HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2009 - FIRST READING OF ORDINANCE NO. 066, 2009, MAKING V ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: June 2, 2009
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
First Reading of Ordinance No. 066, 2009, Making Various Amendments to the City Land Use
Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
On May 21, 2009, the Planning and Zoning Board considered the proposed changes. The Board
then made a motion to approve the proposed revisions as a package. The Board voted 6-0 to
recommend approval of the proposed changes.
EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the 2009 annual
update of the Land Use Code.
BACKGROUND
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a regular basis to make changes, additions, deletions and clarifications that have
been identified since the last update. 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.
The one potential Code change related to the buffer distance around wastewater treatment plants has
been pulled from this Ordinance for separate consideration on July 7.
ATTACHMENTS
1. Land Use Code Issues.
2. Annotated Ordinance Index.
3. Summary of the Planning and Zoning Board meeting, May 21, 2009.
ATTACHMENT
Land Use Code Issues
Wednesday,May 27,2009
Issue ID# Issue Name
739 Amend 2.2.11(D)(4)-Extensions-to add a measure of flexibility to the criteria by which the Board may grant
a one-year extension to a Final Plan or other Site Specific Development Plan.
788 Amend 3.9.3 -I-25 Corridor Standards-to clarify building placement standards for areas within and outside
designated activity centers.
809 Amend 1.3.4(A)(6)-Addition of Permitted Uses-to add specificity as to when applicable and to delete
extraneous language.
813 Amend 3.2.1 to enhance the water conservation standards with regard to landscaping and irrigation.
814 Amend N-C-M&N-C-B standards relating to eave height so the standards are consistent with N-C-L as
originally intended.
815 Amend 3.5.2(D)-Residential Building Setbacks-to regulate the placement of private windmills.
816 Amend 5.1.2-Definition of"Warehouse" -inadvertently deleted when adding the new definition for
"Wholesale Distribution."
817 Amend 3.8.19(C)-Front Setbacks on Corner Lots-so it is consistent with the recently amended definition of
Front Lot Line.
820 Amend 2.12.4-Annexation-to clarify that illegal uses which are made legal by approval of a development
plan must be brought into compliance within 60 days of final approval versus PDP approval.
821 Amend 3.2.2(K)(1)(a)-Parking-by including attached residential garages as a type of garage which does not
count towards meeting the multi-family parking requirement if the garage is not included in the normal rental
or purchase price.
823 Amend 2.13.10-Criteria for Vested Rights-to clarify that the three requirements refer only to A,B,and C
and not the six subsequent criteria.
825 Amend the definition of Development to allow general maintenance,such as dredging of private reservoirs,to
not be considered development and subject to a review process.
826 Delete the definition of"Public Facilities" and create two new definitions that make a distinction between
"Minor" and"Major"Public Facilities and allow"Major" in only four zones.
827 Amend 3.3.2(F)-Off-site Public Access Improvements-in order to rectify the timing of disbursements to
developers with the existing language in the City Code.
828 Amend 4.28(D(1)(a)-Industrial Zone-Residential Height-to delete the reference to"residential buildings"
since the only permitted residential dwellings are already covered in the preceding clause.
Wednesday,May 27,2009 Page 1 of 1
Land Use Code Maintenance Process
Annotated Issue List
739 Amend 2.2.11(D)(4)—Extensions-to add a measure of flexibility to the criteria by which the
Board may grant a one-year extension to a Final Plan or other Site Specific Development Plan.
Problem Statement
This section allows for applicants to request from the P&Z Board additional one-year
extension(s)after exhausting the available administrative extensions. Presently,the
language includes the clause:
❑"and that the applicant has been diligent in constructing the engineering
improvements..."
The problem is that due to economic conditions,(not all applicants have,in fact,been
diligently constructing their public improvements. Often,public improvements will have
been installed for the first phase,but infrastructure has not been extended to future
phases. For large projects that are expected to be constructed in phases,the timing of
extending utilities is typically based on market demand.
Proposed Solution Overview
The proposed solution is to add a clause that provides a measure of flexibility that the
applicant and P&Z Board may use as justification for granting a one-year extension:
❑"... or due to other extraordinary or exceptional circumstances where completing
engineering improvements would result in exceptional or undue hardship upon the
applicant ..."
Related Code Revisions
Ord.Section Code Cite Revision Effect
2 2.2.11(D)(4) Gives P&Z flexibility for granting one-year extensions.
788 Amend 3.9.3 -I-25 Corridor Standards-to clarify building placement standards for areas
within and outside designated activity centers.
Problem Statement
❑Two activity centers were identified,one at the Mulberry Street interchange and the
other at the Prospect Road interchange. The NE quadrant of the Mulberry interchange
was planned for the potential location of a regional/community shopping center. The NE
quadrant of the Prospect interchange was designated as a mix use activity center with
commercial,industrial,and residential uses.
r
•❑Employment and industrial districts adjacent to I-25 are to be designed in a manner as
to maintain a perception of openness through the corridor.
•❑Secondary uses(retail and highway-oriented commercial uses)typically permitted in
employment/industrial districts will be required to be set back at least'/<mile from I-25 to
avoid a commercial strip appearance along I-25.
In addition to the rezoning of some property in the I-25 corridor,a new section,Division
3.9 Development Standards for the I-25 Corridor,was added to the Land Use Code,to
help implement the vision,goals,and policies of the I-25 Subarea Plan. Division 3.9.3
Wednesday,May 27,2009 Page 1 of 10
was specifically intended to foster the perception of open space and maintaining view
corridors along the I-25 corridor by establishing setback requirements,and maximum
building frontage allowances,to go along with Division 3.9.10 which established
restrictions on building heights.
The above sections have created some problems and confusion in application of the
standards to development proposals within and outside of the designated activity centers
in the I-25 corridor.
Proposed Solution Overview
The proposed solution is to amend 3.9.3 to eliminate the confusion with clarifying
language and a revised illustration.
Related Code Revisions
Ord.Section Code Cite Revision Effect
14 3.9.3(A)(B)[C] Clarifies commercial building placement along 1-25.
809 Amend 1.3.4(A)(6)-Addition of Permitted Uses-to add specificity as to when applicable
and to delete extraneous language.
Problem Statement
Presently, Section 1.3.4 states that a request for an Addition of Permitted Use must be
submitted:
in conjunction with a particular development proposal and upon application by the
applicant."
The problem is that"a particular development proposal'is too vague. The original intent
of this process was to evaluate a proposed land use at a sufficient level of detail to make
an informed decision. The burden of proof should be placed upon the applicant to
provide documentation as why a requested land use should be allowed in a certain zone
district.
To date,we have processed the following requests:
1. Wholesale Distribution-4800 Innovation Drive(formerly Simpson Sheet Metal)in
the H-C,Harmony Corridor zone. Approved. This was in conjunction with an'
Amendment to a Final Plan.
1
2. Restaurant,Drive-in and Gas station—proposed shopping center(King Soopers)at the
northeast corner of North College and Willox Lane in the C-C-N,Community
Commercial-North College zone. Approved with Conditions. This was in conjunction
with a Preliminary Design Review.
3. Workshop and Custom Small Industry-525 South Taft Hill Road(formerly Atlas
Roofing)in the L-M-N,Low Density Mixed-use Neighborhood zone. Approved with
condition. This was in conjunction with an Amendment to a Final Plan.
4. Recreational vehicle,boat and truck storage to a property located one lot east of the
southeast comer of South College Avenue and Skyway Drive. Denied. This was in
conjunction with a P.D.P. Then after the adoption of the South College Corridor Plan,the
request was re-submitted and approved.
5.❑Warehouse to the Poudre School District property on East Prospect Road in the U-E,
Wednesday,May 27,2009 Page 2 of 10
Urban Estate zone. Denied. This was in conjunction with an Overall Development Plan.
Staff has emphasized that this process represents a level of analysis that is more site
specific than a Text Amendment. As we stated last year during the 2008 Land Use Code
annual update:
❑"With a Type Two review process and compatibility and operational standards in
Article Three,plus any specific conditions related to the individual P.D.P. applicant,there
are sufficient safeguards to mitigate any impacts and protect surrounding
neighborhoods."
The purpose of the revision is to tighten up the applicability of the process. By adopting
this change,the following processes would not be sufficient by which to request an
Addition of a Permitted Use:
•❑Annexation
•❑Rezoning
•❑Conceptual Review
•❑Preliminary Design Review
•❑Stand-alone Modification
Only by submitting for the following would this process be available to applicants:
•❑Overall Development Plan
•❑Basic Development Review
•❑Project Development Plan
•❑Final Plan
•❑Major or Minor Amendment to any of the above.
The intent of the proposed revision is to allow for a thorough and rigorous review of a
proposed use as requested for a site specific location.
Proposed Solution Overview
The proposed solution is to tighten up the process by requiring an application to be tied
to a development plan.
Related Code Revisions
Ord.Section Code Cite Revision Effect
1 1.3.4(A) Clarifies the Addition of a Permitted Use process.
813 Amend 3.2.1 to enhance the water conservation standards with regard to landscaping and
irrigation.
Problem Statement
"Landscape and Irrigation Standards for Water Conservation"were adopted by City
Council in 1994 as part of the Land Development Guidance System Document.
Revisions to these standards are needed as technology and best management practices
have changed over the years. The purpose of these standards is to promote efficient water
use through proper landscape and irrigation system design and installation.
Responsible designs have many environmental benefits; including cooling,providing
wind and noise barriers,a slower evaporation rate,and less stormwater runoff. The City
encourages and supports the planning,design and implementation of landscape projects
which represent the highest standards of excellence in water conservation and sustainable
landscape and irrigation design.
Wednesday,May 27,2009 Page 3 of 10
Proposed Solution Overview
The proposed solution is to upgrade the water conservation standards for landscape
plans: In addition there are new requirements for irrigation systems which calls for the
use of the latest technology. Small projects would be exempt.
Related Code Revisions
Ord.Section Code Cite Revision Effect
5 3.2.1(B) Upgrades water conservation standards and irrigation
systems.
