HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2010 - SECOND READING OF ORDINANCE NO. 068, 2010, MAKING (DATE: July 6, 2010 'TAFF: Ted Shepard FORT COLLINSCOUNCIL
AD
Second Reading of Ordinance No.068,2010, Making Various Amendments to the City of Fort Collins Land Use Code.
l r
EXECUTIVE SUMMARY
This Ordinance,unanimously adopted on First Reading on June 15,2010,makes changes,additions and clarifications
in the 2010 annual update of the Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-June 15, 2010
(w/o attachments)
ATTACHMENT
DATE: June 15, 2010AGENDA ITEM SUMMARY
STAFF: Ted Shepard FORT COLLINSCOUNCIL
First Reading of Ordinance No. 068, 2010, Making Various Amendments to the City of Fort Collins Land Use Code.
EXECUTIVE SUMMARY
Staff has identified a variety of proposedd c�es,a��ns a d c arifc tv�n the 2010 annual update of the Land
Use Code. L _i JY U
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular
basis to make changes, additions, deletions and clarifications that have been identified since the last update. The
proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall
quality and "user-friendliness"of the Code.
This Ordinance was originally scheduled for First Reading on June 1, 2010, but was continued to June 15, 2010
because of two issues.
1. Revision Item 838 proposes toamend the sign code�by allowing extra sign allowance to accommodate signs
on the rear of buildings facing a`improved downtown alley per the D.D.A. alley enhancement program. This
item originally proposed allowing-signs up to 12 square feet. As revised, the bonus size would be limited to
six square feet for flush-mounted wall signs and six square feet per side for projecting wall signs.
The Code revision has been changed to clarify that such extra sign allowance is available only to
establishments that have a public entrance off such an alley.
2. Revision Item 837 proposed to amend the sign code by adding design criteria to enhance the appearance of
pole signs. This item has been deleted from the Ordinance and will be considered at a later time.
FINANCIAL/ ECONOMIC IMPACTS V /r� 7M 7 7
A Land Use Code that is systemically updated is able to IT
res�po_nd to chafing trends and conditions. For example,
proposed revision number 846 allows projects that have already paid submittal fees and are in the development review
process an extended period of time during which to complete the process. Requiring a re-submittal and review would
be an inefficient use of staff resources.
ENVIRONMENTAL IMPACTS
Proposed revision number 831 would provide additional flexibility for placement of wind turbines on individual parcels.
By designing a wind turbine to collapse versus topple, additional height may be gained, if needed, to maximize
effectiveness.
P
'
June 15, 2010 -2- ITEM 16
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On May 20, 2010, the Planning and Zoning Board considered the proposed changes. The Board took two actions:
A. With regard to the proposed revision item number 833—Outdoor Amphitheaters—The Board voted 6—0 to
approve the change subject to the following:
1. Move Outdoor Amphlth�aferslin the Dow own �OId�City Center Subdistrict from a Basic
Development ReviewTrocess to a Planning andZon��Board Review process;
2. Move Outdoor Amphitheater's's iri,hee Downtown — Civic-Center Subdistrict from an Administrative
Review process to a Planning and Zoning Board Review process;
3. Amend the definition of Outdoor Amphitheaters so it is clear that the term does not refer to public
spaces such as plazas, squares and parks.
These changes have been incorporated into the Ordinance.
B. The Board then voted 6—0 to forward to City Council a recommendation of approval for the balance of the
proposed changes.
