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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/26/2004 - FALL 2004 LAND USE CODE CHANGES DATE: October26, 2004 STUDY SESSION ITEM STAFF: Ted Shepard FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Fall 2004 Land Use Code Changes. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The purpose of this study session item is to introduce to Council the proposed amendments, revisions and clarifications to the Land Use Code for Fall of 2004. The Land Use Code team encourages any questions or comments regarding any of these proposed changes. Staff's experience is that discussion with Council is most efficient prior to First Reading of the Ordinance so that any questions may be answered or any suggestions may be incorporated without delay to the adoption schedule. In the past,it has been the custom to highlight those proposed changes that may be considered more substantive than others. Briefly, for this round of changes, three such changes are: 1. Item 668—This change would require trash enclosures to include sufficient space for recycling containers for multi-family, commercial and industrial uses, and includes an illustrative guidance booklet. The standard is written in a performance-based format versus a prescriptive format so that individual projects can meet the standard based on the amount of recyclable materials expected to be generated by the proposed use. The standard would only apply to new construction or existing projects that are significantly remodeled,amended,or expanded. The Planning and Zoning Board supports this change. 2. Item 670 — This change would reduce the required minimum number of parking spaces for a two-bedroom, multi-family dwelling unit. Based on Cambridge House and Atrium Suites,two recent multi-familyprojects across the street from Colorado State University, and a survey of 29 cities with universities,there is evidence that residing so close to campus may result in not every tenant needing a car. Consequently, the requirement for 1.75 parking spaces for a two-bedroom unit may be excessive in some cases. As proposed,the code change would reduce this required minimum to 1.5 spaces but only for projects that meet specific location and proximity standards. The Board supports this change. 3. Item 665 — This change would remove the present prohibition on drive-in restaurants in the N-C, Neighborhood Commercial, zone. This zone specifically states thatfastfood restaurants are permitted but "without drive- in or drive-through facilities." This change is being initiated by the owner October 26, 2004 Page 2 of the Sonic Drive-In Restaurant franchise for Fort Collins. The Planning and Zoning Board is mixed on this proposed change. Those in support offer that operation is essentially similar to a fast food restaurant. Those opposed are concerned about the auto-related character of the operation, even though there would be no drive-through lane. All members expressed that the standard prototype design would have to be significantly modified in order to meet the General Development Standards of Article 3 of the Land Use Code. Land Use Code Issues •Wednesday,October 20,2004 Issue ID# Issue Name 648 Add a land use&definition for a building that is not a long term care facility and not a true multi-family dwelling,but more of an independent living facility. 649 Add a definition for"health club"and amend the existing definition of"limited indoor recreational facility" to limit such facility to 5,000 sq. ft. 650 Add a provision to NCL,NCM,NCB that clearly states that a lot can't be divided in conjunction with construction of a new single family home on a lot where a dwelling already exists. 651 Consider adding "funeral homes" as a permitted use in the Industrial zone. 653 Delete the asterisk in the definition of"sign,flush wall"that established a compliance date associated with the code change to the definition contained in Ord.091,2004. 654 Consider adding a land use and definition for a"pet hotel" and add to the list of uses in the appropriate zones. 655 Change the definition of"Community facility" from"publicly owned"to"publicly owned or leased." 656 Amend 3.8.7(A)(3)(d)of the Sign Code to include portable,vehicle-mounted and banner signs as types of signs that must be brought into compliance within 60 days of annexation. 657 Amend 4.4(D)(4)in L-M-N to allow placement of conditions on"other non-residential development." • Conditions would be with respect 4o type of business,number of employees,etc. 658 Amend 2.10.2(H)-Z.B.A.Variances- by adding the"nominal and inconsequential divergence"as a criteria for granting a variance similar to the recent change for Modifications to P.D.P:s. 659 Correct an inadvertent omission to 4.6(E)(4)to add the 25-foot side setback requirement for a church or school. 660 Correct the list of sections cross-referenced in 3.8.7(B)(1)of the Sign Code. 661 Alleys-both public and private-consider adding more design criteria. 662 Revise 2.1.3(A)to insert a reference to the Stockpiling and D.C.P. (Div.2.6). 663 Revise 3.2.4[C] -Site Lighting by adding"and private streets"after"streets" in the first line. 664 Revise 3.6.2(B)& [C] to change 80 feet to 100 feet to match both LCUASS and Fire Code,and in[C],delete "provided" in line 5 &replace with"dedicated and constructed." 665 Amend 4.19(B)(2)[c]2-Permitted Use List in the N-C-to delete or modify the prohbifion on"drive-in"fast food restaurants. Would allow"drive-in"restaurants,like Sonic,which do not have"drive-thru,"in Neighborhood Commercial zone. 666 Amend 4.7(E)(1)in N-C-M and 4.8(D)(6)in N-C-B to clarify dimensional standards so that the minimum lot frontage applies to each dwelling. Would prevent"skinny houses." 667 Amend 3.3.2(D)-Required Improvements Prior to Issuance of Building Permit-to allow exceptions as agreed to and stated in the recorded Development Agreement. 668 Add a new Section, 3.2.5 titled"Trash and Recycling Enclosures"to ensure adequate space for collection, storage and loading of recycled materials at multi-family,commercial and industrial sites. • 669 Add a new section(4)to 3.8.7(M)to codify that messages on electronic signs cannot change more frequently than once per minute, and that it must change instantaneously with no scrolling or fading in and out. Wednesday,October 20,2004 Page I of 2 Issue ID# Issue Name 670 Consider amending 3.2.2(K)(1)(a)to add a new lower minimum onsite parking requirement for 2-bedroom multi-family dwelling units in acitivity centers such as Downtown,Campus West and H-M-N zones. Would reduce from 1.75 to 1.5 spaces per 2-bedroom unit. 671 Amend Sections 3.2.2[C](1)(a)-Safety Considerations and 3.2.2[C](5)(a)-Walkways so they work in conjunction requiring either raised or enhanced crosswalks across parking lots. Eliminates a contradiction. 672 Amend 3.8.18(A)(1)(a)-Calculation of Gross Residential Density-to clarify that land dedicated for open space,parkland,stormwater or flood protection facilities prior to a submittal may also be included in the gross acreage in a subsequent P.D.P. 673 Amend 3.8.17-Measuring Building Height-so that the height of a building is measured from the dominant roof line(flat-roof building)or the mean height between eave and ridge(sloped-roof building). 674 Add language to 3.4.7-Historic and Cultural Resources-to allow for the demolition or relocation of individually eligilble historic resources when appropriate. 675 Revise 3.1.1 -Applicability of General Development Standards(Art.3)-to eliminate the applicability of the standards contained in 3.4.7 to single family dwellings which would otherwise be subject only to Type 1 or Type 2 review. Wednesday,October 20,2004 Page 2 of 2 Natural Resources Department Page 1 10/21 /2004 Item #668 DRAFT LAND USE CODE MAINTENANCE PROCESS PROPOSED Language for LUC : Trash & Recycling Enclosures Proposal: Amend Article 3 ( General Development Standards ) to address new recycling enclosures requirement for commercial and multifamily construction by adding a section to Division 3 . 2 ( Site Planning and Design Standards ) , entitled " 3 . 2 . 5 Trash and Recycling Enclosures " . Add reference to this requirement to 3 . 2 . 1 ( Landscaping & Tree Protection ) and 3 . 5 . 1 ( Building & Project Compatibility ) , concerning screening and outdoor storage areas . Add new definition to Article 5 . Problem Statement: The City' s adopted goal to divert 50 % of the solid waste away from local landfills cannot be met without strong participation from all sectors of the community . The large volume and high quality ( and value ) of non -trash waste material generated by commercial sources is particularly desirable to " capture " and recycle . Currently , commercial and multi -family buildings do not provide sufficient space where recyclables can be stored for regular ( e . g . , weekly) collection . Although staff routinely offers guidance and the recommendation to include recycling areas along with trash enclosures , we rarely see developers apply the idea to their projects . It is much more difficult and costly to retrofit site designs to allow recycling storage and collection to occur than to include them in original plans and construction , and thereby giving tenants the option to participate in waste reduction and recycling . Proposed Solution Overview: By requiring that a recycling area is part of all new commercial and multifamily development , the City will ensure that future tenants or occupants who wish to recycle are not constrained by a lack of space . Proposed Language: 3 . 2 . 