HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - FIRST READING OF ORDINANCE NO. 192, 2006, MAKING V ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: December 5, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
First Reading of Ordinance No. 192,2006,Making Various Amendments to the City of Fort Collins
Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. On November 16, 2006, the
Planning and Zoning Board considered the proposed changes and voted 6-0 to recommend approval
of the proposed changes to City Council with one exception. The Board voted 4-2 to recommend
approval, as conditioned, on the issue of Downtown Height.
EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the Fall biannual
update of the Land Use 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. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and"user-friendliness"
of the Code.
ATTACHMENTS
1. Summary of the issues.
2. One change made since October 24, 2006 work session- portable signs.
3. Summary of the Planning and Zoning Board's action.
ATTACHMENT
Land Use Code Issues
Wey,Novemba 29,2006
Iarue ID# Issue Name
670 Amend 3.2.2(K)(1)(a)-Parking-to allow lower minimum onsite residential parking for multi-family in Transit
Oriented Development areas.
730 Amend 4.16(D)-Downtown Zone Development Standards-by revising the building height standards in the
Canyon Avenue and Civic Center sub-districts of the Downtown zone.
736 Create a new land use definition for temporary shelters and counseling for victims of domestic violence. Place
into 18 zones to be permitted as Basic Development Review so there is no notice or public hearing.
738 Amend 2.4.2(G)(1xb)-P.D.P.Review Procedures-to clarify that a Type One use may remain eligible for a
Hearing Officer review even though it is part of an O.D.P.
740 Amen!3.2.4(D)(3)-Lighting Design Standards-to require flush-mount,flat lens under-canopy lighting for
fuel facilities in commection with fascia remodels of existing canopies.
741 Amend 4.24(Bx 1)(e)-C-L Accessory Uses-to allow satellite dish antennaes wider than 39 inches as a
permitted use. Corrects an oversight and brings consistency across all commercial zones.
742 Amend 4.7(D)(1)-N-C-L Density-by reducing the required lot area-to-floor area ratio from 3-tol to 2.5-to-1.
743 Amend 4.3(E)(2)(b)Icl-R-F Cluster Development-in order to correct a discrepency regarding density.
744 Amend 3.8.7-Sign Code-to update regulations of election signs,electronic readerboards and temporary
banners and pennants.
745 Amend 3.5.2(D)(5)-Maximum Size of Detached Accessory Buildings-by increasing the maximum size
allowed from 800 sq.ft.to 1,200 sq.ft.for lots between 20,000 sq.ft.and one acre and 2,500 sq.ft.for lots
larger than one acre.
749 Amend 3.2.2(K)(2)(a)-Non-residential Parking Requirements-to delete the requirement that parking lots that
use the 20%bonus allowance must also provide 20a/o additional landscaping.
751 Revise 3.2.2(K)(4)-Exception to the General Office Parking Category-to add flexibility in determining the
number of parking spaces for non-traditional office users such as call centers.
759 Amend 3.6.4(C)-Transportation Impact Study-to clarify that a TIS is not always required for small infill
projects.
760 Revise 3.6.6 to eliminate confusion between the emergency access requirements in the Land Use Code and
those in the Uniform Fire Code.
Wedmsdry,November 29,2006 Page 1 of 1
Land Use Code Maintenance Process
Annotated Issue List
670 Amend 3.2.2(KXIXa)-Panting-to allow lower minimum omite residential perking for multi-
family in Transit Oriented Development area
Problem Statement
The Code currently mandates a minimum number of on-site residential parking spaces
throughout the City,regardless of proximity to high activity centers or alternate modes of
transportation. Many area targeted for infill and redevelopment find that it is impossible
physically and/or financially to provide required perking spaces(the Wright Life,for
example). These projects must go through the modification process which can be very
cumbersome(Atrium Suites,for example).
Since adopted City policies encourage infill and redevelopment,it is proposed that the
residential parking minimums for multi-family projects in certain areas be lifted to account
for physical constraints,insurmountable financial constraints and the availability of viable
alternate modes of transportation including walking,bicycling,and transit. Minimum
multi-family parking standards are based on greenfields conditions. Parking will still be
required,but by market forces,not arbitrary standards.
Proposed Solution Overview
The proposed solution is to delete the requirement for minimum parking but only for
multi-family projects located within a T.O.D.as defined by a new map that Will be added
to the definition of a T.O.D.in Article Five.
Related Code Revisions
Ord.Section Code Cite Revi lon Elkct
2 3.2.2(Kxtxa) Removes minimum residential poking in T.O.D.areas
37 5.1.2 Adds a definition for Transit Oriented Development
730 Amend 4.16(D)-Downtown Zone Development Standards-by revising the building height
standards in the Canyon Avenue and Civic Center sub-districts of the Downtown zone.
Problem Statement
Building height and bulk standards for taller buildings(over 3 stories)in the Downtown
zone district are not effective in guiding investment,programming,design and review of
such buildings. Important issues are not adequately covered,unimportant issues are
covered with no benefit. Also,the section could be presented in a more logical order. The
single most important problem is the table of numerical dimensional standards in
4.16(D)(2),which states a height limit of 168 feet for the entire Canyon Avenue and Civic
Center area. This corresponds to about a 12-story building. For reference,the two tower
buildings that exist downtown are about 154 feet.
On most of the 25 blocks in the subject area,it is clear that no new building would be
appropriate or approvable at the current 168-foot maximum height. That number simply
does not fit the spaces that could become available for redevelopment.
The stated height limit is offset by a requirement in 4.16(E)(1xb)that buildings taller than
56 feet must be reviewed by the Planning and Zoning Board using Compatibility standards
in section 3.5.1 (B)and(C)of the code. Those standards require complementary design in
terms of size,height,bulk,mama,scale,and architectural character.
Wedoadry,November 29,2006 Pap 1 of 11
The point is,it's impossible to tell how tall a developer could build on a given site. In
some cases,it's an open question whether 3 stories or 12 stories could be built,depending
on various interpretations.
Proposed Solution Overview
The 2004 Downtown Strategic Plan(DSP)outlines this proposed solution. DSP policies
result from extensive public discussion among the Landmark Preservation Commission,
the Downtown Development Authority,the Downtown Business Association,the
Planning and Zoning Board,City Council members,neighbors,property owners,business
owners,other interested citizens,staff the Chamber of Commerce,developers,and
architects.
Primary elements of the proposed solution are a block-by-block map of maximum height
Hunts,with general agreement on acceptability of 5-6 story height throughout the entire
area except for a few blocks at the very western edge adjacent to stable single family
neighborhood areas. That general agreement is based on certain basic design parameters
for setbacks and terracing of taller buildings.
Those parameters are:
1.Maximum height. Zoning limits for height should be adjusted to vary with the context
of each block.
2.Landscape setback. A landscaped setback should be standard on all blocks west of
Mason Street.The intent is to continue the typical soft green edge that characterizes the
area,and that contributes to the transition from the core area.Exceptions should be
allowed at entrances,and where a building features display windows along the street
sidewalk
3.Base. A taller building should have a clearly defined base portion,typically 1 or 2
stories. A cornice or root fenestration,materials,and colors should define the base. The
ground floor of every building should be differentiated to emphasize its relationship to
pedestrians.
4.Upper-floor setback. Portions of the building above the base portion should be stepped
back,with the amount of floor reduction
area reduc on generally greater with greater height above
the base portion. The reduction should be a significant aspect of the building design,
related to useable indoor rooms or outdoor terraces or balconies.
5.Buildings up to about 6 stories(about 85 feet)are acceptable throughout the area,with
a few exceptions at the very western edge next to stable neighborhoods of detached
houses. There are concerns with allowing buildings taller than that. Standards should
allow 6-story buildings throughout the area,with fairly straightforward review based on
general agreement on key parameters. Standards should allow the possibility taller
buildings,where shown on the map,subject to more detailed consideration,public
discussion,and negotiation of design solutions to decrease negative effects. Issues to
consider include additional bulk reduction to avoid long,high building walls;shadow
analysis;use of height to mitigate mass;and use of design to mitigate height.
The whole premise of this proposed Code change is that it's better than what exists now,
and it directly implements the Downtown Strategic Plan. The reorganization is more
logical than the current format.
Related Code Revisions
Ord,Swdon Code Cite Revision ENeca
Wedoadry,November 29,2006 Page 2 of I 1
25 4.16(D)and(E) Review and clarifies Downtown height standards
736 Croats a new land use definition for temporary Shelters and counseling for victims of domestic
violence. Place into 18 zones to be permitted as Basic Development Review so there is no
notice or public hearing.
Problem Statement
Social service professionals have indicated that,as a region with a growing population,
additional residential facilities may be needed to house victims of domestic violence,and
their dependents. Such housing would be temporary. Other fimctions would include day
care,counseling,administration,and security. Since the facility is required to be a
confidential safehouse,a maximum amount of discretion is necessary.
The Code presently does not distinguish a safehouse from a group lame and yet the uses
are very different. A new definition is needed that recognizes the unique attributes of a
safehouse for battered persons and that the processing of such a permitted land use
acknowledges the special conditions for confidentiality.
Proposed Solution Overview
The proposed solution is to create and define a new land use,add the new use to any zone
that presently allows Group Homes,and add a separation requirement of 1,500 from any
other established group home or shelter to minimi a any potential geographic
concentration. To be placed into 18 zone districts as a Basic Development Review.
Related Code Revisions
aid Section Code Cite Revision Effect
9 3.8.6 Adds Shelters to the We of the sub-sectlon under Group
Homes
10 3.8.6(D) Requires Shelters to be 1,500 feet from Group Homes or
other Shelters
14 4.1(Bx1)(b)4. Adds Shelters to the R-U-L zone
15 4.2(8(1)(a)3. Adds Shelters to the U-E zero
16 4.3(BXlXa)3. Adds Shelters to the R-F zone
18 4.4(BXlXa)2. Adds Shelters to the R-L zone
19 4.5(BXIXe)2. Adds Shelters to the L-M-N zone
20 4.6(13x1 xe)2. Adds Shelters to the M-M-N zone
21 4.7(Bx1xa)2. Adds Shelters to the NC-L zone
23 4.8(Bxtxa)3. Adds Shelters to the N-C-M zone
24 4.9(Bx1xa)8. Adds Shelters to the NC-B zone
26 4.16(Bx2XA) Adds Shelters.to all 3 sub-disbicts of the Downtown zone
27 4.17(Bxixe)2. Adds Shelters to the R-DA zone
28 4.18(Bx1 xe)2. Adds Shelters to the C-C zone
29 4.19(Bxt xa),3. Adds Shelters to the CC-N zone
30 4.20(Bxt xe)2. Adds Shelters to the CC-R zero
31 4.21(Bx1)(e)2. Adds Shatters to the C zone
32 4.24(Bx1 xa)8. Adds Shelters to the C-L zone
34 4.26(Bx1 xa)3. Adds Shelters to the HC zone
35 4.27(Bxt xe)2. Adds Shelters to the E zone
36 6.2.1 Adds a definition for Shelter for victims of domestic violence
Wednesday,November 29,2006 Page 3 of I
739 Amend 2.4.2(Gx1)(b)-P.D.P.Review Procedures-to clarify that a Type One use may
remain eligible for a Hearing Officer review even though it is part of an OD.P.
