HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2000 - FIRST READING OF ORDINANCE NO. 183, 2000, MAKING V AGENDA ITEM SUMMARY ITEM NUMBER: 27
DATE: November 21, 2000
FORT COLLINS CITY COUNCIL FROM
• Ted Shepard
;SUBJECT:
First Reading of Ordinance No. 183, 2000, 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.
ACKGROUND:
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 the "user-friendliness" of the Code.
Following is a brief synopsis of two substantive issues. Attachments include a summary of all
the issues as well as the draft Ordinance itself.
SUBSTANTIVE ISSUES:
1. Amend the "maximum" parking standard for "General Office" of 3.0 spaces per
1,000 square feet of gross leasable area.
Problem Statement:
The "General Office" land use is required to not exceed a maximum of 3.0 spaces/1,000 sq. ft.
Office developers and tenants are suggesting that the present maximum is too restrictive and
should be raised. The latest trend in office development is to provide more employees per
square foot than in the past. This is accomplished by efficiencies in office modules and
equipment. (Keep in mind "Medical Office" and "Industrial' are separate land use categories
governed by different parking ratios.)
DATE: November 21, 2000 2 ITEM NUMBER: 27
Proposed Solution:
The citizen advisory task force and staff have completed work on reviewing the parking
regulations for the "general office" land use category. The recommendation is that the Land Use
Code be revised so that office parking can be regulated in the following manner:
• Retain the current maximum of 3.0 spaces per 1,000 square feet of gross leasable area as
a baseline standard. This standard will apply toward those office developments where
only the size of the building is known and the number of employees is not known.
• Introduce a new standard of .75 space per employee (3 for every 4 employees). This
standard will apply only toward those projects where the number of employees can be
reasonably estimated. This ratio was established based on field surveys.
• Remove the "general office" category from the current bonus of 20% if there is no
available on-street parking or no opportunities for shared parking with adjacent
properties. (3.0 x 20% = 3.6 spaces per 1,000 square feet.)
• In order to provide flexibility, replace the bonus with an "Exception to the Standard"
provision that will allow those projects with unique parking needs based on building
occupancy to increase parking from .75 up to but not exceeding 1.0 space per employee.
This provision will apply only to those projects that can demonstrate the number of
employees within the building, not to those projects where only the size of the building is
known.
• The incentive to construct a parking structure is retained. This would allow a project up
to 4.5 spaces per 1,000 square feet of gross leasable area, as long as all the additional
parking gained by the increased ratio (over 3.0/1,000) is contained within the parking
structure.
2. Amend the L-M-N list of permitted uses to add a multi-family structure to contain
up to eight dwellings.
Problem Statement:
Presently, the L-M-N zone caps the number of multi-family dwellings in a structure at six. As a
land"use" (as opposed to a"standard"), this cap cannot be modified without rezoning the
property to M-M-N. Staff has heard that this is overly restrictive, limits creativity, and
removes a potential housing type from the mix of options in meeting minimum density
requirements.
Proposed Solution:
Staff convened an ad-hoc committee consisting of architects, land planners and developers to
explore options and look at creative solutions. As a result of this effort, the following
changes are recommended:
• Allow up to eight multi-family dwellings in a structure in the L-M-N zone.
DATE: November 21, 2000 3 ITEM NUMBER: 27
• Introduce minimum design standards to mitigate the mass and scale of any structure
containing more than six but not more than eight dwellings. This will allow better
integration into the lower density neighborhood.
• Allow a seven or eight-plex to be included in the "mix of housing" in the L-M-N.
• (Note: there would be no change in the current density standards in the L-M-N.)
ORDINANCE NO. 183, 2000
• 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 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 identifiedby staff,
other land use professionals and citizens of the City; and
WHEREAS,the staff ofthe 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 be, and hereby is, amended as follows:
Section 1. That Section 1.3.3 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
1.3.3 Establishment of Zone District and Development Standards
The General Development Standards contained in Article 3 include standards which are
applicable to all development unless expressly and specifically exempted or provided
otherwise in this Land Use Code. The District Standards contained in Article 4 are standards
which apply to development located within a specified zone district. The District Standards
are organized on a zone district by zone district basis, and specify the purpose of each
applicable zone district,the permitted uses allowed in each zone district,and other standards
and criteria which apply in each zone district. The General Development Standards
contained in Article 3 andthe District Standards contained in Article 4 arehereby established
and are declared to be minimum standards. In a"ttcrn frri icl icatt acui explanation
only,the FotColltnsDesignMartual !Exo lesandEzplanatbibabfFbitColhns`:LandUse
Code Standards.xtiny'°he con utfed a rton regulate 54urct�of�tf�rrna€�c�ri zegarding
relevant standards:
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Section 2. That Section 2.1.4 (C)(1) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(1) The application shall not be approved if,in so approving, any portion of the
property remains developed or to be developed in accordance with the
previously approved developmentplan and,because of the abandonment such
remaining parcel of property would no longer qualify for development
approval pursuant to either the standards and requirements of the most
current version of this Land Use Code or, if such remaining parcel of
property was not reviewed and approved under this Land Use Code,then,-te-
the
e statt�"?'irttd r t ttidi of the maximum ement—�,
Transitional Land Use Regulations dated August 1997, on file in the office
of the City Clerk.
Section 3. That Section 2.2.10(A)(3) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(3) Wa� � In either(1) or(2) above,the Director may refer the amendment
to the Planning and Zoning Board and, if so referred, the decision of the
Planning and Zoning Board shall constitute a final decision, subject only to
appeal as provided for development plans under Division 2.3,2.4 or 2.5, as
applicable; for the minor amendment.
Section 4. That Section 2.2.10(A) of the Land Use Code of the City of Fort Collins is
hereby amended by the addition of a new subparagraph(4)to read as follows:
( ...!IPP )s'ofthedecstonoftheDtrector€orapproval�r 111 'with
dMd '%bnsdrdentalorminoramenclnicnfstsf an
ctr srtespr.�tfic deveIopate p t shaFt beta"theFlanning:and ¢i tag 3aard,
and the deGlst"of the; l and,Zone yg Board ph such appeals shall;
G nl de appded faresd ,
devprilent plans under' t't ton 2 3„2 or 2 as appltt l eto Aarft mtncr�I.
ameitdiri�iit:
Section 5. That Section 2.2.10(B) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(B) Major Amendments.
(1) Proesdur+rJCrtt raa Amendments to any approved development plan
(including any Overall Development Plan or Project Development Plan) or
site specific development plan that are not determined by the Director to be
minor amendments under the criteria set forth in subsection(A)above,shall
2
be deemed major amendments. Major amendments to approved development
• plans or site specific development plans approved under the laws of the city
for the development of land prior to the adoption of this Land Use Code shall
be processed as required for the land use or uses proposed for the amendment
as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone
district in which the land is located, and, to the maximum extent feasible,
shall comply with the applicable standards contained in Articles 3 and 4.
Major amendments to development plans or site specific development plans
approved under this Land Use Code shall be reviewed and processed in the
same manner as required for the original development plan for which
amendment is sought. Any major amendments to an approved project
development plan or site specific development plan shall be recorded as
amendments in accordance with the procedures established for the filing and
recording of such initially approved plan. Any partial or total abandonment
of a development plan or site specific development plan approved under this
Land Use Code, or of any plan approved under the laws of the city for the
development of land prior to the adoption of this Land Use Code, shall be
deemed to be a maj or amendment,and shall be processed as a Type 2 review;
provided,however,that if anew land use is proposed for the property subject
to the abandonment, then the abandonment and new use shall be processed
as required for the land use or uses proposed as set forth in Article 4 (i.e.,
Type 1 review or Type 2 review) for the zone district in which the land is
. located.
(2) DPP ? pcs of ast 'for a-, withcondttioris or
densatofmaj,* 6nendrtt c tmabatidomnattts> d zry jdevelopinerit
plan qr stte spetifte deva7trtte ,pin shah; be:ftli d,dh& Ir din'.
arcatdancii with�ectsari 2.2 I2{step 1��:
Section 6. That Section 2.2.10(D) of the Land Use Code of the City of Fort Collins
should be deleted in its entirety as follows:
approved development plan or site speeifie development plan shell be filed and
Section 7. That Section 2.6.2(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) A Stockpiling Permit shall be required for temporarily or permanently placing soils
or similar inorganic materials upon property that is not subject to the provisions of
a valid Development Construction Permit, r,that lie steekPiling
3
Permit may be issued for prepe" that is within the boundaries of a Projeet
Development Plan for whielt an appheation for apprevtJ has been filed but whieh
plan has not yet been appreved by the deeisien maker
Section 8. That Section 2.10.2(H) of the Land Use Code of the City of Fort Collins in
hereby amended to read as follows:
(H) Step 8 (Standards): Applicable,
,
wd emeeptional situations, unique to suelt property, ifteluding, but not limited inelesive, may be approved or approved with eanditions by the Zoning Board of
of stieh property, provided that seeh relief may be granted without substantie4
det-iment to the publie good and preevidefi that sueh diffieuRies or hardship are fiat
eaused by the ad or arr4ssien of the appheant and that ne hardship Nwiemee shall
w-a�ci the Zo t1 Heard f c is mad WW a vananpe,fr t the
standards of Articles aiid ohiy tf t finds that the gra....bn t#f ttie vatxanee wvuid
neither be detriritr tttai to the patblitagaq ntr etttl� 3ati tihangdyry tad than,., ,< a.a ud, a�n an3.a
to a that is a 1Qw d sultjCct t; S,, ",�n� crmrt revia€v�'aitd thy£`
(1) k?Y reason vf;lxceptl pt onee eas .and;
d�tcQtia1 sttitatiana, ttlntctsuch pt€i- ffpt i y, nclnditt b l utatltmttail tii;
physical conchttoris " n,, ., eep6canal :ktaxrQess, shatlores or
oETapt?3'.=,or,ph steal eanclitiatis which litnderthe owner s ab lyWiffiftall'
a Solar energy system th r sit app tgatlora 'tlr� Bandard sQu }t fq be
11,
Varied would restart t►t 3 3ut1t ktta aid e�t�ptidnril,practical dt ft"q#P , a '
excaatxata�ot'iundtthardshtp tiparithe nwtterofsuclt Pr° ,lydedthat
e_ .
strcli difficulties or hardship are nt5t. ed b 'ttti: aet dr omissilit of tlte:
agphcatr-,or
(2) the propgsal as sub�Ifta33 'a+ once or pratectt a public lnteie5is ani
pttiposes r#f ilia taadard fnr urhtch tiie,?tat once s re4uested egnall jw., l or;
better.tlianwuuidapro 4 E liieheotirplieswiththestandardfor�vh11 the
vartance is' uated
Any fiudtng snat3c understtb aph{lttsr{2)abovesh ^suPpo ted ;dFecifie';
fiirdirt 's sliQwinhowihe prQposal',"as subtriittel,rneeta tlieregutrexnents ancCriteria
_._ .
of saildt� (1)car`
4
Section 9. That Section 3.2.2(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. This Section is intended to ensure that the parking and circulation
aspects of all developments are well designed with regard to safety,
efficiency and convenience for vehicles, bicycles, pedestrians and transit,
both within the development and to and from surrounding areas. Sidewalk
or bikeway extensions off-site may be required based on needs created by the
proposed development. This Section sets forth �parking
requirements in terms of numbers and dimensions of parking stalls,
landscaping and shared parking. It also addresses the placement of drive-in
facilities and loading zones.
Section 10. That Section 3.2.2(K) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(K) Parking Lots-Required Number of Spacesfor Type of(Ise
(1) Residential and Institutional Parking Requirements. Residential and
institutional uses shall provide a minimum number of parking spaces as
defined by the standards below.
(a) Attached Dwellings: For each two-family and multi-family dwelling
there shall be parking spaces provided as indicated by the following
table:
Number of Bedrooms/Dwelling Unit Parldng Spaces Per Dwelling Unit
One or less
1.5
Two
1.75
Three
2.0
Four and above 2.5
(b) Single-Family Detached: For each single-family dwelling there shall
be one (1) parking space on lots with greater than forty (40) feet of
street frontage or two(2)parking spaces on lots with less than forty
(40) feet or,less of street frontage.
(c) Mobile Homes: For each mobile home in a mobile home park there
shall be two(2)parking spaces per dwelling unit.
. 5
(d) Boarding Houses/Fraternity and Sorority Houses: For each boarding
and rooming house or fraternity or sorority house,there shall be one
(1)parking space per two(2)beds,plus one(1)parking space per two
(2) employees.
(e) Group Homes: For each group home there shall be two(2)parking
spaces for every three(3)employees,and in addition,one(1)parking
space for each four(4)adult residents,unless residents are prohibited
from owning or operating personal automobiles.
(f) Recreational Uses: For each recreational use located in a residential
district there shall be one (1) parking space per four (4) persons
maximum rated capacity.
(g) Schools, Places of Worship or Assembly and Child Care Centers:
For each school,place of worship or assembly and child care center,
there shall be one (1) parking space per four (4) seats in the
auditorium or place of worship or assembly, or two (2) parking
spaces per three (3) employees, or one (1) parking space per one
thousand (1,000) square feet of floor area, whichever requires the
greatest number of parking spaces. In the event that a school,place
of worship or assembly, or child care center is located adjacent to
uses such as retail,office,employment or industrial uses,and the mix
of uses creates staggered peak periods of parking demand, and the
adjacent land owners have entered into a shared parking agreement,
then the maximum number of parking spaces allowed for a place of
worship or assembly shall be one(1)parking space per four(4)seats
in the auditorium or place of worship or assembly,and the maximum
number of parking spaces allowed for a school or child care center
shall be three(3)spaces per one thousand(1,000)square feet of floor
area. When staggered peak periods of parking demand do not exist
with adjacent uses such as retail, office, employment or industrial
uses, then the maximum number of parking spaces allowed for a
place of worship or assembly shall be one(1)parking space per three
(3) seats in the auditorium or place of worship or assembly, and the
maximum number of parking spaces allowed for a school or child
care center shall be four(4)spaces per one thousand(1,000) square
feet of floor area.
