HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/1999 - ITEMS RELATED TO AMENDING THE LAND USE CODE ITEM NUMBER: 31 A-B
AGENDA ITEM SUMMARY
DATE: June 1, 1999
is FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard
SUBJECT:
Items Related to Amending the Land Use Code.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 98, 1999, Amending the Harmony Corridor Plan and the
Design Standards and Guidelines.
B. First Reading of Ordinance No. 99, 1999,Making Various Amendments to the City of Fort
Collins Land Use Code.
Staff has identified 20 Code amendments for consideration at this time. In addition to the LUC
amendments,amendments to the Harmony Corridor Plan and Harmony Corridor Design Standards
and Guidelines are recommended to address the issue of convention and conference centers in the
Harmony Corridor.
BACKGROUND:
The Land Use Code was first adopted March 27, 1997. In an on-going effort to refine the Code and
resolve implementation issues that come up during its use, a regular, twice-a-year process was
established to ensure timely reaction to these issues. This staff report and accompanying issue
j summaries, resolution and ordinances represent the spring cycle of 1999.
Suggestions for Code amendments are solicited from those Boards and Commissions that either
j work directly with the Land Use Code(such as the Planning and Zoning Board) or are responsible
for programs that are implemented through the Code (such as the Natural Resources Advisory
Board) and City staff that directly work with the Code and those outside the City organization that
! depend on staff interpretation of the Code.
Two amendments have been identified as warranting discussion:
� Ii Convenience stores with fuel sales; and,
DATE: June 1, 1999 2 ITEM NUMBER: 31 A-B
• Requirements for timely progress on development review projects.
All other amendments are considered minor in nature.
CONVENIENCE STORES WITH FUEL SALES
Problem Statement
Recent annexations have promoted an evaluation of a variety of issues surrounding how
"Convenience retail stores with fuel sales" are addressed in the Code. Specific issues include:
A. Where should"convenience retail stores with fuel sales be allowed in Fort Collins"?
Specifically, should these uses be allowed in the MMN zone?
B. Are the definitions relating to these uses clear and appropriate?
Solution overview:
The Land Use Code now allows Convenience retail stores in the MMN zone. Upon detailed review
of the City Plan Principles and Policies, staff is recommending that these uses should not be
permitted in this zone. Staff also recommends that a number of clarifications be made to the various
definitions related to these uses.
This issue was first brought forward for consideration last spring. However, some property owners
that had recently been placed into the MMN zone expressed concerns that these changes represented
a significant change in the perntted uses with in the zone. These property owners requested that
the changes not be made. Council gave staff direction to delay implementation of these code
revisions for one year to give the affected property owners a period of time to complete any pending
transactions that may have been based on the assumption that C-stores with fuel sales would
continue to be permitted in the MMN zone.
Attachment 1 is a copy of a memo from Ken Waido dated March 11, 1998 that provides additional
information on this issue.
REQUIREMENTS FOR TIMELY PROGRESS ON DEVELOPMENT REVIEW PROJECTS
Problem Statement
While the development review process is sometimes a lengthy procedure between application and
final approval, occasionally, applicants will elect not to actively pursue projects that have been
submitted or will make submittals prior to changes in regulations only to let the application languish
without significant progress. Because land use regulations change and sub-area plans get adopted,
it is desirable to process development applications against the most current regulations possible.
When projects do not respond to City comments in a timely fashion, it is appropriate to require
resubmittal and compliance with the most recent regulations. However,for those projects that have
been in the system an extended time and have continued to try to address City concerns, it is
appropriate to continue to review them against the regulations in effect at the time of submittal.
DATE: June 1, 1999 3 ITEM NUMBER: 31 A-B
Proposed Solution Overview
• The Land Use Code should be amended to include a provision for timely, continuous progress on
development applications. A new section should be included in Section 2.2.11 Lapse. This language
could apply to existing projects in the development review process by two mechanisms:
Beginning the time period at the time of the next comment letter from the City; or,
Resending the last comment letter with notification that the time period is being applied.
The proposed language change would be inserted in Section 2.2.11:
Step 11: Lapse
(A) Application Submittals. An application submitted to the City for the review and
approval of a development plan must be diligently pursued and processed by the
applicant. Accordingly,the applicant, within ninety (90) days of receipt of written
comments and notice to respond from the City on any submittal (or subsequent
revision to a submittal) of an application for approval of a development plan, shall
file such additional or revised submittal documents as are necessary to address such
comments from the City. If the additional submittal information or revised submittal
is not filed within said period of time, the development application shall
automatically lapse and become null and void. The Director may grant one (1)
extension of the foregoing ninety (90) day requirement, which extension may not
exceed thirty (30) days in length. This subsection (A) shall apply to applications
which are, or have been, filed pursuant to this Land Use Code and to applications
which are, or have been, filed pursuant to the laws of the City for the development
of land prior to the adoption of this Land Use Code.
HARMONY CORRIDOR PLAN AND HARMONY CORRIDOR DESIGN STANDARDS AND
GUIDELINES
The recommended addition of convention and conference centers to the HC - Harmony Corridor
Zone District,requires the amendment ofboth the Harmony Corridor Plan and the Harmony Corridor
Design Standards and Guidelines in addition to the Land Use Code. Specifically, Chapter 3 of the
Corridor Plan,Policy LU—2 would be amended to include convention and conference centers as a
permitted secondary use. The section of the Harmony Corridor Design Standards and Guidelines
dealing with Land Use and Locational Standards and Guidelines would also be amended to include
convention and conference centers as a permitted secondary use.
PUBLIC OUTREACH
City staff held a public open house to review the proposed Code amendments on March 30, 1999
• in the conference room at 291 North College Avenue. The open house was attended by 5 individuals
to receive advance copies of the proposed changes. No issues were discussed.
DATE: June 1, 1999 4 ITEM NUMBER: 31 A-B
The proposed changes were also presented to the Home Builders Association at a lunch meeting on
April 22. Concerns were expressed over the proposed time frame for required responses to
development review comments (Item # 203). Questions were also raised as to the possibility of
phasing vested rights timelines for approved projects.
PLANNING AND ZONING BOARD RECOMMENDATION:
On Thursday,May 20,1999,the Planning and Zoning Board voted 6-0 to forward a recommendation
of approval for the attached amendments to the Harmony Corridor Plan, the Harmony Corridor
Design Standards and Guidelines and the Land Use Code with the exception of item #129,
Convenience Stores With Fuel Sales. The Board voted 5-1 to forward a recommendation of
approval on that item. No indication regarding the negative vote was provided by the Planning and
Zoning Boardmember.
ATTACHMENTS:
Attachment 1: Memorandum from Ken Waido dated March 11, 1998 regarding convenience stores
with fuel sales.
Attachment 2: Spring 99 Unresolved Land Use Code Issues
Attachment 3: Annotated Issue List
Attachment 4: Annotated Ordinance Index
. ORDINANCE NO. 98, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE HARMONY CORRIDOR PLAN AND THE
HARMONY CORRIDOR STANDARDS AND GUIDELINES
WHEREAS,by Resolution 91-42 the Council of the City of Fort Collins approved the City
of Fort Collins Harmony Corridor Plan and included it as an element of the Comprehensive Plan of
the City; and
WHEREAS,by Ordinance No. 187, 1994,the Council subsequently amended the Harmony
Corridor Plan; and
WHEREAS,by Ordinance No.28, 1991,the Council adopted the Harmony Corridor Design
Standards and Guidelines; and
WHEREAS, by Ordinances No. 187, 1994, and No. 29, 1995, the Council subsequently
amended the Harmony Corridor Standards and Guidelines; and
WHEREAS,as a part of a routine evaluation of the Land Use Code of the City,the Council
has discovered that the land use known as"convention and conference center" is not a permitted use
in the Harmony Corridor District; and
• WHEREAS, the Council has determined that, given the uses permitted in the Harmony
Corridor District,including,without limitation,lodging establishments(hotels and motels),research
laboratories,light industrial uses, and offices, financial services and clinics, and particularly given
the nature of the large corporate development that has heretofore occurred in the Harmony Corridor
District, conventions and conference centers constitute a use which would be appropriate for the
Harmony Corridor District; and
WHEREAS, Council has accordingly determined that the Harmony Corridor Plan and the
Harmony Corridor Standards and Guidelines should be amended to allow conventions and
conference centers as a permitted use in the Harmony Corridor District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Land Use Policy LU-2, together with all explanatory notes pertaining
thereto,as contained in Chapter 3 of the Harmony Corridor Plan,shall be and hereby is repealed and
readopted to read as follows:
LU-2 Locate all industries and businesses in the "Basic Industrial and Non-
Retail Employment Activity Centers" in the areas of the Harmony
Corridor designated for such uses on Map 10. Secondary supporting
uses will also be permitted in these Activity Centers,but shall occupy no
more than 25 percent (25%) of the total gross area of the Overall
Development Plan or Planned Unit Development, as applicable.
The Harmony Corridor offers an opportunity for creating a major business and _
industrial center in northern Colorado, due to its desirable location, accessibility,
available infrastructure and land ownership pattern. Attracting desirable industries
and businesses into the community, and in particular, the Harmony Corridor,
achieves an important public purpose because it promotes primary and secondary
jogs and generally enhances the local economy.
Basic Industrial and Non-Retail Employment Activity Centers are locations where
industrial uses and/or office or institutional type land uses are planned to locate in the
future in business park settings. Base industries are firms that produce goods and
services which are produced for export outside the city,and thereby import income
into the city. Typical business functions include research facilities, testing
laboratories,offices and other facilities for research and development;industrial uses;
hospitals,clinics,nursing and personal care facilities;regional,vocational,business
or private schools and universities; finance, insurance and real estate services;
professional offices; and other uses of similar character, as determined by the
Planning and Zoning Board.
Secondary uses include hotels/motels, n ei okan d torte, sit-down
restaurants;neighborhood convenience shopping centers;child care centers;athletic
clubs; and a mix of single family and multifamily housing. If single family housing
is provided, at least a generally equivalent number of multi-family dwelling units
must also be provided. "Multi-family"shall mean attached single family dwellings, _
2-family dwellings or multi-family dwellings.