Problem Statement
Article Two contains the standards that pertain to the administration of the Code and
Section 2A describes the administrative procedures for a P.D.P. The standard as written
could be interpreted to require all P.D.P.'s that are part of an Overall Development Plan
must be processed as a Type Two review,even though the use(s)contained within the
P.D.P.are permitted as Type One uses in Article Four. Since Article Four does not trump
Article Two,such an interpretation would render the division of land uses between Type
One and Type Two practically meaningless.
Proposed Solution Overview
It was never the intention for the standard to be interpreted in such a manner. In fact,
Staff has never required a Type One use to be shifted to a Type Two use just by the fact
that the proposed use is part of an O.D.P.
O.D.P.'s shall remain a Type Two review. Subsequent submittals of individual phases
within the O.D.P.that consist of Type One uses exclusively should be processed under
Type One review. The proposed solution would delete the clause pertaining to O.D.P.'s.
to remove any ambiguity.
Related Code Revisions
Ord.Section Code Cite Revision Erect
1 2.4.2(Gxt)(b) Clarifies review procedure for Type One uses within
O.D.P.'s
740 Amend 3.2.4(Dx3)-I ightiog Design Standards-to require flush-mount,flat lens under-
campy lighting for fuel fiedities in commoctiott with facia remodels of existing canopies.
Problem Statement
The site lighting standards of the LUC currently require that under-canopy light fixtures at
fueling facilities be flush-mount and flat lens. These types of fixtures minunize spill-light
and glare very effectively. However,the regulation only applies to new fuel facility
canopies. It does not apply to existing canopies,even when such canopies undergo
substantial fascia changes that occur with re-branding or new corporate imaging.
Therefore,an opportunity to improve the effect that exterior lighting may have on the
surrounding neighborhood is lost.
Proposed Solution Overview
Numerous canopies have recently undergone fascia remodels,and many of them contain
under-canopy light fixtures that are not flush-mount or flat lens. It would be beneficial to
the surrounding neighborhood to be able to correct nonconforming lighting at the time a
canopy remodel occurs. The proposed solution would be to require compliance with
under-canopy lighting standards even if the canopy is undergoing a remodel.
Related Code Revisions
Ord,Section Code Cite Revision Effect
5 3.2.4(DX3) Requires compliance with lighting requirements for existing
gas canopies upon remodeling
741 Amend 4.24(Bxlxc)-C-L Accessory Uses-to allow satellite dish antenna wider than 39
inches as a permitted use. Corrects an oversight and brings consistency across all commercial
zones.
Problem Statement
Wednesday,November 29,2006 Page 4 of I I
With the exception of the CL zone,all commercial and industrial zoning districts allow
satellite dish antennas with a diameter of greater than 39 inches. For some reason,the CL
zone was overlooked,even though the CL zone is one of the most lenient districts.
Proposed Solution Overview
In order to correct this oversight,a new sub-section would be added to allow satellite
dishes greater than 39 inches in diameter.
Related Code Revisions
Ord.Section Code Cite Revision Effect
33 4.24(Bx1)(e) Aflows satellite dishes wider then 39 Inches In 6L zone
742 Amend 4.7(Dxl)-N-C-L Dem dV-by reducing the required lot area-to-floor area ratio from
3-tol to 2.5-to-1.
Problem Statement
The NCL,NCM,and NCB zones are the three residential zones that are found in the
eastside and westside neighborhoods. The NCL zone currently requires a lot area-to-floor
area ratio of 3 to 1,the NCM requires a ratio of 2 to 1,and the NCB requires a ratio of 1 to
1. These same ratios were in effect when the zones were originally created in 1991.
However,numerous amendments were adopted in 1996 to further address the impact of
secondary structures on the rear portion of lots in these old town zoning districts. One of
the adopted changes resulted in the inclusion of the floor area of all detached buildings as
part of the total floor area allowed on the lot. As a result,many properties in the NCL
zone became nonconforming with regards to the 3 to 1 ratio once the added floor area of
detached buildings began to count as floor area. This has often impacted an owner's
ability to add on to an existing house in the NCL zone without fast having to obtain a
variance from the Zoning Board of Appeals(ZBA).
The ZBA has struggled with these variance requests. A variance is often required for any
size addition due to the already nonconforming status of the home,yet it is not always easy
to End that the standards necessary for granting a variance are met without creating some
sort of precedence.
Proposed Solution Overview
In recent years,additional code amendments were enacted in the NCL zone that help to
address the concern of building mass and density on a lot. Specifically,the size of
detached accessory buildings has been capped at 600 square feet,and a new lot-to-floor
area ratio of 4 to 1 specifically for the rear half of a lot was put in place. These two
standards help to ensure that a lot will not be"over-built"to the extent that the character
of these neighborhoods might be lost or diminished. These new standards,together with a
recommended reduction of the overall lot area-w-floor area requirement of 3 to 1 should
be sufficient safeguards and at the same time reduce the number of variance requests that
the ZBA has to deal with regarding this code requirement.
The proposed solution would be to reduce the overall lot area-to-floor area ratio from
3.0 to I to 2.5 to 1.
Related Code Revisions
Ord.Section Code Cite Revision Elrect
22 4.7(Dxt) Reduces the lot area-to-floor area ratio from 3:1 to 2.5:1
743 Amend 4.3(EX2xb)[c]-R-F Cluster Development-in order to correct a discrepancy
regarding density.
Problem Statement
We&m&y,Novembar 29,2006 Page 5 of I I
The minimum lot size for properties in the Residential Foothills(RF)zone is normally
2.29 acres per dwelling unit. However,an exception to this density is allowed if property
is developed in clusters. In such a cluster development,lot sizes may be reduced in order
to cluster the dwellings together on a portion of the property,with the remainder of the
property permanently preserved as public or private open space.
The overall density of the cluster development can not be greater than 1 unit per gross
acre,and the development must set aside at least 50%of the total land area as private or
public open space. The cluster development standards also require that the portion of the
property where the units are clustered together must be at a density of between 3 to 5 units
per gross acre. It is this density range of between 3 and 5 units per acre that creates a
conflict in the Code.
Specifically,a development of 10 gross acres,for example,can't have more than 10
dwellings since the maximum density allowed for the overall development is one unit per
gross acre. Yet,if 5 acres of the total is set aside as open space(at least 50a/a of the total is
required)the remaining 5 acres would have to have a density of 3 to 5 units as required.
This would mean that there would have to be between 15 units(5 acres x 3 units
minimum)and 25 units(5 acres x 5 units maximum)in the`bluster". Therefore,in this
scenario,it's impossible to propose a cluster development that complies with both the
overall development density standard of 10 units maximum and the density standard in the
"bluster"of at least 15 units.
Proposed Solution Overview
For the most part,the cluster development plan regulations are a carryover from the pre-
LUC regulations for the RF zone. However,the 50%set-aside requirement was not part
of the previous code. When the LUC was adopted and the 50%set-aside requirement was
put in place,the old requirement of 3 to 5 units per acre in the`bluster"should have been
deleted. Leaving it in the code has created situations where it is not always possible to
comply with both the overall density standard and the`bluster"density standard.
The proposed solution is to delete the cluster density standard of between 3 and 5 units
per gross acre.
Related Code Revisions
Ord.Section Code Cite Revision Effect
17 4.3(Ex2xbxc] Corrects a discrepancy regarding density under the Cluster
Plan opdon
744 Amend 3.8.7-Sign Code-to update regulations of election signs,electronic readerboerds and
temporary banners and pennants.
Problem Statement
Election Signs:
The sign code limits the period of time that election signs may be displayed on private
property in the city to 45 days before an election day. It also states the election signs must
be removed within 4 days after the election. A question has been raised as to the
constitutionality of this durational limit,especially with regards to the pre-election,45-day
limit.
Electronic Readerboards:
The sign code allows electronic message board signs with certain conditions. Specifically,
such modules must be programmed so that the displayed message does not change more
fiequently than once per minute and so that the message change occurs without the use of
Wednesday,November 29,2006 Page 6 of 11
scrolling,flashing,fading or other similar effects. The number of these signs that are
being installed has increased recently,and with this increase has come concerns about the
brightness of the red color that is commonly used in the displays.
Banners and Pennants:
The sign code allows banners and pennants as a type of temporary,promotional
advertising device. The current regulation limits the number of days a business can
display such a device to no more than 20 days per calendar year. A no-fee permit is
required to be obtained from the Zoning Department prior to the display of banners or
pennants. Concerns have recently been raised about whether or not 20 days per year is
adequate for non-profits and for the purpose of advertising special sales or promotions.
Proposed Solution Overview
At the October 24,2006 City Council work session,Council members directed staff to
present revisions that would:
Election Signs:
In order to not limit the right of flee speech,the proposed solution is to allow election
signs any time prior to the election. And,such signs shall be removed four days after the
election.
Electronic Readerlwards:
Staff believes that there are benefits to allowing the continued use of electronic message
boards,and that some additional regulations can help to alleviate concerns. Benefits
include:
2. LED's are very efficient. They use approximately 1/10th of the energy of a
comparable lamp message display.
3. The message is easily changeable and can be changed safely,without ladders or
equipment.
4. Lower maintenance than conventional readerboards.
5. Vandals and others cannot re-arrange lettering.
6. Can reduce the need for businesses to use bamm,thereby reducing the number of
banners that are displayed along the City's streets.
At the October 24,2006 City Council work session,some members expressed a desire
that any existing signs that don't comply with the proposed regulations would need to be
brought into compliance at some future time. Staff has researched the feasibility of
modifying existing signs and found that the necessary modifications would generally
require the replacement of the existing module. These signs are very expensive,and if an
amortization period is desired,staff believes that businesses which have recently installed
them should have a generous amortization period in which to recover their expenditures.
