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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2003 - FIRST READING OF ORDINANCE NO. 090, 2003, MAKING V AGENDA ITEM SUMMARY ITEM NUMBER: 16 FORT COLLINS CITY COUNCIL DATE: June 3, 2003FROM Ted Shepard SUBJECT : First Reading of Ordinance No. 090, 2003, Making Various Amendments to the City of Fort Collins Land Use Code. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Staff has identified a variety of proposed changes, additions and clarifications in the Spring biannual update of the Land Use Code. On May 15, 2003, the Planning and Zoning Board voted 1p6-0 to recommend approval of the proposed changes to City Council. CKGROUND: The Land Use Code was first adopted in March of 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. Attached is a summary of all the proposed changes. w . Land Use Code Maintenance Process Annotated Issue List 457 Amend 3.5.2(D)(3)to reduce the 15 foot minimum rear-yard setback to 8 feet for residential in the LMN and MMN. Would match the minimum setback for alley-accessed garages and provide flexibility for carriage houses above garages. Problem Statement "Front-loaded"detached garages,with or without living spaces above,and no alley access,must be setback a minimum of 15 feet from the rear property line. This requirement may have the effect of reducing the amount of useable private open space between the house and a detached garage,and provide less flexibility for carriage houses. Proposed Solution Overview Modify the rear yard setback requirements for front-loaded garages to match that of alley- accessed garages. Related Code Revisions Ord.Section Code Cite Revision Effect 5 3.5.2(D)(3) Reduce the 15 foot minimum rear-yard setback to 8 feet for residential in the LMN and MMN 570 Amend the parking standards to allow internal on-street parking to count towards meeting the minimum parking requirements. Problem Statement For many reasons,City Plan and the LUC call for streets,rather than parking lots,as the framework of development. Multi-family PUD's prior to City Plan typically did not include internal streets,and so developers have pointed out that requirements for streets inadvertently add extra pavement and parking,unless on-street parking on the streets can be counted toward parking requirements. The original Land Use Code had a standard which addressed this issue,but due to unclear wording it was dropped in a previous round. This issue had been discussed several times since. Proposed Solution Overview On internal streets built by development: parking along the street frontage of a lot or tract containing dwellings,except for mixed use dwellings and single-family detached dwellings,may be counted toward the parking requirements for the development. Conceptually,some of the paving in a parking lot-based multi-family complex is then reconfigured as neighborhood streets,rather than simply adding streets into the complex. Related Code Revisions Ord.Section Code Cite Revision Effect 1 3.2.2(K)(1) Amend parking on street parking requirements. 575 Amend the H-C zone to allow a Small Animal Vet Clinic as a primary use rather than as a • component of the Convenience Shopping Center which is only allowed as a secondary use in the H-C,E,&I. Wednesday,May 21,2003 Page I of 10 Problem Statement Staff has received a request from a developer regarding the present limitation in the Harmony Corridor zone on placement of Small Animal Veterinary Clinics. Under the current Code,such uses are allowed only as a component of a Convenience Shopping Center which,in turn,is allowed only as a secondary use. Secondary uses cannot occupy more than more than 25%of the total gross area of the development plan. The problem is that under this arrangement,there is no opportunity for a free-standing Small Animal Veterinary Clinic as a primary use. Therefore,without the benefit of a Convenience Shopping Center,that is no more than 25%of the total gross area of the development plan,a Small Animal Veterinary Clinic would simply not be allowed anywhere in the Harmony Corridor. The developer states that the appearance and operation of a Small Animal Veterinary Clinic is very similar to that of a medical clinic which is allowed as a primary use. Other than the obvious difference in patients,the two uses need not be differentiated between being a primary versus secondary use. Staff agrees that the two uses are similar in character. There appears to be no downside to allowing a Small Animal Veterinary Clinic wherever a medical clinic is allowed. With the operational and physical compatibility standards of Section 3.5.1(J),and the architectural standards in Section 3.5.3(D),all buildings must be operate and be designed to meet minimum standards. With these protections,the intent and purposes of the Harmony Corridor Plan are preserved. Proposed Solution Overview Amend the permitted use list to allow Small Animal Veterinary Clinic as a Type One primary use in the H-C just like a medical clinic. Related Code Revisions Ord.Section Code Cite Revision Effect 18 4.21(B)(2)(c) Amend the H-C zone to allow a Small Animal Vet Clinic as a primary use. 576 Amend the definition of Zero Lot Line Development Plan to delete the redundant phrase "the location of'. Problem Statement The definition contains a phrase that is redundant. Proposed Solution Overview Delete the phrase. Related Code Revisions Ord.Section Code Cite Revision Effect 24 5.1.2 Clarify the definition of Zero Lot Line Development 577 Amend the definition