. The large structure has ample off-street parking. Again, under today's Land Use Code, the only permissible use would be as a residence with a home occupation. 19 • An Addition of a Permitted Use may run with the property, not any one specific owner/applicant, but any expansions or changes are subject to further review. • This process will allow commercial properties in the Southwest Annexation a degree of flexibility in finding practical uses as the area transitions from unincorporated Larimer County to City of Fort Collins. Examples of Potential Properties Several properties have been brought to Staffs attention where the proposed land uses do not necessarily match the permitted use list for the affected zone. A cursory review of these properties, and their prospective land uses, does not lead us to conclude that the overall vision of City Plan would be jeopardized. This list is by way of example and not intended to be exhaustive: • 1225 Redwood (New Beginnings, Wingshadow) Originally constructed for 30-day drug and alcohol treatment, this building includes residential wings, commercial kitchen, large meeting rooms, ample parking and offices. Over the years, various uses have come and gone, including group home, child care and a small private high school. This building will continue to attract various public/private institutional type land uses. • 421 Parker (Columbine Care Center) Originally constructed as a large nursing home, this vacant building is zoned L-M-N and is attracting a variety of uses that are either not permitted in the zone or permitted but exceed maximum allowable number of clients. • 5009 Fossil Boulevard Originally constructed for a wholesale distributor, the soon -to -be vacant building features dock -high loading, high -rack storage, and an ample indoor floor area for bulky goods. Wholesale distribution and light industrial, however, are not permitted in the zone. 3 The Addition of a Permitted Use provision will allow the Planning and Zoning Board to address site specific issues that may make a certain land use appropriate with given circumstances and limitations. For example, Staff has encountered proposals involving houses situated on arterial streets in the L-M-N zone. Proposals have involved small businesses that may fit the specific property but are not appropriate to simply allow throughout the zone district. The Addition of a Permitted Use would reduce the all -or -nothing choice of either rezoning to a commercial zone or denying the request. Once a re -zoning occurs and a use is permitted, any further conditions on the land use is considered inappropriate. One of the fundamental attributes of City Plan is to promote a mix of uses in newly developing areas, and to strategically allow certain mixed -uses to be added into existing established areas. Calibrating the precise recipe of these mixes, however, is more art than science. Staff's experience suggests that different degrees of intensity within use categories may warrant additional uses to be allowed in the mix, with limits on intensity tailored to the specific site, and without setting a precedent for any other situations. Staff contends this can �OE- Z— accommodated without any serious detriment to overall community vision and goals. Staff has discussed the following guiding principles: • New uses that add a level of intensity near residential neighborhoods will be limited to transition areas or along arterial and collector streets. • New uses that are permitted will be for site specific properties only and not be considered approved for that zone district on a city-wide basis nor considered a precedent on which to base future decisions. • Any violations of an Addition of a Permitted Use are subject to standard enforcement procedures on par with a zoning violation. • An Addition of a Permitted Use may only be granted by the Planning and Zoning Board. • As is presently the case, the Planning and Zoning Board may impose conditions on a P.D.P as may be found to be necessary. • For example, these limitations are enumerated in (but not limited to) Section 3.5.1(H) — Land Use Transition, Section 3.5.1(1) — Outdoor Storage Areas/Mechanical Equipment and Section 3.5.1(J) — Operational/Physical Compatibility Standards. 2 . LAJC '0740P Item 795 Amend 1.3.4(A) — Addition of a Permitted Use — to allow the Board to add a compatible use on a parcel specific basis and subject to compliance with 3.5.1. Problem Statement The Land Use Code contains 25 zone districts. Each zone contains a list of permitted uses. Further, each zone district states: "Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited." Prescribing certain land uses to each of the 25 zone districts was designed to implement the vision of the City Plan and the Structure Plan Map. In addition, this high degree of specificity was intended to bring a measure of extra predictability to the land use regulatory system. While the Land Use Code moved the regulatory system further along the predictability scale, there is a concern that such predictability came at the expense of flexibility and did not consider emerging new uses or changing market conditions over the life of developed properties. Presently, Section 1.3.4 can only add uses that were not contemplated by the L.U.C. Very few land uses have been added by way of Section 1.3.4. By way of example, non-alcoholic nightclubs were added to the Downtown zone, and wildlife rescue and education center was added to eight zone districts. Staff contends that introducing flexibility, on a limited basis via the Addition of a Permitted Use, does not come at the expense of predictability. In other words, the balance between predictability and flexibility is not a zero sum game. With a Type Two review process and compatibility and operational standards in Article Three, plus any specific conditions related to the individual P.D.P. applicant, there are sufficient safeguards to mitigate any impacts and protect surrounding neighborhoods. In fact, many towns and cities throughout the region have adopted a Special Use/Conditional Use Permit process to allow for unforeseen, unique variables in certain circumstances, while still protecting the public good. It has been Staff's experience that introducing a level of flexibility on a limited parcel -by -parcel basis will not undermine the overall objectives of City Plan and the Structure Plan Map.