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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2000 - SECOND READING OF ORDINANCE NO. 183, 2000, MAKING 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 forthe purpose of clarification and correction of errors,but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS,the staffofthe City andthe Planning andZoning 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 1.1 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: DIVISION 1.1 ORGANIZATION OF LAND USE CODE The City of Fort Collins Land Use Code is organized into five (5) Articles as follows: Article 1 General Provisions Article 2 Administration Article 3 General Development Standards Article 4 District Standards Article 5 Definitions The General Provisions contained in Article 1 address the organization of this Land Use Code, its title, purpose and authority; the establishment of the Zoning Map and Zone Districts; rules for interpretation and measurements; rules for nonconformities and legal matters. 1 Article 2,Administration,guides the reader through the procedural and decision-making process by providing divisions pertaining to general procedural requirements and a twelve-step common development review process,as well as providing a separate division for each type of development application and other land use requests. The General Development Standards contained in Article 3 establish standards which apply to all types of development applications unless otherwise indicated. This article is divided into divisions addressing standards for site planning and design,engineering,environmental and cultural resource protection,compact urban growth,buildings,transportation and circulation,and supplemental uses. All zone districts within the City of Fort Collins and their respective list ofpermitted uses,prohibited uses, and particular development standards are located in Article 4, District Standards. These zone districts directly relate to the Zoning Map and Zone Districts established in Article 1. Definitions of terms used throughout this Land Use Code are included in Article 5. This method of organization,which distinguishes and separates general provisions,administration, general development standards, district standards and definitions, is intended to provide a user- friendly and easily accessible Land Use Code by consolidating most City regulations addressing land use and development,standardizing the regulatory format,providing common development review procedures, separating and clarifying standards and separating and clarifying definitions. When this Land Use Code is amended, any amendments to procedural provisions will be made in Article 2,Administration. Amendments to general development standards will occur in Article 3, General Development Standards. Amendments to District Standards(Zone Districts)will be made in Article 4. And Article 5 will be the place to change or add definitions. For an overview on how to use this Land Use Code when applying for a development application or other request,reference should be made to Section 2.1.2, Overview of the Development Review Process. This symbol:: *EXAMPLES AND EXPLANATION*' appears under selected subsections of the Land Use Code. It refers to a nor%regulatory manual explairurig the Land Use Code's approach tcsdevelopmenttsinge amplepieturesanddiagrams. The; rnanuat,called Fart C©lltnsDesiu"gsaaaillale separately. 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: 2 AGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: December 19, 2000 FORT COLLINS CITY COUNCIL FROM:• Ted Shepard SUBJECT: Second 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 Second Reading. EXECUTIVE SUMMARY: Ordinance No. 183, 2000, was unanimously adopted on First Reading on November 21, 2000. There is one change between First and Second Reading. Section I of the Ordinance, "Establishment of Zone District and Development Standards," has been shifted from Section 1.33 of the Code to Section 1.1 for purposes of clarification. There is no change to the substance of this addition to the Land Use Code. . (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 development plan 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,thenthe standards and requirements of the 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) Referral, 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: (4) Appeals. Appeals of the decision of the Director for approval,approval with conditions ordenial or minor amendments of any approved development plan or site specific development plan shall be to the Planning and Zoning Board, and the decision of the Planning and Zoning Board on such appeals 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 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) Procedure/Criteria. 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 be deemed maj or amendments. Maj or amendments to approved development plans or site specific development plans approved under the laws of the city for the development of landprior to the adoption of this Land Use Code shall be processed as required for the land use or uses proposed for the amendment 3 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 major 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) Appeals. Appeals of decisions for approval, approval with conditions or denial of major amendments,orabandonments,of any approved development plan or site specific development plan shall be filed and processed in accordance with Section 2.2.12 (Step 12). 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. 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. 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, and the Zoning Board of Appeals may grant a variance from the standards of Articles 3 and 4 only if it finds that the granting of the variance would neither be detrimental to the public good nor authorize any change in use other than to a use that is allowed subject to Building Permit review; and that: 4 (1) by reason of exceptional physical conditions or other extraordinary and exceptional situations,unique to such property,including,but not limited to, physical conditions such as exceptional narrowness, shallowness or topography,or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be varied would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property,provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (2) the proposal as submitted 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 complies with the standard for which the variance is requested. Any finding made under subparagraph(1)or(2)above shall be supported by specific findings showing how the proposal,as submitted,meets the requirements and criteria of said subparagraph(1) or(2). 