HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - SECOND READING OF ORDINANCE NO. 104, 2006, MAKING ITEM NUMBER: 42
AGENDA ITEM SUMMARY DATE: July 18, zoos
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
Cameron Gloss
SUBJECT
Second Reading of Ordinance No. 104,2006,Making Various Amendments to the Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 6, 2006,by a vote of 6-1 (Nays: Ohlson),makes
amendments to the Land Use Code to resolve implementation issues and to improve both the overall
quality and "user-friendliness" of the Code. One section concerning downtown building height
standards was removed at First Reading for consideration at another date.
ITEM NUMBER: 33
AGENDA ITEM SUMMARY DATE: June 6, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
Cameron Gloss
SUBJECT V y
First Reading of Ordinance No. 104, 2006, Making Various Amendments to the Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
On May 18, 2006, the Planning and Zoning Board voted 7-0 to approve 14 of the 16 proposed
changes. On the item clarifying the height regulations in the Downtown Civic Center and Canyon
Avenue subdistricts (Item 730), the Board voted 4-3 to approve the proposed change. On the item
expanding the Supplemental Notice Requirements (Item 732), the Board voted 6-1 to approve the
proposed change.
EXECUTIVE SUMMARY COPY
Staff has identified a variety ofproposed changes,additions and clarifications in the Spring biannual
update of the Land Use Code. 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.
BACKGROUND
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a biannual basis to make changes,additions,deletions and clarifications that have
been identified in the preceding six months.
ATTACHMENTS
1. Land Use Code Issues.
2. A description of the changes made since the Council work session of March 28, 2006.
3. Summary of the Planning and Zoning Board's action.
4. Supplemental materials provided to Planning and Zoning Board.
5. Land Use Code Revisions - Annotated Ordinance Index.
6. Powerpoint presentation.
ORDINANCE NO. 104, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 051, 1997, the Council of the
City of Fort Collins adopted the Fort Collins Land Use Code(the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a dynamic document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
Land Use Code and have made recommendations to the Council regarding such issues;
and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That Section 2.2.6(A) of the Land Use Code is hereby amended to
read as follows:
(A) Mailed Notice. The Director shall mail written notice to the owners of
record of all real property within eight hundred (800) feet (exclusive of
public rights-of-way, public facilities, parks or public open space) of the
property lines of the parcel of land for which the development is planned.
Owners of record shall be ascertained according to the records of the Latimer
County Assessor's Office, unless more current information is made available in
writing to the Director prior to the mailing of the notices. If the development
project is of a type described in the Supplemental Notice Requirements of
Section 2.2.6(D), then the area of notification shall conform to the expanded
notice requirements of that Section. In addition, the Director may further
expand the notification area. Formally designated representatives of bona
fide neighborhood groups and organizations and homeowner's associations
within the area of notification shall also receive written notice. Such
written notices shall be mailed at least fourteen (14) days prior to the public
hearing/meeting date. The Director shall provide the applicant with a map
delineating the required area of notification, which area may be extended by
the Director to the nearest streets or other distinctive physical features
which would create a practical and rational boundary for the area of
notification. The applicant shall pay postage and handling costs of fifty
cents ($.50) per notice. Failure to mail such notice shall not affect the
validity of any hearing, meeting or determination by the decision maker.
Section 2. That Section 2.2.6(D) of the Land Use Code is hereby amended to
read as follows:
(D) Supplemental Notice Requirements.
All developments except as described 800feet 5.4 square feet
below.
Developments proposing more than fifty 800feet 5.4 square feet
(50)and less than one hundred(100)single-
family or two-family lots or dwelling units.
Developments proposing more than twenty- 800feet 5.4 square feet
five (25) and less than one hundred (100)
multi-family dwelling units.
Nonresidential developments containing 800feet 5.4 square feet
more than twenty-five thousand (25,000)
and less than fifty thousand(50,000) square
feet of floor area.
Developments proposing one hundred(100) 1,000 feet 12 square feet
or more single-family or two-family lots or
dwelling units.
Developments proposing one hundred(100) 1,000 feet 12 square feet
or more multi-family dwelling units.
