HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2002 - FIRST READING OF ORDINANCE NO. 087, 2002, MAKING V AGENDA ITEM SUMMARY ITEM NUMBER: 32
DATE: May 21, 2002
FORT COLLINS CITY COUNCIL FROM:
Ted Shepard
SUBJECT :
First Reading of Ordinance No. 087, 2002, 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.
BACKGROUND:
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.
Following is a brief synopsis of two substantive issues. Attachments include a summary of all
the issues as well as the draft Ordinance itself.
SUBSTANTIVE ISSUES:
A. "Consider Removing the Supermarket Exemption from the Big Box Standards and
Guidelines"
The original Big Box Standards and Guidelines were approved in 1994 in conjunction with the
six-month moratorium on commercial development in the Harmony Corridor. At that time, the
concern over big box retail was a high priority and supermarkets were not considered to be the
problem. Since that time, however, it has become obvious that "supermarkets" are, in fact,
"large retail establishments" and in order to mitigate their impacts, should be brought in under
the big box standards. Further, since supermarkets are envisioned to anchor neighborhood
centers, the big box standards and guidelines will enhance pedestrian-scaled development to
encourage walking and biking.
There are two important design standards that would now be applied to "supermarkets." These
are the standards that require multiple entrances and distributed parking. These two standards
DATE: may 21,
ITEM NUMBER: 3
work in concert to mitigate the mass of the structure, break up large expanses of asphalt, and
establish a more compatible relationship to the surrounding neighborhood.
The proposed change would amend the definition of "Large Retail Establishment" by deleting
the supermarket exemption.
Since the Planning and Zoning Board work session of April 26, 2002, staff has been in contact
with two shopping center developers and their consulting teams. These two centers are
Harmony School Shops at the northeast corner of Harmony and Timberline Roads and
Shenandoah Neighborhood Center at the northwest corner of South College and Carpenter Road
(extended). Both developments are in the sketch plan phase for supermarket-based retail centers.
In reviewing the initial sketch plans for these two proposals, it has become apparent that the
Parking Lot Distribution requirement may not directly promote other equally valid planning
objectives. For example, in the N-C, Neighborhood Commercial district, emphasis is placed on
a block pattern connected by an integrated street and sidewalk network. In the Harmony
Corridor, centers are envisioned to create their own internal character with buildings relating to
each other supported by direct pedestrian connections internally among various buildings as well
as externally with the adjacent neighborhood.
Both of these examples represent an evolution of commercial centers that may promote
important urban design objectives that are as equally valid as distributed parking around a
building. Strict enforcement of the Parking Lot Distribution Standard may represent an
opportunity cost to achieving these other design concepts.
For this reason, staff recommends that the Parking Lot Distribution standard not apply to
Supermarkets.
B. "Amend the Multi-Family Parking Requirements Regarding Extra Fees for Detached
Spaces"
This proposed revision would amend the parking section of the Code so that detached garage
parking spaces for multi-family housing would not count towards meeting minimum
requirements if tenants are charged an extra fee or extra premium for use of such space.
Section 3.2.2(K)(1)(a) of the LUC sets forth the minimum off-street parking requirements for
multi-family dwelling units. The number required is based on the number of bedrooms per
dwelling unit. For instance, 1.75 parking spaces are required for every 2 bedroom dwelling unit
in the project. Thus, a 100-unit project consisting of all 2-bedroom units would require that a
minimum of 175 parking spaces be provided on the property. These parking spaces can be open,
surface parking spaces or they can be enclosed, garage spaces. Since a 2-bedroom unit can
accommodate more than 1.75 residents, the number of parking spaces provided is often less than
the total number of driving-age residents. Thus, it is not unusual for some parking to spillover
onto the adjacent streets. In order to minimize the impact to the other property owners along
those streets, it is important that all of the parking spaces that are provided in a multi-family
development are usable parking spaces.
Numerous multi-family projects have been approved and constructed with a combination of
open and enclosed spaces. The total of all these spaces needs to comply with the minimum
DATE: ay 21, 2002 3 ITEM NUMBER: 32
number of spaces required. Staff has been receiving many complaints from neighbors of newer
multi-family projects that contain detached garage buildings. They are complaining that a
larger-than-expected amount of spillover parking is occurring, and they attribute this to the fact
that many of the spaces in the garage buildings are not being used. Investigations that have
resulted from these neighbor inquiries have revealed that it's now common for tenants to have to
pay an extra monthly rental charge in order to use a garage. Or in the case of condominiums, it's
not uncommon to find that the purchase price of a unit is higher if the buyer wants a garage
space. These higher costs are resulting in a garage "vacancy rate" of 30% to 40%, even though
the dwelling unit vacancy rate is•closer to 5%. Therefore, the available off-street parking is
under-utilized and the resulting impact on the streets is significant.
ORDINANCE NO. 087, 2002
OF THE COUNCIL OF THE CITY OF FORT COLI.INS
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 be, and hereby is, amended as follows:
Section 1. That Section 2.10.2(H)(1) of the Land Use Code is hereby
amended to read as follows:
(1) by reason of exceptional physical conditions or other extraordinary
and exceptional situations unique to such property, including, but
not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder
the owner's ability to install a solar energy system, the strict
application of the standard sought to be varied would result in
unusual and exceptional practical difficulties, or exceptional or
undue hardship upon the augwr ccupant of such property, or upon
the applicant, provided that such difficulties or hardship are not
caused by the act or omission of the occupant or applicant; or
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Section 2. That Section 2.12.2 of the Land Use Code is hereby amended to
read as follows:
2.12.2 Petitions for Annexation and Annexation Plats
In addition to all state statutory filing and procedural requirements, all petitions for
annexation and annexation plats shall be submitted to the City Clerk, with a copy, and
application fee, to the Director. The City Clerk shall exgedi iesuly schedule the petitions
for a meeting of the City Council held at least fifteen (15) days after the date the
Di;ecto;City Clerk receives the petition and plat.
Section 3. That the title of Section 3.2.2(K) of the Land Use Code is hereby
amended to read as follows:
(K) Parking Lots—Required Number of Off-Street Spaces for Type of Use.
Section4. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Attached Dwellings: For each two-family and
multi-family dwelling there shall be parking spaces
provided as indicated by the following table:
Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit*
One or less 1.5
Two 1.75
Tluee 2.0
Four and above 2.5
* Spaces that are located in detached residential garages (but not including
parking structures) shall be made available to dwelling unit occupants at
no additional rental or purchase cost (meaning as an optional amenity
separate from the dwelling unit rental rate or purchase price).
Section 5. That Section 3.2.3(D)(1) of the Land Use Code is hereby amended
to read as follows:
(1) The physical elements of the development plan shall be, to
the maximum extent feasible, located and designed so as
not to cast a shadow onto structures vithin a s:.o ^. on
adjacent property greater than the shadow which would be
cast by a twenty-five-foot hypothetical wall located along
the property lines of the project between the hours of 9:00
am and 3:00 pm, MST, on December 21. This provision
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shall not apply to structures within the following high-
density zone districts: Downtown, Community
Commercial.
Section 6. That Section 3.3.2(C) of the Land Use Code is hereby amended to
read as follows:
(C) Development Guarantee and Maintenance and Repair
Guarantees.
(1) Construction Security. Prior to the issuance of a
Development Construction Permit for a new development,
the developer must provide to the city a guarantee in the
form of a development bond, performance bond, letter of
credit, cash, certificate of deposit or other city-approved
means to guarantee the completion of all public
improvements to be constructed as shown on the approved
plans for the development (hereafter referred to as the
"construction security").