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 ofparking 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 Spaces for Type of Use. (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: 5 Number of Bedrooms/Dwelling Unit Parking 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 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. (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, 6 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. (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. (This twenty percent(20%)increase shall not apply to the "general office"use category.) Use Maximum Parking Restaurants 1511000 sq.ft. a. Fast Food b. Standard 10/1000 sq.ft. Bars,Taverns, and Nightclubs 10/1000 sq.ft. Commercial Recreational a. Limited Indoor Recreation 6/1000 sq.R. b. Outdoor .3/person cap. c. Bowling Alley 511000 sq.ft. Theaters 1/3 seats General Retail 4/1000 sq.ft. Personal Business and Service Shop 4/1000 sq.ft. Shopping Center 5/1000sq.ft. 7 Medical Office 4.5/1000 sq.ft. Financial Services 3.5/1000 sq.ft. Grocery Store, Supermarket 611000 sq.ft. General Office 3.0/1000 sq.ft. or .75/employee on the largest sluff or 4.5/1,000 sq.ft.if all additional parking spaces gained by the increased ratio(over 3.0/1,000 sq.ft.)are contained within a parking garage/structure Vehicle Servicing&Maintenance 5.0/1000 sq.ft. Low Intensity Retail,Repair Service,workshop and 2,0/1000 sq.ft. Custom Small Industry Lodging Establishments l/unit Health Facilities a. Hospitals 1.0/bed b. Long-Term Care Facilities .33/bed plus 1/two employees on major shift Industrial: Employee Parking I .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. (3) Alternative Compliance. Upon written request by the applicant, the decision maker may 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 8 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, • 9 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 thatthe public can reasonably be expected to accept the inconvenience of spillover parking on such infrequent occasions. (4) Exception to the General Office Parking Standard. An exception to the general office parking standard as established in the table contained in Section 3.2.2(K)(2)(a)shall be permitted forthe purpose of ensuring that the parking provided is adequate but not in excess of 10 the users'needs.Requests forexceptions to the general office parking standard shall be reviewed according to the procedure and criteria contained in subparagraphs (a) and (b) below. Exceptions shall be available only to those projects where the number of anticipated employees can be reasonably estimated, and such exceptions shall apply only to the ratio between the number of parking spaces and the number of employees, and not to the ratio between the number of parking spaces and the gross leasable area. If the number of anticipated employees cannot be reasonably estimated, then the applicable parking standard shall be the ratio between the number of parking spaces and the gross leasable area, and no exception to the general office parking standard will be granted under this subsection. (a) Procedure. All requests for exceptions to the general office parking standard shall be submitted in accordance with the submittal requirements for plans as set forth in this subsection. Each such request shall clearly identify and discuss the proposed project and the ways in which the plan will accomplish the general purpose of this subsection. The request for an exception to the standard must be accompanied by an estimated number of employees. In addition, a traffic impact study containing a trip generation analysis or other relevant data describing the traffic and parking impacts of any proposed general office land use or activity shall be submitted. (b) Review Criteria.To approve an exception to the standard,the decision maker must first find that the proposed project accomplishes the general purpose of this Section. In reviewing the request for an exception to the standardparking ratio and in order to determine whether such request is consistent with the purposes of this subsection, as required above, the decision maker shall take into account the anticipated number of employees occupying the building,the number and frequency 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, travel demand management programs (if any), or any other factors that may be unique to the applicant's development request. 11 The decision maker shall not approve an exception to the general office parking standard 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 of the proposed increased parking 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 of such additional parking on the surrounding neighborhood, 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, 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, 8. results in a ratio that does not exceed one-space-per- employee (1:1), and 9. is justified by a travel demand management program which has been submitted to and approvedby the city. (5) 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. 12 . (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 100 spaces,or fraction thereof, over 1,000 (6) Loading Zones. All development shall provide loading zones and service areas adequately sized to accommodate the types of vehicles • 13 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 that connects to the Improved Arterial Street Network. Exceptions to the foregoing requirements may be granted for streets which have adequate funds appropriated by the city for improvement to current standards. The developer of any property which does not have such access to an Improved Arterial Street or which does not have such access to streets which connect to the Improved Arterial Street Newtork, shall be required to improve the impacted intervening streets as follows: (a) For arterial and collector streets, such improvements shall consist,at a minimum,of constructing a thirty-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) For all other street classifications, the off-site street improvements shall be designed and constructed to city standards including,without limitation,curb,gutter,sidewalk and pavement. (c) All intervening streets that connect to the Improved Arterial Street Network shall include the width and improvements necessary to maintain a level of service as defined by Part II 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. The off-site street(s)and sidewalks to be improved shall be the street routes that will, in the judgment of the City Traffic Engineer, carry the most trips (per travel mode) generated by the development as 14 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 City Engineer shall utilize a map entitled the "Improved Arterial Street Network" depicting, as nearly as practicable, (1) all existing arterial and collector streets in the city, and(2)the current structural condition of the same. Awaivertothese 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 and constructed 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. Any building which has only vehicle bays and/or service doors for intermittent/infrequent non-public access to equipment, storage or similar rooms(e.g. self-serve car washes and self-serve mini-storage . warehouses), shall be exempt from this standard. 