Nonresidential developments containing 1,000 feet 12 square feet
fifty thousand (50,000) or more square feet
of floor area.
Nonresidential developments which 1,000 feet; plus, with respect 12 square feet
propose land uses or activities which, in the to neighborhood meetings,
judgment of the Director, create community publication of a notice not
or regional impacts. less than seven(7) days prior
to the meeting in a
newspaper of general
circulation in the city.
Zonings and Rezonings of forty (40) acres 800 feet 5.4 square feet
or less
Zonings and Rezonings of more than forty 1,000 feet 12 square feet
(40)acres
Section 3. That Section 2.2.10(A)(1) of the Land Use Code is hereby
amended to read as follows:
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(1) any change to any approved development plan or any site specific
development plan (except a minor subdivision [no longer authorized
in this Land Use Code]) which was originally subject only to
administrative review and was approved by the Director, or any
change of use of any property that was developed pursuant to a basic
development review or a use-by-right review under prior law,
provided that such change would not have disqualified the original
plan from administrative review had it been requested at that time;
and provided that:
(a) the minor amendment results in an increase by one (1) percent
or less in the approved number of dwelling units, except that in
the case of a change of use of any property that was developed
pursuant to a basic development review or use-by-right review
under prior law, the number of dwelling units proposed to be
added may be four(4) units or less; or
(b) the minor amendment results in an increase or decrease in the
amount of square footage of a nonresidential land use or
structure that does not change the character of the project; or
g P J
(c) the minor amendment results in a change in the housing mix or
use mix ratio that complies with the requirements of the zone
district and does not change the character of the project; or
(d) the minor amendment does not result in a change in the
character of the development.
(e) the minor amendment does not result in new buildings, building
additions or site improvements, such as parking lots and
landscaping, that are proposed to be located outside the
boundaries of the approved site specific development plan.
(0 the minor amendment results in a decrease in the number of
approved dwelling units and does not change the character of
the project, and that the plan as amended continues to comply
with the requirements of this Land Use Code.
Section 4. That Section 2.9.4(F) of the Land Use Code is hereby amended to
read as follows:
(F) Step 6(Notice):
(1) Text Amendments. Not applicable, and in substitution therefor, notice
of the Planning and Zoning Board hearing shall be given in
accordance with Section 2-72 of the City Code. (However, for text
amendments proposed pursuant to Section 1.3.4(C), Section 2.2.6(C)
shall apply, and in addition the notice shall name the specific
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proposed new use [or uses] to be added to the zone district list of
permitted uses.)
(2) Zonings or Rezonings of no more than six hundred forty (640) acres
(quasi-judicial). Section 2.2.6(A) shall apply except that the notice
provided for therein shall be mailed at least seven (7) days prior to the
public hearing/meeting date (instead of fourteen [14] days) and shall
identify the proposed new zone district(s), as well as the uses permitted
therein, shall indicate whether a neighborhood meeting will be held with
regard to the proposed zoning or rezoning, and shall inform the recipient
of the notice of the name, address and telephone number of the Director,
to whom questions may be referred with regard to such zoning change.
Section 2.2.6(B), (C) and(D) shall apply and the published notice given
pursuant to Section 2.2.6(C) shall provide the time,date and place of the
hearing, the subject matter of the hearing and the nature of the proposed
zoning change.
(3) Zonings or Rezonings of more than six hundred forty (640) acres
(legislative). Section 2.2.6(C) shall apply. Section 2.2.6(A), (B) and
(D) shall not apply.
Section 5. That Section 2.9.4(H) of the Land Use Code is hereby amended to
read as follows:
(H) Step 8 (Standards): Applicable, as follows:
(1) Text Amendments and Legislative Zonings or Rezonings.
Amendments to the text of this Land Use Code, and amendments to
the Zoning Map involving the zoning or rezoning of more than six
hundred forty (640) acres of land (legislative rezoning), are matters
committed to the legislative discretion of the City Council, and
decisions regarding the same are not controlled by any one (1) factor.
(2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings.
Any amendment to the Zoning Map involving the zoning or rezoning
of six hundred forty (640) acres of land or less (a quasi-judicial
rezoning) shall be recommended for approval by the Planning and
Zoning Board or approved by the City Council only if the proposed
amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood
surrounding and including the subject property.