(2) Nonresidential Parking Requirements: Nonresidential uses will be limited
to amaximum number of parking spaces as defined by the standards defined
below.
6
(a) The table below sets forth the number of allowed parking spaces
• based on the square footage of the gross leasable area and/or of the
occupancy of specified uses. In the event that on-street or shared
parking is not available on land adjacent to the use, then the
maximum parking allowed may be increased by twenty(20)percent,
provided that the amount of parking lot landscaping is also increased
by twenty(20)percent. (Tllt ent(2€19rq)Lktiease5haltntlt
Use Maximum Parking
Restaurants 15/1000 sq
a. Fast Food 10/1000§ ;
b. Standard
-----
Bars,Taverns,and Nightclubs 10/1000 4,
Commercial Recreational 6/1000
a. Limited Indoor Recreation 4
b. Outdoor .3/person cap.
c. Bowling Alley 5/1000 sq:
Theaters 1/3 seats
General Retail 4/1000 KA
Personal Business and Service Shop 4/1000 sqlt'
• Shopping Center 5/1000 sq.R
Medical Office 4.5/1000 sq ft;
Financial Services 3.5/1000,sq
Grocery Store, Supermarket 6/1000 sq,tF:
General Office 3.0/10005q jlot
75"tpioya Ia the
largi;o
4 fI,00Qsq.Wlifan
at� dvnal parking
spap; ,galned°by the
incr�cased ratio(ever
3.W1,00Q,sg1tL are
carAtatned wrflttn a
Pig
ga8sttucture
Vehicle Servicing&Maintenance 5.0/1000 sq1
Low Intensity Retail,Repair Service,Workshop and 2,0/1000 sqt
Custom Small Industry
Lodging Establishments 1/unit
7
Health Facilities
a. Hospitals 1.0/bed
b. Long-Term Care Facilities .33/bed
plus 1/two employees
on major shift
Industrial: Employee Parking .75/employee
(b) For uses that are not specifically listed in subsections 3.2.2(K)(1) or
(2), the number of parking spaces permitted shall be the number
permitted for the most similar use listed.
park4ng ratio for "General E)ffiee" may be inereased to no
greater than four and afte half(4.5) spaees per afte thatt
(1,090) square&et of gross leasable area by satisfy�g e
of the following two (2) eriteria:
i. All of the addifienftl parking spaees gained by
inereased ra6a (ever the ratio established iff
subseetien 2(e) above) shall be eantained within a
in subseetiett 2(a) above are justified by eamplying
a. The applieant may inerease the ratio by one-
(1,090) square feet of gross leasable wea by
Aret�' as stteh parking is determined in
(1,009) square feet of gress leasable area by
providing ne mare than fifty (50) pereefit of
the total off-street parking as "Rear Parking
rsea.» The Rear Parking A_ef sllQll VML..TI t_
8
the plane of the rear fftee4e of the building,
ereates an mgle that is greater then one
to the plane of the rear ffteeAe of the building.
if any stieh line,when eanneeted to the plane
of the rear feeade of+e building, ereates an
angle that is less then nifiety (90) degrees,
then the line sha4l be adjusted te ereate an
mgle of ninety(99) degrees when eantieeted
te the plane efthe rear ffteade of die building.
Parking spaees in the Rear Parking Arett sha4l
within the bem&ries of the Rear Parking
if the peft inside the Rear Parking 2kre&
'boundary lines eenstitutes mrare than one ha4f
(�q of said parking spaee, and(2) all parking
half (;4) parking spftee per one thettsant4
(1,909) square feet of gress leasable area by
(3) Alternative Compliance. Upon written request by the applicant,the
decision makermay approve an alternative parking ratio(as measured
by the number of parking spaces based on the applicable unit of
measurement established in the table contained in Section
3.2.2(K)(2)(a) for nonresidential land uses or the number of parking
spaces based on use for recreational and institutional land uses)that
may be substituted in whole or in part for a ratio meeting the
standards of this Section.
(a) Procedure. Alternative compliance parking ratio plans shall
be prepared and submitted in accordance with the submittal
requirements for plans as set forth in this Section. Each such
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plan shall clearly identify and discuss the modifications and
alternatives proposed and the ways in which the plan will
better accomplish the purpose of this Section than would a
plan which complies with the standards of this Section. The
request for alternative compliance must be accompanied by
either a traffic impact study containing a trip generation
analysis or by other relevant data describing the traffic
impacts of any proposed recreational or institutional land use
or activity.
(b) Review Criteria. To approve an alternative plan,the decision
maker must first find that the proposed alternative plan
accomplishes the purposes of this Section equally well or
better than would a plan which complies with the standards of
this Section. In reviewing the request for an alternative
parking ratio plan in order to determine whether it
accomplishes the purposes of this Section,as required above,
the decision maker shall take into account the number of
employees occupying the building or land use,the number of
expected customers or clients, the availability of nearby on-
street parking(if any),the availability of shared parking with
abutting, adjacent or surrounding land uses (if any), the
provision of purchased or leased parking spaces in a
municipal or private parking lot meeting the requirements of
the city,trip reduction programs(if any),or any other factors
that may be unique to the applicant's development request.
The decision maker shall not approve the alternative parking
ratio plan unless it:
1. does not detract from continuity, connectivity and
convenient proximity for pedestrians between or
among existing or future uses in the vicinity,
2. minimizes the visual and aesthetic impact along the
public street by placing parking lots to the rear or
along the side of buildings, to the maximum extent
feasible,
3. minimizes the visual and aesthetic impact on the
surrounding neighborhood,
10
4. creates no physical impact on any facilities serving
alternative modes of transportation,
5. creates no detrimental impact on natural areas or
features,
6. maintains handicap parking ratios, and
7. for projects located in D, L-M-N, M-M-N and C-C
zone districts, conforms with the established street
and alley block patterns, and places parking lots
across the side or to the rear of buildings.
(c) For recreational and institutional land uses that are required
to provide a minimum amount of parking, a request for
alternative compliance to provide parking below the required
minimum must follow the same procedure and be held to the
same review criteria as described in Section 3.2.2(K)(3)(a)
and 3.2.2(K)(3)(b), and in addition,must demonstrate:
1. That there will be no dispersal of spillover parking
onto surrounding, adjacent or abutting land uses, and
2. That there will be no dispersal of spillover parking
onto surrounding, adjacent or abutting public streets
(or private streets not under legal ownership of the
applicant)where parking is prohibited.
Notwithstanding the spillover parking prohibitions above,
spillover parking may be allowed pursuant to this subsection
for"Special Event Parking"meaning parking associated with
a recreational facility,activity or institution expected to occur
no more than four (4) times per year for school assemblies,
pageants, graduations, religious celebrations, or other
ceremonies or events that occur so infrequently that the public
can reasonably be expected to accept the inconvenience of
spillover parking on such infrequent occasions.
(4) Eaceeption tq the r rWI,f p,.('4r.Igng3tdt.0 An= stionto
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1. dQBs ttr t de�� from ensrtrt� tt r'a
c*n , t .p1Ytstr'.. 04 1J .
+r'I31113' �'�ii,I��ial�33»'fr*,,,,�` G 3ii,
ift
dd
pl mlaa lots tq, a tlae s}de df
WOO
y d91 i 1 ?e ti'feas sle"a
,pn, '. �03?i.� 3.1.».Gl[
...., creates no»detrtrnenta'C„? a' ompliturat'as 3QYJ`>.
6; tri8it 3MW h 11i 1 t , xret�tt3ps [
liriF.tSi?t " '�y{t31�.' 'tl' , 39tTCC1
W-3.3yL� 5�
aGrn 571 O�io �..... o{f y
8_ result �axtk'fi�sl;dcags npt exceed oue=s�ie per
employee(I.,l�,at1)
:;33 ' is s l bar Zv itkmattdmartagem�c"Pt
�3 »
whidttha � d andapProvedbtheity,',
(45) Handicap Parking.
(a) Handicapped spaces. Parking spaces for the physically
handicapped shall have a stall width of thirteen (13) feet
unless the space is parallel to a pedestrian walk. Other
dimensions shall be the same as those for standard vehicles.
Any such spaces shall be designated as being for the
handicapped with a raised standard identification sign.
• 13
(b) Location. Handicap parking spaces shall be located as close
as possible to the nearest accessible building entrance,using
the shortest possible accessible route of travel. When
practical, the accessible route of travel shall not cross lanes
for vehicular traffic. When crossing vehicle traffic lanes is
necessary,the route of travel shall be designated and marked
as a crosswalk.
(c) Marking. Every handicap parking space located in a parking
lot that contains more than five(5)total parking spaces shall
be identified by a sign, centered between three (3) feet and
five (5) feet above the parking surface, at the head of the
parking space. The sign shall include the international
symbol of accessibility and state RESERVED, or equivalent
language.
(d) Each parking lot shall contain at least the minimum specified
number of handicap spaces as provided in the table below.
NUMBER OF HANDICAP PARKING SPACES
Total Parking Spaces in Lot Minimum Required Number of Accessible Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2%of total spaces
Over 1,000 20 spaces plus 1 space for every l00 spaces,or
fraction thereof,over 1,000
(50 Loading Zones. All development shall provide loading zones and
service areas adequately sized to accommodate the types of vehicles
14
. that use them. Such loading zones and service areas shall be
indicated on the development plan.
Section 11. That Section 3.3.2(F)(1) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(F) Off-Site Public Access Improvements.
(1) Streets, Alleys or Paths. All developments must have adequate
access to the city's Improved Arterial Street Network, as described
below,or to a street eenneetin4#q cdnneets to the ImprovedArterial
Street Network mat i3 I #e3€4reg eq rtcxnnexlts tttayb
33:3,33.'for Bets which t e adequate funds hwFe`beeaappropriated
"� � , .
by the city for improvement to improved Arterial 8treet
stftndffdq� i The developer of any property which
P 3,ax.....xY„A„333,33 i3 A.a
does not have such access to an Improved Arterial Street erte as
wterial street with ftmds appropriated for improvement as deseribe4
abeveQr wbt�;lt Ab Wch ad*,"lam eonaect:to
th3 +ed'Axte shall be required to improve
the impacted intervening streets as follows:
• (a �ttttterialt�l3 , gllector strets, such
sheetst€nprb Yen1S shall Ct nstet, at;, a rtu# tuln of
anstruc#mg athirty-six foot wide paved street cross section
on a base that is adequate to accommodate the ultimate design
of the street either(1)as designated on the Master Street Plan,
or(2) in accordance with the city design criteria for streets,
whichever is applicable'.
(b) Ft r all' othe stye 3 3ql ssrfiea#rons, the of to sheet
improvemethti dagted apd eorsstt}tct? to,s#y
. ttlti�limttrgl,,Curb,$tttEer stdevualk
Wtd pa me
(c) "All mter eft that cod eet t4 the Irt3prgved Arterial':
greet , filetl4tl shall include the width and
improvements necessary to maintain a level of service as
defined by Part H of the City of Fort Collins Multi-modal
Transportation Level of Service Manual for the length
required to connect to the Improved Arterial Street Network.
• 15
The off-site street(s) and sidewalks to be improved shall be the
street routes that will,in the judgment of
the ty TrfflG) $trier carry
the most trips (per travel mode) generated by the development as
definedby the Transportation Impact Study required by Section 3.6.4.
To identify the streets to be improved as a condition of approval of
the development, the „ity
t} n shall utilize a map entitled the "Improved Arterial Street
Network"depicting, as nearly as practicable, (T)all existing arterial
and collector streets in the city; and ( the current structural
condition of the same. A waiver to these requirements may be
granted by the City Engineer for streets which,in the judgment of the
City Engineer, are in substantial compliance with the city standards
applicable for the street and are designed hid t#� t(td to
adequately accommodate the traffic impacts of the development.
Section 12. That Section 3.5.3(B)(1)of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(1) Orientation to a Connecting Walkway. At least one(1)main entrance
of any commercial or mixed-use building shall face and open directly
onto a connecting walkway with pedestrian frontage Affybbildiogj
Frays httcllor smce �, Pr
.._m .,....
iitt tYtrttt if 3tlfr ,r 'j, rn rli} F t CCe5S 8 tttlrme �13oft
A
v.. ,r ,..
suntF r ( 3 " 'se ,C iasI3sell.s .,,sk}
vstsrehonses h Ii be erI�ftt ft," tht See Figure 10.
Section 13. That Section 3.5.3(B)(2)of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(2) Orientation to Build-to LinesforStreetfrontBuildings. Build-tolines
based on a consistent relationship of buildings to the street sidewalk
shall be established by development projects for new buildings and,
to the extent reasonably feasible, by development projects for
additions or modifications of existing buildings, in order to form
visually continuous,pedestrian-oriented streetfronts with no vehicle
use area between building faces and the street.