Secondary uses shall be integrated both in function and in appearance with an office
(or business)park,unless a special exemption is granted by the Planning and Zoning
Board. In order for such an exemption to be granted,the applicant must demonstrate
to the satisfaction of the Board that the granting of the exemption would neither be
detrimental to the public good nor impact the intent and purposes of the foregoing
requirement and that by reason of exceptional narrowness,small parcel size,or other
special condition peculiar to a site, undue hardship would be caused by the strict
application of this requirement.
The essence of the Basic Industrial and Non-Retail Employment Activity Center is
a combination of different types of land uses along with urban design elements that
reduce dependence on the private automobile,encourage the utilization of alternative
transportation modes, and ensure an attractive appearance.
Section 2. That the section ofthe Harmony Corridor Standards and Guidelines document
entitled "Land Use and Vocational Standards and Guidelines" shall be and hereby is amended by
changing the list of"permitted secondary uses" contained therein to read as follows:
• Permitted secondary uses shall be limited to:
• Hotels/motels
vention andwconference centers• Con
• Sit-down restaurants
• Neighborhood convenience shopping centers
• Child care centers
• Athletic clubs
• Single family and multi-family housing
• Accessory buildings and uses as defined in Sy tion 29-456 Anc�leI of the Land
Use Code. (+)
Introduced and considered favorably on first reading and ordered published this 1 st day of
June, A.D. 1999, and to be presented for final passage on the 15th day of June, A.D. 1999.
Mayor
ATTEST:
•
City Clerk
Passed and adopted on final reading this 15th day of June, A.D. 1999.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 99, 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 2.2.3(C)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Execution of Plats/Deeds; Signature Requirements. All
final plats and/or deeds (for conveyances of real property
either off the site described on the plat or at a time or in a
manner separate from the plat), submitted to the City shall:
(a) be signed by all current owners of any recorded fee
interest in the surface of the land described on the
plat (or in the deed), whether full or defeasible and
whether solely or partially owned.
(b) be signed by all current owners of any equitable
interest arising out of a contract to purchase any fee
interest in the surface of the land described on the
i
plat (or in the deed), whether full or defeasible and
whether solely or partially owned.
(c) be signed by all current record owners of any non-
freehold interest arising from any recorded lease of
the surface of the land described on the plat (or in
the deed) if such lease has a remaining term of six
(6) years following approval of the final
development plan by the decision maker or if such
lease contains any right of extension which, if
exercised by the tenant, would create a remaining
term of six (6) years following approval of the final
development plan by the decision maker.
(d) be signed by all current owners of any recorded
mortgage, deed of trust or other lien, financial
encumbrance upon or security interest in the lands
described on the plat (or deed) which, if foreclosed
would take, injure, diminish or weaken the city's
interest in any land, easement or right-of-way which
is dedicated to the city or to the public on the plat
(or in the deed).
(e) be signed by all current owners of any easement or
right-of-way in the lands described on the plat (or in
the deed) whether on, above or below the surface,
which includes rights which will take, injure,
diminish or weaken the city's interest in any land,
easement or right-of-way which is dedicated to the
city or to the public on the plat(or in the deed).
(f) be signed by an attorney licensed to practice law in
the State of Colorado certifying to the city that all
signatures as required pursuant to subparagraphs (a)
through (e) above have lawfully and with full
authority been placed upon the plat (or in the deed).
Said certification may be limited by the attorney so
certifying to only those ownership interests that are
of record or, if not of record, are either actually
known to the certifying attorney to exist, or in the
exercise of reasonable diligence, should have been
known to the certifying attorney to exist. For
purposes of such certification, the terms "record,"
"recorded" and "of record" shall mean as shown by
documents recorded in the real estate records in the
2
. Clerk and Recorder's Office of Larimer County,
Colorado prior to the date of certification.
(g) contain a maintenance guarantee, a repair guarantee
and a certificate of dedication signed by the
developer and the owner (as described in
subparagraph (a) above), which provide a two-year
maintenance guarantee and five-year repair
guarantee covering all errors or omissions in the
design and/or construction. The specific provisions
of the maintenance guarantee, repair guarantee and
certificate of dedication shall be established by the
City Engineer.
(h) contain the legal notarization of all signatures as
required pursuant to subparagraphs (a) through (e)
above to be placed upon the plat(or deed).
(i) in substitution of the requirement of subparagraph
(f) above, be accompanied by a policy of title
insurance insuring the city, in an amount to be
determined by the Director as sufficient to fully
. compensate the city for (a) any and all risk of
liability for; and (b) all damages to the city arising
from the execution of the plat (or deed) in any
manner not in compliance with the requirements of
this Section.
The Director may waive or modify the requirements of
subparagraphs (b) through (e)a
above upon a clear and convincing
showing by the applicant that such waiver or modification
will not result in any detriment to the public good,
including without limitation, detriment to the interest of the
public in the real property conveyed to it on the plat (or in
the deed); and will not result in any harm to the health,
safety or general welfare of the city and its citizens.
Section 2. That Section 2.9.2 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
2.9.2. Applicability
Any and all amendments to the text of this Land Use Code and any and all
changes to the Zoning Map must be processed in accordance with this
3
Division. Commencing one (1) year after the effective date of this Land
Use Code, amendments to the Zoning Map shall be processed only twice
per calendar year pursuant to the submittal and hearing date schedule
established pursuant to Section 2.2.3(D); provided, however, that this
limitation shall not apply to petitions for amendments to the Zoning Map
initiated by the owners of properties in the Transition District, which
petitions shall be governed by the provisions of Section 4.9(B)(1)(c)
I
W ti
Only Mrecommendation of the
Planning and Zoning Board, adopt an ordinance amending the text of this
Land Use Code or the Zoning Map in accordance with the provisions of
this Division.
Section 3. That Section 2.2.10(A)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) any change to any approved development plan or any site
specific development plan (except a minor subdivision [no
longer authorized in this Land Use Code]) which was
originally subject only to administrative review and was
approved by the Director,
a provided
such change would not have disqualified the original plan
from administrative review had it been requested at that
time; and provided that:
Section 4. That Section 2.2.11 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new subsection (A) to read as follows and
renumbering subsequent subsections accordingly:
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Section 5. That Section 2.3.2(H)(6) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(6) The overall development plan shall show the general
location and approximate size of all natural areas "
and features within its boundaries and shall indicate the
applicant's proposed rough estimate of the xlimits @
Elevelepmei -natural area buffer zones as required
pursuant to Section 3.4.1(6 .
Section 6. That Section 3.2.2(K)(5)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Handicapped spaces. Parking spaces for the
physically handicapped shall have a stall width of
twelve "� feet unless the space is
parallel to a pedestrian walk. Other dimensions
shall be the same as those for standard vehicles.
Any such spaces shall be designated as being for the
handicapped with a raised standard identification
sign.
Section 7. That Section 3.3.1(C) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(C) Public Sites,Reservations and Dedications.
(1) An applicant shall be required to dedicate rights-of-way for
public streets, drainage easements and utility easements as
needed to serve the area being platted. In cases where any
part of an existing road is in the tract being subdivided, the
applicant shall dedicate such additional right-of-way as
may be necessary to increase such roadway to the minimum
width required under this Land Use Code for such street.
«El a Ave yea. repaguaFa«tee all eFFers or
in the design «d/e- a fis#uetie«e .,,h:ah e}.ell
«..ta..t,, a total guara tee « ed e f Ave (5) yeafs, And
whieh e.... anteen shell eeFpmenee upea the_.dateame_ ..P
«loge« of the e«ram and aereptanee_.by the
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(32) Reservation of sites for flood control, open space and other
municipal uses shall be made in accordance with the
requirements of this Land Use Code, and, generally, the
City Code.
Section 8. That Section 3.3.2(C) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(C) Development Rend' and Seemp'.t-:60-F the-Maintenance
and Repair Guarantees.
(1) Prior to the issuance of a Development Construction Permit
for a new development, the developer must provide to the
city a guarantee in the form of a development bond,
performance bond, letter of credit, cash, certificate of
deposit or other city-approved means to guarantee the
completion of all public improvements to be constructed as
shown on the approved plans for the development
(hereafter referred to as the "'on§ tir security"). The
amount of the f� security shall be equal to the
total cost of the developer's portion of the public
improvements, as estimated by the developer and approved
by the City Engineer. However, draws upon such
N . security shall not exceed the actual cost of
completing a deficient development project or making any
necessary repairs. As progress is made on the construction
of the new public infrastructure, the developer may request
a reduction in the amount of con5trh` security in
proportion to the actual completion percentage of the
installed infrastructure. Upon receipt of such a request, the
city shall verify the completion percentage and permit the
substitution of an approved .Wn"dffRW security
instrument in an amount equal to the cost of the developer's
portion of the remaining public improvements.
(2)
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` The amount of the
e ce security during the maintenance
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 maintenancelrM 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.
(3) Whether '' " ' bi security must be provided by
the developer for the remaining three (3) years of the repair
guarantee period shall depend upon the condition of the
streets and other public infrastructure within the
development. The developer shall not be required to
provide such additional IMPOTIMTORsecurity for
streets or infrastructure that, upon inspection by the City
Engineer, are found not to exhibit any evidence of
deterioration or defect (including, without limitation,
excessive cracking, settlements, deflections, rutting,
• potholes or other similar defects), other than normal wear
and tear. However, if evidence of such deterioration or
7
defect is exhibited, then the existing ` /repay
security shall be required to be renewed, or a new security
shall be required for the final three (3) years of the repair
guarantee period. The amount of the na - ePa
security during the repair 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, shall not exceed twenty-five (25)percent, and
may be adjusted if appropriate during the guarantee period.
Section 9. That Section 3.5.2(D)of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Residential Building Setbacks.
(1) Setback from Arterial Streets. The minimum setback of
every residential building
from
any arterial street right-of-way shall be thirty (30) feet.
(2) Setback from Nonarterial Streets. Minimum setback of
every residential building o
ct siG a from
any public street right-of-way other than an arterial street
right-of-way shall be fifteen (15) feet; except that in any
zone district other than the R-L, U-E and L-M-N Districts,
a minimum front yard setback of seven (7) feet shall be
permitted for attached housing with rear vehicle access and
parking.