Members of the sign industry believe it would be unfair to require existing signs to be
amortized due to the costs involved. There are approximately 15 electronic message
board signs that would become nonconforming if the.prgposed amendments are adopted.
Since the number of signs is small and since the costs are large,staff believes that a 7 year
amortization period would be fairer than a shorter time period and would be consistent
with the recently adopted amendment that increased the amortization period from 5 years
to 7 years for nonconforming signs on properties that are annexed into the city.
The proposed solution is to clarify standards relating to frequency of changes,dimming
the illumination for nighttime,non-red color copy,maximum size in relation to the total
sign face area,and compliance of existing non-conforming signs by 2013.
Wednesday,November 29,2006 Page 7 of 11
Banners and Pennants:
The proposed solution would allow businesses and non-profits an additional amount of
time to display banners. The revision would 1) increase the number of banner days
allowed for non-profit organizations and for business grand openings,and 2) limit the
size of banners.
Related Code Revisions
Ord.Section Code Cite Revision Effect
11 3.8.7(L) Revises the duration of election signs
12 3.8.7(Mx4) Revises standards of electronic readerboerds
13 3.8.7(N) Revises the duration and size of temporary banners
745 Amend 3.5.2(Dx5)-Maximum Size of Detached Accessory BuDdiogs-by increasing the
maximum size allowed from 800 sq.1L to 1,200 sq.ft.for lots between 20,000 sq.ft.and one
acre and 2,500 sq.ft.for lots larger than one acre.
Problem Statement
The Code was amended several years ago by enacting a regulation to cap the size of
detached,accessory residential buildings to 800 square feet. This was in response to
growing concerns that detached buildings on average size lots(lot area less than 10,000
square feet)were increasing in size to the point that they were no longer"accessory or
subordinate"to the house or to the lot. In some instances,the building footprint of a
detached building either exceeded the size of the footprint of the house or took up a good
portion of the yard. The 800 square foot limitation was placed in Article 3,and therefore
applies to all zones that do not have specific size limitations contained in the zoning
district regulations in Article 4. For example,the NCL,NCM and NCB zone regulations
in Article 4 limit the size of accessory buildings to 600 square feet. Therefore,the section
of the Code that is proposed to be amended with this item does not apply to those zones
that already have a size restriction in the zone specific regulations in Article 4.
Since the time that the 800 square foot limit was adopted in 2003,the Zoning Board of
Appeals(ZBA)has heard numerous requests to increase the size limit of detached
buildings proposed to be located on lots far larger than the normal size urban lot. The
Board has always granted these when it can be shown that the size of the building
compared to the size of the lot satisfies the purpose of the standard which is to ensure that
such buildings truly are accessory. For instance,a 1200 square foot building on a 1 acre
lot is no more of an impact than is an 800 square foot building on a normal size lot. An
equal or leaser amount of yard space is used up by the larger building on the larger lot.
The ZBA has requested that staff consider revising the 800 square foot size limitation in
order to reduce the amount of variance requests that are heard by the Board.
Proposed Solution Overview
Staff agrees with the ZBA that the Code should be amended in order to allow larger
accessory buildings on larger lots. A maximum size should still be applicable in order to
reasonably ensure that adequate yard space is maintained and that buildings can still be
considered as accessory or subordinate. In instances where there may still be an unusual
situation,a person would of course continue to be able to petition the ZBA for a variance.
The proposed solution would be to allow larger accessory buildings on a sliding scale
based on lot size. The proposed maximums would be a 800 sq.ft.on lots less than 20,000
sq.ft.; 1,200 square feet on lots between 20,000 sq. ft.and one acre;and 2,500 sq.ft.on
lots larger than one acre.
Related Code Revisions
Wednesday,November 29,2006 Page 8 of I1
Ord,Section Code Cite Revision Effect
5 3.5.2(Dx5) Miami larger detached accessory bulkangs on a sliding
scale
749 Amend 3.2.2(KX2Xa)-Non-residential Panting Requirements-to delete the requirement that
perking lots that use&a 20%bonus allowance must also provide 20%additional landscaping.
Problem Statement
The Code presently allows for non-residential uses that cannot utilize on-street or shared
parking to increase their maximum number of allowable spaces by 20a/a but also requires
that parking lot landscaping be increased by 20a/a as well.
Experience has shown that existing parking lot landscaping standards are sufficient to
screen parking lots and that the requirement for an additional 20a/o landscaping is
superfluous. In fact,it may be challenging to fed areas where an extra 20%landscaping
can be installed after existing screening standards are met
This standard was initially codified to ensure that non-residential parking lots that were
increased by 20%over their maximum allowable number were adequately mitigated with
landscape materials. This extra measure of assurance has proven to not be necessary.
In addition,the standard,as written,prohibits the General Office category from taking
advantage of the 20%bonus on the theory that the Exception to General Office Parking
Standard would be the avenue by which to obtain a more flexible parking ratio between
employees and building square footage. By deleting this reference,the General Office
category would now be eligible for parking flexibility under both sections.
Proposed Solution Overview
The proposed solution deletes the 20%extra landscaping that would be required for
parking lots that qualify for and utilize the 201/6 bonus in the number of spaces.
Related Code Revisions
Ord.Secdon Code Cite Revision ERect
3 3.2.2(Kx2)(a) Deletes the 20%extra landscape requirement for parking
lots utilizing the 20%bonus In spaces
751 Revise 3.2.2(KX4)-Exception to the General Office Parking Category-to add flexibility in
determining the number of parking spaces for non-traditional office oyeti such as call cemers.
Problem Statement
This section was added to the land Use Code several years ago after a thorough field
survey of occupied office buildings and office parks,and interviews with developers,
property managers and tenants. One of the results of this effort was to recognize that there
are office users that are organized around placing a relatively high number of employees in
a relatively small space. Whether in cubicles or not,if there are employees arranged in
200 square feet or less per employee,then the General Office Standard of 3.00 spaces per
1,000 square feet may be insufficient. Most typically,in our economic:environment,such
an arrangement would be a call center or businesses that operate with more than one shift.
The purpose of the standard is to work with such employers on a case-by-case basis to
provide parking based on a rational analysis of the needs of the end-user. Thus far,the
standard has worked well for those applicants that have taken projects through the
development review process.
During the Business Outreach Project,however,Staff discovered that there remains a
Wednesday,November 29,2006 - Pane 9 of I
strong perception that there is little or no flexibility with regard to the General Office
category. Upon farther analysis,Staff contends that the standard can be revised to provide
move flexibility without substantially altering its underlying fimdamental purpose.
Proposed Solution Overview
The proposed solution deletes the requirement that if the number of anticipated employees
cannot be reasonably estimated,then the applicable parking standard shall be the ratio
between the number of parking spaces and the gross leasable area,and no exception to the
general office parking standard will be granted under this subsection.
Related Code Revisions
Ord,Section Code Ole Revirlon Effect
4 3.2.2(Kx4) Adds parking flaWbility for orates with a high number of
employees
759 Amend 3.6.4(C)-Transportation Impact Study-to clarify that a TIS is not always required
for small inflll projects.
Problem Statement
One of the findings of the Business Outreach Project is that there is a question as to
whether or not a Transportation Impact Study(TIS)is needed on small infill or
redevelopment projects. If not,then what is the threshold at which point a TIS could be
waived?
The existing code reads as if all development plans are absolutely required to submit a
TIS. In fact,this is not the case. Chapter 4 of the Latimer County Urban Areas Street
Standards(LCUASS)—Transportation Impact Studies—states that the TIS may be waived
if certain criteria are met. LCUASS contains criteria allowing the waiver of a TIS. For
example:
Upon submittal of a Transportation Worksheet by the Applicant and written acceptance by
the Local Entity Engineer,the TIS requirement may be waived if all of the criteria below
are satisfied:
1.Vehicular Traffic
a.In Fort Collins(GMA and city limits),the trip generation must be less than 50 vph;
b.There are no additional proposed minor or major street intersections on major
collectors,arterials,or State Highways;
c.If the property is being redeveloped,the increase in the number of vehicular trips for
the proposed use does not exceed the trip generation from the existing use by more than 20
peak hour trips or 200 daily trip ends;
d.Any change in the type of traffic to be generated(i.e.the addition of new truck traffic)
does not adversely affect the traffic currently planned for and accommodated within,and
adjacent to,the property;
e.The scale or use of the proposed development or redevelopment is not likely to cause
less than acceptable levels of service on the adjacent public streets,accesses,and
intersections;and
f The proposed development or redevelopment is not in the vicinity of a street or
intersection with a history of safety and/or accident problems.
G.There is no change of land use with access on to a State Highway.
2.Pedestrian Traffic
Paved pedestrian facilities exist or will be constructed on,or adjacent to,the site;or,the
proposed use will not generate any new pedestrian traffic.
3.Bicycle Traffic
Paved bike lanes or paths exist or will be constructed on,or adjacent to,the site;or,the
Wednesday,Novemba 29,2006 Page 10 of I I
proposed use will not generate any new bicycle traffic."
As can be seen,there is a mechanism currently in place that allows the TIS requirement to
be waived. Discussions among Engineering,Traffic Operations,and Transportation
Planning staff indicate that there is consensus that the thresholds mentioned above should
not be adjusted. Staff estimates that perhaps 1 in 5 TIS's are already waived for projects
that come into the City.
It is anticipated that the proposed change to the LUC code language will address the
confusion of this issue in two ways: a)it states that not all projects absolutely have to
submit a TIS and b)that by including the reference to the appropriate chapter in LCUASS
the applicant is immediately directed to a source that may better help them anticipate what
may required of their project in this regard.
Proposed Solution Overview
The proposed solution would clarify in the Code the flexibility that is already provided
for in common practice,as allowed for in the Latimer County Urban Area Street
Standards.
Related Code Revisions
ord.Section Code Cite Revision Efl'ect
7 3.6.4[C] Clarifies when a T.I.S.can be waived
760 Revise 3.6.6 to eliminate confusion between the emergency access requirements in the Land
Use Code and those in the Uniform Fite Code.
Problem Statement
Emergency access requirements are presently found in two areas,the Land Use Code and
the Uniform Fire Code. This is considered an overlap and duplicative.
Proposed Solution Overview
The proposed solution is to delete the Emergency Access section out of the Land Use
Code and rely on the adopted Uniform Fire Code.
