HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/1999 - FIRST READING OF ORDINANCE NO. 165, 1999, MAKING V 7r777�777r7"777�
ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: November 2, 1999
• FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT :
First Reading of Ordinance No. 165, 1999,Making Various Amendments to the City of Fort Collins
Land Use Code.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Staff has identified a variety of proposed changes, additions and clarifications in the fall biannual
update of the Land Use Code. On October 21, 1999, the Planning and Zoning Board voted 6-0 to
recommend approval of the proposed changes to City Council.
W-KGROUND:
The Land Use Code was first adopted on March of 1997. Subsequent revisions have been made 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 resolve implementation
issues and to continuously improve the"user-friendliness"of the Code. Following is a brief synopsis
of four substantive issues and a summary of all issues contained in the Ordinance. Other changes
are fully described in the attachments.
SUBSTANTIVE ISSUES
A. Apply the standards and guidelines for Large Retail Establishments to movie theatres and
indoor recreational facilities containing 25,000 square feet or more.
Problem Statement:
There has been a surge in the re-capitalization of movie theatres by the entertainment industry.
Smaller theatres such as the Foothills Twin and the Carmike Four are closing and being replaced by
large,multi-screen theatres with stadium seating state-of-the-an audio systems. Such new theatres
have been constructed in Loveland and Westminster. The same trend is being observed with respect
to such indoor recreational facilities as bowling alleys, climbing gyms, indoor soccer, family fun
gy
centers and the like. In both cases, the new structures closely resemble large retail establishments
in proporcionalitN T and scale. If they are over 25,000 square feet in size, movie theatres and indoor
recreational facilities call for the same community integration, architectural and site planning
DATE: November 2, 1999 2 ITEM NUMBER: 19
upgrades found in the standards and guidelines which,presently,apply only to large retail establishments.
Proposed Solution Overview:
Staff proposes to expand the application of the big box standards and guidelines to include movie
theatres and indoor recreational facilities that consist of 25,000 square feet or more. The requirement
for multiple entrances. however, would not apply to movie theatres.
B. Add movie theatres as a type two permitted use(P &Z review)in the C, Commercial Zone
District.
Problem Statement:
Presently, the Code does not permit theatres to be located in the C-Commercial Zone District.
Industry representatives and real estate professionals have pointed out that this exclusion is
inconsistent with new industry trends towards the larger multi-screen complexes. In addition, the
zone districts where movie theatres are permitted (N-C, Neighborhood Commercial and C-C,
Community Commercial) contain few sites that are suitable for the new theatres. Staff has been
requested to evaluate adding theatres as a permitted use in the C, Commercial Zone District.
This issue has been evaluated before. In the previous analysis, Staff recommended against adding
movie theatres to the C, Commercial Zone on the basis that such uses should be reserved and
directed to be "anchors" in the new mixed-use activity centers as envisioned by City Plan and
embodied in the N-C and C-C Zone Districts.
Proposed Solution Overview:
Staff agrees that given their scale and traffic impacts,large multi-screen movie complexes are more
appropriate for the C.Commercial Zone rather than the mixed-use activity centers that are found off
College Avenue in close proximity to existing and future neighborhoods. The mixed-use activity
centers are zoned in conjunction with multi-family (M-M-N Zone) to promote pedestrian oriented
neighborhoods and may not be appropriate to have large multi-plex theatres as anchors. Note that
movie theatres are still permitted in the N-C,and C-C Zone Districts and,if over 25,000 square feet,
they must comply with the big box standards and guidelines. Consequently. Staff recommends that
theatres be added as a type two permitted use in the C. Commercial zone.
C. Establish residential density and development standards in the H-C,Harmony Corridor and
E, Employment Zone Districts.
Problem Statement:
Both the H-C, Harmony Corridor and E, Employment Zone Districts currently lack residential
density and development standards. This oversight could lead to the development of neighborhoods
that do not have some of the amenities provided for in the L-M-N and M-M-N Zones. In addition,
without standards,there is a potential for incongruous land use patterns such as manufacturing and
industrial uses located next to low density residential. Finally, without density and development
standards,it is difficult to evaluate and review development proposals with a residential component.
DATE: November 2, 1999 3 ITEM NUMBER: 19
Solution Overview:
City Plan envisions a land use relationship among the N-C,M-M-N and L-M-N Zone Districts where
neighborhood centers are flanked by higher density multi-family in order to buffer low/medium
density. A similar relationship exists among land uses in the H-C and E Zones and surrounding
residential areas.
While residential development in the H-C and E Districts is not needed to make the primary light
industrial/office/employment type uses in those zones economically viable,residential development
can offer support to those uses by providing close-in housing opportunities for employees and be a
moderate density residential transition to adjacent lower density residential areas.
Staff recommends 7.00 dwelling units per "net" acre as a minimum, a mix of housing types for
residential developments of 10 acres or more, and proximity requirements for amenities such as
parks and neighborhood centers.
D. Add and clarify the standards regarding secondary uses in the E.Employment Zone District
with a reference to maintaining a minimum setback of one-quarter mile from the centerline
of I-25 in the Mountain Vista Area.
Problem Statement:
The policies of the recently-adopted Mountain Vista Area Plan have not been incorporated into the
E,Employment Zone District Goals and Policies in the Plan emphasize an attractive business district
or business park for any future development along the Mountain Vista entryway to Fort Collins.
I
There is a concern that retail, restaurant and other commercial uses will gravitate toward a "strip"
development pattern of stand-along buildings and parking lots along I-25 and the arterial entryways.
This is counter to the vision that such uses be integrated into an attractive business park
environment.
Solution Overview:
Staff recommends that language be added to the E. Employment District that secondary uses be
required to have direct access from collector or local streets and that such uses be located and
designed to be visually and functionally integrated with business park-type uses. Staff also
recommends a minor adjustment to the separation of secondary uses from the centerline of I-25 from
1.500 to 1,320 feet (1/4 mile) as a more common form of measurement with no diminution in the
actual implementation of the goals of the Plan.
OTHER ITEMS
Attached please find a synopsis of all the proposed Code changes
5. Plannine and Zonine Board Recommendation:
On October 21, 1999. the Planning and Zoning Board voted 6 to 0 to recommend approval of the
adoption of the fall cycle of Code changes.
DATE: November 2, 1999 4 ITEM NUMBER: 19
During the Board's discussion on allowing"enclosed mini-storage"in the C-L,Limited Commercial,
Zone District,the Board instructed Staff to pass along to Council a general concern about the general
permissive range of land uses allowed in the C-L especially given its proximity to the Poudre River.
With the policy efforts to revitalize the naturalistic character of the Poudre River corridor,the Board
believed that re-evaluating the intent and purpose of the C-L Zone should be considered as a future
policy item.
Also, while the Board voted 6 to 0 to recommend approval of the proposed changes, one member
instructed Staff to pass along his individual concern about allowing movie theatres in the C,
Commercial Zone District.
6. Attachments:
The Land Use Code Changes in Ordinance form are attached.
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Proposed November 1999 Land Use Code Revisions
Annotated Issue List
Issue ID# Issue Name
161 Enhance lighting standards and add outdoor auto display lots shall reduce lighting after
closing.
Problem Statement
The Lighting section is too general and does not address highly competitive environments
and uses such as car dealerships(or outdoor display lots,car rental agencies,building
material sales,R.V.lots,mobile home lots),gas stations and convenience stores with fuel
sales. The need for lighting variety by the private sector is not reflected in the one-size-
fits-all code.
From the private sector side,the Code is too vague and subjective. From the public
regulation side, the Code is too generous and does not protect the night sky as a natural
resource that is to be viewed and enjoyed for it astronomical values.
Proposed Solution Overview
Clarify and refine the standards by adding specific language addressing illumination
design in the Lighting Plans. Require outdoor display lots to reduce illumination 30
minutes after closing or 11:00 PM.
Related Code Revisions
Ord Section Code Cile Revision Effect
17 3.2.4(D) Revise and clarify lighting standards.
57 5.1.2 Add a definition of"Fully Shielded'to Article 5
221 Define a minimum size for LMN parcels required to have a park.
Problem Statement
Without this language,a minimum I-acre park is required with any LMN housing project
in the LMN zone,theoretically of any size. With a very small parcel,say not much more
than an acre,it could be physically impossible to arrange the site to meet all other
standards and have the small park in a neighborhood development. Therefore the need
for a threshold of some size is clear.
As far as staff is concerned,the lack of any parcel size threshold is simply an oversight,
rather than an intentional requirement that a park must be included even if it takes a
disproportionately large bite out of the development plan. A small parcel has less
flexibility in layout to provide the park;less neighborhood development to cover the cost
of the park;less demand for the park;and less overall development for which the park
provides visual relief. (A small park is always a nice touch,but on any such small parcels
staff feels it should not be required.)
Proposed Solution Overview
Staff recommends10 acres as the reasonable threshold,for the general reasons stated
above. As a point of reference, staff considered the 13-acre Storybook development at
County Road I I and Mountain Vista Drive. In fact this is probably the first project that
caused the question to be asked. In that case,a park is being provided and indeed,the
plan was large enough to offer some good choices for a logical,useful location.
However, staff thought that if the site had been much smaller it would have been difficult
Thursday,October 21,1999 Page 1 of 15
to fmd a way to fit it into a neighborhood plan;it would have become a more dominant
consideration with the overall neighborhood development more subordinate.
Related Code Revisions
Ord.Section Carte Cite Revision Effect
35 4.4(0)(7) Add exemption for parcels smaller than 10 acres.
230 Apply Big Box Standards to Movie Theaters and Indoor Recreation over 25,000 sq.ft.and
Amend the Definition
Problem Statement
There is a new development in the movie industry. Smaller theatres are being closed and
large,multi-screen theatres with improved seating and audio equipment are being
constructed. The same trend is being observed with respect to such indoor recreation uses
as bowling alleys,climbing gyms,family fun centers and the like. In both cases,the new
structures closely resemble large retail establishments and are in need of the community
integration,site planning and architectural standards and guidelines in order to add value
to our community. These standards and guidelines presently apply only to big box retail.
Proposed Solution Overview
Expand the application of the big box standards and guidelines to include movie theatres
and indoor recreation that consist of 25,000 gross square feet or more. Movie theaters
would be exempt from the multiple entrances requirement.
Related Code Revisions
Ord,Section Code Cite Revision Effect
22 3.5.4.(A)S(B) Add cross reference to section covering enlargements of existing
stores;exempt indoor recreation facilities from"planned center'(4
or more stores) requirement
23 3.5.4(C)(3Xa) Exempts movie theaters from the multiple entrances requirement.