of"Convenience Shopping Center" to allow Vehicle Minor Repair, Servicing and Maintenance.Would allow these uses in the H-C,E&I zones only and only as a secondary use.. Problem Statement Vehicle minor repair,servicing and maintenance is a use such as a car wash or lube shop. Such a use is permitted in the commercial-type zones,the I zone,and the NC zone. However,none of these zoning districts are located between College Avenue on the west, Wednesday,May 21.2003 Page 2 of 10 I-25 on the east,Horsetooth Road on the north,and County Road 32(Carpenter Road)on • the south. This encompasses approximately 16 square miles in the southeast part of Fort Collins. Many existing non-residential and residential developments are located within this 16 square mile area,and many more are under construction or are in the review stage. Some of these developments are almost 4 miles from the nearest zone wherein car washes and lube shops are allowed. Car washes and Tube shops can often be beneficial uses that complement or support the primary workplace uses in the neighborhood and in the adjacent residential communities. Employees may find it convenient to be able to wash their car or have the oil changed during their lunch break or before or after work. Residents in nearby neighborhoods would also have the convenience of frequenting such uses without having to drive four miles to the nearest zoning district wherein such a use is permitted. Proposed Solution Overview Adding vehicle minor repair,servicing and maintenance to the list of permitted uses in a "convenience shopping center"would allow such uses to occur in the HC,E and the I zones. Staff believes this would be appropriate and would allow an important supporting use that would reduce the amount of vehicle miles traveled by employees and residents in the southeast part of Fort Collins. Staff recommends that the definition of"convenience shopping center"in Article 5 be amended to include"minor vehicle repair, servicing and maintenance"as a permitted use. Related Code Revisions Ord.Section Code Cite Revision Effect 22 5.1.2 Amends the definition of"Convenience Shopping Center". . 578 Amend 3.2.2(K)(5)(d)to clarify that when only one handicap space is required,it must be a van accessible space. Problem Statement A conflict exists between the Uniform Building Code and the Land Use Code. The adopted building code requires that when only one handicap parking space is required, that space must be a designated van accessible space. The Land Use Code does not specify that the one required space must be van accessible. Proposed Solution Overview In order to correct this conflict,Section 3.2.2(K)(5)(d)should be amended. Related Code Revisions Ord.Section code Cit Revision Effect 2 3.2.2(K)(5)(d) Amend parking space definitions to provides for acessible vans. 579 Amend 3.5.2(D)to limit the size of accessory buildings to 800 sq.ft.in order to be consistent with other residential zone district standards. Problem Statement In most of the"urban-type"residential zones,the LUC restricts the size of accessory buildings to a maximum of 800 square feet. Such a size limit helps to ensure that an accessory building is`clearly incidental and subordinate to the principal building"as - required by the definition of accessory building in Article 5. Residential accessory buildings are usually storage sheds or detached garages. If such buildings are allowed to . be larger than 800 square feet,they can actually have a larger building footprint then the house that is on the lot,and they may no longer be"accessory buildings"in terms of size. Wednesday,May 21,2003 Page 3 of 10 The standards for numerous zones in Article 4 do not contain language that limits the size of detached accessory buildings. While not limiting the size of such buildings may be appropriate with regards to detached,multi-bay garages that are accessory buildings in multi-family PDP's,it is not appropriate with regards to detached accessory buildings associated with single-family or two-family dwellings. Proposed Solution Overview The size standard for detached accessory residential buildings should be consistent in most of the urban-type zones. These zones generally have lot sizes that range from 3000 square feet to about 10,000 square feet. In order to ensure that such buildings are truly "accessory"buildings,it is appropriate to limit their size. (Section 3.5.2(D)already contains standards that deal with the size and design of multi-bay detached garage buildings for multi-family developments). Therefore, Section 3.5.2(D)should be renamed and a new subsection(5)added to define the maximum size of detached accessory buildings. Related Code Revisions Ord Section Code CiteRevision Effect 4 3.5.2(0) Re-titles the subsection heading 6 3.5.2(Dx5) Defines the maximum size of detached accessory buildings.Re-titles the subsection heading 580 Amend MMN and HMN permitted use lists in 4.5 and 4.24 by removing the reference to the maximum size allowed for accessory buildings in order to be consistent with other residential zone district standards. Problem Statement Similar to item#579 above,the accessory building size standard in the MMN and HMN zones are not consistent with the size for such buildings in other zones. Instead of the customary 800 square foot maximum size,the MMN and HMN standards limit the maximum size to 650 square feet,except that the size can be increased subject to a Type 1 review. These two zones are intended to be for more concentrated and higher density housing. It is