(3) Side and Rear Yard Setbacks. The minimum side yard
setback for all residential bmldings a, e�
shall be five (5) feet from the property line. If a
zero-lot line development plan is proposed, a single six-foot
minimum side yard is required. Rear yard setbacks in
residential areas shall be a minimum of fifteen (15) feet
from the rear property line, except for garages and storage
sheds not exceeding eight (8) feet in height, where the
minimum setback shall be zero (0) feet, and for alley-
accessed garages and dwellings for which the minimum
setback shall be 4Y�ig"�it,�,O feet.
8
Section 10. That Section 3.5.4(C)(1)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Small Retail Stores. Where prifteipal Ibuildingsw
xet estais c en: contain additional, separately
owned stores that occupy less than twenty-five
thousand (25,000) square feet of gross floor area,
with separate, exterior customer entrances, the street
level facade of such stores shall be transparent
between the height of three (3) feet and eight (8)
feet above the walkway grade for no less than sixty
(60) percent of the horizontal length of the building
facade of such additional stores.
Section 11. That Section 3.5.4(C)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(a) Each pr-iaeipal ""I-1-agPOKINNiffliffek on
a site shall have clearly defined, highly visible
customer entrances featuring no less than three (3)
of the following:
1. canopies or porticos;
2. overhangs;
3. recesses/projections;
4. arcades;
5. raised corniced parapets over the door;
6. peaked roof forms;
7. arches;
8. outdoor patios;
9. display windows;
10. architectural details such as tile work and
moldings which are integrated into the
building structure and design;
9
11. integral planters or wing walls that
incorporate landscaped areas and/or places
for sitting.
(b) Where additional stores will be located in the
prifieiP84 buildiag d {� each
such store shall have at least one (1) exterior
customer entrance, which shall conform to the
above requirements.
(c) All building facades which are visible from
adjoining properties and/or public streets shall
comply with the requirements of Article 3.5.3(D)(2)
above.
Section 12. That Section 3.5.4(C)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Site Design and Relationship to Surrounding Community.
(a) Entrances. All sides of a priR..ipal building
ffgMMIMM that directly face an abutting
public street shall feature at least one (1) customer
entrance. Where a p6aeipe4—le5-
—
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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.)
(b) Parking lot location. No more than fifty (50)
percent of the off-street parking area for the lot,
tract or area of land devoted to the large retail
establishment shall be located between the front
facade of the ; gar etu`
and the abutting streets (the "Front
Parking Area"). The Front Parking Area shall be
determined by drawing a line from the front comers
of the building to the nearest property corners. If
any such line, when connected to the plane of the
front facade of the building, creates an angle that is
greater than one hundred eighty (180) degrees, then
the line shall be adjusted to create an angle of one
hundred eighty (180) degrees when connected to the
10
plane of the front facade of the building. If any
. such line, when connected to the plane of the front
facade of the building, creates an angle that is less
than ninety (90) degrees, then the line shall be
adjusted to create an angle of ninety (90) degrees
when connected to the plane of the front facade of
the building. Parking spaces in the Front Parking
Area shall be counted to include all parking spaces
within the boundaries of the Front Parking Area,
including (i) all partial parking spaces if the part
inside the Front Parking Area boundary lines
constitutes more than one-half (%z) of said parking
space, and (ii) all parking spaces associated with
any pad sites located within the Front Parking Area
boundaries.
(c) Back sides. The minimum setback for any building
facade shall be thirty-five (35) feet from the nearest
property line. Where the facade faces adjacent
residential uses, an earthen berm, no less than six
(6) feet in height, containing at a minimum
evergreen trees planted at intervals of twenty (20)
. feet on center, or in clusters or clumps, shall be
provided.
(d) Connectivity. The site design must provide direct
connections and safe street crossings to adjacent
land uses.
Section 13. That Section 3.5.4(C)(4)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Continuous internal pedestrian walkways, no less
than eight (8) feet in width, shall be provided from
the public sidewalk or right-of-way to the principal
customer entrance of all pr-ineipal- legs ac e'
on the site. At a minimum,
walkways shall connect focal points of pedestrian
activity such as, but not limited to, transit stops,
street crossings, building and store entry points, and
shall feature adjoining landscaped areas that include
trees, shrubs, benches, flower beds, ground covers
or other such materials for no less than fifty (50)
percent of the length of the walkway.
11
Section 14. That Section 3.6.2(L)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(L) Private Drives. h i ral an
YN k
A
(1) When Allowed.
(a) Single family developments. A private drive shall
be allowed to provide EM 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 private
drive may not be used where "through traffic" (by
plan or circumstance) would use the drive. All
development plans which include any proposed
private drives must comply with Section 3.6.3
(Street Pattern and Connectivity Standards).
(b) Multi family developments. A private drive shall be
allowed to serve as access to buildings containing
multi-family dwelling units, provided that the drive
is connected to only one (1) street or, alternatively,
if the drive is connected to more than one (1) street,
then the private drive shall be aligned so that it does
not attract or invite "through traffic."
ar
ttv.• ,�td ,x hoc
g B doll 4 t
p"1 c ilxnal ' es's
Section 15. That Section 3.8.18(b)(1)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) land containing natural areas or features that are to
be protected from development and disturbance in
12
accordance with the requirements of Section 3.4.1,
"Natural Aaeas�lab �s and Features";
Section 16. That the Land Use Code of the City of Fort Collins is hereby
amended by adding a new section 3.8.25 to read as follows:
5� an ep .E�riodfa , r e'
tf a ft q e�p . o'�i i ech
t r
actiy a errru
C
eafte
a
g.
Section 17. That Section 4.2(E)(2)(b) of the Land Use Code of the City of Fort
. Collins is hereby amended to read as follows:
(b) Minimum lot sizes may be waived by the Planning and Zoning
Board, provided that the overall density of the cluster development
is not greater than one (1) unit per ROOM, acre, and the units are
clustered together in the portion of the property designated on the
plan for residential use at a density of three (3) to five (5) units per
acre.
Section 18. That Section 4.4(B)(3)(c)(1) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
1. Neighborhood centers consisting of one (1)
or more of the following uses: standard and
fast food restaurants; artisan , and
photography studios and galleries; or
convenience grocery stores with fuel sales
that are at least three-quarter C14) mile from
n any er such use i f rom ;any
g sil ll
gasbhn�sta"4n; provided that such use or
uses are combined with at least one (1) other
use listed in Section 4.4(B)(2)(c)(3) above.
13
Section 19. That Section 4.5(B)(2)(c) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
c) Commercial/Retail Uses:
1. Bed and breakfast establishments with no
more than six (6)beds.
2. Convenience retail stores without fuel sales.
41'. Artisan and photography studios and
galleries.
5$, Child care centers.
Section 20. 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 Not Permitted Type 1 Not Permitted
dwellings
Single-family Not Permitted Type 1 Type 1
attached dwellings
(up to four units per
building)
Multi-family BP Type 2 Type 2
Dwellings
Group homes Type 1 Type 2 Type 2
14
. Land Use Old City Center Canyon Avenue Civic Center
Mixed-use dwelling BP Type 1 Type 1
units
Boarding and Type 2 Type 2 Type 2
rooming houses
Fraternity and Not Permitted Type 2 Not Permitted
sorority houses
Places of worship or Not Permitted Type 1 Not Permitted
assembly
Public and private BP Type 1 Type 1
schools (colleges,
universities, vocation
training)
Public and private Type 2 Type 2 Type 2
schools (elementary,
intermediate and high
school education)
Community facilities Type 1 Type 1 Type 1
Conference/ BP Type 2 Type 2
convention center
Long-term care Type 2 Type 2 Type 2
facilities
Public facilities BP Type 1 Type 1
Parks, recreation and Type 1 Type 1 Type 1
other open lands,
except neighborhood
parks as defined by
the Parks and
Recreation Policy
Plan
Transit facilities Type 2 Type 2 Type 2
(without
repair/storage)
is
Land Use Old City Center Canyon Avenue Civic Center
Jails, detention and Not Permitted Not Permitted Type 2
penal centers
Peg day eafe Nat RAFM—i hype 2 T-yfle--2
€asil�ties
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 BP Type 1 Type 1
services and clinics
Artisan, photography BP Type 1 Type 1
galleries and studios
Limited indoor BP Type 1 Type 1
recreation
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 BP Type 2 Type 1
facilities 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 Type 2 Type 2 Type 2
16
Land Use Old City Center Canyon Avenue Civic Center
establishments
Health and BP Type 1 Type 1
membership clubs
Parking lots and
garages (as a Type 2 Type 2 Type 2
principal use)
Veterinary Not Permitted Type 2 Type 2
facilities/small animal
clinics
Supermarkets Not Permitted Type 2 Type 2
Open-air farmers Type 1 Type 1 Type 1
markets
Large retail Type 2 Type 2 Type 2
establishments
YPe
aNEMEM
TIME
tl�e
Workshops and small Not Permitted Type 1 Type 1
custom industry
Research laboratories Not Permitted Type 1 Type 1
Accessory buildings BP BP BP
Accessory uses BP BP BP
Satellite dishes more BP BP BP
than thirty-nine (39)
inches in diameter
Wireless Type 1 Type 1 Type 1
telecommunication
equipment
17
Land Use Old City Center Canyon Avenue Civic Center
Wireless Type 2 Type 2 Type 2
telecommunication
facilities
Drive-in facilities Not Permitted Type 2 Type 2
Section 21. That Section 4.12(E)(3)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Outdoor cafes. Restaurants shall be permitted to operate outdoor
cafes on sidewalks, including areas within the public right-of-way
and in courtyards, provided that pedestrian circulation and access
to store entrances shall not be impaired.
Fpe. e
oca ' ' , The following standards shall apply to all outdoor cafes:
1. To allow for pedestrian circulation, a
minimum of seven(7) feet of sidewalk along
the curb and leading to the entrance to the
establishment shall be maintained free of
tables and other encumbrances.
2. Planters, posts with ropes or other
removable enclosures are permitted as a way
of defining the area occupied by the cafe.
