HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2007 - SECOND READING OF ORDINANCE NO. 081, 2007, MAKING ITEM NUMBER: 9
AGENDA ITEM SUMMARY DATE: July 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Second Reading of Ordinance No. 081,2007,Making Various Amendments to the Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 19, 2007, makes a variety of
proposed changes,additions and clarifications identified by staff in the Spring 2007 biannual update
of the Land Use Code.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- June 19, 2007.
ATTACHMENT 1
ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: June 19, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
First Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
On May 17, 2007, the Planning and Zoning Board considered the proposed changes and voted 7-0
to recommend approval of 15 of the proposed changes and voted 5-2 to recommend approval of one
of the proposed changes to City Council.
EXECUTIVE SUMMARY n -P
Staff has identified a variety of proposed changes, additions and clarifications in the Spring 2007
biannual update of the Land Use Code. Items relating to Transit Oriented Development have been
separated from this Ordinance and are being considered individually due to the time-sensitivity
relating to procurement of a Federal grant.
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 im rove both the overall quality and"user-friendliness"
of the Code.
Attachment 3 provides an expl tion s wh e ring 20 update does not include a revision
to the Sign Code to limit the dura ion of disp ay o or Sale and "For Lease" signs.
ATTACHMENTS
1. Summary of the Planning and Zoning Board's action.
2. Summary of the issues.
3. Evaluation of the "for sale/for lease" sign regulations in the Code.
ORDINANCE NO. 081, 2007
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 I. That Section 1.4.9(C)(2) of the Land Use Code is hereby amended
to read as follows:
(2) "Or" or "and/or" indicates that the connected words or provisions
may apply singly or in any combinations.
Section 2. That Section 2.1.5 of the Land Use Code is hereby amended to
read as follows:
2.1.5 Dedications and Vacations
A. By the Planning and Zoning Board
As part of its review and approval of a specific planning item, the Board may
accept the dedication of streets, easement and other rights-of-way shown on plats
and deeds for such item. The Board may also vacate easements and rights-of-
way, other than streets and alleys, if they pertain to a planning item subject to
review by the Board. Such acceptance and/or vacation may be accomplished
either by resolution or by notation on the plat for the item.
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B. By the Director
The Director may also accept the dedication of streets, easements and other
rights-of-way shown on the plats and deeds associated with a specific planning
item. Such authority of the Director shall extend to planning items that are
subject to review and approval by the Board as well as those that are subject to
administrative review and approval and shall apply to both on-site and off-site
streets, easements and rights-of-way. The Director may also vacate easements
and rights-of-way, other than streets and alleys, whether they pertain to a planning
item subject to review by the Board or administrative review. Such acceptance
and/or vacation may be accomplished either by resolution or by notation on the
plat for the item.
Section 3. That Section 2.2.11(D)(3) of the Land Use Code is hereby
amended to read as follows:
(3) Term of vested Right. Within a maximum of three (3) years
following the approval of a final plan or other site specific
development plan, the applicant must undertake, install and complete
all engineering improvements (water, sewer, streets, curb, gutter,
street lights, fire hydrants and storm drainage) in accordance with city
codes, rules and regulations. The period of time shall constitute the
"term of the vested property right." The foregoing term of the vested
property right shall not exceed three (3) years unless: (a) an extension
is granted pursuant to paragraph (4) of this subsection, or (b) the city
and the developer enter into a development agreement which vests the
property right for a period exceeding three (3) years. Such agreement
may be entered into by the city only if the subject development
constitutes a "large base industry" as defined in Article 5, or if the
Director determines that it will likely take more than three (3) years to
complete all engineering improvements for the development, and only
if warranted in light of all relevant circumstances, including, but not
limited to, the size and phasing of the development, economic cycles
and market conditions. Any such development agreement shall be
adopted as a legislative act subject to referendum. Failure to
undertake and complete the development within the term of the vested
property right shall cause a forfeiture of the vested property right and
shall require resubmission of all materials and reapproval of the same
to be processed as required by this Land Use Code. All dedications as
contained on the final plat shall remain valid unless vacated in
accordance with law.