5 Trash and Recycling Enclosures (A) Purpose To ensure the provision of areas , compatible with surrounding land uses , for the collection , separation , storage , loading , and pickup of recyclable materials by requiring that adequate , convenient space is functionally located at multifamily residential , commercial and industrial land use sites . This provision will lead to an increase in the recycling of reusable materials consistent with the City' s goals to reduce solid waste , and decrease impacts on the environment associated with the consumption of renewable and nonrenewable resources . ( B ) Applicability ( 1 ) All new commercial or multi -family structures , all existing commercial or multifamily structures proposed to be enlarged by more than 25 % , and all buildings where a change of use is proposed shall provide adequate space for the collection and storage of refuse and recyclable materials . Natural Resources Department Page 2 10/21/2004 ( 2 ) The following structures are exempt from the provisions of subsection ( 1 ) above : single -family dwellings ; and multi -family dwellings where there are no central or communal refuse or recycling collection or storage facilities or where refuse and recyclable materials are stored and collected on an individual unit basis . ( C ) Provisions : ( 1 ) The amount of space provided for the collection and storage of recyclable materials shall be designed to accommodate collection and storage containers consistent with the recyclable materials generated . Areas for storage of trash and recyclable materials shall be provided in a number adequate in capacity , number, and distribution to serve the development project . ( 2 ) Recyclable materials storage areas shall be located adjacent to refuse collection and storage areas in order to provide convenient recyclable materials drop-off, storage , and collection . ( 3 ) Each trash and recycling enclosure shall be designed to allow walk in access without having to open the main enclosure service gates . (4 ) Trash and recycling areas must be enclosed such that they are screened from public view . The enclosure shall be constructed of durable materials , such as masonry , and shall be compatible with the structure to which it is associated . Gates on the enclosures shall be constructed of metal or some other comparable durable material , shall be painted to match the enclosure , and shall be properly maintained . ( 5 ) Enclosure areas should be designed to provide adequate , safe and efficient accessibility for service vehicles . ( 6 ) Enclosure areas should be constructed on a concrete pad , for longevity and safety of handlers . Gravel , packed dirt and rutted asphalt will not be allowed . ( 7 ) The property owner shall supply and maintain adequate containers for recycling and waste disposal . Containers must be clearly marked for recycling . ( D ) Exceptions : ( 1) Exceptions may be granted by the City or a designee thereof for existing buildings where this provision will negatively impact parking stall requirements or other existing conditions prevent its practical application . Related Code Revisions: • 3 . 2 . 1 ( E )6 : Landscaping & Tree Protection , Landscape Standards , Screening : add cross reference to 3 . 2 . 5 Please refer to guidance document "xx" for estimations of area needed. Natural Resources Department Page 3 10/21/2004 • 3 . 5 . 1 ( 1 ) : Building and Project Compatibility , Outdoor Storage Areas/Mechanical Equipment : add cross reference to 3 . 2 . 5 • Article 5 , Definitions : add the following definitions Trash or Recycling Enclosure : An area or structure built consistent with the City of Fort Collins Land Use Code ( building code ? ? ) designed to provide shelter for compactors , containers , drop boxes , receptacles , or any other solid waste and recycling containment facilities . Related Guidance Documents: Please see "Trash and Recycling Enclosures , " City of Fort Collins Guidance Document , August 2004 #670 Consider amending Section 3 . 2 . 2 ( K) ( 1 ) (a ) — minimum parking for multi -family — to refine the minimum onsite parking requirement for two - bedroom dwelling units that meet specific criteria as stated in City Plan . This change would reduce the number of parking spaces for two -bedroom dwelling units from 1 . 75 to 1 . 5 spaces per unit but only for projects that meet specific criteria . Problem Statement There is a concern that the existing multi -family parking standard is a one -size- fits-all requirement that treats greenfield development on par with downtown or near-campus development . Staff has reviewed projects that are near activity centers and on transit routes where the 1 . 75 spaces- per- unit may be excessive . The purpose behind the standard is to accommodate the parking demand for the project and , at the same time , protect the neighborhood from the impacts of spillover parking . Conversely , compliance with the parking standard should not result in excessive unused parking . The present standard should be further refined to the point of recognizing that some projects will not generate the same demand as others , without having to seek a Modification of Standard . Proposed Solution Overview Staff has reviewed a survey of 29 cities with universities roughly the size of C . S . U . , The survey of these cities yielded 34 parking standards . Five cities have a differentiated scale that allows less parking near activity centers such as downtown or campus . Approximately 46 % of the sample allows 1 . 5 parking spaces for two - bedroom multi -family apartments . Allowing slightly less parking provides greater flexibility in site planning , especially in more urban areas . Example : 24 two- bedroom units at 1 . 75 spaces yields a minimum requirement of 42 spaces . At 1 . 5 spaces , the requirement would be 36 , a difference of six spaces . At 171 square feet per space (9 ' x 19 ' ) , six spaces totals 1 , 026 square feet , and this does not include the access drive necessary to serve the spaces . As can be seen , the reduction of parking spaces results in significant additional ground that can be developed , landscaped , or otherwise put to a better use than simply parking a car . City Plan promotes urbanism . Now that the Growth Management Boundary is fixed , there will be significantly more attention paid to infill development . Projects that are within walking distance to activity centers and along transit routes promote the City Plan principles and policies of a more compact urban form and should be eligible for a reduced parking standard . City Plan Principles and Policies : City Plan Policy CCD- 1 . 19 states : " Reduced parking standards should be applied to Community Commercial Districts in recognition of their proximity to high - frequency transit service and their walkable environment and mix of uses . On -street parking should be maximized . Parking structures should be encouraged , including ground floor retail or service uses . All parking must provide for visibility , personal safety and security . " City Plan Policy DD-5 . 4 states : " Parking is a critical factor in the future of Downtown . Parking will be convenient , economical , affordable , and accessible to meet diversified parking demands . Reduced parking standards will be applied to Downtown in recognition of its proximity to high - frequency transit service , walkable environment , and mix of uses . " Further, Staff has surveyed two apartments near campus , Cambridge House and Sherwood Greens , and there is strong evidence that in such close proximity to campus , not every tenant has a car. These surveys were conducted in the field before 8 : 00 a . m . and after 5 : 00 p . m . , the times when residents are most likely to be home . The proposed solution is to limit the new parking requirement to those zone districts that are intended to develop and re-develop in an urban form . These zones have been identified as Downtown , Campus West Community Commercial , and High Density Mixed - Use Neighborhood . Transit service , bike lanes and sidewalks abound in these areas offering opportunities for using alternative modes of travel . If an urban form is desired in these areas , then a suburban parking requirement will not achieve the desired result . Since the H - M - N zone is our newest zone district ( having been adopted to implement the West Central Neighborhoods Plan ) , it may be helpful to review the purpose statement : (A) Purpose. The High Density Mixed-Use Neighborhood District is intended to be a setting for higher density multi-family housing and group quarter residential uses (dormitories, fraternities, sororities, etc .) closely associated with, and in close proximity to, the Colorado State University Main Campus, provided that such areas have been given this designation in accordance with an adopted subarea plan. Multistory buildings (greater than one [ 1 ] story and up to five [5 ] stories) are encouraged in order to promote efficient utilization of the land and the use of alternative modes of travel. Proposed Code Section (K) Parking Lots - Required Number of Off-Street Spaces for Type of Use. ( 1 ) Residential and Institutional Parking Requirements. Residential and institutional uses shall provide a minimum number of parking spaces as defined by the standards below. (a) Attached Dwellings : For each two-family and multi- family dwelling there shall be parking spaces provided as indicated by the following table : Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit * One or less 1 . 5 Two 1 . 75 Three 2 . 0 Four and above 2 . 5 • Spaces that are located in detached residential garages (but not including parking structures) may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the dwelling unit rental rate or purchase price) . For two bedroom dwelling units , the minimum parking requirement may b'11 reduced to 1 . 