3. Extended awnings, canopies or large
umbrellas shall be permitted. Colors shall
complement building colors.
4. Outdoor cafes shall be required to provide
additional trash receptacles in the outdoor
eating area.
5. Tables, chairs, planters, trash receptacles and
other elements of street furniture shall be
compatible with the architectural character
of the building where the establishment is
located in terms of style, color, materials and
similar elements.
18
. 6. The operators of outdoor cafes shall be
responsible for maintaining a clean, litter-
free and well-kept appearance within and
immediately adjacent to the area of their
activities.
Section 22. That Section 4.13(B)(3)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Child care centers.
Section 23. That Section 4.14(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
• 1. Bed and breakfast establishments.
2. Standard restaurants.
3. Fast food restaurants.
4. Clubs and lodges.
5. Health and membership clubs.
6. Funeral homes.
7. Grocery stores.
8. Personal and business service shops.
9. Convenience retail stores without fuel sales.
10. Offices, financial services and clinics.
11. Artisan and photography studios and
. galleries.
19
12. Equipment rental establishments (without
outdoor storage).
13. Retail establishments.
14. Limited indoor recreation establishments.
15. Gasoline stations.
16. Bars and taverns.
17. Veterinary facilities and small animal
clinics.
18. Lodging establishments.
19. Child care centers.
20. Open-air farmers markets.
21. Dog day-care facilities.
bps,:
Section 24. That Section 4.15(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Grocery stores.
4. Personal and business service shops.
5. Offices, financial services and clinics.
6. Clubs and lodges.
7. Bars and taverns.
8. Funeral homes.
20
. 9. Artisan and photography studios and
galleries.
10. Open-air farmers markets.
11. Entertainment facilities and theaters.
12. Convenience retail stores without fuel sales.
13. Limited indoor recreation establishments.
14. Veterinary facilities and small animal
clinics.
15. Retail establishments.
16. Lodging establishments.
17. Child care centers.
18. Dog day-care facilities.
.k ry
Section 25. That Section 4.16(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Grocery stores.
4. Personal and business service shops.
5. Offices,financial services and clinics.
6. Artisan and photography studios and
galleries.
7. Health and membership clubs.
21
8. Entertainment facilities and theaters.
9. Lodging establishments.
10. Clubs and lodges.
11. Limited indoor recreation establishments.
12. Convenience retail stores without fuel sales.
13. Veterinary facilities and small animal
clinics.
14. Child care centers.
15. Dog day-care facilities.
£ M ps:.
Section 26. That Section 4.17(B)(20)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Convenience retail stores without fuel sales.
4. Convenience retail stores with fuel sales.
5. Personal and business service shops.
6. Offices, financial services and clinics.
7. Artisan and photography studios and
galleries.
8. Retail establishments.
9. Retail stores with vehicle servicing.
10. Limited indoor recreation establishments.
22
• 11. Vehicle minor repair, servicing and
maintenance establishments.
12. Equipment rental establishments (without
outdoor storage).
13. Equipment,truck and trailer rental.
14. Lodging establishments.
15. Frozen food lockers.
16. Funeral homes.
17. Gasoline stations.
18. Health and membership clubs.
19. Open-air farmers markets.
20. Plant nurseries and greenhouses.
• 21. Plumbing, electrical and carpenter shops.
22. Clubs and lodges.
23. Veterinary facilities and small animal
clinics.
24. Dog day-care facilities.
25 o
Section 27. That Section 4.18(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
• 3. Clubs and lodges.
23
4. Convenience retail stores without fuel sales.
5. Convenience retail stores with fuel sales.
6. Personal and business service shops.
7. Gasoline stations.
8. Offices,financial services and clinics.
9. Artisan and photography studios and
galleries.
10. Retail establishments.
11. Retail stores with vehicle servicing.
12. Vehicle minor repair, servicing and
maintenance establishments.
13. Major vehicle repair, servicing and
maintenance establishments.
14. Vehicle and boat sales establishments with
outdoor storage.*
15. Equipment rental establishments (without
outdoor storage).
16. Equipment, truck and trailer rental
establishments.
17. Limited indoor recreation establishments.
18. Bars,taverns and nightclubs.
19. Entertainment facilities and theaters.
20. Funeral homes.
21. Retail and supply yard establishments with
outdoor storage.
24
22. Parking lots and parking garages (as a
principal use).
23. Veterinary facilities and small animal
clinics.
24. Veterinary hospitals.
25. Health and membership clubs.
26. Recreational uses.
27. Plant nurseries and greenhouses.
28. Enclosed mini-storage facilities, if located at
least two hundred (200) feet from North
College Avenue.
29. Plumbing, electrical and carpenter shops.
30. Lodging establishments.
• 31. Child care centers.
32. Unlimited indoor recreational uses and
facilities.
33. Dog day-care facilities.
*Automobile sales and rental uses shall be limited to ten (10)percent of the total linear
frontage of both sides of North College Avenue between Vine Drive and the northern city
limits or the intersection of North College Avenue and State Highway 1, whichever
results in the shortest linear distance.
Section 28. That Section 4.19(13)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Standard restaurants.
. 2. Fast food restaurants.
25
3. Health and membership clubs.
4. Grocery stores.
5. Open-air farmers markets.
6. Personal and business service shops.
7. Convenience retail stores, without fuel sales.
8. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from the nearest convenience retail store.
9. Offices, financial services and clinics.
10. Artisan and photography studios and
galleries.
11. Retail establishments.
12. Vehicle minor repair, servicing and
maintenance establishments (indoor).
13. Limited indoor recreation.
14. Gasoline stations.
15. Veterinary facilities and small animal
clinics.
16. Child care centers.
17. Equipment rental establishments without
outdoor storage.
18. Dog day-care facilities.
Section 29. That Section 4.20(B)(1)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
26
. 1. Vehicle minor repair, servicing and
maintenance establishments.
2. Vehicle major repair, servicing and
maintenance establishments.
3. Vehicle sales, leasing and rentals with
outdoor storage.
4. Child care centers.
5. Entertainment facilities and theaters.
6. Clubs and lodges.
7. Offices, financial services and clinics.
8. Parking lots and garages (as a principal use).
9. Personal and business service shops.
. 10. Plumbing, electrical and carpenter shops.
11. Standard restaurants.
12. Fast food restaurants.
13. Frozen food lockers.
14. Retail establishments.
15. Limited indoor recreation.
16. Veterinarian facilities and small animal
clinics.
17. Veterinary hospitals.
18. Dog day-care facilities.
—� WA
• Section 30. That Section 4.21(13)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
27
(b) Commercial/Retail Uses:
1. Offices,financial services and clinics.
2. Child care centers.
Section 31. That Section 4.21(B)(3)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Lodging establishments.
2. Convenience shopping centers.
3. Standard restaurants.
4. Bed and breakfast establishments.
S. Clubs and lodges.
6. Health and membership clubs.
7. Neighborhood service centers as
defined/described in the Harmony Corridor
Plan.
8. Community shopping centers as
defined/described in the Harmony Corridor
Plan.
9. Regional shopping centers as
defined/described in the Harmony Corridor
Plan.
an" cW' e cad c s
Section 32. That Section 4.22(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Commercial/Retail Uses:
28
1. Offices, financial services and clinics.
2. Bars and taverns.
3. Veterinary facilities and small animal
clinics.
4. Clubs and lodges.
5. Parking lots and parking garages (as a
principal use).
6. Child care centers.
7. Plant nurseries and greenhouses.
8. Dog day-care facilities.
riii xc rap
Section 33. That Section 4.22(B)(3)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Standard and fast food restaurants.
2. Lodging establishments.
3. Bed and breakfast establishments.
4. Funeral homes.
5. Health and membership clubs.
6. Convenience shopping centers.
7. Artisan and photography studios and
galleries.
8. Veterinary hospitals.
• 9. Drive-in restaurants (only if located in a
convenience shopping center).
29
�N,m
1'0 �LOXL oit�ati co eu enfe%
.
Section 34. That Section 4.22(D)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Secondary Uses. The following permitted uses shall be
considered secondary uses in the E 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.
(j) Convenience shopping centers.
If single-family detached dwellings are provided, at least an
equivalent number of non-single-family detached dwelling
units shall also be provided.
Section 35. That Section 4.23(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Commercial/Retail Uses:
1. Offices, financial services and clinics.
2. Plumbing, electrical and carpenter shops.
30
. 3. Artisan and photography studios and
galleries.
4. Retail stores with vehicle servicing:
5. Vehicle minor repair, servicing and
maintenance establishments.
6. Vehicle major repair, servicing and
maintenance establishments.
7. Equipment, truck and trailer rental
establishments.
8. Parking lots and parking garages (as
principal use).
9. Plant nurseries and production greenhouses.
10. Health and membership clubs.
. 11. Veterinary facilities and small animal
clinics.
12. Clubs and lodges.
13. Frozen food lockers.
14. Enclosed mini-storage facilities.
15. Equipment rental without outdoor storage.
16. Gasoline stations.
17. Unlimited indoor recreational uses and
facilities.
18. Dog day-care facilities.
1 •:Pnts hops
Section 36. That the definition of"Convenience retail store, with fuel sales" in
Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read
as follows:
31
Convenience et ggroce.a Store-
shall mean a geaefal-retail store containing less than five thousand (5,000)square
feet of gross floor area (e*elodiag any P•e"n^ ea-Bel" which sells geaer�l
mer-ehaadise,—Mrya goods and services ate& . t may include, without
limitation, ready-to-eat food products, groceries, 0 unto
sundries-aa44e1.
Section 37. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Convenience stores with fuel
sales"to read as follows:
e eIt rer
s t e
uc
Section 38. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Development plan" to read as
follows:
J;(� dldf
en antto e anF
Section 39. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Development project" to read as
follows:
DeV
apphca le nevi d
levelgpmen nsfi th ;
s ,r n w
to izt�nCti6n.
ne `r a ro]ec ,hisn w � tl} o " hs nie s si ` r
devc+Y:mn 1peT$ J$ho Jectndep"t'pt$Wt ' awan!iw, afkrttw..�. } x
Section 40. That the definition of "Gasoline station" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Gasoline station shall mean any building, land area, premises or portion thereof,
where gasoline or other petroleum products or fuels are sold ands light
maintenance activities such as engine tune-ups, lubrication, minor repairs and
carburetor cleaning eremay Ja conducted. Gasoline station shall not include
premises where heavy automobile maintenance activities such as engine overhaul,
automobile painting and body fender work are conducted.