59 5.1.2 Add movie theaters and indoor recreation facilities to the definition
of"large retail establishment".
242 Fix 4.4(D)(4)-Other Non-residential uses to reference the revised Neighborhood center
requirement
Problem Statement
The current wording of Section 4.4(D)(4)refers only to the specific section(3)(a)without
referring to the other 4 subsections of the Neighborhood Centers section of the Land Use
Code. This means that if a development is less than 40 acres in size,the stand alone
commercial can occur even if there is no neighborhood center. By deleting the last few
words of the sentence,the entirety of 4.4(D)(3)comes into play and a neighborhood
center is required before the stand alone use can occur.
Proposed Solution Overview
Staff proposes to amend the code as outlined above to clarify application of this
requirement.
Related Code Revisions
Ord,Section Code Cbe Revision Effect
34 4.4.(Dx4) Clarifies application of the requirement A neighborhood center first
be established before allowing additional non-residential
development in the LMN zone.
247 Clarify that Detached Housing Model variety standards also apply to Single Family
attached housing
Thursday,October 21,1999 Page 2 of 15
Problem Statement
( • Section 3.5.2(B)(1)of the LUC establishes a requirement that ensures that residential
subdivisions promote variety and visual interest through the construction of dwellings
that are dissimilar. The current wording applies this"model variety"standard to single-
family or two-family detached dwelling units. Since the title of this Section is Detached
Housing Model Variety, it is unclear as to whether the standard applies to all single
family units(detached and attached)or just to detached single family units.
Proposed Solution Overview
Staff proposes to amend the Code to clarify that the model variety standard applies to
attached single family"paired"units as well as to detached single family units. Since the
standard currently applies to duplexes,then it would be consistent to apply it to ataached
single family of up to 2 units.
Related Code Revisions
Ord.Section Code Cite Revision Effect
19 3.5.2(B)(1) Clarifies that the housing model variety standard applies to single
family attached housing as well as single family detached.
251 Clarify when it is appropriate for private alleys to follow standards for"private drives"
and when to follow standards for"private streets",and clarify language for the use of
private drives for additional access
Problem Statement
City Plan promotes the widespread use of alleys in both commercial and residential
settings. Public alleys,however,are permitted in residential developments only when: (a)
they are necessary and desirable to continue an existing pattern,or(b)they are needed to
allow access to residential properties having garages or other parking areas situated
• behind the principle structure and the principal structure is on a narrow residential local
street. Staff has intended that the equivalent of an alley for any residential use that does
not qualify to be a public alley can be provided as either a private street or a private
drive.
The way the code reads today,both private streets,and private drives are only allowed
when they would not carry'through traffic"by plan or circumstance. Current Planning
staff and Development Review Engineering Staff are expected to strictly review plans
against this standard,and therefore have often assumed this means that any private street
or private drive configurations allowing connectivity through a block would not satisfy
LUC standards.
In drafting the existing Code language,staff intended that the term"through traffic to
mean something different than the way it has been interpreted by some. The original
intend was that if a street or drive carried"through traffic,"it should mean that it would
be a more attractive through route serving as a primary means of connectivity between
neighborhoods(or parts of town),rather than just serving the local function.
In regard to private drives,the existing language in the Land Use Code limits the length
of private drives for additional access to a maximum length of 150 feet. The intent,when
provisions for private drives for additional access were added to the Code,was not to
limit the length. The 150 foot maximum length should only apply to private drives to be
used for primary access to single family homes.
Proposed Solution Overview
Clarify Section 3.6.2(K)(1)and Section 3.6.2(L)(1)(a)of the LUC where the term
"through traffic" is used.
Thursday,October 21,1999 Page 3 of 15
Clarification should also be made in Section 3.6.2(J)(1),(2),and(3)when referring to
"alleys",that this section is talking specifically about public alleys only.
To clarify use of private drives,Section 3.6.2(L)(2)(c)should be changed to read:
Maximum dead-end length shall be one hundred fifty(150)feet,except for private
drives for additional access.
Related Code Revisions
Orr.Section Code Cite Revision Effect
24 3.6.2(Jx1),(2) Clarifies that alley standards apply to public alleys.
25 3.6.2(Kx1) Clarifies prohibition on private streets where through traffic is
expected.
26 3.6.2(L) Clarifies use of private drives
260 Clarify purpose statement of Solar Orientation standard
Problem Statement
The review criteria for evaluating alternative compliance to the standard does not contain
the original language of the Solar Orientation Ordinance 142, 1991. The original
language included references to exceptional topographic,soil,or other subsurface
conditions or other conditions peculiar to the site as justifications for alternative
compliance or a modification.
Proposed Solution Overview
Add these references into the purpose statement so that there is sufficient criteria by
which to evaluate a request for alternative compliance or a modification.
Related Code Revisions
Ord.Section Code CiteRevision Effect
16 3.22.(A) Clarifies the purpose statement of Solar Orientation standard.
261 Establish a Minimum Residential Density and Standards for H-C.and E zone districts.
Problem Statement
Division 4.21 Harmony Corridor District(H-C)and Division 4.22 Employment District
(E)of the Land Use Code currently do not establish any residential density standards for
the Districts. The lack of residential density standards may create difficulty in reviewing
development applications which propose residential components within the HC District
and the other districts.
Proposed Solution Overview
Based on the above,a series of changes are being recommended for the H-C and E
Districts. These changes will establish:
1.Minimum residential density standards of 7 dwelling units per net acre.
2.A mixing requirement for housing types.
3.Proximity requirements for amenities such as parks and neighborhood centers.
Related Code Revisions
Ord.Sectionte Revision Effect
50 4.21(D) Adds residential density and development standards to the HC
District
Thursday,October 21,1999 Page 4 of 15
51 4.21(E) Clarifies application of standards
53 4.22 Clarifies secondary use standards;
53 4.22 Adds residential density and development standards to the E
District
263 Revise fence code language in 3.8.11(1)regarding opaqueness requirement along arterial
and collector streets to avoid the"tunnel effect"
Problem Statement
The fence regulations contain a provision that regulates the design of fences or walls that
are located along collector or arterial streets. The last sentence of 3.8.11(1)contains
language that is vague and has been difficult to interpret and apply. For example,a
portion of a fence is required to be"non-opaque". Does this mean that a portion should
be open,or simply some material that allows light to penetrate. Does the sentence mean
literally that in every 75'section,no more than 50'can be opaque,or does the phrase"or
proportion thereof'cause it to mean that no more than 2/3 of the length of the entire fence
can be opaque. Additionally,the regulation applies only to the length of the fence,it does
not clarify what portion of the height might need to be non-opaque. This makes it
possible for a 6'high fence with a 1'High"open"area along the length of the top or
bottom to qualify as a non-opaque fence.
Proposed Solution Overview
The intent of this Code section is to make fences visually interesting and to avoid a
tunnel effect. The existing language of the Code section allows"flexibility"in
determining which design elements or techniques should be used,i.e.articulation,
alignment,material,etc.,in order to satisfy the intent.. The applicant submits a proposed
fence/wall design that consists of the various techniques, and then staff evaluates the
design to ensure that the applicant has met the intent of the Code. The code should be
amended by a slight rewording of the first part of the section and by removing the vague
language of the last sentence and replacing it with a sentence that requires variation of
alignment or setback "to the extent reasonably feasible". (Since drainage easements and
other topographical features may limit variation of alignment,the term"to the extent
reasonably feasible"should be included).
Related Code Revisions
Ord.Section Code Che Revision Weer
31 3.8.11(1) Revises and clarifies standards relating to fencing and walls.
264 Add "food catering" as a permitted use in appropriate zones and add definition to Article
5.
Problem Statement
The LUC does not contain a definition for"food catering",nor does it allow it anywhere
in the city. Such a use is most similar to a fast food restaurant,which in part allows food
that is prepared in the restaurant building to be taken out and consumed elsewhere.
However,the traffic impacts of a food catering business are much less than those
associated with a typical fast food restaurant.
Proposed Solution Overview
1)The LUC should be amended by adding "food catering"as a permitted
Commercial/Retail use in all commercial zones that allow standard and fast food
restaurants as follows: D(BP),RDR(type 1),CC(type 1),CCN(type 1),CCR(type 1),
C(type 1),CN(type 1),NC(type 1),CL(BP),HC(type 1),E(type 1),I(type 1). The
addition of"food catering"in these districts satisfies the criteria in Section 1.3.4 of the
LUC for adding uses,and
•
Thursday,October 21,1999 Page 5 of 15
2)Section 4.22(D)(2),which lists the permitted secondary uses in the E district should be
amended by adding"food catering"to the list of uses,and
i
The following definition should be added to Article 5:
Food catering shall mean an establishment in which the principal use is the preparation
of food and meals on the premises,and where such food and meals are generally
delivered to another location for consumption.
Related Code Revisions
Ord.Section code citeRevision Effwl
39 4.12(BX2) Adds'Food Catering"as a permitted use to the D District.
40 4.13(BX2)(c) Adds"Food Catering'as a permitted use to the DRD District
41 4.14(BX2Xc) Adds'Food Catering"as a permitted use to the CC District
42 4.15(8)(2Xc) Adds"Food Catering"as a permitted use to the CCN District.
43 4.16(BX2)(c) Adds"Food Catering"as a permitted use to the CCR District.
44 4.17(BX2Xc) Adds'Food Catering'as a permitted use to the C District.
46 4.18(BX2Xc) Adds'Food Catering'as a permitted use to the CN District
47 4.19(BX2)(c) Adds"Food Catering'as a permitted use to the NC District
48 4.20(BX2)(c) Adds"Food Catering"as a permitted use to the CL District.
48 4.20(B)(2)(c) Adds*Food Catering"as a permitted use to the District
49 4.21(BX2)(c) Adds"Food Catering"as a permitted use to the HC DistricL
52 4.22(B)(2Xb) Adds'Food Catering'as a permitted use to the E District-
54 4.23(B)(2)(b) Adds"Food Catering"as a permitted use to the I District
56 5.1.2 Adds definition of"Food Catering'to Article Five
265 Add "enclosed mini-storage" as a permitted use in the CL district.
Problem Statement
The LUC currently allows enclosed mini-storage facilities only in the C,CN,and I
districts. The list of permitted uses in the CL district is actually more permissive than the
list in the C and CN districts. In fact the CL district allows warehouse uses,whereas the
C district does not,yet enclosed mini-storage is allowed in the C but not the CL.