6 3.2.1[C] Upgrades water conservation standards and irrigation
systems
7 3.2.1(E)(3) Upgrades water conservation standards and irrigation
systems
8 3.2.1(I)(2) Upgrades water conservation standards and irrigation
systems
9 3.2.1(J) Upgrades water conservation standards and irrigation
systems
47 5.1.2 Adds a definition of Hydrozone
814 Amend N-C-M&N-C-B standards relating to eave height so the standards are consistent with
N-C-L as originally intended.
Problem Statement
The NCL,NCM and NCB district regulations were amended in 2004 by the addition of
standards intended to further regulate the design,size and height of rear lot buildings in
these old town zones. One of the new standards enacted eave height regulations for
carriage houses and accessory buildings.
The intent of the eave height regulation is to limit the height of the wall along a side lot
line,which is where the height of a building would have the most impact on a neighboring .
property. The wording in the NCL district regulation correctly includes the words"of an
eave along a side lot line". However,this important wording in the NCM and NCB
regulations was inadvertently left out.
Proposed Solution Overview
In order to correct the oversight associated with the 2004 code changes, staff
recommends that Sections 4.8(F)(2)(b)(1)and(2)and Sections 4.9(E)(2)(b)(1)and(2)
be amended by adding the words"of an cave along a side lot line"in order to make the
NCM and NCB eave height regulation the same as the NCL regulation.
Related Code Revisions
Ord.Section Code Cite Revision Effect
23 4.8(F)(2)(b) Clarifies the height of side walls for carriage houses and
accessory buildings.
25 4.9(E)(2)(b) Clarifies the height of side walls for carriage houses and
accessory buildings.
815 Amend 3.5.2(D)-Residential Building Setbacks-to regulate the placement of private
windmills.
Problem Statement
The Land Use Code currently does not contain any regulations regarding the placement of
windmills. Staff has been receiving inquiries regarding windmill regulations and it is now
necessary to enact standards for power generating windmills.
Proposed Solution Overview
Wednesday,May 27,2009 Page 4 of 10
Staff recommends that Section 3.5.2(D)be amended by the addition of a new subsection
(6)in order to regulate the setback requirements for windmills in a manner which ensures
that if a windmill collapses,it will do so within the confines of the lot on which the
structure is located.
Related Code Revisions
Ord.Section Code Cite Revision Effect
12 3.5.2(D)(6) Adds setbacks for windmills.
816 Amend 5.1.2-Definition of"Warehouse"-inadvertently deleted when adding the new
definition for"Wholesale Distribution."
Problem Statement
Ordinance No.073,2008 was adopted on July 1,2008. One of the code changes included
in that ordinance was to change the name of the use"warehouse and distribution"to the
new name of"wholesale distribution"in the definition section of the LUC. Changing the
name of the use in the definition also required that the old name of"warehouse and
distribution"be changed to"wholesale distribution"in the permitted use lists of the four
zone districts which allow the use. An error was made when amending the lists in the E
and the I districts. Specifically,instead of replacing the"warehouse and distribution"
term with"wholesale distribution",the use term"warehouse"was replaced with
"wholesale distribution",resulting in the accidental elimination of a warehouse as a
permitted use in those zones. Not only did the error result in the elimination of
"warehouse"as a permitted use,it also resulted in the permitted use lists containing both
"warehouse and distribution"and"wholesale distribution".
Proposed Solution Overview
Staff recommends amending the use lists in the E and the I districts by replacing the term
"warehouse and distribution"with"warehouse". This will correct the previous
unintended omission of"warehouse"as a permitted use and will result in the use lists
containing both"warehouse"and"wholesale distribution"as originally intended by
Ordinance No. 073,2008.
Related Code Revisions
Ord.Section Code Cite Revision Effect
42 4.27(B)(2)(d)6 Adds Warehouse back into the E zone as a permitted use.
44 4.28(B)(2)(d)8 Adds Warehouse back into the I zone as a permitted use.
817 Amend 3.8.19(C)-Front Setbacks on Comer Lots-so it is consistent with the recently
amended definition of Front Lot Line.
Problem Statement
The definition of"Lot line,front"as it relates to comer lots was amended a couple of
years ago. This was done in order to allow a property owner flexibility in designating
which of the multiple,streets abutting a corner lot would be considered the front lot line.
Prior to the code change,the front lot line on a corner lot was always,by definition,the
shortest of the street frontages regardless which street the house faced. This resulted in
situations where the legal front lot line was actually the lot line along the side of the
house.
The amended definition of a front lot line in Article 5 now states "...On a comer lot only
one street line shall be considered as a front line,and the street to which the primary
entrance of the principal building faces or to which the building is addressed,shall be
considered the front line."
The above definition from Article 5 and the supplementary regulation in Section
3.8.19(C)are in conflict since the two were not amended at the same time. As a result,
Wednesday,May 27,2009 Page 5 of 10
3.8.19(C)still contains the language from the previous front lot line definition.
Proposed Solution Overview
In order to correct the oversight, staff recommends that Section 3.8.19(C)of the LUC be
amended to be consistent with the definition in Article Five.
Related Code Revisions
Ord.Section Code Cite Revision Effect
13 3.8.19[C] Reconciles the standard with the definition.
820 Amend 2.12.4-Annexation-to clarify that illegal uses which are made legal by approval of a
development plan must be brought into compliance within 60 days of final approval versus
PDP approval.
Problem Statement
Section 2.12.4 sets forth regulations dealing with the annexation of uses which are not
legally permitted by the county during the time the property is in the county's
jurisdiction. Such illegal uses must cease in the event the property is not placed in a city
zone district which allows the use. However,if the property is placed in a zone district
after annexation which does allow the use,a development application process is described
by which the illegal county use can become a legal,conforming use within the city.
This process concludes by requiring that the property be brought into compliance with the
approved development plan. Specifically,the Code states that the property must be
brought into compliance within 60 days of the date of the approval of the decision maker.
In the context of the paragraph in which this provision is contained, it appears that the 60
days is from the date of the approval of the PDP. However,a PDP does not grant any
vesting and does not authorize work to begin which is related to the PDP. Therefore, it's
not possible for the property to be brought into compliance with the approved PDP. The
actual intent of this provision is that the 60 day timeline begins upon Final Plan approval,
not upon PDP approval.
Proposed Solution Overview
In order to clarify that a use must be brought into compliance within 60 days of the date
of Final Plan approval,staff recommends that the last sentence of the first paragraph of
Section 2.12.4 be amended.
Related Code Revisions
Ord.Section Code Cite Revision Effect
3 2.12.4 Clarifies annexed uses must comply within 60 days of
Final Plan,not P.D.P.
821 Amend 3.2.2(K)(1)(a)-Parking-by including attached residential garages as a type of
garage which does not count towards meeting the multi-family parking requirement if the
garage is not included in the normal rental or purchase price.
Problem Statement
Currently,this requirement applies only to detached garages. Section 3.2.2(K)(1)(a)of
the LUC sets forth the minimum off-street parking requirements for multi-family dwelling
units. The number of required spaces is based on the number of bedrooms per dwelling
unit. The required number of spaces does not necessarily equate to the number of
residents per dwelling unit. For instance,a 2 bedroom unit requires 1.75 parking spaces,
yet the unit may be occupied by 2 or more residents who have vehicles. Thus,it is not
unusual for some parking to spillover onto adjacent streets. In order to minimize the
impact to the other property owners along those streets, it is important that all of the
parking spaces which are provided in a multi-family development are usable parking
spaces.
Wednesday,May 27,2009 Page 6 of 10
A number of multi-family projects have been approved and constructed with a
combination of open and enclosed spaces. The total of all these spaces needs to comply
with the minimum number of spaces required by the LUC. Over the years,staff has
received complaints from neighbors of multi-family projects which contain garage
spaces. They complain that a larger than expected amount of spillover parking occurs.
Staff determined that the spillover is a result of the fact that many of the spaces in garage
buildings are not being used. This under-utilization of parking results from a finding that
it's not unusual for tenants to have to pay an extra monthly rental charge in order to use a
garage. Or in the case of condominiums, it's not unusual to find that the purchase price of
a unit is higher if the buyer wants a garage space. These higher costs result in a garage
vacancy rate of 30%to 40%. Therefore,the available off-street parking within a multi-
family development is under-utilized and the resulting impact on the streets can be
significant.
The code was amended in 2002 to address this issue. At that time, it was determined that
developers should not be given credit for providing parking spaces unless the spaces will
be available for normal use. The 2002 amendment only applied to detached garage
buildings. Attached garages were not addressed at the time because such garages are
generally"attached"to a particular dwelling unit in that one goes from the garage directly
into the dwelling unit. With those floor plans,the garage automatically comes with the
unit and the tenant does not have an option of paying or not paying for a garage space.
However,some multi-family buildings are designed with attached garages which are part
of the building,but which do not directly connect to any dwelling unit. Therefore,this
type of attached garage functions in much the same manner as a detached garage in that it
does not automatically come with a unit,rather it comes at an extra cost. Since it
functions the same as a detached garage,it should be regulated in the same manner. Not
including it in the original 2002 amendment was an oversight.
Proposed Solution Overview
In order to correct this oversight,staff recommends that Section 3.2.2(K)(1)(a)be
amended to include a specific reference to attached garages which do not provide direct
entry into an individual dwelling unit.
Related Code Revisions
Ord.Section Code Cite Revision Effect
10 3.2.2(K)(1)(a) Adds attached garages to the standard for clarity.
823 Amend 2.13.10-Criteria for Vested Rights-to clarify that the three requirements refer only
to A,B,and C and not the six subsequent criteria.
Problem Statement
Section 2.13.10 pertains to the criteria for determining whether a vested right exists under
common law and when the section was drafted,it contained an ambiguity as to whether
there were three requirements or nine requirements that must be met. The intention was
that three requirements be met. No wording changes are needed in order to clarify the
requirement,but the formatting of the section should be changed.
Proposed Solution Overview
The proposed solution is to re-format the standard to remove the ambiguity.