32
Section 41. That the definition of "Grocery store" in Section 5.1.2 of the Land
Use Code of the City of Fort Collins is hereby amended to read as follows:
Grocery store shall mean a retail establishment which primarily sells food, but
also may sell other convenience and household goods, and which occupies a space
of ve �s 1 tYg00 rid" "' � not more than twenty-five
thousand(25,000) square feet.
Section 42. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Print shop"to read as follows:
is t . of
es
fic
Section 43. That the definition of "Vehicle minor repair, servicing and
maintenance" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
Vehicle minor repair, servicing and maintenance shall mean MIMM any
�. .
. building, ara�a remises or portion thereof, where light maintenance activities
such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car
washing, detailing, polishing or the like are conducted.
Introduced, considered favorably on first reading, and ordered published in
summary form this 1st day of June, A.D. 1999, and be presented for final passage on the
15th day of June, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of June, A.D. 1999.
Mayor
ATTEST:
City Clerk
33
ATTACHMENT
March 11, 1998
MEMORANDUM
TO: Council Growth Management Committee
TH: John Fischbach, City Manager
Greg Byrne, Director of Community Planning and Environmental Services
Joe Frank, Advance Planning Department Director
FM: Ken Waido, Chief Planner
RE: Convenience Retail Stores, with Fuel Sales
ISSUES TO BE ADDRESSED:
i1. Should"Convenience retail stores, with fuel sales" as defined in the Land Use Code
(more popularly known to the general public as"convenience stores") be allowed to locate
in the MMN, Medium-Density Mixed-Use Neighborhood, Zoning District?
2. Where should convenience stores be allowed to locate in Fort Collins?
CONCLUSIONS:
1. Change the existing definitions of uses and add definitions within the Land Use Code for
the following uses:
A. Convenience grocery store (also known as convenience store).
B. Convenience grocery store with fuel sales (also known as convenience store with
fuel sales).
C. Gasoline station.
D. Grocery store.
E. Vehicle minor repair, servicing and maintenance.
2. Delete"Convenience retail stores, with fuel sales separated....." as a use allowed in the
MMN Zone.
3. Add "Convenience grocery stores, provided they are part of a neighborhood center....." as
an Administrative review use in the LMN, Low-Density Mixed -Use Neighborhood, Zone.
4. Keep "Convenience grocery stores with fuel sales, provided they are part of a
neighborhood center,....., and it is at least three-quarter(3/4) mile from another such use
or a gasoline station." as a Planning and Zoning Board review use in the LMN Zone.
The above conclusions were reached by staff after a review of existing policies in City Plan and
the definitions and uses allowed in the Land Use Code. It appears the intent of the Principles
and Policies was to have a Medium-Density Mixed-Use Neighborhood be the location for
increased residential density which would provide some of the population threshold necessary to
support the goods and services locating within a Neighborhood Commercial Center or
Community Center District. Part of the thinking was to identify where neighborhood commercial
and higher density residential uses would locate(be predictable) and to encourage alternative
modes of transportation(i.e., the one-quarter(1/4)"walking distance" size).
Since a Neighborhood Commercial Center was designed to"meet consumer demands from
surrounding residential Districts" it begs the question why does the Medium-Density Mixed-Use
Neighborhood also allow"neighborhood serving retail uses"? Staff believes this to be an
unnecessary duplication of uses. Also, if a Medium-Density Mixed-Use Neighborhood seems to
be limited to "small businesses with low traffic and viability needs" and "neighborhood serving
retail uses" why are convenience retail uses, with fuel sales allowed in the MMN Zone which are
uses with high traffic and viability needs and where more than 50% of their business comes from
an arterial street, not the adjacent residential neighborhood?
Basically, staff concluded that it was a mistake to include Convenience retail stores, with fuel
sales as a"neighborhood serving retail use" in a Medium-Density Mixed-Use Neighborhood. The
MMN Zone in the Land Use Code should be amended by deleting Convenience retail stores,
with fuel sales as an allowed use.
In reviewing the issue staff also concluded that some of the existing definitions need modification
since it could be argued that there is really no such use as a Convenience retail store, with fuel
sales. Such a use is a combination of a Grocery store and a Gasoline station.
PROPOSED DEFINITIONS
Convenience-r¢tail grt R&store withfhel sales jalsli know#t NO amen ears a S#vri?),;shall mean a
gene,a!retail store containing less than five thousand (5,000) square feet of gross floor area
(excluding any firelinS canopies) which sells general merchandise every itty goods and services
and wh clt may include, without limitation, ready-to-eat food products, convenience groceries
(milk;buffer;eggs,bread,etc:), over., e counter drugs n3 sundries rid$iel.
Cativernense gracery store with Duet sexles(alsa krtvrt as t vnvertrence stare wtth fuel salesl shalt
mean a convemence grocery store which tslso selt .gasolme Brother fuelproducGs'
Grocery store shall mean a retail establishment which primarily sells food but also may sell other
convenience and household goods, and which occupies a space of at feast five thousand
isgctare feet bu not more than twenty-five thousand (25,000) square feet.
Gasoline station shall mean any building, land area, premises or portion thereof, where gasoline
or other petroleum products or fuels are sold and/or light maintenance activities such as engine
tune-ups, lubrication, minor repairs and carburetor cleaning are'nay be conducted. Gasoline
station shall not include premises where heavy automobile maintenance activities such as engine
overhaul, automobile painting and body fender work are conducted.
Vehicle minor repair, servicing and maintenance shall mean the use of any building, WO
px7tses or portion thereof, where light maintenance activities such as engine tune-ups,
lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are
conducted. SLICh Use Shall not i1LUhide the sale of fitel, gasoline o, petloietITIT FloduCtS.
EXISTING LAND USE CODE USE
LMN Zone: Convenience retail stores with fuel sales, provided they are part of a neighborhood
center and are combined with at least one(1) other use listed in subparagraph(D)
(3) (c)below, and it is at least three-quarter(3/4) mile form another such use.
PROPOSED LAND USE CODE USE
Modify as follows:
LMN Zone: Convenience retail groeay stores with fuel sales, provided they are part of a
neighborhood center and are combined with at least one (1) other use listed in
subparagraph (D) (3) (c) below, and it is at least three-quarter (3/4) mile from
another such use, gasoltne statno .
Add: Con�retuence grot ery stores wtthout fuel sales,provrded.they are part of a
netgttbrrhaod t oriter and are combined witht:feast one DO thertse fisted;:fin
subparagraph�):(���c)belo4v:
EXISTING LAND USE CODE USE
Delete:
MMN Zone: Convenience retail stores with fuel sales separated at least three thousand nine
hundred sixty (3,960) feet (3/4 mile)the nearest convenience retail store.
ATTACHMENT
Spring 99 Unresolved Land Use Code Issues
i
Issue ID# Issue Name
Go Spring 99
129 Convenience Stores With Fuel Sales
173 Clarify What Is Meant By 3 Year Vesting After Final Approval: What If Only Part Of A Project Is Completed?Does
The Entire Project Expire?
184 Staff-initiated rezonings.
203 Require timely progress on projects
209 Define 'Print Shop'and add to the list of permitted uses in the appropriate districts.
210 Clarify front and side setback language in 3.5.2(D)so that it also clearly applies to accessory buildings.
211 Abandonment period for permitted uses in order to obtain property upgrades at time of re-occupancy
212 Change width of handicap parking stall to be consistent with ADA requirements.
214 Move"dog day-care"from the institutional/civic land use category in the Downtown District to the commercial land
use list
215 Need a definition in Article 5 of"Development Plan".
216 Change the rear setback of alley-accessed garages in order to be consistent with setback requirements found in the
. Engineering standards
217 Clarify under what circumstances alleys are permitted.
218 CCN Residential Development
226 Clarify"Principal Building" in the Big Box Standards
232 Review Process for Minor Change of Use Permits
238 Create a definition of"Development Project" for the Development Construction Permit
240 Clarify code criteria for warranty and bonding requirements for the construction of development projects.
246 Correct references to "Natural Habitats"
250 Change maximum residential density in the RF zone to be measured as gross,not net density.
252 Add "convention and conference center"to the list of pemritted uses in the Harmony Corridor and Employment
district.
255 Outdoor Cafe locations limited to sidewalks.
256 Clarify timing of re-zonings associated with Annexations and sub area plan implementation.
Wednesday,April 21,1999 Page 1 of 1
ATTACHMENT
Proposed May 1999 Land Use Code Revisions
Annotated Issue List
Issue ID# Issue Name
129 Convenience Stores With Fuel Sales
Problem Statement
Recent annexations have promoted an evaluation of a variety of issues surrounding how
"Convenience retail stores with fuel sales" are addressed in the Code. Specific issues
include:
A.Where should"Convenience retail stores with fuel sales"be allowed in Fort Collins?
Specifically,should these uses be allowed in the MMN zone?
B.Are the definitions relating to these uses clear and appropriate?
Proposed Solution Overview
The Land Use Code now allows Convenience retail stores in the MMN zone. Upon
detailed review of the City Plan Principles and Policies, staff is recommending that these
uses should not be permitted in this zone. Staff also recommends that a number of
clarifications be made to the various definitions related to these uses.
This issue was first brought forward for consideration last spring. However,some
property owners that had recently been placed into the MMN zone expressed concerns
that these changes represented a significant change in the permitted uses with in the
zone. These property owners requested that the changes not be made. However,
Council gave staff direction to delay implementation of these code revisions for one year
to give the affected property owners a period of time to complete any pending
transactions that may have been based on the assumption that C-stores with fuel sales
would continue to be permitted in the MMN zone.
Related Code Revisions
Ord.Section Code Cite Revision Effect
18 4.4(B)(3)(C)(1 Revise LMN zone Type 2 uses to include gas stations in C-stores
with fuel sales separation requirement.