Related Code Revisions
Ord.Section Code Cite Revision Eil`ect
8 3.6.6(B) Deletes emergency fire access standards and references
Uniform Fire Code
Wednesday,November 29,2006 Page 11 of 11
Land Use Code Revidoas
Annotated Ordinance Index
Ord.Setting N Code Cit Revision Effect iume
1 2.41(G)(1xb) Claris review procedure for Type One uses with® 738 Amend 2.4.2(G)(I)(b)-P.D.P.Review Procedures-to
O.D.P.,s clarify that a Type One use may remain eligible for a
Baring Officer review even though it is pan of an
O.D.P.
2 3.2.2(K)(1xa) Removm minimum residential parking m T.O.D.eras 670 Armand 3.2.2(K)(l xa)-Parking-to allow Iowa
mnimum onshe residential parking for muhl-&a*m
Transit Oriented Development arms.
3 31.2(K)(2)(a) Deletm the 20%extra requaemmt for parking 749 Amend 3.21(K)(2)(a)-Non-residential Parking
ids milizmg the 20%booms in spaces Requiremma-to delete the requvemat that parking
lob Wet use the 20%bonus allowance must also
Provide 20%additional lmdacePingi
4 3.2.2(K)(4) Adds pwkmg fkxibilfly fa offices w%&a high number of 751 Ravin 31.2(Kx4)-Eacaptim to the General Office
employes Parking Category-to add Bwbiiity in drerm nmg dae
aranba of pwkmg apace for non-rubbo marl office
users such as all cmtem
5 31.4(D)(3) Rapara c-Whance with lighting requirmumb for 740 Amend 3.2.4(Dx3)-ti8hting Design SWmbn*-to
existing gas canopies upon remodeling require f ngi mom4(ism km unda-cmopy fighting for
fad facilities m convocation with fascia remodels of
aiding camps.
6 3.51(D)(5) Allows larger detached acoemory buildings en a sliding 745 Amend 3.5.2(D)(5)-Maximum Sae of Detached
scale Accessory Buildings-by increasing the msximum size
allowed from 800 sq.ft.to 1,200 sq.8.for kiss between
20,000 sq.ft.and one more and 2,500 sq.ft.for lots
larger than one more.
7 3.6.4(C] Clarifies whm a T.I.S.can be waived 759 Amend 3.6.4(C)-Tnoepartatian Fact Study-to
clarify that a TIS is not always required for small MO
project.
8 3.6.6(B) Deletes eosergeney fire accms standard,and refaencm 760 Revise 3.6.6 to eliminate confrerim bewea the
Uniform Fine Code emergency access requirement,in the Lod Use Code
and ftm in the Uniform Fire Code.
9 3.8.6 Adds Shakers to the tick of the sub-mcbm under Grmrp 736 Crete a new Ind use definition for temporary shelters
Homes and eowndmg for vicuma of domnbc violence. Place
into 18 aomes ro be permitted as Brie Development
Review so there b an notice or public haring.
Wednesday,November 29,2006 Page 1 of 4
Ord.Seeders# Code Cit Revision Effect tame
10 3.8.6(D) Requires Shelters to be 1,500 fat fiom Group Homes err 736 Crate a new,led use definition for temporary shakers
otha Shebm and couaelieg for victims of domestic violence. Pea
into 18 aooea to be permitted as Basic Development
Review,se there's an notice or public hawing
I 1 3.8.7(L) Revises the duration of election signs 744 Amend 3.8.7-Sip Code-to update regulations of
election sips,electronic raderhoards and temporary
babas and permutes.
12 3.8.7(Mx4) Revises standards of electronic readerbards 744 Amend 3.9.7-Sip,Code-to update regulations of
election signs,electronic raderboards and temporary
banners and pmoes,
13 3.8.7(N) Revises the duration and size of temporary babas 744 Amend 3.8.7-Sip Code-to update regulations of
election sips,electmolc resdabomds and temporary
bamera and pemaos.
14 4.1(Bxl)(b)4. Adds Shelters to the R-U-L zone 736 Create a new,land use definition for temposary shelters
and cormsdmg far victims of domestic violate. Place
into 18 zones to be permitted as Bessie Development
Review so there is no notice or public haring.
15 4.2(B(1)(a).3. Adds Shelters to the U-E zone 736 Creme a new,trod use definition cur temporary shaken
and counseling for victim of domestic viotmee. Place
into 18 zones to be permifted as Basic Development
Review so there is no notice err public hunmg,
16 4.3(Bxl xa).3. Adds Shelters to the R-F zone 736 Create a new Ind use definition far Oemporary seekers
and tomselmg fur victims of domestic vlokm Piece
into 18 zones to be permitted as Brie Development
Review so there h no notice or public hearing.
17 4.3(E)(2)(b)(c] Carets a discrepancy regarding density under the Cluster 743 Amend 43(E)(2)(b)(c]-R-F Cluster Development-in
Plan option order to correct a discrepancy repuding density.
18 4.4(B)(1xa)2. Adds Shelters to the R-L zone 736 Create a new,hod use definition for temporary shelters
and omnseimg for victims of dmnestic violate. Pea
into 18 zones to be permitted a Boric Development
Review so there is no notice or public hearing.
19 4.5(B)(lxe)2. Adds Shelters to the 4M-N mae 736 Create a new hod use defnitia tar temporary slickers
and connecting for victims,of domestic violation. Place
into 18 zones to be permitted m Basic Development
Review so there is an notice or public Jmwm .
Wednesday,November 29,2006 Page 2 of 4
Ord.Section N Code Cit Revision Effect laane
20 4.6(Bxl xe)2. Adds SheMas to the M-M-N woe 736 Crate a new hod sae definition for temporary shelters
and counseling for victim of domestic violence. Place
into 18 wises to be permitted a Basic Development
Review so there is no notice or public haring.
21 4.7(Bxl)(a)2. Adds Shelters to the NC-L wine 736 Crate a new land use definition for temporary shelters
and counseling for victims of domestic violence. Place
into 18 wises to be permitted in Basic Development
Review so these is no notice or public haring.
22 4.7(DXI) Reduce the lot are-to-Boor are ratio from 3:1 to 2.5:1 742 Amend 4.7(D)(1)-NC-L Density-by reducing the
required lot armAo-Boor are ratio from 3-tol to 2.54o-
1.
23 4.8(Bxi)(a).3. Adds Shehees to the NC-M wine 736 Cram a near lend use definition for temporary shelters
and cmrodmg for victims of domestic violence. Place
into 18 zones to be permitted as Basic Development
Review so there is no notice or public hcmm&
24 4.9(Bxlxa)6. Adds Shches to the NC-B aone 736 Crate a new Ind use definition for temporary slickers
and coumdmg for victims of domestic violate, Place
into IS acmes to be permitted a Basic Development
Review so there is no notice or public hearing.
25 4.16(D)and(E) Revism and clvifia Downtown height standards 730 Amend 4.16(D)-Downtown Zone Development
Stands*-by revising the building height shnlards in
the Cenyon Avenue and Civic Cater sub-districts of
the Downtown ware.
26 4.16(B)(2XA) Adds Shehem to all 3 sub-0istricka of the Downie"zoom 736 Create a new Ind use definition for temporary shctas
and counseling for victims of domestic violence. Place
imo 18 wines to be permitted a Basic Development
Review so there is no notice or public hearing.
27 4.17(B)(1)(e)2. Adds Shchm to the R-D-R ware 736 Crate a new Ind use definition for temporary shelters
and counseling for victims of domestic violence. Place
into 18 zones to be permitted as Basic Development
Review w there la ne notice or public haring.
28 4.18(B)(lxe)2. Adds Shelters to the CC was 736 Crate a new lend use definition for temporary shakers
and cotmeemg for victims of domestic vioienec Piece
into 18 was to be permitted as Basic Development
Review so there is no orrice or public haring.
29 4.19(BN I)(a).3. Adds Shelters to the CC-N some 736 Creme a new had lox definition for temporary sudfers
and orunsel ng for victims of domestic violate. Piece
into 18 arse to be penmsed a Basic Development
Review so there is no notice or public hawing
Wednesday,November 29,2006 Page 3 of 4
Ord.Sectioa# Code Cit RevWon Effect lane
30 4.20(Bx Ixe)2. Adds Shehes to the CC-R zone 736 Create a new load use definition for temporary shelters j
and connecting for victim of domestic violence Place
into 18 mnta to be permitted a Basic Development
Review ao there la no notice or public hearing.
31 4.21(Bxlxe)2. Adds Shakers to the C zone 736 Crate a new had use definition far temporary shelters
and counseling for victim of domemic violence. Place
into 18 moos to be permilted an Bask Development
Review an,there la an notice or public hewing.
32 4.24(B)(I)(a)8. Adds Shelters to the C-L zone 736 Create a new land use definition far temporary shehee
and counseling for victim of domestic violence. Place
into 18 zones to be permitted as Basic Development
Review so there is no notice or public hewing
33 4.24(B)(1xe) Allows satellite dishes wider then 39 inches in C-L zone 741 Amend 4.24(B)(1xe)-C-L Accessory Uses-to allow
satellite dish antenoaea wider than 39 inches as a
permitted use Coeructs an"caught and bangs
consistency aeons all commercial wima.
34 4.26(B)(1)(a),3. Adds Shelters to the HC zone -736 Create a new land use definition far temporary shakos
and corinadmg far victims of domemie violence. Place
Into 18 zones to be permitted as Bessie Development
Review so there la an notice or public hewing.
35 4.27(Bxl)(e)2. Adds Shelters to the E wine 736 Create a new lad use definition for temporary shedtea
and corweling for victims of domestic viokace. Place
Into 18 zones to be permitted as Basic Development
Review an there is an notice or public haring.
36 52.1 Adds a definition for Shelter for victim of domestic 736 Create a new load use definition for temporary shaken
violence and cmmuhng for victims of domwbc violence. Platt
Into 18 zone to be permitted an Basic Development
Review,an there is an notice or public hearing.
37 5.1.2 Adds a definition for Transit Oriented Development 670 Amend 3.22(K)(1)(a)-Peking-to allow lower
mummers oosite residential parking for multi-family in
Transit Oriented Development arm.
Wednesday,November 29,2006 Page 4 of 4
ATTACHMENT
ONE CHANGE SINCE COUNCIL WORKSESSION
OF OCTOBER 24 2006
PORTABLE SIGNS
There is one change since the City Council worksession of October 24, 2006.
This change pertains to Portable Signs (part of Item 744) which has been
continued based on Council direction and from input from the Downtown
Business Association and the Downtown Development Authority.