The amount of the construction security shall be equal to
the total cost of the developer's portion of the public
improvements, as estimated by the developer and approved
. by the City Engineer. Nowover, d..wr upoia siwh
dais. As progress is made on the construction
of the new public infrastructure, the developer may request
a reduction in the amount of construction security in
proportion to the actual completion percentage of the
installed infrastructure. However,` draws upon such
construction security shall not exceed the actual cost of
completing a deficient;development project or making any
necessary repairs. Upon receipt of such a request, the city
shall verify the completion percentage and permit the
substitution of an approved construction security
instrument in an amount equal to the cost of the developer's
portion of the remaining public improvements.
(2) Maintenance/Repair Security. The plat shall contain a two-
year maintenance guarantee and a five-year repair
guarantee covering all errors or omissions in the design
and/or construction. Said guarantees shall run concurrently
and shall commence upon the date of completion of the
public improvements and acceptance by the city, as
described in Section 2.2.3(C)(3) (Execution of Plats/Deeds;
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Signature Requirements). If a plat is not required or if the
plat does not include the entire area being developed, then
said maintenance and repair guarantees shall be established
in a development agreement. Security for the maintenance
guarantee and the repair guarantee (hereinafter referred to
as the"maintenance/repair security") shall be in the form of
a bond, letter of credit, cash, certificate of deposit, an
extension of the security as provided in subsection (1)
above or other city-approved means to secure said
maintenance and repair. The amount of the
maintenance/repair security during the maintenance
guarantee period shall be based on a percentage of the cost
of the public improvements. Said percentage shall be
determined by the City Engineer based on the potential
costs of repairs within the development and shall not
exceed twenty-five (25) percent. At the conclusion of the
two-year maintenance/repair period, representatives of the
city and the developer shall jointly conduct an inspection of
the development for the purpose of identifying any repairs
or maintenance actions necessary before transfer of the
maintenance responsibility from the developer to the city.
Upon satisfactory completion of said repairs or
maintenance actions, the city will assume the responsibility
for maintaining the streets and other improvements which
have been dedicated to the city.
(3) Maintenance/Repair Security Extension. Whether
maintenance/repair security must be provided by the
developer for the remaining three (3) years of the repair
guarantee period shall depend upon the condition of the
streets and other public infrastructure within the
development. The developer shall not be required to
provide such additional maintenance/repair security for
streets or infrastructure that, upon inspection by the City
Engineer, are found not to exhibit any evidence of
deterioration or defect (including, without limitation,
excessive cracking, settlements, deflections, rutting,
potholes or other similar defects), other than normal wear
and tear. However, if evidence of such deterioration or
defect is exhibited, then the existing maintenance/repair
security shall be required to be renewed, or a new security
shall be required for the final three (3) years of the repair
guarantee period. The amount of the maintenance/repair
security during the repair guarantee period shall be based
on a percentage of the cost of the public improvements.
Said percentage shall be determined by the City Engineer
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. based on the potential costs of repairs within the
development, shall not exceed twenty-five (25) percent,
and may be adjusted if appropriate during the guarantee
period.
(4) Affordable Housing Security Exemption. Notwithstanding
the security requirements contained in subparagraphs (1),
(2) and (3) above, applications for the construction of
affordable housing projects shall be totally or partially
exempt from such security requirements according to the
following criteria:
(a) The security authorized under this subsection (C)
shall be entirely,waived for development projects in
which one hundred (100) percent of the dwelling
units qualify as affordable housing units for sale or
for rent:'.
(b) The security authorized under this subsection (C)
shall be reduced in direct proportion to the
percentage of affordable housing units for sale or
for rent that are provided in the development project
(within the authorized waiver range of ten [10]
. percent to one_ hundred [100] percent), in
accordance with the following formula:
number of affordable housing units - total number
of housing units x total security required = amount
of security waived
(c) The security authorized under this subsection (C)
shall not be reduced if less than ten (10) percent of
the dwelling units within the project qualify as
affordable housing units for sale or for rent.
(d) In order to determine whether a development
project is eligible for a waiver or reduction of fees
under this subparagraph (4), any applicant seeking
such -waiver - or reduction must submit
documentation evidencing the eligibility of the
development project to the City Engineer, who may,
upon ,review of such documentation, reduce the
amount of said security in accordance with this
subparagraph(4). Prior to the issuance of any
• certificate of occupancy for the development
project, a final determination shall be made by the
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City Engineer as to whether the development
project qualifies for a waiver or reduction of the
security. In the 'event that the City Engineer
determines that the development project does not so
qualify, security shall be increased to the level
required in the applicable subparagraph (1), (2) or
(3) above,and the security shall be deposited with
the city!prior to the issuance of the first certificate
of occupancy.
Section 7. That Section 3.3.2(F)(1) of the Land Use Code is hereby amended
to read as follows:
(F) Off-Site Public Access Improvements.
(1) Improvements. All developments
must have adequate access to the city's Improved Arterial
Street Network, as described below, or to a street that
connects to the Improved Arterial Street Network.
Exceptions to the foregoing requirements may be granted
for streets which have adequate funds appropriated by the
city for improvement to current standards. The developer
of any property which does not have such adequate access
to an Improved Arterial Street or which does not have such
adequate access to streets which connect to the Improved
Arterial Street Network, along the primary access routes for
the development, shall be required to improve the impacted
intervening streets as follows:
(a) For arterial and collector streets, such
improvements shall consist, at a minimum, of
constructing a thirty-six-foot-wide paved street
cross section on a base that is adequate to
accommodate the ultimate design of the street either
(1) as designated on the Master Street Plan, or (2) in
accordance with the city design criteria for streets,
whichever is applicable.
(b) For all other street classifications, the off-site street
improvements shall be designed and constructed to
city standards including, without limitation, curb,
gutter, sidewalk and pavement.
(c) All k4cR,@Ak;g streets that connect to the Improved
Arterial Street Network shall include the width and
improvements necessary to maintain a level of
service as defined by Part II of the City of Fort
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Collins Multi-modal Transportation Level of
Service Manual for the length required to connect to
the Improved Arterial Street Network.
tke—stFeetOff-site public access improvements shall be
required for all primary access routes that will, in the
judgment of the City Traffic Engineer, carry the most trips
(per travel mode) generated by the development as defined
by the Transportation Impact Study required by Section
3.6.4. To identify the improvements
to be made as a condition of approval of the development,
the City Engineer shall utilize a map entitled the "Improved
Arterial Street Network" depicting, as nearly as practicable,
(1) all existing arterial and collector streets in the city; and
(2) the current structural condition of the same. A waiver
to these requirements may be granted by the City Engineer
for e"awprimary`access>routes which, in the judgment of
the City Engineer, are in substantial compliance with the
city standards applicable for the weetsuch routes and are
designed and constructed to adequately accommodate the
traffic impacts of the development.
. Section 8. That Section 3.5.1(I)(4) of the Land Use Code is hereby amended
as follows:
(4)
s--e� e�eesOutside'.areas, used on a-long-term or
regular basis for inventory storage or sale, over-stock,
seasonal goods, bulk items and thelike shall be located
within an area that is permanently screened with walls or
fences. Materials, colors and design of screening walls or
fences shall conform to those used as predominant
materials and colors on the building. If such areas are to be
covered, then the covering shall conform to those used as
predominant materials and colors on the building. 44iis
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Section 9. That Section 3.5.1(I) of the Land Use Code is hereby amended by
the addition of a new subparagraph (5) which reads as follows and all subsequent
subparagraphs renumbered accordingly:
(5) Outside areas that are used on a temporary basis for the sale
of seasonal inventory only shall be defined by non-
permanent wails or fences. Such an enclosure shall not
inhibif fire access to the building or pedestrian and bicycle
access to the building entrance. If chain link fencing is
used,it must be vinyl-clad or covered with a mesh material.
