HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/02/2003 - FIRST READING OF ORDINANCE NO. 173, 2003 MAKING VA ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: December 2, 2003
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
First Reading of Ordinance No. 173, 2003, Making Various Amendments to the City of Fort
Collins Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the Fall
biannual update of the Land Use Code. On November 20, 2003, the Planning and Zoning Board
considered the proposed changes and took specific action on four individual items. These
actions are summarized in the attached memo. Outside of these four specific items, the Board
voted 6-0 to recommend approval of the balance of the proposed changes to City Council.
BACKGROUND
The Land Use Code was first adopted in March of 1997. Subsequent revisions have been
recommended on a biannual basis to make changes, additions, deletions and clarifications that
have been identified in the preceding six months. The proposed changes are offered in order to
resolve implementation issues and to continuously improve both the overall quality and "user-
friendliness" of the Code.
Attachments include a summary of the Planning and Zoning Board's action and a summary of all
the issues as well as the draft Ordinance itself.
In addition, packet materials include the attachments provided by the two private parties that
seek to add the Small Scale Reception Center to the Urban Estate zone district.
Community Planning and Environmental Services
(MCOMMMI
Current Planning
City of Fort Collins
MEMORANDUM
TO: Members of City Council
FROM: Ted Shepard, Chief Planner
4•
THRU: John Fischbach, City Manager 41
Greg Byrne, Director, C.P.E.S.
Cameron Gloss, Director, Curren Plannip
V
RE: Biannual Land Use Code Revisions - Report of Action of the
Planning and Zoning Board Meeting of November 20, 2003
DATE: November 24, 2003
The Planning and Zoning Board met on November 20, 2003 and considered the
Fall 2003 revisions to the Land Use Code. The Board took specific action on
several items. These items, the Board's action, and the staff recommendation
are summarized below.
1 . Item #596 - Small Reception Events Center:
Add "Small Scale Reception Center" as a permitted land use and identify
the zones where such use should be allowed and whether Type 1 or Type 2,
and consider performance standards.
The term "reception" has replaced "events" as a more accurate and descriptive
term so the use would not be considered equivalent to such facilities as the
Budweiser Event Center. And, in order to emphasize the limited scope of the
proposed use, a new sentence has been added to the definition as follows:
"A small scale reception center shall not include sporting events or
concerts"
The Board considered the testimony of two private parties that would like to
establish this type of business in the Urban Estate zone district. In this testimony
the two petitioners offered additional performance standards to address the
concerns raised at the Council study session and the Board's worksession.
These additional performance standards are designed to minimize the potential
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281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970) 221-6750 • FAX (970)416-2020
impact on any neighborhood and prevent such a use from occurring within the
middle of an established neighborhood. These additional performance standards
would supplement the ones already listed in the packet and are as follows:
• All parking shall be accommodated on site;
• Primary building facility shall be a minimum of 5,000 square feet;
• Primary facility shall be located a minimum of 300 feet from the
nearest residence; and
• Minimum lot size shall be 4.0 acres.
In their deliberation, Board asked Staff about the possibility of amending the
Structure Plan or establishing a variance procedure to establish the land use
without having to change the Land Use Code. Staff advised against these two
possible scenarios.
The Board engaged in a question-and-answer dialogue with the petitioners. The
Board expressed a concern about outdoor amplified music. The Board indicated
that while addition of the use into the U.E. zone is plausible, they would feel more
comfortable if provided with more research on the potential impacts and they
would benefit from a separate worksession on this one particular topic.
The Board provided the following direction and took the following action:
• Recommended that the definition of Small Scale Reception Center,
as amended with the additional sentence, be added to Article Five
(definition section) of the Land Use Code.
• Recommended that the Small Scale Reception Center be added to
the six commercial zone districts as indicated in the draft
Ordinance.
• Voted 7 — 0 to not allow Small Scale Reception Center in Urban
Estate zone.
Staff supports this action.
2. Item #613 — Add a Definition of "Adjacent":
Add a definition of "Adjacent" to clarify that it means "nearby but not
necessarily touching" and to distinguish that it does not mean the same as
"abutting" or "adjoining."
2
The Board deliberated and concluded that the term needs defining but expressed
reluctance based on the concerns on how the term relates to certain specific
standards throughout the Code.
Staff agrees and recommends postponing the clarification of"adjacent" until the
Spring LUC changes because of the time it will take to review each LUC
provision in which the term is used. Staff cautions, however, that, in the end, we
will need some flexibility in defining what we mean by "nearby" and we should at
least be able to explain the kinds of variables we will take into consideration in
making that determination on a case by case basis.
A search of the Code was done to identify the various contexts in which the word
is used. It is used dozens, if not hundreds, of times. The contexts range from
references to adjacent land uses to adjacent streets to adjacent districts,
developments, lots, properties, property owners, walls, rights of way, sites, buffer
zones, natural habitats and features, historic buildings, neighborhoods,
developed areas, public parks, etc.
Usually, the context suggests that we do not mean adjoining, touching or
abutting. We are instead referring to other properties or features within the
immediate vicinity of the proposed development that may be particularly affected
by the development. (In some places, we even say "adjacent or abutting" to
clarify that adjacent doesn't mean abutting in that context.) In some places,
though, we talk about "the adjacent street," or "the adjacent wall," in which case
we probably do mean the abutting streets and walls, rather than all the streets
and walls in the immediate vicinity of the development.
To remedy this, we need to clarify two things: (1) exactly what we mean
whenever we use the term "adjacent," that is, whether we mean nearby or
touching, and (2) when we do not mean "touching,"just how close something
must be in order to be considered "nearby." With regard to this latter question,
staff continues to think that some flexibility is needed in determining how close is
close enough to be "nearby," because what is within the "impact zone" of a
particular proposed use may vary widely, depending primarily upon the nature of
the proposed use and the kinds of areas or features that we think may be
affected by that use. For Spring, Staff plans to do the following:
1. Review each one of the LUC references to "adjacent."
2. Where we mean "abutting," we should say "abutting."
3. We should define "adjacent" to mean "nearby, but not necessarily
touching," and then go on to say that the determination of what is "nearby"
will be made on a case-by-case basis, taking into consideration the
context in which the term is used and the variables (such as size, mass,
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scale, visibility, nature of use, intensity of use, etc.) that may be relevant to
deciding what is "nearby" in that particular context.
The Board voted 4 — 2 to not implement this code change. Staff supports this
action and the item has been continued to Spring of 2004.
3. Item #615 — Amend the Reauest for Modification of Standards:
Amend 2.8.2 — Request for Modification of Standard — so that the review
criteria are broadened to include a wider range of standards and policies,
and would allow a Modification to be considered by the Hearing Officer.
Staff reported to the Board that the recent study (Zucker) evaluating the City's
development review process ranked changes to the Modification procedures as
the third most pressing issue facing the review process. Survey information
generated from applicant interviews, as well as some staff and Board members,
confirmed that "the procedures and attitudes related to Modifications are such
that they are not workable." Some specific concerns about the Modification
process include:
"Many applicants feel that the procedures for Modifications are so tough
that it is similar to going through the entire process. This defeats the value
of modifications and can actually lead to inferior projects".
"Even though they are allowed and often approved, the Planning and
Zoning Board tends to generally view Modifications negatively."
"Some communities allow at least some Modifications at the staff level."
"Some like modifications the way they are; others fees that the process
and findings could be improved to address infill concerns."
To address this issue, a code amendment is proposed that will give the
Administrative Hearing Officer the authority to evaluate Modification requests in
conjunction with a Type I application. By permitting a consolidated development
and modification request to be heard at the same time, there is significant time
savings for the applicant, yet the public has the opportunity to comment at a
public hearing, and the modification is still subject to the same review criteria as
applied by the Planning and Zoning Board. This code change would implement
the recommendation of the Zucker Report.
The Board deliberated the merits of allowing a Modification to be considered by
the Hearing Officer. For those in favor, the code change is viewed as an
improvement that would streamline the review process and allow the process to
be more predictable. For those opposed, there is a concern that the granting of a
4
Modification should only be granted after review and consideration by the
Planning and Zoning Board.
The Board voted 4 — 2 to not allow Modifications to be considered by the Hearing
Officer.
Staff continues to recommend that the proposed code change be implemented in
full (and thereby following the recommendation of the Zucker Report) such that
Modifications be allowed to be brought forward to the Hearing Officer.
In a related but minor action on this item, the Board voted 6 — 0 to add a fourth
criterion by which to grant a Modification. This has the effect of broadening the
reasons or justifications for a Modification by referring to the general purposes of
the Land Use Code as stated in Section 1.2.2 of the Code.
4. Item #625 - Amend the Contiguity Requirement for Overall
Development Plans:
Amend 2.3.2(H)(3) — O.D.P. standard —to modify the requirement that
O.D.P.'s must conform to the Compact Urban Growth Standards as
described in 3.7.2, and amend the reference in 3.7.2 accordingly.
The Board voted 4 —2 to approve the proposed change to Section 2.3.2(H)(3)
that would relieve an O.D.P. from having to be contiguous to existing urban
development. But, the Board stipulated that the reference in Section 3.7.2, that
would allow a Project Development Plan (P.D.P.) within an approved O.D.P. to
also not be contiguous, be deleted. The effect is that while an O.D.P. may be
non-contiguous, a P.D.P. for any phase within such O.D.P., by itself, must be
contiguous.
Staff supports this action.
5. Balance of the Proposed Code Changes:
The Board voted 6 — 0 to recommend approval of the balance of the proposed
changes to the Land Use Code.
5
Land Use Code Issues
Monday,November 24,2003
Issue ID# Issue Name
573 Amend 3.3.2(D)(7)to give the City Engineer more latitude in the requirement that all utilities be placed
underground within or adjoining new development.
595 Correct 3.2.4(C)-Lighting Levels-so that the maximum foot candles for under-canopy fueling areas is
described as a maximum,not a minimum.
596 Add "Small Scale Reception Center" as a permitted land use and identify the zones where such use should be
allowed and whether Type I or Type 2,and consider performance standards.
597 Consider adding a descriptive figure to 3.9.3(A)(B) (I-25 Standards) to illustrate commercial building
placement options outside of activity centers.
598 Add "Adult Day/Respite Care" as a permitted land use and identify the zones where such use should be allowed
and whether Type I or Type 2. (For adults 18 -60 years of age.)
599 Correct the placement of"Elderly Day Care Centers" in the Downtown zones so that it is classified as
commercial use. The use was incorrectly placed under Residential,Institutional,Industrial and Accessory as
well. And re-name based on Item 598.
600 Amend the definition of"off-street parking area' or "vehicular use area" so that internal drives of mini-storage
facilities are exempt from internal landscaping requirements.
602 Amend 2.11.1(B)by adding a Basic Development Review decision to the list of admininstrative decisions that
can be appealed to Z.B.A.
603 Amend the definition of"Site Specific Development Plan" so that the expiration provisions would apply to
Basic Development Review projects.
604 Consider adding 'Personal and Business Service Shop" as a permitted use in the E zone, without having to be
in a Convenience Shopping Center.
605 Add a new sub-section to Supplemental Regulation 3.8.25 to allow a conforming use to be rebuilt if destroyed
by natural catastrophe on par with a non-conforming use.
607 Consider amending the Sign Code Amortization provisions due to recent State legislation regarding non-
conforming uses.
609 Delete 4.24(D)(2)(a)-H-M-N Dimensional Standard- which requires a minimum 1.5 story height for new
structures or additions when such additions exceed 25%of the gross floor area.
610 Amend 4.9(B)(1)(b),Transition Zone,by making reference to the need to comply with applicable standards.
611 Amend the regulation in the N-C-L,N-C-M and N-C-B zones that prohibits second floor overhangs for
additions to also apply to overhangs for new construction.
612 Clarify 3.5.4(C)(3)(a),Big Box Standards,so that entrances do not have to necessarily face an arterial street so
long as there are at least two other entrances,on at least two elevations with one facing the street with the
highest level of pedestrians.
614 Add a new Supplemental Regulation(3.8.26)that proposed residential projects that adjoin an existing
industrial project provide a buffer yard to protect the industrial land use.
615 Amend 2.8.2-Request for Modification of Standard-so that the review criteria is broadened to include a
wider range of standards and policies,and would allow a Modification to be considered by the Hearing Officer.
Monday,November 24,2003 Page t of 2
Issue ID# Issue Name
616 Clarify the definition of"Development" by adding that work by public utilities that takes place within public
"easements" (in addition to rights-of-way) is also exempt from being considered "development."
617 Amend 2.13.10-Vested Rights Determination and cross-reference to 2.1.3(C)(1)to delete the references to
"Preliminary" Plans and replace it with "Project Development Plan" and "Plat."
618 Add a new section -3.4.9-entitled "Health Risks" -intended to protect the public from the risks associated
with developing ground that may have dangerous chemicals, metals,or other substances.
619 Amend the Table in 3.4.1(E)to add a comma between "Red-tailed" and "Ferruginous."
620 Amend 3.4.1(0)(2)-Proof of Compliance-to clarify that the developer has fully complied with applicable
County,State and Federal regulations.
621 Amend 5.1.2-Definition of"Composting Facility" -to remove the specific quantities related to volume or
weight of material on site,and exempt the term if conducted as an accessory use.
622 Amend 3.4.1(E)(2)c(6)to delete the adjective "passive" (and the parenthetical references) in describing
recreation that may be allowable as a limited disturbance within a buffer zone but retain sufficient review
criteria by use of the word "compatible."
623 Amend 2.3.2(H)(2)- O.D.P. standard- to add references to six additional zone districts that contain a required
minimum, maximum or a range of residential densities.
624 Amend 3.4.7(C)-Determination of Landmark Eligibility-housekeeping measure to bring the standard into
compliance with Chapter 14 of the City Code.
625 Amend 2.3.2(H)(3)-O.D.P. standard-to modify the requirement that O.D.P.'s must conform to the Compact
Urban Growth Standards as described in 3.7.2,and amend the reference in 3.7.2 accordingly.
Monday,November 24,2003 Page 2 of 2
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Land Use Code Maintenance Process
Annotated Issue List
573 Amend 3.3.2(D)(7)to give the City Engineer more latitude in the requirement that all utilities
be placed underground within or adjoining new development.
Problem Statement
The City Light and Power Utility has a very successful program for relocating all of its
power lines and facilities underground. However,existing telephone lines and other
facilities owned by non-City utility companies(i.e.,Qwest,etc.)are often left overhead in
the wake of the City's undergrounding efforts.
It is generally accepted that underground utilities are more reliable,less prone to service
interruptions, safer, and more cost-effective to maintain over the long term,than are
overhead utilities. Even so,encouraging Qwest and others to relocate underground with
L&P often does not produce the desired results. Qwest and other private utility providers
often cite budget constraints for their inability to accomplish the undergrounding of their
facilities in coordination with the City's program.
In addition,redevelopment and infill development projects are becoming more common,
and occasionally there are issues in getting the existing overhead utilities placed
underground in conjunction with these projects. Again,City-owned facilities are not the
problem. Other non-City utilities such as Qwest seem to have difficulty undergrounding
their existing overhead lines,even when there is a developer available to pay for a portion
of the work.
Proposed Solution Overview
Changes are suggested to both the Cityl Code and the Land Use Code that make it clear
that undergrounding of all utilities,both new and existing, is required in conjunction
with new development,the City's undergrounding program,the City's street maintenance
programs, and the owning utilities'upgrade programs.