appropriate and customary for detached multi-bay garage buildings to be larger than 650 square feet. Such buildings are already regulated by the design standards contained in Section 3.5.2(D)and are reviewed as part of the Type 1 review that is required for a multi-family development in the MMN or HMN zone. Therefore,it is not necessary to require that larger accessory buildings be a Type 1 use since they will be reviewed as a Type 1 or Type 2 use anyway as part of the PDP. By amending Section 3.5.2(D)as suggested in item#579 above, it is not necessary to reference a specific square footage in the use lists of the MMN and HMN zones. Additionally,the inclusion of a specific size as part of the description of an accessory use in the permitted use list means that it is not possible to modify or vary the standard as it is currently written. Placing the size limit in Article 3 will allow for a modification or variance of the standard. Proposed Solution Overview In order to have the accessory building standards in the MMN and HMN zones be consistent with the other zones and be regulated by Article 3,it is suggested that Sections 4.5(B)(1)(a)(1)and 4.24(B)(1)(a)(1)be amended by deleting the reference to 650 square feet,and that Sections 4.5(B)(2)(d)and 4.24(B)(2)(d)be deleted entirely from the permitted Type I list. Related Code Revisions Ord.Section CQ&Cite Revision Effect 12 4.5(B)(1) Make regulation of accessory building consistent with other zones. Wednesday,May 21,2003 Page 4 of 10 13 4.5(Bx2) Make regulation of accessory building consistent with other • zones. 19 4.24(B)(1) Make regulation of accessory building consistent with other zones. 20 4.24(B)(2) Make regulation of accessory building consistent with other zones. 581 Amend 4.9(B)(1)(b)to clarify that only the hardship standard of 2.10(not the"equal to or better than"standard)can be used to consider the granting of a variance in the Transition zone. Problem Statement The T zone is intended for properties for which there are no specific and immediate plans for development. However,the Zoning Board of Appeals(ZBA)is authorized to grant a variance in order to allow for the construction of buildings or additions containing a use which is already existing on the property in accordance with Division 2.10 of the LUC. Division 2.10 sets forth the standards for the granting of variances by the ZBA. 2.10(H)(2)allows the ZBA to consider the"equal to or better than"standard in addition to the hardship standard. At the time that the Transition zone standards were adopted,the ZBA was not empowered to use"equal to or better than"in order to grant a variance. The T zone is structured in a manner wherein an applicant seeking a variance is not requesting relief from a specific standard. Therefore it is not possible to find that the requested variance"will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested". Proposed Solution Overview Section 4.9(B)(1)(b)should be amended to clarify that the ZBA can't use the"equal to or better than standard"when considering a variance request for property in the Transition zone. Related Code Revisions Ord.Section Code Cite Revision ER'ect 15 4.9(B)(1)(b) Clarify applicability of the"equal to or better"standard. 582 Add a definition of"Carriage House"to Art.5. Even though not listed in Art.4,it would help to explain what is meant by the term Problem Statement The term"carriage house"is used frequently by land use planners and realtors. However, such a term is not defined in Article 5 of the LUC,nor is such a term referenced in Article 4 as a permitted use in any zone district. Generally,a"carriage house"is a type of detached single-family dwelling that is located on the same lot with another dwelling. Therefore,even though the term is not specifically listed in the permitted use lists in Article 4,a carriage house is still allowed in any zone wherein detached single-family dwellings are allowed. However,a carriage house is different than most detached single- family dwellings in that it is normally owned by the same person(s)who owns the main house on the front portion of a lot. If the carriage house is sold separately from the main house,it ceases to function as a carriage house. The Water Utility Department requires separate water and sewer taps for each detached dwelling on a lot. Therefore,if there are 2 detached dwellings on the same lot,two water taps and two sewer taps are required. However,the utility department may make an exception and allow the sharing of one tap • by 2 separate detached dwellings if the department has some assurance that both buildings are likely to remain in one ownership. The problem is that since we haven't Wednesday,May 21,2003 Page 5 of 10 defined the carriage house concept,the utility department has no such assurance. Proposed Solution Overview Defining the term"carriage house"in Article 5 would help to explain the carriage house concept and would aid the utility department in making a determination of whether or not one or two taps would be required. By requiring that the carriage house dwelling unit be attached to a garage that is the only garage space for the house on the front portion of the lot,there is some assurance that both buildings will always remain in one ownership since the front house is dependent on the use of the detached garage. The alphabetical list in Section 5.1.2 of the LUC should be amended as follows by adding the term "carnage house"in order to add clarity to the Code. Related Code Revisions Ord.Section Code Cite Revision Effect 21 5.1.2 Provide a definition of"Carnage House". 