(3) Additional Considerations for Quasi-Judicial Zonings or Rezonings.
In determining whether to recommend approval of any such proposed
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amendment, the Planning and Zoning Board and City Council may
consider the following additional factors:
(a) whether and the extent to which the proposed amendment is
compatible with existing and proposed uses surrounding the
subject land, and is the appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment, including, but not limited to, water, air, noise,
stormwater management, wildlife, vegetation, wetlands and the
natural functioning of the environment;
(c) whether and the extent to which the proposed amendment
would result in a logical and orderly development pattern.
Section 6. That Section 3.2.1(K) of the Land Use Code is hereby amended to
read as follows:
(K) Utilities. Landscape and utility plans shall be coordinated. The following
list sets forth minimum dimension requirements for the most common
tree/utility separations. Exceptions to these requirements may occur where
utilities are not located in their standard designated locations, as approved
by the Director. Tree/utility separations shall not be used as a means of
avoiding the planting of required street trees.
(1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet
between ornamental trees and streetlights. (See Figure 2.)
(2) Ten(10) feet between trees and water or sewer mains.
(3) Six (6) feet between trees and water or sewer service lines.
(4) Four(4) feet between trees and gas lines.
(5) Street trees on local streets planted within the eight-foot-wide utility
easement may conflict with utilities. Additional conduit may be
required to protect underground electric lines.
Section 7. That Section 3.3.1(C)(1) of the Land Use Code is hereby amended
to read as follows:
(1) An applicant shall be required to dedicate rights-of-way for public
streets, drainage easements and utility easements as needed to
serve the area being developed and/or platted. In cases where any
part of an existing road is abutting or within the tract being
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developed and/or subdivided, the applicant shall dedicate such
additional right-of-way as may be necessary to increase such
roadway to the minimum width required under this Land Use Code
for such street.
Section 8. That Section 3.5.1(C) of the Land Use Code is hereby amended to
read as follows:
(C) Building Size, Height, Bulk, Mass, Scale. Buildings shall either be similar
in size and height, or, if larger, be articulated and subdivided into massing
that is proportional to the mass and scale of other structures, if any, on the
same block face, opposing block face, or cater-comer block face at the
nearest intersection. (See Figure 7.)
Section 9. That Section 3.5,1(J) of the Land Use Code is hereby amended to
read as follows:
(J) Operational/Physical Compatibility Standards. Conditions may be
imposed upon the approval of development applications to ensure that new
development will be compatible with existing neighborhoods and uses.
Such conditions may include, but need not be limited to, restrictions on:
( •
) hours of op deliveries,1 operation and
(2) location on a site of activities that generate potential adverse impacts
on adjacent uses such as noise and glare;
(3) placement of trash receptacles;
(4) location of loading and delivery zones;
(5) light intensity and hours of full illumination;
(6) placement and illumination of outdoor vending machines;
(7) location and number of off-street parking spaces.
Section 10. That Section 3.6.1(C) of the Land Use Code is hereby amended to
read as follows:
(C) Compliance with Access Control Plans. The State Highway Access
Control Code and/or any specific access control plan shall determine the
location of all intersections (whether of public streets or private drives or
other access ways) with state highways or city streets, as applicable. All
development plans that are adjacent to a state or federal highway shall
provide the access design facilities, including supporting circulation
6
facilities, identified within any applicable adopted access control plans,
when such facilities are needed because of the development plan. In
addition, all development plans that are adjacent to any street for which an
access control plan has been adopted by the city shall provide the access
design facilities, including supporting circulation facilities, identified within
such access control plan, when such facilities are needed because of the
development plan.
Section 11. That Section 3.6.2(L)(2)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Private drives which must comply with Section 3.6.6 for
emergency access shall be limited to an overall length of six
hundred sixty (660) feet (measured as the fire hose would lay).
This measurement shall begin at the intersection of the private
drive with the public or private street.