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/sidewalkrelationships thatare consistent with this standard. Accordingly,at least thirty(30)percent of the total length of the building along the street shall be extended to the build-to line area. If a parcel, lot or tract has multiple streets,then the building shall be built to at least two (2)of them according to(b)through(d)below, i.e.to a street 15 3. 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). 4. if a larger or otherwise noncompliant front yard area is required by the city to continue an established drainage channel or access drive, or other easement. Section 14. That Figure 11 referred to in Section 3.5.3(13)(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 retail 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: (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: Section17. ThatSection3.8.11 ofthe LandUseCode oftheCity of Fort Collins is hereby amended to read as follows: 3.8.11 Fences and Walls Fencing and walls shall meet the following standards: (A) 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 17 comer. If there is a choice of two (2) or more comers, then the building shall be built to the comer that is projected to have the most pedestrian activity associatedwith the building. (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 for pedestrian 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. 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. 16 brickor 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 (t/3) of the length of the fence or fence section (as applicable) by a minimum of five (5) feet. (B) 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 arevocable 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: (1) The lowest strand of barbed wire is maintained at least ten(10)feet above the adjoining ground level outside the fence. (2) Exterior area security lighting controlled by an automatic light level switch is installed and maintained in good operating condition. (3) Such lighting is directed into the site and not outward toward the perimeter. (C) Fences or walls shall be: (1) no more than four (4) feet high between the front building line and front property line; (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; (3) 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; (4) 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. 18 • (D) 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. 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 corner 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 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 notbe construed as allowing setbacks to be reduced to a level that results in right-of-way widths below established minimums. 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 by the pattern of streets,blocks, and other linkages. 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. • 19 Typically,Low Density Neighborhoods will be clustered around and integral 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 eight [8] or less dwelling 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 retail 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; neighborhood support/recreation facilities; schools, child care centers;and places of worship or assembly. Section 22. That Section 4.4(13)(3)(c)1. of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: l. 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 retail 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(13)(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: 20 . (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, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family structures shall be twelve (12) dwelling units per gross acre of residential land. 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 eight[8] dwelling units per building). Section 25. That Section 4.4(13)(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: mixed-use dwelling units;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 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 the exception of schools. Section 27. 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) Design Standards For Multi-Family Dwellings Containing More Than Six(6)Dwelling Units. Each multi-family dwelling containing 21 more than six (6) dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions, and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. The following specific standards shall also apply to such multi-family dwellings: (a) Roofs. Each multi-family building shall feature a combination of primary and secondary roofs. Primary roofs shall be articulated by at least one (1) of the following elements: 1. changes in plane and elevation. 2. dormers, gables or clerestories. 3. transitions to secondary roofs over entrances,garages, porches, bay windows. (b) Facades and Walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features,dividing large facades and walls into human-scaled proportions similar to the adjacent single-family dwellings, and shall not have repetitive, monotonous, undifferentiated wall planes. Each multi-family building shall feature walls that are articulatedby at leasttwo(2)of any of the following elements within every thirty-six (36) foot length of the fagade: 1. Recesses,projections or significant offsets in the wall plane. 2. Distinct individualized entrances with functional porches or patios. 3. Chimneys made of masonry, or other contrasting material that projects from the wall plan. 4. Balconies. 