585 Amend the Dowtown,Old City Center,zone to allow grocery stores.Would allow Food Coop to expand- Problem Statement This item came up recently when the Food Coop inquired about the possibility of relocating into a larger facility. Currently,it is not a permitted use. A Grocery Store is clearly a positive part of the downtown land use mix. The Downtown Strategic Plan process has reinforced the need for neighborhood serving uses such as these. Therefore Staff considers this to be essentially a housekeeping item or correction of a previous oversight. Proposed Solution Overview Add Grocery Stores to the permitted use table. Related Code Revisions Ord.Section Code Cite Revision E ect 16 4.12(B)(2) Add Grocery Stores to the permitted use table. 586 Delete 4.16(D)(3)(a)(3)-Frequent Views/Access in the C-C-R zone as it is vague and difficult to interpret and apply to various sized parcels.There remains sufficient protection in Sec. 3.4.1(1). Problem Statement This standard limits the length of buildings on the axis along the river in the C-C-R and R-D-R zone districts. It was highlighted in the recent In-Situ development on Lincoln Street,and some flaws in the standard were pointed out. To wit: 1)several buildings which meet the standard could block more of the river than a single building which violates the standard; 2)varying parcel sizes are not accounted for even though they affect the ability to put a development program into multiple buildings;and,3)on the Link-N-Greens parcel,which extends %,mile from the river,a building wall"on the axis along the river"may be completely separated from the river landscape and have no relationship to the purpose of the standard,and 4)Section 3.4.1 (I)(1 and 2)Design and Aesthetics requires projects to be designed to complement the visual context and views of large natural habitats and corridors like the Poudre River. Staff considered the idea of revising the standard,either by adding to it,or by changing it to be less prescriptive and more performance-based. Both approaches have their own flaws. Since Section 3.4.1(1)already covers the fundamental aspect of the standard,Staff recommends deleting the standard. Wednesday,May 21,2003 Page 6 of 10 • Proposed Solution Overview Delete the standard. Related Code Revisions Ord.Section Code OW Revision Effect 17 4.16(DX3)(a) Delete the standard. 587 Amend 3.8.3 -Home Occupations-by adding a provision that limits the hours during which business clients or customers can come to a home. Problem Statement The home occupation ordinance currently contains eight standards that regulate the operation of home occupations in order to limit the impact of such uses on surrounding residential properties. One of the existing standards requires that there can be no offensive noise generated by the home occupation. Staff occasionally receives complaints from neighbors about the noise created when clients or customers of a home business come and go,such as opening or closing car doors or starting car engines at unreasonable hours of the evening or night. Such instances can generally be classified as an offensive noise,meaning that these types of nuisances would violate this general standard of the home occupation ordinance. However,these types of nuisances and others would be better regulated by a specific standard,rather than by a more general standard. What constitutes an"offensive noise"may be open to interpretation. A specific standard that limits the hours during which clients and customers can come to a home for business purposes would be more beneficial. Proposed Solution Overview • The LUC already allows the decision maker to impose operational conditions on new commercial development to ensure compatibility with existing neighborhoods. One such operational condition includes restricting hours of operation(Sec. 35.1(J)). If such restrictions can be imposed in commercial zones,then it is reasonable to assume that such restrictions should be imposed for home occupation uses in residential neighborhoods as a means of ensuring compatibility. Therefore, staff recommends that Section 3.8.3(1)of the LUC be amended to provide such limitations. Related Code Revisions Ord.Section Coe Citc Revision Effect 10 3.8.3(1) Limits the hours of operation for Home Occupations. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. Problem Statement The community already includes one such Elderly Day Care Center, Elderhaus,but the Code does not include a definition nor identify any zone districts where they may be permitted. In order to allow Elderhaus to expand,and to allow opportunity for potential facilities to serve a growing population,the Code should be updated to include the use. Proposed Solution Overview Add Elderly Day Care Center to the 19 out of 24 zone districts that permit Child Care Center. For consistency,classify as Basic Development Review,Type One or Type Two in the same manner as Child Care Center on a per zone district basis. Add to the following zone districts:UE,RL,LMN,MMN,NCM,NCB,D,RDR,CC,CCN,CCR, • C,CN,NC,CL,HC,E,I,and HMN. And add a definition. Related Code Revisions Wednesday,May 21,2003 Page 7 of 10 Ord.Section code cite Revision Effect 11 4.15(B)(2)(c)22. Add'Elderly Day Care'as a permited use. 11 4.19(121)(2)(c)21. Add"Elderly Day Care"as a permited use. 11 4.20(BHt)(c)21. Add"Elderly Day Care"as a permited use. 11 4.21(121)(2)6. Add-Elderly Day Care"as a permited use. 11 4.22(B)(2)(c)11. Add"Elderly Day Care"as a permited