5 spaces per unit but only for such projects that are located within the Downtown , Campus West Community Commercial and the High Density Mixed - Use Neighborhood zone districts . This provision shall not apply to rental units that are leased by the individual bedroom versus being leased by the dwelling unit . ( See map describing these three districts . ) �, IIIIPIIIIIIII - __ n R1 C-- 1!� , 1_�_:clEY•____ml �` ells 'I �� �•�yllll.Idl'll,n �-111111. . ���,� ��, • '� _ \\, . m,•• uum II�IIIIIIII. t, ,E■ �.�� �� IIIIIICAI III=Innlll_. .. l u I II ���•-1°�•1!u11nB;u IIIIIIIIIIIII-11 ��'� ��., �''%/�r�` -` n�■I .i7 ` ��`.0 nnarLim Illllll 1 dlh� iiiw-�^-- `-r�,F�14�111:�-■: 11===:,n�•�i: .�rYl-Ci.�. 'i+L9751J �I r II11 \11t�aE 11�T� �'jE1�►`�!�'i,7v"> '�iyR�- l�nnmlen�al■I�•wME.�'r■� n +1 rI I .�- ��►f��pllll�sl - -'min ��lll�.-!�l'1�� �slnel lilt,:-•�� - ' 7 cis I Y/,,��,,,,��,, •� �I ,� , �:��>, I . ONoil l Eo ,,,.�,� ai► E/ c 'E'4• �'111��� �-ns r „�:;_�, Ana^I- ► Item 665 Amend Section 4 . 19 ( 113 ) (2 M2 — Permitted Use List in the N -C , Neighborhood Commercial zone district - to delete or modify the current prohibition on " drive - in " restaurants . This would have the effect of allowing restaurants , like Sonic , which have a " drive - in " feature but not a " drive -through " feature . Problem Statement This proposed code change has come at the request of the owner of the Sonic Drive - In franchise for Fort Collins . The N -C zone specifically states that fast food restaurants are permitted but without drive-in or drive-through facilities . 1 . Background : There are three classifications of restaurants as defined by the following : Restaurant, drive-in shall mean any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to - consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle . Restaurant, fast food shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state , and in which the design or principal method of operation includes all of the following characteristics : ( 1 ) food and beverages are usually served in edible containers or in paper , plastic or other disposable containers ; ( 2 ) the consumption of food and beverages is encouraged or permitted within the restaurant building , elsewhere on the premises or for carryout ; and ( 3 ) there is no drive - in facility as a part of the premises . Restaurant, standard shall mean any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state ; where fermented malt beverages , and /or malt , special malt or vinous and spirituous liquors may be produced on the premises as an accessory use ; and where the design or principal method of operation includes one ( 1 ) or both of the following characteristics : ( 1 ) customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed ; or ( 2 ) customers are served their food and/or beverages by means of a cafeteria-type operation where the food or beverages are consumed within the restaurant building . Since Sonic Drive - In is classified as a Restaurant, drive-in, it is specifically prohibited from the N -C zone . 2 . Sonic Drive - In — Arguments in Favor of the Code Change : As mentioned , this is a citizen - initiated code change . In written documentation , Sonic offers the following : • Sonic is more like a standard restaurant because food is not pre - cooked ahead of time but made to order . Also , Sonic attracts families , just like a standard restaurant . Business is not dominated by college students . • 95 % of the cars turn off their engines when parked at Sonic . • Any concerns about sightlines or unsightliness of the drive- in canopies and facilities , while certainly subjective on the one hand , can be mitigated on the other hand through appropriate site design . • Good site design , over which the City has strict review , would appear sufficient to cure any possible traffic circulation issues that may arise with drive - in facilities in many instances . • The N - C zone is very much like the C , Commercial zone (where drive- in restaurants are permitted ) . Both are located along major streets and usually at the intersection of two arterials . It seems inconsistent to allow drive- in restaurants in one and not the other . • Drive - in restaurants are like banks which are permitted in the N -C . • Allowing drive - in restaurants in N - C zones would reduce the number to trips to College Avenue thereby reducing traffic and pollution . • Several standard restaurants in the Harmony Corridor have carry- out service . This is similar to a drive - in restaurant . • Sonic is essentially similar to a fast food restaurant like Subway or Dairy Queen . Customers drive to Subway or Dairy Queen , like Sonic . Food is then prepared and delivered to the customer in a ready-to-consume state , like Sonic or Dairy Queen . Customers then have the option of consuming the meal on the premise or carryout . There is only one trip in and one trip out . There is no drive-through lane with its associated stacking and idling of engines . In terms of land use intensity , a Sonic is no different from a Subway or Dairy Queen . 3 . Arguments Against Allowing Drive- in Restaurants in the N -C : During Staff discussion , the following points were raised : • The purpose statement of the N -C zone is as follows : Purpose. The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store and a transit stop . The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed-Use Neighborhood. In addition to retail and service uses, the District may include neighborhood-oriented uses such as schools , employment, day care, parks, small civic facilities, as well as residential uses . This District is intended to function together with a surrounding Medium Density Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density neighborhoods . The intent is for the component zone districts to form an integral, town-like pattern of development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts . Drive- in restaurants were intentionally excluded from the N -C district because of their character and impact . During the crafting of the Land Use Code , drive-in ' s were associated with strip commercial districts such as College Avenue . Their location along highways and commercial arterials is to capture the impulse shopper who is already out and about doing errands or commuting . Their history of attention -grabbing architectural form , colors , banners , lighting , etc . originated and is perpetuated by the need to attract and then pull the motorist off the roadway . Drive- in ' s , by their own admission , are rarely a destination trip . The opportunity to not leave one ' s car is one of their primary spur-of-the moment attractions , particularly to the impulse customer . In contrast , the N -C district was envisioned to be an antidote to the 1950 ' s- 1960 ' s highway strip development pattern by consolidating businesses and services that did not need to be along a busy highway or arterial . This is the concept of the " planned center. " Supermarkets and grocery stores are the typical anchor tenant accompanied by a group of smaller stores that serve the everyday needs of the nearby residents . All N - C districts are flanked by M - M - N districts in order to create a critical mass for using alternative modes . The opportunity created by placing these two districts next to each other is to allow folks the ability to walk or ride their bike to obtain everyday goods and services . Combined , the two districts are expected to generate sufficient activity to support transit . This is a fundamental tenet of new urbanism . ( See map . ) • Allowing a drive- in restaurant in the N - C district represents an opportunity cost to allowing a less auto-dominant use within walking distance of the M - M - N . • Drive - in restaurants are not significantly different from drive -through restaurants . They both are essentially auto- related . If we allow one into the N - C , then it may be difficult to continue to disallow the other . • Design mitigation may be impossible to achieve . The auto- related attributes of the drive- in prototype are so dominant that effective mitigation may be unacceptable to either the franchisee or corporation . • The sheet metal canopies dwarf the building , are flat and accented by bright striping . Each stall is individually illuminated including individual menu boards . Pedestrian access is diminished by excessive drive aisles . While Staff has had success in the past in mitigating convenience stores and quick- lubes by use of building orientation , the auto access needs of such a drive- in facility would take precedence over such mitigation techniques as " reverse mode" or side - mounted " buildings . Design mitigation may be unachievable . • A real - life example may be helpful . One of the premier N - C districts is Poudre Valley Plaza at the southeast corner of Horsetooth and Shields . Try envisioning this center, with its street- oriented buildings , with the inclusion of a drive - in restaurant . Inserting a drive - in restaurant into such a center appears to Staff as incongruous from both a land use and compatibility perspective . 111 �� , •• �1`�` � 1 �� •gyp �i "SY11J•LILS� •r�.S` ���' 7,` I■I III 1 Il�f,nm ► I : I�a.mm�nnn �1 -- �� m • •� �nnn_nnm:m■ n � 1�■ ��j_�„• �nnm::m:inm=nnnnc. •....�.� a 11�:\I ■IIIIIP�i_IM 1111111111111fir 111111� ,11JrJv an1LIvIn:■] .r �►/=►�tl ,Illllll , •'. fll '8491M � uioca �•i �. �"EliiilE �r-••r-Fl1,l__�.■. 11 ■_I,I•,=_�_:nirtw' i7■Ir��--- . ' .�rrier■ef����7as�.�lnnml�� •���L��� ` i,��► wpols . nrv' � n 1. ■�:�_ 40 o�� � '■ �s FORD Oil C�RII iJ wry . ........ .. i — _1 • #648 Add a land use definition for a building that is not a long term care facility and not a true multi -family dwelling , but more of an independent living facility . Problem Statement " Long term care facility" is currently defined in a manner that includes 3 types of facilities . They are : a convalescent center , a nursing care facility , and an intermediate health care facility . All of these facilities are institutional in character and provide different levels of care services . Recent development proposals that include these facilities are also proposing a new , different type of residential option as part of their overall plan to provide care and housing options . This new option is most commonly referred to as an independent living facility or dwelling . These living units contain a kitchen , and are therefore classified as a dwelling unit . As such , they are residential uses , and are allowed only as a secondary use in some zones even though they are an integral part of the larger development plan that provides some or all of the 3 types of long term care facilities . These developments are set up in such a manner that allows the residents of the "dwelling units " to take advantage of all the other care services offered to the residents that stay in the other buildings that make up the long term care facility . For example , they can choose to eat their meals in a common cafeteria and they have ready access to medical personnel on site . Since these independent living facilities function as part of the larger development , it would be better if they weren ' t considered to be a separate , secondary use . Rather , they are just another housing option provided in a long term care facility development . Proposed Solution Overview Staff recommends that the definition of " Long -term care facility" in Section 5 . 1 . 2 be amended as follows to include a new section (4 ) to add independent living unit as an additional type of housing : 5 . 1 . 2 Definitions . Long-term care facility shall mean any of the following : ( 1 ) Convalescent center shall mean a health institution that is planned , organized , operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from , but maintaining an affiliation with , all services in a general hospital . ( 2 ) Nursing care facility shall mean a health institution planned , organized , operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four- hour per day nursing services for illness , injury or disability . Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado . The nursing services shall be organized and maintained to provide twenty-four- hour per day nursing services under the direction of a registered professional nurse employed full time . ( 3 ) Intermediate health care facility shall mean a health - related institution planned , organized , operated and maintained to provide facilities and services which are supportive , restorative or preventive in nature , with related social care , to individuals who because of a physical or mental condition , or both , require care in an institutional environment but who do not have an illness , injury or disability for which regular medical care and twenty-four- hour per day nursing services are required . (4 ) Independent living facility shall mean single-family , two-family and/or multi -family dwellings which are located within a development that contains one or more of the facilities described in ( 1 ) through ( 3 ) above , and wherein the residents of such dwellings have access to the common amenities and services available to residents of the facilities described in ( 1 ) through ( 3 ) above . #649 Add a definition for " health club " and amend the existing definition of " limited indoor recreation facility" to limit such a facility to 5000 square feet . Problem Statement A health club is a use that is a listed permitted use in Article 4 in numerous zones . However the use is not defined in Article 5 . " Limited indoor recreation " and " unlimited indoor recreation " are uses that are also permitted in numerous zones . All of the uses are similar ; in fact the definition of " limited indoor recreation use" includes a health club . However, a " limited indoor recreation use " is intended to be much smaller than a large health club . In order to clearly delineate between the three types of uses , it would be helpful if all three were defined appropriately . Proposed Solution Overview In order to clarify the differences between a " health club " , a " limited indoor recreation use " and an " unlimited indoor recreation use " , staff proposes that Article 5 be amended by adding a definition for " health club " and by changing the definition of " limited indoor recreation use " by deleting health club from the definition and by adding 5000 square feet as the maximum size . 5 . 1 . 2 Definitions . Health club shall mean an establishment that is usually open only to members and guests on a membership basis and that provides facilities for aerobic exercises , running and jogging , exercise equipment , game courts , swimming facilities , and saunas , showers and lockers . Limited indoor recreation use shall mean facilities established primarily for such activities as exercise or athletic facilities ; and amusement or recreational services , such as billiard or pool parlors , pinball /video arcades , dance studios , martial art schools , arts or crafts studios ; or exerciseer health clubs , but not including bowling alleys or establishments which have large -scale gymnasium -type facilities for such activities as tennis , basketball or competitive swimming . This definition is intended to restrict the type of recreational use allowed to those small -scale facilities containing no more than five thousand ( 5000 ) square feet that would be compatible with typical buildings and uses in the zone district in which this use is allowed . • #650 Add a provision to NCL , NCM , and NCB that clearly states that a lot can ' t be divided in conjunction with construction of a new single family home on a lot where a dwelling already exists . Problem Statement The recent moratorium on alley houses resulted in an ordinance that established land use and development standards for carriage houses ( a detached single family dwelling located behind a street fronting dwelling ) . During the ordinance adoption process , it was clear that City Council wanted the ordinance to prohibit existing lots from being subdivided in a manner that would allow the new carriage house to be on its own separate lot . Changes were made to the ordinance between first and second reading to incorporate this standard . However , recent citizen inquiries into the code requirements for carriage houses have indicated that it would be helpful if the code stated this in common , layman ' s language . Proposed Solution Overview Staff proposes that the NCL , NCM and NCB standards in Article 4 be amended by adding a section that clearly states that lots can ' t be subdivided . 4 . 6 ( F ) Development Standards . ( 7 ) Subdividing of existing lots. No existing lot can be further subdivided in such a manner so as to create a new lot in the rear portion of the existing lot . 4 . 7 ( F ) Development Standards . ( 7 ) Subdividing of existing lots. No existing lot can be further subdivided in such a manner so as to create a new lot in the rear portion of the existing lot . 4 . 8 ( E ) Development Standards . ( 7 ) Subdividing of existing lots. No existing lot can be further subdivided in such a manner so as to create a new lot in the rear portion of the existing lot . • #651 Consider adding " funeral homes " as a permitted use in the Industrial zone . Problem Statement Staff has recently received two inquiries regarding constructing a new funeral home on lots that are located in the Industrial zone . Such a use is currently not allowed in the district , although one of the city ' s four funeral homes is already in the Industrial zone . Funeral homes often contain chapels , and the Industrial zone does allow places of worship and assembly . Proposed Solution Overview Since funeral homes are similar to other uses allowed in the Industrial zone , staff is recommending that funeral homes be added to the list of permitted uses in the zone as a Type 1 use by adding a new subsection ( 22 ) to Section 4 . 23 ( B ) ( 2 ) ( c ) as follows : ( 22 ) Funeral homes . • #653 Delete the asterisk in the definition of " sign , flush wall " that established a compliance date associated with the code change to the definition in Ordinance 091 , 2004 , adopted in June of 2004 . Problem Statement The Spring 2004 LUC change ordinance contained a provision that amended the definition of flush wall signs . The amendment requires that certain types of flexible material wall signs must be modified by November 1 , 2004 . This date was noted in the definition by means of an asterisk . Since November 1 , 2004 has passed , the asterisk is no longer needed and should be deleted . Proposed Solution Overview Staff recommends that the definition of " sign , flush wall " be amended by deleting the asterisk and the explanatory note that established the November 1 , 2004 deadline . Sign, flush wall shall mean any sign attached to , painted on or erected against the wall of a building in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall . Banner , canvas or other similar flexible material may be used for this type of sign only if the material is securely attached to a rigid structure in a manner which prevents the material from moving , sagging or wrinkling ; and the rigid structure is attached directly to the building fascia . Any sign made of banner , canvas or other similar flexible material that is not attached to a rigid structure in this manner is not a flush wall sign and shall be subject to the banner regulations contained in Section 3 . 