(a) To establish "build-to" lines, buildings shall be located and
designed to align or approximately align with any previously
established building/sidewalk relationships that are consistent
with this standard #3.cebrdtnglY,,:, t leastthrty(30)percent of
16
the tcl t01
N i„ the �} lk alnn theirtht111e
ee[t a�1r"[fir IC1,lc#t ar tracts.
mtltipl 'lidltsTl ? eltirh tp I�asttwa
}tSftb Ct?Ct U 3) r,91 d bolo* tf}asti8et'
cc 7f tTiere is 11d i E n(2 b..iticste ear tet then;
t �ttldtn rt he built tts tl cor�tt r thak? prtlld to
h , .3 8d i a 6 a850C18 ''1"lItlI h!diliii3ild ng•
(b) Buildings shall be located no more than fifteen(15)feet from
the right-of-way of an adjoining street if the street is smaller
than a full arterial or has on-street parking.
(c) Buildings shall be located at least ten(10) and no more than
twenty-five (25) feet behind the street right-of-way of an
adjoining street that is larger than a minor arterial that does
not have on-street parking.
(d) Exceptions to the build-to line standards shall be permitted:
1. in order to form an outdoor space such as a plaza,
courtyard,patio or garden between a building and the
sidewalk. Such a larger front yard area shall have
. landscaping, low walls, fencing or railings, a tree
canopy,and/or other similar site improvements along
the sidewalk designed forpedestrian interest,comfort
and visual continuity.
2. if the building is adjacent to a full arterial or major
arterial street,and the Director has determined that an
alternative to the street sidewalk better serves the
purpose of connecting commercial destinations due to
one (1) or more of the following constraints:
a. high volume and/or speed of traffic on the
adjacent street(s),
b. landform,
C. an established pattern of existing buildings
that makes a pedestrian-oriented streetfront
infeasible.
• 17
Such an alternative to the street sidewalk must include
a connecting walkway(s) and may include internal
walkways or other directly connecting outdoor spaces
such as plazas, courtyards, squares or gardens.
3. in the ease of a large building with ,
elziele-related or other uses that have little
relationship to pedestrians,or that ha-ve ft need te liretit
feasible for the efftire building. The design of stteh a
portion of a faeade to et build to line by extentling at
least thirty(3 9)pereent afene(1)side of the building
to a build to line. (See Figure 11.)
4 . in the case of Large Retail Establishments,
Supermarkets or other anchor-tenant buildings that
face internal connecting walkways with pedestrian
frontage in a development that includes additional
outlying buildings adjacent to the street(s).
34. if a larger or otherwise noncompliant front yard area
is required by the city to continue an established
drainage channel or access drive,tsii tSklter 4ient
Section 14. That Figure 11 referred to in Section 3.5.3(B)(2)(d)3. is hereby deleted and
all subsequent Figures be renumbered.
Section 15. That Section 3.5.5(B)(2)of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(2) Permitted Uses. Permitted uses include retail stores, personal and
business services, convenience greeeryfetai stores (with accessory
gas pumps),restaurants without drive-up windows,equipment rental
(not including outdoor storage),professional offices,limited banking
services such as automated teller machines,multi-family dwellings,
medical offices and clinics,small animal veterinary clinics,and day-
care services.
Section 16. That Section 3.8.7(C)(1) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
18
. (1) Limitations forResidential Districts and Uses. Signs in the N-C-L,N-C-M,
U-E, R F R-L, L M-N, M-M-N, H-M-N,N-C-B, R-C and P-O-L Districts
may include and shall be limited to the following:
Section 17. That Section3.8.11 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
3.8.11 Fences and Walls
Fencing and walls shall meet the following standards:
(+ ) If used along collector or arterial streets,such features shall be made visually
interesting and shall avoid creating a"tunnel' effect. Compliance with this
standard may be accomplished by integrating architectural elements such as
brick or stone columns,incorporating articulation or openings into the design,
varying the alignment or setback of the fence, softening the appearance of
fence lines with plantings,or similar techniques. In addition to the foregoing,
and to the extent reasonably feasible, fences and sections of fences that
exceed one hundred(100) feet in length shall vary the alignment or setback
of at least one-third (1/3) of the length of the fence or fence section (as
applicable) by a minimum of five(5) feet.
. (-2#) Materials: Chain link fencing with or without slats shall not be used as a
fencing material for screening purposes. Except as permitted below, no
barbed wire or other sharp-pointed fence and no electrically charged fence
shall be installed or used in any zone districts. In the Employment District
and the Industrial District,the Director may grant a revocable use permit that
must be renewed every three (3) years for installation of security arms and
barbed wire strands atop protective fences or walls, provided that the
following conditions are met:
(al) The lowest strand of barbed wire is maintained at least ten(10)feet above the
adjoining ground level outside the fence.
(452) Exterior area security lighting controlled by an automatic light level switch
is installed and maintained in good operating condition.
(e3) Such lighting is directed into the site and not outward toward the perimeter.
(4Q Fences or walls shall be:
19
(al) no more than four (4) feet high between the front building line and front
property line;
(13,2) no more than four (4) feet high if located in the front yard, or within any
required side yard setback area in the front yard, except if required for
demonstrated unique security purposes;
(e3) no more than six(6)feet high if located within any required rear yard setback
area or within any side yard setback area in a rear yard;
(44) no more than forty-two(42)inches in height when located within the visual
clearance triangle described in Section 3.2.1(L), and,if over thirty-two(32)
inches in height within such triangle,fences shall be constructed of split rail
with a minimum dimension of twelve (12) inches between horizontal
members.
... Fpr pct osesfeoct, � be
,� ' * jlzstaztee
from the top os 1 ettG ta tfs t 1111
1 ;? 1 ' # eczY
undeefenee,arw Yell»! F�° stt�nlar �����tttt �d�ytrYe'
g WIN'purpose' 3�e P 4is
the fenoe cr wa1151
Section 18. That Section 3.8.19(B) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(B) Contextua[Setbacks. Regardless of the minimum front setback requirement
imposed by the zone district standards of this Land Use Code, applicants
shall be allowed to use a "contextual' front setback. A "contextual" front
setback may fall at any point between the front setback required in the zone
district and the front setback that exists on a lot that is adjacent and oriented
to the same street as the subject lot. If the subject lot is a comer lot, the
"contextual"setback may fall at any point between the zone district required
front setback and the front setback that exists on the lot that is abutting and
oriented to the same street as the subject lot. If lots on either side of the
subject lot are vacant, the setback hall be
interpreted as the minimum required front setback that applies to the vacant
lot. This provision shall not be construed as requiring a greater front setback
than that imposed by the underlying zone district, and it shall not be
construed as allowing setbacks to be reduced to a level that results in right-of-
way widths below established minimums.
20
• Section 19. That Section 4.4(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. The Low Density Mixed-Use Neighborhood District is intended to
be a setting for a predominance of low density housing combined with
complementary and supporting land uses that serve a neighborhood and are
developed and operated in harmony with the residential characteristics of a
neighborhood. The main purpose of the District is to meet a wide range of
needs of everyday living in neighborhoods that include a variety of housing
choices, that invite walking to gathering places, services and conveniences,
and that are fully integrated into the larger community QYI' � of
street$x tS1Qcs, d4 lt)tica A neighborhood center provides a focal
point, and attractive walking and biking paths invite residents to enjoy the
center as well as the small neighborhood parks. Any new development in
this district shall be arranged to form part of an individual neighborhood.
Typically,Low Density Neighborhoods will be clustered around*#', r
with a Medium Density Mixed-Use Neighborhood with a Neighborhood
Commercial Center at its core. For the purposes of this Division, a
neighborhood shall be considered to consist of approximately eighty(80)to
one hundred sixty (160) acres,with its edges typically consisting of major
streets, drainageways, irrigation ditches, railroad tracks and other major
. physical features.
Section 20. That Section 4.4(13)(2)(a)4. of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
4. Multi-family dwellings (limited to aim-E*ght 181 or
less dwellarig units per building).
Section 21. That Section 4.4(B)(2)(c)3. of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
3. Neighborhood centers consisting of at least two(2)of
the following uses: mixed-use dwelling units; retail
stores with less than five thousand(5,000)square feet
of gross floor area; convenience greeepyr W stores;
personal and business service shops; small animal
veterinary facilities; offices, financial services and
clinics containing less than five thousand (5,000)
square feet of gross floor area; community facilities;
21
neighborhood support/recreation facilities; schools,
child care centers;and places of worship or assembly.
Section 22. That Section 4.4(B)(3)(c)1.of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
1. Neighborhood centers consisting of one(1)or more of
the following uses: standard and fast food restaurants;
artisan and photography studios and galleries; or
convenience greeeryMWI.stores with fuel sales that
are at least three-quarters (%) mile from any other
such use and from any gasoline station;provided that
such use or uses are combined with at least one (1)
other use listed in Section 4.4(B)(2)(c)(3) above.
Section 23. That Section 4.4(D)(1)(c) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(c) The maximum density of any phase in a multiple-phase
development plan shall be twelve (12) dwelling units per
gross acre of residential land„ #dWd
the ?ttcas(fir
W*10 l s hall k tlW9,"o'
uiuts la acre �il Iani.
Section 24. That Section 4.4(D)(2)(c)6.of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
6. Multi-family dwellings (limited to si�t�191
dwelling units per building);
Section 25. That Section 4.4(D)(3)(c) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(c) Land Use Requirements. A neighborhood center shall include
two (2) or more of the following uses. ;"W' , t1SC lweliz�g
s community facilities;neighborhood support/recreation
facilities; schools; child care centers; places of worship or
assembly;convenience retail stores;offices,financial services
and clinics; personal or business service shops; standard or
fast food restaurants; small animal veterinary clinics; and
artisan or photography studios or galleries. No drive-in
22
facilities shall be permitted. A neighborhood center shall be
a maximum of five(5)acres in size,excluding schools,parks
and outdoor spaces as defined in subparagraph (e) of this
Section.
Section 26. That Section 4.4(E)(2)(b) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(b) Maximum Size. No building footprint shall exceed a
total of twenty thousand(20,000)square feet,with,
Section27. That Section 4.4(E)ofthe Land Use Code of the City of Fort Collins is hereby
amended by adding a new subparagraph (4)to read as follows:
(4) , 3;3 � 3P� 7uittmal 3' y, },x $dare
Iayi p3m{�_:1�gPPW I[[ 333l'..] 3y hy���'jI,3 ,„gS:is
[4AT�t+ �?3�YRy�.pl ?l �3 1MOM
� xos 3t ? s� other
eh� r,ifG 4 t lfi ,a,fc7 theme of 7 ' a
dwel auto,,$Li Lhyt 8 133rger btttldttts can lt11etiCa1
ute dttttttthe Owl 4 e vu g sp8c fi0
4 3311vT'^^ 3�,�.. 33)])3.�33�33`f
nisnlrtnairflna3P\Vlow
7 __. rabfs
s be culatcl tt le '�. 3i 9Ag
et�itients%
1. changes to platee antt: leton:.
2., dorm'e a!Opl s ar elecestaties:
transatt us vseccnaadary Hof ''Oren ces>garages,
(?t11'Gh�",b�3�lttdows.'.
(b) —Facades and Walls Mach tzsltr fly 3� 1i , alx be
arkkcu ed prRPFUPWa O„ceces , !90"d„ ooriv4A
batcc7tiies,covered tic x' r „vvmdaws at�dr ion, urtilar
features, ttd lame 40dValls3 u huti "ualed
lYtbpoltlt7k3; 1� tS adleept`siagl fatspl011( s,
• 23
act z gat ltav zvc otdzac untlz , " t fated
?,
all ptte
Each multz Fatzrltyag ,slatl ferture �; are
erf utated r a least !y�3P an 9t th 6 b�e�exlGs',
ectzo or"Mgm cm Offsets �-tvo1
-fizclzdualzzel tzancs wzt3xuzzna1
yy� p� jy��}j
... .,,3,3 },. l?�a' T�3i,,. »,3mg
�hF
4t i> 13�'�Iy�. yiy N.}n.it1y.
tt :„3�3333 33tR: Ll W+� ll{4Y19.:
t ...... V,
t ,RWV4.f. , , .T37�33f33�,331fI �'r � `�..
dif��'ent 7�� As4°»i . 0 3�„?3, 311�3i.'33�3;�i,13�k.'' 'i�e'�0�4'Illt
�l1 I 11 IX(55'6'3�00,03,5909" '
ae zt least tbr"-, built gd i ps,3, a
atl � ���,��z'e„ sa�be zsz me�3�twa(��;szz�itar
iui tds placid nett to ca "#hey 3 a #treet`tr mar
istzuat +fir ttsWhM des- atip rnndes niftcant
vatza�k�fbc��t s �Zzd ,'arctulecturat el�va�t�s'
auc euUad�e , xtn a e 'de�taveratl tl ,�f
raafa�aiotsrtcros,andaazvicsv'
zme t trigs tat c i s r 33vari. . shall z l cae�sz 5vtety of
differeztG eb��aris afthe sa ,buzlclts features:'
(tl Ca1{arxtriamznbxuxjtdry{alfl
ateyap} tgtte Qf
ted. 13 3earth3e cdlars� }§15.