Related Code Revisions
Ord.Section Code Cite Revision Effeet
10 3.3.2(D) Clarify City engineer's authority regarding utility
undergrounding.
595 Correct 3.2.4(C)-Lighting Levels-so that the maximum foot candles for under-canopy
fueling areas is described as a maximum,not a minimum.
Problem Statement
Lighting levels for under-canopy fuel areas were recently added to the Lighting Table.
While the other areas and activities described in the Table are regulated for a required
minimum,the under-canopy fuel areas were intended to be regulated up to an allowable
maximum. This distinction was inadvertently omitted and needs to be corrected to reflect
the original intent that light levels under fuel canopies not exceed a prescribed level.
Proposed Solution Overview
Amend the code to clarify listed values are maximums.
Related Code Revisions
Ord Section Code Cite Revision Effect
Monday,November 24,2003 Page I of 15
9 3.2.4(C) Amend the code to clarify listed values are maximums.
596 Add 'Small Scale Reception Center" as a permitted land use and identify the zones where
such use should be allowed and whether Type I or Type 2, and consider performance
standards.
Problem Statement
Staff has been approached by three different entities all requesting the appropriate
location for a Small Scale Reception Center. The Land Use Code presently does not
allow the use. This omission is unintentional. Back in 1997,Staff simply did not
envision such as use when placing certain land uses in the various zone districts.
All parties have emphasized that the primary appeal of a Small Scale Reception Center is
a non-commercial appearance in an attractive landscape setting. Thus, the entities are
seeking semi-pastoral properties that offer scenic backdrops for photography. Two such
properties have been identified by interested parties in the Growth Management Area
where the Structure Plan Map calls for Urban Estate.
Proposed Solution Overview
In order to facilitate the discussion on including Small Scale Reception Center in the
Land Use Code,the following definition and performance standards are provided.
Small Scale Reception Center—Definition
"Small scale reception center shall mean a place of assembly that may include a building
or structure containing a hall,auditorium or ballroom used for celebrations or gathering
(such as weddings or anniversaries). The building may also include meeting rooms and
facilities for serving food. Outdoor spaces such as lawns,plazas,gazebos,and/or
terraces used for social gatherings or ceremonies are a common component of the
center. The use shall not include sproting events or concerts."
Performance Standards for Reception Centers
In addition to the General Development Standards of Article Three and Zone District
Standards of Article Four,the following performance standards shall be met to ensure
that the facility can be functionally and aesthetically integrated into lower density
neighborhoods. Such standards shall be placed in Article Three,Section Eight as a
Supplemental Regulation.
1. Buffering
Where receptiont centers are located adjacent to single family residences appropriate
buffering shall be established between the two land uses sufficient to visually screen the
building,parking and associated outdoor activity. A combination such as setbacks,
landscaping,building placement,fences or walls and elevation changes and/or berming
may be utilized to achieve appropriate buffering.
2. Hours of Operation
Hours of operation shall be limited to 7:00 a.m.to 11:00 p.m. Sunday—Thursday and
7:00 a.m. to Midnight on Friday and Saturday.
3. Music
Amplified music played outdoors shall end at 10:00 pm Sunday thru Thursday and 11:00
Monday,November 24,2003 Page 2 of 15
pm on Friday and Saturday,but,in no case,shall this standard supercede the Noise
Ordinance as sated in the Nuisance Section of the City Code.
4. Parking
Parking lots shall be located and the number of spaces provided in such a way as to
mitigate the impacts normally associated with parking, such as noise and lighting,on the
surrounding neighborhood.
5. Size of Building
The total floor area of any new building(s)shall not exceed 15,000 square feet. New
buildings may include gathering areas as well as meeting rooms and facilities for serving
food. Pre-existing structures on the property(such as a house or barn)shall not be
included in the maximum square footage calculation,even though they may be utilized as
part of the center.
Zoning Recommendation
The key issue is whether or not to allow a Small Scale Reception Center in the Urban
Estate Zone District. Staff recommends inclusion into the commercial zones only.The
following zone districts are recommended:
D,Downtown -Type One—Section 4.12(B)(2)(Commercial—all sub districts).
C-C,Community Commercial—Type One—Section 4.14(B)(2)(c)25.
C-C-N,Community Commercial—North College—Type One—Section 4.15(B)(2)(c)23.
C-C-R,Community Commercial—Poudre River—Type Two—Section 4.16(B)(3)(c)5.
C,Commercial—Type One—Section 4.17(B)(2)(c)27.
C-N,Commercial—North College—Type One—Section 4.1 8(B)(2)(c)40.
Performance standards are not recommended in the commercial zone districts. Should
the Planning and Zoning Board decide to include a Small Scale Reception Center in any
residential zone district(s),then performance standards are recommended to be added to
Article Three as a Supplemental Regulation.
Related Code Revisions
Ord.Section Code Cite Revision Elect
29 4.12(B)(2) Add"Small Scale Reception Center"as a permitted land
use in the Downtown District (Commercial-all sub
districts)
32 4.14(13)(2)(c)25 Add"Small Scale Reception Center"as a permitted land
use in the Community Commercial District
33 4.15(B)(2)(c)23 Add"Small Scale Reception Center"as a permitted land
use in the Community Commercial-North College District
34 4.16(B)(3)(c)5 Add"Small Scale Reception Center"as a permitted land
use in the Community Commercial-Poudre River District
35 4.17(B)(2)(c)27 Add"Small Scale Reception Center'as a permitted land
use in the Commercial District
36 4.18(13)(2)(c)40 Add"Small Scale Reception Center"as a permitted land
use in the Commercial-North College District
Monday,November 24,2003 Page 3 of 15
47 5.1.2 Add a definition of"Small Scale reception Center'.
597 Consider adding a descriptive figure to 3.9.3(A)(B)(I-25 Standards)to illustrate commercial
building placement options outside of activity centers.
Problem Statement
The I-25 Standards were added to the Land Use Code in September of 2003. One
standard places a restriction on how much commercial building frontage is allowed to
face 1-25 based on the setback. There are two allowable building frontage maximums
based on two setbacks. This standard is easily explained with an illustration.
Proposed Solution Overview
Add an illustration to help explain Section 3.9.3(A)(B).
Related Code Revisions
Ord Section Code Cite Revision Effect
21 3.9.3(A)(B) Add an illustration to help explain Section 3.9.3(AXB).
598 Add "Adult Day/Respite Care" as a permitted land use and identify the zones where such use
should be allowed and whether Type I or Type 2. (For adults 18 -60 years of age.)
Problem Statement
The current definition of Elderly Day Care Center restricts services to persons over sixty
(60)years of age. And,the current definition of Child Care Center restricts services to
persons under the age of sixteen(16). This leaves a gap for day care services for those
between the ages of 16 and 60 years of age. There are a number of programs that provide
day care and respite services for this age group that were not identified at the time the
Land Use Code was written. Omitting this population from day care services was
inadvertent.
It has also been brought to out attention by service providers that there is a need for
infrequent overnight stay on an ad hoc basis to allow parents or family members(or other
non-related primary care providers)a brief respite. For this reason, short-term overnight
stay is needed but not on a regular basis.
Proposed Solution Overview
Modify the current definition of Elderly Day Care to Adult Day/Respite Care and allow
short term overnight stay as a subordinate function.
Related Code Revisions
Ord Section Code Cite Revision Effect
43 5.1.2 Modify the current definition of Elderly Day Care to Adult
Day/Respite Care.
599 Correct the placement of"Elderly Day Care Centers" in the Downtown zones so that it is
classified as commercial use. The use was incorrectly placed under Residential,Institutional,
Industrial and Accessory as well. And re-name based on Item 598.
Problem Statement
The Spring 2003 code change ordinance defined Elderly Day Care as a use and added it
to the permitted use lists of various zones. It was added to the Commercial category use
list in all the districts except in the Downtown district. Due to a clerical error,Elderly
Day Care(now known as Adult day/respite care per Issue#598 of this ordinance)was
listed as a permitted use under all of the use categories in the Downtown zone. For
instance,the use is listed under the Residential category,the Institutional category,the
Monday,November 24,2003 Page 4 of 15
Commercial category,the Industrial category,and the Accessory Use category.
Proposed Solution Overview
Elderly Day Care,like Child Care,is considered to be a commercial use. In order to be
consistent with all of the other zones,wherein Elderly Day Care(now known as Adult
day/respite care)was added to the list of commercial uses allowed, it is necessary to
amend the permitted use table in the Downtown district by deleting the use from Sections
4.12(13)(2)(A), (B),(D),and(E) of the use list and by changing the term to Adult
day/respite care in Section 4.12(B)(2)(C).
Related Code Revisions
Ord Section Cade Cite Revision Effect
26 4.12(B)(2) Amend the permitted use table in the Downtown district.
27 4.12(B)(2) Amend the permitted use table in the Downtown district.
28 4.12(B)(2) Amend the permitted use table in the Downtown district.
29 4.12(B)(2) Amend the permitted use table in the Downtown district.
30 4.12(B)(2) Amend the permitted use table in the Downtown district.
31 4.12(B)(2) Amend the permitted use table in the Downtown district.
600 Amend the definition of"off-street parking area" or"vehicular use area" so that internal
drives of mini-storage facilities are exempt from internal landscaping requirements.
Problem Statement
Off-street parking or vehicular use areas,as defined in Article 5,must be designed in
compliance with the parking lot design standards in Sections 3.2.1 and 3.2.2 of the LUC.
This means that such areas need to have perimeter landscaping and internal landscaping.
The internal landscaping generally must consist of landscape islands containing trees and
shrubs. The definition of"off-street parking area or vehicular use area"exempts RV
storage yards,long-term vehicle storage areas(junkyards and impound lots),and public
streets or rights-of-way from having to comply with parking lot design standards such as
internal landscape islands. Internal drives of mini-storage facilities should also be
exempted from such standards because it is not practical or safe to install internal
landscape islands in the drives. The function and site design of mini-storage facilities
dictates that internal drive lanes provide unobstructed movement for trucks,trailers,and
similar vehicles, as well as impromptu loading zones.
Proposed Solution Overview
The purpose of the parking design standards,as stated in Section 3.2.2(A), is"to ensure
that the parking and circulation aspects of all developments are well designed with regard
to safety,efficiency and convenience...". Therefore,in order to ensure that drive lanes
within mini-storage facilities do not contain internal landscape islands that hinder the
movement of vehicles within the site,the definition of`off-street parking area or
vehicular use area"in Article 5 should be amended as described below. The amendment
will exempt only the drive lanes within such a facility. Parking areas visible from
adjacent streets and properties will still need to comply with the applicable design
standards.
Related Code Revisions
Ord.Section Code Cite Revision Effect
44 5.1.2 Revise the definition of"off-street parking area'.
602 Amend 2.11.1(B)by adding a Basic Development Review decision to the list of
admininstrative decisions that can be appealed to Z.B.A.
Monday,November 24,2003 Page 5 of 15
Problem Statement
Not all development applications must be approved by either a Type 1 or Type 2 review
process. Some can be approved by a Basic Development Review(BDR)process. Staff
has recently discovered that there is no appeal process for a Basic Development Review
decision. The appeal remedies in the Code apply to such things as Type I's,Type 2's,
minor amendments,modification requests,variance requests,and certain administrative
decisions. Appeals of administrative decisions are made to the Zoning Board of Appeals
(ZBA),and then an appeal of a ZBA decision can be made to the City Council. Since the
consequences of a BDR decision to approve or deny a development can impact the
applicant and other property owners,there needs to be an appeal process available.
Proposed Solution Overview
A BDR decision to approve,approve with conditions,or deny a development plan is an
administrative decision. The purpose of Section 2.11 of the LUC is"...to provide for
appeals of certain administrative/city staff decisions to the Zoning Board of Appeals".
Therefore,staff recommends that the list of qualifying administrative decisions in
Section 2.11.1(B)be amended by adding a new subsection(11).
Related Code Revisions
Ord.Section Code Cite Revision Effect
7 2.11.1(B) Amend appeal of administrative decisions procedures to
include provisions for Basic Development Review decisions.
603 Amend the definition of"Site Specific Development Plan" so that the expiration provisions
would apply to Basic Development Review projects.
Problem Statement
The Land Use Code does not contain a provision pertaining to the expiration of
development plans approved subject to Basic Development Review. The Code does
contain expiration provisions that apply to the other types of development reviews(i.e.
PDP,Final Plan,Minor Amendment and other Site Specific Development Plans). Plan
approval expirations should also apply to projects approved pursuant to Basic
Development Review. Without such a provision, a Basic Development Review approval
would be valid forever.
Proposed Solution Overview
In order to subject Basic Development Review projects to the same plan expiration
regulation that applies to other types of developments, staff recommends that the
definition of"site specific development plan"in Article 5 be amended as shown below to
include Basic Development Review projects. This change would then allow the lapse
provisions of Section 2.2.11(D)Final Plan and Plat and Other Site Specific Development
Plans to apply.
Related Code Revisions
Ord.Section Code Cite Revision Effect
45 5.1.2 Amend the definition of"Site Specific Development Plan".
604 Consider adding "Personal and Business Service Shop" as a permitted use in the E zone,
without having to be in a Convenience Shopping Center.
Problem Statement
The E zone currently allows"Personal and business service shops"only if such a
business is located in a convenience shopping center. This means that such uses as dry
cleaners,mail shops(i.e.UPS),or copy shops(i.e.a Kinkos type of business)can not be
located within a building or development that is not a convenience shopping center. Yet
Monday,November 24,2003 Page 6 of 15
these types of businesses complement and support primary workplaces such as offices
and light industrial uses.
Proposed Solution Overview
Staff recommends that"Personal and business service uses"should be allowed in the E
zone as a Type 1,secondary use without having to be located in a convenience shopping
center. Therefore, Section 4.22(B)(2)(c)and Section 4.22(D)(2)should be amended by
adding a new subsection.
Related Code Revisions
Ord,Section Code Cite Revision Effect
37 4.22(B)(2)(c) Allows Personal and Business Service Shop as a permitted
primary use in the Employment zone.
38 4.22(D)(2) Allows Personal and Business Service Shop as a permitted
primary use in the Employment zone.
605 Add a new sub-section to Supplemental Regulation 3.8.25 to allow a conforming use to be
rebuilt if destroyed by natural catastrophe on par with a non-conforming use.
Problem Statement
Nonconforming buildings,buildings containing nonconforming uses,and buildings
containing existing limited permitted uses can all be reconstructed if damaged or
destroyed by an accidental cause or natural catastrophe per Sections 1.5.4 and 1.6.4 of the
LUC. Such reconstruction is allowed without any requirement that the new building or
parcel of ground on which the building is located needs to be in compliance with the
current standards. The buildings and property can be reconstructed to their previous
condition. However,the LUC does not contain clear language that allows conforming
buildings or buildings containing conforming uses to be reconstructed to their previous
condition if damaged or destroyed by similar causes. Certainly if buildings or uses that
are considered to be inappropriate in the zone in which they are located can be
reconstructed,then buildings containing desirable and permitted uses should be afforded
the same benefit.
Proposed Solution Overview
Staff recommends that a new sub-section be added to Section 3.8.25.
Related Code Revisions
Ord.Section Code Cite Revision Effect
19 3.8.25 Allow re-construction of conforming uses.
607 Consider amending the Sign Code Amortization provisions due to recent State legislation
regarding non-conforming uses.