Proposed Solution Overview
The code should be changed by adding"enclosed mini-storage facilities"to the CL list of
uses in Section 4.20(B)(2)(c)as a Type 1 review.
Related Code Revisions
Ord.Section Codeit Revision Effect
L{. 20(5)(2) (0 P .20 0F DCRFr oco.
267 Clarify that in the NCI,NCM,and NCB districts a rooftop or second floor addition can't
overhang the lower front or side exterior wall of a new building.
Problem Statement
A number of building design standards were adopted in 1996 as part of the
Eastside/Westside code revisions for the older downtown neighborhoods. One of the
standards is a requirement that"A rooftop or second floor addition shall not overhang the
lower front or side exterior wells of the existing building." This current wording prohibits
such an overhang only on existing buildings,meaning that someone can build a new
Thursday,October 21,1999 Page 6 of 15
building with such an overhang.
Proposed Solution Overview
In order to ensure that the residential character of buildings is consistent,the code should
be amended to require that this building design standard apply to new buildings as well
as to existing buildings.
Related Code Revisions
Ord.Section Code Cie Revision EBeet
36 4.6(Fx1)(d) Clarifies that overhang standards apply to as both existing and new
buildings.
37 4.7(Fx1)(d) Clarifies that overhang standards apply to all both existing and new
buildings.
38 4.8(E)(1 xd) Clarifies that overhang standards apply to all both existing and new
buildings.
268 Amend 3.83(10)by adding "adult-oriented use" to the list of uses that are not allowed as a
home occupation.
Problem Statement
The home occupation ordinance(Section 3.8.3)lists a few types of commercial activities
that are expressly not allowed as home occupation activities. This short list of prohibited
home occupations does not include adult-oriented uses. While the LUC does lead one to
interpret that such uses are not permitted as home occupations,the route to get to this
interpretation is rather circuitous.
Proposed Solution Overview
The home occupation regulations should be amended in order to make it very clear that
adult-oriented uses are not permitted as home occupations. The following change is
• recommended to 3.8.3(10):
Related Code Revisions
Ord.Section codeire Revision E{fect
28 3.8.3(10) Clarifies that adult-oriented uses are not permitted as tame
occupations.
269 Clarify setback requirements for properties developed in the R-L but are now in the U-E
zone distrim
Problem Statement
There are a number of single family subdivisions that are currently located in the UE
district,but were developed when the property was in the RL district of the previous
zoning code. Whenever a homeowner desires to construct an addition to the home,the
setback requirements of the UE district must be complied with. These setbacks are much
larger than those of the RL district in effect when the home was built. For example,the
UE requires setbacks of 30'in the front,25'in the rear,and 20'on the sides,whereas the
RL requires setbacks of 20'in the front, 15'in the rear,and only Yon the side. Since the
existing home was constructed under the RL regulations,it is usually already
nonconforming with the UE setbacks. This means that any addition will not be able to
meet the UE setback requirements and a variance is required to be obtained from the
Zoning Board of Appeals(ZBA). Numerous variances have already been granted by the
ZBA,and no such variance requests have been denied.
Proposed Solution Overview
The dimensional standards of the UE district should be amended in order to allow an
( exception for lots that were developed pursuant to the RL standards of the previous code.
Related Code Revisions
Thursday,October 21,1999 Page 7 of 15
Ord.Section Code Cile Revision Effect
32 4.1(D)(2) Exempts lots in the UE District that were developed pursuant to
1 the RL standards of the previous code from current setback
standards.
271 Amend 2.8 regarding modifications,by allowing modifications for minor and major
amendments,in addition to ODP's and PDP's.
Problem Statement
Presently,if a minor or major amendment contains a modification of a standard,the
applicant is forced to file for a Project Development Plan(PDP). This may not be
necessary for projects that are already developed and would result in excessive.submittal
documents that are not pertinent to the issue. The L.U.C.lacks flexibility with this
oversight.
Proposed Solution Overview
Amend 2.8 to add that a modification may be requested in conjunction with a minor or
major amendment.
Related Code Revisions
Ord.Section Code Cite Revision Effect
11 2.8.1 Adds that a modification may be requested in conjunction with a
minor amendment
272 Amend IA.7(B)regarding non-regulated land transfers.
Problem Statement
The language in Section 1.4.7 regarding non-regulated land transfers is not totally clear
with respect to what is exempt from subdivision requirements and what triggers the need
for a subdivision plat or replat.
Proposed Solution Overview
Rewording is necessary in order to clarify when a plat is required.
Related Code Revisions
Ord.Section Code Cite Revision Effect
1 1.4.7(B) Clarifies when a plat is required.
273 Clarify provisions for administratively establishing submittal fees.
Problem Statement
The existing code gives the City Manager authority to administratively establish fees for
the purposes of recovering staff costs associated with reviewing and processing
development applications. Since building permits and other permits are forms of
development applications,the user fees(not the capital expansions fees)associated with
these permits may also be established administratively. However,the existing Code
language does not make this clear.
Proposed Solution Overview
Staff proposes to clarify the language related to the authority to administratively
establish and adjust user fees related to the develop review and permitting.
Related Code Revisions
Ord.Section Code Cite Revision Effect
9 2.2.3(E)(1) Clarity the authority to administratively establish and adjust user
fees related to the develop review and permitting.
Thursday,October 21,19" Page 8 of 15
( 275 Addition of Theaters as a permitted use in the C zone
Problem Statement
The existing Code does not permit theaters to be located in the C-Commercial Zone.
Development community representatives point out that this exclusion is inconsistent with
existing industry trends,and that few sites for new theaters exist in Fort Collins that are
not in the C-Commercial Zone. These interests have requested that staff evaluate adding
theaters as a permitted use in the C-Commercial zone.
This issue has been evaluated before. The last time this request was evaluated,staff
recommended against adding these uses to the C-Commercial zone,on the basis that
these uses should be reserved to provide anchors development in new mixed use activity
centers associated with the CC and NC zones.
Proposed Solution Overview
Industry representatives point out that new theaters are now built almost exclusively as
'big box"multi-plexes,and that the scale and traffic impacts of these new theater is
inconsistent with the more pedestrian oriented character of the CC and NC zones.
Staff agrees that large multiplex theaters may be difficult to develop in the key activity
center related zones,and that these uses should be added as permitted uses in the C-
Commercial Zone, provided that the design standards for Larger Retail Establishments
be revised to also apply to these uses.
Related Code Revisions
Ord.Section Code Cite Revision Effect
45 4.17(Bx3)(b) Adds"Entertainment facilities and Theaters"as a permitted use to
the C District
277 Update Sign Code reference to include B31N district
Problem Statement
The LUC was recently amended by adding a new district,the HMN. The sign regulations
in the Code contain a couple of sections that have a list of the districts that certain general
regulations apply to. Whenever a new zoning district is added to the Code,then the
applicable section of the sign regulations should be amended as part of the adopting
ordinance for the new district This amendment was overlooked and not included in the
1114N, adopting ordinance. Also,staff has noticed that the MMN district designation was
not included in the applicable section of the sign regulations at the time the LUC was
adopted,and it should be added at this time.
Proposed Solution Overview
Section 3.8.7(C)(1)of the LUC pertaining to sign regulations should be amended to
include references to the MMN and HMN districts.
Related Code Revisions
Ord.Section Code CiteRevision Effect
30 3.8.7(C)(1) Adds references to the MMN and HMN districts to existing sign
regulations
278 Add language and reconcile permitted use list with allowed secondary uses in the E-zone
and add reference to Mountain Vista Area.
Problem Statement
These items are a direct follow-up to the Mountain Vista Subarea Plan. Goals and
Thursday,October 21,1999 Page 9 of 15
Policies in the Mountain Vista Subarea emphasize an attractive business district or
business park form for any future development along the Mountain Vista entryway to
Fort Collins.
P.74 of the Mountain Vista Subarea Plan states:
In the Employment zone district,there is concern that retail,restaurant,and other
commercial uses will tend toward a strip commercial pattern of stand-alone buildings and
parking lots along I-25 and the arterial entryways. This is counter to the vision for such
uses to be integrated into an attractive business park environment envisioned for this
area. Therefore,two basic amendments to the Employment District regulations are
recommended to address this concern:
1)Secondary uses should be required to have direct access from collector or local streets
within the Employment District
2)As was done in the Harmony Corridor standards(p.53),secondary uses should be
required to be located and designed to be visually and functionally integrated with
business park-type uses,which are the primary uses in the Employment District. The
language from the Harmony Corridor standards could simply be added to the
Employment District section of the Land Use Code. Also,regulation should be adopted
that require such uses to located at least 1,500 feet from the centerline of Interstate 25,
thus avoiding clustering of highway-oriented uses near interstate interchanges."
Proposed Solution Overview
Staff recommends new language to be added to Section 4.22(D)to directly implement
the Plan,with one minor adjustment to use 1,320 feet(%mile)instead of 1,500 feet as
the separation from the Interstate centerline. Staff believes that the intents and purposes
of the Plan are met,and that the Y+mile number is simply an easier number to work with
and better fits the common parlance of land measurement and division.
Regarding the language requiring secondary uses to be integrated with primary uses,this
is simply clarification consistent with the purposes of the E district city-wide.
Related Code Revisions
Ord.Section Code CiteRevision Effect
53 4.22 Requires secondary uses in the E zone within the Mountain Vista
Subarea to be located with in 114 mile forth 1-25.
281 2.9.4(I7)(2)Clarify that we do post signs for re-zonings
Problem Statement
Section 2.9.4(F)does not indicated whether or not property subject to a rezone
application is posted with a sign. In fact,City staff follow the requirements of Section
2.2.6(B)and post signs based on the supplemental notice requirement contained in
Section 2.2.6(D).
Proposed Solution Overview
staff proposes to add a second paragraph to Section 2.9.4(F)(2)to indicate that posting
properties involved under review for re-zoning is required.
Related Code Revisions
Ord,Section Code Cite Revision Elfeet
12 2.9.4(F) Clarifies that posting properties involved under review for re-zoning
is required
Thursday,October 21,1999 Page 10 of 15
285 Delete on-street Parking requirements in the MMN,NC and CC zones
. Problem Statement
( Revisions were recently adopted(in the Spring of 1999)to the block standard
requirements in Article 4 for the M-M-N,C-C,and N-C districts. Those revisions deleted
requirements with regards to counting on-street parking as part of the maximum number
of parking spaces allowed. A similar section in the Article 3 parking regulations should
have been deleted at the same time,but was overlooked.