Any such enclosure shall be removed upon the conclusion
of the seasonal sale period.
Subsections (4) and (5) shall not apply to temporary
vendors who have been issued outdoor vendor licenses as
required by Section 15-382 of the City Code, provided that
such temporary;'vendors are not permitted to operate for
more than sixty(60)days in any calendar year.
Section 10. That Section 3.5.3(B)(2)(c) of the Land Use Code is hereby
amended to read as follows:
(c) Buildings shall be located at least ten (10) and no
more than twenty-five (25) feet behind the street
right-of-way of an adjoining street that is larger than
a aaiae;two (2) lane arterial that does not have on-
street parking.
Section 11. That Section 3.5.3(B)(2)(d)2. of the Land Use Code is hereby
amended to read as follows:
2. if the building is adjacent to a f4d"
w.4o;four (4) lane or six (6) lane arterial
street, and the Director has determined that
an alternative to the street sidewalk better
serves the purpose of connecting
commercial destinations due to one (1) or
more of the following constraints:
a. high volume and/or speed of traffic
on the adjacent streat(s),
b. landform,
C. an established pattern of existing
buildings that makes a pedestrian-
oriented streetfront infeasible.
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• Such an alternative to the street sidewalk
must include a connecting walkway(s) and
may include internal walkways of other
directly connecting outdoor spaces such as
plazas, courtyards, squares or gardens.
Section 12. That Section 3.5.3(D) of the Land Use Code is hereby amended by
the addition of a new subparagraphs (8) and(9)which read as follows:
(8) Drive-through lane with limitation. No drive-through
facility associated with a retail establishment or large retail
establishment shall exceed ten(10) feet in width.
(9) Illumination ,prohibition. Exterior-mounted exposed
neon/fiber optic/rope L.E.D. lighting, illuminated
translucent materials (except signs), illuminated striping or
banding, and illuminated product displays on appurtenant
structures(e.g.fuel dispensers)shall be prohibited.
Section 13. That Section 3.5.4(C)(3)(a) of the Land Use Code is hereby
amended to read as follows:
• (a) Entrances. All sides of a large retail establishment
that directly face an abutting public street shall
feature at least one (1) customer entrance. All
entrances shall be architecturally prominent and
clearly visible from the abutting public street.
Where a large retail establishment directly faces
more than two (2) abutting public streets, this
requirement shall apply only to two (2) sides of the
building, including the side of the building facing
the primary street, and another side of the building
facing a second street. (See Figure 14.) Movie
theaters are exempt from this requirement.
Section 14. That Section 3.5.4(C)(3)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Parking lot location. No more than fifty (50)
percent of the off-street parking area for the lot,
tract or area of land devoted to the large retail
establishment shall be located between the front
facade of the large retail establishment and the
abutting streets (the "Front Parking Area"). The
. Front Parking Area shall be determined by drawing
a line from the front corners of the building to the
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nearest property comers. If any such line, when
connected to the plane of the front facade of the
building, creates an angle that is greater than one
hundred eighty (180) degrees, then the line shall be
adjusted to create an angle of one hundred eighty
(I80) degrees when connected to the plane of the
front facade of the building. If any such line, when
connected to the plane of the front facade of the
building, creates an angle that is less than ninety
(90) degrees,then the line shall be adjusted to create
an angle of ninety (90) degrees when connected to
the plane of the front facade of the building.
Parking spaces in the Front Parking Area shall be
counted to include all parking spaces within the
boundaries of the Front Parking Area, including (i)
all partial parking spaces if the part inside the Front
Parking Area boundary lines constitutes more than
one-half ('/2) of said parking space, and (ii) all
parking spaces associated with any pad sites located
within the Front Parking Area boundaries.
Supermarkets are exempt from this requirement.
Section 15. That Section 3.5.5(D)(3)(a)l. of the Land Use Code is hereby
amended to read as follows:
1. twenty-five(25) feet from any wiajer-arterial right-
of-way, and
Section 16. That Section 3.6.1 of the Land Use Code is hereby amended by the
addition of a new subparagraph(C)which reads in its entirety as follows:
(C) Compliance with Access Control Plans. The State Highway Access
Control Code and/or any specific access control plan adopted according to
that code shall determine the location of all intersections (whether of
public streets or private drives or other access ways) with state highways.
All development plans that are adjacent to a state or federal highway shall
provide the access design facilities, including supporting circulation
facilities, identified within any applicable adopted access control plans,
when such facilities are needed because of the development plan. In
addition, all development plans that are adjacent to any street for which an
access control plan has been adopted by the city shall provide the access
design "facilities, including supporting circulation facilities, identified
within such access control plan,when such facilities are needed because of
the development plan.
to
• Section 17. That Section 3.6.2(L)(2)(a) of the Land Use Code is hereby
amended to read as follows:
(a) If any property served by the private drive cannot
receive fire emergency service from a public street,
then all emergency access design requirements shall
apply to the private drive in accordance with
Section 3.6.6. An "emergency access easement"
must be dedicated to the city for private drives that
provide emergency access and such private drives
shall not exceed six hundred sixty (660) feet in
length.
Section 18. That Section 3.6.3(C) of the Land Use Code is hereby amended to
read as follows:
(C) Spacing of Full Movement Collector and Local Street
Intersections With Arterial Streets. Potentially signalized, full-
movement intersections of collector or local streets with arterial
streets shall be provided at least every one thousand three hundred
twenty (1320) feet or one-quarter ('/a) mile along arterial streets,
unless rendered infeasible due to unusual topographic features,
existing development or a natural area or feature.
•
Section 19. That Section 3.6.6(C) of the Land Use Code is hereby amended to
read as follows:
(C) Building Placement. All portions of the exterior wall of the first story of
any structure must be located within one hundred fifty (150) feet of a
public street (except au4o;-arterial streets) or an approved fire access road
in which fire apparatus can be maneuvered.
Section 20. That Section 3.8.2(B) of the Land Use Code is hereby amended to
read as follows:
(B) DapCare Homes. With . ogt t. day Gars honao. the c llowing
cgulati^^s sha apply Day-care homes shall be permitted as an
accessory use as defined in Article 5, provided that such homes are
licensed by the State of Colorado and that the maximum number of
children and the 'age limitation of children to whom care is
provided complies with the State of Colorado regulations for a
. family child care home,an infant/toddler home, or an experienced
family child care provider home.
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Section 21. That Section 3.8.11(C) of the Land Use Code is hereby amended
by the addition of new subparagraphs (5) and (6) which shall read in their entirety as
follows:
(5) no closer than two (2) feet to,a public sidewalk;
(6) no closer than three (3) feet to a lot line along an alley where an
alley-accessed garage door is set back at least twenty (2) feet from
the lot line, and no closer than eight (8) feet to;a lot line along an
alley where an alley-accessed garage door is set back less than
twenty(20)feet from the lot line,except that alley fences on lots in
the RL,NCL NCM and NCB districts may be located closer to the
lot line along an alley when the.CityEngineer approves such a
location.
Section 22. That Section 3.8.12 of the Land Use Code is hereby amended by
the addition of a new subparagraph(E)which reads in its entirety as follows:
(E) No adult bookstore, adult novelty store, or adult retail store that, as of June
14, 2002, had adult material in excess of twenty (20) percent of its stock-
in-trade, or derived in excess of twenty (20) percent of its revenues from
such material, or devoted in excess of twenty (20) percent of its interior
business or interior advertising to such material,or maintained in excess of
twenty (20) percent of its gross floor area or display space for the sale or
rental of such material, shall be allowed to increase its adult material
business beyond the percentages that existed on June 14, 2002.