St�'a1�111L11��,�Golt�'�"�zste�k�ztlz 1tXCCItt
zzex � e "3ar,v3 3 muttle �ouetete , delapiYiectit
cau i ft leas forty 4t)l arttl;ztat zx[k 6'th' fifty=suc
24
dvpt Ming �'3� �f 3 tea�> tva( dt�ti3rlar
SOh iCs trs �R +OY4'l4}7ttretit 3For,
uCh YIt7ltidtartlg#t C1f�'t !RJR`A"lll(�()
dwethtgt , h$ ? e )apna dolor
chetnes used t s t.4 �e d elt tiaat Fo
)PtLVMS Y+t �,33will 3 �„'.pk. , p RR.�y yy44//}}{{♦]]y�. }q psi
3� f)�33� Tn NO—stl ' t .'3`: rl MlI1Xl MWFtRiiDy�3 W+
dv 3,v3, ..a„s„ ,..,,,,,,, f..3f .s ,,,✓ nAff i„
Section 28. That Section 4.5(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. The Medium Density Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial
district. Secondarily, a neighborhood may also contain other moderate-intensity
complementary and supporting land uses that serve the neighborhood. These
neighborhoods will form a transition and a link between surrounding neighborhoods
and the commercial core with a unifying pattern of streets and blocks. Buildings,
streets, bike and walking paths, open spaces and parks will be configured to create
• an inviting and convenient living environment.
1 his ,Illstna is bacuded t"a � l4i IF # I t 33�3� e. �5 "
till eighbWhoods i�the n N e,di d t d x 3 13 .. aI CDYe
(typically an ri ox = tie tt ,; 3 t �dniit tee'
districts to fmm irtegtal,tc lkk ,yt 'Pixtc
IDptrtedt3�' crety a
series of individual der TDp tet ?tvle s scry?ti l20"di t ;
Section 29. That Section 4.8(B)(1)(a) of the Land Use Code of the City of Fort Collins
is hereby amended by adding a new subparagraph 6. to read as follows:
6 ed use i elltu l ldudthatxtd' iielit utadditionso
trlor-atte € arc rti t the euihtg trtldtai , ar tlie'
dwelltttgs ate dDt tstt a vacant, OP, IF)rel wl ich
did 11Dt COITT 4""" t irre on Gctober'�
Section 30. That Section 4.8(B)(2)(a) of the Land Use Code of the City of Fort Collins
is hereby amended by adding a new subparagraph 4. to read as follows:
25
w CSC Si11t tn(8l a(lditiCt OF
iiCli ,...v v 3e
�'�fit�n�to axe existing bu�T ;r cup tli� elliri$s
&4 cNod bzi at�t parcel vahtch_ccar►tainC1 a
..
lructiirc t tObOr 25, 199
Section 31. That Section 4.12(B)(2)C. of the Land Use Code of the City of Fort Collins
is hereby amended by adding a new "Land Use"to read as follows:
Land Use Old City Center Canyon Avenue Civil Center
Exhibit halls Bp'
Section 32. That Section 4.13(B)(3)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of�new subparagraphs y3 and 4 to read as follows:
� �,i}a#t�rt�s�ll29.r1�and
4� NNIIIIHI B 1't1Git Wit
Section 33. That Section 4.14(B)(3)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 11 to read as follows:
pqpZ
Section 34. That Section 4.15(B)(2)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 21 to read as follows:
21 1?�H,tbit Tta11s
Section 35. That Section 4.16(B)(2)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 18 to read as follows:
18:: 1?xhihit halls.'
Section 36. That Section 4.17(B)(3)(b)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 12 to read as follows:
12 _ ,, Ei{bithall� .
Section 37. That Section 4.18(B)(2)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 38 to read as follows:
26
8 1 ; Oak
Section 38. That Section 4 19(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose The Neighborhood Commercial District is intended to be a mixed-
use commercial core area anchored by a supermarket or grocery store and a
transit stop. The main purpose of this District is to meet consumer demands
for frequently needed goods and services, with an emphasis on serving the
surrounding residential neighborhoods typically including amedium-density
mixed-use neighborhood. In addition to retail and service uses, the District
may include neighborhood-oriented uses such as schools, employment, day
care, parks, small civic facilities, as well as residential uses.
t �}f.y!N�. 3 } �yy. M $ a2ii P
y�."'ix`3�i�-,'1 M" 3MifM3,333TQ:s �i'��3'333�"�i§�,,, v�'.Sr.. ,is, q�4�i»'3f
,i✓3 ,.. w✓ ,e 3,, 8= 3�3�?.,c:< .,3�3 3
`(r"{ a .,, y ':✓e,.
develvprnre1# �? 333 an3 ; neteeip IFIR
a''
series u£ mdav�tc ¢Ijnse3ra»e dta
Section 39. That Section 4.20(B)(1)(c)of the Land Use Code of the City of Fort Collins
. is hereby amended by the addition of a new subsection 20 to read as follows:
t1 � btt)m1 ;
Section 40. That Section 4.21(D)(5)(a)of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(a) A minimum of two(2)housing types shall be required on any
residential portion of a development plan greater than ten(10)
acres but less than thirty(30) acres in size, including parcels
which are part of a phased development. A minimum of three
(3)housing types shall be required on any residential portion
of a development plan greater than thirty (30) acres in size,
including parcels which are part of a phased development.
3 4 Itst c� ruts es steal :be us el, satisfy
this,recurezient
I single f atly detftd dwellings.;
2: "Sit;g f 3:ttaette€l dwellings,
27
"o 4W, li�iii s,
Oft
3i33331• V;»3Iil3'gw-,- w,:
3 r.
Section 41. That Section 4.22(D)(6)(a)of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(a) A minimum of two(2)housing types shall be required on any
residential portion of a development plan greater than ten(10)
acres but less than thirty(30) acres in size,including parcels
which are part of a phased development. A inimumofthree
(3)housing types shall be required on any residential portion
of a development plan greater than thirty (30) acres in size,
including parcels which are part of a phased development.
T1I"M„ �) tyes shalbettsi" sati
th£�'itC�Ut�t=
po M"Mt?I ; tki�r tfti}1Y1fi3Ott€ fiu
2.
3333 su1F�ll
4. llb
'"' .'gtt5upiotttes
6 3d'd zags;
Section 42. That Section 4.22(E)(2)(b)of the Land Use Code of the City of Fort Collins
shall be deleted in its entirety.
28
peftion of the front faeade to the 4iteent street with no iraervening
ft4mt yard parking, provided that the streetfimt feeade adjoins a
rtat eemist of a blank waH. Inne ease shall the streetfreftfaeade be-
less than thirty (30) pereent ef the building Fromage.
Section 43. That Section 4.23(B)(2)(d)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 10�tQo�read as follows:
333�I3��I1) M4��.-,�ii„i,�3,3 3ii;,W:
Section 44. That Section 4.24(B)(1) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(1) The following uses are permitted in the H-M-N District, subject to
Building Permit review, provided that such uses are located on lots
that are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings containing no more than six
• BB,, hundred fifty(650) square feet of floor area.
+Y us 8€
l�i l that W's"g-,"to- 0- f`�
997s Ot k=
spizan e i i3� 1s Ct M ''
tA'' Il 1 "t?£ I
,33�
tCsiilGn ogeait cs ' n3 �t ;£adfl de11t;)g
cbatnuppg SzjXff tt f, 333333elltnd that.
3,f
x+�m�an�2�n�a�t�t��ol`� 'd stt��eGtt �ldprs�
(b ) Any use which is not hereafter listed as a permitted use in this
zone but which was permitted for a specific parcel of property
pursuant to the zone district regulations in effect for such
parcel on June 10, 1999; and which physically existed upon
such parcel on June 10, 1999; provided, however, that such
• 29
existing uses shall constitute a permitted use only on such
parcel of property.
(0* Institutional/PubHe Uses:
1. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
Section 45. Thatthe definition of"connecting walkway"in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
Connecting walkway shall mean(1) any street sidewalk or(2) any walkway that
directly connects a building entrance(s)to the street sidewalk
other eTigins and destiw6ans for pedestrians, ineluding but net limited to
without requiring pedestrians to walk across parking lots or driveways, around
buildings or feHew#,"O parking lot outlines which are not aligned to a logical
route.
Section46. Thatthe definition of"conveniencegrocery store"in Section 5.1.2 ofthe Land
Use Code of the City of Fort Collins is hereby amended to read as follows:
Convenience greeerp? store (also known as convenience store) shall mean a
retail store containing less than five thousand(5,000)square feet of gross floor area
which sells everyday goods and services which may include, without limitation,
ready-to-eat food products, groceries, over-the-counter drugs and sundries.
Section 47. That the definition of"convenience shopping center"in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Convenience shopping center shall mean a shopping and service center situated on
seven(7)or fewer acres with four(4)or more business establishments
exteripr located in a complex which is planned, developed and managed
as a single unit, and located within and intended to primarily serve the consumer
demands of adjacent employment areas. The principal uses permitted include retail
stores;.business services;convenience retail stores with fuel sales(possibly including
an accessory one-bay automatic carwash but not a multi-bay self-serve carwash);
personal business and service shops;standard or fast food restaurants(without drive-
up windows); liquor sales (for on- or off-premise consumption); beauty or barber
shops;dry-cleaning outlets;equipmentrental(not including outdoor storage);limited
indoor recreational uses; pet shops; and uses of similar character. Secondary uses
may include professional offices; limited banking services such as branch banks
30
(with limited drive-up facilities) and automated teller machines; multi-family
dwellings; medical offices and clinics; small animal veterinary clinics; child care
centers; and elderly day-care facilities.
Section 48. That the definition of "convenience stores with fuel sales (also known as
convenience store with fuel sales)"in Section 5.1.2 of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
Convenience stores with fuel sales (also known as convenience store with fuel
sales) shall mean a convenience greee " , store with also sells gasoline or other
fuel products.
Section 49. That the definition of"dwelling"in Section 5.1.2 of the Land Use Code of
the City of Fort Collins is hereby amended to read as follows:
Dwelling shall mean a building used exclusively for residential occupancy,
ptincluding single-family dwellings,two-family dwellings
and multi-family dwellings, and which contains: (a) a minimum of eight hundred
(800) square feet of floor area, or(b)in the case of a dwelling to be constructed on
the rear portion of a lot in the L-M-N,M-M-N,N-C-L,N-C-M,N-C-B,C-C-N,C-C-
R, H-C or E zone districts, a minimum of four hundred (400) square feet of floor
area, so long as a dwelling already exists on the front portion of such lot. The term
dwelling shall not include hotels,motels, tents or other structures designed or used
primarily for temporary occupancy. Any dwelling shall be deemed to be a principal
building.
Section 50. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended by the addition of a new definition of "exhibit hall' to read as follows:
xabtuU shah Pran 1 �34 b to
the e -ft, all
t les ar eo ectzblc ?� antek� vale 33 d�ii�aY Is
„ �SC1 " tlalllfltal t '£�9 ftltelti� aS
1 R3
Section 51. That the definition of"nightclub"in Section 5.1.2 of the Land Use Code of
the City of Fort Collins is hereby amended to read as follows:
Nightclub shall mean a bar or,s1pllbtJ 1[F�9talflihttyenE containing more
.,.,
than one hundred(100) square feet of dance floor area.
Section 52. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended by the addition of a new definition of"recreational vehicle,boat and truck storage"to read
as follows:
31
�11; w0i,Sf'S:;�; "'^f13,7,".; _
Introduced and considered favorably on first reading andorderedpublished in summary form
this 21st day of November, A.D. 2000, and to be presented for final passage on the 19th day of
December,A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of December,A.D. 2000.
Mayor
ATTEST:
City Clerk
32
Land Use Code Issues
Wednesday,November 15,2000
• Issue ID# Issue Name
314 General office parking ratio: is 3/1,000 sq. ft.maximum. Is this sufficient/adequate/too restrictive? (Task
Force).
315 Clarify what percentage of a mixed-use,inst. &commercial building has to be at or within the"build-to"line.
364 Revise stockpiling permit provisions to allow stockpiling during the review process.
365 Add"any use authorized pursuant to a" to the list of permitted uses in the HMN district.
366 How to determine height of fence when fence is placed on top of earth berm
367 Modify"nightclub"definition to include those establishments that serve non-alcoholic beverages.
368 Add R-F to the list of zone districts in 3.8.7(C)(1)of the Sign Code.
369 Change the wording of the next to last sentence in 3.2.2(A)(parking code)by deleting the word"minimum"in
order to clarify the purpose statement.
370 Clarify 3.2.2(K)(1)(b).Minimum off-street parking req's.for single family lots with a street frontage width of
exactly 40 feet-2 spaces required,not 1.
371 Add"mixed-use dwellings" to the list of uses in the NCB zone.
372 HC&E districts contain a"mix of housing type"standard,but does not contain a list of housing types that can
be used to satisfy the standard.
• 373 Amend section 3.8.19(B)--Contextual Setbacks-delete clause "that exists on such vacant lots"-since vacant
lots don't have a setback context.
378 Modify ZBA standards by which variances may be granted by adding the "equal to or better than.."clause to
provide greater flexibility.
381 Clarify the purpose statements of the L-M-N,M-M-N and N-C districts to better explain how all three work
together.
382 Consider raising the maximum number of multi-family units per structure in the L-M-N zone from 6 to 8.
385 Create a definition for RV,Boat,and Truck Storage.
386 Consider"outdoor storage"as a permitted principal use in the Industrial zone.
391 Amend the"Appeals"section so that appeals of Minor Amendments go to the P&Z Board first,rather than
directly to City Council.
392 Create a new definition for"Exhibit Hall"as a land use and decide the allowable zone districts.
393 Clarify the appeal route for Major Amendments(companion piece to#391).
394 Add a cap of 12 dwelling units per gross acre for any phase(Section 4.4(D)(1), and add design standards for
multi-family structures greater than a six-plex in the L-M-N zone as a new subsection under 4.4(D)(8)
(Companion piece to#382.)
395 Delete the 20,000 square foot maximum for schools in the L-M-N zone
397 Reconcile the inadvertent discrepancy between the definition of"convenience grocery store"as found in
Article 5 with"convenience retail store"as listed in the zone districts in Article 4 and references in Article 3.