ATTACHMENTS c. . npv
1. List of Land Use Code Issues
2. Letter provided to Property Owners within the Community Commercial Poudre River Zone District(CCR)
3. Map of the CCR Zone
4. Minutes from the Planning and Zoning Board meeting, May 20, 2010
ORDNANCE NO. 068, 2010
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 its adoption of Ordinance No. 051, 1997, the
City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and the City Council that the Land Use Code would most likely be
subject to future amendments, not only for the purpose of clarification and correction of
errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic
document capable of responding to issues identified by staff, other land use professionals
and citizens of the City; and
- WHEREAS, City staff and the Planning and Zoning Board have reviewed the
Land Use Code and identified and explored various issues related to the Land Use Code
and have made recommendations to the Council regarding such issues; and
. WHEREAS, the City Council has determined that the recommended Land Use
Code amendments are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That Section 1.3.4 of the Land use Code is hereby amended to read
as follows:
1.3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with an application for approval of an
overall development plan, a project development plan, a final plan or any
amendment of the foregoing, and upon the petition of the applicant or on
the Director's own initiative, the Director (or the Planning and Zoning
Board as specifically authorized and limited in paragraph (B) below) may
add to the uses specified in a particular zone district any other similar use
which conforms to all of the following conditions:
(1) Such use is appropriate in the zone district to which it is added;
(2) Such use conforms to the basic characteristics of the zone district and the
other permitted uses in the zone district to which it is added;
(3) Such use does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental impacts,
1
adverse impacts on public or quasi-public facilities, utilities or services,
adverse effect on public health, safety, morals or aesthetics, or other
adverse impacts of development, than the amount normally resulting from
the other permitted uses listed in the zone district to which it is added;
(4) Such use is compatible with the other listed permitted uses in the zone
district to which it is added;
(5) -Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility.
(B) Planning and Zoning Board Authority and Limitation. In conjunction
with an application for approval of an overall development plan, a project
development plan, a final plan or any amendment of the foregoing, the
Planning and Zoning Board may add a proposed use if the Board
specifically finds that such use would not be detrimental to the public
good and would be in compliance with the requirements and criteria
contained in Section 3.5.1 provided that such addition of a proposed use
by the Planning and Zoning Board must be specific to the proposed site
and shall not be considered for a text amendment under paragraph (C)
below and provided further that such use is not specifically listed as a
"Prohibited Use" in the zone district in which the proposed site is located.
(C) Codification of New Use. When any use has been added by the Director to
the list of permitted uses in any zone district in accordance with paragraph
(A) above, such use shall be promptly considered for an amendment to the
text of this Land Use Code under Division 2.9. If the text amendment is
approved, such use shall be deemed to be permanently listed in the
appropriate permitted use list of the appropriate zone district and shall be
added to the published text of this Land Use Code at the first convenient
opportunity, by ordinance of City Council pursuant to Division 2.9. If the
text amendment is not approved, such use shall not be deemed permanently
listed in the zone district, except that such use shall continue to be deemed a
permitted use in such zone district for only the development proposal for
which it was originally approved under (A) above.
(D) Conditions. When any use has been added to the list of permitted uses in
any zone district in accordance with this Section, the Director (or the
Planning and Zoning Board, if applicable) may impose such conditions and
requirements on such use as are necessary or desirable to accomplish the
purposes and intent of this Land Use Code, to ensure consistency with City
Plan and its adopted components and associated sub-area plans, to prevent
or minimize adverse effects and impacts upon the public and
neighborhoods, and to ensure compatibility of uses.
Section 2. That Section 2.2.6(A) of the Land Use Code is hereby amended to
read as follows:
2
2.2.6 Step 6: Notice
(A) Mailed Notice. The Director shall mail written notice to the owners of
record of all real property within eight hundred (800) feet (exclusive of
public rights-of-way, public facilities, parks or public open space) of the
property lines of the parcel of land for which the development is planned.
Owners of record shall be ascertained according to the records of the Larimer
County Assessors Office, unless more current information is made available in
writing to the Director prior to the mailing of the notices. If the development
project is of a type described in the Supplemental Notice Requirements of
Section 2.2.6(D), then the area of notification shall conform to the expanded
notice requirements of that Section. In addition, the Director may further
expand the notification area. Formally designated representatives of bona
fide neighborhood groups and organizations and homeowners' associations
within the area of notification shall also receive written notice. Such
written notices shall be mailed at least fourteen (14) days prior to the public
hearing/meeting date. The Director shall provide the applicant with a map
delineating the required area of notification, which area may be extended by
the Director to the nearest streets or other distinctive physical features
which would create a practical and rational boundary for the area of .
notification. The applicant shall pay postage and handling costs as
established in the development review schedule. Failure to mail such notice
shall not affect the validity of any hearing, meeting or determination by the
decision maker.