Problem Statement
Recent State legislation(SB 251)prohibits the ability of local governments from enacting
or enforcing an ordinance that requires a legal,nonconforming use to be terminated or
eliminated by amortization. The Land Use Code employs the use of amortization as a
means of correcting nonconforming uses only with regards to signs. Specifically, Section
3.8.7(A)(3)(b)requires that an existing on-premise sign that was legal when the perunit
was issued for such sign,but that has become nonconforming because of subsequent code
amendments,must be brought into conformance within 15 years from the date of the code
amendment. Section 3.8.7(A)(3)(c)establishes a 5 year time period from the date of
annexation for signs that are nonconforming upon annexation.
The City Attorney believes that our sign compliance time periods do not technically
Monday,November 24,2003 Page 7 of 15
violate the State law since our regulation doesn't require that a nonconforming property
use be terminated or eliminated by amortization. Instead,our regulation requires the use
to come into compliance with our design,size and locational requirements.
Nonconforming signs need not be removed at the end of the time periods as long as they
have been brought into conformity with our Code.
Proposed Solution Overview
Even though it is believed that our nonconforming sign compliance provisions do not
violate State law, it is recommended that the word"amortization"be removed from
Sections 3.8.7(A)(3)(b)and 3.8.7(A)(3)(c)because the time periods in question are really
not"amortization"periods,since the term"amortization"refers to the gradual
extinguishing of a use. We are not requiring that such uses be extinguished from the
property,so"amortization"is not the appropriate word to use in the Code.
Related Code Revisions
Ord Section Code Cite Revision E,(fect
18 3.8.7(A)(3xb)&(c) Amend the Sign Code Amortization provisions.
609 Delete 4.24(D)(2)(a) -H-M-N Dimensional Standard-which requires a minimum 1.5 story
height for new structures or additions when such additions exceed 25%of the gross floor area.
Problem Statement
The HMN standards contain a provision that requires new structures to be a minimum of
1.5 stories. This height standard also applies to additions to all existing structures when
the addition exceeds 25%of the existing floor area. There are numerous detached,single-
family homes in the HMN zone. Most of these are one-story ranch homes. Any addition
to such a home must be a minimum of 1.5 stories in height,even if all the other homes in
the area are only 1 story. A 1.5 story addition would not be in keeping with the existing
character of the home and of other homes in the neighborhood. A homeowner was
recently granted a variance to this requirement by the Zoning Board of Appeals in order
to allow the proposed addition to be only 1 story in height. The discussion at the hearing
centered mainly on the belief that requiring a minimum 1.5 story addition to an existing
one-story,single-family home(in other words,requiring a homeowner to build an
addition larger than what was needed or desired)was a waste of resources and an unwise
regulation that should be amended.
The original purpose of the standard was related to the overall purpose of the zone district
to avoid a hodge-podge of small incremental increases in density on existing lots,in favor
of more significant redevelopment into student housing. However staffs position is that
it is so weak in that regard,that it is not worth keeping or revising. In any actual
redevelopment project,the minimum density of the zone accomplishes the main purpose
of the zone.
Proposed Solution Overview
Staff proposes to simply delete the standard on the grounds that it isn't effective in
accomplishing the purposes of the HMN zone.
Related Code Revisions
Ord Section Code Cite Revision Effect
39 4.24(D)(2)(a) Delete 1.5 story height requirement in the H-M-N zone.
610 Amend 4.9(B)(1)(b),Transition Zone,by making reference to the need to comply with
applicable standards.
Problem Statement
Monday,November 24,2003 Page 8 or 15
The specific district regulations in Article 4 set forth the permitted uses allowed in each
district,the type of review for each permitted use, and the land use and development
standards for development in each district. That is, such regulations are set forth for each
district except the Transition(T)District. The T district differs in that it is intended to
apply to properties for which there are no specific plans for development. Properties
usually get placed in this district when the property owner isn't sure what type of zoning
should be applied. Therefore,the only permitted uses are those existing at the date the
property was placed into the T district,and these uses become uses-by-right. They are not
Type 1 or Type 2 uses.
The T district regulations require that the Zoning Board of Appeals must consider any
request for the installation or enlargement of a structure that contains a use which was
existing at the time the property was placed in the T district. However,the regulations do
not contain any language that clarifies the standards that such construction must comply
with. For instance,it is possible that a brand new office building can be constructed in
the T district if there is already an office use on the property. But the regulations do not
give clear direction as to how the development application should be processed and what
standards should apply. Other sections of the Land Use Code,such as the section that
explains how additions to use-by-right buildings are to be processed(3.8.20),reference
the requirements found in Section 1.6.5 of the LUC.
Proposed Solution Overview
Staff has always processed T district projects per Section 1.6.5.In order to clarify that
this is how such projects should be reviewed, staff recommends that Section 4.9(B)(1)(b)
of the LUC be amended to remove any ambiguity and make it clear that T district
development be processed as a Basic Development Review and be subject to the
applicable standards of Articles 3 and 4 of the LUC.
Related Code Revisions
Ord.Section Code Coe Revision Elect
25 4.9(B)(1)(b) Clarify application of standards in the T-zone.
611 Amend the regulation in the N-C-L,N-C-M and N-C-B zones that prohibits second floor
overhangs for additions to also apply to overhangs for new construction.
Problem Statement
The NCL,NCM and NCB district regulations contain a building design standard that
prohibits a rooftop or second floor addition from having a cantilevered overhang that
extends beyond the lower front or side exterior walls. Such an overhang is allowed only
over a lower rear wall,where it is not visible from the street. The intent of the overhang
restriction is to maintain some level of compatibility with the historic architectural
character of older homes in these districts. However,the current wording of the standard
is such that it applies only to additions. This means that a brand new,2 story structure
could have a second story that overhangs the front and side walls as long as the second
story is constructed as part of the original building. The prohibition on overhangs should
apply regardless of whether the overhang is a part of a proposed addition to an existing
building or is a part of the design of a brand new building.
Proposed Solution Overview
In order to promote the purpose of the building design standards of the NCL,NCM,and
NCB zones,staff recommends that Sections 4.6(F)(1(d),4.7(F)(1)(d),and 4.8(E)(1)(d)
be amended.
Related Code Revisions
Ord.Section Code Cite Revision Eliect
Monday,November 24,2003 Page 9 of 15
22 4.6(F)(1) Refine the design standards of the NCLzone.
23 4.7(F)(1) Refine the design standards of the NCM zone.
24 4.8(E)(1) Refine the design standards of the NCB zone.
612 Clarify 3.5.4(C)(3)(a),Big Box Standards, so that entrances do not have to necessarily face
an arterial street so long as there are at least two other entrances, on at least two elevations
with one facing the street with the highest level of pedestrians.
Problem Statement
The wording in the standard has caused confusion about whether it necessarily requires
an entrance to face an abutting arterial street,and whether one of the two required
entrances may face a front parking field rather than directly facing a street in an
unobstructed way. As originally intended,the standard can be met with a typical
principal entrance facing a front parking field,and a second entrance facing a street,
whether it is an arterial or sub-arterial street. If it comes down to a choice of streets,the
second entrance should face the street with the highest level of pedestrian activity.
Proposed Solution Overview
Amend the code to provide for the original intent of the standard.
Related Code Revisions
Ord.Section Code Coe Revision Effect
16 3.5.4(C)(3)(a) Clarify"Big Box"entrance standards.
614 Add a new Supplemental Regulation (3.8.26)that proposed residential projects that adjoin an
existing industrial project provide a buffer yard to protect the industrial land use.
Problem Statement
The City does not have regulations protecting existing industrial land uses when adjoining
residential uses are introduced. Without such regulations in place, there is the potential
for viable industrial uses to be pressured to relocate.
Proposed Solution Overview
Adopt buffer yard standards to separate different land uses from each other in
Both the amount of land and the type and amount of planting specified from each buffer
yard are designed to ameliorate nuisances between land uses.
Related Code Revisions
Ord Section Code Cite Revision Effect
20 3.8.26 Add buffering standards.
40 5.1.2 Definition of Buffer Yard.
615 Amend 2.8.2 -Request for Modification of Standard-so that the review criteria is broadened
to include a wider range of standards and policies, and would allow a Modification to be
considered by the Hearing Officer.
Problem Statement
1. Broadening the Review Criteria
Numerous standards in Articles Three and Four are stated in absolute prescriptive
measurements. These standards must be precisely met. Any deviation from these
standards requires a Modification.
Presently,the Modification procedure is interpreted such that the justification must
Monday,November 24,2003 Page 10 of 15
include a finding that the plan as proposed"... will promote the general purpose of the
standard for which the Modification is requested equally well or better than would a plan
which complies with the standard for which a Modification is requested."
This procedure does not allow for a Modification to be evaluated based on promoting
other equally valid but broader City Plan principles,policies,or other general purposes
found throughout the Land Use Code. The proposed change would allow a Modification
to be analyzed and evaluated in a broader perspective than simply vis-a-vis the one
particular standard at issue.
2. Nominal or Inconsequential Divergence From Standard
There are times when a prescriptive standard is not met but the degree of divergence from
compliance is minimal. For example,where a standard requires a 20-foot setback,a 19-
foot setback may be proposed. As long as there remains sufficient landscaping within the
reduced setback area,there would appear to be no detriment to the public to allow a
reduced setback without having to seek a Modification.While this is but one example,
this degree of flexibility can be applied throughout the Land Use Code resulting in plans
having a better qualitative outcome even though a quantitative standard may not be
strictly met.
3. Allow Modifications as Part of an Administrative Review
A recent study regarding the City's Development Review process highlighted the
importance of creating more workable modification procedures.Many participants in the
study expressed that the present modification procedures are so lengthy that it defeats the
value of Modifications and can actually lead to inferior designs. One way to simplify and
shorten the modification process is to allow some modifications to be reviewed in
conjunction with an Administrative Review. By permitting a consolidated development
plan and modification request to be heard at the same time,there is significant time
savings for the applicant,yet the public has the opportunity to attend a public hearing and
comment, and the modification is still subject to the same review criteria.
Proposed Solution Overview
Revise code to reflect concepts outlined above.
Related Code Revisions
Ord.Section Code Coe Revision Effect
6 2.8.1 Revise Modification of Standards applicability provisions to
allow Hearing Officers to consider modifications.
6 2.8.2 Revise Modification of Standards procedures to allow
Hearing Officers to consider modifications,and broaden
the criteria by which a modification maybe granted.
616 Clarify the definition of"Development" by adding that work by public utilities that takes
place within public "easements" (in addition to rights-of-way) is also exempt from being
considered "development."
Problem Statement
The definition of the term"development" contained in Article 5 of the LUC includes
some exemptions,one of which exempts"work by any public utility for the purpose of
inspecting,repairing,renewing or constructing,on public rights-of-way,in any mains,
pipes,cables,utility tunnels,power lines,towers,poles,tracks . . . . (emphasis added).
The problem with this exemption is that most of the public utility facilities,such as the
City's electric power lines,water and sewer pipes,gas pipes,etc. are not technically
Monday,November 24,2003 Page I I of 15
located in the"right-of-way"but rather,are located in the"utility easement"which is
"behind"the right-of-way. Accordingly,under a purest and technical reading of the LUC,
the City electric utility(for example)could not repair a power line in the utility easement
without applying for approval under the LUC. This change would be in keeping with the
intent of the LUC when it was drafted and is considered a change in the nature of
correcting an oversight.
Proposed Solution Overview
Amend Section 5.1.2 of the LUC by changing the definition of"development" .
Related Code Revisions
Ord.Section Code Cite Revision Effect
42 5.1.2 Amend the definition of Development.
617 Amend 2.13.10 -Vested Rights Determination and cross-reference to 2.1.3(C)(1)to delete
the references to"Preliminary" Plans and replace it with"Project Development Plan" and
"Plat."
Problem Statement
Sections 2.1.3(C)and 2.2.11(C)make reference to the project development plan and
"preliminary" plat. Under the Land Use Code,the plat that is submitted with a project
development plan is preliminary only in the sense that it has not yet been executed. The
term"preliminary' therefore is somewhat misleading and,for purposes of clarification,it
is recommended that the term be deleted. Also, Section 2.13.10 of the Land Use Code
contains criteria for vested rights determinations and makes reference to"preliminary'
plans and plats. Under the Land Use Code we no longer approve"preliminary'plans.
We approve "project development plans"which include unsigned plats. Section 2.13.10
should be amended accordingly.
Proposed Solution Overview
Amend the Code as outlined above.
Related Code Revisions
Ord.Section Code Cite Revision Effect
1 2.1.3(C) Replace"Preliminary"with"Project Development Plan".
2 2.1.3(C)(1) Replace"Preliminary"with"Project Development Plan".
3 2.2.11(C) Replace"Preliminary"with"Project Development Plan".
8 2.13.10(E),(F)and Replace"Preliminary"with"Project Development Plan".
(G)
618 Add a new section-3.4.9-entitled"Health Risks" - intended to protect the public from the
risks associated with developing ground that may have dangerous chemicals,metals,or other
substances.
Problem Statement
Councilmember Hanunrick and Boardmember Schmidt have both raised the question as
to whether the City has any mechanism to protect the public against health hazards that
might be lurking in or on the site of a parcel of land proposed for development. An
example of such a potential health hazard would be a site which was once used to destroy
or bury animals with chronic wasting disease. Another example might be a site known to
have been used for the deposit or disposal of mercury,or uranium or a site that was used
for conducting research on dangerous microbes. Although the risk is probably greater
with a residential development and with a non residential one,both types of developments
ought to be protected against unreasonable risk.
Monday,November 24,2003 Page 12 of 15
The Land Use Code should be amended to give the staff and the Planning and Zoning
Board the authority to either inquire directly of the County Health Department of such
other agency as might be appropriate under the circumstances to ascertain whether a
health risk exists or in the alternative,to require the applicant to produce evidence as a
part of the application so that the decision maker can be reasonably satisfied that no
health risks exists. Therefore,I would recommend that Division 3.4 of the Land Use
Code be amended by the addition of a new Section 3.4.9 to be entitled"Health Risks" as
set out below.
Proposed Solution Overview
Amend Division 3.4 of the Land Use Code by the addition of a new section 3.4.9.
Related Code Revisions
Ord.Section Code Cite Revision Effect
15 3.4.9. Add Health Risks Division to the Code.
619 Amend the Table in 3.4.1(E)to add a comma between"Red-tailed" and"Ferruginous."
Problem Statement
The Table needs to be corrected to distinguish a Red-tailed Hawk from a Ferruginous
Hawk.
Proposed Solution Overview
Amend 3.4.1(E)to add a comma.
Related Code Revisions
Ord.Section Code Cite Revision Effect
12 3.4.1(E)(3) Amend the General Habitat buffer standards table in
3.4.1(E)
620 Amend 3.4.1(0)(2)-Proof of Compliance- to clarify that the developer has fully complied
with applicable County, State and Federal regulations.
Problem Statement
The City Attorneys Office has recommended strengthening this section which requires
developers to provide proof of compliance with the regulations of other jurisdictions. Or,
if such proof of compliance cannot be obtained,then the applicant shall provide sufficient
documentation that a due diligent effort was made to secure such proof and that the
proposed development will not interfere with environmental enforcement by the outside
jurisdiction or agency.
Proposed Solution Overview
Amend the Code to revise standards accordingly.
Related Code Revisions
Ord.Section Code Cite Revision Effect
14 3.4.1(0)(1K2) Clarify Code requirements regarding demonstration of
compliance with applicable County,Slate and Federal
standards.
