The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/01/2005 - FIRST READING OF ORDINANCE NO. 015, 2005, MAKING V ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: February 1, 2005 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss Ted Shepard SUBJECT First Reading of Ordinance No. 015, 2005, Making Various Amendments to the Land Use Code. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY On December 7, 2004 during consideration of First Reading of the Fall 2004 Land Use Code revisions, and again on December 21 during Second Reading, Council voted to conditionally allow drive-in restaurants in the N-C zone, subject to the establishment of design standards. Since that time, staff has worked closely with a potential applicant, a local franchisee of a national chain restaurant, to craft a set of design standards. The design standards are intended to balance the permitting of the use with the desire to ensure neighborhood compatibility. The Planning and Zoning Board voted 6-0 at its January 20, 2005 meeting to recommend approval of the design standards for drive-in restaurants in the N-C zone. City Council also approved specific Code amendments on December 21, 2004 that further restrict the minimum lot frontage requirements for buildings constructed side-by-side within the Neighborhood Conservation Medium Density (NCM) and Neighborhood Conservation Buffer (NCB)zone districts. Upon further review of these approved Code changes,it was determined that text changes suggested by staff at the hearing did not accurately capture the direction given by the Council. Therefore, staff is proposing revised language that will more accurately extend the limitation on "skinny houses" to all uses. ORDINANCE NO, 015 , 2005 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 , 19971 by Ordinance No. 51 , 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues ; and WHEREAS , the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the City and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows : Section 1 . That Section 3 .2 .4(C) of the Land Use Code is hereby amended to read as follows : (C) Lighting Levels. With the exception of lighting for public streets and private streets, all other project lighting used to illuminate buildings, parking lots, walkways, plazas or the landscape, shall be evaluated during the development review process. The following chart gives minimum and, for under-canopy fueling areas, maximum lighting levels for outdoor facilities used at night. Area/Activi * Foot-candle Building surrounds (nonresidential) 1 . 0 Bikeways along roadside Commercial areas 0.9 Intermediate areas 0.6 Residential areas 0.2 Walkways along roadside 0.9 Commercial areas 0.6 Intermediate areas 0.5 Area/Activi * Foot-candle Residential areas Park walkways 0.5 Pedestrian stairways 0.3 Loading and unloading platforms 5 .0 Parking areas 1 .0 Playground 5 .0 Under-canopy £nelnngarea (average maintained 20.0 maximum) Under-canopy fueling area (initial installation 26.0 maximum) *Illuminating Engineering Society (IES) Lighting Handbook Section 2 . That Section 4. 7(E)( 1 ) of the Land Use Code is hereby amended to read as follows : ( 1 ) Minimum lot width shall be forty (40) feet for all permitted uses, except that when more than one ( 1 ) principal building is constructed on the saine lot side-by-side along the street front, thC. mininntm lot width shall be (40) feet for each such building. The iniffinmin lot widdi for aff other uses shall be fifty (50)) feeteach single-family and two-family dwelling and fifty (50) feet for all other uses . If more than one ( 1 ) principal building is proposed to be constructed side-by-side on the same lot, then each such principal building must have at least forty (40) feet of street frontage for single-family and two-family dwellings, and at least fifty (50) feet of street frontage for all other uses . Section 3 . That Section 4. 8(D)(6)(a) of the Land Use Code is hereby amended to read as follows : (a) Minimum lot width shall be forty (40) feet for afl permited uses, except that when more than one ( 1 ) side-by- side , width shall be forty (40) f=t for each stte bingeach single-family and two-family dwelling and fifty (50) feet for all other uses . The minimum lot width for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue shall be eighty-five (85) feet. If more than one ( 1 ) principal building is proposed to be constructed side-by-side on the same lot, then each such principal building must have at least forty (40) feet of street frontage for single-family and two- family dwellings, and at least fifty (50) feet of street frontage for all other uses . Section 4. That Section 4 . 19(B)(3 )(c) of the Land Use Code is hereby amended as follows : 1 . Supermarkets 2 . Nightclubs 3 . Bars and taverns . 4 . Entertainment facilities and theaters . 5 . Drive-in restaurants (without drive- through facilities) ' This subsection 5 will becomr, effective only uport the adoption by the eouncii of design standards in the hand use eode goveming the development of such drive- in resta-urants and this subsection 5 shall not be published in the Land use eode until 5rch time Section 5 . That Section 4 . 19(E) of the Land Use Code is hereby amended by the addition of a new subparagraphs (3 ) and (4) which reads in its entirety as follows : (3 ) Canopies (a) and made an integral part of the main building and shall not be freestanding. (b) Free-standing secondary canopies and shade structures that are detached from the building, if any, shall be designed with a pitched roof, or have the appearance of a pitched roof through a false mansard or parapet, to match the primary canopy and relate to the neighborhood character. (c) All canopies shall be designed with a shallow-pitched roof, false mansard or parapet that matches the building. Such roofs , false mansards or parapets shall be constructed of traditional roofing materials such as shingles or cementious, clay or concrete tiles, or standing seam metal in subdued, neutral colors in a medium value range . The colors shall be designed to relate to other buildings within the commercial center. (e) Canopy fascias and columns shall not be internally illuminated nor externally illuminated with neon or other lighting technique, nor shall canopy fascias or columns be accented, striped, or painted in any color except that of the predominant building exterior color. (f) There shall be no advertising, messages, logos or any graphic representation displayed on the canopy fascias or columns associated with drive-in restaurants, financial services and retail stores . This prohibition shall not apply to canopies for covering the retail dispensing or sale of vehicular fuels [see Section 3 . 8 . 7(E)( 13)] . (g) Under-canopy lighting shall be fully recessed with flush- mount installation using a flat lens . There shall be no spot lighting. (4) Drive-in Restaurants (a) There shall be an indoor dining component that features tables and chairs and not merely a walk-up counter, sufficient to serve year-round walk-in trade for bicyclists and pedestrians . (b) The dining room entrance shall be the main identifiable entrance as viewed from the nearest public street. There shall be one or more direct walkway connections that tie the dining room/main entrance back to the interior of the center with logical points of origin and destination. (c) Buildings shall not contain unusual forms or components such as, but not limited to, spires, arches, figures, statuettes, raised pylons, food product imitations, A-frame roofs, or other pseudo-structural elements . (d) Individual menu boards for car stalls shall be sufficiently screened so they are not visible from public streets . (e) Roof design shall not consist of unusual projections or other features that are disproportionate to the balance of the building and the roof design theme of the commercial center. (f) Signs shall be posted in conspicuous locations requiring that idling engines shall be shut off. Introduced and considered favorably on first reading this 1st day of February, A.D . 2005 , and to be presented for final passage on the 15th day of February, A.D . 2005 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of February, A. D . 2004 . Mayor ATTEST : City Clerk