Section 4. That Section 2.9.4(F)(2)of the Land Use Code is hereby amended
to read as follows:
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(2) Zonings or Rezonings of No More Than Six Hundred Forty (640) Acres
(Quasi-judicial). Section 2.2.6(A) shall apply and such notices 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.
Section 5. That Section 3.2.2(K)(1)(a)l of the Land Use Code is hereby
amended to read as follows:
1. Multi-family dwellings and mixed-use dwellings within the
Transit Oriented Development (TOD) Overlay Zone shall
have no minimum parking requirements.
Section 6. That Section 3.8.7(N) of the Land Use Code is hereby amended to
read as follows:
(N) Banners and Pennants.
(1) Banners and pennants are allowed in any zone district, provided a
permit is obtained from the Director. Permittees shall be entitled
to use banners or pennants for not more than twenty (20) days per
calendar year except as provided in subsection (2) below and
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 Director shall issue a permit
for the use of banners and pennants only in locations where 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
any one banner is forty (40) square feet. No more than one (1)
banner may be displayed at any one time on each street that fronts
the parcel of land on which the establishment requesting the permit
is located; provided, however, that multiple banners may be
displayed on a single street if the aggregate square footage of such
banners does not exceed forty (40) square feet. All banners and
pennants 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
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permit for a banner or pennant for the remainder of the calendar
year.
(2) Notwithstanding the time limitations contained in subsection (1)
above, non-commercial banners or pennants may be displayed for
such additional periods of time as may be established by the City
Manager during community events that, in the judgment of the
City Manager, advance a goal or policy of the City Council and
contribute to the health, safety or welfare of the city.
Section 7. That Section 4.l(B)(1) of the Land Use Code is hereby amended to
read as follows:
(B) Permitted Uses.
(1) The following uses are permitted in the R-U-L District, subject to
basic development review, provided that such uses are located on lots
that are part of an approved site specific development plan:
(a) Agricultural Uses:
1. Agricultural activities.
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Farm animals.
(c) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 2, 1997, or in compliance with
this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(d) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997; and which physically existed
upon such parcel on March 27, 1997; provided, however, that
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such existing use shall constitute a permitted use only on such
parcel of property.
(e) Residential Uses:
1. Shelters for victims of domestic violence.
Section 8. That Section 4.2(B)(1) of the Land Use Code is hereby amended to
read as follows:
(B) Permitted Uses.
(1) The following uses are permitted in the U-E District, subject to basic
development review, provided that such uses are located on lots that
are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings containing two thousand five hundred
(2,500) square feet or less of floor area.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997, or in compliance
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997; and which physically existed
upon such parcel on March 27, 1997; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Publie Uses:
1. Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
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(e) Residential Uses:
1. Shelters for victims of domestic violence.
Section 9. That Section 4.3(B)(1) of the Land Use Code is hereby amended to
read as follows:
(B) Permitted Uses.
(1) The following uses are permitted in the R-F District, subject to basic
development review, provided that such uses are located on lots that
are part of an approved site specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997, or in compliance
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997; and which physically existed
upon such parcel on March 27, 1997; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
(e) Residential Uses:
1. Shelters for victims of domestic violence.
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Section 10. That Section 4.5(B)(2)(a)6. of the Land Use Code is hereby
amended to read as follows:
6. Mixed-use dwellings.
Section 11. That Section 4.5(B)(3)(c)4. of the Land Use Code is hereby
amended to read as follows:
4. Offices, financial services, clinics, and artisan and
photography studios and galleries which are not part of a
neighborhood center.