Item 744 Amend 3 8 7 — Sian Code —to update regulations of election signs,
electronic readerboards and temporary banners and pennants.
1. October 24, 2006 Council Worksession
Council expressed concern that if every business in Downtown displayed
a portable sign, on an unlimited basis, then the amount of clutter would be
unacceptable. However, Council went on to express that portable signs
could possibly become more attractive if there were higher minimum
uniform design standards that guaranteed higher quality and aesthetics. It
was suggested that the Downtown Development Authority and the
Downtown Business Association could take a lead role in developing
these standards. Concerns were also expressed regarding unlimited
duration and maximum allowable height of five feet. As with banners,
there was an indication that special allowance should be made for new
businesses advertising a grand-opening event. Council concluded that
regulating portable signs represents a very delicate balancing act between
overall community aesthetics and the desire of individual merchants to
advertise their products and services.
2. November 8, 2006 Meeting of the D.B.A. Board with D.D.A. Director
Staff met with the D.B.A. Board and the Director of the D.D.A. to explain
Council's direction and gain feedback from affected downtown merchants.
Board members acknowledged that existing portable signs on the
sidewalk (public right-of-way) are illegal but enforcement is inconsistent
and on a complaint basis only. Board members expressed concern there
would be a special allowance carved out for new businesses only.
Further, board members expressed concern that establishing and then
enforcing minimum design standards could be a challenging task.
The Board voted to form a sub-committee to work with Staff to refine
minimum design standards and to explore all other issues related to
portable signs in the right-of-way in Downtown.
Since downtown portable signs are expected to be located exclusively within
public right-of-way, any changes would be to City Code, not the Land Use Code.
ATTACHMENT
SUMMARY OF P & Z DISCUSSION
REGARDING TWO ITEMS
� At the P & Z Board hearing on November 16, 2006, the Board voted 6 — 0 to
recommend approval of all but two individual items. For the revisions proposed
for Down g Temporary Downtown Height and Tem ora Banners, the Board took two separate
actions which are summarized as follows:
1. Item 730 —Amend 4.16 (D) — Downtown Zone Development Standards
— by revising the buildina height standards in the Canyon Avenue
and Civic Center sub-districts of the Downtown Zone.
Two points of view were expressed by the Board. The first view is that the
proposed revisions represent a significant improvement over the existing
language. In addition, the recommended height designations on a block-by-block
basis are appropriate. This view was held by four members.
The second point of view is that while the development standards are indeed an
improvement, the block-by-block height limits are arbitrary. The 150-foot height
limit is allowed on blocks that are unlikely to redevelop. This view was held by
one member.
This second point of view was further described as being appropriate for the
three lower heights (45, 85 and 115 feet), but particularly arbitrary for the highest
allowable height of 150 feet. There was an acknowledgement that all height
metrics are to be interpreted as "plus-or-minus" for flexibility, but such
administration of the Code is seen as being insufficient to reward additional
height characterized by design excellence. For example, a 14 — 16-story building
could be designed in such a way as to be a positive contribution to the downtown
urban form even though it would exceed the maximum height of 150 feet by more
than what could be interpreted to be within the "plus-or-minus" range. This view
was held by one member.
All members agreed that the Downtown Strategic Plan should be amended to
include language that would guide consideration and justification for a potential
Request for Modification for additional height. Such language is expected to
include, but not be limited to, references to such factors as provision of private
parking structures that would be interpreted has having a public benefit.
The Board voted 4— 2 to recommend approval roval of the item as written in the draft
Ordinance.
ATTACHMENT
2. Amend 3 8 7 — Sian Code —to update regulations of election signs,
electronic readerboards and temporary banners and pennants.
This revision is divided into three sub-sections. The discussion, however,
pertained only to temporary banners and pennants.
There were two points of view expressed by the Board. The first point of view
recommended that that number of days for all businesses, not just those in their
first year, be expanded from a maximum of 20 to a maximum of 40 to match the
allowance given to new businesses and non-profits. Such a change would
benefit small businesses whether new or established. There would be no clutter
effect and the benefits would be significant.
The second point of view held that the proposed revision, as drafted, is preferred.
This would allow all new businesses and non-profits to gain an extra 20 days for
a maximum of 40 but retains the 20-day maximum for all others. There would
indeed be a clutter effect should every business be allowed an extra 20 days.
The existing maximum of 20 days is sufficient to advertise specials and annual
sales events. The existing maximum treats all businesses equally. If an extra 20
days were added, and if one business used all 40 days, then all competitors
would be compelled to use all 40 days and the image of the community would
diminish.
The Board voted 4— 2 to recommend approval of the item as written in the draft
Ordinance. This would allow an extra 20 days, for a total of 40 days, for new
businesses and non-profits.
n rofits. All other businesses would be held to the existing
maximum of 20 days.
ORDINANCE NO . 192, 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 .4 .2(G)( 1 ) of the Land Use Code is hereby amended
to read as follows :
(G) Step 7(A) (Decision Maker) : Applicable as follows :
( 1 ) Administrative review (Type 1 review) applies to a project
development plan that satisfies all of the following conditions :
(a) it was submitted after the effective date of this Land Use Code
and is subject to the provisions of this Land Use Code ; and
(b) it is not subject to A.H. evema" lll development plan; an
(eb) it contains only permitted uses subject to administrative review
as listed in the zone district (set forth in Article 4, District
Standards) in which it is located.
1
Section 2 . That Section 3 .2 .2(K)( 1 )(a) of the Land Use Code is hereby
amended to read as follows :
( 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) 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).
1 . Multi-family dwellings within Transit-Oriented
Development (TOD) shall have no minimum
parking requirements .
Section 3 . That Section 3 .2 .2(K)(2)(a) of the Land Use Code is hereby
amended to read as follows :
(2) Nonresidential Parking Requirements: Nonresidential uses will be
limited to a maximum number of parking spaces as defined by the
standards defined below.
(a) The table below sets forth the number of allowed parking
spaces based on the square footage of the gross leasable
area and of the occupancy of specified uses . In the event
that on-street or shared parking is not available on land
adjacent to the use, then the maximum parking allowed
may be increased by twenty (20) percent, ovidea ha he
twenty (2 )peree-nt.(This twenty percent increase shall
not apply to the "genefal affiee " use eateger-y.)
Section 4 . That Section 3 .2 .2(K)(4) of the Land Use Code is hereby amended
to read as follows :
2
(4) Exception to the General Office Parking Standard. An exception
to the general office parking standard as established in the table
contained in Section 3 . 2 .2(K)(2)(a) shall be permitted for the
purpose of ensuring that the parking provided is adequate but not
in excess of the users ' needs . Requests for exceptions to the
general office parking standard shall be reviewed according to the
procedure and criteria contained in subparagraphs (a) and (b)
below. Exceptions shall be available en4y-to those projects where
the number of anticipated employees can be reasonably estimated,
and such exceptions shall apply only to the ratio between the
number of parking spaces and the number of employees, and not to
the ratio between the number of parking spaces and the gross
leasable area.
reasonably
estimated,
st mate then the applicable
par-king standard
steal be
the ratio between the au4ber- of par-king spaees a-ad the gross
leasable afe
ons1e—[ELT a and no emGep Lion tG the genefal offiee par-kin
Section 5 . That Section 3 .2 .4(D)(3 ) of the Land Use Code is hereby amended
to read as follows :
(3 ) Light sources shall be concealed and fully shielded and shall
feature sharp cut-off capability so as to minimize up-light, spill-
light, glare and unnecessary diffusion on adjacent property . Light
fixtures shall be attached to poles and buildings by use of
nonadjustable angle brackets or other mounting hardware. Under-
canopy fueling areas shall feature flush-mount, flat lens light fixtures
as part of any newly constructed canopy or remodeled canopy.
Section 6 . That Section 3 . 5 .2(D)(5 ) of the Land Use Code is hereby amended
to read as follows :
(5) Maximum Size of Detached Accessory Buildings. Any detached
accessory building that is incidental to a single-family or two-
family dwelling shall contain a maximum of eight hundred (800)
square feet of floor area on lots which are less than twenty
thousand (20,000) square feet in size, a maximum of one thousand
two hundred ( 1 ,200) square feet of floor area on lots which are
between twenty thousand (20,000) square feet and one ( 1 ) acre in
size, and a maximum of two thousand five hundred (2 ,500) square
feet of floor area on lots which are larger than one ( 1 ) acre in size,
except that the size of such building may be increased by the
minimum amount necessary to accommodate a handicap accessible
3
parking bay when such a bay is required by the city's Building
Code .
Section 7 . That Section 3 . 6 .4(C) of the Land Use Code is hereby amended to
read as follows :
(C) Transportation Impact Study. In order to identify those facilities that may
be necessary in order to comply with these standards, al
development plans must submitmay be required to include the submittal of
a Transportation Impact Study, to be approved by the Traffic Engineer,
consistent with the Transportation Impact Study guidelines maintained
int inn by
was established in Chapter 4 of the Larimer County Urban Area
Streets Standards.
Section 8 . That Section 3 . 6 . 6 of the Land Use Code is hereby amended to
read as follows :
3 .6.6 Emergency Access
(A) Purpose. This Section is intended to ensure that emergency
vehicles can gain access to, and maneuver within, the project so that
emergency personnel can provide fire protection and emergency services
without delays.
(B) General Standard. All developments shall provide adequate
access for emergency vehicles and for those persons rendering fire
protection and emergency services by complying with Article 9, Fire
Department Access and Water Supply, of the Uniform Fire Code as adopted
and amended pursuant to Chapter 9 of the City Code. All emergency access
ways, easements, rights-of-way or other rights required to be granted
pursuant to the Uniform Fire Code must include not only access rights for
fire protection purposes, but also for all other emergency services.
( , ) Any
emer-geney aeeess r-equir-emefft may be medified by the
nZL Marshal pursuant to the preEed fes set forrth in the FFeEode
4VAThPiH�tFHGtL�en nro r r-AIIv � VV�Ttl au tem LT�vr2II1Q systems .