Related Code Revisions
Ord.Section Code Cite Revision Effect
4 2.13.10 Re-formats the standard for clarity.
Wednesday,May 27,2009 Page 7 of 10
825 Amend the definition of Development to allow general maintenance, such as dredging of
private reservoirs,to not be considered development and subject to a review process.
Problem Statement
Division 5.1 Definitions of the Land Use Code provides the meanings of words,terms,
and phrases used in the Code. The Code defines development as follows:
Development shall mean the carrying out of any building activity or mining operation,the
making of any material change in the use or appearance of any structure or land,or,
except as is authorized in Section 1.4.7,the dividing of land into two(2)or more parcels.
There are two subsections under the definition of Development. They are:
(1)Development shall also include:
(2)Development shall not include:
These subsections are intended to further clarify which activities are also considered to be
Development and which activities are not to be considered Development respectively.
Subsection(1)(d)includes the following as an action that is also considered to be
Development:
any alteration of a shore or bank of a river,stream,lake,pond,reservoir or wetland;
A potential problem has arisen with the above inclusion of the alteration of a shore of
lakes and reservoirs in regards to maintenance activities carried out by irrigation
companies on their reservoirs and ditches,and/or public safety improvement activities
required by the State Engineer of an irrigation company for their dams,or other facilities
required for the provision of irrigation water to the company's customers. In some cases
such activities by an irrigation company would require the use of heavy construction
equipment such as bulldozers,dump trucks,or back-hoes,etc.
Under the above subsection(1)(d)of the definition it could be interpreted that any such
maintenance or safety improvement activities are considered Development and would
need to be processed through the City's Development Review Process including the
payment of all of the inherent fees and progression through the processing steps.
Proposed Solution Overview
Staff recommends that Section 5.1.2 Definitions of the Land Use Code be amended such
that a new subsection"(g)"be added clarifying that under section"(2)Development shall
not include"maintenance or public safety work by irrigation companies on their
reservoirs and ditches.
Related Code Revisions
Ord.Section Code Cite Revision Effect
46 5.1.2 Clarifies the definition of Development to allow work on
ditches and reservoirs.
826 Delete the definition of"Public Facilities"and create two new definitions that make a
distinction between"Minor" and"Major"Public Facilities and allow"Major" in only four
zones.
Problem Statement
The definition of"Public Facilities"does not clearly distinguish between minor facilities
such as unmanned water pumping stations and major operations such as a wastewater
treatment plant. Since"Public Facilities"are allowed in 24 zones,the current definition is
too broad and could result in significant operations being located in close proximity to
Wednesday,May 27,2009 Page 8 of 10
i
residential neighborhoods.
Further,in order to remove ambiguity with regard to a recent application,the proposed
definition of"Major Public Facilities"should specifically include a reference to fleet
maintenance facilities such as the operations associated with the following:
-[]City of Fort Collins-Wood Street;
-[]City of Fort Collins Streets Department—North Lemay Avenue
•❑Larimer County Road and Bridge -East Vine Drive;
•❑Poudre School District—LaPorte Avenue;
•❑Colorado Department of Transportation—North Lemay Avenue.
Staff proposes that"Fleet Maintenance Facilities"be added to the new definition of
"Major Public Facilities"so that it is not considered to be interpreted to be
"Transportation Systems and Facilities"which are currently listed under the definition of
"Public Facilities"and are allowed in 24 zone districts.
If defined as such,"Fleet Maintenance Facilities"would then be allowed only in those
zones where"Major Public Facilities"would be allowed:
•❑C,Commercial;
•❑C-S, Service Commercial;
•❑C-L,Limited Commercial;
•❑I, Industrial.
Proposed Solution Overview
Staff proposes to amend the current definition of"Public Facilities"and replace it with
two new definitions. A specific reference to"fleet maintenance facilities"would be
added to the new definition of"Major Public Facilities"so that such use would be
allowed in only four zones instead of 24 zones. Amend the affected zone districts
accordingly.
Related Code Revisions
Ord.Section Code Cite Revision Effect
15 4,1(B)(2)(b)l Replaces Public with Minor in RUL
16 4.2(B)(2)(b)l Replaces Public with Minor in UE
17 4.3(B)(3)(b)3 Replaces Public with Minor in RF
18 4.4(B)(2)(b)2 Replaces Public with Minor in RL
19 4.5(B)(2)(b)3 Replaces Public with Minor in LMN
20 4.6(B)(2)(b)4 Replaces Public with Minor in MMN
21 4.7(B)(3)(b)4 Replaces Public with Minor in NCL
22 4.8(B)(1)(b)2 Replaces Public with Minor in NCM
r
24 4.9(B)(1)(b)2 Replaces Public with Minor in NCB
26 4.10(B)(2)(b)4 Replaces Public with Minor in HMN
27 4.13(B)(2)(a)3 Replaces Public with Minor in POL
28 4.14(B)(2)(b)l Replaces Public with Minor in RC
29 4.16(B)(2)B Replaces Public with Minor in Downtown
30 4.17(B)(2)(b)4 Replaces Public with Minor in RDR
31 4.18(B)(2)(b)4 Replaces Public with Minor in CC
32 4.19(6)(2)(b)4 Replaces Public with Minor in CCN
33 4.20(B)(2)(b)4 Replaces Public with Minor in CCR
Wednesday,May 27,2009 Page 9 of 10
34 4.21(13)(2)(b)2 Replaces Public with Minor in C
35 4.21(13)(2)(a) Adds Major Public Facilities in C
36 4.22(B)(2)(b)4 Replaces Public with Minor in CS
37 4.22(B)(3) Adds Major Public Facilities in CS
38 4.23(B)(2)(b)3 Replaces Public with Minor in NC
39 4.24(13)(2)13 Replaces Public with Minor and adds Major Public
Facilities in CL
40 4:26(15)(2)(b)5 Replaces Public with Minor in HC
41 4.27(B)(2)(b)2 Replaces Public with Minor in E
43 4.28(B)(2)(b)2 Replaces Public with Minor and adds Major Public
Facilities in I
48 5.1.2 Adds a new definition of Minor Public Facilities
49 5.1.2 Adds new definition of Major Public Facilities
50 5.1.2 Deletes existing definition Public Facilities
827 Amend 3.3.2(F)-Off-site Public Access Improvements-in order to rectify the timing of
disbursements to developers with the existing language in the City Code.
Problem Statement
Presently,there is a discrepancy in the Land Use Code with regard to the method of
disbursing funds to developers for their share of constructing public improvements.
There is also some ambiguity in the defined terms of the Land Use Code language.The
proposed change would clarify and rectify the Codes.
Proposed Solution Overview
The proposed solution is to remove the discrepency and clear up any ambiguity.
Related Code Revisions
Ord.Section Code Cite Revision Effect
11 3.3.2(F)(2) Clarifies the method for disbursing funds to developers for
constructing public improvements.
828 Amend 4.28(D(1)(a)-Industrial Zone-Residential Height-to delete the reference to
"residential buildings" since the only permitted residential dwellings are already covered in
the preceding clause.
Problem Statement
As written,this section addresses the maximum allowable height of"residential
buildings." But,the only permitted residential dwellings in the Industrial zone are"mixed-
use dwellings." And,the maximum allowable height for"mixed-use dwellings"is already
covered in the standard.
Proposed Solution Overview
The proposed solution is to simply delete the clause.
Related Code Revisions
Ord.Section Code Cite Revision Effect
45 4.28(D)(1)(a) Removes a redundancy.
Wednesday,May 27,2009 Page 10 of 10
Land Use Code Revisions
Annotated Ordinance Index
Ord.Section# Code Cit Revision Effect Issue
I 1.3.4(A) Clarifies the Addition of a Permitted Use process. 809 Amend 1.3.4(A)(6)-Addition of Permitted Uses-to
add specificity as to when applicable and to delete
extraneous language.
2 2.2.11(D)(4) Gives P&Z flexibility for granting one-year extensions. 739 Amend 2.2.1 1(D)(4)-Extensions-to add a measure
of flexibility to the criteria by which the Board may
grant a one-year extension to a Final Plan or other Site
Specific Development Plan.
3 2.12.4 Clarifies annexed uses must comply within 60 days of 820 Amend 2.12.4-Annexation-to clarify that illegal
Final Plan,not P.D.P. uses which are made legal by approval of a '
development plan must be brought into compliance
within 60 days of final approval versus PDP approval.
4 2.13.10 Re-formats the standard for clarity. 823 Amend 2.13.10-Criteria for Vested Rights-to clarify
that the three requirements refer only to A,B,and C _
and not the six subsequent criteria.
5 3.2.1(B) Upgrades water conservation standards and irrigation 813 Amend 3.2.1 to enhance the water conservation
systems. standards with regard to landscaping and irrigation.
6 3.2.1[C] Upgrades water conservation standards and irrigation 813 Amend 3.2.1 to enhance the water conservation
systems standards with regard to landscaping and irrigation.
7 3.2.1(E)(3) Upgrades water conservation standards and irrigation 813 Amend 3.2.1 to enhance the water conservation
systems standards with regard to landscaping and irrigation.
�8 3.2.1(1)(2) Upgrades water conservation standards and irrigation 813 Amend 3.2.1 to enhance the water conservation
systems standards with regard to landscaping and irrigation.
9 3.2.1(J) Upgrades water,conservation standards and irrigation 813 Amend 3.2.1 to enhance the water conservation
systems standards with regard to landscaping and irrigation.
l0 3.2.2(K)(1)(a) Adds attached garages to the standard for clarity. 82l Amend 3.2.2(K)(1)(a)-Parking-by including
attached residential garages as a type of garage which
does not count towards meeting the multi-family
parking requirement if the garage is not included in y
the normal rental or purchase price. �]
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Wednesday,May 27,2009 Pagel of 6 N
Ord.Section# Code Cit Revision Effect Issue
I I 3.3.2(F)(2) Clarifies the method for disbursing funds to developers for 827 Amend 3.3.2(F)-Off-site Public Access
constructing public improvements. Improvements-in order to rectify the timing of
disbursements to developers with the existing language
in the City Code.
