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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2005 - SECOND READING OF ORDINANCE NO. 070, 2005, MAKING ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: July5, 2005 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Second Reading of Ordinance No. 070, 2005, Making Various Amendments to the City of Fort Collins Land Use Code. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Staff has identified a variety of proposed changes,additions and clarifications in the Spring biannual update of the Land Use Code. On May 19, 2005, the Planning and Zoning Board considered the proposed changes and voted 6-0 to recommend approval of the proposed changes to City Council. The Board then voted 5-1 to recommend to Council that staff be directed to reexamine the neighborhood compatibility criteria related to Small Scale Reception Centers. Ordinance No 070, 2005, was unanimously adopted on First Reading on June 7, 2005. The Ordinance has been slightly amended since First Reading. A memo explaining the change is attached. MEMORANDUM TO: Mayor and Members of City Council FROM: Peter Barnes, Zoning Administrator Ted Shepard, Chief Planner DATE: June 22, 2005 RE: Revision between First and Second Reading to Ordinance No. 070, 2005 City Council approved Ordinance No. 070, 2005 on first reading on June 7, 2005. This ordinance makes various amendments to the Land Use Code. Section 4 of the ordinance enacts a change to the manner in which mulit-parcel enclave annexations that contain illegal county uses are dealt with. Specifically, the last sentence of the proposed amendment approved on first reading states: "If a property which contains a use that is not permitted by the county is included in such multi- parcel enclave annexation, and such property is placed in a zone district that does not allow the use within the city, such illegal use must be discontinued within two (2) years from the date of the second reading of the annexation ordinance." Staff recommended the two year amortization period for illegal uses as a fair and reasonable timeframe in which to allow the illegal use to be abated once the property is in the city. The properties in the enclave are usually the subject of an involuntary annexation, and to require the use to cease upon annexation can create difficulties for the owner who may have been allowed to conduct the use for years due to lack of any County enforcement action. The proposed amendment that was approved on first reading does not take into account any situations where Larimer County may have initiated an enforcement action to correct an illegal use prior to annexation. Allowing a two year amortization in those instances could result in negating County actions that may have been taken to resolve violations of concern to nearby properties. For instance, if the County is enforcing against an illegal use and has established December 1, 2005 as a deadline for compliance, neighboring property owners will be expecting the violation to be corrected by that date. However, as currently worded on first reading, if the property is annexed on November 30, 2005, one day prior to the County deadline, the violation will have until two years from the date of annexation to come into compliance. This would result in an automatic deadline extension of 24 months, and some unhappy neighbors. In order to ensure that any previously established abatement deadlines are honored, staff recommends adding some clarification language on second reading as follows: "If a property which contains a use that is not permitted by the county is included in such multi- parcel enclave annexation, and such property is placed in a zone district that does not allow the use within the city, such illegal use must be discontinued within two (2) years from the date of the second reading of the annexation ordinance or, if such illegal use is the subject of a County initiated zoning or nuisance enforcement action, then within the time established as a result of such enforcement action, whichever occurs first." ORDINANCE NO , 070, 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 , 1997 , by Ordinance No . 51 , 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the 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 2 .2 . 7(C) of the Land Use Code is hereby amended to read as follows : (C) Order of Proceedings at Public Hearing. The order of the proceedings at the public hearing shall be as follows : ( 1 ) Staff Report Presented. The Director shall present a narrative and/or graphic description of the development application. The Director shall present a Staff Report which includes a written recommendation. This recommendation shall address each standard required to be considered by this Land Use Code prior to approval of the development application. (2) Applicant Presentation. The applicant shall present any relevant information the applicant deems appropriate . Copies of all writings or other exhibits that the applicant wishes the decision maker to consider must be submitted to 1 the Director no less than five (5) working days before the public hearing. (3) Staff Response to Applicant Presentation. The Director, the City Attorney and any other City staff member may respond to any statement made or evidence presented by the applicant. (4) Public Testimony. Relevant public testimony shall be heard. (5) Applicant Response. The applicant may respond to any testimony or evidence presented by the public . (6) Staff Response to Public Testimony or Applicant Response. The Director, the City Attorney and any other City staff member may respond to any statement made or evidence presented by the public testimony or by the applicant's response to any such public testimony. Section 2 . That Section 2 . 8 . 2 (G) of the Land Use Code is hereby amended to read as follows : (G) Step 7(A) (Decision Maker) : Applicable, and in explanation thereof and in addition thereto, if an application for a modification of standards pertains to a development plan which is subject to administrative review, the Director shall be the designated decision maker, except that, at the option of the applicant, the application may be considered by the Planning and Zoning Board; and if an application for a modification of standards pertains to a development plan which is subject to Planning and Zoning Board review, the Planning and Zoning Board shall be the designated decision maker. If the application is for a modification of standards pertaining to a development plan previously approved under prior law or not yet filed, the Director shall determine whether such development plan would have been, or will be, subject to administrative review or Planning and Zoning Board review and shall identify the decision maker accordingly. In all cases, the decision maker shall review, consider and approve, approve with conditions or deny an application for a modification of standards based on its compliance with all of the standards contained in Step 8 . 