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• Section 23. That Section 4.1(E)(2)(c) of the Land Use Code is hereby amended
to read as follows:
(c) Minimum lot sizes may be waived by the Planning and Zoning
Board, provided that the overall average density of the proposed
development does not exceed two (2) dwelling units per ;ietgross
acre and the density of the cluster development does not exceed
five (5) dwelling units per net acre.
Section 24. That Section 4.4(B)(2)(b) 2. of the Land Use Code is hereby
amended to read as follows:
2. Public and private schools for college, university,
vocational and technical education, provided they are.
located within five hundred (500) feet of East Vine Drive
or railroad property adjacent and parallel to East Vine
Drive.
Section 25. That Section 4.4(B)(3)(c) of the Land Use Code is hereby amended
to read as follows:
(c) Commercial/Retail Uses:
1. Neighborhood centers consisting of one (1) or more of the
following uses: standard and fast food restaurants (without
drive-in or drive-through facilities); artisan and
photography studios and galleries; or convenience retail
stores with fuel sales that are at least three-quarters (1/4)
mile from any other such use and from any gasoline station;
provided that such use or uses are combined with at least
one (1) other use listed in Section 4.4(B)(2)(c)3 above.
2. Enclosed mini-storage facilities, provided they are located
within five hundred (500) feet of East Vine Drive or
railroad property adjacent and parallel to East Vine Drive.
23. Limited indoor recreation establishments, provided they are
located within five hundred (500) feet of East Vine Drive
or railroad property adjacent and parallel to East Vine
Drive.
34. Offices, financial services and clinics which are not part of
a neighborhood center.
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Section 26. That Section 4.4(1))(3)(c) of the Land Use Code is hereby
amended to read as follows:
(c) Land Use Requirements. A neighborhood center
shall include two (2) or more of the following uses:
mixed-use dwelling units; community facilities;
neighborhood support/recreation facilities; schools;
child care centers; places of worship or assembly;
convenience retail stores; offices, financial services
and clinics; personal or business service shops;
standard or fast food restaurants (without drive-in or
drive-through facilities); small animal veterinary
clinics; and artisan or photography studios or
galleries. No drive-in facilities shall be permitted.
A neighborhood center shall be a maximum of five
(5) acres in size, excluding such portion of the
neighborhood center which is composed of a
school, park, place of worship and assembly and/or
outdoor space as defined in subparagraph (e) of this
Section.
Section 27. That Section 4.4(D)(5) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) Any enclosed mini-storage facility shall.include a
caretaker's -dwelling facing the street, and any
remaining building frontage along the street shall
not include overhead doors. Fencing along streets
shall be wrought iron, or its visual equivalent, and
any fencing along streets that exceeds four (4) feet
in height shall be placed in segments between
buildings, and not as a continuous perimeter fence.
Section 28. That Section 4.9(B)(2) of the Land Use Code is hereby amended to
read as follows:
(2) The owner of any property in the T District may at any time
petition the city to remove the property from this zone district and
place it in another zone district. Unless the following time
limitations are waived by the petitioner, any such petition shall be
referred to the Planning and Zoning Board to be considered at the
next regular meeting of such board which is scheduled at least
F.,tleen-454thirty (30) days from the date the petition is filed with
the City Clerk. Within sixty (60) days from the date the matter is
considered by the board, the City Council shall change the zoning
14
for the property in question to another zone district authorized
under this Article.
Section 29. That the land use "Places of worship or assembly" contained in
Section B. 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
ME
Places of worship or Typel Type 1 AJet-PanxditadType 2
assembly
Section 30. That the land uses "Grocery stores" and "Fast food restaurants"
contained in Section C. of the chart contained in Section 4.12(B)(2) of the Land Use
Code are hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
Groce Mry stores(occupying Not Pernritted Type 1 Type 1
between five thousand
(5,0001 and twenty-five
thousand[25,0001 square
feet)
Fast food restaurants BP Type 1 Type 1
(without drive-in or drive-
through facilities)
Section 31. That Section 4.13(B)(2)(c)l. of the Land Use Code is hereby
amended to read as follows:
1. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 32. That Section 4.13(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
15
Section 33. That Section 4.14(B)(2)(c)3. of the Land Use Code is hereby
amended to read as follows:
3. Fast food restaurants (without drive-in or
drive-through facilities).
Section 34. That Section 4.14(B)(2)(c)7. of the Land Use Code is hereby
amended to read as follows:
7. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 35. That Section 4.14(B)(3)(c)8. of the Land Use Code is hereby
amended to read as follows:
8. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from any
other such use and from any fueling station.
Section 36. That Section 4.15(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 37. That Section 4.15(B)(2)(c)3. of the Land Use Code is hereby
amended to read as follows:
3. Grocery stores (occupying between five
thousand[5,000] and twenty-five thousand
[25,000] square feet).
Section 38. That Section 4.15(13)(3)(c)l. of the Land Use Code is hereby
amended to read as follows:
1. Convenience retail stores with fuel sales,
provided that they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from the cr« ..w,,ppii18
other such use and from any fueling station.
16
Section 39. That Section 4.16(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 40. That Section 4.16(B)(2)(c)3. of the Land Use Code is hereby
amended to read as follows:
3. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 41. That Section 4.17(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 42. That Section 4.18(A) of the Land Use Code is hereby amended to
read as follows:
. (A) Purpose. The Commercial - North College District is intended for high
traffic commercial corridors where a range of uses is encouraged to create
a transition from commercial operations on a highway, Major arterial
street or rail spur, to less intensive use areas or residential neighborhoods.
This designation is only for areas identified for its application in the North
College Corridor Plan.
Section 43. That Section 4.18(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 44. That Section 4.18(13)(2)(c)36. of the Land Use Code is hereby
amended to read as follows:
36. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
•
17
Section 45. That Section 4.19(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Fast food restaurants (without drive-in or
drive-through facilities).
Section 46. That Section 4.19(13)(2)(c)4. of the Land Use Code is hereby
amended to read as follows:
4. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 47. That Section 4.19(B)(2)(c)8. of the Land Use Code is hereby
amended to read as follows:
8. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (1/4 mile)
from any
other such use and from any fueling station.
Section 48. That Section 4.20(B)(1)(c)12. of the Land Use Code is hereby
amended to read as follows:
12. Fast food restaurants (without drive-in or
drive-through facilities).
Section49. That Section 4.21(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 5. which reads in its entirety as follows:
5. Open air farmers market in neighborhood,
community and regional shopping centers
only.
Section 50. That Section 4.21(13)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 3. which reads in its entirety as follows:
3. Places of worship or assembly.
Section 51. That Section 4.21(D)(2)(g) of the Land Use Code is hereby
amended to read as follows:
(g) Residential uses (except mixed use dwellings when
the residential units are stacked above a primary use
which occupies the ground floor).
18
• Section 52. That Section 4.21(D)(2) of the Land Use Code is hereby amended
by the addition of a new subparagraph (o)which reads in its entirety as follows:
(o) Places of worship or assembly.
Section 53. That Section 4.21(D)(6) of the Land Use Code are hereby amended
to read as follows:
(6) Access to a park, central feature or gathering place.
Within any development proposal that contains a
residential component !a;gar than ten (IQ, ^^;os at; siog at
least ninety (90) percent of the dwellings shall be located
within one thousand three hundred twenty (1,320) feet
(one-quarter ['/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:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks meeting the following
criteria:
1. Size. Suck p;i-aw--garJ s rust be a
feet In development projects greater than
two (2) acres in gross area, such private
parks must be a minimum of ten thousand
(10,000) square feet. In development
projects with a gross area of two (2) acres or
less, such private parks must be a minimum
of six (6)percent of the gross site area.