12 3.5.2(D)(6) Adds setbacks for windmills. 815 Amend 3.5 2(D)-Residential Building Setbacks-to
regulate the placement of private windmills.
13 3.8.19[C] Reconciles the standard with the definition. 817 Amend 3.8.19(C)-Front Setbacks on Corner Lots-
so it is consistent with the recently amended definition
of Front Lot Line.
14 3.9.3(A)(B)LC] Clarifies commercial building placement along 1-25. 788 Amend 3.9.3-1-25 Corridor Standards-to clarify
building placement standards for areas within and
outside designated activity centers.
15 4,1(B)(2)(b)I Replaces Public with Minor in RUL 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
16 4.2(B)(2)(b)I Replaces Public with Minor in UE 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
17 4.3(B)(3)(b)3 Replaces Public with Minor in RF 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
18 4.4(B)(2)(b)2 Replaces Public with Minor in RL 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
19 4.5(B)(2)(b)3 Replaces Public with Minor in LMN 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
20 4.6(B)(2)(b)4 Replaces Public with Minor in MMN 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
Wednesday,May 27,2009 Page 2 of 6
Ord.Section# Code Cit Revision Effect Issue
21 4.7(B)(3)(b)4 Replaces Public with Minor in NCL 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
22 4.8(B)(1)(b)2 Replaces Public with Minor in NCM 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
23 4.8(F)(2)(b) Clarifies the height of side walls for carnage houses and 814 Amend N-C-M&N-C-B standards relating to eave
accessory buildings. height so the standards are consistent with N-C-L as
originally intended.
24 4.9(B)(1)(b)2 Replaces Public with Minor in NCB 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
25 4.9(E)(2)(b) Clarifies the height of side walls for carriage houses and 814 Amend N-C-M&N-C-B standards relating to eave
accessory buildings. - height so the standards are consistent with N-C-L as
originally intended.
26 4.10(B)(2)(b)4 Replaces Public with Minor in HMN 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
27 4.13(B)(2)(a)3 Replaces Public with Minor in POL 826 Delete the definition of"Public Facilities"and create
_ two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
28 4.14(B)(2)(b)I Replaces Public with Minor in RC 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in-only four zones.
29 4.16(B)(2)B Replaces Public with Minor in Downtown 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
30 4.17(B)(2)(b)4 Replaces Public with Minor in RDR 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
Wednesday,May 27,2009 Page 3 of 6
Ord.Section# Code Cit Revision Effect Issue
31 4.18(B)(2)(b)4 Replaces Public with Minor in CC 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
32 4.19(B)(2)(b)4 Replaces Public with Minor in CCN 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
33 4.20(B)(2)(b)4 Replaces Public with Minor in CCR 826 Delete the definition of"Public Facilities'and create
- two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
34 4.2 1(B)(2)(b)2 Replaces Public with Minor in C 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
35 4.21(13)(2)(a) Adds Major Public Facilities in C 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
36 _ 4.22(B)(2)(b)4 Replaces Public with Minor in CS 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
37 4.22(B)(3) Adds Major Public Facilities in CS 826 Delete the definition of"Public Facilities'and create'
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
38 4.23(B)(2)(b)3 Replaces Public with Minor in NC 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major'in only four zones.
39 - 4.24(B)(2)B Replaces Public with Minor and adds Major Public 826 Delete the definition of"Public Facilities'and create
Facilities in CL two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major'in only four zones.
Wednesday,May 27,2009 Page 4 of 6
Ord.Section# Code Cit Revision Effect Issue
40 4.26(B)(2)(b)5 Replaces Public with Minor in HC 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
41 4.27(B)(2)(b)2 Replaces Public with Minor in E 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
42 4.27(B)(2)(d)6 Adds Warehouse back into the E zone as a permitted use. 816 Amend 5.1.2-Definition of"Warehouse"-
inadvertently deleted when adding the new definition
for"Wholesale Distribution."
43 4.28(B)(2)(b)2 Replaces Public with Minor and adds Major Public 826 Delete the definition of"Public Facilities"and create
Facilities in 1 two new definitions that make a distinction between
\ "Minor'and"Major'Public Facilities and allow
"Major"in only four zones.
44 4.28(B)(2)(d)8 Adds Warehouse back into the I zone as a permitted use. 816 Amend 5.1.2-Definition of"Warehouse'-
inadvertently deleted when adding the new definition
for"Wholesale Distribution." ,
45 4.28(D)(1)(a) Removes a redundancy. 828 Amend 4.28(D(1)(a)-Industrial Zone-Residential
Height-to delete the reference to"residential
buildings'since the only permitted residential
dwellings are already covered in the preceding clause.
46 5.1.2 Clarifies the definition of Development to allow work on 825 Amend the definition of Development to allow general
ditches and reservoirs. maintenance,such as dredging of private reservoirs,to
not be considered development and subject to a review
process.
47 5.1.2 Adds a definition of Flydrozone 813 Amend 3.2.1 to enhance the water conservation
standards with regard to landscaping and irrigation.
48 5.1.2 Adds a new definition of Minor Public Facilities 826 Delete the definition of"Public Facilities'and create
two new definitions that make a distinction between
"Minor"and"Major'Public Facilities and allow
"Major"in only four zones.
49 5.1.2 Adds new definition of Major Public Facilities 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
Wednesday,May 27,2009 Page 5 of 6
Ord.Section# Code Cit Revision Effect Issue
50 5.1.2 Deletes existing definition Public Facilities 826 Delete the definition of"Public Facilities"and create
two new definitions that make a distinction between
"Minor"and"Major"Public Facilities and allow
"Major"in only four zones.
Wednesday,May 27,2009 Page 6 of 6
ATTACHMENT
Planning & Zoning Board
May 21, 2009
6�>Project: 2009 Annual Revisions, Clarifications and Additions to the Land Use Code
Project Description: This is a request for a Recommendation to City Council regarding the annual
update to the Land Use Code. There are proposed revisions, clarifications and
additions to the Code that address a variety of subject areas that have arisen
since the last update in 2008.
Recommendation: Approval l�
Hearing Testimony, Written Comments and Other Evidenced
Staff presentation:
Chief Planner Ted Shepard reported that he would begmaking a verypbrief presentation, -he'd been
working with the Board over the course of the past severaltmmonths orthspecific recomended
changes). As has been done in the past, Shepard said the-Board could vote on the proposed revisions,
clarifications, and additions to the Land Use Code in a package"or"they could call issues out and
consider them individually. Shepard recommends issue#824 (which amends Section 3.4.2 -Air
Quality-to reduce the 1,000 foot buffer for wastewater treatment pla tsto 300 feet but only if there are
-��� ,r
covered basins and secondary odor control system h as carbon scr bb rs) be considered
separately.
The Board concurred and Chair Schmidt asked adienceb[sgif they wished to pull any issues.
Only issue # 824 was pulled., W_
Item # 824 `
Shepard said staff recomme ds a change to LUC Sectioy3'4.2 based on:
• the Board's comfort a t the work session on May_j1'S`h,
• input theyve received from the Link n Greens,property owner,
� g%
• tech al advicethey ve received from the wastewater treatment plant operator including
• the upgrades going into the plant
F-jthe secondary c o�control
The covered basin"s=and scrubbers
Staff is comfortable with increasing the prohibition of any use from 300 to 500 feet and to allow from 500
to 1,000 feet for-r sidential whe residential was previously prohibited.
Board Questions:
Member Lingle asked forgclarification—he said as it reads now it reduces it from 1,000 feet to 300 feet
but staff would like to ch ge that to read from 1,000 feet to 500 feet—is that correct? Shepard said yes
and between 500 and 1,000 feet where residential was previously prohibited, staff recommend it be
allowed. Lingle noted that's not currently how it's included in the staff report. Shepard said that based
on information on plant technological upgrades information received at the work session on May 151h;
staff will be adding it to the recommended changes.
Member Carpenter asked if we're talking simply about odor control and not taking out the health and
safety controls related to chlorine gas. Chair Schmidt said these buffer regulations apply only to places
Planning & Zoning Board
May 21, 2009
that don't have chlorine. Shepard said that's correct--chlorine has its own separate buffer and there
wouldn't be any chlorine at Wastewater Treatment Plant 1.
Public Input:
None
Member Lingle moved to approve the 2009 annual revisions to the Land Use Code as described
in the staff report. Member Stockover seconded the motion. The motion was approved 6:0.
Other Business: =`
None
Meeting adjourned at 10:20 p.m. lk
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Steve Dush, Current Planning Director Brig itte�SchmidtfCl iiir
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ORDINANCE NO , 066, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY LAND USE CODE
WHEREAS, on March 18 , 19971 by its adoption of Ordinance No. 051 , 1997 , the
City Council enacted 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 the City 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 , City staff 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 City Council has determined that the recommended Land Use
Code amendments 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 1 . 3 .4 of the Land Use Code is hereby amended to
read as follows :
1 .3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with a pafti Mara development proposal
and upon appheation -byan application for approval of an overall
development plan, a project development plan, a final plan, or any
amendment of the foregoing, and upon the petition of the applicant or on
the Director's own initiative, the Director (or the Planning and Zoning
Board as specifically authorized in subparagraphs (5) and (6) below) may
add to the uses specified in a particular zone district any other similar use
which conforms to all of the following conditions :
( 1 ) Such use is appropriate in the zone district to which it is added ;
(2) Such use conforms to the basic characteristics of the zone district and
the other permitted uses in the zone district to which it is added;
(3 ) Such use does not create any more offensive noise, vibration, dust,
heat, smoke, odor, glare or other objectionable influences or any more
1
traffic hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi-public facilities, utilities
or services, adverse effect on public health, safety, morals or
aesthetics, or other adverse impacts of development, than the amount
normally resulting from the other permitted uses listed in the zone
district to which it is added;
(4) Such use is compatible with the other listed permitted uses in the zone
district to which it is added;
(5 ) Such use is not specifically listed by name as a prohibited use in the
zone district to which it is added, or if such use is prohibited, the
proposed use is specific to the proposed site, is not considered for a
text amendment under paragraph (B) below, and is specifically found
by the Planning and Zoning Board to not be detrimental to the public
good and to be in compliance with the requirements and criteria
contained in Section 3 . 5 . 1 ;
(6) Such use is not specifically listed as a "Permitted Use" in Article 4-, -Of
if such
uc use
is not speci eally listediand the proposed use is specific to
the proposed site, is not considered for a text amendment under
paragraph (B) below, and is specifically found by the Planning and
Zoning Board to not be detrimental to the public good and to be in
compliance with the requirements and criteria contained in Section
3 . 5 . 1 . (See Section 2 . 9 for the procedures for text amendments. )
(B) Codification of New Use. When any use has been added by the Director to
the list of permitted uses in any zone district in accordance with this
Section, such use shall be promptly considered for an amendment to the text
of this Land Use Code under Division 2 . 9 . If the text amendment is
approved, such use shall be deemed to be permanently listed in the
appropriate permitted use list of the appropriate zone district and shall be
added to the published text of this Land Use Code at the first convenient
opportunity, by ordinance of City Council pursuant to Division 2 . 9 . If the
text amendment is not approved, such use shall not be deemed permanently
listed in the zone district, except that such use shall continue to be deemed a
permitted use in such zone district for only the development proposal for
which it was originally approved under (A) above .
