HomeMy WebLinkAboutAMENDMENTS TO THE LAND DEVELOPMENT GUIDANCE SYSTEM AND SECTION 29-526 OF THE CITY CODE ..... SECOND P & Z BOARD HEARING (CONTINUED FROM 7/24/1995) - 33-95 - REPORTS - RECOMMENDATION/REPORTAPPENDIX "C"
APPEAL PROCESS
A decision of the Planning and Zoning Board may be appealed to the City Council in
accordance with the provisions of `'� 7 Article 2 Division 3 of the Code. An
appeal of a decision of the Board regarding a preliminary_ plan shall be limited to issues
related to the land use layout or density of the preliminary plan or to any conditions
imposed by the Board as part of the preliminary approval An appeal of a decision of
the Board regarding a final plan may be directed toward any aspect of the final plan
other than land use provided however, that such an appeal may be directed toward
the layout or density of the final plan only when such layout or density has been
modified by the Board at the time of its review and approval of the final plan.
For information concerning the appeals procedure, please contact the City Clerk's
Office.
ATTEST:
City Clerk
Passed and adopted on final reading this day of January, A.D. 1995.
Mayor
ATTEST:
City Clerk
density may be required by the Planning and Zoning Board's
subsequent review of new information provided at the time of
final plan submittal to ensure that the final plan conforms to
the requirements of this section.
Section 2. That Sec. 29-526(F)(5)(c) be repealed and readopted to read as follows:
(c) The final plan shall also comply with all other applicable
criteria of the Land Development Guidance System; provided,
however, that the Planning and Zoning Board shall may
impose additional requirements or conditions pertaining to the
general layout and densities as shown on the preliminary plan
only when such additional conditions are, in the judgment of
the Board, made necessary by information provided at the
time of the final plan submittal that was not available to the
Board upon its review of the preliminary plan.
Section 3. That Appendix C of the Land Development Guidance System be repealed and
readopted to read as follows:
APPENDIX"C"
A decision of the Planning and Zoning Board may be appealed to the
City Council in accordance with the provisions of Seetion 2-47Article
2, Division 3 of the Code. An appeal of'a decision of the Board
regarding a preliminary plan shall be limited to issues related to land
use, layout or density of the preliminary plan, or any conditions
imposed by the Board as part of the preliminary approval. An appeal
of a decision of the Board regarding a final plan may be directed
toward any aspect of the final plan other than land use; provided,
however, that such an appeal may be directed toward the layout or
density of the final plan only when such layout or density has been
modified by the Board at the time of its review and approval of the
final plan.
For information concerning the appeals procedure, please contact the
City Clerk's Office.
Introduced, considered favorably on first reading, and ordered published this day of
, A.D. 1995, and to be presented for final passage on the day of , A.D.
1995.
Mayor
ORDINANCE NO. , 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 29-526 OF THE CODE OF THE CITY REGARDING
THE APPROVAL OF AND APPEAL RIGHTS FOR PRELIMINARY AND FINAL PLANS
WHEREAS, Sec. 29-526 of the Code of the City constitutes the City's Land Development
Guidance System ("LDGS"); and
WHEREAS, the Council of the City of Fort Collins has determined that Sec. 29-526(F)
should be amended to clarify that the approval by the Planning and Zoning Board of a preliminary
plan constitutes approval of the proposed land use and also constitutes an expression of preliminary
approval of the layout and density shown on the plan, with the provision that said layout and density
may be modified by the Planning and Zoning Board based upon subsequent its review of any new
information provided at the time of final plan submittal; and
WHEREAS, the City Council has further determined that at the time of final plan review,
the Planning and Zoning Board may impose additional conditions or requirements pertaining to
layout and density only if such requirements are necessary based upon information provided at the
time of final plan submittal which was not available to the Board upon its review of the preliminary
plan; and
WHEREAS, the Council has further determined that the process for appealing decisions of
the Planning and Zoning Board to the City Council should be amended to clarify that any appeal of
an item relating to land use, layout or density must be brought to the Council upon the approval of
the preliminary plan; provided, however, that issues relating to layout and density that were
addressed at the time of final plan consideration may be brought to the Council upon appeal of action
on the final plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS AS FOLLOWS:
Section 1. That Sec. 29-526(F)(4)(c) be repealed and readopted to read as follows:
(c) The Planning and Zoning Board may approve, disapprove, or
approve with conditions the preliminary plan for a proposed
planned unit development. Approval of a preliminary plan
shall constitute approval'ofthe proposedland use shown on
the plan, subject to the satisfaction I of all other applicable
criteria of,, the „Land° Development Guidance .Systemnot
o t . Approval
of the.preltm�riaryplan' + shall also be deemed an expression
of preliminary approval of the layout and density submitted
on the preliminary plan as a guide to the preparation of the
final plan. Subsequent:modificatxons of such layout and
Commut Planning and Environmental
Current Planning
City of Fort Collins
MEMO
To: Council Growth Management Committee
From: Bob Blanchard 7k3.`?
Current Planning Director
vices
Subject: Land Development Guidance System Amendments - Preliminary and
Final PUD Approval and the Appeals Process
Date: July 27, 1995
On Monday, July 24, 1995, the Planning and Zoning Board postponed consideration of the
proposed amendments to the Land Development Guidance System regarding the clarification of
preliminary and final PUD approval. It is their intent to discuss this item at an August work
session and place it back on the August Board agenda.