•
Wednesday,November 15,2000 Page t of 2
Issue ID# Issue Name
398 Delete the clause"to the maximum extent feasible" from Section 2.1.4(C)(1)regarding the review criteria for
the abandonment of an approved plan. The clause conveys an unintended level of permissiveness in
interpreting the criteria.
399 Clarify that buildings on comers should be brought up to the comer,not just either street frontage(build-to
line)but the actual comer.Director discretion if multiple comers.
400 Request from The City Engineer to modify Section 3.3.2(F)(1)to allow a street with standard roadway width
less than 36 feet to be acceptable for off-site access if anticipated traffic volumes can be accommodated.
401 Clarify Section 3.5.3(B)(1)so that self-serve carwashes,mini-storage and similar uses that lack pedestrian
entrances are exempt from providing connecting walkways.
402 Clarify the defmition of"Connecting Walkway"to delete extraneous language and to emphasize connections
between buildings and street sidewalks.
403 Clarify the definition of"Convenience Shopping Center"to eliminate potential confusion so that"four or
more business establishments"cannot be located in one store.
404 Add"mixed-use dwelling units"to L-M-N Land Use Standards,4.4(D)(3)(c),in order to reflect that we added
"mixed-use dwelling units"as a Type One permitted use in Spring of 2000. This was an omission.
405 Clarify the definition of"Dwelling"to add the clause"and for permitted accessory uses"to remove potential
ambiguity of home occupations.
408 Add"Entertainment Facilities and Theatres"as a Type Two permitted use in the River Downtown
Redevelopment(R-D-R)Zone District
409 Add a reference in Art. One to the recently-completed Design Manual which provides examples and
explanations of the Land Use Code standards.
Wednesday,November 15,2000 page 2 of 2
0 Use Code Revisions
Annotated Ordinance Index
Ord.Section# Code Cite Revision Effect Issue
I 1.3.3 Add reference to Fort Collins Design Manual. 409 Add a reference in Art.One to the recently-completed
Design Manual which provides examples and
explanations of the Land Use Code standards.
2 2.1.4(Cyl) Clarifies the review criteria for abandonments. 398 Delete the clause"to the maximum extent feasible"
from Section 2.1.4(C)(I)regarding the review criteria
for the abandonment of an approved plan. The clause
conveys an unintended level of permissiveness in
interpreting the criteria.
3 2.2.10(A)(3) Adds the word"referral". 391 Amend the"Appeals"section so that appeals of Minor
Amendments go to the P&Z Board first,rather than
directly to City Council.
4 2.2.10(A)(4) Minor amendment appeals to go to P&Z first. 391 Amend the"Appeals"section so that appeals of Minor
Amendments go to the P&Z Board first,rather than
directly to City Council.
5 2.2.10(B) Adds the words"procedure/criteria"to the beginning 393 Clarify the appeal route for Major Amendments
paragraph,and re-numbers the paragraph. (companion piece to#391).
6 2.2.10(D) Deletes a paragraph due to re-numbering. 393 Clarity the appeal route for Major Amendments
(companion piece to#391).
7 2.6.2(A) Revise Stockpiling permit to allow stockpiling of fill 364 Revise stockpiling permit provisions to allow
during the review process. stockpiling during the review process.
8 2.10.2(H) Clarifies ZBA review criteria. 378 Modify ZBA standards by which variances may be
granted by adding the"equal to or better than.."clause
to provide greater flexibility.
9 3.2.2(A) Clarifies the general purpose statement for the"Access 369 Change the wording of the next to last sentence in
Circulation and Parking"standards. 3.2.2(A)(parking code)by deleting the word
"minimum"in order to clarify the purpose statement.
10 3.2.2(K)(2)(a) "General Office"uses no longer eligible for the 20% 314 General office parking ratio:is 3/1,000 sq.R.
increase. maximum. Is this sufficient/adequate/too restrictive?
(Task Force).
10 3.2.2(Kx1)(b) Clarify minimum off-street parking req's.for single family 370 Clarify 3.2.2(Kxl xb).Minimum off-street parking
lots with a street frontage width of exactly 40 feet. req's.for single family lots with a street frontage width
of exactly 40 feet-2 spaces required,not 1.
Wednesday,November 15,2000 Page 1 of 5
Ord.Section# Code Cite Revision Effect Issue
10 32.2(Kx2xa) Adds.75/employce as General Office parking 314 General office parking ratio:is 3/1,000 sq.B.
maximum. Retains parking structure incentive. New maximum. Is this sufftcientladequate/too restrictive?
flexible provisions for office use. (Task Force).
I 1 3.3.2(Fxl) Clarification with regard to offsite improvements for 400 Request from The City Enfincer to modify Section
streets and alleys that have a narrower cross-section than 3.3.2(Fxl)to allow a street with standard roadway
36 feet. width less than 36 feet to be acceptable for off-site
access if anticipated traffic volumes can be
accommodated.
12 3.5.3(Bxl) Clarification for certain exemptions to the"orientation to 401 Clarify Section 3.5.3(B)(1)so that self-serve
a connection walkway"standard. carwashes,mini-storage and similar uses that lack
pedestrian entrances are exempt from providing
connecting walkways.
13 3.5.3(131)(1xa) Clarifies building placement for comer lots. 399 Clarify that buildings on comers should be brought up
to the comer,not just either street frontage(build-to
line)but the actual comer.Director discretion if
ICI multiple comers.
13 3.5.3(Bx2)(a) Clarifies that 30%of a building's total length satisfies the 315 Clarify what percentage of a mixed-use,inst.&
build to line"standard. commercial building has to be at or within the"build-
to"line.
14 3.5.3(Bx2)(d)(3) Deletes a redundant subsection. 315 Clarify what percentage of a mixed-use,inst.&
commercial building has to be at or within the"build-
to"line.
15 3.5.5(B)(2) Change convenience"grocery"store to convenience 397 Reconcile the inadvertent discrepancy between the
"retail"store to clear up an inconsistency. definition of"convenience grocery store"as found in
Article 5 with"convenience retail store"as listed in
the zone districts in Article 4 and references in Article
3.
16 3.8.7(C)(1) Add R-F to the list of zone districts in 3.8.7(Cxl)of the 369 Add R-F to the list of zone districts in 3.8.7(Cxl)of
Sign Code. the Sign Code.
17 3.8.11 Clarifies that berms are included in measuring the fence 366 How to determine height of fence when fence is
height. placed on top of earth berm
18 3.8.19(B) Clarifies the standard. 373 Amend section 3.8.19(B)—Contextual Setbacks-
delete clause"that exists on such vacant lots"-since
vacant lots don't have a setback context.
19 4.4(A)Purpose. Clarifies that the LMN District works in conjunction with 381 Clarify,the purpose statements of the L-M-N,M-M-N
the MMN and the NC Districts. and N-C districts to better explain how all three work
together.
Wednesday,November 15,2000 Page 2 of 5
Ord.Section# Code Cite Revision Effect • Issue •
20 4A.(13)(2xa)(4) Increases the maximum number of Multifamily dwellings 382 Consider raising the maximum number of multi-family
in one building from 6 to 8. units per structure in the L-M-N zone from 6 to 8.
21 4.4.(B)(2xc)(3) Change convenience"grocery"store to convenience 397 Reconcile the inadvertent discrepancy between the
"retail"store to clear up an inconsistency, definition of"convenience grocery store"as found in
Article 5 with"convenieno2 retail store"as listed in
the zone districts in Article 4 and references in Article
3.
22 4.4(B)(3xc XI) Change convenience"grocery"store to convenience 397 Reconcile the inadvertent discrepancy between the
"retail"store to clear up an inconsistency definition of"convenience grocery store"as found in
Article 5 with"convenience retail store"as listed in
the zone districts in Article 4 and references in Article
3.
23 4.4(D)U)(c) Places a maximum gross density on any phase of Multi. 394 Add a cap of 12 dwelling units per gross acre fpr any _
family structures in LMN. phase(Section 4.4(Dxl),and add design standards for
multi-family structures greater than a six-plea in the L-
M-N zone as a new subsection under 4.4(Dx8)
(Companion piece to#382.)
24 4.4(D)92xc)(6) Allows a multi-family structure containing up to 8 382 Consider raising the maximum number of multi-family
dwelling units to be included in the"mix of housing"in units per structure in the L-M-N zone from 6 to 8. _
the LMN.
25 4A(D)(3)(c) Allows mixed-use dwelling units to be part of 404 Add"mixed-use dwelling units"to I:M-N land Use
ncighlxa'hood center in LMN. Staudm'ds,4.4(1)83)(c),in order to relied that we
added"mixed-use dwelling units"as a Type One
permitted use in Spring of 2000. This was an
omission. -
26 4.4(EH2)(b) Delete the 20,000 square foot maximum for schools in the 395 Delete the 20,000 square foot maximum for schools in
L-M-N zone the 1.M-N zone
27 4.4(E)(4) Adds minimum design standards for multi-family 382 Consider raising the maximum number of multi-family
dwellings containing more than 6 dwelling units. units per structure in the L-M-N zone from 6 to 8.
28 4.5(A)Purpose., clarifies that MMN District works in conjunction with the 381 Clarify the purpose statements of the L-M-N,M-M-N
LMN and the NC Districts. and N-C districts to better explain how all three work
together.
29 4.8(B)(1)(a) Add"mixed-use dwellings"to the list of uses in the NCB 371 Add"mixed-use dwellings"to the list of uses in the
zone. NCB zone.
30 4.8(B)(2)(a) Add"mixed-use dwellings"to the list of uses in the NCB 371 Add"mixed-use dwellings"to the list of uses in the
zone. NCB zone.
Wednesday,November 15,2000 Page 3 of 5
Ord.Section# Code Cite Revision Effect Issue
31 4.12(B)(2)(C) Add Exhibit hall as a BP use in the Old City Center 392 Create a new definition for"Exhibit Hall"as a land
subdistrict column,a Type 2 use in the Canyon Avenue use and decide the allowable zone districts.
column,and a Type 1 use in the Civic Center column.
32 4.13(B)(3)(c) Add"Entertainment Facilities and Theatres"as a Type 408 Add"Entertainment Facilities and Theatres"as a Type
Two permitted use in the River Downtown Two permitted use in the River Downtown
Redevelopment(R-D-R)Zone District Redevelopment(R-D-R)Zone District
32 4.13(B)(3)(c) Add Exhibit hall as a Type 2 use in the River 392 Create a new definition for"Exhibit Hall"as a land
Redevelopment District. use and decide the allowable zone districts.
33 4.14(Bx3)(c) Add Exhibit hall as a Type I use in the Community 392 Create a new definition for"Exhibit Hall"as a land
Commercial District use and decide the allowable zone districts.
34 4.15(B)(20(C) Add Exhibit hall as a Type I use in the Community 392 Create a new definition for"Exhibit Hall"as a land
Commercial-North College District use and decide the allowable zone districts.
35 4.16(B)(2)(c) Add Exhibit hall as a Type 1 use in the Community 392 Create a new definition for"Exhibit Hall"as a land
Commercial-Poudre River District use and decide the allowable zone districts.
36 4.17(Bx2)(c) Add Exhibit hall as a Type 2 use in the Commercial 392 Create a new definition for"Exhibit Hall"as a land
District use and decide the allowable zone districts.
37 4.18(Bx2)(c) Add Exhibit hall as a Type 1 use in the Commercial- 392 Create a new definition for"Exhibit Ilall"as a land
North College District use and decide the allowable zone districts.
38 4.19(A) Purpose Clarifies that the N-C District works in conjunction with 381 Clarify the purpose statements of the L-M-N,M-M-N
the LION Districts. and N-C districts to betterexplain how all three work
together.
39 4.20(B)(I xc) Add Exhibit hall as a BP use in the Limited Commercial 392 Create a new definition for"Exhibit Hall"as a land
District use and decide the allowable zone districts.
40 4.2 1(D)(5)(a) Adds a list of housing types that can be used to satisfy the 372 HC&E districts contain a"mix of housing type"
mix of housing types requirement in the H-C district. standard,but does not contain a list of housing types
that can be used to satisfy the standard.
41 4.22(D)(6xa)(2) Adds a list of housing types that can be used to satisfy the 372 HC&E districts contain a"mix of housing type"
mix of housing types requirement in the E district. standard,but does not contain a list of housing types
that can be used to satisfy the standard.
42 4.22(E)(2)(b) Deletes a redundant sub-section that is now covered in 315 Clarify what percentage of a mixed-use,inst.&
Art.3"build to line". commercial building has to be at or within the"build-
to"line.
43 4.23(B)(2)(d) Add"Outdoor Storage"as a principal use to the 1 386 Consider"outdoor storage"as a permitted principal
Industrial district. use in the Industrial zone.
Wednesday,November 15,2000 Page 4 of 5
Ord.Section# Code Cite Revision Effect Issue
44 4.24(B)(I xb) Clarifies Building Permit uses in the H-M-N-zone. 365 Add"any use authorized pursuant to a" to the list of
permitted uses in the HMN district.
45 5.1.2 Clarify the definition of"Connection Walkway". 402 Clarify the definition of"Connecting Walkway"to
delete extraneous language and to emphasize
connections between buildings and street sidewalks.
46 5.1.2 Change the definition of convenience"grocery"store to 397 Reconcile the inadvertent discrepancy between the
convenience"retail"store. definition of"convenience grocery store"as found in
Article 5 with"convenience retail store"as listed in
the zone districts in Article 4 and references in Article
3.