2. Location. Such parks must be highly
visible, secure settings formed by the street
layout and pattern of lots and easily
observed from streets. Rear facades and rear
yards of dwellings shall not abut more than
two (2) sides or more than fifty (50) percent
of the perimeter frontage of the park.
•
19
3. Accessibility. All parts of such parks shall
be safely and easily accessible by
pedestrians, and open to the public.
4. Facilities. Such parks shall consist of
multiple-use turf areas, walking paths,
plazas, pavilions, picnic tables, benches or
other features for various age groups to
utilize.
5. Ownership and Maintenance. Such parks
may, in the discretion of the city, be
acquired by the city (through dedication or
purchase), or be privately owned and
maintained by the developer or property
owners' association.
6. Storm Drainage. When integrating storm
drainage and detention functions to satisfy
this requirement, the design of such facilities
shall not result in slopes or gradients that
conflict with other recreational and civic
purposes of the park.
(c) Community facilities or neighborhood
support/recreation facilities (which are permitted as
an accessory use to housing). TO ^^e (14 ^f th-so
buildkiss used to oe* rho
«ram of this „l.reG%iQ1; then it Must 21QQ
sparc ..f at War,%m.. thousand (In nnn\ s s For i
. Q ..Lin sitting
If such facility is
smaller than the required minimum size for
privately owned parks as required in subparagraph
(b) above, then the facility shall be physically
integrated with such park space as needed to meet
the required minimum size.
20
• Section 54. That Section 4.21(D)(7) of the Land Use Code is hereby deleted in
its entirety:
p;GPOr21 Sh211 he ln....tQd .lift,:., th.es tt,..,.G.,.,.i
hw4d;sd Sixty (3 96Q) fact (three ,...ts. f34l mils) of Oahe~
:..hh..rh,....i e..ter P nau to the e..tr of
Di;'isiga n 4m)(3)(G) that is lgQawd with:a the . e,.t
.labia, adjaa..t As..el....m s..tor. an is4as .. ..1a...aA
..hiGh dirt.nGo 4211 he mcasu;cd .,long street 4giU .,s
Section 55. That Section 4.22(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 7. which reads in its entirety as follows:
7. Places of worship or assembly.
Section 56. That Section 4.22(13)(3)(c)1. of the Land Use Code is hereby
amended to read as follows:
1. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 57. That Section 4.22(D)(2) of the Land Use Code is hereby amended
by the addition of a new subparagraph(w)which reads in its entirety as follows:
(w) Places of worship or assembly.
Section 58. That Section 4.22(D)(7) of the Land Use Code is hereby amended
to read as follows:
(7) Access to a park, central feature or gathering place.
Within any development proposal that contains a
residential component la;gsr than tea 11 m .arcs in size at
least ninety (90) percent of the dwellings of a residential
development proposal shall be located within one thousand
three hundred twenty (1,320) feet (one-quarter ['/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
21
gathering places shall contain one (1) or more of the
following uses:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks meeting the following to the
criteria:
1. Size. SuGh ats .,.vim ,Q. bo
focUln development projects greater than
two (2) acres in gross area, such private
parks must be a minimum of ten thousand
(10,000) square feet. In development
projects with a gross area of two (2) acres or
less, such private parks must be a minimum
of six (6)percent of the gross site area.
2. Location. Such parks must be highly
visible, secure settings formed by the street
layout and pattern of lots and easily
observed from streets. Rear facades and rear
yards of dwellings shall not abut more than
two (2) sides or more than fifty (50) percent
of the perimeter frontage of the park.
3. Accessibility. All parts of such parks shall
be safely and easily accessible by
pedestrians, and open to the public.
4. Facilities. Such parks shall consist of
multiple-use turf areas, walking paths,
plazas, pavilions, picnic tables, benches or
other features for various age groups to
utilize.
5. Ownership and Maintenance. Such parks
may, in the discretion of the city, be
acquired by the city (through dedication or
purchase), or be privately owned and
maintained by the developer or property
owners' association.
6. Storm Drainage. When integrating storm
drainage and detention functions to satisfy
this requirement, the design of such facilities
22
shall not result in slopes or gradients that
conflict with other recreational and civic
purposes of the park.
(ec) Community facilities or neighborhood
support/recreation facilities (which are permitted as
an accessory use to housing). ra on@ (14 of 4horio
huildij;gr s4«..H,.rocisred 4.. ia;@-t rho
o«ram 99 tbig ..«h9on47..« 4110« :4 .« ,..4 21....
If such facility is
smaller than the required minimum size for
privately owned parks as required in subparagaph
(b) above, then the facility shall be physically
integrated with such park space as needed to meet
the required minimum size.
Section 59. That Section 4.22(D)(8) of the Land Use Code is hereby deleted in
its entirety:
p;opogal shall ho 1.,..a4od ..:4h:« ♦h.00 Qguraad
h„;d;r l s:.443, (3 ohm for (th.00 .ago. r14. .«:lo) r e:4ho.
:„hbg;hogd o«4e. « aa% tg rho
. :4h:« adj a..0«4 .lo..ol..«.«0«4 av cxis%i;;S «la««o.l
Section 60. That Section 4.23(13)(3)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
23
Section 61. That Section 4.23(13)(3)(c)5. of the Land Use Code is hereby
amended to read as follows:
5. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet ('/4 mile)
from any
other such use and from any fueling station.
Section 62. That Section 5.1.1 of the Land Use Code is hereby amended to
read as follows:
5.1.1 General.
For words, terms and phrases used in this Land Use Code that are not defined in
Section 5.1.2, below, or elsewhere in this Land Use Code, the Director shall have
the authority and power to interpret or define such words, terms and phrases. In
making such interpretations or definitions, the Director may consult secondary
sources related to the planning and legal professions, such as Black's Law
Dictionary (West Publishing Company, St. Paul, Minn., most current edition), A
Survey of Zoning Definitions - Planning Advisory Service Report Number 421,
edited by Tracy Burrows, (American Planning Association. Chicago, Ill. 1989)
and The New Illustrated Book of Development Definitions, by Harvey S.
Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers
University. N.J. '�'�e=1997, or most current edition), for technical words,
terms and phrases, or Webster's Third New International Dictionary (Unabridged)
(Merriam-Webster, Inc., Springfield. Mass. 1986), as supplemented, for other
words, terms and phrases.
Section 63. That the definition of"Adult-orientated use" in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Adult-oriented use shall mean a use of property where the principal use, or a
significant or substantial adjunct to another use of the property, is the sale, rental,
or display of adult material, or ot4wis an offering of live entertainment, dancing
or material which is distinguished or characterized by its emphasis on depicting,
exhibiting, describing or relating to "specified sexual activities" or "specified
anatomical areas" as the primary attraction to the premises, including, but not
limited to:
(1) Adult bookstore, adult novelty store or ^r�� adult retail store:
any establishment xhiGh p4tagipally I- o^'°that has adult
material as a significant or substantial portion of its stock-in-trade,
or derives a significant or substantial portion of its revenues from
such material, or devotes a significant or substantial portion of its
interior business or interior advertising to such material, or
24
maintains a substantial or significant portion of its gross floor area
or display space for the sale or rental, for any form of
consideration, adultof such material including, but not limited to,
books, magazines, newspapers, movie films, slides or other
photographic or written material, video tapes, video disks,
computer software and/or other items or devices. For the purpose
of this subparagraph (1), "significant or substantial" shall mean
more than twenty(20)percent;
(2) Adult cabaret, restaurant or place of business: a cabaret,
restaurant or place of business which features waitresses, waiters,
dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers attired in such manner as to
display "specified anatomical areas."