8 . 7 ( N ) of this Land Use Code . '* *A11 SUGh flexible mate.rial flush wall signs existing as of the effeGtive date of (l nno I� Ir, nQ I � nnn mi IM be hrni 1ght iRte GGm Tn�r h�+ rhr� Ghanges made to this efinition by Qrdinanno No . 091 2004 and not late t h nirrA ' 'ePe �` 9 94- 0 • #654 Consider adding a land use definition for a " pet hotel " ( indoor kennel ) and add to the list of uses in the appropriate zones . Problem Statement The LUC does not allow kennel uses for dogs and cats anywhere in the city , but does allow animal boarding facilities for large animals in the UE , RC , and I zones . Kennel uses for dogs and cats often have nuisance factors such as noise and odor associated with them , and therefore the use has not been allowed since the adoption of the LUC in 1997 . Prior to that time , kennels were permitted in developments processed as a PUD . Staff has received proposals from interested parties to provide state -of- the -art indoor kenneling facilities . The manner of operation of these facilities is such that the nuisance factors to adjoining properties are negligible or non -existent , and they can be operated in a manner that is compatible with other uses . However, since the use is not permitted in any zone , the facilities are not allowed . Proposed Solution Overview Staff recommends that a definition for " indoor kennel " be added to Article 5 , and that the use be added to the list of permitted uses in the C , C- N , C- L , C -C- N , H -C ( as a permitted use and add to list of secondary uses ) , and I zone districts . The definition should contain requirements for such things as indoor exercise areas , 24 hour supervision , and ventilation . 5 . 1 . 2 Definitions . Indoor kennel shall mean an establishment in which twenty-four hour care and boarding is provided for household dogs or cats . Such an establishment is conducted entirely within a soundproof building that contains exercise facilities , separate ventilation systems for dogs and cats boarded in the same building , and wherein such other services as grooming and training are offered . 4 . 15( B ) (2 ) ( c ) Permitted uses . ( 24 ) Indoor kennel . 4 . 17 ( B ) (2 ) ( c ) Permitted uses . ( 28 ) Indoor kennel . 4 . 18 ( B ) (2 ) ( c ) Permitted uses . (41 ) Indoor kennel . 4. 20 ( B ) (2) (c) Permitted uses . ( 12 ) Indoor kennel . 4. 21 ( B) (2) (c) Permitted uses . 4 . 21 ( D ) (2) Land Use Standards . ( p ) Indoor kennel . 4. 23 ( B ) (2) (c) Permitted uses . (22 ) Indoor kennel . • #655 Change the definition of " community facility" from " publicly owned " to " publicly owned or leased " . Problem Statement The definition of " community facility" requires that the property be owned by a governmental agency or some other public entity . This limits the ability of government to provide important services . For instance , the City may want to rent a vacant building for the purpose of creating a branch library location . If the building is in a zone that allows a " community facility" but not a library , then the City can 't locate the library there simply because it doesn ' t own the building . If the City owned the building , then there would be no problem . Proposed Solution Overview Staff recommends that the definition of " community facility" be amended to allow the facility to be publicly leased or owned . 5 . 1 . 2 Definitions . Community facility shall mean a publicly owned or publicly leased facility or office building which is primarily intended to serve the recreational , educational , cultural , administrative or entertainment needs of the community as a whole . • #656 Amend 3 . 8 . 7 (A) ( 3 ) ( d ) of the sign code to include portable signs , vehicle signs and banner signs as types of signs that must be brought into compliance within 60 days of annexation . Problem Statement The sign code requires that all existing signs on properties that are annexed into the city and which do not comply with our sign code must be brought into compliance within 5 years from the date of annexation . The standard goes on to state that any signs with flashing , moving , blinking or animation effects shall cease within only 60 days of annexation . Such effects can easily be remedied by usually just flipping a switch . Since there is little or no cost associated with correcting this type of nonconformity , the code requires a much shorter " amortization " period . Many of the commercial properties in larger enclave annexations that are or will be annexed into the city display numerous portable signs , vehicle- mounted signs , and banners and pennants , These types of signs are generally displayed in a manner or for a time period that doesn ' t comply with the sign code . Since these types of nonconformities can also be corrected at little or no cost , they should also be subject to the 60 day amortization period rather than the 5 year amortization period . Proposed Solution Overview Staff recommends that Section 3 . 8 . 7 (A) (3 ) (d ) of the LUC be amended to include banners , pennants , vehicle- mounted signs and portable signs as types of signs that must be brought into compliance within 60 days of the property annexation . 3 . 8 . 7 (A) ( 3 ) ( d ) Signs . ( d ) All existing signs with flashing , moving , blinking , chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the city after November 28 , 1971 , shall be made so that such flashing , moving , blinking , chasing or other animation effects shall cease within sixty ( 60 ) days after such annexation , and all existing portable signs , vehicle- mounted signs , banners , and pennants located on property annexed to the city after November 28 , 1971 , shall be removed or made to conform within sixty (60 ) days after such annexation . • #657 Amend 4 . 4 ( D ) (4) in the LMN zone to allow placement of conditions on " other non - residential development" . Conditions would be with respect to type of business , number of employees , etc . Problem Statement The LMN zone allows a neighborhood center as a permitted use . Such a center can contain non - residential uses like child care centers , churches , banks , small retail stores , offices , restaurants , vet clinics and personal and business service uses . The list of permitted uses allowed in the zone also includes "office , banks and clinics that are not part of a neighborhood center" . The Land Use Standards for the LMN zone then go on to state that these uses which are not in a neighborhood center are allowed in the zone only when the requirements for a neighborhood center have been satisfied . This means that if there is already a center in the neighborhood , then offices can be located as a stand -alone use within the neighborhood . Since the code does not require off-street parking for such non - residential uses , the conversion of a home to an office may create negative impacts on the abutting and adjacent residential uses . Other factors such as the type of business and number of employees may also impact nearby properties . Unless the code is amended , conversions can occur without the ability to address some of these issues . Proposed Solution Overview In order to allow staff and the decision maker the ability to ensure that non - residential uses of this type are compatible with the neighborhood , staff recommends that 4 . 4 ( D ) (4 ) be amended as follows : 4A( D ) (4) (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 . When approving such use , the decision maker may impose conditions regarding such things as off-street parking , hours of operation , number of employees , and type of business in order to ensure that the use will be compatible with the neighborhood . This limitation shall not apply to uses permitted along East Vine Drive under subsection ( 5 ) below . • #658 Amend 2 . 10 . 2 ( H ) by adding the " nominal and inconsequential divergence " as a criteria for granting of variances by the Zoning Board of Appeal in a manner similar to the recent change for Modifications to PDP ' s . Problem Statement The criteria in the LUC that allow the Zoning Board of Appeals (ZBA ) to grant a variance to the regulations of Articles 3 and 4 are : 1 ) a finding that there is a hardship situation , and 2 ) a finding that the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a plan which complies with the standard . Numerous standards in Articles 3 and 4 are stated in absolute prescriptive measurements . These standards must be precisely met . Any deviation from these standards requires a variance or modification . There are times when a prescriptive standard is not met but the degree of divergence from compliance is minimal . For example , when a standard requires a 20-foot setback , a 19 ' setback may be proposed . Given the context of the property , there would appear to be no detriment to the public by allowing a reduced setback . While this is but one example , this degree of flexibility can be applied throughout the LUC resulting in plans having a better qualitative outcome even though a quantitative standard may not be strictly met . However , the two existing criteria available to the ZBA that provides the basis for the granting of a variance may not allow such a divergence to be approved , even if the neighbors are in full support of it . Proposed Solution Overview The LUC was amended recently by adding the " nominal and inconsequential divergence " standard to the criteria that the hearing officer or P &Z Board are allowed to consider when deciding on a modification request . Staff and the ZBA recommend that Section 2 . 