Proposed Solution Overview
Section 3.2.2((K)(3)should be deleted.
Related Code Revisions
Ord.Section Code Cite Revision EMW
15 3.2.2(Kx3) Deletes outdated references to on-street parking requirements
consistent with previous revisions to the"block standards'.
288 Clarify reconstruction of non-conforming uses.
Problem Statement
Need to change the term"natural causes"to"natural catastrophe"to address tornado,
flood and the like and not natural wear and tear.
Proposed Solution Overview
Delete the word"causes"from Section 1.5.4
Related Code Revisions
Ord,Section Code Cite Revision Effect
2 1.5.4 Delete"causes'from section 1.5.4
I• 3 1.6.4 Delete"causes'from section 1.6.4
291 "Is a Building Permit required?" Fix 2.1.2.G to clarify references.
Problem Statement
The reference in this section is in error. It presently references 2.6. It should reference
2.7.
Proposed Solution Overview
Fix 2.1.2(G)to clarify that the reference is to 2.7,not 2.6 as presently stated.
Related Code Revisions
Ord.Section Code Cite Revision Effect
6 2.1.2.(G) Clarify that the reference is to 2.7.not 2.6 as presently stated.
292 Home Occupation-Add language to clarify that inhabitants as well as owners may get a
permit 3.83(11)
Problem Statement
Presently,only the'owner"of the home can obtain a Home Occupation License.
Proposed Solution Overview
Change the language so"inhabitants"who are not owners(tenants)may be able to obtain
home occupation licenses as well.
Related Code Revisions
Ord.Section Code Cite Revision EAee!
Thursday,October 21,1999 Page 11 of 15
29 3.8.3(11) Changes the language so"inhabitants*who are not owners
(tenants)may be able to obtain home occupation licenses as well.
1
293 Clarify definition of kennel to delete "grooming,breeding,training or selling of animals."
Problem Statement
The current definition needs to be changed so that grooming,breeding,training and
selling of animals is not part of the business.
Proposed Solution Overview
Delete"where grooming,boarding or training or selling of animals"
Kennel shall mean a facility where the overnight boarding of dogs,cats or other
household pets is conducted as a business.
Related Code Revisions
Ord.Section Codeii Revision Effect
58 5.1.2 Delete*where grooming,boarding or training or selling of animals'
from the definition of'kenner.
294 Clarify definition of non-conforming use.
Problem Statement
The current definition needs to be changed to cover more specifically non-conforming
uses on lands that are newly annexed into the City.
Proposed Solution Overview
The new definition should be:
Non-conforming use shall mean either a use which is lawful and non-conforming under
prior law on the day before the effective date of this Land Use Code or subsequent
amendment thereof,or with respect to lands newly annexed,a use which was lawful
immediately before annexation but which does not conform to the use.regulations for the
zone district in which such use is located either at the time of annexation or as the result
of subsequent amendments to this Land Use Code.
Related Code Revisions
Ord.Section Code Cite Revision Effect
60 5.1.2 Revises the current definition of'non-conforming use'to cover
more specifically non-conforming uses on lands that are newly
annexed into the City.
297 Add Definition of Reverse Vending Machines
Problem Statement
The Code does not now define Reverse Vending Machines.
Proposed Solution Overview
Add a definition to Article 5 for Reverse Vending Machines
Related Code Revisions
Ord.Section Code Cite Revision Effect
61 5.1.2 Add a definition to Article 5 for Reverse Vending Machines.
302 Require autoltruck dealers with street-facing display lots to install a landscape island a
Thursday,October 21,1999 Page 12 of 15
minimum of every 15 cars or 135 feet for r.v.'s or mobile homes.
t Problem Statement
• Auto and truck sales and leasing is a commercial use that has a strong tendency to
gravitate along arterial streets for maximum product exposure. In addition,dealers are
motivated to display product as close to the right-of-way as possible. Experience has
shown that required landscaping in the setback zone designed to help mitigate display
vehicles is often purposely kept to low levels. The urban design of the community and
visual aesthetics along arterials suffer when an excessive amount of vehicles are
displayed in a manner that is unmitigated by landscaping.
Proposed Solution Overview
Require display lots to provide a landscape island at a minimum of every 15 vehicles, or
135 feet,which ever is less. The interval of 15 vehicles is consistent with the
landscaping requirements for commercial parking lots in 3.2.2(E)(6)(b). The landscape
island shall be consistent with 3.2.1 (E)(5)(c).
Related Code Revisions
Ord.Section Code 01 Revision Effect
14 3.2.1(E) Requires vehicle display lots to provide a landscape island at a
minimum of every 15 vehicles.
62 5.1.2 Adds"farm equipment and mobile homes'to the definition of
'Vehicle sales and leasing for farm equipment,mobile homes,
recreational vehicles,large trucks and boats with outdoor storage'.
30S Correct 2.10.2(F)Step 6"Notice". The requirements contain a typo. The number"15"
should be"14".
Problem Statement
Section 2.10.2(F)Step 6"Notice"requirements contains a typo. The number"15"
should be"14".
Proposed Solution Overview
Correct the typo.
Related Code Revisions
Ord.Section Code Cite Revision Effect
13 2.10.2(F) Fixes a typographic error.
306 Clarify 33.2(C)(2) by deleting a redundant reference to a five year guarantee. The
language appears elsewhere and is sufficient to convey intent.
Problem Statement
There is a redundant reference to the five-year guarantee in Section 3.3.2[C)(2). For
purposes of clarity and simplicity,the second reference is deleted.
Proposed Solution Overview
Delete the redundant reference.
Related Code Revisions
Ord.Secrion Code Cite Revision Effect
18 3.2.3(CN2) Deletes a redundant reference to the five-year street guarantee in
Section 3.3.2[C](2).
307 Amend 4.4 (B)(3) [c] (3)to delete the requirement that offices,financial services and clinics
j be minimum of 5.000 square feet in the UM-N zone.
•
Thursday,October 21,1999 Page 13 of 15
Problem Statement
The requirement of a 5,000 square foot structure for offices,financial services and clinics
is overly restrictive and unnecessarily stifles creative design and inhibits the desired mix
of land uses in the L-M-N zone.
Proposed Solution Overview
Delete the reference to requiring a 5,000 square foot minimum structure.
Related Code Revisions
Ord.Section Coik Cite Revision Effect
33 4.4(B)(3)(c)(3) Deletes the requirement for a 5,000 square foot minimum non-
residential structure in the LMN zone outside of neighborhood
centers.
308 Clarify 35.3 [C]regarding the applicability of the 1:3 horizontal to height ratio,and
articulation for walls and facades for "proposed" mixed-use,institutional and commercial
buildings,not existing.
Problem Statement
This issue is relevant in development projects that include existing buildings. When an
existing building does not meet the Code standards,and the developer is not proposing to
rebuild it,a modification should not be required for the existing building. This is a repeat
of a previous problem with standards for building placement:the Code did not state that
the standards for building placement only apply if you are placing a building. The same
reasoning applies here.
The Code does not state that the standards for building massing and far ade articulation
only apply if you are building some mass or facades. So if a development plan contains
an existing building that doesn't meet the standards,development review staff fords that
the standards apply to the building and therefore a modification must be requested to
allow the existing building in the plan.
Proposed Solution Overview
Repeat the solution that fixed the problem in the'Build-To Lines'subsection,that is,state
that the standards for massing and facades only apply if the development project includes
construction of massing or facades.
Related Code Revisions
Ord.Section Code Cite Revision Effect
20 3.5.3.(C) Clarifies that the standards for massing and facades only apply if
the development project includes construction of massing or
facades.
21 3.5.3(D) Clarifies that the standards for massing and facades only apply if
the development project Includes construction of massing or
facades.
309 Add language to the 1,Industrial zone to eliminate the potential discrepancy between the
30 foot buffer yard and the"build-to tine" in 35.3.
Problem Statement
In general,the Industrial district is a place where pedestrian orientation and community
appearance are not primary considerations. Its few standards mainly emphasize screening
and buffering along district edges and arterial streets.
However,certain specific uses are required to meet the pedestrian orientation and
community appearance standards in Section 3.5.3. Plus,staff believes that other uses
should be allowed to comply with the higher standards of Section 3.5.3 if a developer
Thursday,October 21,1999 Page 14 of 15
decides that approach fits a development project better than the buffer yard approach.
Proposed Solution Overview
(� The proposed language amendment clarifies that if a development plan takes the
approach of meeting the higher standards in Section 3.5.3,then the 30-foot buffer yard
along an arterial street has been superseded and does not apply.The language would be
added to subsection 4.23(E)Development Standards(3)Site Design(a) Screening.
2.A minimum thirty-foot deep landscaped yard shall be provided along all arterial
streets,and along any district boundary line that does not adjoin a residential land use. If
a district boundary line abuts upon or is within a street right-of-way,then the required
landscaped yard shall commence at the street right-of-way line on the district side of the
street,rather than at the district boundary line.
This requirement shall be superseded and shall not apply in a development plan that
meets the standards contained in Section 3.5.3.
Related Code Revisions
Ord.Section Code Cite Revision Effect
55 4.23(Ex3)(a)2 Clarifies that If a development plan takes the approach of meeting
the higher standards in Section 3.5.3,then the 30-foot buffer yard
along an arterial street has been superseded and does not apply.
311 Fix the cross-reference citations in 2.1.2(B)(F)and 2.13(A)(D)(1).
Problem Statement
Previous Code changes have added"steps"to the"Common Development Review
Procedures for Development Applications"which changed the numbering sequence. The
new numbering sequence was not updated in other explanatory sections so the cross-
references are not synchronized with the body of the text.
Proposed Solution Overview
Fix the cross-reference citations.
Related Code Revisions
Ord.Section Code Citee Revision Effwr
4 2.12(B) Fixes cross-reference citations in 2.1.2(B)(F)and 2.1.3(A)(D)(1).
5 2.1.2(F) Fixes cross-reference citations in 2.1.2(B)(F)and 2.1.3(A)(0)(1).
7 2.1.3(A) Fixes cross-reference citations in 2.1.2(B)(F)and 2.1.3(A)(D)(1).
8 2.1.3(Dx1) Fixes cross-reference citations in 2.1.2(B)(F)and 2.1.3(A)(D)(1).
10 2.2.12 Fixes cross-reference citations in 2.1.2(B)(F)and 2.1.3(A)(D)(1).