621 Amend 5.1.2 -Definition of"Composting Facility" -to remove the specific quantities related
to volume or weight of material on site, and exempt the term if conducted as an accessory use.
Problem Statement
Monday,November 24,2003 Page 13 of 15
The quantities originally established were based on Stale permitting requirements. Since
adding Composting Facility to the Land Use Code,Staff has done further research and
has determined that defining composting facilities by size(either by volume or weight)is
not appropriate and drastically limits the opportunity for composting facilities to develop
in the Fort Collins region.
Proposed Solution Overview
Delete references to quantities of material form the definition of"Composting Facility".
Related Code Revisions
Ord.Section Code Cite Revision Effect
41 5.1.2 Revise the definition of Composing Facility.
622 Amend 3.4.1(E)(2)c(6)to delete the adjective "passive" (and the parenthetical references) in
describing recreation that may be allowable as a limited disturbance within a buffer zone but
retain sufficient review criteria by use of the word"compatible."
Problem Statement
Previously applicants have assumed that any form of passive recreation would be
allowed. This amendment cleans up the language so that it is clear that the features or
elements must be"compatible"recreational with the natural habitat or feature that is
being buffered. Removing the word"passive"and the parenthetical provides staff with
greater control to regulate any form of recreation and or park element to the individual
circumstance related to the environmental protection issue.
Proposed Solution Overview
Revise the code as outline above.
Related Code Revisions
Ord.Section Code Cite Revision Effect
11 3.4.1(E)(2)(c)(6) Clarify the permitted recreation with in the buffer zone.
623 Amend 2.3.2(H)(2) -O.D.P. standard- to add references to six additional zone districts that
contain a required minimum,maximum or a range of residential densities.
Problem Statement
This standard requires an O.D.P.to show consistency with the required residential density
requirements of the underlying zone district. The standard then lists only two districts(L-
M-N and M-M-N)when,in fact,there are eight zones that contain specific parameters
regarding minimum,maximum or a range of residential densities.
Proposed Solution Overview
Amend the Code to include references to additional zone districts with residential density
requirements.
Related Code Revisions
Ord.Section Code Cite Revision Effect
4 2.3.2(1-1)(2) Add additional references to zone districts.
624 Amend 3.4.7(C)-Determination of Landmark Eligibility-housekeeping measure to bring the
standard into compliance with Chapter 14 of the City Code.
Problem Statement
The Advance Planning Department is proposing a housekeeping change in order to bring
this section of the Land Use Code into compliance with Chapter 14 of the Municipal
Monday,November 24,2003 Page 14 of 15
Code. The chairman of the Landmark Preservation Commission still retains involvement
in the initial determination of individual eligibility with subsequent follow-up with the
entire Commission.
Proposed Solution Overview
Clarify Code provisions accordingly.
Related Code Revisions
Ord Section Code Cite Revision Effect
14 3.4.7(C) Clarify Code.
625 Amend 2.3.2(H)(3)-O.D.P. standard - to modify the requirement that O.D.P.'s must conform
to the Compact Urban Growth Standards as described in 3.7.2,and amend the reference in
3.7.2 accordingly.
Problem Statement
Section 2.3.2(H)(3)requires that ODP's are subject to the urban development contiguity
standards of Section 3.7.2 (A)(1)that"at least one-sixth(1/6)of the proposed
development's boundaries be contiguous to existing urban development within either the
city or unincorporated Latimer County within the Urban Growth(Management)Area".
Since an Overall Development Plan does not create a vested property right,it would be
illogical to prohibit their review, and potential approval,based on the urban contiguity
requirements. Creation of Overall Development Plans,even under those circumstances
where urban growth contiguity requirements cannot be met,should be encouraged. The
ODP addresses larger-scale development issues such as the location of critical natural
habitat,open lands of regional significance,floodplains and high hazard areas,
transportation connections to adjoining properties,and the arrangement of uses and
residential densities that create new neighborhoods and districts. Consideration of all of
these development issues,in advance of detailed plans,should be considered as way to
advance the City's objective of orderly growth.
Based on recent changes to City Plan,calling for a firm Urban Growth Management Area
boundary,the City appears to be adequately protected from leapfrog development and the
negative impacts of uncoordinated growth.
Proposed Solution Overview
Eliminate the review criterion that ODP's must comply with the requirements of this
section.
Related Code Revisions
Ord.Section Code Cite Revision Effect
5 2.3.2(H)(3) Exempt O.D.P's form Compact Development standards.
17 3.7.2(A)(1) Clarifies the cross reference to the O.D.P's
Monday,November 24,2003 Page 15 of 15
ORDINANCE NO. 173, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted 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 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, the staff of the City 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 Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That the title of Section 2.1.3(C) of the Land Use Code is hereby
amended to read as follows:
(C) Project Development Plan and PreA;n:3-Plat.
Section 2. That Section 2.1.3(C)(1) of the Land Use Code is hereby amended
to read as follows:
(1) Purpose and effect. The project development plan shall
contain a general description of the uses of land, the layout
of landscaping, circulation, architectural elevations and
buildings, and it shall include the project development plan
and pfehfainar�-plat (when such plat is required pursuant to
Section 3.3.1 of this Code). Approval of a project
development plan does not establish any vested right to
develop property in accordance with the plan.
Section 3. That the title of Section 2.2.11(C) of the Land Use Code is hereby
amended to read as follows:
(C) Project Development Plan and AvhminaP5,Plat.
Section 4. That Section 2.3.2(H)(2) of the Land Use Code is hereby amended
to read as follows:
(2) The overall development plan shall be consistent with the
required density range of residential uses (including lot
sizes and housing types) with regard to any land which is
part of the overall development plan and which is included
in the following districts:
(a) The Urban Estate District (U-E). See Section
4.1(D)(1),
(b) The Residential Foothills District (R-F). See
Section 4.2(D)(1),
(ac) The Low Density Mixed-Use Neighborhood
District (L-M-N). See Section 4.4(D),
(bd) The Medium Density Mixed-Use Neighborhood
District (M-M-N). See Section 4.5(D).
(e) The Community Commercial-North College
District (C-C-N). See Section 4.15(D)(1),
(f) The Harmony Corridor District (H-Q. See Section
4.21(D)(4),
(g) The Employment District (E). See Section
4.22(D)(5),
(h) The High Density Mixed-Use Neighborhood
District(H-M-N). See Section 4.24(D)(1).
Section 5. That Section 2.3.2(H)(3) of the Land Use Code is hereby deleted
and all subsequent subsections renumbered accordingly:
(3) The eves,l development w n eenfoi:ffi te4he
Standards a e ..,,a �
Y r c 3 �
Section 6. That Division 2.8.2(H) of the Land Use Code is hereby amended to
read as follows:
(H) Step 8 (Standards): Applicable, and the Planning and Zoning Board
may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public
good, and that:
2
(3) by reason of exceptional physical conditions or other extra-
ordinary and exceptional situations, unique to such
property, including, but not limited to, physical conditions
such as exceptional narrowness, shallowness or
topography, or physical conditions which hinder the
owner's ability to install a solar energy system, the strict
application of the standard sought to be modified would
result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of such
property, provided that such difficulties or hardship are not
caused by the act or omission of the applicant-.; or
(4) the plan as submitted will not diverge from the standards of
the Land Use Code that are authorized by this Division to
be modified except in a nominal, inconsequential way
when considered from the perspective of the entire
development plan, and will continue to advance the
purposes of the Land Use Code as contained in Section
1.2.2.
Any finding made under subparagraph (1), (2)aw--,(3) or (4) above
shall be supported by specific findings showing how the plan, as
submitted, meets the requirements and criteria of said
subparagraph (1), (2)-of, (3) or (4).
Section 7. That Section 2.11.1(B) of the Land Use Code is hereby amended
by the addition of a new subparagraph (11) which reads as follows:
(11) Decisions of the administrative staff to approve, approve
with conditions, or deny a development application for a
use subject to Basic Development Review based on its
compliance with the applicable standards of Article 3 and
Article 4 of this Land Use Code.
Section 8. That Section 2.13.10(E), (F) and (G) of the Land Use Code are
hereby amended to read as follows:
(E) any dedication of property made to public entities in accordance
with the approved overall development plan for the project or the
approved pfel, inar7 project development plan or plat for the
project;
(F) whether infrastructure improvements which have been installed
have been sized to accommodate uses approved in the approved
3
overall development plan or the approved prelir»i+aryprcject
development plan or plat for the project;
(G) the acreage of the approved overall development plan or the
approved preliFixaryprcject development plan or plat for the project
and the number of phases within the overall development plan or the
pre':::=__nafy—pl t e approved project development plan or plat and
their respective acreages which have received final approval;
Section 9. That Section 3.2.4(C) of the Land Use Code is hereby amended to
read as follows:
(C) Lighting Levels. With the exception of lighting for public streets,
all other project lighting used to illuminate buildings, parking lots,
walkways, plazas or the landscape, shall be evaluated during the
development review process. The following chart gives minimum
and, for under-canopy fueling areas, maximum lighting levels for
outdoor facilities used at night.
Area/Activity* Foot-candle
Building surrounds(nonresidential) 1.0
Bikeways along roadside
Commercial areas 0.9
Intermediate areas 0.6
Residential areas 0.2
Walkways along roadside
Commercial areas 0.9
Intermediate areas 0.6
Residential areas 0.5
Park walkways 0.5
Pedestrian stairways 0.3
Loading and unloading platforms 5.0
Parking areas 1.0
Playground 5.0
Under-canopy fueling area(average maintained 20.0
maximum)
Under-canopy fueling area(initial installation 26.0
maximum)
*Illuminating Engineering Society(IES)Lighting Handbook
Section 10. That Section 3.3.2(D)(7) of the Land Use Code is hereby amended
to read as follows:
4
(7) Utilities(including, without limitation, communications,
electric power, gas, water, sewer). Except as hereafter
provided, all new and-e4s6;,g-utility facilities needed to
ser-veon or adjoining the development shall be installed
underground, and, if located in a street or alley, shall be i-rt
ph,weinstalled, inspected and approved in accordance with
the permit required pursuant to Section 23-16 of the City
Code, prior to the completion of street or alley surfacing.
To the extent feasible, the undergrounding of utilities shall
be planned, coordinated and installed in an orderly fashion
from deepest to shallowest. Aboveground facilities
necessarily appurtenant to underground facilities shall be
permitted allowed, but shall be located outside of the
parkway area that is between the street and sidewalk where
detached sidewalks exist, and, in all circumstances, shall be
located at least two (2) feet behind the back of the
sidewalk, or if there is no sidewalk, behind the edge of the
pavement. Roadway lighting fixtures with their poles and
junction boxes, as well as traffic signals with their
controller cabinets, are exempt from this requirement. Any
aboveground facilities shall be located so as to not cause a
sight obstruction for vehicular, pedestrian or bicycle traffic.
Newe sting erhead .tility facilities that are _1__.'_
tran mission lifies above fafty inm I it I nofninal or- are
temperary in nature for the purpose of ser-N,ieing
eefistruetien or lands not developed to ur-ban qualifieatiei+s
shall he pefmitted. Existing ov
erhead wait. faeilit:es . _n
arIn addition, all existing overhead utilities
located on the development site, or adjoining the
development site in public rights-of-way or utility
easements, whether they serve the development or not,
shall be relocated underground when such relocation is an
incidental conversion associated with other public
improvements in conjunction with the development project.
Exceptions:
(a) New or existing overhead utility facilities
shall be allowed if they:
1. are electric transmission lines above
forty (40) kilovolts nominal, or
2. are temporary in nature for the
purpose of servicing construction or
5
lands not developed to urban
qualifications, or
3. are required to be installed on a
temporary basis while an
underground utility facility is being
repaired, or
4. are necessary to span natural barriers such as
canyons, rivers or boulder fields where an
underground installation would be extremely
impractical.
(b) Existing overhead utility facilities shall be
allowed if they:
(a)1. are capable of serving only territories
anticipated to be annexed to the city
in the future,, or
(b)2. traverse the periphery of the
development for a distance less than
four hundred (400) feet (and
provided that the developer has
installed conduit to accommodate
future undergrounding)--,, or
(s33. are distribution lines which will be
removed upon future development-.or
4. are electric distribution circuits of
utilities that do not provide electric
service to persons within the City.
Section 11. That Section 3.4.1(E)(2)(c)(6) of the Land Use Code is hereby
amended to read as follows:
6. construction or installation of passive
recreation features or public park elements
tables and similar items), provided that such
features or elements are compatible with the
ecological character or wildlife use of the
natural habitat or feature.
6
Section 12. That the table contained in Section 3.4.1(E)(3) of the Land Use
Code, under the subheading "Special Habitat Features/Resources of Special Concern" is
hereby amended to read as follows:
Red-tailed, #Ferruginous and Swainson's hawk 1,320 feet
nest sites
Section 13. That Section 3.4.1(0)(2) of the Land Use Code is hereby amended
to read as follows:
(2)
the Pireeter, that the development plan fully eemp1jes with
alb-applieable state and federal
wfi rental regulatiens Sash written-stateme
be provided to the Director Pf4ef
tc)
the seheduling of the
If the Director
obtains credible information regarding threatened or
pending regulatory enforcement action related to an
environmental condition of the property to be developed, or
an environmental impact related to the development plan,
then the Diretor may require the developer to provide to the
city written statements from such governmental agencies as
the Director may designate as having related jurisdiction
based on the nature of the threatened enforcement action or
environmental impact. Said statements shall verify that the
development plan fully complies with environmental
regulations within the jurisdiction of the writing agency. If
the developer, after a diligent effort is unable to obtain such
written verifications, from one (1) of more of the
designated agencies, the developer shall at least provide to
the city a written verification from said agency that the
city's approval of the development plan will not interfere
with a threatened or pending environmental enforcement
action of said agency. All required written statements shall
be provided to the Director prior to the scheduling of the
hearing for the project development plan.
Section 14. That Section 3.4.7(C) of the Land Use Code is hereby amended to
read as follows:
(C) Determination of Landmark Eligibility. The determination of
individual eligibility for local landmark designation will be made
by the Landmark Preservation Commission af4er reyieMn- �L-
eenstfuetion date (or age of site er object) and phategmph&-ef4he
in accordance
with the applicable provisions of Chapter 14 of the City Code. A
site, structure or object may be determined to be individually
eligible for local landmark designation if it meets one (1) or more
of the criteria as described in Section 14-5, "Standards for
Designation of Sites, Structures, Objects and Districts For
Preservation" of the City Code. If a property is determined to be
eligible for designation, the applicant will provide a completed
Colorado Cultural Resource Survey Architectural Inventory Form
for the property. (Forms are available from the Community
Planning and Environmental Services Department.)
The determination of individual eligibility for the National or State
Register of Historic Places shall be according to the processes and
procedures of the Colorado Historical Society.
Section 15. That Division 3.4 of the Land Use Code is hereby amended by the
addition of a new Section 3.4.9 which reads in its entirety as follows:
3.4.9. Health Risks
(A) Purpose. This section is intended to protect the occupants
of and visitors to the site following development from
health risks that may be presented by the existence of
dangerous chemicals, metals, or other substances,
microorganisms, germs, bacteria or viruses, which pose a
health risk to the potential occupants of and/or visitors to
the development site if permitted to develop.