Section 12. That Section 4.5(D) of the Land Use Code is hereby amended by
the deletion of subsection(4) and all subsequent subsections renumbered accordingly:
Section 13. That Section 4.6(B)(2)(a)5. of the Land Use Code is hereby
amended to read as follows:
5. Mixed-use dwellings.
Section 14. That Section 4.7(D)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any accessory building with water and/or sewer
service shall be considered to have habitable space. An applicant may
also declare an intent for an accessory building to contain habitable
space. Any such structure containing habitable space that is located
behind a street-fronting principal building shall contain a maximum of
six hundred (600) square feet of floor area. Floor area shall include
all floor space within the basement and ground floor plus that portion
of the floor area of any second story having a ceiling height of at least
seven and one-half (7%a) feet. Such accessory building may be
located in any area of the rear portion of a lot, provided that it
complies with the setback requirements of this District and there is at
least a ten-foot separation between structures.
Section 15. That Section 4.8(D)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any accessory building with water and/or sewer
service shall be considered to have habitable space. An applicant may
also declare an intent for an accessory building to contain habitable
space. Any such structure containing habitable space that is located
behind a street-fronting principal building shall contain a maximum six
hundred(600) square feet of floor area. Floor area shall include all floor
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space within the basement and ground floor plus that portion of the floor
area of any second story having a ceiling height of at least seven and
one-half(7%2) feet. Such accessory building may be located in any area
of the rear portion of a lot, provided that it complies with the setback
requirements of this District and there is at least a ten-foot separation
between structures.
Section 16. That Section 4.9(D)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any accessory building with water and/or sewer
service shall be considered to have habitable space. An applicant may
also declare an intent for an accessory building to contain habitable
space. Any such structure containing habitable space that is located
behind a street-fronting principal building shall contain a maximum
six hundred (600) square feet of floor area. Floor area shall include
all floor space within the basement and ground floor plus that portion
of the floor area of any second story having a ceiling height of at least
seven and one-half (7%2) feet. Such accessory building may be
located in any area of the rear portion of a lot, provided that it
complies with the setback requirements of this District and there is at
least a ten-foot separation between structures.
Section 17. That Section 4.10(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. Shelters for victims of domestic violence.
Section. 18. That the land use called "Mixed-use dwelling units" contained in
the table in Section 4.16(B)(2)A. of the Land Use Code is hereby amended to read as
follows:
Mixed-use dwellings.
Section 19. That Section 4.16(D)(5) of the Land Use Code is hereby amended
by the addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Canyon Avenue and Civic Center: Exterior facade materials.
All street-facing facades shall be constructed of high quality
exterior materials for the full height of the building. Such
materials, with the exception of glazing, shall include stone, brick,
clay units, terra cotta, architectural pre-cast concrete, cast stone,
pre-fabricated brick panels, architectural metals, or any
combination thereof. Except for windows, material modules shall
not exceed either five (5) feet horizontally or three (3) feet
vertically without the clear expression of a joint. For the purposes
of this provision, "architectural metals" shall mean metal panel
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systems that are either coated or anodized; metal sheets with
expressed seams; metal framing systems; or cut, stamped or cast
ornamental metal panels. "Architectural metals" shall not include
ribbed or corrugated metal panel systems.
Section 20. That Section 4.16(E)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph(c) which reads in its entirety as follows:
(c) Canyon Avenue and Civic Center: Plazas. For buildings
located within the Canyon Avenue and Civic Center sub-districts
that are four (4) stories or taller, ground floor open space shall be
provided that is organized and arranged to promote both active and
passive activities for the general public. Such space must be
highly visible and easily accessible to the public and must include
features that express and promote a comfortable human sense of
proportionality between the individual and the environment,
whether natural or manmade.
Section 21. That Section 4.17(13)(2)(a)6. of the Land Use Code is hereby
amended to read as follows:
6. Mixed-use dwellings.
Section 22. That Section 4.18(B)(2)(a)6. of the Land Use Code is hereby
amended to read as follows:
6. Mixed-use dwellings.
Section 23. That Section 4.19(B)(1) of the Land Use Code is hereby amended
to read as follows:
(B) Permitted Uses.