use. 11 4.23(B)(3)(c)16. Add"Elderly Day Care"as a permited use. 11 4.1(B)(3xc)5. Add"Elderly Day Care"as a permited use. 11 4.17(B)(3)(b)14. Add"Elderly Day Care"as a permited use. 11 4.18(B)(2)(c)39. Add"Elderly Day Care'as a permited use. 11 4.3(B)(3)(c)2. Add"Elderly Day Care"as a permited use. 11 4.4(13)(2)(c)4. Add"Elderly Day Care"as a permited use. 11 4.14(B)(2)(c)24. Add"Elderly Day Care"as a permited use. 11 4.13(B)(3)(c)6. Add"Elderly Day Care"as a permited use. 11 4A2(13)(1) Add'Elderly Day Care'as a permited use. 11 4.8(Bx1)(c)4. Add"Elderly Day Care"as a permited use. 11 4.7(B)(1)(c)2. Add'Elderly Day Care"as a pennited use. 11 4.5(B)(2)(c)5. Add"Elderly Day Care"as a permited use. 11 4.16(B)(2)(c)19. Add"Elderly Day Care"as a permited use. 11 4.24(B)(2)(c)7. Add"Elderly Day Care"as a permited use. 23 5.1.2 Add a definition of"Elderly Day Care". 590 Amend 4.5(D)(3)-M-M-N Small Parks-by deleting the phrase "greater than two acres in gross area"so that access to parks applies to all projects regardless of size. Problem Statement There is an inadvertent inconsistency in wording calling for small parks in MMN housing development. The main paragraph suggests that the standard applies only to projects over two acres,when in fact the standards apply to all projects,both over two acres and two acres or less. Proposed Solution Overview Delete one phrase Related Code Revisions Ord.Section Code Cite Revision Effect 14 4.5(D)(3) Clarify applicability of the small parks standard. 591 Amend 3.5.1(B)and 3.5.3(D)(1)and 3.5.5(C)(1)to minimize the influence of standardized prototype design of auto-related and other commercial buildings.(Works with allowing Vehicle Minor Repair,Servicing and Maintenance in H-C,E and I.) Problem Statement The proposed code changes work in concert with the proposed change#577 that would allow Minor Vehicle Repair,Servicing and Maintenance(lubrication shops,tune-up shops,carwashes,etc.)as part of"Convenience Shopping Center." The result of#577 is that the Code would allow more auto-related uses into three more zones(Harmony Corridor,Employment and Industrial). The standardized prototype design often associated with these uses may have a negative impact on the surrounding land uses and Wednesday,May 21,2003 Pagc 8 of 10 dilute the distinctiveness of our community. . Staff also has general city-wide concerns about other auto related uses such as Retail Stores with Vehicle Servicing(tire shops,muffler shops,etc.)and chain restaurants and how these may visually impact commercial areas and edges of neighborhoods. These uses have the potential of duplicating an image that is found on a regional,state and national scale. From a land use perspective,distribution of these uses can help reduce vehicle miles traveled. From an aesthetic perspective,however,these uses contain certain attributes that can be difficult to integrate into a commercial center in a unified and cohesive manner. For example,these developments are dominated by"box-like"structures, service bays,overhead doors,large paved areas,vehicle stacking,and,upon occasion, outdoor storage. Most often,the basic building design is a ubiquitous standardized prototype. These characteristics present a challenge for achieving a high level of visual quality and integration as supporting secondary uses. In fact,the visual appearance of the generic version of these uses,with corporate graphic images,is one of the primary reasons such uses have not previously been permitted in the convenience shopping centers. The City Plan basis for this proposed code change is found in Principle CAD-3,Policy CAD 3.1 and Policy CAD 3.2. Proposed Solution Overview The three proposed code changes work in concert in order to promote the three City Plan Principles and Policies. By mitigating standardized prototype design and auto-dominated • aspects of commercial buildings,the visual quality of commercial areas will be improved and the distinctiveness of our community will be enhanced. The changes would also balance out the introduction of Vehicle Minor Repair, Servicing and Maintenance Uses into Convenience Shopping Centers in the H-C,E,and I zones,with the high level of quality expected for these areas. Related Code Revisions Ord.Section Code Cite Revision Effect 3 3.5.1(B) Refine Architectural Character standards to address standardized design. 7 3.5.3(D) Refine Character and Image standards to address standardized design. 9 3.5.5(C)(1) Refine Buildings standards to address standardized design. 592 Amend 3.5.5(A)-Convenience Shopping Center-to clarify the purpose statement that standards contained within the section complement and do not supercede or nullify the general standards for commerical development found in 3.5.1 and 3.5.3. Problem Statement This is a minor edit for clarification. In particular,it clarifies that 3.5.5 complements but does not supercede or nullify the general standards for commercial development found in Sections 3.5.1 and 3.5.3. Proposed Solution Overview Add one paragraph to clarify the purpose. Related Code Revisions Ord,Section Code Cire Revision Effect Wednesday,May 21,2003 Page 9 of 10 8 3.5.5(A) Clarify the standard. Wednesday,May 21,2003 Page 10 of 10 • • Land Use Code Revisions Annotated Ordinance Index Ord.Section# Code Cite Revision Effect Issue 1 3.2.2(K)(I) Amend parking on street parking requirements. 570 Amend the parking standards to allow internal on-sheet parking to count towards meeting the minimum parking requirements. 