(B) General Standard. If, because of credible evidence in the
possession of the city or the applicant, whether written or
otherwise, there is a reasonable suspicion or belief that the
development site contains dangerous chemicals, metals, or
other substances, microorganisms, germs, bacteria or
viruses, which pose a health risk to the potential occupants
of and/or visitors to the development site if permitted to
develop, then the applicant shall either take such actions as
are necessary to satisfy the decision maker that such health
risks have been reasonably mitigated, or shall demonstrate
to the decision maker by presentation of written statements
from either the Latimer County Health Department or from
8
specialists appropriate in education and training to examine
the risks, showing that the suspicion of danger and health
risk is scientifically unfounded and that actual, reasonable
risk is unlikely.
Section 16. That Section 3.5.4(C)(3)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Entrances. All sides f a large it bli t
that—d' 7 faeo an abutting .. bl' street shall
feature at least one (1) eustafner At least
two (2) sides of a large retail establishment shall
feature customer entrances. The two (2) required
sides shall be those planned to have the highest
level of public pedestrian activity, and one (1) of the
sides shall be that which most directly faces a street
with pedestrian access. The other of the two (2)
sides may face a second street with pedestrian
access, and/or a main parking lot area. All
entrances shall be architecturally prominent and
clearly visible from the abutting public street.
Whe..,, a large retail establ:shore.. d• I c
aees
mare than tw 2) abutting ublie.. this
t shall-apply.J. Only
to twe h_(2) ides or .
building, ineluding the 'de of the t_u d:. far ries
the primary street, and another side of the building
€aeing a seeend street. (See Figure 14.) Movie
theaters are exempt from this requirement.
Section 17. That Section 3.7.2(A(1) of the Land Use Code is hereby amended
to read as follows:
(1) Degree of Contiguity. At least one-sixth (1/6) of the
proposed development's boundaries must be contiguous to
existing urban development within either the city or
unincorporated Latimer County within the Urban Growth
Management Area. if the de..elep phase of anQN,er-all Development Plan which eefnpjj@s ,N,ith the
eentiguity requirement of this Seetian, and if all portion6-ef
the phase are within one half (;4) mile of e?jisting tifban
deN,elopment, then the Elevelopment phase need Fiat oaffip�y
with .,rich Fequir-effient. For purposes of this Section,
contiguity shall not be affected by the existence of a platted
street or alley, a public or private right-of-way, a public or
private transportation right-of-way or area, publicly owned
open space, or a lake, reservoir, stream or other natural or
9
artificial waterway between the proposed development and
existing urban development.
Section 18. That Section 3.8.7(A)(3)(b) and (c) of the Land Use Code are
hereby amended to read as follows:
(b) Existing on-premise signs for which a sign permit
was issued pursuant to the previous provisions of
this Code, and which have become nonconforming
because of subsequent amendments to this Code,
shall be brought into conformance with the
provisions of this Section within fifteen (15) years
from the date of the amendment which caused the
nonconformity; provided, however, that during said
fifteen-year period-ef-�i , such signs shall
be maintained in good condition and no such sign
shall be:
(c) Except as provided in subsection (d) below, all
existing nonconforming signs located on property
annexed to the city shall be removed or made to
conform to the provisions of this Article no later
than five (5) years after the effective date of such
annexation; provided, however, that during said
five-yearame4ii.-a6ien period, such signs shall be
maintained in good condition and shall be subject to
the same limitations contained in subparagraph
(b)(1) through (b)(6) above. This subsection shall
not apply to off-premise signs which are within the
ambit of the just compensation provisions of the
Federal Highway Beautification Act and the
Colorado Outdoor Advertising Act.
Section 19. That Section 3.8.25 of the Land Use Code is hereby amended to
read as follows:
3.8.25 Abandonment t o d N D •tt a U Permitted Uses:
Abandonment Period/Bestruction of Permitted Use.
(A) If, after June 25, 1999 (the effective date of the ordinance
adopting this Section), active operations are not carried on
in a permitted use during a period of twelve (12)
consecutive months, the building, other structure or tract of
land where such permitted use previously existed shall
thereafter be re-occupied and used only after the building
10
or other structure, as well as the tract of land upon which
such building or other structure is located, have, to the
extent reasonably feasible, been brought into compliance
with the applicable general development standards
contained in Article 3 and the applicable district standards
contained in Article 4 of this Land Use Code. This
requirement shall not apply to any permitted use conducted
in a building that was less than ten (10) years old at the
time that active operations ceased. Intent to resume active
operations shall not affect the foregoing.
(B) A building or structure containing a permitted use which
has been damaged by fire or other accidental cause or
natural catastrophe may be reconstructed to its previous
condition provided such work is started within six (6)
months of the date of the occurrence of such damage. In
the event such work is started later than six (6) months
from the date of the occurrence, then the building or
structure may be reconstructed, provided that to the extent
reasonably feasible, such reconstruction complies with the
applicable standards of Article 3 and Article 4 of this Land
Use Code.
Section 20. That Section 3.8 of the Land Use Code is hereby amended by the
addition of a new Section 3.8.26 which reads in its entirety as follows:
3.8.26 Residential Buffering
(A) Applicability. These standards apply only to applications for residential
development.
(B) Purpose. The purpose of this Section is to provide standards to separate
residential land uses from existing industrial uses, in order to eliminate or
minimize potential nuisances such as dirt, litter, noise, glare of lights, and
unsightly buildings or parking areas, or to provide spacing to reduce
adverse impacts of noise, odor, or danger from fires or explosions.
(C) Buffer standards. Buffer yards shall be located on the outer perimeter of
a lot or parcel and may be required along all property lines for buffering
purposes and shall meet the standards as provided in this section.
(1) Only those structures used for buffering and/or screening purposes
shall be located within a buffer yard. The buffer yard shall not
include any paved area, except for pedestrian sidewalks or paths or
vehicular access drives which may intersect the buffer yard at a
point which is perpendicular to the buffer yard and which shall be
the minimum width necessary to provide vehicular or pedestrian
access. Fencing and/or walls used for buffer yard purposes shall
be solid, with at least seventy-five percent (75%) opacity.
(2) There are three (3) types of buffer yards which are established
according to land use intensity as described in Chart 1 below.
Buffer yard distances are established in Chart 2 below and specify
deciduous or coniferous plants required per one hundred (100)
linear feet along the affected property line, on an average basis.
(3) The Buffer yard requirements shall not apply to temporary or
seasonal uses or to properties which are separated by a major
collector street, arterial street, or highway.
Chart 1
LAND USE INTENSITY CATEGORIES
Land Use Intensity Category Buffer yard
Airports/airstrips Very High C
Composting facilities High B
Dry cleaning plants Very High C
Feedlots Very High C
Heavy industrial uses Very High C
Light industrial uses High B
Junkyards High B
Outdoor storage facilities High B
Recreation vehicle, boat, truck Medium A
storage
Recycling facilities High B
Agricultural research laboratories High B
Resource extraction Very High C
Transportation terminals (truck, High B
container storage)
Warehouse & distribution facilities High B
Workshops and custom small Medium A
industry
12
Chart 2
BUFFER YARD TYPES
Type—Base Standard (plants Option: Plant Option: Option: Add 3'
per 100 linear feet along Width Multiplier Add 6' Berm or 6'
affected property line)* ** Wall Fence
Buffer Yard A: 15 feet 1.00 .65 .80
20 feet .90
3 Shade Trees 25 feet .80
2 Ornamental Trees or Type 2 30 feet .70
Shrubs*** 35 feet .60
3 Evergreen Trees 40 feet .50
15 Shrubs (33% Type 1, 67%
Type 2)
Buffer Yard B:
15 feet 1.25 .75 .85
4 Shade Trees 20 feet 1.00
4 Ornamental Trees or Type 2 25 feet .90
Shrubs*** 30 feet .80
3 Evergreen Trees 35 feet .70
25 Shrubs (Type 2) 40 feet .60
45 feet .50
Buffer Yard C:
20 feet 1.25 .75 .85
5 Shade Trees 25 feet 1.00
6 Ornamental Trees or Type 2 30 feet .90
Shrubs*** 35 feet .80
4 Evergreen Trees 40 feet .70
30 Shrubs (Type 2) 45 feet .60
50 feet .50
*"Base standard" for each type of buffer yard is that width which has a plant multiplier.
**"Plant multipliers" are used to increase or decrease the amount of required plants based
on providing a buffer yard of reduced or greater width or by the addition of a wall, berm,
or fence.
***Shrub types: Type 1: 4'-8' High Type 2: Over 8' High
13
Section 21. That Section 3.9.3 of the Land Use Code is hereby amended by the
addition of an illustration to help explains subsection (A) and (B), which illustration is
below:
14
0)fu
U c-
.� "a
O
a-J C
"O N w o
C N ui
U C
•N � N O-
� � O
W -�e N O
U
(u U 4—
.(0 -0 O
V) o
Ln
a6-J
_ E
U y--
4-J O
L c6
:3 a-J
0E
4
� 0)
O — O-
ca
_O C E ate' a
•X pl W
a
w o E .�
N
Section 22. That Section 4.6(F)(1)(d) of the Land Use Code is hereby amended
to read as follows:
(d) A reeftep-er-second floor addition shall not
overhang the lower front or side exterior walls of a
new or existing building.
Section 23. That Section 4.7(F)(1)(d) of the Land Use Code is hereby amended
to read as follows:
(d) A rea tep—er second floor addition shall not
overhang the lower front or side exterior walls of a
new or existing building.
Section 24. That Section 4.8.(E)(1)(d) of the Land Use Code is hereby
amended to read as follows:
(d) A raeAep or second floor addition shall not
overhang the lower front or side exterior walls of a
new or existing building.
Section 25. That Section 4.9(B)(1)(b) of the Land Use Code is hereby
amended to read as follows:
(b) After the property has been placed in the T District,
the Zoning Board of Appeals may grant a variance
in accordance with Division 2.10 permitting
installation or enlargement of a permanent structure
containing a use which was existing at the time the
property was placed in this District, or containing a
use which is ancillary to such existing use. When
applying the standards of subsection 2.10.2(H),
subsection 2.10.2(H)(2) shall not apply. Any
proposal for the installation or enlargement of such
a structure for which a variance has been approved
must comply with the requirements contained in
Section 1.6.5 and the applicable general
development standards contained in Article 3.
Section 26. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of "Elderly day care centers" under Section A.
Residential as follows:
T3'fle--�
16
Section 27. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of"Elderly day care centers" under Section B.
Institutional/Civic/Public as follows:
Typ 1 1 Type4
Section 28. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of "Elderly day care centers" and the addition of
"Adult day/respite care center" under Section C. Commercial/Retail as follows:
niae ��
eentersAdult day/respite care
center Type I Type 1 Type 1
Section 29. That the table contained in Section 4.12(B)(2) C. of the Land Use
Code is hereby amended by the addition of a new land use "Small scale events center'
which reads in its entirety as follows:
Small scale reception center Type 1 Type 1 Type 1
Section 30. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of 'Elderly day care centers" under Section D.
Industrial as follows:
TYi Typ&-1 Type 1
Section 31. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of'Elderly day care centers" under Section E.
Accessory-Misc. as follows:
VWPoFl. dB.,PAFP, Type4 T-ype-1
Typo-1
Section 32. That Section 4.14(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 25 which reads in its entirety as follows:
25. Small scale reception center.
Section 33. That Section 4.15(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 23 which reads in its entirety as follows:
23. Small scale reception center.
Section 34. That Section 4.16(B)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 5 which reads in its entirety as follows:
17
5. Small scale reception center.
Section 35. That Section 4.17(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 26 which reads in its entirety as follows:
27. Small scale reception center.
Section 36. That Section 4.18(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 40 which reads in its entirety as follows:
40. Small scale reception center.
Section 37. That Section 4.22(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 12. which reads in its entirety as follows:
12. Personal and business service shops.
Section 38. That Section 4.22(D)(2) of the Land Use Code is hereby amended
by the addition of a new subparagraph (x) which reads in its entirety as follows:
(x) Personal and business service shops.
Section 39. That Section 4.24(D)(2)(a) of the Land Use Code is hereby deleted
in its entirety and all subsequent subparagraphs be renumbered accordingly.
(a) Minimufn height
additions to existing h sueh adElitions
struetures, shall be one and-
a
one half/11/_\ st,.«:
Section 40. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "buffer yard" which reads as follows:
Buffer yard shall mean that area intended to provide separation between
adjoining residential and industrial uses.
Section 41. That the definition "Composting facility" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
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 stieh faeility has en site at any
18
giNen kme fnefe than ene thousand (1,000) eubie yards ar three hundred
(300) dry t0fts Ofaetive stir matefial or fee4s4oekthe term
composting facility shall not include composting as an accessory use.
Section 42. That the definition "development" (subpart [B][2]) contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
(2) work by any public utility for the purpose of inspecting, repairing,
renewing or constructing, on public easements or rights-of-way,
any mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks or the like; provided, however, that this exemption shall not
include work by a public utility in constructing or enlarging mass
transit or railroad depots or terminals or any similar traffic-
generating activity;
Section 43. That the definition "Elderly day care center"contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
ElMyAdult day/respite care center shall mean a nonresidential facility providing
for the care, supervision, protection and social activities of persons over sixty
(69)sixteen (16) years of age during normal daytime working hours but net
providing residential, might oft , `aur " and allowing overnight
stay on a short-term basis as a subordinate function.
Section 44. That the definition "Off-street parking area or vehicular use area"
contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Off-street parking area or vehicular use area shall mean all off-street areas and
spaces designed, used, required or intended to be used for the parking, storage,
maintenance, service, repair, display or operation of, motor vehicles, including
driveways or accessways in and to such areas, but not including: (1) any outdoor
storage area used principally as "recreational vehicle, boat or truck storage" use;
(2) any parking area that is primarily used for long-term storage of vehicles that
more closely resembles an outdoor storage area than it does a parking lot (such as
impound lots, junkyards or other similar uses); or (3) any internal drive land
located in an enclosed mini-storage facility; or (4) any public street or right-of-
way.
Section 45. That the definition "site specific development plan"contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Site specific development plan shall mean and be limited to a final plan as
approved pursuant to this Land Use Code, including a plan approved purusant to
basic development review; or, under prior law in effect on the day before the
effective date of this Land Use Code, any of the following: the final plan, as
approved pursuant to §29-526; the final subdivision plat, as approved pursuant to
19
§29-643; a minor subdivision plat, as approved pursuant to §29-644; final site
plans in the R-M District, as provided pursuant to § 29-179; final site plans in the
R-H District, as provided pursuant to §§29-205 and 29-206; cluster development
plans as provided pursuant to §29-116; site plans in the I-L and I-P Districts, as
provided pursuant to §29-372; site plans in the R-C District, as provided pursuant
to §29-419; nonconforming use review, as provided pursuant to Chapter 29,
Article III, Division 6; and group home review, as provided pursuant to §29-475.
In addition, a site specific development plan shall mean a final plan or plat that
was approved by Larimer County for property which, at the time of approval, was
located in the county but has been subsequently annexed into the city. All
references to districts or sections herein pertain to the law in effect on the day
before the effective date of this Land Use Code and which is repealed by the
adoption of this Land Use Code.
Section 46. That Section 5.2.1 of the Land Use Code is hereby amended by the
addition of a new definition "Small scale reception center" which reads in its entirety as
follows:
Small scale reception center shall mean a place of assembly that may include a
building or structure containing a hall, auditorium or ballroom used for
celebrations or gathering (such as weddings or anniversaries). The building or
structure may also include meeting rooms and facilities for serving food. Outdoor
spaces such as lawns, plazas, gazebos, and/or terraces used for social gatherings
or ceremonies are a common component of the center. A small scale reception
center shall not include sporting events or concerts.