19 4.5(B)(2)(C)(1 Delete C-stores with Fuel sales as a permitted use in the MMN
zone.
43 5.1.2 Revise the definition of"vehicle minor repair,servicing and
maintenance"
40 5.1.2 Revise definition of"gasoline station"
37 5.1.2 Add a new definition of"Convenience store with fuel sales"
36 5.1.2 Revise definition of"Convenience grocery store"
41 5.12 Revise definition of"Grocery store"
Wednesday,April 21,1999 Page I of 13
173 Clarify What Is Meant By 3 Year Vesting After Final Approval: What If Only Part Of A
Project Is Completed?Does The Entire Project Expire?
Problem Statement
Section 2.2.11(C)(4)provides for a three year vested right following the approval of a
final plan or other site specific development plan. Within this three year period,all
engineering improvements must be completed in accordance with City codes,rules and
regulations(engineering improvements are defined as water,sewer,streets,curb,gutter,
street lights,fire hydrants and storm drainage). Completion would be defined as the
acceptance of facilities by the City or the installation of facilities(street lights)by the
City. Extensions are provided for:two six month extensions can be granted by the
Director and unlimited extensions can be granted by the Planning and Zoning Board.
Review criteria for extensions are compliance with the General Development Standards
of Article 3 and the District Standards of Article 4.
Proposed Solution Overview
In reviewing this issue,it has been determined that the Code is clear about the process—
it provides a process for extensions,it states review criteria and it details how to proceed
if the vested rights period expires. No changes to the Land Use Code are suggested at
this time.
Related Code Revisions
Ord.Section Code Cite Revision ERect
0 No Code Changes reoeommended
184 Staff-initiated rezonings.
Problem Statement
Section 2.9.2 of the Land Use Code establishes a twice-a-year cycle for amending the
either the zoning map or the text of the Land Use Code. Except for the initial zoning of
annexed land,rezonings that accompany a subarea plan or a request to rezone land zoned
T—Transitional,all rezoning requests must follow this schedule. Over the last year,
there was an instance when it was deemed appropriate for staff to initiate rezonings.
With no specific guidance in the Code,it was determined that the process could proceed
outside the twice-a-year cycle. A determination needs to be made whether staff initiated
rezonings should follow the schedule established in the Land Use Code. If they are to be
exempt,appropriate changes to the Code should be made.
Proposed Solution Overview
While the Land Use Code does not differentiate between different types of rezoning
activities,it is clear that rezonings associated with subarea plans,requests for a rezone
from the Transitional zone district and zonings associated with annexations can be
processed at any time. Other than these,the Code did not anticipate any other rezonings
except during the twice annually rezone process. City staff should follow this schedule
as well. No changes to the Land Use Code are suggested at this time.
Related Code Revisions
Wednesday,April 21,1999 Page 2 of 13
. Ord.Section Code Cite Revision Effect
0 No Code Changes Recommended
203 Require timely progress on projects
Problem Statement
While the development review process is sometimes a lengthy procedure between
application and final approval,occasionally,applicants will elect not to actively pursue
projects that have been submitted or will make submittals prior to changes in regulations
only to let the application languish without significant progress. Because land use
regulations change and sub-area plans get adopted, it is desirable to process development
applications against the most current regulations possible. Those projects that have been
in the system an extended time will continue to be reviewed against the regulations in
effect at the time of submittal.
Proposed Solution Overview
The Land Use Code should be amended to include a provision for timely,continuous
progress on development applications. A new section should be included in Section
2.2.11 Lapse. This language could apply to existing projects in the development review
process by two mechanisms:
1.Beginning the time period at the time of the next comment letter from the City;or,
2. Resending the last comment letter with notification that the time period is being
• applied.
Related Code Revisions
Ord.Section Code Cite Revision Effect
4 2.2.11 Revise review process provisions to provide for laspe of
application submittals
209 Define"Print Shop" and add to the list of permitted uses in the appropriate districts.
Problem Statement
The LUC does not contain a definition for"print shop",nor does it allow the use
anywhere in the city. Copy businesses like Kinko's are generally retail in nature,as
opposed to commercial,are classified as"personal and business service shops", and are
allowed in numerous zones. The previous zoning code allowed print shops in the
commercial,employment and industrial zones. However,this"commercial"printing
operation use was overlooked when we adopted the LUC, and therefore,no new facilities
of this nature can be established in the city.
Proposed Solution Overview
The LUC should be amended by adding"print shop"as a permitted CommerciallRetail
use in the D(type 1),RDR(type 2),CC(type 1), CCN(type 1), CCR(type 1),C(type
1),CN(type I),NC(type 1), CL(building permit),HC(type 1),E(type 1), and I(type
1)districts. The addition of"print shop"in these districts satisfies the criteria in Section
1.3.4 of the LUC for adding uses.
• Wednesday,April 21, 1999 Page 3 of 13
The following definition should be added to Article 5:
Print shop shall mean an establishment in which the principal business is duplicating and
printing services using photocopy,blueprint,or offset printing equipment,including the
collating of booklets and reports.
Related Code Revisions
Ord.Section Code Cite Revision Effect
22 4.13(B)(3)(C) Add Print Shops as a permitted use in the RDR District
23 4.14(B)(2)(c) Add Print Shops as a permitted use in the CC District
24 4.15(B)(2)(c) Add Print Shops as a permitted use in the CCN District
25 4.16(B)(2)(c) Add Print Shops as a permitted use in the CCR District
26 4.17(B)(2)(c) Add Print Shops as a permitted use in the C District
27 4.1 B(B)(2)(c) Add Print Shops as a permitted use in the CN District
28 4.19(B)(2)(c) Add Print Shops as a permitted use in the NC District
29 4.20(B)(1)(c) Add Print Shops as a permitted use in the CL District
30 4.21(8)(2)(b) Add Print Shops as a permitted use in the HC District
32 4.22(B)(2)(b) Add Print Shops as a permitted use in the E District
35 4.23(B)(2)(b) Add Print Shops as a permitted use
42 5.1.2 Add definition of Print Shop to Article 5
210 Clarify front and side setback language in 3.5.2(D)so that it also clearly applies to
accessory buildings.
Problem Statement
Section 3.5.2(D)of the LUC establishes the minimum required setbacks for"all
residential buildings". It is clearly intended that these setbacks apply to principal
residential buildings and to accessory buildings that are incidental to a principal
building. However,the wording is such that it is unclear as to whether the setbacks that
apply to residential buildings also apply to accessory buildings such as garages and
storage sheds.
Proposed Solution Overview
The wording should be changed in order to clarify the intent of the setback regulations.
The term"residential building'should be expanded to state"residential building and
detached accessory building that is incidental to the residential building...".
Related Code Revisions
Ord.Section Code Cite Revision Effect
9 3.5.2(D) Clarify Residential Setbacks
Wednesday,April 21,1999 Page 4 of 13
211 Abandonment period for permitted uses in order to obtain property upgrades at time of re-
occupancy
Problem Statement
The LUC now contains a 12 month abandonment period that applies to nonconforming
uses and existing limited permitted uses. Should we also have an abandonment period
that applies to some permitted uses in order to be able to get property upgrades prior to
building re-occupancy? For example,a large retail establishment is a permitted use
along South College Avenue. A building that has recently been occupied by such a use
has been vacant for some time, and regardless of the length of the"abandonment"
period,no site upgrades can be required if the use does not change upon re-occupancy.
Meaning if a new large retail establishment moves into the building,no improvements
are required. Even if it sits vacant for 5 years,a new large retail establishment can start
up,and we currently have no ability to require anything. (However,the LUC does
contain provisions that require site upgrades if the use changes upon re-occupancy).
Proposed Solution Overview
An abandonment provision that applies to permitted uses would allow the City to obtain
property improvements. Suggested wording would be similar to the provision that
applies to nonconforming and limited permitted uses,except that a stipulation that the
regulation only applies to buildings that are more than 10 years old would be included.
This"10 year old"amortization provision is necessary in order to avoid possible
takings. Staff proposes to add a section to the Supplementary Regulations in Section
3.8 address these issues.
Related Code Revisions
• Ord.Section Code Cite Revision Effect
16 3.8.25 Add section establishing an abandonment period for limited
permitted uses.
212 Change width of handicap parking stall to be consistent with ADA requirements.
Problem Statement
The LUC requires that the stall width for a handicap parking stall be 12 feet. However,
the ADA requires a stall width of 13 feet.
Proposed Solution Overview
Staff proposes to amend Section 3.2.2(K)(5)(a) of the LUC to read revise the required
stall width.
Related Code Revisions
Ord Section Code Cite Revision Effect
6 3.2.2(K)(5)(a) Change width of handicap parking stall to be consistent with ADA
requirements.
214 Move "dog day-care" from the institutional/civic land use category in the Downtown
District to the commercial land use list
Problem Statement
Wednesday,April 21, 1999 - Page 5 of 13
Dog day-care facilities were added as a permitted use in numerous zones as
part of the December, 1998 Code change ordinance. This ordinance accidentally added
the use to the list of institutional/civic uses allowed in the Downtown District, instead of
to the list of commercial uses.
Proposed Solution Overview
Part B of the chart contained in Section 4.12(B)(2)of the LUC needs to be amended by
deleting Dog day-care facility,and Part C of this chart needs to be amended by adding
Dog day-care facility as a permitted Type 2 use in the Canyon Avenue and Civic Center
subdistricts. (The use in not permitted in the Old City Center sub-district).
Related Code Revisions
Ord.Section Code Cite Revision Effecr
20 4.12(B)(2) Revise Downtown District Permitted Use Chart to reflect
reclassification of dog day-care.
215 Need a definition in Article 5 of"Development Plan".
Problem Statement
While there are many references in the Land Use Code to"development plan,"there is
no definition. It is not clear if this refers only to approved plans that vest some form of
development rights or if it refers to any plan that gives an indication of the type of
development that may occur.
Proposed Solution Overview
A new definition should be added to Article 5 of the Land Use Code
Related Code Revisions
Ord.Section Code Cite Revision Effect
38 5.1.2 Add a new Definition of Development Plan
216 Change the rear setback of alley-accessed garages in order to be consistent with setback
requirements found in the Engineering standards
Problem Statement
Section 3.5.2(D)(3)of the LUC allows a minimum setback of 6 feet for alley-accessed
garages. However,the Engineering Department standards requires a minimum setback
of 8 feet in order to ensure that a car can"parallel'park in front of the garage without
encroaching into the alley.