10 . 2 ( H ) of the LUC be amending subsection (2 ) and adding a new subsection ( 3 ) as follows : 1 % 2 ( H ) Variance Review Procedures ( 2 ) the proposal as submitted will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested- ; or ( 3 ) the proposal as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal , inconsequential way when considered from the context of the neighborhood , and will continue to advance the purposes of the Land Use Code as contained in Section 1 . 2 . 2 . • #659 Correct an inadvertent omission to 4. 6( E ) (4) to add the 25 -foot side setback requirement for a church or school . Problem Statement The setback standards for the NCL , NCM and NCB are identical , except that the NCL does not contain the provision that requires a 25 ' side setback for a church or school . Absent that provision , the side setback requirement for such uses would merely be 5 ' . The NCL is a far more restrictive zone than either the NCM or NCB zones . Therefore , it' s apparent that an oversight resulted in the 25 ' side setback being omitted from the setback standards in the NCL zone . Proposed Solution Overview Staff recommends that Section 4 . 6 ( E ) (4 ) of the LUC be amended as follows : 4. 6( E ) Dimensional Standards (4) Minimum side yard width shall be five (5) feet for all interior side yards . Whenever any portion of a wall or building exceeds eighteen ( 18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one ( 1 ) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen ( 18) feet in height. Minimum side yard width shall be fifteen ( 15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25 ) feet (for both interior and street sides) . • #660 Correct the list of sections cross -referenced in 3 . 8 . 7 ( B ) ( 1 ) (a) of the sign code . Problem Statement Section 3 . 8 . 7 ( B ) ( 1 ) (a ) is the section of the sign code which requires that sign permits be obtained for most types of signs . The section does however exempt permits for such signs as "for sale " signs and " election " signs . An " ideological sign " by definition , includes "election " signs . Ideological signs and election signs are two separately defined terms , but while the permit exemption applies to election signs , due to an oversight it doesn 't apply to ideological signs even though an election sign is a type of ideological sign . Proposed Solution Overview Staff recommends that Section 3 . 8 . 7 ( B ) ( 1 ) (a ) be amended as follows to include ideological signs in the list of permit exemptions : 3 . 8 . 7 ( B ) ( 1 ) Permit required , Exception . (a ) The erection , remodeling or removal of any sign shall require a permit from the Zoning Administrator, except that no permit shall be required for the erection , remodeling or removal of any sign regulated by subsections 3 . 8 . 7 ( C ) ( 1 ) ( a ) , ( c) , er ( g ) or 0 ) ; subsections 3 . 8 . 7 ( D ) (2 ) , Gr ( 3 ) or (4 ) ; or subsection 3 . 8 . 7 ( L ) . # 662 Revise 2 . 1 . 3 (A) to insert a reference to the Development Construction Permit in describing the development approval process . Problem Statement In describing the types of development applications in Section 2 . 1 . 3 (A) , reference to the development construction permit was left out of the step by step description . Proposed Solution .- The proposed solution is to add the additional development process step by adding the phrase "then through a development construction permit ( Division 2 . 6 ) . " Revise Section 2 . 1 . 3 (A) of the Land Use Code to read as follows .. 2 . 1 . 3 Types of Development Applications (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 ) , then through a development construction permit ( D ) , and then through a building permit review ( Division 2 . 7 ) . 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 standards (contained in the General Development Standards of Article 3 and the District Standards of Article 4 ) . #663 Revise 3 . 2 . 4( C ) to insert a reference to lighting on " private streets " as well as public streets in describing lighting exceptions on private property . Problem Statement This section describes site lighting that applies to private property lighting . Streets , both public and private , must be exempted from this section . However, only public streets are currently mentioned . Proposed Solution .- The proposed solution is to add "and private streets " in the first line of Section 3 . 2 . 4 ( C ) following the word "streets . " This will separate street lighting for both public and private streets from the requirements of site lighting . Revise Section 3 . 2 . 4 ( C ) of the Land Use Code to read as follows : 3 . 2 . 4 Site Lighting ( C ) Lighting Levels. With the exception of lighting for public streets and private streets , all other project lighting used to illuminate buildings , parking lots , walkways , plazas or the landscape , shall be evaluated during the development review process . The following chart gives minimum and , for under-canopy fueling areas , maximum lighting levels for outdoor facilities used at night . #664 Revise 3 . 6 . 2 ( B ) & ( C ) , to change 80 feet to 100 feet to match both LCUASS and the Fire Code , and in ( C ) , delete " provided " and replace it with " dedicated and constructed . " Problem Statement The Larimer County Urban Area Street Standards ( LCUASS ) and the Poudre Fire Authority fire code were revised in 2001 to increase the radius of cul -de -sacs and emergency vehicle turnarounds from 80 feet diameter to 100 feet diameter . This was done to provide the space needed to turn around emergency vehicles used to fight fires . This section of the Land Use Code must be revised to match those current standards . In addition , Section 3 . 6 . 2 ( C ) needs clarification with more specific language on how a temporary turnaround must be provided . Proposed Solution .- The proposed solutions are to revise the numbers "eighty ( 80 ) feet" to be " one hundred ( 100 ) feet . " The numbers will then match the current standards in LCUASS and the Fire Code . In addition , to clarify the how a temporary turnaround is provided is paragraph ( C ) the word " provided " should be changed to " dedicated and constructed . " Revise Section 3 . 6 . 2 ( B ) and ( C ) of the Code to read as follows : 3 . 6 . 2 Streets , Streetscapes , Alleys and Easements ( B ) Cul -de -sacs shall be permitted only if they are not more than six hundred sixty ( 660 ) feet in length and have a turnaround at the end with a diameter of at least eighty 80 ) one hundred ( 100 ) feet . Surface drainage on a cul -de -sac shall be toward the intersecting street , if possible , and if not possible a drainage easement shall be provided from the cul -de -sac . If fire sprinkler systems or other fire prevention devices are to be installed within a residential subdivision , these requirements may be modified by the City Engineer according to established administrative guidelines and upon the recommendation of the Poudre Fire Authority . ( C ) Except as provided in ( B ) above for cul -de -sacs , no dead -end streets shall be permitted except in cases where such streets are designed to connect with future streets on abutting land , in which case a temporary turnaround easement at the end of the street with a diameter of at least eighty lone hundred ( 100 ) feet must be pFev+ded dedicated and constructed . Such turnaround easement shall not be required if no lots in the subdivision are dependent upon such street for access . Item 666 Add clarification to the Dimensional Standards within the NCM and NCB zones so that the minimum frontage requirements apply to each principal building on the lot rather than the development taken as a whole . Problem Statement The Land Use Code is silent with regard to the number of principal buildings that can be constructed side- by-side within the buildable envelope of the lot . Given the narrow lots within the Old Town area , concern has been expressed that present regulations could allow extremely narrow buildings ; either single or multi - family units to be physically " shoehorned " side- by-side along the street front within these neighborhoods . The resulting building mass and proportions would likely be out of scale with the established neighborhood character . While Fort Collins has yet to experience this form of infill development , such narrow units have been built in other communities , most notably Portland and Seattle , where they are experiencing development of 15-foot wide houses on infill lots within their established neighborhoods . Within these communities , there has been growing neighborhood opposition and the perception that the regulations have created an undesired outcome . Staff wants to take a proactive approach to address this potential infill issue . Such a code clarification would ensure a rhythm and spacing of houses , as described in the adopted Eastside and Westside Neighborhood Plans and Guidelines , which are more consistent with the historic pattern . Proposed Solution Overview Add text to the lot frontage requirements clarifying that the standards apply to each principal building on the lot . Draft Code Revisions 4 . 7 ( E ) ( 1 ) ( E ) Dimensional Standards ( 1 ) Minimum lot width shall be forty (40 ) feet for single-family and two- family dwellings and fifty ( 50 ) foot for all other uses, except that when more than one such dwelling is constructed on the same lot side - by-side along the street front, the minimum lot width shall be forty (40 ) feet for each such dwelling . The minimum lot width for all other uses shall be fifty ( 50 ) feet. 4 . 