47 5.1.2 Clarify the definition of"Convenience Shopping Center". 403 Clarify the definition of"Convenience Shopping
Center"to eliminate potential confusion so Thal"four
or more business establishments"cannot be located in
one store.
48 5.1.2 Amend the definition of"Convenience Stores with Fuel 397 Reconcile the inadvertent discrepancy between the
Sales"to delete the reference to"grocery"and add the definition of"convenience grocery store"as found in
reference"retail." Article 5 with"convenience retail store"as listed in
the zone districts in Article 4 and references in Article
3.
49 512 Clarify the definition of"Dwelling"to add the clause"and 405 Clarify the definition of"Dwelling"to add the clause
for permitted accessory uses"to remove potential "and for permitted accessory uses"to remove potential -
ambiguity of hone occupations. ambiguity of home occupations.
50 5.1.2 Add a definition of"Exhibit Hall". 392 Create a new definition for"Exhibit Hall"as a land
5.1.2 Definitions. use and decide the allowable zone districts.
51 5.1.2 Revise definition of"night club"to include non-alcoholic 367 Modify"nightclub"definition to include those
establishments. establishments that serve non-alcoholic beverages.
52 5.1.2 Revise definition of"Recreational Vehicle,Boat and 385 Create a definition for RV,Boat,and Truck Storage.
Trcuk Storage."
Wednesday,November 15,2000 Page 5 of 5
Land Use Code Maintenance Process
• Annotated Issue List
314 General office parking ratio: is 3/1,000 sq.ft.maximum. Is this sufficient/adequate/too
restrictive? (Task Force).
Problem Statement
The maximum allowable parking for General Office may be too low for certain office
users. The alternative compliance section may need to be revised to reflect the unique
needs of general offices where there is less square footage per employee than in
traditional office settings. In today's business environment,there is a wide range of
building usage in offices. Flexibility needs to be provided to reflect that an office could
house high tech,call centers,or corporate headquarters,all of which have different space
and parking needs.
Proposed Solution Overview
Based on input from a citizen task force,Staff recommends adding a new measurement:
that reflects how efficiently offices are used today rather than gross leasable square
footage. The new measurement, .75 space per employee on the largest shift,rewards
efficiency. The incentive for a parking structure is retained. A new"exception to the
standard"provision would allow an increase in.75 up to but not exceeding one space per
employee.
Related Code Revisions
Ord,Section Code Cite Revision Effect
10 3.2.2(K)(2)(a) Adds.75/employee as a General Office parking maximum.
Retains parking structure incentive. New flexible
provisions for office use.
10 3.2.2(K)(2)(a) "General Office"uses no longer eligible for the 20%
increase.
315 Clarify what percentage of a mixed-use,inst.&commercial building has to be at or within
the "build-to" line.
Problem Statement
This item is for clarification only. The current standard for commercial buildings in
3.5.3(B)(2)does not a specify whether placing any part of a building within the Build-to
Line meets the standard,or,whether the"front wall"of the building must be placed
entirely within the Build-to Line area.Works in conjunction with issue 399 regarding
bringing buildings up to the street comer.
This item includes a related strikeout of a paragraph in the E Employment zone district.
This item#315 makes the paragraph purely redundant and confusing. The strikeout is
purely for consistency and clarity,not content.
Proposed Solution Overview
Adapt the current provision in 3.5.3(B)(2)(d)3,under which a building can contribute
only 30%of a facade to the Build-to Line,into a standard that applies to the whole Build-
to Line Section instead of applying only as a particular Exception.
Also,delete paragraph 4.22(E)(2)(b)as it now becomes redundant.
Related Code Revisions
• Ord.Section Code Cite Revision Effect
Wednesday,November 15,2000 Page 1 of 16
13 3.5.3(B)(2)(a) Clarifies that 30%of a building's total length satisfies the
'build to line"standard.
14 3.5.3(B)(2)(d)(3) Deletes a redundant subsection.
42 4.22(E)(2)(b) Deletes a redundant sub-section that is now covered in Art.
3"build to line".
364 Revise stockpiling permit provisions to allow stockpiling during the review process.
Problem Statement
A developer has pointed out that the restriction that prevents stockpiling during the
development review process is too restrictive at a time when the developers are most
aware and in search of fill material. The restriction is a hardship that they believe is
unnecessary.
Staff s reason for not allowing stockpiling during the development review process is that
the surrounding public is most aware of the development proposal at that time. It could
give an appearance,although not correct,that development has already begun and which
could complicate the public review process.
The question is how far should the City go to reduce such potential controversy versus
just providing the public with the facts. The City is the one that experiences the criticism
of"allowing development before the public hearing process." Can we protect the public
interests adequately by stating that the stockpiling is not approving a development?
Proposed Solution Overview
Amend the Land Use Code to approve stockpiling at any time. In addition a add
statement to the Permit and Permit application that states that the approval of the
stockpiling does not constitute a land use approval for any development that may be
under review by the City. The statement provides two things. First the Developer who
signs the permit will know that stockpiling is in no way an approval for any development
beyond the stockpiling. Second the statement will serve as a disclaimer for the City that
could point out to a concerned citizen that no further development is approved.
Related Code Revisions
Ord,Section Code Cite Revision Effect
7 2.6.2(A) Revise Stockpiling permit to allow stockpiling of fill during
the review process.
365 Add "any use authorized pursuant to a" to the list of permitted uses in the HNIN district.
Problem Statement
The HMN district is a new district that was added to the Code last year. Section
4.24(B)(1)of the HMN regulations lists the permitted Building Permit review uses in the
district. The current list of such uses is almost identical to the list of Building Permit
review uses allowed in every other district. However,when the HMN district was
codified last year,staff accidently omitted one Building Permit Review use that is allowed
in every other district. Specifically,the'Building Permit use that allows uses that have
already been approved pursuant to a site specific development plan' was left out in error.
Without this use being included,certain uses would have to be approved twice before a
permit can be issued. For example,if a 10 building,multi-family development is
approved in the HMN zone,the missing section is the section that would allow a building
permit to be issued for each of the individual buildings without the need for further
review. However,if the missing section is not put back in,then it would be necessary for
each of the 10 buildings to go through a separate Type 1 review, even though the
development as a whole already received Type 1 approval.
Wednesday,November 15,2000 Page 2 of 16
Proposed Solution Overview
The HMN district regulations should be amended by adding the following use as a new
Section 4.24(B)(1)(b)and renumbering the remaining sections in 4.24(B)(1). This added
use appears in every other district and was inadvertently omitted when the HMN
regulations were drafted.
Related Code Revisions
Ord.Section Code Or Revision Effect
44 4.24(B)(1)(b) Clarifies Building Permit uses in the H-M-N-zone.
366 How to determine height of fence when fence is placed on top of earth berm
Problem Statement
The fence regulations limit the height of fences that are located in the front yard to a
maximum of 4 feet and the height of fences that are located elsewhere on a lot to 6 feet.
However,it is not clear how the height of a fence is determined. For instance,is the
height strictly the vertical height of the picket or masonry,or is it the distance from the
grade under the fence to the top of the fence? And if you measure from the grade to the
top of the fence,what is the grade? Staff has noticed instances where homeowners are
artificially berming up the grade and then constructing a fence on top of the berm. In the
front yard,instances have been noticed where homeowners have constructed an
approximate 2 foot high berm and then erected a 4 foot high picket fence on top of the
berm. The result is a 6 foot high`barrier'but only a 4 foot high fence. The intent
though is to limit the height of the 'barrier' to 4'overall. However,without clarifying the
language in the Code,staff is not able to require such situations to be corrected.
Proposed Solution Overview
In order to ensure that fences do not exceed the intended maximum height by means of
artificially raising the grade,a new subsection(4)should be added to Section 3.8.11 of
the Code as follows:
(4)For the purposes of this Section,the height of a fence or wall shall be the distance
from the top of the fence or wall to the original finished grade of the lot directly under
the fence or wall. Any berm,wall,or similar feature that is constructed for the purpose
of increasing the height of a fence or wall shall be considered to be a part of the fence or
wall.
Related Code Revisions
Ord.Section Code CUle Revision Effect
17 3.8.11 Clarifies that berms are included in measuring the fence
height.
367 Modify "nightclub" definition to include those establishments that serve non-alcoholic
beverages.
Problem Statement
A Nightclub is currently defined as"...a bar containing more than one hundred(100)
square feet of dance floor area". A Bar is defined as"...an establishment providing or
dispensing fermented malt beverages,and/or malt,special malt,vinous or spirituous
liquors...". Therefore,a nightclub has to be a dance place that serves liquor. If they
don't serve liquor,there's currently no use to which such an establishment can be
categorized,and therefore a non-alcoholic nightclub is not a permitted use anywhere.
Staff recently received a request from an applicant to convert a downtown building to a
non-alcoholic nightclub. After explaining that it would only be allowed if they served
. alcohol,the applicant submitted a letter describing the proposed use. Pursuant to Section
Wednesday,November 15,2000 Page 3 of 16
1.3.4(A)of the LUC,CPES Director Greg Byrne added non-alcoholic nightclubs as a
permitted use. When the Director exercises such authority,Section 1.3.4(A)requires that
his decision be reviewed by the City Council. The Council may then decided to 1)
permanently add the use to the Code, 2)not add the use to the Code,or 3)amend the
definition of Nightclub to include facilities that do not serve alcoholic beverages.
Proposed Solution Overview
Staff recommends that the definition of Nightclub in Section 5.1.2 of the LUC be
amended as follows in order to allow a dance facility to operate whether or not alcohol is
served:
Nightclub shall mean a bar or similar non-alcoholic establishment containing more than
one hundred(100)square feet of dance floor area.
Related Code Revisions
Ord.Section Code Cite Re ision Effect
51 5.1.2 Revise definition of"night club"to Include non-alcoholic
establishments.
368 Add R-F to the list of zone districts in 3.8.7(C)(1)of the Sign Code.
Problem Statement
Section 3.8.7(C)(1)of the LUC lists numerous zone districts in which certain sign
standards and limitations apply. Staff has discovered that the R-F district was
inadvertently left off the list. Therefore,no signs of any kind are allowed in the RF
district,including such signs as"for sale'or"election"signs.
Proposed Solution Overview
Section 3.8.7(C)(1)of the LUC should be amended as follows:
(1)Limitations for Residential Districts and Uses. Signs in the N-C-L,N-C-M,U-E,R-
F,R-L,L-M-N,M-M-N,H-M-N,N-C-B,R-C,and P-O-L Districts may include and
shall be limited to the following:
Related Code Revisions
Ord.Section Code Cite Revision Effect
16 3.8.7(C)(1) Add R-F to the list of zone districts in 3.8.7(C)(1)of the
Sign Code.
369 Change the wording of the next to last sentence in 3.2.2(A)(parking code)by deleting the
word "minimum" in order to clarify the purpose statement.
Problem Statement
Prior to the adoption of the Land Use Code in 1997,the parking supply requirements for
commercial uses were expressed in terms of minimum numbers needed. However,the
supply requirements for commercial uses changed from minimum to maximum numbers
with the adoption of the LUC. The parking code purpose statement states in part that
...This section sets forth minimum parking requirements in terms of numbers and
dimensions...".
While it is true that the parking code sets forth the minimum requirements for parking
standards in terms of landscaping and laying out a parking lot, the code also establishes
the maximum number of parking spaces allowed for nonresidential uses. It is confusing
to state that the purpose of the parking regulations is to set forth the minimum parking
requirement for the maximum number of spaces allowed.
Proposed Solution Overview
Wednesday,November 15,2000 Page 4 of 16
In order to clarify the language,the next to last sentence in Section 3.2.2(A)should be
amended by deleting the word"minimum"as follows:
(A)Purpose. This Section is intended to ensure that the parking and circulation aspects
of all developments are well designed with regard to safety, efficiency and convenience
for vehicles,bicycles,pedestrians and transit,both within the development and to and
from surrounding areas. Sidewalk or bikeway extensions off-site may be required based
on needs created by the proposed development. This Section sets forth parking
requirements in terms of numbers and dimensions of parking stalls,landscaping and
shared parking. It also addresses the placement of drive-in facilities and loading zones.
Related Code Revisions
Ord.Section Code Revision Effect
9 3.2.2(A) Clarifies the general purpose statement for the"Access
Circulation and Parking"standards.
376 Clarify 3.2.2(K)(1)(b).Minimum off-street parking req's.for single family lots with a street
frontage width of exactly 40 feet-2 spaces required,not 1.
Problem Statement
Section 3.2.2(K)(1)(b)of the LUC contains parking requirements for single family lots
that have a street frontage width that is greater than 40'and for such lots that have a
frontage of less than 40'. However,the wording is such that there is no requirement for
off-street parking if the lot has exactly 40 feet of street frontage.
Proposed Solution Overview
Section 3.2.2(K)(1)(b)should be amended to read as follows in order to require parking
when a lot has exactly 40' of frontage:
• (b)Single-Family Detached: For each single-family dwelling there shall be one(1)
parking space on lots with greater than forty(40)feet of street frontage or two(2)
parking spaces on lots with forty(40)feet or less of street frontage.
Related Code Revisions
Ord.Section Code Cite Revision Effect
10 3.2.2(K)(1)(b) Clarify minimum off-street parking req's.for single family
lots with a street frontage width of exactly 40 feet.
371 Add "mixed-use dwellings" to the list of uses in the NCB zone.
Problem Statement
A mixed-use dwelling is defined as"a dwelling that is located on the same lot or in the
same building as a nonresidential use". The NCB district allows offices, personal service
shops, and multi-family dwellings as principle uses. It is the only district that allows
nonresidential uses and multi-family dwellings as principal uses,without also allowing
mixed-use dwellings. It makes sense that if the NCB allows offices and multi-family
dwellings,both uses ought to be allowed on the same lot or in the same building.