S C modifle tIons may in
ide access dist
cEeSJZdLJe H}ce1 longer than
h ea fi ,:fifty ( 50)e �Pe�e tl�, nc�e-ase�g�le,
reduced tum roi nds and
n longer Bond e.4 tffl.d dis eays
Cr�ik9wg 'oeent'L�I t All pV.4iotasY"otl�e PVXtW.AflAr �c ,V1� TC;114 A4 twhPO,
story of
any strueftffe midst be located within one hundFe fifty ( 1 50) foot o
a publie s treeet-( xeep}tMAPVFi t eaiets) E)v rode ei� ri7Te7ad+*2l
which
is fire apparatus
ea by maneuvered.
m��ieWfiey VL.ir�4ce sNRea
4
ri ) Eime\-gen 11 Teees fo ads may be
v�llblln nGrG� .�eep
`�1p.Vi A 1l .•1Y2..etS) (pan alloys,
1 1 0y�f-kin ! lots ,
MYl [ 1 }� 1neets of mila
Yeli�!ioula UEVVJs DfiNTewa Tl �rc ,; etae le�'1 individual
ndi ,l; !'I,Z,Cnll
a } ) 1
�e!ll�x�itS lee rOt mC+G��.f—PV fA. vA Zefi if
they do not
evened one
hundred ( 1 00) feet it length-.
nn n roar] shall be
L ty (20) feet, nnrt that upon lime
ucC�`s�vcscr�nzrrr-v�� eiiTy--�z� �Xcc�� �crpvir �wrrtt€�33
fesi nrtinl loln alley nl streets pf!oyide that aey streets nr`nTly with
all
Ot ef: applies le feEtt IYOmWrtn nllrtnlr� �0dY i.mr,�tNW Miffe C;OEle
ll
(3 ) The minimum nobs �uEC ]�ICCshall e thift1"TG (30) fee
on at leastorn ( 1 ) side of
the building.
r ildin The building
ull i g height
eig t shall b .e
( 4 ) T,imet!genny aeeess
�^ ads may in eom11'ImlIefeial
tfa€ e eifeulation pattents . All ernef!gexey fit!e =aeoesrs fonds shall.
any emefgexey fire aeeess foad shall be Eentingetit upon theabi'�f
Under-
I�PN eUthel eofidi .ions and must meet{he f6 11 /1witi t mlrlmllm
(a) The width must be a minimum
of twenty (20) eC.-
Cal The suffaee
must be
eapable of
llppo fting�figRl�ting
a.aCLLl
(d)Af y aceess limiting devinnn�employed,
must be
(e Tequedenergency access mads , including public
streets shall be nr rl nor� �lnon o �o�i�ro nrlrrvrornomen
of above
rrrollrd nr,rntrllntir,r
(f) Bead efids .
E9irrt.wREtec EE9 c�i�C�Adbit�the�i County T f
Afea 3 tt!eet� tatidat!dn )Tany dead end fife CGG +ee`1i s r�1-load tha
exeeaea n rl
1 ro hue. red er ,Aft ( � 50) fE efigt�
F„Tir'ncVYid IIIAAA with n minimum
one
edfoot a ete
l ll^ �
tr n l-o lr /Y .
5
'' No dead-end end length eniefgency fife access
foa sh ll eveeefl six l-\und fell sixty (6
60) feet
( ) T11f 1Ng Radius .
The s fo u h mlNlmllm g r t
eme1_`go fife
aeees ieet inside 1fl/nads alfid fty \1n pafk 1 nl ,�ll y en+y
five (25 ) (�
feet outsi
roads shall
be
of
nN nNNrfi\ efl hnrfl suffnee of
eomNnetefl rfin fl
stiff all be
maintainable
e 1N all
) n r Nlll Nc1
� 1 zar-v�rrui�ic�3 1 �iar-vl�iezr �cer�art�eTrrs
1N 1ding stgo3 \ 1 Y oy y bridges
Y elll \ 1 s must meet 4S
arE�l-cmxx�snv�r�l�v 1�vrrcrgcs4rcm�e�Tiim�niGcczro
20 design efitefia. Gfass-efet similaf soft suffaee fnatefials
shall be prohibited.
(i)Easements . Alllemefg€3i£y fifciiceess foads shall have
( VeftiealCleafanee . The m1Nlm11m vertical eleatunee shall
(k) Gr The
m m11TIL 1mf"Mradeof an efnefg ncy fifGTaeeesT
r_ / 4ing TG � y T�=aftesigns sh
ND NY1\ Ii ef along
eur-b . \ efe paf king
eo lf obstif ettlem1N1ml1N \\ i tN and
to ; fadius . Cufbs in these afeas "shah be painted fed..
( ) FieneeS�ei tcc�--chat.--^vv tE�e6�? l2�ed f; fty-xv�^vtrircc@Sfi
dicta ee f6f the
laying
of
the
Tlr^ hose
ffom the
fife trllek to the
side of N^nN
of the stmetafe shall be pfevidedwit.h. gates ,
(I � \ SiLIRA� 7� � Street names
shall
not duplle is g stN^
t�� crcc�EN�`�E1S�crcc�rrc`�11�i cz����X��i�-rcrce�
�ljy' e iii the city po r- the Df udfe Valley Fire
�meeo ar-y
131aivet�ch as VV11rt(�C� Yd and [iL��ays may he sam�meliOai....^'a��
�MNIm I stfe \ ]�1 ed y nr0 NNe 1Nee I }� NNIm 1 stNe t
�� FLU �ir�c612IIGFi��TI�rLrGc Cv �TCrG�iC
IN s f!ox mitt o tNe^ es IN same
e N
£kl�(�z�rr �c�t� eachother-. � ec�6n
may ehatige-ax \ at tee-i-al. -'tfce�s tfce all iaeofpofate the
3 d nofth-se�t�e-act-we be� gsyi ste e�gen^fie
aeee(�s 1V1UlAJ��� with
foyed. 4oV1 J1��e�
T �TOTr
nifoNm Mite Code Section 4.4 . )
Xw,m �uGT1SAv wad 4dalmm..wa 1-Irfived fmfl.i s of shA fl. 'C G
pt!oNTidefl ffGTr-Lo all new and (existing buildings
d c.�\ nl� - positioned to be
plainly
legible
1TNlAm shaflfi.Pll also
nN Nil n r (� ,7t1N 1 (� l i if
n
fire lnNe is Nequif!e/Y the addf!ess shah moll he visible ff!om111tNe T1Nel Ia
6
Section 9 . That the title of Section 3 . 8 . 6 of the Land Use Code is hereby
amended to read as follows :
3 . 8 . 6 Group Home Regulations and Shelter for Victims of Domestic
Violence
Section 10 . That Section 3 . 8 . 6 of the Land Use Code is hereby amended by the
addition of a new subsection (D) which reads in its entirety as follows :
(D) Shelters for victims of domestic violence shall be separated from any other
group home or shelter by a minimum of one thousand five hundred
( 1 ,500) feet.
Section 11 . That Section 3 . 8 . 7(L)( 1 ) of the Land Use Code is hereby amended
to read as follows :
(L) Election Signs.
( 1 ) NeElection signs authorized by Section 3 . 8 . 7(C)( 1 )(g) or
3 . 8 . 7(D)(2) shall be allowed on a lot pr-iofto y five 45 ) days.
provided,before an eleetion day; 1
eleetio sign
ig to r011 ai on
fl of in
any
zone distr-iet TAN /1 1 1 ongeN pefio !Y
may apply to the Zoning Board of Appeals for- a vafianee to e*tea
he time pefiod. The boards"hr� ,i.L1l detefmine, based upon faetorT7the
than agfeeffietit or- disagt:eefflent with the eoi4en4s of the paAietil
election sign w-hothef there is sufficient reason for- an otime and the eyvaet amoun+ of time to be allowed tmder- my extension,
taking into consideration
onsideratio the
v.ufpose for-
which
is the
sign
ig was
ur-ecte
7
cs koAhor or floc that r.ufpose would
oul still be, se.-.ad seffl.wed by allowing
the nithe.
1g
t0r o lob for- a additional o o f time an thp
�e�3i-�Hl�r� �v�rvrzcrr-cccn-�rt16 period
�..a�, ccrn��L�117V7
appropriate of e " eeess`�yto effeetuate triit All
election signn at any time prior to the election day to which the sign
relates and shall be removed within four (4) days after the election
day.
Section 12 . That Section 3 . 8 . 7(M)(4) of the Land Use Code is hereby amended
to read as follows :
(M) Electrical Signs.
(4) Electrical signs that contain an electronic changeable copy module
stshall be pFogFammed se that the displayed message
does no
change 4equen ly than
onee
pef fin.ifl.uto sATthi�Tt t�, message
7
ehange oeeufs without the use of sefolling, flashing, fading Qthe
s : Y,..ilaf e ffe . subject to the following limitations :
(a) The module must be programmed so that the displayed
message does not change more frequently than once per
minute and so that the message change occurs without the
use of scrolling, flashing, fading or other similar effects .
(b) The message center must be provided with automatic
dimming software or solar sensors to control brightness for
night time viewing.
(c) The message must be monochrome in an amber, green,
blue or white color.
(d) The area of the electronic message display shall not exceed
fifty (50) percent of the total area of the sign face.
(e) Electrical signs that contain an electronic changeable copy
module which do not comply with the provisions of this
section shall be removed or made to conform by December
29 , 2013 .
Section 13 . That Section 3 . 8 . 7 (N) of the Land Use Code is hereby amended to
read as follows :
(N) Banners and Pennants. Banners and pennants are allowed in any zone
district, provided a permit is obtained from the Director. Any
businesspermittee shall be entitled to use banners or pennants for not more
than twenty (20) days per calendar year except that an additional twenty
(20) days per calendar year shall be allowed for non-profit organizations,
and for new businesses during the first year of operation. The
AdministratDirector shall issue a permit for the use of banners and
pennants only in locations whiehwhere such banners and pennants will not
cause unreasonable annoyance or inconvenience to adjoining property
owners or other persons in the area and on such conditions as deemed
necessary to protect adjoining premises and the public . The maximum size
allowed for banners is forty (40) square feet. The applioan.t sha
anyAll banners and pennants Pr-eete ' pursuant
to a w, , v,;*shall be removed
on or before the expiration date of the permit. If any person, business or
organization erects any banners or pennants without receiving a permit, as
herein provided, the person, business or organization shall be ineligible to
receive a permit as herein provided, for a banner or pennant for the
remainder of the calendar year.
Section 14 . That Section 4. 1 (B)( 1 )(b) of the Land Use Code is hereby
amended by the addition of a new subsection 4 . which reads in its entirety as follows :
8
4. Shelter for victims of domestic violence.
Section 15 . That Section 4.2(B)( 1 )(a) of the Land Use Code is hereby amended
by the addition of a new subsection 3 . which reads in its entirety as follows :
3 . Shelter for victims of domestic violence .