2 3.2.2(KX5Xd) Amend parking space definitions to provides for acessible 578 Amend 3.2.2(K)(5Xd)to clarify that when only one vans. handicap space is required,it must be a van accessible space. 3 3.5.1(B) Refine Architectural Character standards to address 591 Amend 3.5.1(B)and 3.5.3(DX1)and 3.5.5(C)(1)to standardized design. minimize the influence of standardized prototype design of auto-related and other commercial buildings. (Works with allowing Vehicle Minor Repair,Servicing and Maintenance in H-C,E and 1.) 4 3.5.2(D) Re-titles the subsection heading 579 Amend 3.5.2(D)to limit the size of accessory buildings to 800 sq.ft.in order to be consistent with other residential zone district standards. 5 3.5.2(DX3) Reduce the 15 foot minimum rear-yard setback to 8 feet for 457 Amend 3.5.2(DX3)to reduce the 15 foot minimum rear- residential in the LMN and MMN yard setback to 8 feet for residential in the LMN and MMN. Would match the minimum setback for alley- accessed garages and provide flexibility for carriage houses above garages. 6 3.5.2(DX5) Defines the maximum size of detached accessory buildings. 579 Amend 3.5.2(D)to limit the size of accessory Re-titles the subsection heading buildings to 800 sq.ft.in order to be consistent with other residential zone district standards. 7 3.5.3(D) Refine Character and Image standards to address 591 Amend 3.5.1(B)and 3.5.3(D)(1)and 3.5.5(C)(1)to standardized design. minimize the influence of standardized prototype design of auto-related and other commercial buildings. (Works with allowing Vehicle Minor Repair,Servicing and Maintenance in H-C,E and 1.) 8 3.5.5(A) Clarify the standard. 592 Amend 3.5.5(A)-Convenience Shopping Center-to clarify the purpose statement that standards contained within the section complement and do not supercede or nullify the general standards for commerical development found in 3.5.1 and 3.5.3. Wednesday,May 21,2003 Page I of 5 Ord.Section# Code Cite Revision Effect Issue - 9 3.5.5(CXI) Refine Buildings standards to address standardized design. 591 Amend 3.5.1(B)and 3.5.3(DXI)and 3.5.5(C)(I)to minimize the influence of standardized prototype design of auto-related and other commercial buildings. (Works with allowing Vehicle Minor Repair,Servicing and Maintenance in HL.E and 1.) 10 3.8.3(1) Limits the hours of operation for Home Occupations. 587 Amend 3.8.3-Home Occupations-by adding a provision that limits the hours during which business clients or customers can come to a home. 11 4.1(B)(3Xc)5. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care'to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.12(BXl) Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. -I I 4.13(B)(3Xc)6. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Can Centers. 11 4.14(B)(2Xc)24. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.15(BX2Xc)22 Add"Elderly Day Care"as a permited use. 588 Add a definition of'Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. I l 4.16(BX2Xc)19 Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add m a permitted use in the same zone districts as Child Care Centers. 11 4.17(BX3)(b)14. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add m a permitted use in the same zone districts as Child Care Centers. 11 4.18(BX2)(c)39. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.19(13)(2)(c)21. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. V, May 21 2003 Page 2 of 5 0 Ord.Section# Code Cite Revision Effect Issue I I 4.20(B)(l Xc)21. Add"Elderly Day Care"as a permiled use. 588 Add a definition of"Elderly Day Care'to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.21(13)(2)6. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care'to Article Five and add as a permitted use in the same zone districts as Child Care Centers. I I 4.22(BX2Xc)11. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.23(B)(3Xc)16. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. l l 4.24(B)(2)(c)7. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.3(BX3)(c)2. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.4(BX2Xc)4. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. I I 4.5(B)(2)(c)5. Add"Elderly Day Care'as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 11 4.7(BXIXc)2. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as - Child Care Centers. it 4B(B)(I Xc)4. Add"Elderly Day Care"as a permited use. 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the sane zone districts as Child Care Centers. 12 4.5(BXI) Make regulation of accessory building consistent with 580 Amend MMN and HMN permitted use lists in 4.5 and other zones. 4.24 by removing the reference to the maximum size allowed for accessory buildings in order to be consistent with other residential zone district standards. Wednesday,May 21,2003 Page 3 of 5 Ord.Section# Code Cite Revision Effect Issue - 13 4.5(Bx2) Make regulation of accessory building consistent with 580 Amend MMN and HMN permitted use lists in 4.5 and other zones. 4.24 by removing the reference to the maximum size allowed for accessory buildings in order to be consistent with other residential zone district standards. 14 4.5(D)(3) Clarify applicability of the small parks standard. 590 Amend 4.5(D)(3)-M-M-N Small Parks-by deleting the phrase"greater than two acres in gross area"so that access to parks applies to all projects regardless of size. 15 4.9(B)(1)(b) Clarify applicability of the"equal to or better"standard. 581 Amend 4.9(B)(l)(b)to clarify that only the hardship standard of 2.10(not the"equal to or better than" standard)can be used to consider the granting of a variance in the Transition zone. 16 4.12(B)(2) Add Grocery Stores to the permitted use table. 