Introduced and considered favorably on first reading and ordered published this
2nd day of December, A.D. 2003, and to be presented for final passage on the 16th day of
December, A.D. 2003.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading this 16th day of December, A.D. 2003.
Mayor
ATTEST:
City Clerk
20
a
ITEM NO. q
MEETING DATE 11/20/03
STAFF Ted Shepard
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Fall 2003 Biannual Revisions, Clarifications and Additions to the
Land Use Code
APPLICANT: City of Fort Collins
PROJECT DESCRIPTION:
This is a request for a Recommendation to City Council regarding the biannual update
to the Land Use Code. There are proposed revisions, clarifications and additions to the
Code that address a variety of subject areas that have arisen since the last update in
June of 2003.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
There are 29 proposed changes, clarifications or additions to the Land Use Code.
• Article One — Organization —zero change;
• Article Two —Administration —five changes;
• Article Three - General Development Standards - 12 changes;
• Article Four— Districts —six changes;
• Article Five - Terms and Definitions —six changes.
A full description of each proposed change is contained in the attachment. This memo
contains a discussion of the proposed change to add a Small Scale Events Center as a
newly defined use in Article Five and recommendation for inclusion into the appropriate
commercial zone districts. If the Planning and Zoning Board deems a Small Scale
Events Center appropriate for residential zone districts, then performance standards are
recommended. Such performance standards would then be added as a Supplemental
Regulation in Article Three.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. PO.Box 580 Fort Collins,CO 80522-0580 (970)221-6750
PLANNING DEPARTMENT
Fall 2003 Land Use Code Revisions, Clarifications, and Additions
November 20, 2003 P & Z Meeting
Page 2
COMMENTS:
1. Small Scale Events Center:
Item 596:
Add "Small Scale Events Center" as a permitted land use, and identify the zones
where such use should be allowed and a whether Type One (Administrative
review) or Type Two (Planning and Zoning Board review), and consider
performance standards.
A. Background
This proposed change merits further discussion. By way of background, Staff has been
approached by three different entities all requesting the appropriate location for a Small
Scale Events Center. The Land Use Code presently does not allow the use. This
omission is unintentional. Back in 1997, Staff simply did not envision such as use when
placing certain land uses in the various zone districts.
All parties have emphasized that the primary appeal of a Small Scale Events Center is a
non-commercial appearance in an attractive landscape setting. Thus, the entities are
seeking semi-pastoral properties that offer scenic backdrops for photography. Two
such properties have been identified by interested parties in the Growth Management
Area where the Structure Plan Map calls for Urban Estate.
B. Definition
In order to facilitate the discussion on including Small Scale Events Center in the Land
Use Code, the following definition and performance standards are provided.
"Small scale event center shall mean a place of assembly that may include a
building or structure containing a hall, auditorium or ballroom used for
celebrations or gathering (such as weddings or anniversaries). The building or
structure may also include meeting rooms and facilities for serving food. Outdoor
spaces such as lawns, plazas, gazebos, and/or terraces used for social
gatherings or ceremonies are a common component of the center."
C. Performance Standards for Event Centers
The petitioners for this new land use are seeking its inclusion into the Urban Estate
zone district. If the Planning and Zoning Board deems this appropriate, then
Fall 2003 Land Use Code Revisions, Clarifications, and Additions
November 20, 2003 P & Z Meeting
Page 3
performance standards are recommended. If the Board finds that only commercial
zoning is appropriate, then performance standards are not necessary.
In addition to the General Development Standards of Article Three and Zone District
Standards of Article Four, the following performance standards shall be met to ensure
that the facility can be functionally and aesthetically integrated into lower density
neighborhoods.
1. Buffering
Where event centers are located adjacent to single family residences appropriate
buffering shall be established between the two land uses sufficient to visually
screen the building, parking and associated outdoor activity. A combination such
as setbacks, landscaping, building placement, fences or walls and elevation
a changes and/or berming may be utilized to achieve appropriate buffering.
2. Hours of Operation
Hours of operation shall be limited to 7:00 a.m. to 11:00 p.m. Sunday—Thursday
and 7:00 a.m. to Midnight on Friday and Saturday.
3. Music
Amplified music played outdoors shall end at 10:00 p.m. Sunday through
Thursday and 11:00 p.m. on Friday and Saturday, but, in no case, shall this
standard supercede the Noise Ordinance as stated in the Nuisance Section of
the City Code.
4. Parking
Parking lots shall be located and the number of spaces provided in such a way
as to mitigate the impacts normally associated with parking, such as noise and
lighting, on the surrounding neighborhood.
5. Size of Building
The total floor area on any new building(s) shall not exceed 15,000 square feet.
New buildings may include gathering areas as well as meeting rooms and
facilities for serving food. Pre-existing structures on the property (such as a
house or barn) shall not be included in the maximum square footage calculation,
even though they may be utilized as part of the center.
Fall 2003 Land Use Code Revisions, Clarifications, and Additions
November 20, 2003 P & Z Meeting
Page 4
D. Zoning
The key issue is whether or not to allow a Small Scale Events Center in the Urban
Estate Zone District. The other zone districts are commercially oriented. At this time,
Staff recommends inclusion into the following zone districts:
D, Downtown - Type One — Section 4.12(B)(2) (Commercial — all sub districts).
C-C, Community Commercial —Type One— Section 4.14(B)(2)(c) 25.
C-C-N, Community Commercial — North College — Type One — Section 4.15(B)(2)(c) 23.
C-C-R, Community Commercial — Poudre River—Type Two — Section 4.16(B)(3)(c) 5.
C, Commercial —Type One — Section 4.17(8)(2)(c) 27.
CA Commercial — North College —Type One— Section 4.18(B)(2)(c) 40.
E. Discussion
Staff has met with the two petitioners on numerous occasions. In addition, Staff has
had the benefit of meeting with City Council in a study session format to discuss the Fall
2003 Code changes in general and Small Scale Event Centers in particular. Finally,
Staff has met internally to thoroughly discuss the issue.
The result of these discussions is that there is a general concern that the potential
impact from noise would cause a Small Scale Events Center to be incompatible with
residential zone districts.
RECOMMENDATION
Based on these discussions, Staff recommends the following:
• Small Scale Events Center should be defined and added to Article Five.
• There is a concern that the impacts associated with noise, particularly outdoor
amplified music, is not appropriate for residential zone districts.
• The use is considered commercial and should be added to the appropriate
commercial zone districts as identified above.
Fall 2003 Land Use Code Revisions, Clarifications, and Additions
November 20, 2003 P & Z Meeting
Page 5
• Performance standards are not necessary in the commercial zones.
• Should the Planning and Zoning Board find that a Small Scale Events Center is
appropriate in a residential zone district(s), then the Performance Standards
should be added to the Land Use Code as a Supplemental Regulation in Article
Three.
Date: November 4, 2003
To: Ted Shepard (Advanced City Planning)
From: Julie Baker, Wendi Meyer, and Linda Ripley w/Vaught Frye Consultants
RE: Request for information and pictures regarding event centers
The following packet contains pictures and details of event centers available to Northern
Colorado and Denver clientele. The closest comparable to the potential event center we
will build in Fort Collins is Lionsgate Center.
Included in this packet are many pictures of event centers from across the Front Range,
all the way from Ft. Collins with"The Cottonwood Club"to Louisville with"Karen's in
the Country." Note that in one of the pictures of"Lionsgate Center" in Lafayette, it is
apparent how close the nearby town homes sit to their event grounds and buildings.
Also included in the packet are times that each facility is open. Most end at 11-12 p.m.,
but allow for additional hours to be purchased if needed.
Please call if you need any more information regarding these facilities.
Thank you for taking time to evaluate this type of business in various zoning districts.
RECEIN ED
N 2003
CV�R�NT PU,!AN1N
Welcome to Lionsgate Center-Dove House &Gatehouse: Historic properties in Colored... Page 1 of 2
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Click above to enter our site:
1055 South Highway 287•Lafayette,CO 90026-9044
303-665-6525
Toll Free: 1-877-333-GATE(4283)
Fax:303-665-3227-24 Hour. 303-9034997 or 303-510-8601
E-Mail:office(d ionsgateCenter corn
O O
http://www.lionsptecenter.com/ I M2103
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®2002 Homestore.com.All Rights Reserved.
http://media.homestore.com/AYV8UMCX-lL.htm 11/2/03
ILionsgate Center: 2001 Base Rates J Page 1 of 3
Base
Base fee include private use of the house, grounds, site manager,
tables, chairs, linens, tableware package, centerpieces, TV &VCR,
customized set-up and unlimited event planning assistance. (For
added option packages, see schedule of charges in linked pages.)
2003-4 Base Rates
Day of Event Gatehouse Dove House
(up to 150 guests) (up to 100 guests)
Monday-Thursday $1900 $1100
Friday Evening* $3500 $2500
Saturday Afternoon $2500 $1700
Saturday Evening $4700 $3300
Sunday Afternoon $2500 $1700
Sunday Evening $2700 $1900
What's Included
Up rades & Packages
Other Charges
Booking
Event Schedule Event Schedule
Afternoon Gatehouse Dove House Evening Gatehouse Dove House
Setup Eam-10pm 9am-l lam Setup 4pm-6pm Spm-7pm
Event loam-2pm I I=-3pm Event' 6pm-10pm 7pm-I Ipm 6ve.K t I3 "I -S &F �r_j^a{ t;n
Load-Out 2pm-3pm 3pm-4pm Load-Out Wpm-I Ipm I Ipm-12am _
(Added event hours after 2/3 pm are (Additional event hours after 10/11 PM
available if no other event is scheduled). are available without prior notice).
Wedding Ceremony Fee
(when booking the wedding reception in addition to the reception)
http://www.lionsgatecenter.com/rates.html 11/2/03
The Chateaux I fees for 2002J Page 1 of 2
Grand Hall/Mezzanine Fee Schedule 2004
The C`hafeaa[rb daigixd oral bmh is 1"',m gnacloualy broo mot?of 5o to 35o%cowd parr t*,i rn 3lgcawkYtl ay1C}.
The Grano Hall fuum s over 6000A too of cs:m%pact,with a tin mane,wrought Cron ctainaee kWmgm the ISmhq,fiva rrtn aomr..
Facility Fuse Includes:*Free unlimited event planning assistance•-Ilse exclmovc use of our facility,grounds&pa
-Evart manager o n site-Customized room set up*Base linens using Wsq Iinen on 5'rcund guest tables Carats 6-to
floor length lincas on up tog auxiliary tables(in to cnitayi•Place Setting Plcg cihnnc:plate,demon plan,:torts A knirel
-indoor Stay padded banquet chain `Luxurious bride and gmom's changing rooms*The flexibility to chosnc your
licensed,insured caterer,and other vendors*Provide vour own alcohol•Large Screen TV•13ackrcrund Music
`Spectacular photo opportunities!
Peak Ataptbs Off-Peak Atonal
A1ay1June•7u1y/Aug/ Jan1Feb.+Afar+Ap
S IVIDW 2oISM1 4sb:2ls+w z"
Monday-Friday(daytime)7 hours.....................................S 850,.....,..... ....S 850
................
Monday-Wedricsday(evening)...... ..................................S20M................................$1700
t 5-7prn,yet up,7-1 1pin event time. I[A2am clean up)
Thursday(evening)... ...... ....... ......... ...........S2300..................... ,S 1900
(5-7pnL setup,7-1 1pm event time, I 1-12am clean up)
Friday (evening)........................................... .............S41OU.................. ........... S3500
(5-7pm set up.7-1 1pm csrni time, I IA2am Ociui up)
Saturday(daytime).......................................................S3000..,........-.--.......-...L.....$2400
'(9.11am at up,11-3pm evem time,3.4poi clean up) Eve tow �vis OC �I0.Ts Dn
Saturday(evening)........... ...... ... 55100.............,.,......... 34500
:(3-71im W up,74lpm event biro.I 1-12am clean op1
Saturday(All Day)Ceremony Included.............................$8000.......,...,........,...........$6900
to 4 horn yet up,7 hour csvnl. I hour clean.up)
Sunday(afternoon)Ceremony Only..................................S1500..........................,......$1200
(t:30-230pat set up.2:34t-3:3opm event boric,3:30.4pin clean up)
Sunday(evening).........................................................S3500.................................S2it00
(4.6) z set up,&lop m event rune,to.I Ilion clean up)
Sunday(All Day)Ceremony Included...............................S5300...,,......................,-,...S450O
(a 4 hour sea up.7 hour event time, I bour clean up)
Ceremony Fee to wrinvov ht ondopal not a part of faeipty fee l.......,-_ S 500................................S 500
lacludes,an extra Ya horn of event time faddedmow ufe.aaima wrong the falroina s ard"itm i.mre bouu of rehearsal wall professional
ecrcmmiy coordination tas a.a tat,k.,wad unua,Ird went,your choice of ceremony locations:Grand Hall or Outdone pfd=garxb
cusli,mi ed set up,microphone.unity table,wv'addiliaral staff on site.No ceremony fee is chiagcd fir"ail day"events.
Additional Guest Cliaree
Hayed on(rat number of gtwu'the client requevu the facility is set up for.mot the actual guests in attendance,
OverN1251Guests..........................................................S 4 pp,................,.........,,,S 4 pp
Additional Hour.........................................................S 250..................... ....S 250
'Additictial event time is always available at the end of evening eveols.Daytime cYmis may add unit with prior approval,
Versailles Room(Lower hooch One Hour.........................S 250...........Endre Ewnt...S 300
A nice option for a 'cocktail hour",during Grand Halt nxarr layout cly,foltiruing cermttmrim,i m,*for supervised childcare.
• Memorial and Labor Day weekend fees: Sunday priced at Saturday rate,Monday priced at Sunday rate.
New Years Eve is always priced at the Saturday rate.
• A$750 booking fee/security deposit and a signed contract is required to firmly secure your date and
guarantee ALL fees.The full facility fee is due 6 moths prior to your event date.The Chateaux accept:
cash or checks only.
http://www.chateauxatfox.com/a.2004.htm 11/2/03
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t Mount Vernon Event Center :: Wedding ' Page 1 of 3
x❑ Mount Vernon Event Center
x❑ edding rental Information - Making Memories that last!
n Corporate Events
;1 Weddings
. Rental Time Blocks
o Day Times, 8am to 3pm
a Evening Times, 4pm to 12am Opent l-tan
n Private Parties o 1 to 2 hrs set-up, and 1 hr for clean-up
o Additional Time may be added(when available
with consent)
. Capacity,35-300 Guest
o Have the option of having indoor/outdoor Even
o Use of outdoor, fee $300.00
. Ceremony can be held in the beautiful Log Gazebc
o Log Gazebo is surrounded by a beautiful gardei
and water garden.
o Fee for Ceremony is $300.00.
. Rental Fee includes the use of the facility grounds
(Where designated),tables and chairs.
. A security deposit of$500.00 and a signed rental
contract must be received to secure the date.
. The balance of the Rental Fee is due 6 months prio
to the rental date.