Thursday,October 21,1999 Page 15 of 15
• ORDINANCE NO. 165, 1999
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 "fluid" document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
Land Use Code and have made recommendations to the Council regarding such issues;
and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the welfare 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 1.4.7(B) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) Notwithstanding the provisions of Colorado law to the contrary,
any parcel of land, whether larger or smaller than thirty-five (35)
acres, may be conveyed metes and bounds
description or by other usual and customary method of land
description, without being subject to subdivision requirements;
provided, however, that no such tr_a;;s€erconveyance shall imply or
confer any right to develop, or create a new lot upon -which'
develgpmed_cimo occur if suc ,development hasmot been approved
prior 0 the conveyance, nor shall,:such conveyance create"'a'
nonconformity of any nature whatsoever, or circumvent the intent
or requirements of this Land Use Code- ine 4
4-4 , the mix ef heiasingvaJ
_
1
W I._ and. _pi tea a8..818pineat stafid ds (Seetiens n FE!,
414jE3 and4l19[Fil) er ether .teffidffds ,ovAing PaFeel
diVAeOsiees.
Section 2. That Section 1.5.4 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
1.5.4 Reconstruction
A nonconforming building or structure or a building or structure containing a
nonconforming use which has been taken oveivmen nisi
. fi
damaged by fire or other accidental c e, may be
reconstructed, provided such work is started within six (6) months of the date of
occurrence of such damage and completed within one (1) year of the time the
reconstruction is commenced, and provided that, to the extent reasonably feasible,
such restoration complies with the standards contained in Articles 3 and 4.
Section 3. That Section 1.6.4 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
1.6.4 Reconstruction
A building or structure containing an existing limited permitted use which has
been cen byovenm tal ac damaged by fire or other accidental
cause or natural sausesnatastrog._ may be reconstructed, provided that, to the
extent reasonably feasible, such reconstruction complies with the standards
contained in Articles 3 and 4.
Section 4. That Section 2.1.2(13) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) K%at uses are proposed? Next, an applicant must identify which uses
will be included in the proposed project. If all of the applicant's proposed
uses are listed as permitted uses in the applicable zone district for the
project, then the applicant is ready to proceed with a development
application for a permitted use. If any of the applicant's proposed uses are
not listed as permitted uses in the applicable zone district for the project,
then the applicant must either eliminate the nonpermitted uses from his or
her proposal, seek the addition of a new permitted use pursuant to Section
1.3.4, or seek a text amendment to this Land Use Code or a rezoning
amendment to the Zoning Map pursuant to Division 2.8�,. Any use not
listed as a permitted use in the applicable zone district is deemed a
prohibited use in that zone district, unless it has been permitted pursuant to
Section 1.3.4 for a particular development application. Again, the city's
2
• staff will be available to assist applicants with their understanding of the
zone districts and permitted uses.
Section 5. That Section 2.1.2(F) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(F) What if the development proposal doesn't fit into one of the types of
development applications discussed above? In addition to the three (3)
development applications for permitted uses, the applicant may seek
approval for other types of development applications, including
development applications for a modification of standards (Division 2.48),
an amendment to the text of the Land Use Code and/or the Zoning Map
(Division 2.89), a hardship variance (Division 2.410), an appeal of an
administrative decision (Division 2.144P or other requests. These other
types of development applications will be reviewed according to
applicable steps in the common development review procedures.
Section 6. That Section 2.1.2(G) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(G) Is a building permit required? The next step after approval of a
final plan is to apply for a Building Permit. Most construction
• requires a Building Permit. This is a distinct and separate process
from a development application. The twelve (12) steps of the
common development review procedures must be followed for the
Building Permit process. Procedures and requirements for
submitting a Building Permit application are described in Division
z62=7..
Section 7. That Section 2.1.3(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(A) Applicability. All development proposals which include only
permitted uses must be processed and approved through the
following development applications: first through a project
development plan (Division 2.4), then through a final plan
(Division 2.5), and then through a building permit review
(Division 2.67). If the applicant desires to develop in two (2) or
more separate project development plan submittals, an overall
development plan (Division 2.3) will also be required prior to or
concurrently with the project development plan. Each successive
development application for a development proposal must build
upon the previously approved development application by
providing additional details (through the development application
submittal requirements) and by meeting additional restrictions and
3
standards (contained in the General Development Standards of
Article 3 and the District Standards of Article 4).
Permitted uses subject to administrative review or permitted uses
subject to Planning and Zoning Board review listed in the
applicable zone district set forth in Article 4, District Standards,
shall be processed through an overall development plan, a project
development plan or a final plan. If any use not listed as a
permitted use in the applicable zone district is included in a
development application, it may also be processed as an overall
development plan, project development plan or final plan, if such
proposed use has been approved, or is concurrently submitted for
approval, in accordance with the requirements for an amendment to
the text of this Land Use Code and/or the Zoning Map, Division
2.2b or in accordance with the requirements for the addition of a
permitted use under Section 1.3.4. Development applications for
permitted uses which seek to modify any standards contained in
the General Development Standards in Article 3, or the District
Standards in Article 4, shall be submitted by the applicant and
processed as a modification of standards under Division 2.: .
Hardship variances to standards contained in Article 3, General
Development Standards, or Article 4, District Standards, shall be
processed as hardship variances by the Zoning Board of Appeals
pursuant to Division 2.9 . Appeals of administrative/staff
decisions shall be according to Division 2.44111.
Section 8. That Section 2.1.3(D)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) Purpose and effect. The final plan is the site specific
development plan which describes and establishes the type
and intensity of use for a specific parcel or parcels of
property. The final plan shall include the final subdivision
plat (when such plat is required pursuant to Section 3.3.1 of
this Code), and if required by this Code or otherwise
determined by the Director to be relevant or necessary, the
plan shall also include the development agreement and
utility plan and shall require detailed engineering and
design review and approval. Building permits may be
issued by the Building and Zoning Director only pursuant
to an approved final plan or other site specific development
plan, subject to the provisions of Division 2.48.
Section 9. That Section 2.2.3(E)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
4
(1) Recovery of Costs. Development review fees are hereby established for
the purpose of recovering the costs incurred by the city in processing,
reviewing and recording applications pertaining to development
applications or activity within the municipal boundaries of the city; and
issuinj . The development review fees imposed
pursuant to this Section shall be paid at the time of submittal of any
development application, or at the time, lssuaiice otheermit, s
deternnned V, e PjB Mariager and estab'hshe"in the development
ievi ee soli e.
Section 10. That Section 2.2.12 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
2.2.12 Step 12: Appeals
Appeals of any final decision of a decision maker under this Land Use Code shall
be only in accordance with Chapter 2, Article II, Division 3 of the City Code,
unless otherwise provided in Divisions 2.3 through 2.4.911 of this Land Use Code.
Section 11. That Section 2.8.1 of the Land Use Code of the City of Fort
. Collins is hereby amended to read as follows:
2.8.1 Purpose and Applicability
The Planning and Zoning Board is empowered to grant modifications to the
General Development Standards contained in Article 3 and the Land Use
Standards and Development Standards contained in Article 4 and any separation
or proximity standards that are established as a specific measurement of distance
in the District Permitted Uses contained in Article 4, either for: (1) overall
development plans and/or project development plans which are pending approval
at the time that the request for proposed modification is filed, or (2) overall
development plans and/or project development plans which the applicant intends
to file, provided that such plans are in fact filed with the Director as development
applications within one(1) year following the determination of the decision maker
on the request for the proposed modification, or evelmitil pprove
,• Sh ., ( 1
find nor: and ch ou f to be end r eith shin or
amen ecti 2 210
Section 12. That Section 2.9.4(F)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Rezonings of no more than six hundred fort (640)
acres (quasi-judicial): Section 2.2.6(A) shall apply
5
except that the notice provided for therein shall be
mailed at least seven (7) days prior to the public
hearing/meeting date (instead of fourteen [14] days)
and shall identify the proposed new zoning
district(s), as well as the uses permitted therein,
shall indicate whether a neighborhood meeting will
be held with regard to the proposed rezoning, and
shall inform the recipient of the notice of the name,
address and telephone number of the Director, to
whom questions may be referred with regard to
such zoning change. Section 2.2.6(B ,� (C) shall
apply. Section 2.2.603-} D) shall not apply.
Section 13. That Section 2.10.2(F) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(F) Step 6 (Notice): Section 2.2.6(A) only applies, except that "500 feet" shall
be changed to "150 feet," and "4- days" shall be changed to 7 days,"
everywhere they occur in Section 2.2.6.(A). Section 2.2.6 (B)-(D) shall
not apply.
Section 14. That Section 3.2.1(E) of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new subparagraph (7)to read as follows:
- an a o. 1 sr,Fln �ecle 3i' to
xs
vela Man easuig �# a tie c `
islan
1 . eso
Section 15. That Section 3.2.2(K)(3) of the Land Use Code of the City of Fort
Collins be deleted in its entirety and subsequent paragraphs be renumbered.
(9) 190 r D ..1.:mg ri the NR M N r r and N C dist..:ete
street Parking within ed:etel. ed: ..t ♦.. tha
i. ll L eeimted tewar-d the par4 ag -e eat Aft-he
Section 16. That Section 3.2.3(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(A) Purpose. It is the city's intent to encourage the use of both active
and passive solar energy systems for heating air and water in
6
• homes and businesses, as,long- natdra fopograp'6" soif:6 other
subsurface conditions or otherinatural conditions'pecultar &'the
site are ' reserved. While the use of solar energy systems is
optional, the right to solar access is protected. Solar collectors
require access to available sunshine during the entire year,
including between the hours of 9:00 am and 3:00 pm, MST, on
December 21, when the longest shadows occur. ,additionally, a
goal of this Section is to ensure that site plan elements do not
excessively shade adjacent properties, creating a significant
adverse impact upon adjacent property owners. Thus, standards
are set forth to evaluate the potential impact of shade caused by
buildings, structures and trees.
Section 17. That Section 3.2.4(D) of the land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Design Standards. The lighting plan shall meet the following
design standards:
(1) Site lighting that may be confused with warning,
emergency or traffic signals is prohibited.
(2) Background spaces like parking lots shall be illuminated as
unobtrusively as possible to meet the functional needs of
safe circulation and of protecting people and property.
Foreground spaces, such as building entrances and plaza
seating areas, shall utilize local lighting that defines the
space without glare.