Section 16 . That Section 4. 3 (B)( 1 )(a) of the Land Use Code is hereby amended
by the addition of a new subsection 3 . which reads in its entirety as follows :
3 . Shelter for victims of domestic violence .
Section 17 . That Section 4 . 3 (E)(2)(b) of the Land Use Code is hereby amended
to read as follows :
(b) Minimum lot sizes may be waived by the Planning and Zoning
Board, provided that the overall density of the cluster development
is not greater than one ( 1 ) unit per gross acre, and the „ nits are
eluster-ed tegethef in the pei4ien of the pr-epefty designated on the
plan for-
residential use at n density of
thfee (3 ) to fide (5) limits pe f
gross .
Section 18 . That Section 4.4(B)( 1 )(a) of the Land Use Code is hereby amended
by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence .
Section 19 . That Section 4. 5 (B)( 1 )(e) of the Land Use Code is hereby amended
by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence .
Section 20 . That Section 4. 6(B)( 1 )(e) of the Land Use Code is hereby amended
by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence .
Section 21 . That Section 4. 7(B)( 1 )(a) of the Land Use Code is hereby amended
by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence .
Section 22 . That Section 4 . 7(D)( 1 ) of the Land Use Code is hereby amended to
read as follows :
9
( 1 ) Density. Minimum lot area shall be equivalent to at least three
( two and one-half (21/2) times the total floor area of the
building(s), but not less than six thousand (6,000) square feet. For
the purposes of calculating density, "total floor area" shall mean
the total gross floor area of all principal buildings as measured
along the outside walls of such buildings and including each
finished or unfinished floor level plus the total gross floor area of
the ground floor of any accessory building larger than one hundred
twenty ( 120) square feet, plus that portion of the floor area of any
second story having a ceiling height of at least seven and one-half
(71/2) feet located within any such accessory building located on the
lot. (Open balconies and basements shall not be counted as floor
area for purposes of calculating density) .
Section 23 . That Section 4. 8(B)( 1 )(a) of the Land Use Code is hereby amended
by the addition of a new subsection 3 . which reads in its entirety as follows :
3 . Shelter for victims of domestic violence.
Section 24 . That Section 4. 9(B)( 1 )(a) of the Land Use Code is hereby amended
by the addition of a new subsection 6. which reads in its entirety as follows :
6. Shelter for victims of domestic violence .
Section 25 . That Sections 4 . 16(D) and (E) of the Land Use Code is hereby
amended to read as follows :
( i ) F400 Area. All new buildings gr-e-ateFthan fifty thousand (50,000)
sqiinTlTlllfeet ; rr f l. l�Y nvvea andany itio„fis of greatCrthan 4
thousand
( 50 , 000)
square
feet to evicting buildings
shall
be stfl eet to
(2) Dimensional 1J tandarGLGITRTi11dimensional
standardsa ri-�- e set foFLI on
fhR A:h A44 P,lo il •
AlfinimiUm lot size None None None
r4ini iffi , ro yard Wt1, v 0 0 0
Maxi,,,,,.,, buil,1:., .. l,o: ..l,t 4 stories not to exceed 56 For 11 G� 168 fee
10
slded ' tl'� + 1 ftl,� t T1
-lir-n: ^vcur-^or-cri wi-Sr@&-Facie^--rncS@-f3F€ Ur@@ wry
Exeept as otherwise allowed in 4 . 12(E)( ! )(a�.
(BD) Development uilding Standards.
t" BHild4lqg Design.
Building
Setbacks . Building
setbacks shall
be minimized i12
uece�anc ith the ^" ^ standards to er-e-ate tea'
continuous street fir-ont :
C o♦•bnr]�n fi�v v� occ � buildings shall nl. `rv� cc ��♦•'h ♦•ho notbaeks 0
i �
existing n- buildings within ivy the block face in whichthe nocsT
building in being constructed of with the setback of n f4ei g
bleek if no buildings e�iist on the same bleek fa
22 in the Old City Centef SuvdisstFiet, t23Gfom4h story of
building shall be set bEtek at a thii4y five degf-ee angle
measured at the intefseetion of the floof plane of the fo
story and the pfepefty line along the publie st-feet ffentage.
See Figure 19-.
3 . The ffefA yar-d sethaek requirement shall not apply to
building that in pfopose.d to be co stfueted between the
baek of an existing building and the f-eaf pr-epeftmy line e
the lot
o ci hie both buildings
will
by locate
( 1 ) Setback from Streets. A landscaped setback shall be required on all
block faces west of Mason Street, excluding the block faces along the west
side of Mason Street, except that no such setback shall be required at
building entrances, or in front of display windows along the street
sidewalk. Setbacks shall be compatible with established setbacks of
existing buildings on the same block face and necessary utility easements .
Landscaping shall be designed as an integral part of the development plan.
At a minimum, the width of such landscaping shall be adequate to allow
for health and viability of proposed plant materials.
(2) Building Height.
(a) Buildings in the Old City Center shall not exceed four (4) stories
or fifty-six (56) feet in height.
(b) The maximum height of buildings in the Canyon Avenue and Civic
Center shall be as shown on the Building Heights Map (Figure
18 . 5 ) .
11
Proposed Height Limits
150 feet, 10 - 12 stories
115 feet, 7 - 9 stories
— - — +/- 85 feet. 5 - 6 stories
00
N - 5 - 6 +/- 45 feet, 3 - 4 stories
- ioo Note: On blocks with multiple height
t MAPLE ST limits, lines convey general building
massing concepts, not exact dimensions.
Z9
c
Civic Center & Canyon
Avenue Sub-Districts
Vl z
-C~ru
�' wi " GO _ — Other Zone Districts
x
p - z z
LAPORTE AVE
J \
eRal� _ o a 5 - 6
o . ( J 7 '
O � _ $5 - I TRI
�r
- Z Al J p sr
� MOUNTAINAVE S E MOUNTAIN AVE
3 - 4
WM125I 150
45cou N _ J Hz r
,
� OAK ST E OAK T
y —
Efffj
11
m �_ rJ p Li S - 8 1
LU
H W OLIVE STfig
- - -�
� P >
o n 454 10 - 12 w
5 - 6 150
�a 85 � H
W MAGNOLIA ST E MAGNOLI; ST
TIT FTP
- 1
\ 150 10 - 12
ncoln Cenle
� — — — —
E MULBERRY ST
1 -
' A Q5 ' 89
69
Canyon Avenue/Civic Center Subdistricts - Downtown Height Issue
Proposed Height Limits
CRY ar ran cairn
C v.vni-y N-.wq 4M,MM,-li.l S--[ a
PMs, � R-v-pG9-Onw� n
Jv. n' xoac C'Ity o/ For1 Colllro
Figure 18 . 5
(c) Measurement of Height Limits for the Canyon Avenue and Civic
Center Subdistricts . The maximum height limits are intended to
12
convey a scale of building rather than an exact point or line . In the
case of sloped roofs, building height shall be measured to the mean
height between the eave and ridge . The maximum height limits are
not intended to hinder architectural roof features such as sloped
roofs with dormers, penthouses, chimneys, towers, shaped cornices
or parapets , or other design features that exceed the numerical
limits but do not substantially increase bulk and mass . Lofts or
penthouses projecting above the limits shall not exceed one-third
( 1 /3 ) of the floor area of the floor below, and shall be set back
from any roof edge along a street, by a distance equal to or greater
than the height of the loft or penthouse structure. See Figure 18 . 6 .
AV<A nTCTuV-AL
csrTlp.6f
'GYP. r.G i<nT
. ^ r
{
Figure 18 . 6
Height. Buildingever- geuf (4) sterieser- fifty six (56)
whichever- is greater-, shall to a mooning
]B^ zeA4ePAT hARRd errthe�t ArflsRot fA44h i:n
Building and Project Compatibility-.
(3 ) Planning and Zoning Board Review of Large Buildings. Development
plans with new buildings (or building additions) greater than twenty-five
thousand (25 ,000) square feet in floor area per story, or which exceed
either six (6) stories or eight-five (85) feet in height, shall be subject to
Planning and Zoning Board review.
(4) Building Mass Reduction for Taller Buildings (over three [3] stories).
(a) Old City Center: The fourth story of a building shall be set back at
a thirty-five-degree angle measured at the intersection of the floor
plane of the fourth story and the property line along the public
street frontage . See Figure 19 .
13
v
:a
NO BUILD
AREA o
a
i
i
4' Story
3
Angle
------ Floor Plane
V Story
2' Story
w
V Story
Fourth Story Setback
in the
Old City Center Subdistrict
Figure 19
(b) Canyon Avenue and Civic Center:
1 . Base . Taller buildings (over three [3 ] stories) shall have a
base portion consisting of one ( 1 ) or two (2) stories, clearly
defined by a prominent, projecting cornice or roof,
fenestration, different materials, and different colors from
the remainder of the building. If the base portion is two (2)
stories, the ground floor shall be further differentiated by
fenestration and other detailing.
2 . Upper Floor Setbacks . Upper portions of taller buildings
shall be further set back above the base in such a manner as
to contribute to a significant aspect of the building design.
Upper floor setbacks shall be determined by an emphasis
on pedestrian scale in sidewalks and outdoor spaces,
compatibility with the scale and massing of nearby
buildings, preservation of key sunshine patterns in adjacent
spaces, and preservation of views in order to insure
sensitivity to the historic context and scale of downtown,
and to maintain a degree of open sky as part of the visual
character of the city.
14
�tF ( c�1+T
�DIT1�tJAL
! vt� T ?� � MAP OIL
f IT✓ j�bN Tb M rli & .Av!E
L ►.TDSCAA {7 HSJJ r T ABov E Af PUNS
5tT13 Ac KL -� Sb V?T sw ira F N1ia N75
WOOMMENMONNEENNOMMUMONaft
MENEWOND
`14
Nrt tettT
Massing, ground floor setbacks, and upper-floor setbacks shall be compatible with the historical and
pedestrian character of Downtown, shading, views, and privacy.
3 . Additional upper floor setback and mass reduction for
buildings over six (6) stories or eighty-five (85) feet in
height in the Canyon Avenue and Civic Center subdistricts .
The Planning and Zoning Board may approve additional
height above six (6) stories or eight-five (85) feet in those
areas shown on the Building Heights Map, provided that
the additional height is incorporated into the programming
and design of the building in such manner as to mitigate
mass and add significant architectural interest to a building.
Architectural design details, projections, recesses, and
rooflines shall be used to mitigate the additional height.