Proposed Solution Overview
The list of permitted Building Permit Review uses and Type 1 uses in the NCB should be
amended by adding a new number(6)to Section 4.8(B)(1)(a)and a new number(4)to
Section 4.8(B)(2)(a)as follows:
4.8(13)(1)(a)
(6)Mixed-use dwellings,provided that no structural additions or exterior alterations are
made to the existing building,or the dwellings are constructed on vacant lot or a parcel
Wednesday,November 15,2000 Page 5 of 16
which did not contain a structure on October 25, 1991.
4.8(B)(2)(a)
(4)Mixed-use dwellings which propose structural additions or exterior alterations to the
existing building,or the dwellings are to be constructed on a lot or parcel which
contained a structure on October 25, 1991.
Related Code Revisions
Ord.Section Qo&Cite Revision Effect
29 4.8(B)(1)(a) Add"mixed-use dwellings"to the list of uses in the NCB
zone.
30 4.8(B)(2)(a) Add"mixed-use dwellings"to the list of uses in the NCB
zone.
372 EIC&E districts contain a"mix of housing type"standard,but does not contain a list of
housing types that can be used to satisfy the standard.
Problem Statement
The Spring 2000 Code change ordinance added a section to the land use standards of both
the HC and E districts entitled Mix of Housing Types. This same standard is found in
other districts that require a mix of housing types,but those district standards also contain
a listing of the housing types that can be used to satisfy the required"mix". This listing
for the HC and E districts was accidentally omitted from the Spring 2000 ordinance.
Proposed Solution Overview
Add a new subsection(e)to Section 4.21(D)(5)of the HC District and to Section
4.22(D)(6)of the E District to include these missing standards.
Related Code Revisions
Ord.Section Code Cite Revision Effect
40 4.21(0)(5)(a) Adds a list of housing types that can be used to satisfy the -
mix of housing types requirement in the H-C district.
41 4.22(D)(6)(a)(2) Adds a list of housing types that can be used to satisfy the
mix of housing types requirement in the E district.
373 Amend section 3.8.19(B)—Contextual Setbacks-delete clause"that exists on such vacant
lots"-since vacant lots don't have a setback context.
Problem Statement
The Contextual Setbacks standard in 3.8.19(B)contains a sentence that states that"If lots
on either side of the subject lot are vacant,the setback that exists on such vacant lots shall
be interpreted as the minimum required front setback that applies to such vacant lot".
This sentence makes no sense since a lot without a building on it has no"existing"
setback. Therefore,such a lot can't be used to establish a contextual setback.
Proposed Solution Overview
A portion of the sentence should be deleted in order to clarify that the setback to be
considered on a vacant lot would be the required minimum front setback for the lot as
established by the standard for the district in which the lot is located. Section 3.8.19(B)
should be amended as follows:
B)Contextual Setbacks. Regardless of the minimum front setback requirement imposed
by the zone district standards of this Land Use Code,applicants shall be allowed to use a
"contextual"front setback.A"contextual"front setback may fall at any point between
the front setback required in the zone district and the front setback that exists on a lot that
is adjacent and oriented to the same street as the subject lot. If the subject lot is a comer
Wednesday,November 15,2000 Page 6 of 16
lot,the"contextual"setback may fall at any point between the zone district required front
setback and the front setback that exists on the lot that is abutting and oriented to the
same street as the subject lot. If lots on either side of the subject lot are vacant,the
setback that exists on such vacant lots shall be interpreted as the minimum required front
setback that applies to the vacant lot.This provision shall not be construed as requiring a
greater front setback than that imposed by the underlying zone district,and it shall not be
construed as allowing setbacks to be reduced to a level that results in right-of-way widths
below established minimums.
Related Code Revisions
Ord.Section Code Cite Revision Effect
18 3.8.19(B) Clarifies the standard.
378 Modify ZBA standards by which variances may be granted by adding the "equal to or
better than.."clause to provide greater flexibility.
Problem Statement
Presently the Land Use Code provides in Section 2.10.2(H)for the Zoning Board of
Appeals(ZBA)to grant variances only if it fords an exceptional or unusual situation with
respect to the property coupled with a hardship if the law were strictly applied. The
standard does not allow for a variance in cases where the applicant has presented a
proposal which will advance or protect the public interests and purposes of the standard
for which the variance is requested equally well or better than would a proposal which
complied with the standards for which the variance is requested. The lack of this
flexibility has sometimes caused the ZBA to deny or only partially approve a variance,
when the public interests may have been better served if the Board had been able to
approve the variance as requested.
Proposed Solution Overview
The LUC was recently amended by changing the standards that the Planning and Zoning
Board could use to grant modification requests. This change consisted of adding the
ZBA hardship standard to the modification section. Similarly,the standards that the
ZBA can use to grant variances should now be amended by adding the P&Z Board's
"equal to or better than"standard to the variance section. Section 2.10.2(H)of the LUC
should be amended to include these criteria.
Related Code Revisions
Ord.Section Code Cite Revision Effect
8 2.10.2(H) Clarifies ZBA review criteria.
381 Clarify the purpose statements of the L-M-N,M-M-N and N-C districts to better explain
how all three work together.
Problem Statement
This item is for clarification only. The proposed language is clearer and more consistent
with City Plan,and does not change the content of the Code. Staff has found that the
purpose statements do not speak clearly enough about the overall integral intent and
relationship among the NC,MMN,and LMN zone districts.
Proposed Solution Overview
Add clarifying language to 4.4(A),4.5(A),and 4.19(A).
Related Code Revisions
Ord.Section Code Cite Revision Effect
19 4.4(A)Purpose. Clarifies that the LMN District works in conjunction with the
MMN and the NC Districts.
Wednesday,November 15,2000 Page 7 of 16
28 4.5(A)Purpose.. clarifies that MMN District works in conjunction with the
LMN and the NC Districts.
38 4.19(A) Purpose Clarifies that the N-C District works in conjunction with the
LMN Districts.
382 Consider raising the maximum number of multi-family units per structure in the L-M-N
zone from 6 to S.
Problem Statement
Presently,the L-M-N zone caps the number of M-F dwellings in a structure at six as"use"
that cannot be modified. There is a concern that this is overly restrictive and that
allowing up to eight would add housing variety in L-M-N and provide flexibility in
meeting minimum density requirements. Since an eight-plex can be made attractive,it
should be an option in the L-M-N. Minimum standards should be considered to mitigate
mass and to help integrate into the scale of the L-M-N zone. There would be no change
in the basic density parameter of the zone.
Proposed Solution Overview
Allow up to eight dwellings per building subject to meeting minimum design standards
by amending 4.4(13)(2)(a)4 to read"Multi-family dwellings(limited to eight[8]or less
units per building.)A new section under"Standards"would address minimum design
standards for eight-piex structures.
Related Code Revisions
Ord,Section Code Cite Revision Effect
20 4Aft2)(a)(4) Increases the maximum number of Multifamily dwellings in
one building from 6 to 8.
24 4.4(D)92)(c)(6) Allows a muld-family structure containing up to 8 dwelling
units to be included in the"mix of housing"in the LMN.
27 4.4(E)(4) Adds minimum design standards for multi-family dwellings
containing more than 6 dwelling units.
385 Create a definition for RV,Boat,and Truck Storage.
Problem Statement
"Recreational vehicle,boat and truck storage"is a principal use of property that is listed
as a permitted use only in the Industrial District. The term is currently not defined in
Article 5,and the absence of a definition has been cause for confusion. Specifically,the
Code does contain a definition for"outdoor storage',which basically includes the outside
storage of just about anything. Applicants have proposed RV storage uses in districts
other than the I district,claiming that they are an outdoor storage use,not an"RV,boat
and truck storage'since they are not planning to store boats or trucks.
Proposed Solution Overview
In order to clarify that an"RV,boat and truck storage'is not a use wherein all three
types of vehicles have to be stored,it is necessary to add a definition to Section 5.1.2 of
the LUC as follows:
5.1.2 Definitions.
Recreational vehicle,boat and truck storage shall mean the renting of space in an
unroofed area for the purpose of storing any recreational vehicle,boat or truck. For the
purposes of this definition,a recreational vehicle shall be a transportable structure that is
primarily designed as a temporary living accommodation for recreational,camping,and
travel use and including,but not limited to,travel trailers,truck campers,camping
trailers,and self-propelled motor homes.
Wednesday,November 15,2000 Page 8 of 16
Related Code Revisions
Ord,Section Code Cite Revision Effect
52 5.1.2 Revise definition of"Recreational Vehide,Boat and Trcuk
Storage."
386 Consider "outdoor storage" as a permitted principal use in the Industrial zone.
Problem Statement
Outdoor storage is defined in Article 5 as"...the keeping,in an unroofed area,of any
equipment,goods,junk,material,merchandise or vehicles in the same place for more
than twenty-four(24)hours" Standards for outdoor storage areas(screening, location,
etc.)are found in Section 3.5.1 (.1). However,an outdoor storage use is not listed as a
permitted principal use in any district.
Outdoor storage uses are usually going to be considered as an accessory use to the
principal building on the lot. For instance,the City Service Center on Wood
Street has a considerable amount of outside storage in the form of transformers,conduit,
pipe,etc.which is considered to be an accessory use to the principal building.
Occasionally though,we receive a request from an applicant who wants to have outdoor
storage as the only use on the property,such as a vehicle impound lot which contains no
building. Since such a use is defined in Article 5 as an outdoor storage use,and since
such a use is not permitted as a principal use in any district, we are unable to
accommodate these types of uses.
Proposed Solution Overview
The Industrial District already allows such principal uses as`junkyards",and"RV,boat
and truck storage". An outdoor storage use would be similar to such uses,and Sections
3.2.1 and 3.5.1 already contain screening and landscaping standards for outdoor storage
. uses. Therefore, it is recommended that"outdoor storage facility"be added to the list of
permitted uses in the Industrial District by adding a new number 10 to Section
4.23(B)(2)(d)as follows:
10.Outdoor storage facility.
Related Code Revisions
Ord.Section Code CiteRevision Effect
43 4.23(13)(2)(d) Add"Outdoor Storage"as a principal use to the I Industrial
district.
391 Amend the "Appeals"section so that appeals of Minor Amendments go to the P&Z Board
first,rather than directly to City Council.
Problem Statement
Presently,an applicant for a Minor Amendment who disagrees with a Staff decision,may
appeal such decision. The appeal is directly to Council. This seems to elevate the appeal
process to the highest level and bypasses the P&Z Board. Since these issues have
already been determined to be"minor"in nature, it seems logical to make the P&Z
Board the next step in the appeal process,not Council. Of course, any decision of the
Board may be appealed to Council and this will not change.
Proposed Solution Overview
Amend the Code to allow the P&Z Board to be the first level of an appeal of a Minor
Amendment rather than Council.
Related Code Revisions
• Ord.Section Code Cite Revision Effect
Wednesday,November 15,2000 Page 9 of 16
3 2.2.10(A)(3) Adds the word"referral".
4 2.2.10(A)(4) Minor amendment appeals to go to P&Z first
392 Create a new definition for"Exhibit Hall" as a land use and decide the allowable zone
districts.
Problem Statement
Staff has had a request to convert an existing building into an exhibit hall,wherein works
of art would be on display for those paying the admission price to get in. Exhibits would
be on display for up to several months,then the art pieces would be removed and the
facility would be readied for the next exhibit. This would be a similar use to exhibits that
occur at places like the Denver Art Museum.
The code defines and allows uses such as entertainment facilities,conference facilities,
and community facilities in certain zones. A community facility is a facility that serves
the educational and cultural needs of the community. An exhibit hall closely resembles
such a use,except that a community facility must be publicly owned. Since the type of
exhibit hall proposed is privately owned,it does not meet the necessary requirement,and
since it isn't the same as other defined uses,an exhibit hall is currently not allowed.
Proposed Solution Overview
Section 5.1.2 "Exhibit Hall"shall mean a privately owned building or part of a building
devoted to the routine display for public viewing of works of art or other articles or
collectibles,and where such display is intended,in part,to serve the educational and
cultural needs of the community as a whole.
Related Code Revisions
Ord,Section Code Cite Revision Effect
31 4.12(B)(2)(C) Add Exhibit hall as a BP use in the Old City Center
subdistrict column,a Type 2 use in the Canyon Avenue
column,and a Type 1 use in the Civic Center column.
32 4.13(B)(3)(c) Add Exhibit hall as a Type 2 use in the River
Redevelopment District.
33 4.14(B)(3)(c) Add Exhibit hall as a Type 1 use in the Community
Commercial District
34 4.15(8)(20(C) Add Exhibit hall as a Type 1 use in the Community
Commercial-North College District
35 4.16(B)(2)(c) Add Exhibit hall as a Type 1 use in the Community
Commercial-Poudre River District
36 4.17(B)(2)(c) Add Exhibit hall as a Type 2 use in the Commercial District
37 4.18(B)(2)(c) Add Exhibit hall as a Type 1 use in the Commercial-North
College District
39 4.20(B)(1)(c) Add Exhibit hall as a BP use in the Limited Commercial
District
50 5.1.2 Add a definition of"Exhibit Hall".
5.1.2 Definitions.
393 Clarify the appeal route for Major Amendments(companion piece to#391).
Problem Statement
Presently,paragraph(D)is placed in the Code as a stand-alone under 2.2.10 which could
be interpreted as applying to both minor and major amendments. In fact,the paragraph
was intended to refer only to major amendments and,therefore,should be relocated under
2.2.10(B)so as to become 2.2.10(B)(2)and refer to only major amendments,and not
refer to minor amendments.