585 Amend the Dowtown,Old City Center,zone to allow grocery stores.Would allow Food Coop to expand. 17 4.16(D)(3)(a) Delete the standard. 586 Delete 4.16(Dx3xax3)-Frequent Views/Access in the C-C-R zone as it is vague and difficult to interpret and apply to various sized parcels.There remains sufficient protection in Sec.3.4.1(I). 18 4.21(Bx2xc) Amend the H-C zone to allow a Small Animal Vet Clinic 575 Amend the H-C zone to allow a Small Animal Vet as a primary use. Clinic as a primary use rather than as a component of the Convenience Shopping Center which is only allowed as a secondary use in the H-C,E,&I. 19 4.24(B)(1) Make regulation of accessory building consistent with 580 Amend MMN and HMN permitted use lists in 4.5 and other zones. 4.24 by removing the reference to the maximum size allowed for accessory buildings in order to be consistent with other residential zone district standards. 20 4.24(B)(2) Make regulation of accessory building consistent with 580 Amend MMN and HMN permitted use lists in 4.5 and other zones. 4.24 by removing the reference to the maximum size allowed for accessory buildings in order to be consistent with other residential zone district standards. 21 5.1.2 Provide a definition of"Carriage House". 582 Add a definition of"Carnage House"to Art.5. Even though not listed in Art.4,it would help to explain what is meant by the term. 22 5.1.2 Amends the definition of"Convenience Shopping Center". 577 Amend the definition of"Convenience Shopping Center" to allow Vehicle Minor Repair,Servicing and Maintenance.Would allow these uses in the H-C,E&1 zones only and only as a secondary use.. v ' esday,May 21,2003 Page 4 nr 5 Ord.Section# Code Cite Revision Effect Issue 23 5.1.2 Add a definition of"Elderly Day Care". 588 Add a definition of"Elderly Day Care"to Article Five and add as a permitted use in the same zone districts as Child Care Centers. 24 5.1.2 Clarify the definition of Zero Lot Line Development 576 Amend the definition of Zero Lot Line Development Plan to delete the redundant phrase"the location of". Wednesday,May 21,2003 Page 5 of 5 . ORDINANCE NO. 090, 2003 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. 51, 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 3.2.2(K)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (b) which reads in its entirety as follows and all subsequent paragraphs renumbered accordingly: (b) Multt faintly, Attached or ,Two family �m�ects De '` e tXIltternal,Stree -�R . 'n'a 119 (exceptfo xe` use dwe_ ng sing -,aniil de' he we ngs) may be 1counted o meei#the parking requirements for`the development; Section 2. That Section 3.2.2(K)(5)(d) of the Land Use Code is hereby amended to read as follows: (d) Each parking lot shall contain at least the minimum specified number of handicap spaces as rovidedin the table below. i1 •a. ,; �s � i Section 3. That Section 3.5.1(B) of the Land Use Code is hereby amended to read as follows: (B) Architectural Character. New developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is com lementaz . P_..,e1 . are Compatibility shall be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed infill development. Brick and stone masonry shall be considered compatible with wood framing and other materials. Section 4. That the title of Section 3.5.2(D) of the Land Use Code is hereby amended to read as follows: (D) Residential Building Setbacks,,e*dLot Width and Size. Section 5. That Section 3.5.2(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Side and Rear Yard Setbacks. The minimum side yard setback for all residential buildings and for all detached accessory buildings that are incidental to the residential building shall be five (5) feet from the property line, except for alley-accessed garages for which the minimum setback shall be eight (8) feet. If a zero-lot line development plan is proposed, a single six-foot minimum side yard is required. Rear yard setbacks in residential areas shall be a minimum of fifteen (14 -($ feet from the rear property line, except for garages and storage sheds not exceeding eight (8) feet in height, where the minimum setback shall be zero (0) feet, and fer Aey eeeessea 2 be eight (8) f ee Section 6. That Section 3.5.2(D) of the Land Use Code is hereby amended by the addition of a new subparagraph(5) which reads in its entirety as follows: ittr�ro squu i c�pGthat the gaze y be-I a fhc um amount necess R c ;a handic acce4iber, gbay,.;whgq.such a,bs xgquired;by the c� tdin Section 7. That Section 3.5.3(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Site-Specific Design. Building design shall contribute to the uniqueness of a zone district, and/or the Fort Collins community with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified if necessary t ' 1y wtth 'the regturements , of 1M subsection. Section 8. That Section 3.5.5(A) of the Land Use Code is hereby amended to read as follows: (A) Purpose. Neighborhoodconveziienee tr g 1pj)g, cenfe a e e to provide locations for small scale, everyday shopping and services assembled together in an attractive, convenient destination to primarily serve consumer demand from adjacent areas Theses fan�dards "° emenogN, `eneral andards lfor^_all c rcl eopment b odn n em ee It flectp ze the. garis_, 0 A.01rusive R 4Rmen�a Section 9. That Section 3.5.5(C)(1) of the Land Use Code is hereby amended to read as follows: • 3 (1) Architectural Style. MoWmsRndfini�shmaterials of buildings,Wipage, gasoline pump