(C) Conditions. When any use has been added to the list of permitted uses in
any zone district in accordance with this Section, the Director (or the
Planning and Zoning Board, if applicable) may impose such conditions and
requirements on such use as are necessary or desirable to accomplish the
purposes and intent of this Land Use Code, to ensure consistency with City
Plan and its adopted components and associated sub-area plans, to prevent
or minimize adverse effects and impacts upon the public and
neighborhoods, and to ensure compatibility of uses .
2
Section 2 . That Section 2 .2 . 11 (D)(4) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows :
(4) Extensions. Extensions for two (2) successive periods of one ( 1 ) year
each may be granted by the Director, upon a finding that the plan
complies with all general development standards as contained in
Article 3 and Zone District Standards as contained in Article 4 at the
time of the application for the extension. Any additional one-year
extensions shall be approved, if at all, only by the Planning and Zoning
Board, upon a finding that the plan complies with all applicable general
development standards as contained in Article 3 and Zone District
Standards as contained in Article 4 at the time of the application for the
extension, and that (a) the applicant has been diligent in constructing
the engineering improvements required pursuant to paragraph (3 )
above, though such improvements have not been fully constructed, or
(b) due to other extraordinary and exceptional situations unique to the
property, completing all engineering improvements would result in
unusual and exceptional practical difficulties or undue hardship upon
the applicant, and granting the extension would not be detrimental to
the public good. A request for an extension of the term of vested right
under this Section must be submitted to the Director in writing at least
thirty (30) days prior to the date of expiration. Time is of the essence.
The granting of extensions by the Director under this Section may, at
the discretion of the Director, be referred to the Planning and Zoning
Board.
Section 3 . 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 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
3
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 plan approval.
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 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 (A) two (2) years from the date of the second reading of the
annexation ordinance ; (B) if such illegal use is the subject of a county-initiated
zoning or nuisance enforcement action, then within the time established by the
court as a result of such enforcement action; or (C) if such illegal use is the
subject of a zoning or nuisance complaint filed with the county and determined by
the Director to be bona fide (but which has not become the subject of an
enforcement action under (B) above or, if it has become the subject of an
enforcement action, such action has been dismissed by the court for lack of
county jurisdiction because the property has been annexed into the city), then
ninety (90) days from the date of second reading of the annexation ordinance,
whichever comes first. With respect to the time limit established in (C) above, the
Director may extend said time for an additional duration not to exceed one
hundred eighty ( 180) days if necessary to prevent or mitigate undue hardship or
manifest injustice .
Section 4 . That Section 2 . 13 . 10 of the Land Use Code is hereby amended to
read as follows :
2. 13. 10 Criteria for Vested Rights
(A) This section is intended to strictly adhere to and implement existing case
law and statutory law controlling in the State of Colorado as they relate to
the doctrine of vested rights and equitable estoppel as applied to a home
rule municipality exercising its authority and powers in land use planning,
zoning, the provisions of adequate public facilities concurrent with
development (APF), subdivision, site development, land development
regulations, and related matters addressed in this Land Use Code . It is the
express intent of the city to require application of the provisions of this
Division 2 . 13 to as much development and property in the city as is legally
possible without violating the legally vested rights of an owner developer
under case law or statutory law. The criteria herein provided shall be
considered in rendering a Vested Rights Determination hereunder. It is
intended that each case be decided on a case-by-case factual analysis . An
4
applicant shall be entitled to a positive Vested Rights Determination only
if such applicant demonstrates, by clear and convincing evidence,
entitlement to complete his or her development without regard to the
otherwise applicable provisions of this Land Use Code by reason of. (A)
the provisions of Title 24, Article 68 , C.R. S . ; (B) Section 2.2 . 11 (Lapse) of
this Land Use Code; or (C) the existence of all three (3) of the following
requirements :
(Al ) some authorized act of the city;
(132) reasonable good faith reliance upon such act by the applicant; and
(E3 ) such a substantial change in position or expenditure by the
applicant that it would be highly inequitable or unjust to destroy
the rights acquired.
(B) In evaluating whether an applicant (property owner, developer or the
successor in interest of either) has met the requirements as set forth in (C)
above, the Hearing Officer shall consider and give weight to the following
factual matters :
(D1 ) the total investment made in the project, including all costs
incurred subsequent to the act of the city relied upon by the
applicant, which costs may include, without limitation, the costs of
land acquisition, architectural and engineering fees and the costs of
on-site and off-site infrastructure improvements to service the
project;
(B2) any dedication of property made to public entities in accordance
with the approved overall development plan for the project or the
approved project development plan or plat for the project;
(F3 ) whether infrastructure improvements which have been installed
have been sized to accommodate uses approved in the approved
overall development plan or the approved project development
plan or plat for the project;
(G4) the acreage of the approved overall development plan or the
approved project development plan or plat for the project and the
number of phases within the overall development plan or the
approved project development plan or plat and their respective
acreages which have received final approval ;
(145) whether the completion of the project has been timely and
diligently pursued; and
(I6) the effect of the applicant's existing development loans on the
application of this Land Use Code to the project.
5
Section 5 . That Section 3 .2 . 1 (B) of the Land Use Code is hereby amended to
read as follows :
(B) Purpose. The intent of this Section is to require preparation of landscape
and tree protection plans that ensure significant canopy shading to reduce
glare and heat build-up, contribute to visual quality and continuity within
and between developments, provide screening and mitigation of potential
conflicts between activity areas and site elements, enhance outdoor spaces,
reduce erosion and stormwater runoff, encourage water conservation and
mitigate air pollution.
Section 6 . That Section 3 .2 . 1 (C) of the Land Use Code is hereby amended to
read as follows :
(C) General Standard. All developments shall submit a landscape and tree
protection plan, and, if receiving water service from the City, an irrigation
plan, that: ( 1 ) reinforces and extends any existing patterns of outdoor
spaces and vegetation where practicable, (2) supports functional purposes
such as spatial definition, visual screening, creation of privacy, management
of microclimate or drainage, (3) enhances the appearance of the
development and neighborhood, (4) protects significant trees, natural
systems and habitat, (5) enhances the pedestrian environment, (6) identifies
all landscape areas, (7) identifies all landscaping elements within each
landscape area, and (8) meets or exceeds the standards of this Section.
Section 7 . That Section 3 .2 . 1 (E)(3 ) of the Land Use Code is hereby amended
to read as follows :
(3 ) Water Conservation. To the extent reasonably feasible, Aall
landseapinglandscape plans shall be designed to incorporate water
conservation materials and techniques m order
to comply with each of the Xeriscape landscaping principles listed
below. Xeriscape landscaping principles do not include or allow
artificial turf or plants, mulched (including gravel) beds or areas
without landscape plant material, paving of areas not required for
walkways, plazas or parking lots, bare ground, weed covered or
infested surfaces or any landscaping that does not comply with the
standards of this section.
(a) Xeriscape landscaping principles Beare as follows :
(a) grouping plants with simi'� water requirements t$getheF On the
('�hting high-irfigation tufT and plantings to appmpriate high-
use
areas with
s it high
. ig visibility
ay. d. fiffinrt. er. al needs ;
��
1
(e) use of low w teF demanding
plants
and tGrT where- pfacticable ;
6
<<"�of eff eient irfigatieny stems;
(e) ifieefpOfation of Sail
.lye ;
(f) lino of muleheT
1 . Design. Identify zones of different water requirements
and groups plants together that have similar water
needs;
2 . Appropriate Use of Turf. Limit high-irrigation turf and
plantings to appropriate high-use areas with high
visibility and functional needs ;
3 . Low Water-using Plants . Choose low-water demanding
plants and turf where practicable;
4. Irrigation. Design, operate and maintain an efficient
irrigation system;
5 . Soil Preparation. Incorporate soil amendments before
planting;
6 . Mulch. Add mulch to planting beds to a minimum
depth of three (3) inches ;
7 . Maintenance . Provide regular and attentive
maintenance.
(b) Landscape plans submitted shall include :
I . Accurate and clear identification of all applicable
hydrozones_using the following categories :
High Hydrozone : eighteen ( 18) gallons/s . f./season
Moderate Hydrozone : ten ( 10) gallons/s. f./season
Low Hydrozone : three (3 ) gallons/s. £/season
Very Low Hydrozone : zero (0) gallons/s . £/season
2 . A water budget chart that shows the total annual water
use, which shall not exceed fifteen ( 15) gallons/square
foot over the site, including all hydrozones used on the
landscape plan.