Since it was the direction of the Committee that Council discussion of this item be delayed until
after the Board's recommendation could be discussed, this item will be rescheduled for the
September 18th Council Growth Management Committee Meeting and the October 3rd City
Council Meeting.
cc: Diane Jones, Interim City Manager
Wanda Krajicek, City Clerk
Greg Byrne, CPES Director
281 North College Avenue • P.O. Box 580 Fort Collins, CO 80522-0580 • (970) 221-6750
FAX (970) 221-6378 • TDD (970) 224-6002
APPENDIX "C"
APPEAL PROCESS
A decision of the Planning and Zoning Board may be appealed to the City Council in
accordance with the provisions of Sect an L-47 Article 2 Division 3 of the Code. An
appeal of a decision of the Board regarding a preliminary plan shall be limited to issues
related to the land use layout or density of the preliminary plan or to any conditions
imposed by the Board as part of the preliminary approval An appeal of a decision of
the Board regarding a final plan may be directed toward any aspect of the final plan
other than land use: provided however, that such an appeal may be directed toward
the layout or density of the final plan only when there was no approval of layout or
density at the hearing on the preliminary_ plan or when such layout or density has been
modified by the Board at the time of its review and approval of the final plan.
For information concerning the appeals procedure, please contact the City Clerk's
Office.
29-526 F (4) Preliminary Plan
[c] The Planning and Zoning Board may approve, disapprove, or
approve with conditions the preliminary plan for a proposed
planned unit development. Approval of a preliminary plan shall
constitute approval of the proposed land use shown on the plan,
subject to the satisfaction of all other applicable criteria of the Land
Development Guidance System. not eanstittite final appfaval of the
final plam�f�, Approval of the preliminary plan it -shall also be
deemed an expression of preliminary approval of the layout and
density submitted on the preliminary plan as a guide to the
preparation of the final plan. Subsequent modifications of such
layout and density may be required by the Planning and Zoning
Board's subsequent review of new information provided at the time
of final lan submittal to ensure that the final plan conforms to the
requirements of this section.
(5) Final Plan
[c] The final plan shall also comply with all other applicable criteria of
the Land Development Guidance System; provided, however, that
the Planning and Zoning Board shall me may impose additional
requirements or conditions pertaining to the general layout and
density as shown on the preliminary plan only when such additional
conditions are in the judgement of the Board made necessary *
information provided at the time of the final plan submittal that was
not presented to the Board at the hearing on the preliminary plan
6-1
The preliminary language states that approval of layout and density is "an expression of
preliminary approval" which would indicate that this approval is truly preliminary. However. the
limitation on changing layout and density in the final plan language would indicate a higher level
of approval. It has frequently been argued that preliminary approval "vests" layout and density
for the final plan application. Concerns about this provision frequently results in a condition at
preliminary approval that ensures that layout and density are not vested with preliminary
approval. The recommended language would eliminate that need.
In order to clarify this issue, staff is recommending changes to these sections of the Code.
Under the proposed changes, land use would be the only part of an application to receive
complete approval at the preliminary stage. Layout and density would continue to receive
Preliminary approval as a guide to proceed with final plan development. However, under the
proposed language, this preliminary approval could be modified when additional information
provided during final plan review makes a change necessary (For example, storm drainage
modeling, typically done between preliminary and final applications, could reveal a need for
increased stormwater conveyance channels and/or detention ponds which could impact layout
and density).
The proposed changes to preliminary and final plan approval language will clarify what the
applicant can rely on if approval is received. It also clarifies for both the applicant and the Board
the conditions under which preliminary approvals can be modified during final review.
ADneals
Currently, any facet of a project may be appealed to City Council at either preliminary or final
approval within the boundaries established in the appeals section of the Code (Section 2-46).
The proposed changes to the appeals section of the Land Development Guidance System would
limit what could be appealed at each stage of review. Since land use is granted final approval at
the preliminary stage of a proposed project, it could only be appealed to Council after the
Board's decision on the preliminary application. Land use could not be appealed after a Board
decision is rendered on the final plan. Layout and density would be afforded the same
consideration except that they could be appealed after the Board's decision on the final PUD
application if modification were made to the preliminary approval.
These appeal provisions provide a level of predictability to an applicant that is not contained in
the existing language. It is appropriate that the land use, layout and density of a project not be
subject to appeal except at the time they are approved unless additional information results in
some modification.
ITEM NO. 8
MEETING DATE 8/21/95
STAFF Bob Blanchard
6i
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Recommendation To City Council Regarding Amendments To The Land
Development Guidance System and Section 29-526 Of The Citv Code -
413-95
APPLICANT: City of Fort Collins. Current Planning Department
PROJECT DESCRIPTION:
The attached amendments to the Land Development Guidance System will 1) clarify what is
actually received by an applicant when preliminary and final PUD approval is made by the
Planning and Zoning Board.. and 2) define what elements of the Planning and Zoning Board's
decisions can be appealed after decisions on preliminary and final PUD plans are made.
RECOMMENDATION: Approve a recommendation to the City Council that Section 29-
526F(4) and (5) of the City Code and Appendix C. Appeal Process.
of the Land Development Guidance System be amended.
EXECUTIVE SUMMARY -
Preliminary and Final PUD Approval
The current language of the Land Development Guidance System has caused continued
confusion about what is actually approved when a Planned Unit Development is given
preliminary approval by the Planning and Zoning Board. Does the existing language mean that
the Board is prohibited from changing the layout and density of a project when it comes back for
final review? Are there any conditions under which layout and density can be modified at final
review? Is land use approved at preliminary or final approval? The current language states:
29-526F(4)(c) Preliminary Plan:
Approval of a preliminary plan shall not constitute final approval of the final plan: rather.
it shall be deemed an expression of approval of the layout and density submitted on the
preliminary plan as a guide to the preparation of the final plan.
29-526F(5)(c) Final Plan:
...the Planning and Zoning Board shall not impose additional requirements or conditions
pertaining to the general layout and densities as shown on the preliminary plan.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins. CO 8052?.-0580 (303) 2-21-6750
PLANNING DEPARTMENT