4. Alternative Compliance for Mass Reduction Standards .
Upon request by an applicant, the decision maker may
approve an alternative plan that may be substituted in
whole or in part for an architectural plan meeting the mass
reduction and setback standards in this subsection (4) .
a. Procedure. Alternative architectural drawings shall
be prepared and submitted in accordance with the
applicable submittal requirements . Such drawings
shall clearly identify and discuss the alternatives
15
proposed and the ways in which the plan will
accomplish the purposes of the applicable standards
equally well or better than would a plan which
complies with such standards .
b. Review Criteria. To approve an alternative plan, the
decision maker must first find that the proposed
alternative plan accomplishes the purposes of this
Section equally well or better than would a plan
which complies with the standards of this Section,
or deviates from the standards in a nominal or
inconsequential way. In reviewing the proposed
alternative plan to determine whether it
accomplishes the purposes of this Section as
required above, the decision maker shall take into
account whether the alternative is compatible with
its context in the mitigation of height and mass,
considering scale, views, shading, and privacy.
(25) Building Character and Facades.
(a) Blank walls . No blank wall that faces a public street, public plaza
1 \ oyr walkway shall exceed fifty (50) feet in length. l l 11
(b) St0reT tints . �Stofe ftonts are
an
integral
to 1�t of building
111i 1di g and
be in4egr-ally designed with the upper- floofs to be eempatible wi
he over-all faeade cha eten Buildings
uil i gs with
lllt� leT�PTronts
Q".hMl hvP., i �cc� "gh the HSe of--cafehiteetur--c` lly eo npir+Vl title
materials, colors, details, awnings, gnagezand lighting fixtuf
(eb) Outdoor activity. Buildings shall promote and accommodate
outdoor activity with balconies, arcades, terraces , decks and
courtyards for residents ' and workers ' use and interaction, to the
extent reasonably feasible .
(d) v , offs es . New ceffunercial development r�nce'rate any
.orm of she flat or amble roofs but. niir4h ree4n shMl l.o similar to
the
roofs of buildings
within the block faro
(ec) Windows .
1 . Glass curtain walls and spandrel-glass strip windows shall
not be used as the predominate style of fenestration for
buildings in this District. This requirement shall not serve
to restrict the use of atrium, lobby or greenhouse-type
16
accent features used as embellishments to the principal
building.
2 . If Gground floor retail, service and restaurant uses sh-aH
have large pane display windows., Ssuch windows shall be
framed by the surrounding wall and shall not exceed
seventy-five (75) percent of the total ground level facade
area.
(d) Nonresidential buildings . All nonresidential buildings permitted in
this District (including, without limitation, mixed-use and
industrial use buildings) shall meet the standards established in
Section 3 . 5 . 3 for mixed-use and commercial buildings .
(6) Parking Structures . To the extent reasonably feasible, all parking
structures shall meet the following design criteria:
(a) Where parking structures abut streets, retail and other uses shall be
required along the ground level frontage to minimize interruptions
in pedestrian interest and activity. The decision maker may grant
an exception to this standard for all or part of the ground level
frontage on streets with low pedestrian interest or activity.
(b) Parking and awnings, signage and other architectural elements
shall be incorporated to encourage pedestrian activity at the street-
facing level.
(c) Architectural elements, such as openings, sill details, emphasis on
vertical proportions such as posts, recessed horizontal panels and
other architectural features shall be used to establish human scale
at the street-facing level.
(d) The architectural design of structures shall be compatible in
architectural design with adjacent buildings in terms of style, mass,
material, height, roof pitch and other exterior elements.
(e) Auto entrances shall be located to minimize pedestrian/auto
conflicts .
(3E) Site Design Standards.
(a) Parking lots . Parking lots shall not dominate the frontage of
pedestrian-oriented streets, interrupt pedestrian routes or
negatively affect surrounding neighborhoods . Parking lots shall
be located behind buildings in the interior of blocks, in side
17
yards, underground or in a parking structure, to the maximum
extent feasible.
(b) Outdoor cafes . Restaurants shall be permitted to operate
outdoor cafes on sidewalks, including areas within the public
right-of-way and in courtyards , provided that pedestrian
circulation and access to store entrances shall not be impaired.
Outdoor cafes shall also be permitted to operate on rooftops,
balconies or other similar locations . The following standards
shall apply to all outdoor cafes :
1 . To allow for pedestrian circulation, a minimum of seven (7)
feet of sidewalk along the curb and leading to the entrance
to the establishment shall be maintained free of tables and
other encumbrances .
2 . Planters, posts with ropes or other removable enclosures
are permitted as a way of defining the area occupied by the
cafe .
3 . Extended awnings, canopies or large umbrellas shall be
permitted. Colors shall complement building colors .
4. Outdoor cafes shall be required to provide additional trash
receptacles in the outdoor eating area.
5 . Tables, chairs, planters, trash receptacles and other
elements of street furniture shall be compatible with the
architectural character of the building where the
establishment is located in terms of style, color, materials
and similar elements .
6 . The operators of outdoor cafes shall be responsible for
maintaining a clean, litter-free and well-kept appearance
within and immediately adjacent to the area of their
activities .
(e) 7 . Outdoor spaces. To the extent reasonably feasible, outdoor
spaces shall be placed next to activity that generates the
users (such as street corners, offices, day care, shops and
dwellings) . Outdoor spaces shall be linked to and made
visible from streets and sidewalks to the extent reasonably
feasible.
(4) Pa4 SmmetHpe Design. To ahe, oUx enAw F-PUMM& ^ feasible,parking stfuctur-es shall meet the following design efiter-ia:
18
efe par-kingsC2" etufes front tfe *ts,fe^Gail Land oche Thies
be required along the ground level ffen4age to ffliffifflize
intefmvtions in pedestrian and aetivity. Theecho
maker- may grant an eyceeption to this standafd for- all of- paft e
IY the foun Y level
eye1 ftontage on
streets with low pede 1tfia inter-es
or- aetiv4ty 1 1
(b\\ Parking
Arkinstfeet t awnings ,
Z ni V gnage and thef afehiteetuf elementsments
� level.(e) Afehiteewfal elements, sueh sill details, emphasis.
on
ye ft ea p fopoftio s mirk as posts panels
1 l ((�� l ) 1 eesse 1l ll hofizonta l
and
othef a ehitee 11 a11 feat1fes shall
1vo a used
lse to estab is4 uffl /ln
C� eale at the street f4ei g level.
style,afehiteetufal design with adjaeent buildings in tefms of
mass, ma4erzial , height, r-eof piteh and other- extefiof elements .
(e) Auto—entrances shalloeated to pedes+�r/ a to
/ onfl ets
(5F) Special Provisions Civic Center Subdistrict. The Civic Center
Subdistrict will serve as an important element of the Downtown
District and as the primary location for new civic uses and buildings .
The following criteria shall apply to all development in the Civic
Center Subdistrict:
(a) Civic spine. All development shall incorporate the concept of
the " Civic Spine" as described in the Downtown Civic Center
Master Plan, allowing for continuous north-south and east-west
pedestrian connections . The civic spine will serve to connect
various buildings in order to unify parks and plazas .
(b) Building materials . The use of local sandstone is required in all
civic buildings to establish a visual continuity and a local sense
of place.
(c) Civic buildings. New major civic buildings, such as a library,
government offices, courthouses, performing arts facilities and
transit centers, shall be located within the Civic Center
Subdistrict and placed in central locations as highly visible focal
points . To the extent reasonably feasible, they shall be close to
a transit stop .
(d) Incorporation of new buildings. New buildings shall be
designed in a manner that establishes continuity and a visual
19
connection between new and existing buildings within and
adjacent to the Civic Center Subdistrict. The height, mass and
materials of major public buildings shall convey a sense of
permanence and importance.
) Non-residential buildings . All
non-residential
buildings
pefmiffed in this Distfiet (inelttding, without limitation,
industfia use buildings)
shall moot the standards
t nd rds established
stab ishe i
Section 26 . That the table contained in Section 4 . 16(B)(2)(A) of the Land Use
Code is hereby amended by the addition of a new residential use which reads as follows :
Land Use Old City Center Canyon Avenue Civic Center
A. RESIDENTIAL
Shelter for victims of domestic violence BP BP BP
Section 27 . That Section 4 . 17(B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence.
Section 28 . That Section 4 . 18 (B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence .
Section 29 . That Section 4 . 19(B)( 1 )(a) of the Land Use Code is hereby
amended by the addition of a new subsection 3 . which reads in its entirety as follows :
3 . Shelter for victims of domestic violence.
Section 30 . That Section 4 .20(B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence.
Section 31 . That Section 4 .21 (B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence.
Section 32 . That Section 4 .24(B)( 1 )(a) of the Land Use Code is hereby
amended by the addition of a new subsection 8 . which reads in its entirety as follows :
20
8 . Shelter for victims of domestic violence .
Section 33 . That Section 4 .24(B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subparagraph 2 which reads in its entirety as follows :
2 . Satellite dish antennas greater than thirty-nine (39) inches
in diameter.
Section 34 . That Section 4 .26(B)( 1 )(a) of the Land Use Code is hereby
amended by the addition of a new subsection 3 . which reads in its entirety as follows :
3 . Shelter for victims of domestic violence.
Section 35 . That Section 4 .27(B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2 . which reads in its entirety as follows :
2 . Shelter for victims of domestic violence .
Section 36 . That Section 5 .2 . 1 of the Land Use Code is hereby amended by the
addition of a new definition "Shelter for victims of domestic violence" which reads in its
entirety as follows :
Shelter for victims of domestic violence shall mean a residential facility
operating twenty-four (24) hours per day and seven (7) days per week, the
purpose of which facility is to receive, house, counsel and otherwise serve victims
of domestic violence, as that term is defined in C .R. S . Section 18 -6- 800 . 3 , and
their dependents . Such facility may also include day care, professional,
administrative and security staff.
Section 37 . That Section 5 .2 . 1 of the Land Use Code is hereby amended by the
addition of a new definition " Transit-oriented development (TOD) " which reads in its
entirety as follows :
Transit-oriented development (TOD) shall mean that area shown on the
Figure below:
21
TOD Overlay
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Legend N
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Feet
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Introduced, considered favorably on first reading, and ordered published this 5th
day of December, A.D . 2006, and to be presented for final passage on the 19th day of
December, A.D . 2006,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 19th day of December, A.D . 2006 .
Mayor
ATTEST :
City Clerk
23