7
Section 8 . That Section 3 .2 . 1 (I)(2) of the Land Use Code is hereby amended
to read as follows :
(2) Plant Materials. The soloed ,n f plant materials
shall be 1-.rise o.n
the City of Foft Collins' elimate and site eonditions . A list e
ll
allowablen �-1�
and r-e�of ed plant species that are highly
adaptable to the
Fort Collins , en shall be availableff �a. the
T'�or.Plant materials shall be selected from a list of native plants
and other plants determined to be appropriate for and well adapted to
local environmental conditions, as such list is established and updated
from time to time by the Director and entitled the City of Fort Collins
Plant List. Additional plants may be added to the Plant List upon a
determination by the Director that such plants are appropriate for
inclusion consistent with the above standard.
Section 9 . That Section 3 .2 . 1 (J) of the Land Use Code is hereby amended to
read as follows :
(J) Irrigation .
( 1 ) Provision shall be made for permanent, automatic irrigation of all
plant material, with the following exceptions :
(a) eeftifiedXer-iseape landseaping whi h doe not require y
:,-.-ig t: ,,,, fier suprTi ^ ' very low water use plantings that do not
require any supplemental irrigation beyond establishment.
(b) trees and other plants used to landscape a residential local street
parkway abutting lots for single-family detached dwellings .
(2) An iffiga4ien plan shall be submit4ed to and appfeve.d by the
retiefalManager of the Offi^eof Water, Wastewater- anc�
peffflit, ^ono building peftTs required,the��o ;�.,to.7
eoi�3eneef1}�l+r vrcaeirst.leotie" ir9ii" 'csr'. be, cEl &tE-A:Rd
clear-, drawn to the same scale as the—as-sociat associated landscape plan,
; nc. or-ate —tl}e City—ef �U Uf n; , i!€��t
For any development provided
water by the City, an irrigation plan shall be submitted to and
approved by the Utilities General Manager prior to the issuance of
the building permit, or if no building permit is required, then prior
to commencement of construction. As determined by the Director,
minor redevelopment or change of use projects may not be
required to submit an irrigation plan; in such cases, a written
statement shall be submitted describing the type of irrigation
system proposed. The irrigation plan shall incorporate the City of
Fort Collins Irrigation System Standards for Water Conservation
8
set forth below. In addition, the irrigation system must be inspected
for compliance with the approved irrigation plan before the
issuance of a Certificate of Occupancy.
(3 ) The City of Fort Collins Irrigation System Standards for Water
Conservation are as follows :
(a) Irrigation Methods and Layout
1 . The irrigation system shall be designed according to
the hydrozones shown on the landscape plan.
2 . Each zone shall irrigate a landscape with similar
site, soil conditions and plant material having
similar water needs . To the extent reasonably
feasible, areas with significantly different solar
exposures shall be zoned separately.
3 . Turf and non-turf areas shall be irrigated on
separate zones .
4. On steep grades, an irrigation method with a lower
precipitation rate shall be used in order to minimize
runoff and, to the extent reasonably feasible, these
areas shall be zoned separately.
5 . Drip, micro-sprays, sprayheads and rotors shall not
be combined on the same zone.
6 . The irrigation method shall be selected to correlate
with the plant density. Drip irrigation or bubblers
shall be used for sparsely-planted trees and shrubs,
and rotors, sprayheads and multi jet rotary nozzles
shall be used for turfgrass .
(b) Equipment Selection
1 . In order to reduce leakage of water from the
irrigation system, a master shut-off valve shall be
installed downstream of the backflow device to shut
off water to the system when not operating.
2 . For irrigation systems that are on a combined-use
tap, with a water meter installed upstream to
9
measure total water use, the installation of an
irrigation-only submeter should be considered. The
purpose of the submeter would be to enable the
owner and landscape maintenance contractor to
monitor water use for irrigation. The submeter
would not be used for billing purposes . The cost of
installation and maintenance of a submeter, if used,
would be borne by the owner of the property, and
not by the City. All such submeters would have to
be installed in accordance with the specifications
established by the City.
3 . Irrigation controller(s) shall be "smart" controllers,
using climate-based or soil moisture-based
technology, selected from the Irrigation
Association ' s current Smart Water Application
Technologies (SWAT) tested products list or other
similarly tested product list. Controllers shall be
installed and programmed according to
manufacturer' s specifications .
a. A data input chart for the Smart Controller,
including the precipitation rate from the
audit, shall be posted at each irrigation
controller.
b. Within six (6) weeks of the installation of
new landscaping, the irrigation system
Smart Controllers shall be reset to the
normal seasonal watering schedule .
4. A rain sensor shall be installed on each irrigation
controller and installed according to the
manufacturer' s specifications .
5 . Sprinklers and nozzles shall meet the following
requirements :
a. The type of sprinkler and associated nozzles
shall be selected to correlate with the size
and geometry of the zone being irrigated.
b. Sprinklers shall be spaced no closer than
seventy-five (75) percent of the maximum
radius of throw for the given sprinkler and
10
nozzle . Maximum spacing shall be head-to-
head coverage .
c . Coverage arcs and radius of throw for turf
areas shall be selected and adjusted to water
only turf areas and minimize overspray onto
vegetated areas, hard surfaces, buildings,
fences, or other non-landscaped surfaces .
d. Sprinklers, bubblers or emitters on a zone
shall be of the same manufacturer.
e . Sprayheads in turf areas shall have a
minimum three and one-half (3 1 /2) inch
pop-up riser height.
f. Sprayheads on a zone shall have matched
precipitation nozzles .
g. Nozzles for rotors shall be selected to
achieve an approximate uniform
precipitation rate throughout the zone.
h. All sprayheads and rotors shall be equipped
with check valves. Sprayheads shall also
have pressure regulating stems.
6 . Pressure-compensating emitters shall be used for
drip irrigation. For sloped areas, a check valve shall
be installed and the drip line shall be parallel to the
slope.
7 . Remote control valves shall have flow control.
8 . A backflow prevention assembly shall be installed
in accordance with local codes . All backflow
assemblies shall be equipped with adequately sized
winterization ports downstream of the backflow
assembly.
9 . Properties with single or combined point of
connection flows of two hundred (200) gpm or
greater shall have a control system capable of
providing real-time flow monitoring and the ability
to shut down the system in the event of a high flow
condition.
11
(c) Sleeving
1 . Separate sleeves shall be installed beneath paved
areas to route each run of irrigation pipe or wiring
bundle . The diameter of sleeving shall be twice that
of the pipe or wiring bundle.
2 . The sleeving material beneath sidewalks, drives and
streets shall be PVC Class 200 pipe with solvent
welded joints.
(d) Water Pressure
1 . The irrigation system designer shall verify the
existing available water pressure .
2 . The irrigation system shall be designed such that the
point-of-connection design pressure, minus the
possible system pressure losses, is greater than or
equal to the design sprinkler operating pressure .
3 . All pop-up spray sprinkler bodies equipped with
spray nozzles shall operate at no less than twenty
(20) psi and no more than thirty (30) psi.
4. All rotary sprinklers and multi-stream rotary
nozzles on pop-up spray bodies shall operate at the
manufacturer' s specified optimum performance
pressure.
5 . If the operating pressure exceeds the manufacturer' s
specified maximum operating pressure for any
sprinkler body, pressure shall be regulated at the
zone valve or sprinkler heads .
6 . Booster pumps shall be installed on systems where
supply pressure does not meet the manufacturer' s
minimum recommended operating pressure for
efficient water distribution.
(e) Sprinkler Performance Audit
12
1 . A sprinkler performance audit shall be performed
by a landscape irrigation auditor certified by the
Irrigation Association (a non-profit industry
organization dedicated to promoting efficient
irrigation) .
2 . The audit shall include measurement of distribution
uniformity. Minimum acceptable distribution
uniformities shall be sixty (60) percent for
sprayhead zones and seventy (70) percent for rotor
zones. Sprayhead zones shall include zones with
multi-stream rotary nozzles.
3 . The audit shall measure the operating pressure for
one sprinkler on each zone to determine whether the
zone meets the above pressure requirements .
4. A copy of the sprinkler performance audit shall be
submitted to and approved by the City before
issuance of a certificate of occupancy.
Section 10 . That Section 3 .2 .2(K)(1 )(a) of the Land Use Code is hereby
amended to read as follows :
(K) Parking Lots - Required Number of Off-street Spaces for Type of Use.
( 1 ) Residential and Institutional Parking Requirements. Residential and
institutional uses shall provide a minimum number of parking spaces
as defined by the standards below.
(a) Attached Dwellings : For each two-family and multi-family
dwelling there shall be parking spaces provided as indicated by
the following table :
Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit
One or less 1 .5
Two 1 .75
Three 2.0
Four and above 2.5
* Spaces that are located in detached residential garages (but not including parking
structures) or in attached residential garages, which attached garages do not provide
direct entry into an individual dwelling unit, may be credited toward the minimum
requirements contained herein only if such spaces are made available to dwelling
unit occupants at no additional rental or purchase cost (beyond the dwelling unit
rental rate or purchase price).
13
1 . Multi-family dwellings and mixed-use dwellings within the
Transit-Oriented Development (TOD) Overlay Zone shall
have no minimum parking requirements .
Section 11 . That Section 3 . 3 .2(F)(2) of the Land Use Code is hereby amended
to read as follows :
(2) Costs and Reimbursements.
(a) Ix», o„ the, ay. ,eloper- f any pr-epefty ,. onst,. ets a Off-site
streets, street intersections, sidewalks, alleys, paths or other related
improvements to serve the development site or ^^^ such
improvements along the perimeter of the development site, shall be
funded by the developer unless otherwise agreed by the City
Manager, in his/her discretion. The developer (and others providing
funding, including but not limited to the City) may be entitled to
request reimbursement under paragraph (b) .
