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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2004 - FIRST READING OF ORDINANCE NO. 056, 2004, AMENDINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 15 DATE: April 6, 2004 STAFF: Ted Shepard SUBJECT First Reading of Ordinance No. 056, 2004, Amending the Land Use Code to Allow Small Scale Reception Centers in the Urban Estate District, Clarifying the Definition of Such Centers and Adopting Performance Standards as Supplemental Regulations Relating Thereto. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY On December 2, 2003, during consideration of the Fall 2003 Land Use Code Revisions, Council voted to remand this issue back to the Planning and Zoning Board for further consideration. Since that time, staff has worked closely with two private parties on expanding and refining the performance standards that would be necessary in order to ensure neighborhood compatibility within the Urban Estate District. In addition, a new required minimum parking standard has been added as well as minor clarifications to the existing definition. The Planning and Zoning Board voted 6-1 at its February 19, 2004, meeting to recommend approval of the proposed Ordinance. City Council reviewed this item at its March 23, 2004 study session. ORDINANCE NO. 056, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ALLOW SMALL SCALE RECEPTION CENTERS IN THE URBAN ESTATE DISTRICT, CLARIFYING THE DEFINITION OF SUCH CENTERS AND ADOPTING PERFORMANCE STANDARDS AS SUPPLEMENTAL REGULATIONS RELATING THERETO WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the addition of provisions in the Land Use Code allowing for certain small scale reception centers in the Urban Estate District and regulating the manner in which such uses could be developed and operated; and WHEREAS, the City staff and the Planning and Zoning Board have made favorable recommendations to the Council regarding the proposed amendment pertaining to small scale reception centers; and WHEREAS, the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 3.2.2(K)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (i) which reads in its entirety as follows: (i) Small Scale Reception Centers in the UE, Urban Estate District. For each reception center there shall be one (1) parking space per four (4) persons maximum rated occupancy as determined by the building code. Section 2. That a new Section 3.8.26 is hereby added to the Land Use Code and reads in its entirety as follows: 3.8.26 Performance Standards for Small Scale Reception Center in the UE, Urban Estate District (A) Lot Size. Minimum lot size shall be seven (7) acres. (B) Building Size. The total floor area of any new building shall not exceed seven thousand five hundred (7,500) square feet and the total aggregate floor area of new and existing buildings shall not exceed fifteen thousand (15,000) square feet. (C) Building Location and Separation from Residential Areas. All buildings shall be located a minimum of three hundred (300) feet from the nearest dwelling on any abutting property, except that in cases where there are no dwellings on such abutting property, all buildings shall be located a minimum of two hundred fifty (250) feet from the nearest property line of such abutting property. (D) Outdoor Spaces Location and Separation from Residential Areas. All outdoor spaces such as lawns, plazas, gazebos, and/or terraces used for social gatherings or ceremonies associated with the reception center shall be located within one-hundred (100) feet of the primary building and shall be located a minimum of three hundred (300) feet from the nearest dwelling on any abutting property, except that in cases where there are no dwellings on such abutting property, all outdoor spaces, as described above, shall be located a minimum of two hundred fifty (250) feet from the nearest property line of such abutting property. (E) Non-Residential Abutment. At least one-sixth of the reception center=s property boundary must be contiguous to property which is zoned in one (1) or more of the following non-residential zone districts within the City: D, Downtown; RDR, River Downtown Redevelopment; CC, Community Commercial; CCN, Community Commercial-North College; CCR, Community Commercial-Poudre River District; C, Commercial; CN, Commercial-North College; NC, Neighborhood Commercial; CL, Limited Commercial; HC, Harmony Commercial; E, Employment; I, Industrial (F) Access. Vehicular access to the reception center shall be only directly from an arterial street. (G) Buffering. If the reception center abuts a single family dwelling or property zoned for such activity, buffering shall be established between the two land uses sufficient to screen the building, parking, outdoors lighting and associated outdoor activity from view. A combination of setbacks, landscaping, building placement, fences or walls and elevation changes and/or berming shall be utilized to achieve appropriate buffering. (H) Hours of Operation. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday. (I) Noise. No noise will be permitted in violation of Chapter 20, Article II of the City Code, and the following limitations will also apply: (1) Music that is not amplified (such as stringed quartets or acoustic guitars) will be allowed out of doors, but shall end no later than 8:00 p.m. Sunday through Thursday, and 9:00 p.m. on Friday and Saturday. (2) Except during wedding ceremonies, sound amplifying equipment used out of doors shall be limited to speakers with a maximum power rating of fifty (50) watts permanently installed as part of the design of outdoor spaces such as lawns, plazas, gazebos and/or terraces. (J) On-site Caretaker. There shall be a manager or owner on site during all hours of operation. (K) Parking Lot Lighting. Parking lot lighting, if used at all, shall conform to the requirements contained in Section 3.2.4, and shall be further restricted such that (a) the lighting is of high pressure sodium only and does not exceed seventy (70) watts and one hundred twenty (120) volts; and (b) the fixture does not exceed a height of fourteen (14) feet above ground level. Section 3. That Section 4.1(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subsection 6. which reads in its entirety as follows: 6. Small scale reception centers. Section 4. That the definition of "small scale reception center" contained in Section 5.2.1 of the Land Use Code is hereby amended to read as follows: Small scale reception center shall mean a place of assembly that may include a building or structure containing a hall, auditorium or ballroom used for celebrations or gatherings (such as weddings, graduations or anniversaries). The building or structure may also include meeting rooms and facilities for serving food. Outdoor spaces such as lawns, plazas, gazebos, and/or terraces used for social gatherings or ceremonies are a common component of the center. A small scale reception center shall not include sporting events or concerts. Introduced and considered favorably on first reading and ordered published this 6th day of April, A.D. 2004, and to be presented for final passage on the 20th day of April, A.D. 2004. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading this 20th day of April, A.D. 2004. _________________________________ Mayor ATTEST: _____________________________ City Clerk SMALL SCALE RECEPTION CENTERS IN THE URBAN ESTATE ZONE This is a continuation of the Fall 2003 biannual revisions, clarifications and additions to the Land Use Code for consideration of adding small scale reception centers, with performance standards, to the Urban Estate Zone District BACKGROUND: On December 2, 2003, during consideration of the Fall 2003 Land Use Code Revisions, Council voted to remand this one particular issue back to the Planning and Zoning Board for further consideration. Since that time, Staff has worked closely with two private parties on expanding and refining the performance standards that would be necessary in order to ensure neighborhood compatibility within the Urban Estate zone district. SUMMARY: The proposed code changes are summarized as follows: • Add Small Scale Reception Centers as a Type Two permitted use within the Urban Estate zone district (Article Four). • Add Performance Standards for Small Scale Reception Centers as a supplemental regulation (Article Three). • Add a minimum parking requirement for Small Scale Reception Centers (Article Three). • Amend the existing definition of Small Scale Reception Centers to add the word “graduations” for further descriptive clarity (Article Five). DESCRIPTION OF THE CODE CHANGES: 1. Amended Definition: The definition was adopted by City Council in December of 2003. Since that time, Staff has learned that a Small Scale Reception Center could potentially host graduation parties. In order to make the definition more precise, Staff decided to take this opportunity to amend the existing definition to add “graduations” as one of the described uses along with “weddings and anniversaries,” and to replace “gatherings with “other special occasions.” The definition of "small scale reception center" contained in Section 5.2.1 of the Land Use Code is hereby amended to read as follows: Small scale reception center shall mean a place of assembly that may include a building or structure containing a hall, auditorium or ballroom used for celebrations or gatherings other special occasions such as weddings, graduations or anniversaries). The building or structure may also include meeting rooms and facilities for serving food. Outdoor spaces such as lawns, plazas, gazebos, and/or terraces used for social gatherings or ceremonies are a common component of the center. A small scale reception center shall not include sporting events or concerts. 2. New Performance Standards: Staff has worked closely with representatives of the wedding planning businesses. In addition, Staff has investigated a similar use in Loveland (McCreery House). Finally, Staff has researched the zoning codes of several front range municipalities. The result is the Performance Standards for Small Scale Reception Centers. The primary issue has been how best to reconcile the need for the reception centers to be located in pastoral, rural-type settings with the protection of neighboring properties in the Urban Estate zone. The fundamental aspect of the Performance Standards is that they will effectively prohibit such centers within existing semi-rural subdivisions that were approved in the County and annexed into the City, or eligible to be annexed based on the City’s Structure Plan Map. Staff is confident that these standards are thorough and rigorous. They are designed to work in conjunction with the general compatibility standards of Section 3.5.1 as well as the nuisance section of the City Code. Section 3.5.1 allows the Board to consider such