Mount Vernon Event
Rental Fee Schedule
Weekends
May/June/July/Aug Jan/Feb/Mar/Ap
Sept/Oct/Nov/Dec
Thursday Evening $1,400.00 $1,000.00
Friday Evening $2,400.00 $1,400.00
Saturday Day $2,200.00 $1,200.00
file://C:\CompuServe%202000a\download\MountVernonEventCenterWgdding.htm 11/2/03
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Celebrations at Sample le Menu
The McCreery House
746 North Washington Ave. Hors D'oeuvres
Loveland, CO 80537 Assorted Vegetable Mini Quiches:Asparagus.Tomato&Basil
M 970-278-1848 Smoked Salmon Mousse with Dill on a Slice of Cucumber
Cream of Brie on French Baguette
www.mccreeryhouse.com Artichoke Heartsfilled with Tepenade
Roasted Chicken&Chevre Tamales with Fresh Salsa
Chicken Galantine-roasted with Dried Fruits and Nuts
_ �/ served with Berry Relish
aCae c?/&W.7 QV.,, Beef Tenderloin Canapd:marinated in Red Burgundy Wine with
onion confit,Dion Mustard on toasted French Baguette
Entrees
he McCreery House offers the warmth of a gracious Salmon Terrine with Asparagus Puree
Thome
shower Or rehearsal dinner for your wedding ceremony, reception, bridal Pork Tenderloin en Create with Tarragon and Mustard Sauce
Stir Fried sea scallops with Pistachios.Pineapple,Thai Peppers
Broiled Fresh Salmon Filet with Lemon Fig Balsamic,
Step back into time and experience the charm of the Fresh Cucumber Relish,Brown Rice
McCreery House—originally considered the "Showplace of Herbed Roasted Chicken with Fruit Chutney Mashers
Loveland." Built in 1892, this exclusive landmark buildingis Roasted Colorado Lamb Loin Roasted
Vegetab7bmatoles
Mine Jam,
Creamy Polertta,Roasted Uegezables
truly one-of-a-kind and is listed in The National Registry of Dessert
Historic Places. Mini Eclairs with Cherry Brandy
Since this family owned and operated establishment does Mini Strawberry and Kiwi Tartlets
Chocolate Ruffles with Grand Marnier
only one wedding at a time, you can be assured that you will Cream Pufffilled with Fresh Fruits and Mousseline Cream
receive the special attention you deserve on your wedding Mini Lemon Meringue Tartlets
day. Ceremonies may be performed in an intimate setting m Chocolate Mousse StrawTartleberry
C with Raspber y
Y Y P g Amaretto Strawberry Cake
the house or an outdoor ceremony in the beautiful garden. Wedding cake
Tent rental for the garden is available.
With the ability to host affairs for between 20-75 guests, the All menus are customized to your needs and
McCreery House offers the perfect solution for the smaller, budgetary requirements. You can select your
own caterer or the McCreery House can provide
intimate wedding. a list of recommended caterers for you.
PRICE RANGE.........$15-35+SITE FEE CUISINE.........................................VARIES BRIDAL SUITE AVAILABLE................YES OFF PREMISES AVAILABLE...............YES
N OF AFFAIRS AT A TIME.-...................1 CEREMONY CAPABILITY...................YES VALET PARKING.................................NO KOSHER.................................AVAILABL'
CAPACITY..._........_.......................20.75 OUTDOOR CAPABILITY......_..............YES IN-HOUSE PARTY PLANNER............YES GUEST ACCOMMODATIONS—...........7
34
History of the McCreery House Page 1 of 2
Celebrations
at the
= = � McCreery House
This Victorian house v
_ built in the 1890's and
Details for Events was considered a show
place of Loveland.The
leer Ph Alb �'. Y
�'" um Photo r House McC home has over 100 e;
of history in addition t
LHistary of the Mccreery;House ..w one-of-a-kind
architectural structure.
Location and Directions '
I....7- w How
The large lot has many shade trees and
several gardens in the back courtyard.
There is a three-sided veranda to the
Linda Stotz: 970-278-1848 entrance of the home.
Istotz@mccreeryhouse.com
com
a
P
The woodwork and floors are made of southern pine and the i
with the initials of the original owner W.H.McCreery. The re
William H. McCreery founded the United Presbyterian Churc
Thanksgiving Day in 1875.
http://www.mccreeryhouse.com/history.html 11/2/03
u
l�
The Cottonwood Club
6813 South College Avenue A Small Sample of Menu Selections
Fort Collins, CO 80526 Hors D'oeuvres
970-226-3463 Sea Scallops Wrapped in Applewood Smoked Bacon
VeCOT�TONWOO�OCLUF Northern Colorado§premier Thai Peanut Chicken
Satay
event and catering facility Artichoke Hearts with a Parmesan
Breading
aunique cat¢ring faeilNy offering style, understated Filet Mignon Encased in Pu,QPastry with
elegance and personal service. a Mushroom Duxelle
Fresh Mozzarella and Sun Dried Tomato Bruschetta
Salads
Celebrate your wedding within the intimate splendor of Classic Caesar salad
The Cottonwood Club. Nestled amid mature trees, Tri-ColorFarfalle Salad
The Cottonwood Club offers a unique, picture-perfect Fresh Mixed Greens with Choice of Dressing
setting for your ceremony and reception.As they only allow one Carving Station
event at a time,this former Fort Collins estate will be devoted Rosemary and Garlic Roasted Lamb with
Merlot Mint Sauce
exclusively to you on your special day. Pepper Crusted Pork Loin with Dijon Herb Sauce
The grace and charm of The Cottonwood Club is enhanced by Oven Roasted Herb Turkey with Fresh Cranberry Relish
their picturesque gardens,unique interior, exceptional cuisine Aged Prime Rib of Beef Au Jus
and outstanding service. Nothing is left to chance and nothing is Pasta station
compromised. Owners Kerry and Michael Schroeder are in atten- Four cheese Cannelloni
dance to orchestrate every detail and fulfill your wedding dreams. Pasta Primavera in a tight tomato cream sauce
SpinnachachLinguini with Sun Dried Tomatoes
With custom menus and artful presentation,The Cottonwood Club's and Fresh Garlic
innovative chefs will provide an exquisite dining experience Tortellini Alfredo
assured of pleasing the most discerning palates.The attentive staff Dessert
will offer personal attention to both you and your guests, exceeding Choice of Custom Created Wedding Cake,
your expectations. Filling and Design
Experience firsthand why The Cottonwood Club is truly one of the
premier wedding sites in Northern Colorado. The Cottonwood Club is also available for
rehearsal dinners, banquets and offsite events.
PRICE RANGE..._.335-$60+SITE FEE CUISINE.......................................CUSTOM BRIDAL SUITE AVAILABLE................YES OFF PREMISES AVAILABLE...............YES
80F AFFAIRS AT A TIME......................1 CEREMONY CAPABILITY..................YES VALET PARKING.................................NO KOSHER................................................NO
CAPACITY..................._.._...........25-215 OUTDOOR CAPABILITY......................YES IN-HOUSE PARTY PLANNER.............YES GUEST ACCOMMODATIONS_...._........NO
37
1Y... 1 +irr. 1! � •S
ir
f}
Karen's in the Country
1900 Plaza ouisville, CO 0 Sample Menu
Louisville, CO 80027 Cocktails
303-666-8503 Featuring a Premium Well, Top Shelf Liquor,
wwmkarensinthecountry.com Domestic,Imported and Micro Brews and
...Aiming to Exceed Your
Fine Wines
Expectations A choice of over 50 Passed Hors d'Oeuvres
that may include Black Bean Empanadas with Pico De
Gallo.
Mini Baked Brie. Tableside Grilled Latke with
Fresh Applesauce&Sour Cream
"The Best of the City is in the Country!" In this "Comfortable Show B4 et
Large Fresh Veggie Display
Upscale" setting, you may host anything from large formal Fresh Fruit Displays
weddings and parties to casual cookouts. For 28 years, Cheeses and Crackers
Karen's has been serving completely delicious food from Strawberries with Belgian Chocolate
appetizers through dessert, by a friendly, professional staff. Assorted Fresh Bakery Buns,Breads and Muffins
A full service restaurant until recently, Karen's has turned Peel'n Eat Shrimp with Cocktail Sauce
100% of their attention to the catered event. Poached orRoase smoked salmon
Smoked or Roasted Whole 7i<rkey
This charming and elegant Victorian Country Home was Glazed Baked Pit Ham
built for weddings, anniversaries and rehearsal dinners and Over 2 dozen Hot Entree Suggestions
features enclosed decks, elegant decor and a beautifully land- (or your own custom menu)
scaped yard complete with pond and waterfall. It's like host- Wedding Cake-your choice offlavot filling and style
Custom designed'Fun'Groom rs Cakes
ing your event at your rich relative's home! The in-house Dessert table of Miniatures or Family Favorites
bakery specializes in breads and rolls, cakes, pies and deli 11
-
cious designer wedding cakes. (Karen's is known for elegant Karen's has been a favorite of Boulder County
dessert tables.)Your favorite foods are displayed in a since 1974 and has won many awards for atmos-
gorgeous "Show Buffet" by their artistic staff. Have it all... phere and cusine, including Boulder Gold 1999,
great food, service and ambiance at a reasonable price. 2000,2001.
PRICE RANGE..............................$25-60 CUISINE............. ................ BRIDAL SUITE AVAILABLE................YES OFF PREMISES AVAILABLE......
#OF AFFAIRS AT A TIME 1-2-2 CEREMONY CAPABILITY...................YES VALET PARKING..................................NO KOSHER................................................NO
CAPACITY......... ........................25.325 OUTDOOR CAPABILITY......................YES IN-HOUSE PARTY PLANNER.........._YES GUEST ACCOMMODATIONS.......... ....NO
53
Y
1
k
g
Lifestyles Catering presents Sample Menu
Willow Ridge Manor A
2 4903 Willow Springs Road Ron d'oeuvre Selrrtion
Waiver
Morrison CO 80465 served with Perrier Janet Champagne
LIFE STYLES Prosciutto Wrapped Asparagus with Reggiano Parmesan
wter6aq Willow Ridge Manor.303-697-6951 Seared Scallops and evil on Parsnip Potato Puree with
Chervil on aSpoon
wwwwillowridgemanoreom Lump Meat Crab Fritters with Spicy Tomato Remoulade
Venison.Potato and Blue Cheese Quesadilla with
Lifestyles Catering.303-232-7932 Green Onion Aura
wwmlifestylesmtering.com Flee Course n,., nner
Appetizer Course
Sweet Pea and Roasted Mid Mushroom
Itting high in the foothills overlooking spectacular red rock formations Risotto cake with Basil Cou(is
and city lights,Willow Ridge Manor offers a unique ambiance for your suggested wine:French Beajoulais or a Rhone Wine
special day. From it's nostalgic porte cochere to it's neo-classical Soup course
columns on the front porch,the Manor offers unsurpassed Asparagus Bisque with Lobster,Chives and Black Truffle Cream
p urpassed elegance and suggested wine:Pivot Gris or Sauvignon Blanc
unrivaled charm. Intermez=o
Willow Ridge Manor was created when a turn of the century mansion Honeydew-Belvedere Vodka Granite with Fresh Mint
was rescued from demolition and relocated to its present location in the Fntr6e course
foothills of the Front Range. Despite the location change,the Manor still Slow Roasted Veal Chop.Stewed Wild Mushroom Tomato Compote.
Arugula and White Balsamic Jus
reflects the intimacy and opulence of an earlier time. suggested wine:Pint Nair or a Sangiovese
Ceremonies and receptions can be held for up to 200 special guests on -or-
the Manor's expansive deck,under the brilliant blue Colorado skies,or in BraisedAhi Tom with White Bean,Spinach,Panceaa and
out
the ballroom in front of the carved wood fireplace.For the Bride and her Cippne.OOnionrel Cha
suggested wine:Oak Barre(Chardonrsay
attendants there is a three-room Bridal Suite and for the Groom and his SaradRe sties
entourage,a separate and sequestered Groom's Room. Endive with watercress,Beets and Lemon
Catering at the Willow Ridge Manor is provided by Lifestyles Catering,a Sweet Finale
Mild Berry Compote with Buttermilk Ice Cream
premier custom caterer.Recently ranked as one of Denver's top caterers, and shortbread crumbles
the Lifestyles Catering experts will bring over 25 years of experience to suggested wine:Chandon Blanc de Nair Champagne,
your event.They will present to you an array of culinary possibilities and Late Harvest Riesting orzaca Mesa z Gris
will also work with you to develop a special,customized menu. [Also available extensive Buffet Mena Choices]
The combination of Willow Ridge Manor and Lifestyles Catering will At the willow Ridge Manor,lifestyles Catering will listen to your
make the special day of your life a treasured memory. dream and see your vision,they will then transform your vision
into a reality
PRICE RANGE...._13-5&UP+SITE FEE CUISINE...............ECLECTIC AMERICAN BRIDAL SUITE AVAILABLE................YES OFF PREMISES AVAILABLE...............YES
b OF AFFAIRS AT A 71ME.........-........._1 CEREMONY CAPABILnY...................YES VALET PARKING........................................... .....NO KOSHER................................................NO
CAPACM......................................20-2W OUTDOOR CAPABILITY.....................YES IN-HOUSE PARTY PLANNER.............YES GUEST ACCOMMODATIONS................NO
123
This page marks the end of the materials submitted by Julie Baker
and Wendi Meyer.
Following this page, are the materials submitted by Stacey Richter.
"Reception Site"
Addition of defined use
Bi-Annual review
This letter is to request that a new definition "reception site" be created
and accepted into the City of Fort Collins Land Use codes Article 5 - Terms and
Definitions Divisions 5.1 Definitions. Once it has been created, It should be
added as an additional permitted use to the Commercial, Urban Estate and
Community Commercial Zone Districts.
The requested definition to be added is as follows:
Reception site shall mean a place where wedding ceremonies and
receptions are held. Other conduct may include but not be limited
to; special events, such as wedding rehearsal dinners, bridal
showers, anniversary parties, birthday parties, luncheons, club and
organization events, Corporate events, and religious or other
services or meetings, This type of facility can accommodate an
indoor or outdoor event.
Biography
1 have been in the wedding and event planning industry for a total of 12
years. I have published The Perfect Wedding Guide in the Northern
Colorado/Southern Wyoming area for the past 4 years. For the past 9 years I
have witnessed a need for this type of use in the Southern Ft. Collins area.
This defined use will fulfill a need and create a new stream of business.
Reception Site
When I envision a true "reception site" in Ft. Collins I picture a place in a
predominantly residential area, however close to businesses. It should be a
place where you can get away from the commercial setting and the hustle and
bustle of town, yet be tucked in close. It is a place that you pass by all the time
and do not realize it's there. It is a place where you can escape it all with out
leaving home. It needs to be close enough that residents and business owners
don't mind driving to it.
Property specifics
The specific property I have selected is such a place. It borders
commercial and urban estate type residence on equal sides. It is that diamond
in the rough and is conveniently located to accommodate local business weekly
needs and neighborly recreation. (See Exhibit A for an aerial)
The property is very large and expensive. In today's economy it is difficult
for anyone to afford such a home. We want to keep the integrity of this beautiful
home while financially maintaining it. To do this, however we need to add the
business element. There will be one part time employee for the reception site to
work the day of an event.
Property specifics - Zoning
This property actually could be considered suited for several different
zones because of it's unique use. The Commercial Zone District, Urban Estate
or Community Commercial. The dynamics of the defined use share a common
thread with each of these zones.