Section 12. That Section 3.8.28 of the Land Use Code is hereby amended to
read as follows:
3.8.28 Extra Occupancy Rental House Regulations
(A) Extra occupancy rental houses shall conform to the occupancy limits and
separation requirements specified in the following table:
i� � � td '�k �6`�{x it�fdxti$j iNL/IK�'!"Of(JBYRI7S,RL�tEEt'�',S9�C7tGS . fOfi&Clt"Q%��7k fit' fj
va i,�,k,�,#w+' i�[y'��,.et"y rj��� � 1 � tg.� y�� �, � x ���" '..,.i•:
L-M-N One(1) tenant per three hundred fifty(350) No more than twenty-five
square feet of habitable floor space, in addition percent(25%)of parcels on a
to a minimum of four hundred(400)square feet block face may be approved for
of habitable floor space if owner occupied extra occupancy rental house
use.
M-M-N, H-M-N,N-C-B One(1)tenant per three hundred fifty(350) No limit.
square feet of habitable floor space, in addition
to a minimum of four hundred(400)square feet
of habitable floor space if owner occupied.
D,R-D-R,C-C, One(1)tenant per three hundred fifty(350) No limit.
C-C-N,C-C-R,C,C-N, square feet of habitable floor space, in addition
N-C,C-L-E, I to a minimum of four hundred(400)square feet
of habitable floor space if owner occupied.
R-L, N-C-L, R-F, U-E,N- n/a Extra occupancy rental houses
C-M, H-C,P-O-L, R-C not allowed.
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(B) In all zone districts allowing extra occupancy rental houses except L-M-N,
an application for extra occupancy rental house use for five (5) or fewer
tenants shall be subject to basic development review.
(C) In all zone districts allowing extra occupancy rental houses except L-M-N,
an application for extra occupancy rental house use for more than five (5)
tenants shall be subject to Type 1 administrative review.
(D) In the L-M-N zone district, an application for extra occupancy rental house
use for four (4) or fewer tenants shall be subject to basic developmental
review.
(E) In the L-M-N zone district, an application for boarding house use for more
than four(4) boarders shall be subject to Type 1 administrative review.
Section 13. That Section 4.1(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 4 which reads in its entirety as follows:
4. Wildlife rescue and education centers.
Section 14. That Section 4.2(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 4 which reads in its entirety as follows:
4. Wildlife rescue and education centers.
Section 15. That Section 4.3(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 3 which reads in its entirety as follows:
3. Wildlife rescue and education centers.
Section 16. That Section 4.4(B)(1)(e) of the Land Use Code is hereby amended
to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with four (4) or
fewer tenants.
Section 17. That Section 4.4(B)(2)(a)7 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses-
8
F--
7. Extra occupancy rental houses with more than four (4)
tenants.
Section 18. That Section 4.4(B)(3)(a) of the Land Use Code is hereby amended
by the addition of a new subparagraph 3 which reads in its entirety as follows:
3. Multi-family dwellings containing more than eight (8) units
per building.
Section 19. That Section 4.4(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 5 which reads in its entirety as follows:
5. Wildlife rescue and education centers, provided
they are located within one thousand (1,000) feet of
East Vine Drive.
Section 20. That Section 4.4(E)(3) and (4) of the Land Use Code is hereby
amended to read as follows:
(3) Maximum Residential Building Height. The maximum height of
single or two-family dwellings shall be two and one-half(2.5) stories.
(4) Design Standards for Multi-Family Dwellings Containing More Than
Eight (8) Dwelling Units. Each multi-family dwelling containing
more than eight (8) dwelling units shall feature a variety of massing
proportions, wall plane proportions, roof proportions and other
characteristics similar in scale to those of single-family detached
dwelling units, so that such larger buildings can be aesthetically
integrated into the low density neighborhood. The following specific
standards shall also apply to such multi-family dwellings:
(a) Maximum number. The maximum number of dwelling units
shall be twelve(12).
(b) Orientation and Setbacks. Setbacks from the property line of
abutting property containing single and two-family dwellings
shall be twenty-five(25) feet.
(c) Variation Among Repeated Buildings. For any development
containing at least five (5) but not more than seven (7)
buildings, there shall be at least two (2) distinctly different
building designs. For any such development containing more
than seven (7) buildings, there shall be at least three (3)
distinctly different building designs. For all developments,
there shall be no more than two (2) similar buildings placed
next to each other along a street or major walkway spine.