8 ( D ) ( 6 ) ( 6 ) Dimensional Standards ( a ) Minimum lot width shall be forty (40 ) feet for single-family and two- family dwellings , except that when more than one such dwelling is constructed on the same lot side - by-side along the street front, the minimum lot width shall be forty (40 ) feet for each such dwelling . EXG8pt tThe minimum lot width for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue shall be eighty-five ( 85 ) feet . #667 Amend 3 . 3 . 2 ( D ) — Required Improvements Prior to Issuance of Building Permit — to allow exceptions as agreed to and documented in the recorded Development Agreement . Problem Statement The Land Use Code , Section 3 . 3 . 2 ( D ) , requires that essentially all public infrastructure ( utilities and street improvements ) be completed before a building permit can be issued for a particular lot or piece of property . This provision seems to be intended for single - family residential subdivision projects , and it makes sense for these improvements to be required for those types of projects . However , in many large commercial and multi - family projects , this code provision restricts builders and developers to a sequential construction process that can be inefficient and costly . Several important commercial projects will be beginning soon , such as the Poudre Valley Hospital Harmony Campus Expansion , the Summit Lifestyle Center , and the Foothills Mall Expansion . Projects such as these can safely and efficiently build their infrastructure in parallel with their building construction . The keys to doing so are as follows : • All infrastructure ( utilities and transportation improvements ) that is necessary to support the project must be completed and accepted before a Certificate of Occupancy ( CO ) is issued for the building project . • During construction , adequate all -weather access for emergency vehicles ( ambulances , police vehicles and fire trucks ) must be maintained to and within the job site at all times . • Water lines and fire hydrants must be installed and in service before combustible materials can be brought to the job site . • Adequate drainage and erosion control measures must be installed and maintained so that the project does not damage adjacent and downstream property owners , or the public . There needs to be flexibility to use sound professional judgment in determining whether a building permit can be issued . Each project and site is different , and each may have more or less stringent needs for site preparation prior to issuance of a building permit . Footing and foundation permits are often used now on commercial projects to allow building construction to begin prior to all infrastructure being completed . This is appropriate and should be continued , although someone could strictly interpret an F & F permit to be a form of Building Permit , and thus deny its issuance until after all infrastructure is completed , given the current LUC language . One way to add flexibility to the current process would be to allow the City Engineer , in coordination with the Building Official , Fire Marshall and utility providers , to modify the LUC requirements by specifying in the development agreement an appropriate standard for the level of site improvements to be completed prior to a building permit being released . Proposed Solution Overview Modify Section 3 . 3 . 2 ( D ) of the Land Use Code as follows : 3 . 3 . 2 Development Improvements ( D ) Required Improvements Prior to Issuance of Building Permit. The following improvements shall be required prior to the issuance of a Building Permit , unless nt : • #669 Add a new section (4) to 3 . 8 . 7 ( M ) of the sign regulations in order to codify staff' s interpretation that the displayed message on electronic marquee signs can not change more frequently than once per minute , and that the change must occur instantaneously ( i . e . no scrolling or fading in or out) . Problem Statement The sign code allows changeable copy signs . Historically , such signs have been ones that require the lettering of the message to be changed manually . However, there had been the occasional electronic marquee sign , wherein the message changes electronically . The code prohibits flashing , moving or other animation effects on signs and therefore staff has required that such electronic signs must be programmed so that the message is static for a period of time , and that when the message changes it does so in a manner where the old message is removed and is replaced by the new one instantaneously ( i . e . , no scrolling , fading , etc) . The use of such electronic signs has been infrequent . However, staff is now receiving sign permit applications for these signs on a more frequent basis and is of the opinion that the sign code should clearly address how these signs are to function . Proposed Solution Overview In order to codify the needed regulations , staff recommends that Section 3 . 8 . 7 ( M ) be amended by adding a new subsection (4 ) as follows : ( M ) Electrical Signs . (4) Electrical signs that contain an electronic changeable copy module must be programmed so that the displayed message does not change more frequently than once per minute and so that the message change occurs without the use of scrolling, flashing, fading or other similar effects . #671 Amend Sections 3 . 2 . 2 [Cl ( 1 ) ( a ) and 3 . 2 . 2 [Cl ( 5) ( a ) so that requirements for pedestrian safety through parking lots , in the form of walkways and crosswalks , are consistent . By clarifying these two standards , a contradiction regarding raised crosswalks is eliminated . Problem Statement: In Section 3 . 2 . 2 Access, Circulation and Parking, the General Standard states that the on -site pedestrian system must provide adequate directness , continuity , street crossings , visible interest and security . Several applicable standards in this Section appear to conflict with each other . In one case , 3 . 2 . 2 ( C ) ( 5 ) (a ) , requires grade separation for instances where pedestrian walkway intersects with vehicular driveways . In 3 . 2 . 2 ( C ) ( 1 ) ( a ) , however, the standard requires mitigation measures to ensure safety but offers a number of suggested options from which to pick . Clarification is needed so that the intent of the standards is clear and consistent . There may be times when drive aisle pedestrian crossings should employ various mitigation techniques as already spelled out in the code , but may not need to be required to be grade-separated ( raised ) . We would want to retain , however , the requirement for raised crosswalks in certain situations such as primary walkways through busy commercial parking lots . The proposed change provides both flexibility and consistency and retains the ability require raised crosswalks but only where deemed necessary . Proposed Solution Overview: ( C ) Development Standards. All developments shall meet the following standards ( 1 ) Safety Considerations. To the maximum extent feasible , pedestrians shall be separated from vehicles and bicycles . ( a ) Where complete separation of pedestrians and vehicles and bicycles is not possible , potential hazards shall be-minimized by the use of techniques such as special paving , grade SeparatiORS , raised surfaces, pavement marking , signs or striping , bollards , median refuge areas , traffic calming features , landscaping , lighting or other means to clearly delineate pedestrian areas , for both day and night use . 5 ) Walkways. ( a ) Directness and continuity . Walkways within the site shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination , and shall not be located and aligned solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access . Walkways shall link street sidewalks with building entries through parking lots . Such walkways shall be grade separated frern tho paFkIRg le , raised or enhagftd with a paved surface not less than six (6 ) feet in width ._Drive aisles leading to main entrances shall have walkways on both sides of the drive aisle . Item 672 Amend 18 . 18(A)( 1 )(a) — Calculation of Gross Residential Density — to clarify that land dedicated for open space , stormwater or flood protection facilities prior to a submittal may also be included in the gross acreage in a subsequent P . D . P . Problem Statement The City' s Utilities and Real Estate Departments have discovered a problem in acquiring land zoned L- M - N for regional drainage and flood control facilities . This section currently requires that , at the time of a P . D . P . submittal , the gross residential density calculation shall exclude land previously dedicated , purchased or acquired for any public use . In two specific instances , the City has encountered resistance on the part of sellers to sell off a portion of their property for open space , parkland or stormwater facilities . This resistance is due to the sellers not wanting to lose the potential L-M - N density associated with the subject parcel under consideration for sale . As a result , sellers are either refusing to sell or charging a premium for this loss of potential density at the time of a subsequent P . D . P . In order to facilitate reasonable negotiation and acquisition on behalf of the public , this code change would have the effect of allowing the density associated with the parcel conveyed to the public to be shifted to the parcel of land retained by the seller. That way , at the time of P . D . P . submittal , the density from the parcel sold , or dedicated , to the public is captured within the boundaries of the parcel that remains after sell or dedication . This density shifting is similar to the clustering concept allowed in the Urban Estate zone . The City benefits from not losing density envisioned for the L-M- N zone . The property owner benefits from not losing development potential . Finally, the acquiring entity benefits from not paying exorbitant prices for land needed for public purposes . Proposed Solution Overview 3 .8A8 Residential Density Calculations - _ - � Formatted: Font: Bold - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Formatted: Font: Bold (A) Calculation of the gross residential density shall be performed (and included on the development plan) in the following manner: ( 1 ) Determining the gross acreage. The gross acreage of all the land within the boundaries of the development shall be included in the density calculation except: a) land previously dedieated, Wernmental public use prior to the date of approval of the development plan, provided, however, that this exception shall not apply to any such acquisition of an interest in land solely for open space, parkland purposes or stormwater facilities; Item 674 Add language to Section 3 . 