(3) Adult hotel or motel: any hotel or motel in which the presentation
of adult material is the primary or principal attraction;
(4) Adult mini-motion picture theater: any fully e theater or
establishment with a capacity of less than fifty (50) persons in
which the presentation of adult material is the primary or principal
attraction;
. (5) Adult motion picture theater: any fully e Ales theater or
establishment with a capacity of fifty (50) or more persons in
which the presentation of adult material is the primary principal
attraction;
(.76) Adult photo studio: any establishment which, upon payment of a
fee, provides photographic equipment and/or models for the
purpose of photographing, sketching, drawing, painting or
sculpturing "specified anatomical areas.", but shall not include a
private school licensed by the State of Colorado or a college,junior
college or university supported entirely or in part by public funds
or a private college or university that 'maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or in part by public
funds.
(97) Other adult amusement or entertainment: any other amusement,
entertainment or business which is distinguished or characterized
by an emphasis on acts or adult material depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas."
25
Section 64. That the definition of"Adult material' in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Adult material shall mean any material including, but not limited to, books,
magazines, newspapers, movie films, slides or other photographic or written
materials, video tapes, video disks, computer software and/or other items or
devices which are distinguished or characterized by their emphasis on depicting,
describing or relating to "specified anatomical areas" or "specified sexual
activities."
Section 65. That the definition of "Child care center" in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Child care center shall mean a facility, by whatever name known, which is
maintained for the whole or part of a day for the care of seven (7) or more
children under the age of sixteen (16) years who are not related to the owner,
operator or manager, whether such facility is operated with or without
compensation for such care and with or without stated educational purposes,
except that a child care center shall not include any of the following three (3)
types of family care homes as defined by the State of Colorado: family child care
home, infant/toddler home, or experienced family child care provider home.. The
term includes, but is not limited to, facilities commonly known as day-care
centers, day nurseries, nursery schools, preschools, play groups, day camps,
summer camps, large child care homes as defined by the State of Colorado,
centers for mentally retarded children and those facilities which give twenty-four-
hour per day care for dependent and neglected children, but sporifirally exQludcr
Child care centers are also those
facilities for children under the age of six (6) years with stated educational
purposes which are operated in conjunction with a public, private or parochial
college or a private or parochial school, except that the term shall not apply to a
kindergarten maintained in connection with a public, private or parochial
elementary school system of at least six (6) grades.
Section 66. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Dormitory" which reads in its entirety as follows:
Dormitory shall mean a building used as group living quarters for students or
religious adherents as an accessory use for a bona fide college, university,
boarding school, seminary, convent, monastery, or other similar institutional use.
Section 67. That subsection (1) in the definition of "Family-care home" in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
(1) Day-care home shall mean a facility ^ vidi;ig ^ and 4;a ni^^
f; 2 ..h:l.i or. ..hild;Qn PQ% wlatad W dw .ot.,L@;R f. ... = thy..
26
. iRGIuding-huenty fear h9ar care A:full da), shall (;Z)
or-�rslicensed by the State of Colorado that provides on a
regular basis in a place of residence, less than twenty-four (24)
hour care for two (2) or more children from different family
households who are not related to the caregiver. Such a facility
may be any of the following three (3) types of family care homes
as defined by the State of Colorado: family child care home,
infant/toddler home, or experienced family child care provider
home.
Section 68. That the definition of"Large retail establishment' in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Large retail establishment shall mean a retail establishment, or any combination
of retail establishments in a single building or in separate but abutting buildings,
or a movie theater or an indoor recreational use, occupying more than twenty-five
thousand (25,000) gross square feet of floor are
Section 69. That the definition of "Limits of development' in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Limits of development shall mean the areas described and established pursuant to
Section 3.4.1�C4(N).
Section 70. That the definition of"Lot line,front' in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Lot line, front shall mean the property line dividing a lot from a street. On a
corner lot only one (1) street line shall be considered as a front line, and the
Qhoigo; stroW &Q;Aagestreet to which the primary entrance of the principal
building faces or to which the building is addressed, shall be considered the front
line.
Section 71. That the definition of"Marginal-access street' in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Marginal-access street shall mean a local street which is parallel to and adjacent
to expressways or uiajer-arterials and which provides access to abutting properties
and protection from through traffic.
Section 72. That the definition of "Neighborhood service center" in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Neighborhood service center shall mean a shopping and service center,
• approximately fifteen (15) acres in size, designed to meet consumer demands
27
from an adjacent neighborhood. The primary functional offering is usually a
supermarket with an approximately equivalent amount of associated mixed retail
and service-oriented gross square footage. Other functional offerings may include
employment uses, such as offices and/or commercial development traditionally
located along aiajer-arterial streets.
Section 73. That Section 5.1.2 of the Land Use Code is hereby amended by
the addition of a new definition"Parking structure" which reads as follows:
Parking structure shall mean a building or structure consisting of more than one
(1) level and principally used to park motor vehicles.
Section 74. That subparagraph (3) in the definition of"Sign" in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
(3) works of Apo art which in no way identify the name of a pwductec
business and which in the judgement of a reasonably prudent
person are not displayed in conjunction with a commercial
enterprise for the purpose, or with the effect, of advertising a
product or service offered by a business located on the property
where such work of art is displayed ^hkh e^.o.p4&e , uo^o
Introduced and considered favorably on first reading and ordered published this
21 st day of May, A.D. 2002, and to be presented for final passage on the 4th day of June,
A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of June, A.D. 2002.
Mayor
ATTEST:
City Clerk
28
0
Land Use Corte Revisions
Annotated Ordinance Index
Ord.Section# Code Cite Revision Effect Issue
I 2.10.2(I I)(1) Clarify that an"undue hardship"can apply to an occupant 510 Clarify 2.10(11)(1)-variances by 7-HA-by adding:
or prospective occupant in addition tojust the owner of "occupant,or prospective occupant of such property"
in w the clause"...undue hardship upon the owner._"
2 2.12.2 Refine provisions regarding Petitions for Annexations. 536 Amend 2.12.2-Petitions for Annexations-to strike
the word"expeditiously,"and replace"Director'with
"City Clerk."
3 3.2.2(K) Clarify the title ofsee9on 322(K) 511 Amend 3.2.2(K)(I)&(2)-parking requirements-by
adding"offstreet"in front of"parking'for clarity.
4 3.2.2(K)(I)(a) Clas ify the intent of the parking standards. 509 Amend the parking ordinance so that detached garage
buildings in multi-family projects do not count towards
meeting minimum parking requirements if the tenants
at charged extra for the use of lite garage.
5 3.2.3(1))(II Clarify shading provisions. 542 Clarify 32.3(D)(1)-Shading-Im delete the clause
"within the site or" since it would be impossible for
new sit Octanes not to cast a shadow onto structures
within the project site. Adjacent property needs
protection,not the developer's property.
6 3.32(C) Reduce the bonding requirements fin construction and 531 Amend 3.3.2(C)-Development lnnpmvements-to
maintenance of public streets for officially designated reduce the bonding requirements for construction and
Affordable Housing projects. maintenance of public streets for officially designated
Affordable Housing projects.
7 3.3.2(F)(D Clarify a developer's obligation with respect to existing 532 Amend 3.3.2(F)-Off-Site Public Access
Public alleys Improvements-to clarify a developer's obligation with
respect to existing public alleys.
8 35.1(q(4) Clarify Code requirements regarding seasonal inventory. 535 Clarify 3.5.1(1)(4)to distinguish between screening
requirements for permanent outside surtage/sales and
temporary outside storage/sales.
9 35.3(1) Add new sub-paragraph. 535 Clarify 35.1(1)(4)to distinguish hetween screening
requirements for permanent outside storage/sales and
temporary outside storage/sales.