2 Section 3 . That Section 2 . 8 .2(K) of the Land Use Code is hereby amended to read as follows : (K) Step 11 (Lapse) : All Modifications of Standards which apply to a pending development plan or a development plan which is timely filed in accordance with the provisions of Section 2 . 8 . 1 shall be valid in accordance with the lapse provisions contained in Section 2 .2 . 11 , All Modifications of Standards which apply to a development plan which has not been filed in accordance with the provisions of Section 2 . 8 . 1 shall be valid for a period of time not to exceed one ( 1 ) year following the determination of the decision maker on the request for the proposed modification. Section 4 . That Section 2 . 12 .4 of the Land Use Code is hereby amended to read as follows : 2 . 12 . 4 Annexation of Uses Not Legally Permitted Except as is provided below, any use that exists on a separately owned parcel outside the city and that is not legally permitted by the county must cease and be discontinued before the City Council adopts, on second reading, an annexation ordinance annexing any such property except as provided herein. In the event that a property containing a use that is not legal pursuant to county regulations is proposed to be annexed into the city and placed into a zone district wherein such use is a permitted use, said use must be reviewed and processed as set forth in Article 4 (i. e. , Type 1 review or Type 2 review) for the zone district in which the land is proposed to be located, and shall comply with the applicable standards contained in Articles 3 and 4 . A development application for such review must be filed with the city within sixty (60) days following the date of second reading of the annexation ordinance . Such use shall be temporarily permitted for a period not to exceed six (6) months following the date of second reading of the annexation ordinance. In the event that the development application is not approved within said six-month period, then the use shall be discontinued within thirty (30) days following the date of the decision of denial or expiration of said six-month period, whichever first occurs, except that the Director may grant one ( 1 ) extension of the foregoing six-month requirement, which extension may not exceed three (3 ) months in length. In the event that the development application is approved, then such use shall be brought into full compliance with this Land Use Code and the decision made thereunder by the decision maker within sixty (60) days following the date of the decision. In the event that a use which is not permitted by the county exists on any property that is included in an enclave annexation consisting of more than 3 one ( 1 ) separately owned parcel, the above-described development process shall apply only if such property is placed in a zone district wherein such use is a permitted use. If a property which contains a use that is not permitted by the county is included in such multi-parcel enclave annexation, and such property is placed in a zone district that does not allow the use within the city, such illegal use must be discontinued within two (2) years from the date of the second reading of the annexation ordinance, or if such illegal use is the subject of a county initiated zoning or nuisance enforcement action, then within the time established as a result of such enforcement action, whichever occurs first. Section 5 . That Section 3 .2 .2(K)(5)(d) of the Land Use Code is hereby amended to read as follows : (d) Each parking lot shall contain at least the minimum specified number of handicap spaces as provided in the table below. Regardless of the number of handicap spaces required, at least one ( 1 ) such space shall be designated as a van accessible space, and must be a minimum of eight (8) feet wide and adjoin a minimum eight-foot-wide access aisle. Section 6 . That Section 3 . 3 . 3 (A) of the Land Use Code are hereby amended to read as follows : (4) all measures proposed to eliminate, mitigate or control water hazards related to flooding or drainageways have been approved by the Water Utilities General Manager. Section 7 . That Section 3 . 5 . 1 (G)( 1 )(c) of the Land Use Code is hereby amended to read as follows : (c) Modification of Height Limits. To provide flexibility in meeting the height limits contained in Article 4 of this Land Use Code, such height limits can be either increased or decreased by the decision maker in the development review process for the following purposes : 4 Section 8 . That Section 3 . 5 .2(B) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows : (4) The enforcement procedure for this standard shall be in accordance with Section 3 . 8 . 15 . Section 9 . That Section 3 . 8 . 3 ( 11 ) of the Land Use Code is hereby amended to read as follows : ( 11 ) A home occupation shall be permitted only after the owner or inhabitant of the dwelling in which such occupation is conducted has obtained a home occupation license from the city. The fee for such a license shall be the fee established in the Development Review Fee Schedule, and the term of such license shall be two (2) years . At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional fee . If the city is conducting an investigation of a violation of this Code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previous license shall continue during the period of investigation. Section 10 . That Section 3 . 8 . 8 of the Land Use Code is hereby amended to read as follows : (A) Area and Width. No part of an area or dimension required for a lot to comply with the provisions of this Land Use Code shall be included as an area or dimension required for another lot, nor shall such required area or dimension be burdened by any easement for an abutting private street or private drive that provides access to the lot or to any other lot. Private driveways on the lot may be included in the lot area. Where a minimum lot area square footage is otherwise required by this Land Use Code, said minimum lot area shall be required for each principal building located on any one ( 1 ) lot. Section 11 . That Section 3 . 8 . 