The Urban Estate District is intended to be a setting for a predominance of
low-density and large-lot housing and to provide additional locations for similar
development, typically in transitional locations between more intense urban
development and rural or open lands. The specific location I have envisioned for
the use and would like to purchase for this is similar. It is an estate home on
large acreage bridging commercial and residential. The proposed use is low
density in the fact that it will be a home as well as a business with occasional
traffic. This use does not have the usual day to day traffic as so many other
business uses.
Although ideal, not all urban estate properties would work as a reception
site. There are some logistics that would prevent a reception site from popping
up in urban estate, a shared driveway, covenants, location, room for parking, and
the distance to the nearest home. Even though reception site will be a permitted
use in urban estate it does not mean that there is appropriate property to
accommodate a reception site in every urban estate neighborhood. It has to be
the right place and meet specific performance standards.
EXHIBIT A
x
Specific Property
for Ft Collins
Reception Site
This property is west of
College Avenue on
Harmony Road. The
entrance from Harmony
Road will lead to a parking
lot on the north end of the
property.
The North and the East
boundaries of the property
are surrounded by
commercial buisness.
As you can see this
property has its own private
drive. Please notice the
mature landscaping
adequate for niose
buffering. The nearest
house is over 500 feet away
From where any event would
be held.
This is a unique property
that would make for a
beautiful reception site and
event venue. Accomodating
indoor and outdoor facilities.
Property specifics - Noise
Outdoor music can be a concern with an urban estate property, however
the outdoor amplified music is only about 5% of the business. The majority of
events outdoor are going to be wedding ceremonies. There may be live string
music such as a quartet or harp playing to welcome guests and serenade a
couple down the aisle. Other times there may be a Disc Jockey playing
appropriately soft seating music. Generally this is music that you can talk over.
Evening wedding receptions are an option where again the music can
range from a simple quartet to a live band or D.J. music. This is not meant to be
used for a rock concert event. Music is meant to be enjoyed and danced to at
weddings and private parties at a comfortable level.
Sound is measured in decibels and here are a few examples from the
General Science book, sound intensities:
Decibels Dearee Loudness
140 extremely loud Jet airplane
120 Thunder
110 Train
108 very loud Car Horn
80 loud Noisy Office
70 Average Radio
60 Moderate Normal conversation
close up
50 Normal office noise
40 Faint Quit conversation
10 very Faint sound proof room
Music played by a disc jockey at a nightclub is played at 90 decibels.
Dance music for a wedding is adequate played at less decibels 70-100. Let's
say a D.J, is going to play between 90 and 110 decibels outside at the Ft Collins
Marriott. That is only a little more than a normal conversation. By the time that
sound would travel from the pavilion at the Marriott to their property line it would
measure 70 decibels. If the outdoor venue has a tent with walls, trees,
evergreen shrubs, or a fence than the sound will be buffered even further.
This particular urban estate property has a private drive and is at least 500
feet from the closest neighbor. It is next to the railroad tracks, which creates a
higher noise level than the music played at the site would. There is a lot of
mature landscaping that will buffer and deflect any noise. I would be surprised if
the neighbors even heard a thing.
The direction and the positioning of speakers can also make a large
difference in the volume of the sound over a distance. A responsible business
owner will be able to apply these techniques during an event just as they can
create buffering. When you decrease the decibels by 1 you decrease the sound
by 2.
Any hired professional playing music will know the physical and legal
restriction in reference to the volume. The physical limitations will naturally keep
the volume in check. There is an enforced noise ordinance in the city of Ft.
Collins that determines the guidelines for each zone. It is a matter of having
responsible business owners along with appropriate properties.
There are 2 commercial businesses in the front of this specific property
and the east side of the property is bordered by commercial zoning. With the
natural buffering and the distance it is from the nearest neighbor it makes for a
perfect urban estate reception site. I refer to the Avery House, which is much
more heavily neighbored and hosts only outdoor events.
Market
As an entrepreneur in the wedding industry I know my market and I know
that a reception site is needed. There is nothing like this in the city. Currently
there are only 8 qualified reception sites in Ft Collins.
Venue Style Outdoor Outside Seating
Facility Catering Capacity
Avery House Outdoor YES, only YES 150
Carousel Dinner Theatre Theatre NO NO 200
Cottonwood Club Separate rooms YES NO 215
Ft Collins Country Club Ballroom NO NO 150
Lincoln Center Ballroom YES YES 300
Marriott Ballroom YES NO 500
University Park Holiday inn Ballroom NO NO 800
Sunset Events Center Nightclub NO NO 350
As you can see half of the facilities to accommodate wedding receptions in
Ft. Collins are Ballroom facilities and 3 are in hotels. This is fine, however brides
and business owners are seeking out more unique facilities in other towns. Ft.
Collins has the opportunity to enhance what the city has to offer.
There are only 2 venues that allow outside catering services into the
facility. This limited space makes it difficult for the catering companies in the
area.
There are only 4 outdoor event options and only 2 of them offer an indoor
facility as a back up in inclimate weather. Among the outdoor venues there are
only 2 of the 4 that have an outdoor location with trees. Proper landscaping can
make an event and offer a photographic backdrop, which is ideal.
For one of the venues you have to be a member or have a member
sponsor you to be able to use the facility for your event. This facility is not open
to the public, which makes it limiting.
The market is such that we are loosing events and weddings to venues
outside of the city. The limited number of venues, the restrictions on catering,
and occupancy along with other limitations is why many businesses and wedding
couples are going outside of Ft. Collins. Even then they are not finding anything
very unique. With 4,300 weddings a year in Larimer, Weld and Larimie counties
a unique facility could draw in and keep an extreme amount of business.
Business Impact
A reception site in Ft Collins would not only bring in local business, it
would also bring in a regional draw. Many brides and grooms will come from,
Loveland, Greeley, Windsor, Wellington, Longmont, Cheyenne and Larimie
Wyoming. They may even come from Estes park and Denver as well. Some
brides and grooms that are away in another state will come to Ft. Collins to get
married if there family is here or even as a destination wedding area.
There will be an impact on many businesses with a wedding and event
venue. This will increase the number of weddings and events in Ft Collins and
create much more business for:
Bakeries Beauty
Bridal and formalwear companies Caterers
DJ's Entertainers
Florists Gift stores
Guest accommodations Jewelers
Musicians Photographers
Restaurants Stationary Stores
Transportation Travel
Wedding Coordinators Videographers
These same vendors will have increased weekly business as well with
business and community use of the facility during the week.
This is the cleanest type of business there is. Most weddings have out of
town guests and with the increased regional draw. Many people will be coming
in to town for the event, spending money and leaving. It would increase
tourism in Ft. Collins. With a unique facility like the one I purpose Ft. Collins
wouldn't loose as much business to Estes Park and Denver.
Zoning
In review of the Land Use codes this use appears to fit under three Zone
Districts, Commercial, Urban Estate and Community Commercial. This use
conforms with the purpose and permitted uses in all of them. All of the zones
already accommodate this definitions sister use, Place of worship or assembly.
Addition of Permitted Uses required findings:
Listed are the purpose statements for these three Zone districts and how
the "reception site" use definition meets the requirements to de added as a
permitted use to each zone.
C - Commercial zone district: "The Commercial zone District is intended
to be a setting for development, redevelopment and infill of a wide range or
community and regional retail uses, offices, personal and business services".
1. This use is appropriate in the zone district to which it is added.
a) The "reception site" use is appropriate to the commercial zone
district because of the wide range of business use in this
category.
b) Businesses in the commercial zone will use a reception site
for meetings during the week and it needs to be close in
proximity to others in the commercial zone.
c) Events at a reception site call for other businesses to supply
goods and services so this variety of business conducted
needs to be centrally located, which the commercial zone is.
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;
a) The new use definition would fit in with the wide range of uses in
this zone and this type of facility will create an infill from
community and regional personal and business uses. The
Commercial Zone District is also an area in Ft Collins that can
support business use growth.
3. This 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 impact of development, than the amount normally resulting from
other permitted uses listed in the zone districts which it should be added.
a) In fact this use has very little impact on any of these areas at all.
4. This use is compatible with the other listed permitted uses in this zone
district
a) This zone already permits its' sister uses, Place of worship or
assembly and Bed and Breakfast which small events centers
may incorporate.
b) These permitted uses also may accommodate the reception
site uses as a secondary business use.
5. This use is not specifically listed by name as a prohibited use in this
zone district.
6. Such use in not specifically listed as a "Permitted Use" in Article 4.
a) There is no use definition accommodating "reception sites" in
the Land Use Code Article 4 yet.
UE — Urban Estate zone district: "The Urban Estate Zone District is
intended to be a setting for a predominance of low-density and large-lot housing.
The Main purposes of this district are to acknowledge the presence of the many
existing subdivisions which have developed in these uses that function as parts
of the community and to provide additional locations for similar development,
typically in transitional locations between more intense urban development and
rural or open lands. "
1. This use is appropriate in the zone district to which it is added.
a) Many of the ideal locations for the "reception site" use are low-
density and large-lot housing. This offers an attractive
appearance and ambiance that is needed to achieve a true
reception site.
b) Urban Estate acknowledges and protects these subdivisions as
they are surrounded by a growing community. A reception site
needs that same flavor. It needs open land and to be centrally
surrounded by community and commercial. An ideal reception
site is a diamond in the rough.
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;
a) Reception sites are typically in transitional locations between
more intense urban development and rural or open lands.
Open land backdrops, are exactly what a reception site needs
for photography and peaceful views. There are estate homes
on large acreage bridging commercial and residential areas
that would be ideal for this use in the urban estate zone.
b) Other permitted uses in urban estate would be appropriate for
a reception site. Bed and breakfast, place of worship or
assembly, golf courses, elderly care centers. These permitted
uses have similar qualities, traffic, size, and some offer the
same services. The "reception site" use would be very
appropriate with these other permitted uses.
3. This 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 impact of development, than the amount normally
resulting from other permitted uses listed in the zone districts which it
should be added.
a) The proposed use is low density in the fact that it can be a
residence as well as a business with occasional traffic. This use
does not have the usual day to day traffic as so many other
business uses. A"reception site" would not create any more
noise, or traffic than the other permitted uses.
1) Cemeteries: They have periodic large gatherings for
funerals, which increase traffic during the event and
sporadic traffic other times. They can often have
amplified music and speaking.
2) Public and private schools: A"reception site" would have
far less traffic than a school and much less impact than a
bus. Schools have outdoor speakers and loud screaming
children that have overall more outdoor noise that a
"reception site". They also have many night time concerts
and events similar to a "reception site".
3) Places or Worship or assembly: Very similar to a
"reception site" in the fact that they already host periodic
indoor and outdoor weddings and events that increase
noise and traffic during those times which vary.
4) Golf courses: Have more day time traffic and increased
traffic during tournaments and large events. The every
day noise is quit like a "reception site" and the increased
noise is during an event like a "reception site".
5) Child care center, Animal boarding, or plant nursery or
greenhouse: A"reception site" would be overall less
traffic than any of these. All of them have frequent daily
traffic which a "reception site" would not have. They also
would create more out door noise since a large part of
these business is conducted out doors. Animal and child
noise is more uncontrollable noise as well.
6) Elderly care centers: Have more employees than a
"reception site", which means they have more daily traffic
between employees and visitors. They also hold periodic
indoor and outdoor events causing similar traffic and
noise patterns with amplified music.
7) Bed and Breakfast: Have similar intermittent traffic
patterns and can host reunions and weddings and events
like a "reception site".
b) Some may argue that a "reception site" will have more outdoor
evening amplified music than the other permitted uses in Urban
Estate.
1) This may be true, however the overall outdoor noise is no
greater than the other permitted uses. A "reception site"
will have to abide by the same noise ordinance rules
already set forth and enforced.
c) The "reception site" use is not intended to accommodate out
door concerts like Fiddlers Green in Denver. It is intended to
host outdoor evening weddings. Keeping in mind that this is a
small percentage of the overall use in the definition.
1) Only about 5% of the reception business would be
outdoor events.
2) There are other defined uses for concerts and
theatres in the land use code for Ft.Collins.
d) Buffering can be used with the outdoor space to minimize any
noise and/or special land requirements may be necessary to
regulate neighborly impact.
1) Many properties may be far enough away from
neighboring residences. Le. The Avery house.
2) Many urban estate properties have mature
landscaping that will buffer the sound.
4. This use is compatible with the other listed permitted uses in this zone
district
a) This use is very compatible with the other permitted uses.
Many of them service the same type of events that a "reception
site" will. (see #3 above))
5. This use is not specifically listed by name as a prohibited use in this
zone district.
6. Such use in not specifically listed as a "Permitted Use" in Article 4.
a) There is no use definition accommodating "reception sites" in
the Land Use Code Article 4 yet.
CC — Community Commercial zone district: "The Community Commercial
District provides a combination or retail, offices, services, cultural facilities, civic
uses and higher density housing. Multi-story buildings are encouraged to provide
a mix or residential and nonresidential uses. Offices and dwellings are
encouraged to locate above ground-floor retail and services."
1. This use is appropriate in the zone district to which it is added.
a) A"reception site" can be a mix of residential and reception site
uses. This Zone also claims to be a bridge between the
Commercial and residential areas of town. A"reception site"
acts the same way, it is both commercial and residential by
nature and blends the two.
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;
a) The Community Commercial Zone District permits Places of
worship or assembly, Bed and Breakfast establishments, and
Lodging establishments.
1) Each one of these venues can accommodate a
reception and many of the other uses in the new
definition.
b) It also hosts many other business uses that are similarly home
based as this can be.
3. This 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 impact of development, than the amount normally
resulting from other permitted uses listed in the zone districts which it
should be added.
4. This use is compatible with the other listed permitted uses in this zone
district
a) In addition to the above The Community Commercial Zone
District also permits food catering or small food product
preparation, which can be a feature of a "reception site".
b) All and all the permitted uses are very compatible with this new
use.
5. This use is not specifically listed by name as a prohibited use in this
zone district.
6. Such use in not specifically listed as a "Permitted Use" in Article 4.
a) There is no use definition accommodating "reception sites" in
the Land Use Code Article 4 yet.
Other Cities
There are reception sites in other cities in Northern Colorado. I called on
Greeley and Loveland and have been told that they fit reception site in with other
uses where appropriate.
The city of Longmont has Reception/Banquet Halls as a defined use in
there land use code. It is definition 277. Reception/Banquet Halls Means a
building or a portion of a building available for lease by private parties for social
or dining purposes. This use is allowed in four different zones.
1. Commercial
2. Business Light District
3. Mixed Industrial
4. Commercial bus district
They also consider special reviews out side of these zones for specific
properties. I like to consider Ft. Collins cutting edge, however it looks like we
are behind the times.
In conclusion there is a need for this defined use and it is an appropriate
use in the Commercial, Urban Estate and the Community Commercial Zone
Districts. The dynamics of the defined use share a common thread with each
of these zones. This use would allow greater business opportunity in Ft Collins
and create an infill of regional business. This use meets all the requirements to
be compatible with these Zone District.
Please see attached aerial photo of proposed site.
Thank you,
Stacey Richter
(970) 282-8264
5108 Arrowhead Lane
Ft Collins Co 80526
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iw y. The t Wedding Guide!
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ot be h drawings for one of many fabulouseld liable for the!
quality or performance of goodr and ser- honeymoons!
vice,provided by the advertuers in Chu:
publication. Congratulations and best wishes
from The Perfect Wedding Guide.
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