10 333B _ - 514
- I
( )(_) ('hart"e'nnnor arsenal' to nvn-lane arsenal' for �14 Delete rekrtnces to niuun arterial' and replace with
consistency wish LCHASS. "Iwo-lane arterial"for consistency with LCIIASS_
Wednesday,May 01,2002 - - 1'ugc I u1'7
Ord.Section# Code Cite Revision Effect Issue
I I 3.5.3(B)(2)(d) Clarify reference to arterial street. 514 Delete references to"minor arterial"and replace with
"Iwo-lane arterial"for consistency with LCUASS.
12 3.5.3(1)) Restrict some drive-through facilities to 1 lane. 534 Consider adding a provision to 3.5.3 that would restrict
drive-through facilities for retail stores(not banks or
restaurants)to one lane only.
12 3.5.3(D)(7) Revise the Code to limit excessive exterior lighting. 530 Amend 3.5.3(D)-Building Standards-to mitigate
excessive neon lighting,excessive fiber optic L.E.D.
lighting, and use of internally illuminated translucent
materials on c-stores and Ilrel canopies.
13 3.5.4(3)(a) Revise code language to require that all entrances shall be 502 Clarify 3.5.4(C)(3)(a)-Big Box Stds.so that multiple
architecturally prominent and clearly visible from the entrances and distributed parking work together in a
abutting public street. more pragmatic and functional manner.
14 3.54(C)(3)(b) Exempt Supermarkets from the"Big Box"parking 513 Consider removing the supcnnarket exemption from
distribution requirements. the Big Box Standards and Guidelines so such storms
would have to comply.
15 3.5.5(d)(3)(a) Clarify languuage. 514 Delete references to"minor arterial"and replace with
"two-lane arterial"for consistency with LCUASS.
16 3.6,1(C) Add a new section to the Code that explicitly requires 506 Amend 3.6.1 to strengthen the Code regarding
compliance with adopted Access Control Plans. enforeability of Council-adopted Access Control Plans.
17 3.6.2(1-)(2)(a) dd the restriction that private emergency access drives 539 Amend 3 6.2(L)(2)(a) Design Requnemems for
cannot exceed 660 feet in length. Private Drives-to add the restriction that private
emergency access drives cannot exceed 660 feel in
length. Nov,the length is unlimited.
18 3.6.3(C) Delete reference To access control plans. 506 Amend}6A to strengthen the Code regarding
enter cabi lily of CormCI l-adopted Access Control Plans.
19 3.6.6(C) Clarify language. 514 Delete references to"minor at erial"and replace with
"two-lane in for consistency with LCUASS.
20 3.8.2(B) Revise LUC provision relining to "day-care homes" to he 527 Amend the regulations and definitions pertaining to
consistent with State regulations day care homes in order In be consistent with recently
enacted State regulations.
21 3.8A I(C) Include musing fence placement standards. 512 Amend 3.8L 1(C)-fences and walls-by adding a
- lequireolrnt that fences be setback a niourount of 3'
GOnr an alley to Ietlecl adopted sit eel standards_
22 3.8.12 Revise the su rlememal re_ulalions relating m adult 528 Amend 5.1.2-Defininmrs-toclarifysomeoflhe
oriented uses. "Adult-Orienled'dcfiniouns.
%NY _sd:ry,Ma)01,2002
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Ord.Section# Code Cite Revision Affect Issue
23 4,1(F)(2)(c) Revise the Code to use gross density as the measure for 522 Correct 4.1(E)(2)c-Urban Estate Cluster
Urban Estate Cluster development. Development-by changing the word"net"to"gross"
to accurately describe that the overall average density
cannot exceed 2 d.u./a based on the entire land area
including the open space.
24 4.4(13)(2)(b) Clarify measurement of non-residential use area along 543 Add"Enclosed Mini-Storage Facilities"to the list of
Vine Drive. permitted uses along Fast Vine Drive in L-M-N and
add that measuring the Fast Vine area can also oecur
lions the railroad properly,notjust the street.
25 4.4(B)(3)(c) Add"Enclosed Mini-Storage Facilities"to the list of 543 Add"Enclosed Mini-Storage Facilities"to the list of
Perrot(led uses:long Fast Vine Drive in I:M-N pemitted uses along East Vine Drive in I:M-N and
a,ld Ihat iticasul'nlg Isle I.asl Vilie area call alsn occur
Joint the railroad property,notjust the street.
25 4.4(n)(3)(c) Clarify separation requirements for fuel facilities and not 518 In the C-C,C-C-N,N-C and I zones,clarify that the
retail stores 3/4 mile separation is between fuel facilities and not
retail stores.
26 4 q.(D)(3)(c) Clarity separation requirements for fuel facilities and not 518 In the GC,C-C-N,N-C and I zones,clarify that the
retail stores 3/4 mile separation is between fuel facilities and not
retail stores.
27 4.4(1))(5) Revise design standards for non-residential use area along 543 Add Inclosed Mini-Storage Facilities"to the list of
Vine Drive permitted uses along Last Vine Drive in L-M-N and
add that measuring the East Vine area can also occur
(rum the railroad property,not just the street.
28 49(B)(2) Refine code provisions regarding re-zoning requests in the 538 Amend 4.9(B)(2)-Transition Zone-to change the
T Transition zone. scheduling of the P&Z's next regular meeting fi'om at
least 15-days to 30-days to allow more time for review
and staff report.
29 4.12(13)(2) Add Places of Worship or assemply as a permitted use in 529 Consider adding"Places of Worship"as a Secondary
the Downtown Civic Center district. permitted Use in the I I-C and L zones and as a
Principal Use in the Downtown Zone-Civic Center
sub district.
30 4.12(B)(1) Clarify description of grocery store. 524 Amend the Permitted Uses list in all applicable zones
and the An.5 definition to add the qualifier"Between
5,000 and 25,000 Square Feet"al the"Grocery Store"
pelmilted use for clarity.
30 4.12(13 u l) ('laxity chive thnmgh use language. 523 Amend the Penmitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Food"pelmilted use Jul clarity
Wednesday,May 01,200? _ _ Page 3 of 7
Ord.Section# Code Cite Revision Effect Issue
31 4.13(13)(2)(C) Clarify drive through use language. 523 Amend the Pennitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Food"permitted use for clarity.
32 4f 3(B)(2)(C) Clarify description of grocery store. 524 Amend the Permitted Uses list in all applicable zones
and the Art.5 definition to add the qualifier"Between
5,000 and 25,000 Square Feet"to the"Grocery Store"
permitted use for clarity.
33 4.14.(B)(2)(c) Clarify drive through use language. 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Food"permitted use for clarity.
34 4 14(B)(2)(c) Clarify drive through use language 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier "No Drive-in or Drive-through
Facilities"to the"Fast Form"permitted use for clarity.
35 4.14(Bx3)(c) Clarify separation requirements for fuel facilities and not 518 In the C-C,C-C-N,N-C and I zones,clarify that the
remit stores 3/4 mile separation is between fuel facilities and not
retail stares.
36 4.15(I1)(2)(c)(2) Clarify drive through use language 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Food"permitted use for clarity.
37 4.1 Slit x2)(c)(3) Clarify description of grocery store. 524 Amend the Permitled Uses list in all applicable zones
and the Art.5 definition to add the qualifier"Between
5,000 and 25,000 Square Feet"to the"Grocery Store"
permitted use for clarity.
38 4.15(B)(3)(c) Clarify separation requirerrmenls for fuel facilities and not 518 In the C-C,GC-N,N-C and I zones,clarify that the
retail stores 3/4 mile separation is between fuel facilities and not
retail stores.
39 4F 6(B)(2)(c) Clarify drive through use language 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Fund"permitted use for clarity.