(1) The following uses are permitted in the C-C-N District, subject to
basic development review, provided that such uses are located on lots
that are part of an approved site specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997, or in compliance
with this Land Use Code (other than a final subdivision plat, or
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minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997; and which physically existed
upon such parcel on March 27, 1997; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
2. Shelters for victims of domestic violence.
Section 24. That Section 4.19(B)(2)(a)7. of the Land Use Code is hereby
amended to read as follows:
7. Mixed-use dwellings.
Section 25. That Section 4.20(B)(2)(a)5. of the Land Use Code is hereby
amended to read as follows:
5. Mixed-use dwellings.
Section 26. That Section 4.21(B)(2)(a)6. of the Land Use Code is hereby
amended to read as follows:
6. Mixed-use dwellings.
Section 27. That Section 4.22(B)(2)(a)7. of the Land Use Code is hereby
amended to read as follows:
7. Mixed-use dwellings.
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Section 28, That Section 4.23(B)(2)(a)4. of the Land Use Code is hereby
amended to read as follows:
4. Mixed-use dwellings.
Section 29. That Section 4.24(13)(2)(a)l. of the Land Use Code is hereby
amended to read as follows:
1. Mixed-use dwellings.
Section 30. That Section 4.26(B)(1) of the Land Use Code is hereby amended
to read as follows:
(B) Permitted Uses.
(1) The following uses are permitted in the H-C District, subject to basic
development review, provided that such uses are located on lots that
are part of an approved site specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997, or in compliance
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997; and which physically existed
upon such parcel on March 27, 1997; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
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(e) Residential Uses:
1. Shelters for victims of domestic violence.
Section 31. That Section 4.26(B)(2)(a)1. of the Land Use Code is hereby
amended to read as follows:
1. Mixed-use dwellings.
Section32. That Section 4.27(B)(2)(a)l. of the Land Use Code is hereby
amended to read as follows:
1. Mixed-use dwellings.
Section 33. That Section 4.28(B)(2)(a)1. of the Land Use Code is hereby
amended to read as follows:
1. Mixed-use dwellings constructed above nonresidential
uses, provided that the aggregate floor area of all mixed-use
dwellings does not exceed the aggregate floor area of all
nonresidential uses in the building.
Section 34. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Artisan and photograph studios and galleries" which reads
in its entirety as follows:
Artisan and photography studio and gallery shall mean the workshop or studio of
an artist, craftsperson, sculptor or photographer, which workshop is primarily
used for on-site production of unique custom goods through the use of hand tools
or small-scale equipment, and only incidentally used, on an infrequent basis if at
all, as an accessory gallery or for incidental sales.
Section 35. That the definition "Grade" contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Grade shall mean the elevation of the edge of the paved surface of the street at the
closest point to the sign for the purpose of measuring the height of signs.
Section 36. That the definition "Restaurant, drive in" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Restaurant, drive-in (also known as Restaurant, drive-thru) shall mean any
establishment in which the principal business is the sale of foods and beverages to
the customer in a ready-to-consume state and in which the design or principal
method of operation of all or any portion of the business is to allow food or
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beverages to be served directly to the customer in a motor vehicle without the
need for the customer to exit the motor vehicle.
Section 37. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Restaurant, drive-thru" which reads in its entirety as
follows:
Restaurant, drive-thru: See Restaurant, drive-in.
Section 38. That the definition of "Transit-oriented development (TOD)"
contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Transit-oriented development (TOD) Overlay Zone shall mean that area shown on
the figure below:
Introduced, considered favorably on first reading, and ordered published this 19th
day of June, A.D. 2007, and to be presented for final passage on the 17th day of July,
A.D. 2007.
A
J
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of July, A.D. 2007.
Mayor
ATTEST:
City Clerk
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