(3) Light sources shall be concealed and of iIlll shielded to-tke
x «� l
eature s arc . 4ca� s�oat" e
Ni glare and unnecessary diffusion on
adjacent property-
(4) The style of light standards and fixtures shall be consistent
with the style and character of architecture proposed on the
site. Poles4rall` b' o (orb o wetated) q
"rnrm�tizegl�" omi�`lightso e;
(5) Light sources must minimize contrast with the light
produced by surrounding uses, and must produce an
unobtrusive degree of brightness in both illumination levels
• and color rendition. Incandescent,—iReFsaFy-vapeF and high-
pressure sodium light sources all can provide adequate
7
illumination with low contrast and brightness and are
permitted light sources.
(6) Unique areas or neighborhoods within the city may have
additional design guidelines for lighting as part of a
neighborhood or area plan. The Community Planning and
Environmental Services Department can provide
information regarding neighborhood or area plans. Natural:
areas and na ` eaatures s be protected grim light;
°sprllage.from off situ urces
(7) Maximum on-site lighting levels shall not exceed ten (10)
foot-candles, except for loading and unloading platforms
where the maximum lighting level shall be twenty (20)
foot-candles.
(8) Light levels measured twenty (20) feet beyond the property
line of the development site (adjacent to residential uses or
public rights-of-way) shall not exceed one-tenth (0.1) foot-
candle as a direct result of the on-site lighting.
ad
requrremen echo, _
Ill11IIIlnahOn ll¢e thm lty`(30,� eS,
after closrnso ,".e `b re_ tmng it
�ctent for trrp eonlyi� ded s
thatatrytll edsafte 1.00'p*m all ediYa
euels � ,' o ecuu os
Section 18. That Section 3.3.2(C)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The plat shall contain a two-year maintenance guarantee and a
five-year repair guarantee covering all errors or omissions in the
design and/or construction,
peFieg of five (5) years. Said guarantees shall "_nc�y�'
1 commence upon the date of completion of the public
improvements and acceptance by the city, as described in Section
2.2.3(C)(3) (Execution of Plats/Deeds; Signature Requirements).
If a plat is not required or if the plat does not include the entire area
being developed, then said maintenance and repair guarantees shall
be established in a development agreement. Security for the
maintenance guarantee and the repair guarantee (hereinafter
referred to as the "maintenance/repair security") shall be in the
form of a bond, letter of credit, cash, certificate of deposit, an _.
8
. extension of the security as provided in subsection (1) above .or
other city-approved means to secure said maintenance and repair.
The amount of the maintenance/repair security during the mainte-
nance guarantee period shall be based on a percentage of the cost
of the public improvements. Said percentage shall be determined
by the City Engineer based on the potential costs of repairs within
the development and shall not exceed twenty-five (25) percent. At
the conclusion of the two-year maintenance/repair period,
representatives of the city and the developer shall jointly conduct
an inspection of the development for the purpose of identifying any
repairs or maintenance actions necessary before transfer of the
maintenance responsibility from the developer to the city. Upon
satisfactory completion of said repairs or maintenance actions, the
city will assume the responsibility for maintaining the streets and
other improvements which have been dedicated to the city.
Section 19. That Section 3.5.2(B)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) ^ Housing Model Variety.
(1) Any development of one hundred (100) or more single-
family detac ;'sm a to �� &N
(2 or two-family detached dwelling units shall have at
least four (4) different types of housing models. Any
development of fewer than one hundred (100) single-family
or two-family dwelling units shall have at least three (3)
different types of housing models. The applicant shall
include in the application for approval of the project
development plan documentation showing how the
development will comply with the foregoing requirement.
Section 20. That Section 3.5.3(C) of the Land Use Code of the City of Fort
Collins is hereby amended by changing the introductory sentence to read as follows:
(C) Variation in Massing. A single, large, dominant building mass
{ T. M e ,... P,yx l•n
shall be avoided m�ew,�bON
gs �xo,the en�eas r a,
)easitile developmerit »ec n .g>� esxa he OM
ex stirs ja Iii ings.
Section 21. That Section 3.5.3(D) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of an introductory sentence to read as follows:
• (D) Character and Image Inn g n to to
=easoi>a�i1 �ib�e eye man ectsia vui s tp`
.J._.; _..ian e g >Z
9
existing budding walls; facades,,o4awnings (as applicable), the
follov� ng staii ar shall'apply:
Section 22. That Section 3.5.4(A) and (B) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(A) Purpose. These standards are intended to ensure that large retail
building development is compatible with its surrounding area and
contributes to the unique community character of Fort Collins.
(F r ansions enlargemen £ e retail estabIfs'l-!n t- see,
al o "echon8 ;9(A�j . _ .
(B) Land Use. All Large Retail Establishments shall be located in a
group of more than four (4) retail establishments located in a
complex which is planned, developed, owned or managed as a
single unit with off-street parking provided on the property. tudor
on f� 1F 7ee�iuiein
Section 23. That Section 3.5.4(C)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Entrances. All sides of a large retail establishment
that directly face an abutting public street shall
feature at least one (1) customer entrance. Where a
large retail establishment directly faces more than
two (2) abutting public streets, this requirement
shall apply only to two (2) sides of the building,
including the side of the building facing the primary
street, and another side of the building facing a
second street. (See Figure 15.). oexs
iffi
' srr
Section 24. That Section 3.6.2(J)(1), (2) and (3) of the Land Use Code of the
City of Fort Collins is hereby amended to read as follows:
(J) _c galleys and other easements shall be controlled by the
following requirements:
(1) puk 'C A4 lleys in residential subdivisions shall be permitted
only when: (a) they are necessary and desirable to continue
an existing pattern, or(b) they are needed to allow access to
residential properties having garages or other parking areas
situated behind the principal structure and the principal
structure is on a narrow residential local street.
10
(2) Public Aalleys shall be provided in commercial and
industrial areas unless other provisions are made and
approved for service access.
(3) All public alleys shall be constructed in conformance with
the "Design and Construction Criteria, Standards and
Specifications for Streets, Streetscapes, Sidewalks, Alleys
and Other Public Ways" as adopted by the City Council by
ordinance or resolution.
Section 25. That Section 3.6.2(K)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) When Allowed. Private streets shall be allowed in a
development, provided that their function will only be to
provide access to propert4sy within the development.
ga-ee;s that maye", n44elagh «...stir." (by piaa oi
eireufastanee) sha4 be publie streets. All aeyalspmepA
1W 4^
f ud
i gm u c
x ¢.
uo �� s to;en`ler ece nnJMI '
be een;'deve p�pments, borltoods, oi�i �" �
a ,111
tfons nu i e of eve went lan ; A
Section 26. That Section 3.6.2(L) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(L) Private Drives.
uses. vatees.
, sash ae seminer-pial And
iadus4i84, shall be regiiiatod as pa&iag lets and shall be 6418wed as
Fl,e .ie..eIBPF..e..t ..lies. .,4 Rostie., C ..eet
19r3� , St
(1) When Allowed.
(a)w accAaddi �oss- s e s
e allox� q elapment; at TM
chbn will - e " YI t;"..acces c w
Develop or HI al. cro c e en
et e o men It nnected by treef Pli e
�>r n_
nves�shall nog afy Plan
. suc ye�ssw m udent o � nS?P =
attract "tiuough#raffic"in such volumes,-js..to�xender such
dnves necessary;,as;"connec ons;betweer} developmeiifs;
neighborhoods, or other orI and lest _{tons outside.of
the, deve&opment�p not, be
permitte' pr6yents-or lmunishes compliance witlisany
other progvipons o plus Lar dII7se Code.
(ab) Pnmaiy'�access_in 9single-family developments. A
private drive, nstea$ fa stieei shall be allowed to
provide primary access to an unusually shaped
parcel of land to serve up to four(4) isolated single-
family lots, provided that the drive is connected to
only one (1) street. A . ..te drive may aat be osed
eelA a the d'7..e All deyslepfae.d ..laas ...6:h
..elode a pr-epesed private drA,es Faast .. mply
.ith eeetie.. 1.6.3 iet..vet pane..ft and ne....vet;..:t..
ffeeld
aes ccess et.
11e...ed to .. aesess to buddings ae.de:..iag
is d to ....1.. .. e (1) ..Meet or., ahem lively,
e
ive shall be Aigned se 4gat it does
(9) Additional aeeess. A p ,a4e &ye m y Yee ene..aeaaAe .ed
-: 1 street so leng a .sh p ...te drive. :
1 d within ate AAAArs AAAAfnent thM s
(by pjaa er eirsametanse) 44w limit 4 few (4)
f -...:1y let- established in subseet:e.. (a)
above shall net apply to stish edd:tie..e, Apeers
Section 27. That Section 3.6.2(L)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Maximum dead-end drive length shall be one
hundred fifty (150) feet ezc � a' ` .sae.
12
that provide addition L access as-.,referencedt in
wv
subsechon(b)above.
Section 28. That Section 3.8.3(10) of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new subparagraph (f) to read as follows:
(f) ;,a adult onented use.
Section 29. That Section 3.8.3(11) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(11) A home occupation shall be permitted only after the owner or1ttarif of
the dwelling in which such occupation is conducted has obtained a home
occupation license from the city. The fee for such a license shall be ten
dollars ($10.), and the term of such license shall be two (2) years. At the
end of such term,the license may be issued again upon the submission and
review of a new application and the payment of an additional ten-dollar
fee. If the city is conducting an investigation of a violation of this Code
with respect to the particular home occupation at the time such renewal
application is made, the license will not be reissued until the investigation
is completed, and if necessary, all violations have been corrected. The
term of the previous license shall continue during the period of
investigation.
Section 30. 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 for Residential Districts and Uses. Signs in the
N-C-L, N-C-M, U-E, R-L, L-M-N, Tr NC-
B, R-C, and P-O-L Districts may include and shall be
limited to the following:
Section 31. That Section 3.8.11(1) of the Land Use Code of the City of Fort
Collins be amended to read as follows:
3.8.11 Fences and Walls
Fencing and Walls. Fencing and walls L
pwpeses-shall meet the following standards:
(1) If used along collector or arterial streets, such features shall
be made visually interesting and shall avoid creating a
"tunnel' effect x Compl avi_, Yi}1 tan ?may
• accglrsliec7 by integrating architectural elements such as
brick or stone columns, incorporating articulation i[
13
openings into the design, varying the alignment or setback
of the fence, softening the appearance of fence lines with
plantings, or similar techniques. in Me i*st ase ,.9we..e_
h 11 a fease efwall be e e f_Fae_e than figy (end smt
C OV@F)' Ave (79) fee; 8. lBFt4. _ Prepel4ie..