(b) tThe entire cost of such construction (including right-of-
way acquisition) shall be the responsibility of such developer. If,
within twelve ( 12) months of the completion and acceptance by the
city of such improvements, the developer installing such
improvements (the "InstallingFunding Developer") has entered into a
reimbursement agreement with the city in the manner prescribed by
this Section, then, at the time that other property adjacent to the
improvements (the "Adjacent Property") is developed or redeveloped
and access to such improvements is accomplished or other benefit
from such improvements is conferred, the city may collect from the
developer of the Adjacent Property a proportionate charge, based
upon the cost incurred by the installingFunding Developer, plus an
inflation factor, and based upon the benefit conferred upon the
Adjacent Property. For the purpose of this provision, benefit to the
Adjacent Property may include, among other things, the construction
of improvements that will allow the Adjacent Property to be
developed in accordance with the requirements of Section 3 . 6 .4,
where, in the absence of the improvements, such development would
not be allowed to proceed. Said charge, if imposed by the city, shall
be paid prior to the issuance of any building permits for the Adjacent
Property ; provided, however, that the city shall not attempt to make
such collection unless the reimbursement agreement has been timely
and properly prepared, executed and delivered to the city. If such
charge is collected, the city shall reimburse the installingFunding
Developer to the extent of such collection after deducting a service
charge of three (3 ) percent to cover administrative costs . All costs for
the construction (including right-of-way acquisition) of such
improvements must be fully paid by the Trn�Funding Developer
before such person shall be entitled to reimbursement under any
14
agreement established hereunder. The amount of the reimbursement
assessed by the city for each Adjacent Property as it develops shall be
based on: ( 1 ) The fair market value (as determined by the city) of
any right-of-way acquired by the hista4ingFunding Developer that
was needed for, and is directly attributable to, the improvements; and
(2) The original cost of design and construction of the improvements
plus an adjustment for inflation based on the construction cost index
for Denver, Colorado, as published monthly by "Engineering News
Record. " (If said index shows deflation, the adjustment shall be made
accordingly, but not below the original cost as submitted by the
installingFunding Developer and approved by the City Engineer.)
The original cost of the right-of-way and design and construction
shall mean the cost of right-of-way acquisition, financing,
engineering, construction and any other costs actually incurred which
are directly attributable to the improvements, including any costs
incurred for the formation or administration of a special improvement
district. The city's obligation to reimburse the installingFunding
Developer shall be contingent upon the city's actual collection of the
charge from the developer of the Adjacent Property . In order to
obtain approval of a reimbursement agreement from the city, the
Installing Developer shall provide the City Engineer with copies of
the following, after acceptance of the improvements :
(a) real estate closing documents and/or appraisals or other
documents showing to the satisfaction of the city the fair market
value of the right-of-way for the improvements ;
(b) an invoice from the instalfingFunding Developer's engineer for
any fee assessed on the project;
(c) the contractor's application for final payment approved by the
installingFunding Developer's engineer;
(d) a letter from the installingFunding Developer and/or contractor
certifying that final payment has been received by the
contractor;
(e) a letter from the installingFunding Developer and/or engineer
certifying that final payment of engineering fees has been made ;
(f) a letter from the Funding Developer certifying the portion of the
cost which has been funded by such developer and also any
portions funded by others, and naming such proportionate
contributors, if any.
(fg) a map prepared by a licensed engineer or surveyor which
shows :
15
1 . the location of the improvements constructed;
2 . the name of the owner of each Adjacent Property which is
benefited by the improvements ;
3 . the proportionate benefit conferred upon each Adjacent
Property, together with the assessment due based on the
original costs;
4. the acreage and parcel number of each Adjacent Property;
5 . a reference to the book, page and reception number from
the records of the county Clerk and Recorder where the
information for each property was obtained; and
6 . any other information deemed necessary by the City
Engineer.
Any right to reimbursement pursuant to this provision shall not
exceed a period of ten ( 10) years from the acceptance by the city of
the street improvements . The City Council may approve extensions
of the reimbursement agreement for additional ten-year periods . No
such reimbursement shall be made unless the person entitled to
reimbursement has fully satisfied his or her obligations under any
other reimbursement agreements with the city.
Section 12 . That Section 3 . 5 .2(D) of the Land Use Code is hereby amended by
the addition of a new subparagraph (6) which reads in its entirety as follows :
(6) Setback for Windmills . Windmills shall be set back from the
property lines a minimum of one ( 1 ) foot for every foot of height
of the structure measured from the ground to the top of the highest
blade of the windmill .
Section 13 . That Section 3 . 8 . 19(C) of the Land Use Code is hereby amended to
read as follows :
(C) Front Setbacks on Corner Lots. In the case of corner lots, the aide of
'ro^t AVATith the shevtost street rt-ageonly one ( 1 ) street line shall be
considered as a front line, and the street to which the primary entrance of
the principal building faces or to which the building is addressed shall be
considered the " f� sotbaekfront line for purposes of determining the
front setback.
Section 14 . That Section 3 . 9 . 3 , including the replacement of the graphic under
subsection (C), of the Land Use Code of the City of Fort Collins, is hereby amended to
read as follows :
16
3 . 9 .3 C ,..,, _ ereif Building Placement Standards
(A) Minimum setback of any building on a lot, tract, or parcel of land adjoining
the I-25 right-of-way shall be two hundred five (205 ) feet from the
centerline of I-25 .
(B) Outside of I-25 activity centers, Tthe placement of a ^^building
on a lot, tract or parcel of land adjoining the I-25 right-of-way where the
building is located ^'^between two hundred five (205) feet and two
hundred forty-five (245 ) feet from the centerline of I-25 shall be restricted
so that no more than fifty (50) percent of the total frontage of the lot, tract
or parcel of land is occupied by the building.
(BC) Outside of I-25 activity centers, Tthe placement of a C^�building
on a lot, tract or parcel of land adjoining the I-25 right-of-way where the
building is located a minimuin ofmore than two hundred forty-five (245 )
feet from the centerline of I-25 shall be restricted so that no more than sixty
(60) percent of the total frontage of the lot, tract or parcel of land is
occupied by the building.
Outside of Activity Centers maximum building
frontage allowances are dependent upon setback
distances from the I - 25 Centerline .
Eventual Access
• • • - • • • - • 1 ' from Parallel Road
System
Section 15 . That Section 4 . 1 (13) (2)(b) 1 of the Land Use Code is hereby
amended to read as follows :
17
1 . Minor Ppublic facilities.
Section 16 . That Section 4.2(B)(2)(b) l of the Land Use Code is hereby
amended to read as follows :
1 . Minor Ppublic facilities .
Section 17 . That Section 4. 3 (B)(3 )(b)3 of the Land Use Code is hereby
amended to read as follows :
3 . Minor Ppublic facilities.
Section 18 . That Section 4.4(B)(2)(b)2 of the Land Use Code is hereby
amended to read as follows :
2 . Minor Ppublic facilities .
Section 19 . That Section 4 . 5 (B)(2)(b)3 of the Land Use Code is hereby
amended to read as follows :
3 . Minor Ppublic facilities .
Section 20 . That Section 4 . 6(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows :
4. Minor Ppublic facilities .
Section 21 . That Section 4. 7(B)(3 )(b)4 of the Land Use Code is hereby
amended to read as follows :
4. Minor Ppublic facilities.
Section 22 . That Section 4. 8(B)( 1 )(b)2 of the Land Use Code is hereby
amended to read as follows :
2 . Minor Ppublic facilities .
Section 23 . That Section 4 . 8 (F)(2)(b) of the Land Use Code is hereby amended
to read as follows :
(b) Eave Height.
1 . The exterior eave height of an eave along a side lot line
shall not exceed thirteen ( 13 ) feet from grade for a dwelling
unit located at the rear of the lot or an accessory building
with habitable space .
18
2 . The exterior eave height of an eave along a side lot line
shall not exceed ten ( 10) feet from grade for an accessory
building containing no habitable space.
3 . If a second story has an exterior wall that is set back from
the lower story's exterior wall, the eave height shall be the
point of an imaginary line at which the upper story's
roofline (if extended horizontally) would intersect with the
lower story's exterior wall (if extended vertically) .
(See illustration contained in Division 4 . 7 . )
Section 24 . That Section 4 . 9(B)( 1 )(b)2 of the Land Use Code is hereby
amended to read as follows :
2 . Minor gpublic facilities .
Section 25 . That Section 4 . 9(E)(2)(b) of the Land Use Code is hereby amended
to read as follows :
(b) Eave Height.
1 . The exterior eave height of an eave along a side lot line
shall not exceed thirteen ( 13 ) feet from grade for a dwelling
unit located at the rear of the lot or an accessory building
with habitable space .
2 . The exterior eave height of an eave along a side lot line
shall not exceed ten ( 10) feet from grade for an accessory
building containing no habitable space.
3 . If a second story has an exterior wall that is set back from
the lower story's exterior wall, the eave height shall be the
point of an imaginary line at which the upper story's
roofline (if extended horizontally) would intersect with the
lower story's exterior wall (if extended vertically) .
(See illustration contained in Division 4 . 7) .
Section 26 . That Section 4 . 10(13)(2)(b)4 of the Land Use Code is hereby
amended to read as follows :
4. Minor gpublic facilities.
Section 27 . That Section 4. 13 (13)(2)(a)3 of the Land Use Code is hereby
amended to read as follows :
3 . Minor gpublic facilities .
19
Section 28 . That Section 4. 14(B)(2)(b) 1 of the Land Use Code is hereby
amended to read as follows :
1 . Minor Ppublic facilities .
Section 29 . That the table contained in Section 4 . 16(B)(2)B of the Land Use
Code is hereby amended to read as follows :
B.
INSTITUTIONAL/C
IVIC/PUBLIC
Places of worship or Type Type Type
assembly 1 1 2
Public and private BDR Type Type
schools (colleges, 1 1
universities, vocation
training)
Public and private Type Type Type
schools (elementary, 2 2 2
intermediate and high
school education)
Community facilities Type Type Type
1 1 1
Long-term care Type Type Type
facilities 2 2 2
Minor P-public BDR Type Type
facilities 1 1
Parks, recreation and Type Type Type
other open lands, 1 1 1
except neighborhood
parks as defined by
the Parks and
Recreation Policy
Plan
Transit facilities Type Type Type
(without 2 2 2
repair/storage)
Jails, detention and Not Not Type
penal centers Per Perm 2
mitte itted
d
Section 30 . That Section 4 . 17(B)(2)(b)4 of the Lane Use Code is hereby
amended to read as follows :
4. Minor Ppublic facilities .
Section 31 . That Section 4 . 18 (B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows :
4. Minor Ppublic facilities.
20
Section 32 . That Section 4. 19(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows :
4 . Minor Ppublic facilities .