Section 3. That Section 2.2.11(A) of the Land Use Code is hereby amended
to read as follows:
2.2.11 Step 11: Lapse
(A) Application Submittals. An application submitted to the city for the
review and approval of a development plan must be diligently pursued and
processed by the applicant. Accordingly, the applicant, within one
hundred eighty (180) days of receipt of written comments and notice to
respond from the city on any submittal (or subsequent revision to a
submittal) of an application for approval of a development plan, shall file
such additional or revised submittal documents as are necessary to address
such comments from the city. If the additional submittal information or
revised submittal is not filed within said period of time, the development
application shall automatically lapse and become null and void. The
Director may grant one (1) extension of the foregoing one hundred eighty
(180) day requirement, which extension may not exceed one hundred
twenty (120) days in length, and,one (1) additional extension which may
not exceed sixty (60) days in length. This subsection (A) shall apply to
3
applications which are, or have been, filed pursuant to this Land Use Code
and to applications which are, or have been, filed pursuant to the laws of
the city for the development of land prior to the adoption of this Land Use
Code.
Section 4. That Section 2.12.4 of the Land Use Code is hereby amended to
read as follows:
2.12.4 Annexation of Uses Not Legally Permitter)
Except as provided below, any use that exists on a separately owned parcel
outside the city and that is not legally permitted by the county must cease and be
discontinued before the City Council adopts, on second reading, an annexation
ordinance annexing any such property except as provided herein. In the event that
a property containing a use that is not legal pursuant to county regulations is
proposed to be annexed into the city and placed into a zone district wherein such
use is a permitted use, said use must be reviewed and processed as set forth in
Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the
land is proposed to be located, and shall comply with the applicable standards
contained in Articles 3 and 4. A development application for such review must be
filed with the city within sixty (60) days following the effective date of
annexation. Such use shall be temporarily permitted for a period not to exceed six
(6) months following the date of second reading of the annexation ordinance. In
the event that the development application is not approved within said six-month
period, then the use shall be discontinued within thirty (30) days following the
date of the decision of denial or expiration of said six-month period, whichever
first occurs, except that the Director may grant one (1) extension of the foregoing
six-month requirement, which extension may not exceed three (3) months in
length. In the event that the development application is approved, then such use
shall be brought into full compliance with this Land Use Code and the decision
made thereunder by the decision maker within sixty (60) days following the date
of final plan approval.
In the event that a use which is not permitted by the county exists on any property
that is included in an enclave annexation consisting of more than one (1)
separately owned parcel, the above-described development process shall apply
only if such property is placed in a zone district wherein such use is a permitted
use. If a property which contains a use that is not permitted by the county is
included in such multi-parcel enclave annexation, and such property is placed in a
zone district that does not allow the use within the city, such illegal use must be
discontinued within (A) two (2) years from the effective date of annexation; (B) if
such illegal use is the subject of a -county-initiated zoning or nuisance
enforcement action, then within the time established by, the court as a result of
such enforcement action; or (C) if such illegal use is the subject of a zoning or
nuisance complaint filed with the county and determined by the Director to be
bona fide (but which has not become the subject of an enforcement action under
4
(B) above or, if it has become the subject of an enforcement action, such action
has been dismissed by the court for lack of county jurisdiction because the
property has been annexed into the city), then ninety (90) days from the effective
date of annexation, whichever comes first. With respect to the time limit
established in (C) above, the Director may extend said time for an additional
duration not to exceed one hundred eighty (180) days if necessary to prevent or
mitigate undue hardship or manifest injustice.