22 5. Covered bay or box windows. (c) Variation Among Repeated Buildings. For any development containing at least forty(40) and not more than fifty-six(56) dwelling units, there shall be at least two (2) distinctly different building designs. For any such development containing more than fifty-six(56)dwelling units,there shall be at least three(3) distinctly different building designs. For all developments,there shall be no more than two(2)similar buildings placed next to each other along a street or major walkway spine. Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features,within a coordinated overall theme of roof forms,massing proportions,and other characteristics. To meet this standard such variation shall not consist solely of different combinations of the same building features. (d) Color. Each multi-family building shall feature a palette of muted colors, earth tone colors, natural colors found in surrounding landscape or colors consistent with the adjacent neighborhood. For a multiple structure development containing at least forty(40)and not more than fifty-six(56) dwelling units, there shall be at least two (2) distinct color schemes used on structures throughout the development. For any such development containing more than fifty-six (56) dwelling units, there shall be at least three (3) distinct color schemes used on structures throughout the development. For all developments, there shall be no more than two (2) similarly colored structures placed next to each other along a street or major walkway spine. (e) Garages. No street-facing fagade shall contain more than three(3) garage bays. 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 . 23 complementary and supporting land uses that serve the neighborhood. These neighborhoods will form atransition 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. This District is intended to function together with surrounding low density neighborhoods (typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone districts to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate zone districts. 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. Mixed-use dwellings,provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 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: 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. 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 Type 2 Type 1 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 3 and 4 to read as follows: 3. Entertainment facilities and theaters. 4. Exhibit halls. 24 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: 11. Exhibit halls. 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. Exhibit halls. 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. Exhibit 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. Exhibit halls. 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: 38. Exhibit halls. 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. This District is intended to function together with a surrounding Medium Density Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density neighborhoods. The intent is for the component zone districts to form an integral, town-like pattern of 25 development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts. 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: 20. Exhibit halls. 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. The following list of housing types shall be used to satisfy this requirement: 1. single-family detached dwellings. 2. single-family attached dwellings. 3. two-family dwellings. 4. multi-family dwellings. 5. group homes. 6. mixed-use dwellings. 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 aphased development. A minimum ofthree (3)housing types shall be required on any residential portion of a development plan greater than thirty (30) acres in size, 26 . including parcels which are part of a phased development. The following list of housing types shall be used to satisfy this requirement: 1. single-family detached dwellings located on lots containing no more than six thousand(6,000) square feet. 2. single-family attached dwellings. 3. two-family dwellings. 4. multi-family dwellings. 5. group homes. 6. mixed-use dwellings. 7. mobile home parks. 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. 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 to read as follows: 10. Outdoor storage facilities. 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 hundred fifty (650) square feet of floor area. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance • 27 with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat,or minor subdivision plat,approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) 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 existing uses shall constitute a permitted use only on such parcel of property. (d) Institutional/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. Section 45. That the 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 main being entrance Of.a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route. Section 46. Thatthe definition of"convenience grocery store"in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Convenience retail 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: 28 Convenience shopping center shall mean a shopping and service center situated on seven(7)or fewer acres with four(4)or more business establishments with separate exterior entrances, 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;equipment rental(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 (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 retail 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, and for permitted accessory uses, including 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: Exhibit hall shall mean a privately owned building or part of a building devoted to the routine display for public viewing(but not sale) of works of art or other similar 29 articles or collectibles of enduring interest or value, and where such display is intended, in part,to serve the educational and cultural needs of the community as a whole. 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 similar non-alcoholic establishment 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: 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 ofthis definition,arecreational vehicle shall be atransportable structure that is primarily designed as a temporary living accommodation for recreational, camping, and travel use including,but not limited to,travel trailers,truck campers, camping trailers, and self-propelled motor homes. Introduced and considered favorably on first reading and ordered published in summary form this 21 st 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: 30 . City Clerk 31