17(A)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph (c) which reads in its entirety as follows : s (c) A maximum vertical height of twelve ( 12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts : U-E; R-F ; R-L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B ; R-C; C- C-N; N-C ; and H-C . Section 12 . That Section 3 . 8 .27(F) of the Land Use Code is hereby amended to read as follows : (F) Access. Vehicular access to the reception center shall be only directly from an arterial street so as to not add traffic to existing local neighborhood streets . Section 13 . That Section 4. 1 (E)(2)(d) of the Land Use Code is hereby amended to read as follows : (d) Building envelopes shall be identified on the cluster development, and the residential building setbacks, lot width and lot size shall conform to Section 3 . 5 .2(D) . The maximum residential building height shall be two and one-half (2 . 5) stories . Section 14 . That Section 4 .20(B)(2) of the Land Use Code shall be amended by the addition of a new subparagraph (e) which reads in its entirety as follows : (e) Industrial Uses . 1 . Outdoor storage facilities consisting only of the storage of vehicles which are towed to the premises and temporarily stored until such vehicles are claimed by the vehicle owners or moved to an auction or junk yard or other similar disposal site, provided that such faciltities are located at least thirty-five (35 ) feet from the flow line of all abutting arterial streets . Section 15 . That the definition "Lot size" contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows : Lot size shall mean the amount of horizontal (plan view) land area within lot lines . (See Sectioin 3 . 8 . 8) 6 Section 16 . That the definition "Native vegetation" contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows : Native vegetation shall mean any plant identified in Fort Collins Native Plants : Plant Characteristics and Wildlife Value of Commercial Species, prepared by the city's Natural Resources Department, updated February 2003 . Section 17 . That the definition "Natural area" contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows : Natural area shall mean all areas shown as "natural areas" on the city's Parks & Natural Areas Map or the Natural Habitats and Features Inventory Map. Any land that qualifies as a "wetland" pursuant to the Federal Clean Water Act shall also be deemed a natural area, in addition to the areas designated as wetlands on the city's Natural Habitats and Features Inventory Map. Any land area that possesses such characteristics as would have supported its inclusion on the Natural Habitats and Features Inventory Map, if such area is discovered during site evaluation and/or reconnaissance associated with the development review process, shall also be deemed a natural area as provided in Section 3 .4. 1 (C)( 1 )(a) . Section 18 . That the definition "Natural features " contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows : Natural features shall mean (a) natural springs, (b) areas of topography which, because of their steepness, erosion characteristics/geologic formations, high visibility from off- site locations and/or presence of rock outcroppings, and (c) view corridors which present vistas to mountains and foothills, water bodies, open spaces and other regions of principal environmental importance, provided that such natural features are either identified on the city's Natural Habitats and Features Inventory Map, or otherwise meet the definition of natural area as contained in this Article. Section 19 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of a new definition "private driveway" which reads in its entirety as follows : Private driveway shall mean the area of a platted lot that is specifically designed for the parking and movement of the vehicles of the property owner and that generally leads directly to a garage, carport or other such structure . Such area shall not include the area of a private street or private drive, except that a private driveway may be shared between two (2) abutting platted lots . Introduced and considered favorably on first reading and ordered published in summary form this 7th day of June, A.D . 2005 , and to be presented for final passage on the 5th day of July, A.D . , 2005 , Mayor ATTEST : City Clerk Passed and adopted on final reading this 5th day of July, A . D . 2005 . Mayor ATTEST : City Clerk 8 ITEM NUMBER: 34 AGENDA ITEM SUMMARY DATE: June 7, 2005 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT - First Reading of Ordinance No. 070, 2005, Making Various Amendments to the City of Fort Collins Land Use Code. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Staff has identified a variety of proposed changes, additions and clarifications in the Spring biannual update of the Land e`C de 5, the Planning and Zoning Board considered the proposed Chan s and v d 6- ?eend m ;approval of the proposed changes to City Council. The Board n vote 5-1 t o Council that staff be directed to reexamine the neighborhood cpatibi hmy 1ted_ Small Scale Reception Centers. These actions are summarized in the attached memo. BACKGROUND The Land Use Code was first adopted in March of 1997. Subsequent revisions have been recommended on a biennial basis to make changes, additions, deletions and clarifications that have been identified in the preceding six months. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and "user- friendliness" of the Code. Attachments include a summary of the Planning and Zoning Board's action and a summary of all the issues as well as the draft Or ' ce itself. In addition, at the March 22 ork seson C41-?retques three additional items. First, a report on Parking Flexibility i r vided n sppnso th tee on finding two specific commercial parking code standards that could be applied on a flexible basis. Second, a diagram is provided indicating how increasing the number of dwelling units per building in the L-M-N zone beyond the present maximum of eight to twelve could create additional open space or larger yards. Third, more information is provided on the C-L, Limited Commercial zone district. June 7, 2005 -2- Item No. 34 ATTACHMENTS 1. Land Use Code Issues Lis „„ 2. Annotated Ordinance I ex 3. Land Use Code Maint ance PrOAnpated Iss, ist 4. Summary of Planning Zoning B and Discussion egarding Performance Standards for Small Scale Reception Centers in the Urban Estate District 5. Commercial Parking Standards Flexibility and Status of Code Change Item#678 6. Allowing more than Eight Dwelling Units per Building in L-M-N Zone 7. C-L - Limited Commercial Zone Item#686 x' ''3