Section 5. That Section 3.3.2(13) of the Land Use Code is hereby amended to
read as follows:
3.3.2 Development Improvements
(B) Development Agreement. At the time the plans, profiles and specifications
required in this Division are approved, the applicant shall enter into an
agreement providing for the installation of all improvements in the
subdivision required by this Land Use Code. Such agreement shall
establish and set forth the extent to which the city is to participate in the
cost of constructing any public improvements, including, without limitation,
collector or arterial streets. No final plan or plat or other site specific
development plan shall be approved by the city or recorded until such
agreement has been fully executed. Such agreement shall further provide
that the applicant will fully account to the city for.all costs incurred in the
construction of any public improvement in which the city is participating,
and the books and records of the applicant relating to such public
improvement shall be open to the city at all reasonable times for the purpose
of auditing or verifying such costs. Such agreement (and any amendments
thereto) shall be recorded by the City with the Latimer County Clerk and
Recorder with all recording costs to be paid to the City by the applicant.
Section 6. That Section 3.5.2(D)(6) of the Land Use Code is hereby amended
to read as follows:
3.5.2 Residential Building Standards
(6) Setback for Windmills. Windmills shall be set back from the property
lines a minimum of one (1) foot for every foot of height of the
structure measured from the ground to the top of the highest blade of
the windmill; provided, however, that if the applicant demonstrates
with a certified analysis of a licensed professional engineer that the
structure will collapse rather than topple, then this requirement may
5
be waived by the Director. Shadow flicker shall not be allowed to
cross any property line.
Section 7. That Section 3.5.3(13)(2)(d) of the Land Use Code is hereby
amended by the addition of a new subparagraph 5 which reads in its entirety as follows:
3.5.3 Mixed-Use, Institutional and Commercial Buildings
5. in order to conform to an established pattern of building and street
relationships, a contextual build-to line may fall at any point
between the required build-to line and the build-to line that exists
on a lot that abuts, and is oriented to, the same street as the subject
lot. If the subject lot is a corner lot, the contextual build-to line
may fall at any point between the required build-to line and the
build-to line that exists on the lot that is abutting and oriented to
the same street as the subject lot. A contextual build-to line shall
not be construed as allowing a vehicular use area between the
building and street.
Section 8. That Section 3.8.7(D) of the Land Use Code is hereby amended by
the addition of a new subparagraph (7) which reads in its entirety as follows:
(D) General Limitations for Nonresidential Districts and Uses.
(7) In addition to the sign allowance calculation described in
subsection (6) of this section, a building located in the Downtown
(D) zone district that abuts an alley which has been improved
pursuant to the Downtown Development Authority's Alley
Enhancement Project may be allowed one (1) flushwall sign not to
exceed six (6) square feet, or one (1) projecting wall sign not to
exceed six (6) square feet per side, on the rear wall of such
building, provided that a public entrance to the business(es)
advertised on the sign exists in said wall.
Section 9. That Section 3.8.7(N)(2) of the Land use Code is hereby amended
to read as follows:
(N) Banners and Pennants.
(2) Notwithstanding the size and time limitations contained in subsection
(1) above, noncommercial banners or pennants may be larger in size
and displayed for such additional periods of time as may be
established by the City Manager during community events that, in the
6
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 10. That Section 4.5(E)(3) and (4) of the Land Use Code is hereby
amended to read as follows:
(E) Development Standards
(3) Maximum Residential Building Height. The maximum height of one,
two-, and three family dwellings shall be two and one-half (2.5)
stories.
(4) Design Standards for Multi-Family Dwellings Containing More Than
Eight (8) Dwelling Units and for Multi-Family Dwellings Containing
Between Four (4) and Eight (8) Dwelling Units 91-hen Three (3) or
More Stories in Height. Each multi-family dwelling containing more
than eight (8) dwelling units and each multi-family dwelling
containing between four (4) and eight (8) dwelling units when located
in a building of three (3) or more stories in height, shall feature a
variety of massing proportions, wall plane proportions, roof
proportions and other characteristics similar in scale to those of
single-family detached dwelling units, so that such larger buildings
can be aesthetically integrated into the low density neighborhood.