Section 33 . That Section 4 .20(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows :
4. Minor Ppublic facilities .
Section 34 . That Section 4 .21 (B)(2)(b)2 of the Land Use Code is hereby
amended to read as follows :
2 . Minor Ppublic facilities.
Section 35 . That Section 4 .21 (B)(2)(a) of the Land Use Code is hereby
amended to read as follows :
(a) Institutional/Civic/Public Uses .
1 . Public and private schools, including colleges, universities,
vocational and technical training.
2 . Community facilities .
3 . Hospitals .
4. Major public facilities .
Section 36 . That Section 4.22(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows :
4. Minor Ppublic facilities .
Section 37 . That Section 4.22(B)(3 ) of the Land Use Code is hereby amended
to read as follows :
(3 ) The following uses are permitted in the C- S District, subject to review
by the Planning and Zoning Board :
(a) Institutional/Civic/Public Uses :
1 . Major public facilities .
(ab) Commercial/Retail Uses :
1 . Drive-in restaurants .
21
2 . Large retail establishments .
3 . Day shelters, provided that they do not exceed ten thousand
( 10,000) square feet and are located within one thousand
three hundred twenty ( 1 ,320) feet (one-quarter [ 1/4] mile) of a
Transfort route.
(bc) Industrial Uses :
1 . Recycling facilities .
2 . Transport terminals (truck terminals, public works yards,
container storage) .
Section 38 . That Section 4 . 23 (B)(2)(b)3 of the Land Use Code is hereby
amended to read as follows :
3 . Minor P-public facilities .
Section 39 . That the table contained in Section 4.24(B)(2)B of the Land Use
Code is hereby amended to read as follows :
Land Use Riverside All
Area Other
Areas
B. INSTITUTIONAL/CWIC/PUBLIC
Places of worship or assembly BDR Type
1
Transit facilities (without repair and BDR Type
storage) 1
Parks, recreation and other open lands, Type 1 Type
except neighborhood parks as defined by 1
the Parks and Recreation Policy Plan
Community facilities Not Type
Permitted 1
Public and private schools for college, Type 1 Type
university vocational or technical training 1
Minor Ppublic facilities Type 1 Type
1
Neighborhood parks as defined by the BDR BDR
Parks and Recreation Policy Plan
Major public facilities Type 2 Type
2
Section 40 . That Section 4. 26(13)(2)(b)5 of the Land Use Code is hereby
amended to read as follows :
5 . Minor Ppublic facilities .
22
Section 41 . That Section 4.27(B)(2)(b)2 of the Land Use Code is hereby
amended to read as follows :
2 . Minor Ppublic facilities.
Section 42 . That Section 4 . 27(B)(2)(d)6 of the Land Use Code is hereby
amended to read as follows :
6 . Warehouse
Section 43 . That Section 4 .28(B)(2)(b) of the Land Use Code is hereby
amended to read as follows :
(b) Institutional/Civic/Public Uses .
1 . Public and private schools, including colleges, universities,
vocational and technical training.
2 . Minor Ppublic facilities .
3 . Community facilities.
4. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and Recreation
Policy Plan.
5 . Transit facilities with or without outdoor repair and storage .
6 . Places of worship or assembly.
7 . Major public facilities .
Section 44 . That Section 4 . 28(B)(2)(d) 8 of the Land Use Code is hereby
amended to read as follows :
8 . Warehouse
Section 45 . That Section 4 .28 (D)( 1 ) of the Land Use Code is hereby amended
to read as follows :
(D) Land Use Standards.
( 1 ) Dimensional Standards.
(a) Maximum height for all nonresidential buildings, including
those containing mixed-use dwelling units, shall be four (4)
stories . Maximum height for residential
buildings steal by thfee
}
23
(b) All new structures greater than fifty thousand (50,000) square
feet in gross leasable area shall be subject to Planning and
Zoning Board review.
(c) Any building addition that exceeds fifty thousand (50,000)
square feet in gross leasable area and exceeds twenty-five (25)
percent of the gross leasable area of the existing building shall be
subject to Planning and Zoning Board review.
Section 46 . That the definition of "Development' contained in Section 5 . 1 .2 of
the Land Use Code is hereby amended to read as follows :
Development shall mean the carrying out of any building activity or mining
operation, the making of any material change in the use or appearance of any
structure or land, or, except as is authorized in Section 1 .4 . 7, the dividing of land
into two (2) or more parcels .
( 1 ) Development shall also include :
(a) any construction, placement, reconstruction, alteration of the
size, or material change in the external appearance of a structure
on land;
(b) any change in the intensity of use of land, such as an increase in
the number of dwelling units in a structure or on a tract of land
or a material increase in the intensity and impacts of the
development;
(c) any change in use of land or a structure ;
(d) any alteration of a shore or bank of a river, stream, lake, pond,
reservoir or wetland;
(e) the commencement of drilling (except to obtain soil samples),
mining, stockpiling of fill materials, filling or excavation on a
parcel of land;
(f) the demolition of a structure;
(g) the clearing of land as an adjunct of construction;
(h) the deposit of refuse, solid or liquid waste, or fill on a parcel of
land.
(i) the installation of landscaping within the public right-of-way,
when installed in connection with the development of adjacent
property.
24
(j) the construction of a roadway through or adjoining an area that
qualifies for protection by the establishment of limits of
development.
(2) Development shall not include :
(a) work by a highway or road agency or railroad company for the
maintenance or improvement of a road or railroad track, if the
work is carried out on land within the boundaries of the right-
of-way;
(b) work by any public utility for the purpose of inspecting,
repairing, renewing or constructing, on public easements or
rights-of-way, any mains, pipes, cables, utility tunnels, power
lines, towers, poles, tracks or the like ; provided, however, that
this exemption shall not include work by a public utility in
constructing or enlarging mass transit or railroad depots or
terminals or any similar traffic-generating activity;
(c) the maintenance, renewal, improvement, or alteration of any
structure, if the work affects only the interior or the color of the
structure or the decoration of the exterior of the structure ;
(d) the use of any land for the purpose of growing plants, crops,
trees and other agricultural or forestry products; for raising or
feeding livestock (other than in feedlots) ; or for other
agricultural uses or purposes, provided none of the above
creates a nuisance;
(e) a change in the ownership or form of ownership of any parcel or
structure;
(f) the creation or termination of rights of access, easements,
covenants concerning development of land, or other rights in
land.
(g) work by an irrigation company for the maintenance or public
safety improvements of a lake, reservoir, or irrigation canal
owned or operated by the irrigation company and within the
boundaries of the irrigation company ' s property or easements .
(3 ) When appropriate in context, development shall also mean the act of
developing or to the result of development.
Section 47 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the
addition of a new definition "Hydrozone" which shall read in its entirety as follows :
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Hydrozone shall mean an area within the landscape defined by a grouping of
plants requiring a similar amount of water to sustain health. For the purposes of
this document, hydrozones are divided into the following four categories :
( 1 ) Very low hydrozones include plantings that need water when first planted,
but none once established. Typical plants in this hydrozone include
yarrow, rabbitbrush and many native plants .
(2) Low hydrozones include plantings that generally do not require more than
three (3 ) gallons per square foot of supplemental water per year. During
plant establishment or drought, additional supplemental water may be
beneficial . Typical plants in this hydrozone include buffalograss,
penstemon and daylily.
(3) Moderate hydrozones include plantings that generally require ten ( 10)
gallons per square foot of water supplemental water per year. Typical
plants in this hydrozone include turf-type tall fescue, potentilla and purple
coneflower.
(4) High hydrozones include plantings that generally require eighteen ( 18)
gallons of water per square foot of supplemental water per year. Typical
plants in this hydrozone include Kentucky bluegrass, cottonwood,
arborvitae and columbine.
Section 48 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the
addition of a new definition "Minor public facilities" which shall read in its entirety as
follows :
Minor public facilities shall mean structures or facilities, such as electrical
generating and switching stations, sub-stations, underground vaults, poles,
conduits, water and sewer lines, pipes, pumping stations, natural gas pressure
reducing stations, repeaters, antennas, transmitters and receivers, valves, and
stormwater detention ponds, that are not occupied by persons on a daily basis
except for periodic inspection and maintenance and are capable of operation
without daily oversight by personnel, and do not generate daily traffic . Such
facilities also include similar structures for fire protection, emergency service, and
parks and recreation and natural areas . Minor Public Facilities shall not include
outdoor storage and wireless telecommunications equipment or facilities .
Section 49 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the
addition of a new definition "Major public facilities" which shall read in its entirety as
follows :
Major Public Facilities shall mean structures or facilities such as electrical
generation power plants, water treatment plants, wastewater treatment plants,
natural gas generation power plants, railroad depots, and transportation fleet
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maintenance facilities, that are generally occupied by persons on a daily basis to
conduct operations and that contain or involve traffic-generating activities. Major
Public Facilities include outdoor storage but shall not include wireless
telecommunications equipment or facilities .
Section 50 . That the definition "public facilities" contained in Section 5 . 1 .2 of
the Land Use Code is hereby deleted in its entirety as follows :
recreation and/of natufal area pfogfam systems of facilities , watef systems of
f4eilities, wastewa*r- systems or- > ,
facilities,fife, poliee and emefgency systems of electfic utilities, gas utilities,
Introduced, considered favorably on first reading, and ordered published this 2nd
day of June, A.D . 2009, and to be presented for final passage on the 7th day of July, A.D .
2009 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 7th day of July, A.D . 2009 .
Mayor
ATTEST :
City Clerk
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