9
Distinctly different building designs shall provide significant
variation in footprint size and shape, architectural elevations
and entrance features, within a coordinated overall theme of
roof forms, massing proportions and other characteristics. To
meet this standard such variation shall not consist solely of
different combinations of the same building features.
(d) Building Height. The maximum height of a multi-family
building shall be three (3) stories. Buildings with a setback of
less than fifty (50) feet facing a street or single or two-family
dwellings shall minimize the impact on the adjacent single or
two-family dwelling property by reducing the number of
stories and terracing the roof lines over occupied space.
(e) Entrances. Entrances shall be clearly identifiable and visible
from the streets and public areas by incorporating use of
architectural elements and landscaping.
(f) Roofs. Roof lines can be either sloped, flat or curved, but must
include at least two (2) of the following elements:
1. The primary roof line shall be articulated through a
variation or terracing in height, detailing and/or change in
massing.
2. Secondary roofs shall transition over entrances, porches,
garages, dormer, towers or other architectural projections.
3. Offsets in roof planes shall be a minimum of two (2) feet in
the vertical plane.
4. Termination at the top of flat roof parapets shall be
articulated by design details and/or changes in materials
and color.
5. Roof top equipment shall be hidden from view by
incorporating equipment screens of compatible design and
materials.
(g) Facades and Walls. Each multi-family dwelling shall be
articulated with projections, recesses, covered doorways,
balconies, covered box or bay windows and/or other similar
features, dividing large facades and walls into human-scaled
proportions similar to the adjacent single or two-family
dwellings, and shall not have repetitive, monotonous,
undifferentiated wall planes.
10
Building facades shall be articulated with horizontal and/or
vertical elements that break up blank walls of forty (40) feet or
longer. Facade articulation can be accomplished by offsetting
the floor plan, recessing or projection of design elements, change
in materials and/or change in contrasting colors. Projections
shall fall within setback requirements.
(h) Colors and Materials. Colors of non-masonry materials shall be
varied from structure to structure to differentiate between
buildings and provide variety and individuality. Colors and
materials shall be integrated to visually reduce the scale of the
buildings by contrasting trim, contrasting shades or by
distinguishing one (1) section or architectural element from
another. Bright colors, if used, shall be reserved for accent and
trim.
(i) Maximum Floor Area. The maximum gross floor area
(excluding garages) shall be fourteen thousand (14,000) square
feet.
Section 21. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended
to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 22. That Section 4.5(B)(2)(a)7 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
7. Extra occupancy rental houses with more than five (5)
tenants.
Section 23. That Section 4.8(B)(1)(a)4 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
4. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 24. That Section 4.8(B)(2)(a)7 of the Land Use Code is hereby
amended to read as follows:
(a) Residential:
7. Extra occupancy rental houses with more than five (5)
tenants.
Section 25. That Section 4.10(B)(3)(a) of the Land Use Code is hereby
amended by the addition of a new subparagraph 2 which reads in its entirety as follows:
2. Wildlife rescue and education centers.
Section 26. That Section 4.1 I(B)(3)(a) of the Land Use Code is hereby
amended by the addition of a new subparagraph 2 which reads in its entirety as follows:
2. Wildlife rescue and education centers.
Section 27. That Section 4.12(B)(2) of the Land Use Code is hereby amended
to read as follows:
(2) The following uses are permitted in the subdistricts of the Downtown
District, subject to Basic Development Review (BDR), administrative
(Type 1) Review or Planning and Zoning Board (Type 2) Review as
specifically identified on the chart below:
Land Use Old City Center Canyon Avenue Civic Center
Two-family dwellings Not Permitted Type I Not Permitted
Single-family attached dwellings (up to Not Permitted Type I Type 1
four units per building)
Multi-family dwellings BDR Type 2 Type 2
Group homes Type l Type 2 Type 2
Mixed-use dwelling units BDR Type 1 Type I
Extra occupancy rental houses with more Type I Type I Type 1
than five(5)tenants
Extra occupancy rental houses with five BDR BDR BDR
(5)or fewer tenants
Fraternity and sorority houses Not Permitted Type 2 Not Permitted
Places of worship or assembly Type 1 Type I Type 2
Public and private schools (colleges, BDR Type I Type 1
12
universities,vocation training)
Public and private schools (elementary, Type 2 Type 2 Type 2
intermediate and high school education)
Community facilities Type I Type 1 Type I
Long-term care facilities Type 2 Type 2 Type 2
Public facilities BDR Type I Type I
Parks, recreation and other open lands, Type I Type I Type I
except neighborhood parks as defined by
the Parks and Recreation Policy Plan
Transit facilities(without repair/storage) Type 2 Type 2 Type 2
Jails,detention and penal centers Not Permitted Not Permitted Type 2
WMIMI
Bed and breakfast establishments BDR Type l Type l
Standard restaurants BDR Type I Type I
Retail establishments BDR Type 2 Type 2
Grocery stores (occupying between five Type I Type I Type 1
thousand [5,000] and forty-five thousand
[45,0001 square feet)
Personal and business service shops BDR Type I Type 1
Offices,financial services and clinics BDR Type I Type I
Artisan,photography galleries and studios BDR Type 1 Type l
Limited indoor recreation establishments BDR Type I Type I
Fast food restaurants (without drive-in or BDR Type I Type I
drive-through facilities)
Gasoline stations Not Permitted Type 2 Type 2
Bars and taverns BDR Type 2 Type 2
Land Use Old City Center Canyon Avenue Civic Center
C w MFXLC[AC )2[ 3EL�Ytt#d a it t , .,`,
Night clubs BDR Type 2 Type 2
Entertainment facilities and theaters BDR Type 2 Type l
Child care centers Type I Type I Type I
Clubs and lodges BDR Type 1 Type 1
Funeral homes Not Permitted Type 2 Not Permitted
Lodging establishments Type 2 Type 2 Type 2
Health and membership clubs BDR Type I Type 1
Parking lots and garages (as a principal Type 2 Type 2 Type 2
use)
Veterinary facilities/small animal clinics Not Permitted Type 2 Type 2
Supermarkets Not Permitted Type 2 Type 2
Open-air farmers markets Type I Type 1 Type l
Large retail establishments Type 2 Type 2 Type 2
Print shops Type I Type I Type l
Dog day care facilities Not Permitted Type 2 Type 2
Food catering or small food product BDR BDR BDR
preparation
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Exhibit halls BDR Type 2 Type 1
Conference/convention center BDR Type 2 Type 2
Day shelters,provided they do not exceed Type 2 Not Permitted Type 2
10,000 square feet and are located within
1,320 feet(''/)mile of a Transfort route
Adult day/respite care centers Type t Type I Type 1
Small scale reception centers Type 1 Type 1 Type l
*yisr''V;
..
Workshops and small custom industry Not Permitted Type I Type I
Research laboratories Not Permitted Type 1 }Z ,t Type I
.��, =r ,r :s�
cSt„
Accessory buildings BDR BDR BDR
Accessory uses BDR BDR BDR
Satellite dishes more than thirty-nine(39) BDR BDR BDR
inches in diameter
Wireless telecommunication equipment Type l Type I Type I
Wireless telecommunication facilities Type 2 Type 2 Type 2
Drive-in facilities Not Pennitted Type 2 Type 2
Section28. That Section 4.13(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 29. That Section 4.13(B)(2)(a)7 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
7. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 30. That Section 4.14(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 31. That Section 4.14(B)(2)(a)5 of the Land Use Code is hereby
amended to read as follows:
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(a) Residential Uses:
5. Extra occupancy rental houses with more than five (5)
tenants.
Section 32. That Section 4.15(B)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Accessory/Miscellaneous Uses:
Section33. That Section 4.15(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 34. That Section 4.15(B)(2)(a)6 of the land Use code is hereby
amended to read as follows:
(a) Residential Uses:
6. Extra occupancy rental houses with more than five (5)
tenants.
Section 35. That Section 4.16(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 36. That Section 4.16(B)(2)(a)6 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
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6. Extra occupancy rental houses with more than five (5)
tenants.