The following specific standards shall also apply to such multi-family
dwellings:
Section 11. That Section 4.9(B)(3)(a)(2) of the Land Use Code is hereby
amended to read as follows:
(a) Residential Uses:
2. Multi-family dwellings containing more than four (4)
dwelling units per building at a density of more than twenty
four (24) dwelling units per net acre, provided that such
multi-family dwelling is located within a street-fronting
principal building.
Section 12. That Section 4.12(B)(1)(a) of the Land Use Code is hereby
amended to read as follows:
7
(B) Permitted Uses.
(1) The following uses are permitted in the T District:
(a) No use shall be permitted of properties in the T District except
such legal use as existed on the date the property was placed
into this zone district. No permanent structures shall be
constructed on any land in this District, except that at the time
of zoning or rezoning of the property into this District the City
Council may grant a variance permitting the installation or
enlargement of a permanent structure containing a legal use
which was existing, or is ancillary to the legal use of the
property, at the time of such zoning or rezoning upon the
following conditions:
Section 13. That the table contained in Section 4.16(B)(2)C of the Land Use
Code is hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
C COMMERGIAL/RET.AIL(Conid)
Outdoor amphitheaters Type 2 Type 2 Type 2
Section 14. That Section 4.17(B)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 7 which reads in its entirety as follows:
7. Outdoor amphitheaters.
Section 15. That Section 4.18(B)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 13 which reads in its entirety as follows:
13. Outdoor amphitheaters.
Section 16. That Section 4.19(B)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 6 which reads in its entirety as follows:
6. Outdoor amphitheaters.
Section 17. That Section 4.20(B)(2)(c)8 of the Land Use Code is hereby
deleted in its entirety and all subparagraphs thereafter be renumbered accordingly:
8
Section 18. That Section 4.20(B)(3)(c) of the Land 'Use Code is hereby
amended by the addition of new subparagraphs 6 and 7 which reads in their entirety as
follows:
6. Entertainment facilities and theaters.
7. Outdoor amphitheaters.
Section 19. That Section 4.21(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 17 which reads in its entirety as follows:
17. Outdoor amphitheaters.
Section 20. That Section 4.22(B)(2)(c)14 of the Land Use Code is hereby
amended to read as follows:
14. Vehicle sales and leasing establishments for cars and light
trucks.*
* Vehicle sales and leasing for cars and light trucks shall be limited to
ten (10) percent of the total linear frontage of both sides of North
College Avenue between Vine Drive and the northern city limits or
the intersection of North College Avenue and State Highway 1,
whichever results in the shortest linear distance. These uses shall be
located at least one hundred fifty (150) feet from South College
Avenue.
Section 21. That Section 4.22(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 4 which reads in its entirety as follows:
4. Outdoor amphitheaters.
Section 22. That Section 4.23(B)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 6 which reads in its entirety as follows:
6. Outdoor amphitheaters.
Section 23. That Section 4.26(B)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 12 which reads in its entirety as follows:
12. Outdoor amphitheaters.
Section 24. That Section 5.1.2 of the Land Use Code is^hereby amended by the
addition of new definition "Outdoor amphitheater" which reads in its entirety as follows:
Outdoor amphitheaters (other than community facilities) shall mean
permanent stage and seating facilities that are open or partially open to the
outdoors, the principal use of which is the showing of motion pictures or the
9
presentation of dramatic, musical or live performances, which facilities are
accessible to persons only by permission given at the doors or gates.
Introduced, considered favorably on first reading, and ordered published this*15th
day of June, A.D. 2010, and to be presented for final passage on the 6th day of July, A.D.
2010.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th day of July, A.D. 2010.
Mayor
ATTEST:
City Clerk
10