4W-Be€To , flke` extent', reasonably, feasible,��fences and
sections--offences thaf exceed one hundred (100) feet in
lengthxshall Katy the alignment orsetba xAf at;least one
third'd13) �ie length:of the deuce , e6nce�echon o as
applil b"}*�rninunnm oftfive(Sa feet.
Section 32. That Section 4.1(D)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Dimensional Standards.
(a) Minimum lot width shall be one hundred (100) feet;
xc at tie o
r
welltn on; ocat It x on
dev, 0 t tact;.
star
(b) Minimum depth of the front yard shall be thirty (30)
fee, eept that tliciuuinuind f tthe nt
hard sings Aami"i w bn Pt o ed n:
asu } sionhat�vasle e E� an�oe2T
97slbe
(c) Minimum depth of the rear yard shall be twenty-
five (25) feet6R.,cept
fo stl►.
to a
puruan to fheRL distcxotand or,
28,4 s7:shallUe.fift°e.— feet.
(d) Minimum side yard width shall be twenty (20) feet;.
xc th meth edfar `
sm e q welbt)g�oA a c n
xi
U onftk " � eoelaped pf i,to he��
a
di" d�ards nnrti o Ndar T e
n; tstd. coittot
°ems.
14
(e) Maximum building height shall be three (3) stories.
Section 33. That Section 4.4(B)(3)(c)3. of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
3. Offices, financial services and clinics
66fft2trif3g Ave the eee$id is,nnm)- er—iv'o
sqoare feet 9�gFessPeer ., e ..&e which
are not part of a neighborhood center.
Section 34. That Section 4.4(D)(4) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(4) Other Nonresidential Development. Permitted
nonresidential uses that are not part of a neighborhood
center shall not be approved in any development project
until the requirements for a neighborhood center in
subsection (3) above have been met
am d-appribad :. ce .: n n nmvz i-I This limitation Shall
not apply to uses permitted along East Vine Drive under
subsection(5)below.
• Section 35. That Section 4.4(D)(7) of the Land Use Code of the City of Fort
Collins is hereby amended by changing the introductory sentence to read as follows:
(7) Small Neighborhood Parks. Either a neighborhood park or
a privately owned park, that is at least one (1) acre in size
shall be located within a maximum of one-third (`/3) mile of
at least ninety (90) percent of the dwellings in ei
development project of ten(10);a'ores orarger, as measured
along street frontage. Such parks shall meet the following
criteria:
Section 36. That Section 4.6(F)(1)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(d) A rooftop or second floor addition shall not
overhang the lower front or side exterior walls of
fi�ie"xiev!of existing building.
Section 37. That Section 4.7(F)(1)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
Is
(d) A rooftop or second floor addition shall not
overhang the lower front or side exterior walls of
rhea new'or existing building.
Section 38. That Section 4.8(E)(1)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(d) A rooftop or second floor addition shall not
overhang the lower front or side exterior walls of
theaimewaor existing building.
Section 39. That Section 4.12(B)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The following uses are permitted in the subdistricts of the
Downtown District, subject to Building Permit (BP)
Review, administrative (Type 1) Review or Planning and
Zoning Board (Type 2) Review as specifically identified on
the chart below:
Land Use Old City Center Canyon Avenue Civic Center
Two-family dwellings Not Permitted Type 1 Not Permitted
Single-family attached Not Permitted Type 1 Type 1
dwellings(up to four units
per building)
Multi-family BP Type 2 Type 2
Dwellings
Group homes Type 1 Type 2 Type 2
Mixed-use dwelling units BP Type 1 Type 1
Boarding and rooming Type 2 Type 2 Type 2
houses
Fraternity and sorority Not Permitted Type 2 Not Permitted
houses
Places of worship or Not Permitted Type 1 Not Permitted
assembly
Public and private schools BP Type 1 Type 1
(colleges,universities,
16
• Land Use Old City Center Canyon Avenue Civic Center
vocation training)
Public and private schools Type 2 Type 2 Type 2
(elementary,intermediate
and high school
education)
Community facilities Type I Type 1 Type 1
Conference/ BP Type 2 Type 2
convention center
Long-term care facilities Type 2 Type 2 Type 2
Public facilities BP Type I Type 1
Parks,recreation and Type I Type I Type 1
other open lands,except
neighborhood parks as
defined by the Parks and
Recreation Policy Plan
•
17
Transit facilities(without Type 2 Type 2 Type 2
repair/storage)
Jails,detention and penal Not Permitted Not Permitted Type 2
centers
A ,
23
Bed and breakfast BP Type 1 Type 1
establishments
Standard restaurants BP Type 1 Type 1
Retail establishments BP Type 2 Type 2
Grocery stores Not Permitted Type 1 Type 1
Personal and business BP Type 1 Type 1
service shops
Offices,financial services BP Type 1 Type I
and clinics
Artisan,photography BP Type 1 Type 1
galleries and studios
Limited indoor recreation BP Type 1 Type 1
establishments
Fast food restaurants BP Type 1 Type 1
Gasoline stations Not Permitted Type 2 Type 2
Bars and taverns BP Type 2 Type 2
Night clubs BP Type 2 Type 2
Entertainment facilities BP Type 2 Type 1
and theaters
Child care centers Type 1 Type 1 Type 1
Clubs and lodges BP Type 1 Type 1
Funeral homes Not Permitted Type 2 Not Permitted
Lodging establishments Type 2 Type 2 Type 2
Health and membership BP Type 1 Type 1
clubs
18
• Parking lots and garages Type 2 Type 2 Type 2
(as a principal use)
Veterinary facilities/small Not Permitted Type 2 Type 2
animal clinics
Supermarkets Not Permitted Type 2 Type 2
Open-air fainters markets Type I Type 1 Type 1
Large retail Type 2 Type 2 Type 2
establishments
Print shops Type 1 Type I Type 1
Dog day-care facilities Not Permitted Type 2 Type 2
ooa�
Workshops and small Not Permitted Type 1 :Typecustom industry
Research laboratories Not Permitted Type 1
• Accessory buildings BP BP BP
Accessory uses BP BP BP
Satellite dishes more than BP BP BP
thirty-nine(39)inches in
diameter
Wireless telecommuni- Type I Type I Type I
cation equipment
Wireless Type 2 Type 2 Type 2
telecommunication
facilities
Drive-in facilities Not Permitted Type 2 Type 2
Section 40. That Section 4.13(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 11. to read as follows:
11 ,,oiid oateriig
Section 41. That Section 4.14(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 23. to read as follows:
•
19
23. Food catering.
Section 42. That Section 4.15(B)(2)(c) of the Land Use Code of the city of Fort
Collins is hereby amended by adding a new subparagraph 20. to read as follows:
20. ',-.Food catering.
Section 43. That Section 4.16(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 17. to read as follows:
17 AM,pp catering.
Section 44. That Section 4.17(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by,adding a new subparagraph 26. to read as follows:
t6 Aod catetir►
Section 45. That Section 4.17(B)(3)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 11. to read as follows:
1. ertau m litr`s
, .�
Section 46. That Section 4.18(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 35. to read as follows:
x'zts„g
g5, bod cat ennnn
Section 47. That Section 4.19(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows:
20v
Section 48. That Section 4.20(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding new subparagraphs 10. and 11. to read as
follows:
�1 �„�nclosed�uur�t`�"Skorage `,yes:
Section49. That Section 4.21(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 4. to read as follows:
20
Section 50. That Section 4.21(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Land Use Standards
(1) Harmony Corridor Land Use Standards. All development in the H-C
Harmony Corridor District shall comply with the Harmony Corridor land
use and locational standards as adopted by the city and the=following,`
specific standard's to the extent that such standards apply to the property
proposed to be developed.
(2) Secondarye a secondary.'uses shally ntegratedrothm function
and', a to anger em eri eti dev P flan ;
emphasrrz4s llo' erau $uses sfiat):
constdered" n�this a di' d;lo oecit
no, re.,, e (25)'pent .o a to ass ea �f e
developme"
0
}
t
(f) War s az c stom'sixtall ind y es.-,
�)e
,� �' ts`liments
7 , fir Go
�)n YaW a'UP!•p.n++..
` .:Stan'�ar�dIl'Cg�ltrants.'
Bed'aidr"eaastestablislun'"ents
(mj"` ,g i�erslup�clirb,s'
�n C on an conferences $tens
21
(�3) Dimensional standards.
(a) Maximum building height for all nonresidential uses shall be six
(6) stories. Maximum building height for residential uses shall be
three (3) stories.
(b) All new structures greater than eighty thousand (80,000) square
feet in gross leasable area shall be subject to Planning and Zoning
Board review.
(c) Any building addition that exceeds eighty thousand (80,000)
square feet in gross leasable area and exceeds twenty-five (25)
percent of the gross leasable area of the existing building shall be
subject to Planning and Zoning Board review.
t. tt a -C any
" _i ty"o en
we
Let, esi$
,
�nstn esVIC
,
ded m` .apm tialais as s
v of
kitF�ng vvi �..�ev` ent�lan _ ,
1 b Y
� t ortio� �
e"o
acres 0� a z r}Cludi arce" c"h
are p, Base : > ziv (3) Ong i
type . , . s �. deve ent
plan`- �z 7ti arc ct:
ace` o
fa cos t 1 '
egwv "b glhonstng,
dwel �u1ti`- V vu I is o In "µ aUon" #�
ot;: �6nsh� lt or�, ent usuig.
typ y oao trtscas.
t: ttem el a o ttn sh ` `e"desi eCo
ally` and
22
�ce
(6) A
develoon jftcq�ppopent', i1i 6
largeith -A n
(101 a4p A�-k��, at- qast-mn �dweliin
I at -'�Jifliif "Aousan n 4
oc ed a I Id' 'Ap di enty (1,q�%Nf e�t�:j
q 1 Qb ofhc@, �'- k,`�'�4) ya 1'
located,e!