Section 37. That Section 4.16(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 3 which reads in its entirety as follows:
3. Wildlife rescue and education centers.
Section 38. That Section 4.17(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 39. That Section 4.17(B)(2)(a)5 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
5. Extra occupancy rental houses with more than five (5)
tenants.
Section 40. That Section 4.18(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.*
Section 41. That Section 4.18(B)(2)(a)6 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
6. Extra occupancy rental houses with more than five (5)
tenants.*
Section 42. That Section 4.19(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
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1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 43. That Section 4.19(B)(2)(a)5 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
5. Extra occupancy rental houses with more than five (5)
tenants.
Section44. That Section 4.20(B)(1)(a)5 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
5. Extra occupancy rental houses with five (5) or fewer
tenants.
Section45. That Section 4.22(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
Section 46. That Section 4.22(B)(2)(a)2 of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
2. Extra occupancy rental houses with more than five (5)
tenants.
Section 47. That Section 4.23(B)(1)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
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Section 48. That Section 4.23(B)(2)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
2. Extra occupancy rental houses with more than five (5)
tenants.
Section 49. That Section 4.23(B)(3)(a) of the Land Use Code is hereby
amended by the addition of a new subparagraph 6 which reads in its entirety as follows:
6. Wildlife rescue and education centers.
Section 50. That the definition of"Boarding and rooming house" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Extra occupancy rental house shall mean a building or portion of which is used to
accommodate, for compensation, four (4) or more tenants, boarders or roomers,
not including members of the occupant's immediate family who might be
occupying such building. The word compensation shall include compensation in
money, services or other things of value.
Section 51. That the definition of "Child care center" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Child care center shall mean a facility, by whatever name known, which is
maintained for the whole or part of a day for the care of seven (7) or more
children under the age of sixteen (16) years who are not related to the owner,
operator or manager, whether such facility is operated with or without
compensation for such care and with or without stated educational purposes,
except that a child care center shall not include any of the following three (3)
types of family care homes as defined by the State of Colorado: family child care
home, infant/toddler home or experienced family child care provider home. The
term includes, but is not limited to, facilities commonly known as day care
centers, day nurseries, nursery schools, preschools, play groups, day camps,
summer camps, large child care homes as defined by the State of Colorado,
centers for developmentally disabled children and those facilities which give
twenty-four-hour-per-day care for dependent and neglected children. Child care
centers are also those facilities for children under the age of six (6) years with
stated educational purposes which are operated in conjunction with a public,
private or parochial college or a private or parochial school, except that the term
shall not apply to a kindergarten maintained in connection with a public, private
or parochial elementary school system of at least six (6) grades.
Section 52. That the definition of"Restaurant,fast food" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
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Restaurant,fast food shall mean any establishment in which the principal business
is the sale of food and beverages to the customer in a ready-to-consume state, and
in which the design or principal method of operation includes all of the following
characteristics:
(1) food and beverages are usually served in edible containers or in
paper, plastic or other disposable containers; and
(2) there is no drive-in facility as a part of the establishment.
Section 53. That the definition of"Restaurant, limited mixed-use" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Restaurant, limited mixed-use shall mean any establishment in which the principal
business is the sale of food and beverages to the customer in a ready-to-consume
state, and in which the design or principal method of operation includes all of the
following characteristics:
(1) food and beverages are usually served in edible containers or in paper,
plastic or other disposable containers;
(2) there is no drive-in or drive-through facility as a part of the
establishment;
(3) the establishment is contained within or physically abuts a multi-
family dwelling;
(4) the establishment is clearly subordinate and accessory to a multi-
family dwelling;
(5) the establishment shall not exceed one thousand five hundred (1,500)
feet in gross leasable floor area;
(6) the establishment shall not engage in serving alcohol; and
(7) the establishment shall not engage in the playing of amplified music.
Section 54. That Section 5.1.2 of the Land Use Code is hereby amended a new
definition"Wildlife rescue and education centers" which reads in its entirety as follows:
Wildlife rescue and education center shall mean a facility that provides shelter
services for the rescue and care of injured birds or other wildlife with associated
education and research.
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Introduced, considered favorably on first reading, and ordered published this 6th
day of June, A.D. 2006, and to be presented for final passage on the 18th day of July,
A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
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