compatibility attributes as architectural character, building size, height, bulk, mass and scale, privacy, building materials, building color, building height, and operational issues. In particular, nothing in these standards diminishes the ability of the City to take enforcement action on any standard in the nuisance section. These standards will be added to the Supplementary Regulations in Section 3.8.26 of the Land Use Code as follows: 3.8.26 Performance Standards for Small Scale Reception Center in the UE, Urban Estate Zone District (A) Lot Size. Minimum lot size shall be seven (7) acres. (B) Building Size. The total floor area of any new building shall not exceed seven thousand five hundred (7,500) square feet and the total aggregate floor area of new and existing buildings shall not exceed fifteen thousand (15,000) square feet. (C) Building Location and Separation from Residential Areas. All buildings shall be located a minimum of three hundred (300) feet from the nearest dwelling on any abutting property, except that in cases where there are no dwellings on such abutting property, all buildings shall be located a minimum of two hundred fifty (250) feet from the nearest property line of such abutting property. (D) Outdoor Spaces Location and Separation from Residential Areas. All outdoor spaces such as lawns, plazas, gazebos, and/or terraces used for social gatherings or ceremonies associated with the reception center shall be located within one hundred (100) feet of the primary building and shall be located a minimum of three hundred (300) feet from the nearest dwelling on any abutting property, except that in cases where there are no dwellings on such abutting property, all outdoor spaces, as described above, shall be located a minimum of two hundred fifty (250) feet from the nearest property line of such abutting property. (E) Non-Residential Abutment. At least one-sixth of the reception center’s property boundary must be contiguous to property which is zoned in one or more of the following non-residential zone districts within the City: D, Downtown; RDR, River Downtown Redevelopment; CC, Community Commercial; CCN, Community Commercial-North College; CCR, Community Commercial-Poudre River District; C, Commercial; CN, Commercial-North College; NC, Neighborhood Commercial; CL, Limited Commercial; HC, Harmony Commercial; E, Employment; I, Industrial (F) Access. Vehicular access to the reception center shall be only directly from an arterial street. (G) Buffering. If the reception center is located abutting to a single family dwelling or property zoned for such activity, buffering shall be established between the two land uses sufficient to screen the building, parking, outdoors lighting and associated outdoor activity from view. A combination of setbacks, landscaping, building placement, fences or walls and elevation changes and/or berming shall be utilized to achieve appropriate buffering. (H) Hours of Operation. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday. (I) Noise. No noise will be permitted in violation of Chapter 20, Article II of the City Code, and the following limitations will also apply: (1) Music that is not amplified (such as stringed quartets or acoustic guitars) will be allowed out of doors, but shall end no later than 8:00 p.m. Sunday through Thursday, and 9:00 p.m. on Friday and Saturday. (2) Except during wedding ceremonies, sound amplifying equipment used out of doors shall be limited to speakers with a maximum power rating of 50 watts permanently installed as part of the design of outdoor spaces such as lawns, plazas, gazebos and/or terraces. (J) On-site Caretaker. There shall be a manager or owner on site during all hours of operation. (K) Parking Lot Lighting. Parking lot lighting, if used at all, shall conform to the requirements contained in Section 3.2.4, and shall be further restricted such that (a) the lighting shall be of high pressure sodium only and does not exceed seventy (70) watts and one hundred twenty (120) volts; and (b) the fixture does not exceed a height of fourteen (14) feet above ground level. 3. New Parking Minimum Requirement: Small Scale Reception Centers, in the Urban Estate zone only, will be required to provide a minimum of one parking space per four persons maximum rated occupancy as determined by the Building Code. This is consistent with schools, places of worship or assembly and child care centers. This standard will be placed within the parking section of Article Three as opposed to in the newly created Performance Standards. The new standard would be as follows: (i) Small Scale Reception Centers in the UE, Urban Estate District. For each reception center there shall be one (1) parking space per four (4) persons maximum rated occupancy as determined by the building code. 4. Urban Estate Zone District: Based on the proposed revised definition and recommended Performance Standards, Staff is recommending that the land use, Small Scale Reception Centers, be added to permitted use list in the Urban Estate zone. The use would be subject to Planning and Zoning Board review (Type Two). As a Type Two use, neighborhood information meetings are required. The Code would amend Section 4.1(B)(3)(c) of the Land Use Code as follows: 6. Small scale reception centers. 5. February 19, 2004 Planning and Zoning Board Action: At the February 19, 2004 P & Z hearing, the Board voted 6 – 1 to approve the recommended changes.