4 . 7 , Historic and Cultural Resources , to allow for the demolition or relocation or individually eligible historic resources when appropriate . Problem Statement Section 3 . 4 . 7 of the Land Use Code is intended to protect designated or individually eligible historic properties . The section applies only to Type 1 and Type 2 development projects affecting resources that are designated on the National , State or Fort Collins Landmark registers , or resources individually eligible for Landmark designation . The purpose is to ensure that historic sites , structures or objects are preserved and incorporated into the proposed development , and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity of the historic resource . The City Attorneys Office recently reviewed the provisions of this Section , and determined that the existing code language requires historic resources to be retained , in their original location , effectively prohibiting either relocation or demolition as options . Proposed Solution Overview Staff recommends that 3 . 4 . 7 of the Land Use Code be revised as follows : 3 . 4 . 7 Historic and Cultural Resources (A) Purpose. This Section is intended to ensure that to the maximum extent feasible ( 1 ) historic sites , structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity of the historic rope property ; and (2 ) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood . This Section is intended to protect designated or individually eligible historic sites , structures or objects as well as sites , structures or objects in designated historic districts , whether on or adjacent to the prejeGt development site . ( B ) General Standard. If the project contains a site , structure or object that ( 1 ) is determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places ; ( 2 ) is officially designated as a local or state landmark , or is listed on the National Register of Historic Places ; or ( 3 ) is located within an officially designated historic district or area , then to the maximum extent feasible the development plan and building design shall provide for the preservation and adaptive use of the historic rope structure . The development plan and building design shall protect and enhance the historical and architectural value of any s historic property , that is ( a ) preserved and adaptively used on the development site or ( b ) is located on property adjacent to the development site and qualifies under ( 1 ) , (2 ) , or (3 ) above . whether OR „ r adja eRt +G the pr,, , o,.+ site-. New cgs structures must be compatible with the historic character of any such historic rope property , whether on the pFejeGt development site or adjacent thereto . ( C ) Determination of Landmark Eligibility. The determination of individual eligibility for local landmark designation will be made in accordance with the applicable provisions of Chapter 14 of the City Code . A site , structure or object may be determined to be individually eligible for local landmark designation if it meets one ( 1 ) or more of the criteria as described in Section 14 -5 , " Standards for Designation of Sites , Structures , Objects and Districts For Preservation " of the City Code . If a property is determined to be eligible for designation , the applicant will provide a completed Colorado Cultural Resource Survey Architectural Inventory Form for the property . ( Forms are available from the Community Planning and Environmental Services Department . ) The determination of individual eligibility for the National or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society . ( D ) Reuse, Renovation, Alterations and Additions. ( 1 ) Original materials and details , as well as distinctive form and scale , that contribute to the historic significance of the structure or neighborhood shall be preserved to the maximum extent feasible . Rehabilitation work shall not destroy the distinguishing quality or character of the property structure or its environment . ( 2 ) The rehabilitation of buildiRgS aPA structures shall be in conformance with the Secretary of the Interior' s " Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings " (available from the Director) or other adopted design guidelines . ( E ) New Construction. ( 1 ) To the maximum extent feasible , the height , setback and/or width of new buildiRgS structures shall be similar to those of existing historic 1961ildiRgG structures on any block face on which the new buildiRg structure is located and on any portion of a block face across a local or collector street from the block face on which the new Ong structure is located unless , in the judgment of the decision maker, such historic 1961ildiRgS structures would not be negatively impacted with respect to their historic exterior integrity and significance by reason of the new " 6 , ; ' G ) structure ( s ) being constructed at a dissimilar height , setback and /or width . Where building setbacks cannot be maintained , elements such as walls , columns , hedges or other screens shall be used to define the edge of the site and maintain alignment . Taller 196101diRgG structures or portions of buildiRgs structures shall be located interior to the site . BUildiRgG Structures at the ends of blocks shall be of a similar height to buildings structures in the adjoining blocks . ( 2 ) New buildiRgS structures shall be designed to be in character with such existing historic structures , but net be an imitation of hm. Steri�e . Horizontal elements , such as cornices , windows , moldings and sign bands , shall be aligned with those of such existing historic cgs structures to strengthen the visual ties among Wings structures . Window patterns of such existing d ' RgS structures (size , height , number) shall be repeated in new construction , and the pattern of the primary building entrance facing the street shall be maintained to the maximum extent feasible . See Figure 6 . Figure 6 Building Patterns DINS NOT THIS ( 3 ) The dominant building material of such existing historic buildiRgS structures adjacent to or in the immediate vicinity of the proposed structure shall be used as the primary material for new construction . Variety in materials can be appropriate , but shall maintain the existing distribution of materials in the same block . (4 ) Visual and pedestrian connections between the site and neighborhood focal points , such as a park , school or church , shall be preserved and enhanced , to the maximum extent feasible . ( 5 ) To the maximum extent feasible , existing historic and mature landscaping shall be preserved and when additional street tree plantings are proposed , the alignment and spacing of new trees shall match that of the existing trees . Item 675 Revise Section 3 . 1 . 1 of the Land Use Code , "Applicability, " to eliminate the applicability of the standards contained in Section 3 . 4 . 7 to single family dwellings which would otherwise be subject only to Type 1 or Type 2 development review. Problem Statement This revision would return the code to its original intent that only Type 1 or Type 2 development projects are subject to the provisions of Section 3 . 4 . 7 of the Land Use Code . In 2002 , the Land Use Code was amended to require that development and building permit applications , subject only to basic development review , would also be required to comply with the standards contained in Section 3 . 4 . 7 , " Historic and Cultural Resources . " Inclusion of Section 3 . 4 . 7 in this applicability statement had the unintended consequence of subjecting individually eligible single family dwellings applying for building permits for demolition , alterations , or relocation , to the same Land Use Code requirements as individually eligible single family dwellings proposed for Type 1 or Type 2 redevelopment . Proposed Solution Overview Staff recommends that language of Section 3 . 1 . 1 be revised to remove Section 3 . 4 . 7 from the definition as follows : 3 . 1 . 1 Applicability All development applications and building permit applications shall comply with the applicable standards contained in Divisions 3 . 1 through 3 . 9 inclusive , except that single-family dwellings and accessory buildings and structures and accessory uses that are permitted subject only to basic development review as allowed in Article 4 need to comply only with the standards contained in Article 4 for the zone district in which such uses are located and the standards contained in SeGtien 3 . 4 . 7 and Division 3 . 8 . In addition to the foregoing , this Land Use Code shall also apply to the use of land following development to the extent that the provisions of this Land Use Code can be reasonably and logically interpreted as having such ongoing application .