canopies and other accessory structures shall be compatible with the architectural character of the adjacent area through compliance with the following standards: Section 10. That Section 3.8.3(1) of the Land Use Code is hereby amended to read as follows: (1) Such use shall be conducted entirely within a dwelling and carried on by the inhabitants of the dwelling with not more than one (1) additional employee or co-worker. e on Jim Section 11. That Sections 4.1(B)(3)(c),4.3(B)(3)(c), 4.4(B)(2)(c), 4.5(B)(2)(c), 4.7(B)(1)(c), 4.8(B)(1)(c), 4.12(B)(1) table — all sub districts, 4.13(B)(3)(c), 4.14(B)(2)(c), 4.15(B)(2)(c), 4.16(B)(2)(c), 4.17(B)(3)(b), 4.18(B)(2)(c), 4.19(B)(2)(c), 4.20(B)(1)(c), 4.21(B)(2), 4.22(B)(2)(c), 4.23(B)(3)(c) and 4.24(B)(2)(c) be amended to add "Elderly day care center" as a permitted use with said amendment to occur as the last enumerated item in the list of permitted uses contained in each Section. Section 12. That Section 4.5(B)(1)(a)l. of the Land Use Code is hereby amended to read as follows: 1. Accessory buildings ef six hundred fifty (650) squafe feet Section 13. That Section 4.5(B)(2)(d)of the Land Use Code is hereby deleted in its entirety. x. 4 Section 14. That Section 4.5(D)(3)of the Land Use Code is hereby amended to read as follows: (3) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [t/4] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses: Section 15. That Section 4.9(B)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with Division 2.10 permitting installation or enlargement of a permanent structure containing a use which was existing at the time the property was placed in this District, or contaming a use which is ancillary to such existing use. e standazi ,oFDivi"sign 2.10.2(W, ec_ 10.2(Ei�(2) shall tiof apply; Section 16. That the land use "Grocery stores" contained in Section C. of the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center Grocery stores(occupying 3Vet-Ferntitted Type 1 Type 1 between five thousand [5,000] and twenty-five Type 1 thousand[25,000] square feet) Section 17. That Section 4.16(13)(3)(a)3. of the Land Use Code is hereby deleted in its entirety. 5 expeed- AMA himdafed twenty five (125) feet on the a*is along the Rivef� Section 18. That Section 4.21(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 6 which reads in its entirety as follows: Section 19. That Section 4.24(B)(1)(a)1. of the Land Use Code is hereby amended to read as follows: 1. Accessory buildings Section 20. That Section 4.24(B)(2)(d) of the Land Use Code is hereby deleted in its entirety. 'd) Meesso yrliseellaneeus 11sest si* handEed fifty (650) square feet Af flee ffea. Section 21. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Carriage house" which reads in its entirety as follows: Carna~ge.'house hall mean a &mglaimly ;detached;;dwelln" sy�lated behind a separate,pnncipai'dwelhngson the same lot, where theca t"age house is 11 attached[rvio a garage that servesi as'?the .only garage, space:;for' thet-principal dwelling. Section 22. That the definition of "Convenience shopping center" contained Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Convenience shopping center shall mean a shopping and service center situated on seven (7) or fewer acres with four (4) or more business establishments with separate exterior entrances, located in a complex which is planned, developed and managed as a single unit, and located within and intended to primarily serve the consumer demands of adjacent employment areas. The principal uses permitted include retail stores; business services; convenience retail stores with fuel sales (possibly including an accessory one-bay automatic carwash but net a fRulti bay self eafwash); personal business and service shops; standard or fast food restaurants (without drive-up windows); . cle }10 beauty or matti�en�gce�uses; liquor sales (for on- or off-premise consumption); y barber shops; dry-cleaning outlets; equipment rental (not including outdoor storage); limited indoor recreational uses; pet shops; and uses of similar character. 6 . Secondary uses may include professional offices; limited banking services such as branch banks (with limited drive-up facilities) and automated teller machines; multi-family dwellings; medical offices and clinics; small animal veterinary clinics; child care centers; and elderly day-care facilities. Section 23. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Elderly day care center" which reads in its entirety as follows: Eldetlydayar�" `eiaieFshaly edito�ti�esdenttal�facrii °�"' 'e care, supernsionrpectto an ns4cy achvthes of persons over six ears of age dunng normal daytime Svorking hours but does`not provde'res ilential, ove1�: ,e3!tp;foura�2 Section 24. That the definition of "Zero lot line development plan" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Zero lot line development plan shall mean a development plan where the1eeatien of-one (1) or more dwellings (limited to single-family detached or single-family attached dwellings) are placed on lots in such a manner that at least one (1) of the dwelling's sides rests directly on a lot line, as measured from the outer edge of the dwelling's foundation at the ground line, so as to enhance the usable open space on the lot. Introduced and considered favorably on first reading and ordered published this 3rd day of June, A.D. 2003, and to be presented for final passage on the 17th day of June, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of June, A.D. 2003. Mayor ATTEST: City Clerk •