Wednesday,November 15,2000 Page 10 of 16
Proposed Solution Overview
Under 2.2.10(B),begin subparagraph(1)with the title Procedure/Criteria. Then move
2.2.10(D)to become new subparagraph 2.2.10(B)(2)with the title Appeals,and insert
the word"major"as prefix to"amendments." Then delete 2.2.10(D)altogether.
Related Code Revisions
Ord.Section Code Cite Revision Effect
5 2.2.10(B) Adds the words"procedure/criteria"to the beginning
paragraph,and re-numbers the paragraph.
6 2.2.10(D) Deletes a paragraph due to re-numbering.
394 Add a cap of 12 dwelling units per gross acre for any phase(Section 4.4(D)(1),and add
design standards for multi-family structures greater than a six-plex in the L-M-N zone a$a
new subsection under 4.4(D)(8)(Companion piece to#382.)
Problem Statement
Presently,there are no minimum design standards for eight-plex structures in the L-M-N
zone. Eight-plex structures in the L-M-N zone must be designed to feature a variety of
facades,architectural elements,roofs,materials,colors and garage placement so that
mass,scale and height are mitigated in order to integrate each structure into the
surrounding residential neighborhood. Also,add a cap of 12 dwelling units per gross acre
to ensure that no one phase in the L-M-N exceeds the maximum allowable density (12
d.u./acre)for the zone district as a whole.
Proposed Solution Overview
Add a new subparagraph Section 4.4(D)(8)which addresses minimum design standards
for an eight-plex structure. This new subparagraph will address such design components
as facades,architectural details,roofs,materials,colors and garage placement. Add a
sentence in Section 4.4(D)(1)stating that the maximum density of any one phase shall
not exceed 12 d.u./gross acre.
Related Code Revisions
Ord.Section Code ite Revision Effect
23 4.4(D)(1)(c) Places a maximum gross density on any phase of Multi-
family structures in LMN.
395 Delete the 20,000 square foot maximum for schools in the L-M-N zone
Problem Statement
The LMN zone district has a 20,000 square foot limit on the footprint of non-residential
buildings. The first part of this item is to state that schools are exempt from the size
limit. There was never any intention to try to impose this on schools in these
neighborhoods. This just clarifies an original oversight. Schools of any size are ideal
components of neighborhoods and anchors for neighborhood centers.
Schools are exempt from the Neighborhood Center 5-acre size limit in the current Code.
Proposed Solution Overview
Exempt Schools from the 20,000 square foot limit on non-residential buildings,and
exempt from the 5-acre Neighborhood Center size limit. This provision acknowledges
that a school is a very appropriate element for a Neighborhood Center.
Related Code Revisions
Ord.Section Code Cite Revision Effect
26 4.4(E)(2)(b) Delete the 20,000 square foot maximum for schools in the
L-M-N zone
Wednesday,November 15,2000 Page I I of 16
397 Reconcile the inadvertent discrepancy between the definition of"convenience grocery
store" as found in Article 5 with "convenience retail store'as listed in the zone districts in
Article 4 and references in Article 3.
Problem Statement
Article 5 defines a convenience store as a"convenience grocery store". Such a use is
intended to be permitted in 11 different districts. With the exception of the LMN district,
the 10 other districts list the use as a"convenience retail store',rather than grocery.
Therefore,we have a defined term in Article 5 that is meant to describe a use that is
allowed in multiple districts,however the defined term is actually allowed in only 1
district.
Proposed Solution Overview
In order to clarify the code and remove the current inconsistency that is found,staff
recommends changing the term defined in Article 5 from"convenience grocery store'to
"convenience retail store". Additionally,the term"convenience grocery store',as found
in the LMN district and in any other context in the LUC,should be changed to
"convenience retail store"as well.The defmtion of"Convenience Stores with Fuel
Sales"should also be revised so that"retail"is used instead of"grocery."
Related Code Revisions
Ord Section Code Cite Revision Effect
15 3.5.5(B)(2) Change convenience"grocery"store to convenience
"retail"store to dear up an inconsistency.
21 4.4.(B)(2)(c)(3) Change convenience"grocery"store to convenience
'retail"store to dear up an inconsistency.
22 4.4(B)(3)(c)(1) Change convenience"grocery"store to convenience
"retail"store to clear up an Inconsistency
46 5.1.2 Change the definition of convenience"grocery"store to
convenience'retail'store.
48 5.1.2 Amend the definition of"Convenience Stores with Fuel
Sales*to delete the reference to"grocery'and add the
reference"retail."
398 Delete the clause "to the maximum extent feasible" from Section 2.1.4(C)(1)regarding the
review criteria for the abandonment of an approved plan. The clause conveys an
unintended level of permissiveness in interpreting the criteria.
Problem Statement
The section regarding the review criteria for abandonment of an approved plan states that
the application for such abandonment shall not be approved if, in so approving,any
portion of the property remains developed,or to be developed in accordance with the
previously approved plan,and,because of such abandonment,such remaining portion
would fail to meet the standards of the Land Use Code,or if the plan was approved under
prior law,then to the maximum extent feasible,the prior law.
The clause"to the maximum extent feasible"confuses the intention of the section,which
is to not approve an abandonment if, in so doing,any remaining portion would fail under
the law under which it was approved.
Proposed Solution Overview
Delete the clause"to the maximum extent feasible'from Section 2.1.4(C)(1).
Related Code Revisions
Ord.Section Code Cite Revision Effect
2 2.1.4(C)(1) Clarifies the review criteria for abandonments.
Wednesday,November 15,2000 Page 12 of 16
399 Clarify that buildings on corners should be brought up to the corner,not just either street
• frontage(build-to line)but the actual corner.Director discretion if multiple corners.
Problem Statement
Section 3.5.3(B)(2)is not specific whether the Build-to-Line standards require"building
to"the actual comer of two streets rather than just one street.The standard should clarify
that for properties on corners,buildings should be brought up to the actual comer to
create an urban streetscape.Works in conjunction with issue 315 regarding a minimum
30%of a building's length brought to the"build-to"line.
Proposed Solution Overview
Add clarifying language to Section 3.5.3(B)(2)(a):If a parcel,lot or tract has multiple
adjoining intersecting streets,then the building shall be built to at least two of them
according to(b)-(d)below so that the building is located on the comer. If there is a
choice of two or more comers,then the building shall be built to the one projected to
have the most pedestrian activity associated with the building as determined by the
Director.
Related Code Revisions
Ord.Section Code Cite Revision Effect
13 3.5.3(121)(2)(a) Clarifies building placement for comer lots.
400 Request from The City Engineer to modify Section 33.2(F)(1)to allow a street with
standard roadway width less than 36 feet to be acceptable for off-site access if anticipated
traffic volumes can be accommodated.
Problem Statement
The City Engineer found a problem with a development that was increasing the intensity
• of use on a sub-standard alley,which triggered the need for the developer to design and
construct off-site improvements to connect its development to the Improved Arterial
Street Network. It has been standard procedure to require the developer of such a
property to improve the alley. It has been found that the that the language in the Land
Use Code was written primarily for major streets and does not relate well to streets less
than 36 feet wide, including alleys.
Proposed Solution Overview
Amend the Land Use Code to add language to qualify the 36 foot width requirement to
fit the circumstances. Also,add criteria to include alleys and walks as possible off-site
improvements to be required to accommodate development impacts.
Related Code Revisions
Ord.Section Code Cite Revision Effect
11 3.3.2(F)(1) Clarificafion with regard to off-site improvements for streets
and alleys that have a narrower cross-section than 36 feet
401 Clarify Section 3.5.3(B)(1)so that self-serve carwashes,mini-storage and similar uses that
lack pedestrian entrances are exempt from providing connecting walkways.
Problem Statement
There is no provision to exempt a building that has no"main entrance"in the context of
a Connecting Walkway. For example,a building may have vehicle bays or vehicular
loading areas,but no occupied space or pedestrian entrance other than service doors to
equipment or storage rooms.
Although the Connecting Walkway standard is critically important to urban form,staff
• believes that it simply does not make sense to require developers of such buildings to
Wednesday,November 15,2000 Page 13 of 16
either contrive a"main entrance"or seek a modification.
Proposed Solution Overview
Exempt buildings with only vehicle bays,service doors or other infrequently used non-
public access doors from the standard.
Related Code Revisions
Ord.Section Cade Cite Revision Effect
12 3.5.3(B)(1) Clarification for certain exemptions to the"orientation to a
connection walkway'standard.
402 Clarify the definition of"Connecting Walkway" to delete extraneous language and to
emphasize connections between buildings and street sidewalks.
Problem Statement
The current definition has extraneous language that could confuse the essential point of
this key definition.Add the word"main"in front of the word"entrance"for emphasis.
Proposed Solution Overview
Clarify the definition by deleting the clause"...and connects other origins and
destinations for pedestrians,including but not limited to commercial establishments,
schools,parks,dwellings,work places and transit stops..."
Related Code Revisions
Ord.Section Code Cite Revision Effect
45 5.1.2 Clarify the definition of"Connection Walkway".
403 Clarify the definition of"Convenience Shopping Center" to eliminate potential confusion
so that" four or more business establishments" cannot be located in one store.
Problem Statement
There is potential for confusion about a convenience store or gas station that may
intemally contain an ATM, sandwich shop,taco stand and yogurt machine and that this
would count as a total of 4 business establishments.
Proposed Solution Overview
Add one phrase, "with separate exterior entrances," requiring separate exterior entrances
to the separate business establishments in a Convenience Shopping Center. This has
always been the intent. The fairly recent phenomenon of combination gas station/fast
food/ATM outlets etc.has prompted this clarification.
Related Code Revisions
Ord.Section Code Cite Revision Effect
47 5.1.2 Clarify the definition of"Convenience Shopping Center".
404 Add "mixed-use dwelling units" to L-M-N Land Use Standards,4.4(D)(3)(c),in order to
reflect that we added "mixed-use dwelling units" as a Type One permitted use in Spring of
2000. This was an omission.
Problem Statement
In the Spring of 2000,we added"Mixed-Use Dwelling Unit" to the list of Type One
permitted uses in an L-M-N neighborhood center. However, at the same time,we forgot
to add"Mixed-Use Dwelling Unit"under Land Use Standards(Section 4.4(D)(3)c where
an applicant is given a list to choose"two of the following" when considering the land use
mix in a neighborhood center. This was an omission.
Proposed Solution Overview
Wednesday,November 15,2000 Page 14 of 16
Add"Mixed-Use Dwelling Unit" to the list contained in Land Use Standards,Section
4.4(D)(3)c.
Code Section: "Land Use Requirements. A neighborhood center shall include two(2)or
more of the following uses:mixed-use dwelling units;community facilities;
neighborhood support/recreation facilities;schools; child care centers;places of worship
pr assembly;convenience retail stores;offices,financial services and clinics;personal or
business service shops;standard or fast food restaurants;small animal veterinary clinics;
and artisan or photography studios or galleries. No drive-in facilities shall be permitted.
A neighborhood center shall be a maximum of five(5)acres in size,excluding schools,
parks and outdoor spaces as defrled in subparagraph(e)of this Section.
Related Code Revisions
Ord.Section Cod,Cite Revision Effect
25 4.4(D)(3)(c) Allows mixed-use dwelling units to be part of a
neighborhood center in IMN.
405 Clarify the definition of"Dwelling" to add the clause "and for permitted accessory uses"
to remove potential ambiguity of home occupations.
Problem Statement
There may be an unintentional ambiguity in the definition of a"dwelling"which could be
interpreted to mean that accessory uses,such as home occupations,would not be allowed.
Proposed Solution Overview
Clarify the definition of"Dwelling"to remove potential ambiguity regarding permitted
accessory uses such as home occupations.
Related Code Revisions
Ord Section Code Cite Revision Effect
. 49 512 .. Clarify the definition of"Dwelling"to add the clause"and
for permitted accessory uses"to remove potential
ambiguity of home occupations.
408 Add "Entertainment Facilities and Theatres" as a Type Two permitted use in the River
Downtown Redevelopment(R-D-R)Zone District
Problem Statement
Currently, "Entertainment Facilities and Theatres"are permitted in the CC,CCR,CCN,
C,CN,NC,CL and Downtown zone districts. This land use was inadvertently omitted
from the R-D-R. One intent of the R-D-R district is to'expand cultural opportunities in
the Downtown area." Adding entertainment venues to the list of allowed uses would
provide cultural opportunities and complement the adjacent Downtown zones.
Proposed Solution Overview
Add"Entertainment Facilities and Theatres"as a Type Two permitted use in the R-D-R
zone district.
Related Code Revisions
Ord.Section Code Cite Revision Effect
32 4.13(B)(3)(c) Add"Entertainment Facilities and Theatres"as a Type Two
permitted use in the River Downtown Redevelopment(R-D-
R)Zone District
409 Add a reference in Art.One to the recently-completed Design Manual which provides
examples and explanations of the Land Use Code standards.
Wednesday,November 15,2000 Page 15 of 16
Problem Statement
The Advance Planning Department recently completed the"Examples and Explanations
of Fort Collins'Land Use Code Standards." There now needs to be a reference in the
Code regarding this publication.
Proposed Solution Overview
Add an overall reference in Article One to the Design Manual.
Related Code Revisions
Ord.Section Code CiteRevision Effeet
1 1.3.3 Add reference to Fort Collins Design Manual.
Wednesday,November 15,2000 Page 16 of 16