Proposed Solution Overview
Staff proposes to amend Section 3.5.2(D)(3)of the LUC in order to require a minimum
setback of 8 feet,thereby eliminating the conflict.
Related Code Revisions
Ord.Section Code Cite Revision Effect
9 3.5.2(D)(3) Revise rear alley setbacks
Wednesday,April 21,1999 Page 6 of 13
• 217 Clarify under what circumstances alleys are permitted.
Problem Statement
Section 3.6.2(n(1)of the Land use Code now permits the use of public alleys in
residential areas but only in the following circumstances: when(1)they are necessary
and desirable to continue an existing pattern,or(2)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. The intent of
the language was to allow some public alleys to be used in certain limited circumstances.
City Plan encourages alleys and shared rear private drives as a way to get garages,
vehicles and trash cans off of the street. The existing Code does not.
Proposed Solution Overview
Staff proposes to specifically permit private drives in lieu of alleys in other kinds of
residential development. This will expand the opportunities to provide alley type access
within projects,without increasing public street maintenance costs.
Staff also proposes to allow private alleys to be "netted out"of the residential density
calculation in the same manner as public alleys This will extend the same incentive to
use of private alleys as now exists in the Code for public alleys.
Related Code Revisions
Ord.Section Code Cile Revision Effect
14 3.6.2(L) Revise provision regarding private drive to allow privately
maintained alleys.
218 CCN Residential Development
Problem Statement
The CCN district now contains a requirements that no more than 40%of the district be
developed in single family detached homes. The purpose of this requirement is to allow
a degree of residential development in the district,but to preserve the majority of the
land in the district for commercial and mixed use development. This district was
specifically developed to implement the North College Corridor Plan.
Some developers have expressed concerns that this kind of a regulation creates a
situation where a developer could begin to make expenditures to develop a project
application only to be preempted from being able to develop single family housing in the
district because a competing project might be sumitted for review and gain approval
first. These developers have asked that this issue be reviewed and that possible changes
to the Code be considered that would allow a property owner to develop a plan submittal
with the confidence that the proposal will not be preempted by competing development
projects.
Proposed Solution Overview
Staff is recommending that no changes be made to the Code in regard to this issue at this
time. Affected interests and property owners have other options to resolve problems
raised by this requirement. Staff proposed to re-evaluate this entire districts
requirements in the future once the truck route alignment is resolved.
• Wednesday,April 21,1999 Page 7 of 13
Staff evaluated options for revising the requirements of this zone to better reflect
expected conditions in the district and still effectively implement the North College
Corridor Plan. Staff notes that one of the alternative proposed truck route alignments
significantly impacts major parcels with in this district. Staff recommends that no
changes to this district be made until the issue of the truck route alignment is resolved
and the future conditions and characteristics of the land within this district are better
understood.
Staff has outlined to the developer who raised this concern how she could utilize the
newly revised Modifications to Standards procedure to request the Planning and Zoning
Board modify this requirement for her project. This procedure could allow the Planning
and Zoning Board to address the applicant's specific concern about being potentially
being preempted by competing development. This procedure will not minimize the time
and costs involved in getting the issue before the Planning and Zoning Board.
Related Code Revisions
Ord Section Code Cite Revision Effect
0 No Code Changes Recommended
226 Clarify"Principal Building" in the Big Box Standards
Problem Statement
Throughout Section 3.5.4,Large Retail Establishments,there are references to"principal
building." However,this term is not defined and its interpretation has resulted in
differences of opinion about which buildings this phrase refers to when discussing a
large retail development. The phrase is included in the Code because all big box stores
are required to locate in a development with four or more retail establishments and there
is no confusion about which building the specific requirement applies to.
Proposed Solution Overview
There are three possible solutions. First is to include a definition in Article 5. The
second is to clarify the term in the text of Section 3.5.4. Staff also recommends that the
term be replaced with the phrase"large retail establishment." This phrase is already
tightly defined in the Land Use Code. (It should be noted that the phrase"principal
building"is used in two other sections in Article 3: Plat General Requirements, Section
3.3.1 and the Supplementary Regulation section on Lots, Section 3.8.8)
Related Code Revisions
Ord.Section Code Cite Revision Effect
10 3.5.4(C)(1)(b) Change"principlal building"to"large retail establishment"
11 3.5.4(C)(2) Change"principlal building"to"large retail establishment"
12 3.5.4(C)(3) Change"principlal building"to"large retail establishment"
13 3.5.4(C)(4)(b) Change"principlal building"to"large retail establishment"
232 Review Process for Minor Change of Use Permits
Wednesday,April 21, 1999 Page 8 of 13
• Problem Statement
When a change of use is proposed for a building that was constructed as a use-by-right
under the old Code,the property is currently subject to either a Type 1 or Type 2 review
as required in Article 4 for the proposed use. If the property was developed after the
implementation date of the parking and landscape requirements of the old code(March
4, 1980), then there is the strong possibility that the site layout is in close compliance
with the requirements of the LUC since those regulations were basically"rolled over"
into the LUC. Therefore,a full blown Type 1 or 2 review will often result in few,if
any,physical changes to the site if the property was developed after 1980.
For example,the Kinko's building at 2834 S.College Avenue was constructed in 1985.
The parking and landscaping on the site is probably in compliance with the current code.
The use is now classified as a"business service use". If a retail store wants to occupy
the building after Kinko's relocates to their new building at Harmony Center,this
"change of use"would be required to be processed as a full blown Type 1 review
because retail stores in the C district are a Type 1 use. Therefore,the applicant will be
subject to a lengthy process that would probably result in few,if any,changes.
Similarly, a full blown Type 1 review would be required if the Park Planning Department
moves out of the City's office building at 281 N. College Avenue,and the City were to
lease that 1000 square feet of the building to a hair salon. The Type 1 review would be
required even though the remaining 25,000 square feet of the building remains as office
use,and the review for 281 N.College would probably result in no changes to the site!
However,if these properties had been developed as a PUD or as some sort of
administrative site plan review like the old"IL Site Plan Review", instead of as a use-by-
right, then the proposed changes from'business service to retail'and from.'office to
office/hair salon'could be processed as a minor amendment per Section 2.2.10 of the
LUC. Staff routinely reviews such requests for changes of use in PUD's and
administrative site plans, and that process is fairly inexpensive and takes about 1 week.
The minor amendment process allows staff to review the site and to require upgrades as
necessary.
Proposed Solution Overview
hi order to eliminate the need to require expensive and lengthy review processes for non-
significant changes of use,it is recommended that the minor amendment process in
Section 2.2.10 be expanded to include Building Permit review and use-by-right
developments. The revision would allow for such developments to enjoy the same
expedited review that applies to other types of development. The applicant could
propose the change of use and staff would review it for compliance with the Code.
Deficiencies such as inadequate landscaping can be required to be upgraded as a
condition of approval,and documentation regarding such things as traffic and storm
water impacts can also be required,as they are now for those applications that are
currently allowed to request minor amendment review for changes of use. The
application can be approved,approved with conditions,or denied. In the event of a
denial,the applicant would then have to process the change of use pursuant to the
required Type 1 or Type 2 review.
Related Code Revisions
Ord,Section Code Cire Revision Effect
3 2.2.10(A)(1) Allow minor amendment process to be used on minor change of
use projects.
• Wednesday,April 21, 1999 Page 9 of 13
238 Create a definition of"Development Project" for the Development Construction Permit
Problem Statement
We need to define what constitutes a Development Project in the context of the
Development Construction Permit. When a project is phased,each phase should be
considered a Development Project.
Proposed Solution Overview
The following definition shall be added to Article 5, Section 5.1.2:
Development project shall mean a project that has been reviewed by the applicable city
review process and has been approved and is ready for development construction to
begin. For the purposes of the Development Construction Permit and its related
requirements,bonds,warranties and fees,if such a project has defined phases,then each
phase shall be considered a development project independent from the other phases.
Related Code Revisions
Ord.Section Code Cite Revision Effect
39 5.1.2 Add a definition of Development Project
240 Clarify code criteria for warranty and bonding requirements for the construction of
development projects.
Problem Statement
In applying newly adopted warranty and bonding requirements for development projects,
we found that some wording changes are needed to clarify the application of the
warranty and the type of security posted. In addition, an optional method is needed for
getting the owner's agreement to warranty requirements. Currently the code requires that
warranty language be on the plat. However,a plat is not required for every project.
Also, if work is located outside the plat boundary,notation on the plat does not cover the
total requirement.
Proposed Solution Overview
The Land Use Code should be amended to add clarifying language and include the
option to use the development agreement to secure the developer's agreement to the
warranty requirements. The proposed code changes are to Sections 3.3.1(C)and
3.3.2(C)of the Land Use Code.
Related Code Revisions
Ord.Section Code Cite Revision Effect
1 2.2.3(C)(3) Reference appreciate plat requirements to implement Choice
Streets warrantee requirements
7 3.3.1(C) Clarify code criteria for warranty and bonding requirements for the
construction of development projects.
8 3.3.2(C) Clarify code criteria for warranty and bonding requirements for the
construction of development projects.
Wednesday,April 21,1999 Page 10 of 13
246 Correct references to "Natural Habitats"
Problem Statement
Cross references from other parts of the Code need to be updated to reflect the new term
"natural habitat"that is used instead of"natural area"in connection with the natural
resource protection standards contained in 3.4.1 of the Code.
Proposed Solution Overview
Staff proposes to revise all affected cross references.
Related Code Revisions
Ord.Section Code Cite Revision Effect
5 2.3.2(H)(6) Fix reference to Natural habitats in ODP review criteria
15 3.8.18(B)(1)(b Fix reference to Natural Habitats in the residential density
calculation methods.
250 Change maximum residential density in the RF zone to be measured as gross,not net
density.