'thi "'ith
-re,
or:-,a t
V�i
proi stan6e;shili-'ba�ffieii&e4
I, 1 1011",
os aji�streer-
re..
ce
pp:
fol es:
-4109.1.Ei
sr �,p
Zip De-'JU
s44n- 0
es
'e
"�47= Big !$arZr-shW-
WPM
te'n
-0
e"
'�'g�tegrapng;,i
aae�t m-duft" Asf 'i" q—
-e' -, tkie;de""
-SuQI ih -:sIo e - r,
otl�r s4l
MJPPIA5 earbiRfON
23
these buildmgs or structures��aass`:used o meet the;Tequirements,of
this subsection then it must als0'Ir ude 4 year,tound, pubI ciy
accessib]e, outdoor space ofaeast 3 Auousandr(10,000)square
feet ' susable configuratio Suchs-ace may��e a *k,dike
la en l �...... o r�cowty'Ao a'=Mmodate'�such
ac er o door athenngs neig orfioodue vents, picmckmg
to acti�%encllorpassiu �ecreafion:
roa Fm . _ _( a ni Ipry
(7) ��1�cess�oMe�`"�i borh 5�dnter � tlly'� ercertyt ry kkte:
dwellmgs�m$a�resi.rifial evelop 4 ;g hall3b oca t iiin
three khous e f
eith ea r oo enterusuan o th uuexn Div! 4'
o` cto j leve f;
r
ed stre iftage bnt
ass .1 u a a
Section 51. That Section 4.21(E)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) Harmony Corridor)� � Standards. All development in the H-C
u ,aK
Harmony Corridor District shall comply with the Harmony Corridor
design standards as adopted by the city
dais to the extent that such standards apply to the property proposed
for development.
Section 52. That Section 4.22(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 10. to read as follows:
4@ R 'g
Section 53. That Section 4.22(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Land Use Standards.
(1) Prospect Road Streetscape Program. All development in
this zone district that is located within the planning area for
the Prospect Road Streetscape Program shall also comply
with the Prospect Road Streetscape Standards as adopted
by the city, to the extent that such Standards apply to the
property proposed to be developed.
(2) Secondary Uses. o" es ed
n _ .:e a .to ni o
24
. dtstnct development plan that emphasizes,primary.uses.
The following permitted usesshall be considered secondary
uses in 9ke-Ethis zone district and together shall occupy no
more than twenty-five(25) percent of the total gross area of
the development plan.
(a) Veterinary facilities and small animal clinics.
(b) Clubs and lodges.
(c) Child care centers.
(d) Residential uses.
(e) Standard restaurants.
(f) Lodging establishments.
(g) Bed and breakfast establishments.
(h) Funeral homes.
• (i) Health and membership clubs.
0) Convenience shopping centers.
(k) Convention and conference center.
n� a �rr�33'' e4i+
�� lantnursenes�r%. ', ouses:s
o day=care ag ' esi
�'1r `��.OrICS'710�5$n(I, � $a81 �115e5 :.
• nta d4P tttod nes.
25
Oflits shail also be provided.
(3) Loeational,Stan"dards within'the Mountain.-Ata,;Subarea
Within the Mountam�Nista%Subarea any secondary uses
shall be:located at least one thousand three hundredawenty
, ..
(1320) feet bne-quarter [1141-mile)`from ihetcenterl�ne�of
Inntterstate i " ay 25 .Such secondary�hiseshall be
10 te& eYa1?ave direct access fro„ ccllleetor o
(31) Dimensional Standards.
(a) Maximum building height for all nonresidential
uses shall be four (4) stories. Maximum building
height for residential uses shall be three (3) stories.
(b) All new structures greater than fifty thousand
(50,000) square feet in gross leasable area shall be
subject to Planning and Zoning Board review.
(c) Any building addition that exceeds fifty thousand
(50,000) square feet in gross leasable area and
exceeds twenty-five (25) percent of the gross
leasable area of the existing building shall be
subject to Planning and Zoning Board review.
{
�" '"ity, � esrilential �evelent `fie .
e
n yp of pitte3s'
lien yidevelopmen anos
sidentruse s daises : eou re . Bars
am edo om e��v�tetyso��ousm t i `u_ch .
,. . � •���-ate 2 nsm ' , e `� a<
t~
n , . enhal`porhon eV
p errs' 'O�Iac �Uu h:�
e dingarc
26
• of a phased development A mmmium o tliree(3)
liausrrig-types shall" besseegri=ed on anyiesidenfial'
pomon ofY a development plan greatertt=,;thirty
(30acres m srze, includirig parcelszwhuchaTe part
of aaphase d development.
(b)' If smgle;-farurly �tietaclied ;liausmg„'�s°proposed;-"at
leastran,equ valent nudber of-srngl amrl attached,
housuig, :yto famrly °dwellrngs, o �fi.fairrl�'
d llmgmmts;(or combination th eot iusf a]so"
be vreled: .
dot=s,n oris�
alII llSm r�eS�`,.atl) &WA r3pS
ssre ��:. atte. Ot"S1Ze aIld. Owlr � =
(7) ess ""'a fui r ert
velo %oIPa $x
0 . * aE
OII ger eri(1(1 `acresn t G a
F�cl
gs asa La 1 oc tec1 tlurrsone ,asaphunere ty , 20) eett(one qu l/4]AmleIca£
lyll-
k-a borhood s k,�nvateI ti
e ro enngs7aceha o-t firer.;
rsttthin th le r v�thuna�d�ace:nt evelti tmen
anc "_ b ea§ured longastreet n g u
S$ma� c}r K£ V. r a w�arlCS, C CatuI'Pi �t
erin' ac on n
0W1II
y Pry i31y arks�eefr�ng tli��l wirt Nthe
rnn
1 s ize rich nvate f ust ar W.
as
rt a
rriuumrmi of ten thousan00 pare
3 tica or Bcharlcs ? st�,be= 'ghlq
uis�rb r e c . etturgsfo�re th treet
iayo attern of ots' azr1 asrly
27
ob'served`from streets. Rearlacadmand-rear
yards°of wellmgs',shall.not.abut anorethan
twq(2)sides of more than fifty (5D),,percent
of Yh`e pO&eter frontage._,,, e p2dk
;,
3. Q�ccessibihty:,Ali parts•of.such pkks,shall-
berr' safely ;and i, easily .accessible by
peilestn`an¢,and,opento thkpublic:
4. his Suohx paiks hall "clansist .:bf
leturf areas;, allau aths;
pT': a'snito icm les,i es,+or,
t}i C �,-vanous�ag n�„ps tt ;
4
5. � ers ainten a ar
e tscretiob
as x `nva
de aer
o "= o
6. a e _ fora
etention chop r atsy;
3fA ^ KF „ys d a #
a e deli sn k ilthe�,
kT.
sba s slopes�r~gr ` lthat
c' e -�imcreafional x► `vtc;
g
e o uni es nei °oo '
uPP l� ., u
an ac using) ne e
buildi sync to
equi It ecti0 n. So
ncl non 1bE61 A essib oo
spaced ea nsand{10rIID)sou etari:
t °
a usaL�l��onfigurafonu6h-a spaee'ma3�'"�i 4ark
like .1 pavilton rco 4 do
u,r
acco ' ergo door51
�eighborl o t §, picn iclan ittin uvee�
an save ecreahon:
*WID -
€ ca
28
hundred sixty {3,960}feet (three-quarter [3141=mile):of
� ,. "iL
either a neighborhood center ursuant to theqequirements
L,-
of,Dtvision 44 x3)(c F�l nt"ts located withinthe project
ors�vithin adj�t devegoputent oran:extsting or planned
1+ieghborhoo =omme�rat�al #Distiict; commeiciaLx,project,
which";distaneF,slWI b"e measured along, street-frontage
without crosstigt arteruil`street.
Section 54. That Section 4.23(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows:
'3.Y r.+� �ae-x
20.• -ood c ,,,,�.
Section 55. That Section 4.23(E)(3)(a)2. of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
2. A minimum thirty-foot deep landscaped
yard shall be provided along all arterial
streets, and along any district boundary line
that does not adjoin a residential land use. If
a district boundary line abuts upon or is
within a street right-of-way, then the
• required landscaped yard shall commence at
the street right-of-way line on the district
side of the street, rather than at the district
boundary line This requtrem2ha"11 ti
pply evelopinent plans F co k y
Fth they standards contain Sec ion
9 3.
Section 56. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Food catering" to read as
follows:
Foor3rig' °roan st +yshm mcltie pn cuse e
prep offoo � � eals�n�epremts wliecesuch foodnealse;
delLu,Sedtoaanoth onoraconpaon i
Section 57. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Fully shielded' to read as
follows:
Fu1L
by, ie� d'as5ta11 an elde nst acted sq tha#nb fight are emitted
�tinsf ed ouf ghtfixta�est an�es�above honzdntal�planeas
. cerh•_&,byhota ceepot
29
Section 58. That the definition of"Kenner' in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
Kennel shall mean a facility lipen—sed- to 1wilgewHere the overnight boardhig-of
dogs, cats or other household pets andleF wh� reefBi"' `reeding, beaFdiag a`
,._„:n.a &a��: ' is conducted as a business.
�a
Section 59. That the definition of"Large retail establishment" in Section 5.1.2
of the Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Large retail establishment shall mean a retail establishment, or any combination
of retail establishments in a single building ,Ar ov �4ter, ors do
F.+ o"
rec nal iiMel occupying more than twenty-five thousand (25,000) gross square
feet of floor area, except that no supermarket shall be deemed to be a large retail
establishment.
Section 60. That that definition "Nonconforming use" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Nonconforming use shall mean either a use which was lawful and nonconforming
under prior law on the day before the effective date of this Land Use Code or
subsequent amendment thereof;or w eectt�andsnwarinexe`
which as lamedtateefo o';y t whir oesanotcp k �
the egulaans�%the zo e{dtstn ' clili >ictt use vsocated etth tier
time, anne,neog as mslpsuu�o + tibce uent tendtnents :thrs tis y ti
Code.
Section 61. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition"Reverse vending machine" to read
as follows:
ne "Y!s' min v,�p +'*w"
Itev end c new a au ate echam evace
,. :
on ore t Prvera .' cling o Fes' ,
alY ass or t rbottl whr ' sues Was15=
red le H Ok ending eia bees#ge to acc oro
thar}�ne(1)aconYaiiterxat a .S'ao oAtazne
Section 62. That the definition of "Vehicle sales and leasing for farm
equipment, mobile homes, recreational vehicles, large trucks and boats with outdoor
storage" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
Vehicle sales and leasing for farm equipment, mobile homes, recreational
vehicles, large trucks and boats with outdoor storage shall mean the use of any
30
building, land area or other premises for the display and sale or lease of new or
used large trucks, trailers, farm equipmentmobile,,homes, recreational vehicles,
boats and watercraft, and may include the outside storage of inventory, any
warranty repair work or other repair service conducted as an accessory use.
Introduced and considered favorably on first reading and ordered published in
summary form this 2nd day of November, A.D. 1999, and to be presented for final
passage on the 16th day of November, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of November, A.D. 1999.
Mayor
ATTEST:
City Clerk
31