Problem Statement
The Land Use Code utilizes two different measures of residential density(gross and net
density)in order to provide an incentive to developers to respond to certain City Plan
goals. In general, if a developer is seeking to minimize density,then the use of a net
density measure can be an incentive for the developer to include things in the project that
qualified to be"netted out'. However, if the developer is seeking higher densities,then
the use of net density becomes a disincentive to protect or provide those same features.
The Residential Foothills(RF)zone includes an option to have higher densities if
development is clustered. However,the existing code language defines the permitted
density allowed through this option on the basis of net density. This has the unintended
effect of providing a disincentive for using the cluster development option in this zone.
Proposed Solution Overview
In order to provide the intended incentive for cluster development, staff proposes to
change the basis of the density measure for the RF zone cluster development criteria to
be based on gross density,not net density.
Related Code Revisions
Ord Section Code Cite Revision Effect
17 4.2(E)(2)(b) Revise RF zone cluster development criteria to use gross density.
252 Add "convention and conference center" to the list of permitted uses in the Harmony
Corridor and Employment district.
Problem Statement
A convention and conference center is defined as"a facility used for business or
professional conferences and seminars, often with accomodations for sleeping, eating
and recreation." This use is currently allowed only in the Downtown district. Staff has
Wednesday,April 21, 1999 page 11 of 13
recently been approached about the possibility of such a use locating in the Harmony
Corridor. That request resulted in an examination of the adopted Harmony Corridor
Plan to determine the appropriateness of the use in the TIC district.
Proposed Solution Overview
A convention and conference facility would be an appropriate use in the Harmony
Corridor. Such a facility would compliment the numerous motels,office parks, and
industrial uses in the area by providing a supporting use offering a location for corporate
seminars,conferences,trade shows,and other events. Staff believes that this type of use
complies with the Harmony Corridor Land Use Standards and Guidelines and should be
added to the list of permitted uses. The addition of the use satisfies the criteria in Section
1.3.4 of the LUC for adding uses,and it is recommended that the use be allowed as a
Type 2 use,subject to Planning&Zoning Board review. (A separate ordinance will
also be required to amend the Harmony Corridor Plan by adding the use to the list of
permitted secondary uses).
Section 4.21(B)((3)(c)should be amended by adding"Convention and conference
center"to the list of Type 2 uses.
Related Code Revisions
Ord Section Code Or Revision Effect
31 4.21(B)(3)(c) Add'convention and conference center"as a permitted use in the
HC district.
33 4.22(B)(3)(c) Add"convention and conference center"as a permitted use in the
E district
34 4.22(D)(2) Add"convention and conference center'as to the list of
secondary uses in the E district
255 Outdoor Cafe locations limited to sidewalks.
Problem Statement
Proposed Solution Overview
Related Cade Revisions
Ord.Section Code Cite Revision Effect
21 4.12(E)(3)(b) Allow outdoor cafes to locate on rooftop and balconies.
256 Clarify timing of re-zonings associated with Annexations and sub area plan
implementation.
Problem Statement
The existing Code only allows re-zoning to take place twice a year. However,it has
been the cities practice to re-zone land upon annexation. Implementation of sub-area
plans also requires re-zonings. Staff does not believe that it is practical or in the public
Wednesday,April 21, 1999 Page 12 of U
interest to require that these kinds of re-zonings be limited to the same twice a year
schedule as other re-zoning actions.
Proposed Solution Overview
Staff proposes to revise the Code language that relates to the timing of re-zonings to
exempt re-zonings associated with annexations or sub-area plan implementation from the
twice a year limitation.
Related Code Revisions
Ord.Section Code Cite Revision Effect
2 2.9.2 Clarify timing of re-zonings associated with Annexations and sub
area plan implementation.
•
Wednesday,April 21, 1999 Page 13 of 13
• s �
Proposed Spring 1999 Land Use Code Revisions
Annotated Ordinance Index
Ord.Section# Code Cite Revision Effect Issue
0 No Code Changes Recommended CCN Residential Development
0 No Code Changes receommcnded Clarify What Is Meant By 3 Year Vesting After Final Approval:
What If Only Part Of A Project Is Completed?Does The Entire
Project Expire?
0 No Code Changes Recommended Staff-initiated rezonings.
I 2.23(Cg3) Reference appreciate plat requirements to implement Clarify code criteria for warranty and banding requirements for
Choice Streets warrantee requirements the construction of development projects.
2 2.9.2 Clarify liming of re-zonings associated with Annexations Clarify timing of re-zonings associated with Annexations and sub
and sub area plan implementation. area plan implementation.
3 2.2.10(A)(1) Allow minor amendment process to be used on minor Review Process for Minor Change of Use Permits
change of use projects.
4 2.2.11 Revise review process provisions to provide for Iaspe of Require timely progress on projects
application submittals
5 2.3.2(H)(6) Fix reference to Natural habitats in ODP review criteria Correct references to"Natural Habitats"
6 3.2.2(K)(5xa) Change width of handicap parking stall to be consistent Change width of handicap parking stall to be consistent with D
with ADA requirements. ADA requirements. —{
? 3.3.1(C) Clarify code criteria for warranty and bonding Clarify code criteria for warranty and bonding requirements for 0
requirements for the construction of development projects. the construction of development projects. _
9
g 3.3.2(C) Clarify code criteria for warranty and bonding Clarify code criteria for warranty and bonding requirements for m
requirements for the constmetion of development projects. the construction of development projects. ,Z,I
A
Wednesday,April 21,1999 Pagel of4
Ord.Section# Code Cite Revision Effect Issue
9 3.5.2(D) Clarify Residential Setbacks Clarify front and side setback language in 3.5.2(D)so that it also
clearly applies to accessory buildings.
9 3.5.2(D)(3) Revise rear alley setbacks Change the rear setback of alley-accessed garages in order to be
consistent with setback requirements found in the Engineering
standards
10 3.5.4(C)(I)(b) Change"principlal building'to"large retail establishment" Clarify"Principal Building"in the Big Box Standards
I I 3.5.4(C)(2) Change"principlal building"to"large retail establishment" Clarify"Principal Building'in the Big Box Standards
12 3.5.4(C)(3) Change"principlal building"to"large retail establishment" Clarify"Principal Building'in the Big Box Standards
13 3.5.4(C)(4)(b) Change"principlal building'to"large retail establishment" Clarify"Principal Building"in the Big Box Standards
14 3.6.2(L) Revise provision regarding private drive to allow Clarify under what circumstances alleys are permitted.
privately maintained alleys.
15 3.8.18(B$I)(b) Fix reference to Natural Habitats in the residential density Correct references to"Natural Habitats"
calculation methods.
IG 3.8.25 Add section establishing an abandonment period for Abandonment period for permitted uses in order to obtain
limited permitted uses. properly upgrades at time of re-occupancy
17 4.2(E)(2)(b) Revise RF zone cluster development criteria to use gross Change maximum residential density in the RF zone to be
density. measured as gross,not net density.
18 4.4(B)(3XC)(1) Revise LMN zone Type 2 uses to include gas stations in C- Convenience Stores With Fuel Sales
stores with fuel sales separation requirement.
19 4.5(B)(2)(C)(1) Delete C-stores with Fuel sales as a permitted use in the Convenience Stores With Fuel Sales
MMN zone.
20 4.12(B)(2) Revise Downtown District Permitted Use Chart to reflect Move"dog daycare"from the institutional/civic land use
reclassification of dog daycare. , category in the Downtown District to the commercial land use list
21 4.12(E)(3)(b) Allow outdoor cafes to locate on rooftop and balconies. Outdoor CafB locations limited to sidewalks.
Wednesday,April 21,1999 Page 2 of4
Ord.Section# Code Cite Revision Effect Issue
22 4.13(B)(3)(C) Add Print Shops as a permitted use in the RDR District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
23 4.14(B)(2)(c) Add Print Shops as a permitted use in the CC District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
24 4.15(B)(2)(c) Add Print Shops as a permitted use in the CCN District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
25 4A6(Bx2)(c) Add Print Shops as a permitted use in the CCR District Define"Print Shop'and add to the list of permitted uses in the
appropriate districts.
26 4A7(B)(2x c) Add Print Shops as a permitted use in the C District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
27 4.18(B)(2)(c) Add Print Shops as a permitted use in the CN District Define"Print Shop'and add to the list of permitted uses in the
appropriate districts.
28 4.19(B)(2)(c) Add Print Shops as a permitted use in the NC District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
29 4.20(B)(1)(c) Add Print Shops as a permitted use in the CL District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
30 4.21(13)(2)(b) Add Print Shops as a permitted use in the I IC District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
31 4.21(13)(3)(c) Add"convention and conference center'as a permitted Add"convention and conference center"to the list of permitted
use in the HC district. uses in the Harmony Corridor and Employment district.
32 4.22(B)(2x b) Add Print Shops as a permitted use in the E District Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
33 4.22(B)(3)(c) Add"convention and conference center'as a permitted Add"convention and conference center"to the list of permittedI,
use in the E district. uses in the Harmony Corridor and Employment district.
34 422(D)(2) Add"convention and conference center'as to the list of Add"convention and conference center"to the list of permitted
secondary uses in the E district uses in the Harmony Corridor and Employment district.
Wednesday,April 21,1999 Page 3 of
Ord.Section# Code Cite Revision Effect Issue
35 4.23(D)(2)(b) Add Print Shops as a permitted use Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
36 5.1.2 Revise definition of"Convenience grocery store" Convenience Stores With Fuel Sales
37 5.1.2 Add a new definition of"Convenience store with fuel Convenience Stores With Fuel Sales
sales"
38 5.1.2 Add a new Definition of Development Plan Need a definition in Article 5 of"Development Plan".
39 5.1.2 Add a definition of Development Project Create a definition of"Development Project"for the
Development Constmction Permit
40 5.1.2 Revise definition of"gasoline station" Convenience Stores With Fuel Sales
41 5.12 Revise definition of"Grocery store" Convenience Stores With Fuel Sales
42 5.1.2 Add definition of Print Shop to Article 5 Define"Print Shop"and add to the list of permitted uses in the
appropriate districts.
43 5.1.2 Revise the definition of"vehicle minor repair,servicing Convenience Stores With Fuel Sales
and maintenance"
Wednesday,April 21,1999
Page 4 of 4