40 416(11)(2)(c) Clarify description of grocery store_ 524 Amend the Per milled Uses list in all applicable zones
and the Art.5 definition to add the qualifier"Between
5,000 and 25,000 Square Feet"to the"Grocery Store"
permitted use for clarity.
41 4.17(B)(2)(c) Clarify drive through use bmfuage 523 Amend the Permitled Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through -
Facilities"to the"last Food"pennoted use for clarity.
\V,..incsdayl May 01,2002 _ . . _ . ... _ - ._. .,
Page
Ord.Section# Code Cite Revision Effect Issue
42 4.18(A) Clarify languuage. 514 Delete references to"minor arterial"and replace with
"two-lane arterial"for consistency with LCUASS.
43 4.18(11)(2)(c) Clarify drive through use language 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Food"permitted use for clarity.
44 4.18(13)(2)(c) Clarify description of grocery store. 524 Amend the Perini tied Uses list in all applicable zones
and the Art.5 definition to add the qualifier"Between
5,000 and 25,000 Square Feel"in the"Grocery Store"
permitted use for clarity.
45 4.19(B)(2)(c) Clarify drive through use language 523 Amend the Permitted Uses list in all applicable zones
lu add Ilene qualifier"No Drive-in or Drive-Ihnxtgh
Far lilies"hen the"Fast Food'permitted use fur clarity.
46 4.19(11)(2)(c) Clarify description of grocery store. 524 Amend the Permuted Uses list in all applicable zones
and the An.5 definition to add the qualifier"Between
5,000 and 25,000 Square Feet"to the"Grocery Store" -
permitted use for clarity.
47 4.19(B)(2)(c) Clarity separation requirements for fuel facilities and not 518 In the C-C,C-C-N,N-C and I zones,clarify that the
retail stores 3.r4 mile separation is between fuel facilities and not
retail stores.
48 4.20(B)(2)(e) Clarify drive through use language 523 Amend the Permitted Uses list in all applicable zones
in add the qualifier"No Drive-in or Drive-through
Facilities"to the"Fast Food'pelmilled use for clarity.
49 4.21(11)(2)(C) Add"Open-Air Farmers Market"as a permitted use in the 521 Anmend 4.21(B)(3),;by adding"Open-Air Farmers
H-C Zone. Market"as a permitted use in the three I larnmony
Corridor Shopping Centers.
50 4.21(11)(3)(b) Add"Places of Worship"as a permitted use. 529 Consider adding"Places of Worship"as a Secondary
Permitted Use in the II-C and F zones and as a
Principal Use in the Downtown Zone-Civic Center
sub district.
51 421(1))(2)(g) Exempt mixed use dwellings from secondary use 520 Amend 421(D)(2)(g)-Harmony Corridor-to move
imilation5 "mixed-use dwelling unit'from a secondary use to a
primary use.
52 4.21(1))(2) Add"Places of Worship"as a permitted use. 529 Consider adding"Places of Worship"as a Secondary
Pcrnitted Use in the H-C and L zones and as a
Principal Use in the Downtown Zone-Civic Center
sub disnict.
Wednesday,May 01,2002 - - Page 5 of 7
Ord.Section# Code Cite Revision Effect Issue
53 4.21(D) Amend"gathering place"size requirements in the 11-C 540 Amend the H-C and E zones,for residential projects,
zone. so that the"access to park,central feature or gathering
space"is it by the M-M-N standard of 2 acres,
not L-M-N standard of 10 acres.
53 4.21(D)(2) Exempt mixed use dwellings from secondary use 520 Amend 4.2 1(D)(2)(g)-I larmony Corridor-to move
limitations "nnxed-use dwelling unit"from a secondary use to a
primary use.
54 4.21(D)(7) Delete the"access to a neighborhood center"requirement 541 Amend the H-C and E zones,for residential projects,to
from the HC zone. delete the standard that the"90%of all units must be
within 3/4 mile of a neighborhood center."
55 4.22(13)(3)(b) Add"Places of Worship"as a permitted use. 529 Consider adding"Places of Worship"as a Secondary
Permitted Use in the H-C and F zones and as a
Principal Use in the Downtown Zone-Civic Center
sub district.
56 4.22(1))(2) Clarify drive through,use language 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier"No Drive-in or Drive-through
Facilities'to the"Fast Food"per use for charity.
57 4.22(1))(2) Add"Places of Worship'as a permitted use. 529 Consider adding"Places of Worship'as a Secondary
Permitted Use in the 11-C and P.zones and as a
Principal Use in the Downtown Zone-Civic Center
sub district-
58 4.22(D)(7) Amend"gathering place"size requirements in the E-zone. 540 Amend the H-C and E zones,for residential projects,
so that the"access to park,central feature or gathering
space'is triggered by the M-M-N standard of 2 acres,
not 1:M-N standard of 10 acres.
59 4.22(1))(9) Delete the"access to a neighborhood center"requirement 541 Amend the I-I-C and E zones,for residential projects,to
from the E zone. delete the standard that the"90%ofall units must be
within 3/4 mde ofa ileigilborhmul ceiilci,"
60 4.23(13)(3)(c) Clarify drive)hrou-,h use language 523 Amend the Permitted Uses list in all applicable zones
to add the qualifier"No Drive-in or 1),ive-Through
Facilities"to the"Fast Food"per use for clarity.
(11 4,23 f)(3)(c) Clarify separation requirements for fuel facilities and not 518 In the C-C,C-C-N,N-C and I zones,clarify that the
retail stores _ 3/4 mile separation is between fuel facilities and not
I elaiI stores.
0' 51A Update rdeiences to secondary sources 526 Amend 5.1.1 -Detiniiims-Io update the reference to
one of'mhe secondary sources(Moskowitz)flat may be
used in the absence of a definition in Art.5_
\V,^•,csday,May 01,2002
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Ord.Section# Code Cite Revision Effect Issue
63 5A.2 Amend the derfinition of"adult-oriented use". 528 .Amend 5.1.2-Definitions-to clarify some of the
"Adult-Oriented"definitions.
64 5.1.2 Amend the derfinition of"adult material". 528 Amend 5.1 2-Definitions-to clarify some ofthe
"Adult-Oriented"definitions.
65 5.1.2 Revise the definition of"child-care center"to he 527 Amend the regulations and definitions pertaining to
consistent with Stale regulations day care homes in order to be consistent with recently
enacted State regulations.
66 5A.2 Add a definition for"Dormitory." 516 Add a definition for"Dormitory."
67 5A,2 Revise the definition of"day-care home"to be consistent 527 Amend the regulations and definitions pertaining in
with Stale regulations, day care homes in order to be consistent Willi recently
enacted State regulations.
68 5A.2 Revise the definition of"Large Retail Establishment"to 513 Consider removing the supermarket exemption from
remove the existing exemption for supermarkets. the Big Box Standards and Guidelines so such stores
would have to comply.
69 5.1.2 Correct a cross reference in the definition of"I_imits of 525 Correct the reference in the definition of"Limits of -
Development". Development"from 3.4.l(C)to 3.4.l(N).
70 5.1.2 Amend the definition of"Loi line,front." 533 Amend 5A.2-Definilinons-to clarify the"Front Lot
Line"on a corner lot.
71 5.1.2 Amend the definition of"Marginal Access Street." 514 Delete references to"minor arterial"and replace With
"two-lane arterial"for consistency with LCUASS.
72 5.1.2 Amend the definition of"Neighborhood Service Center." 514 Delete references to"minor arterial"and replace with
"two-lane arterial"for consistency with I CUASS.
73 5.12 Add a definition for"parking structure". 509 Amend the parking ordinance so that detached garage
buildings in multi-family projects do not count Inwards
meeting minimum parking requirements if the tenants
arc charged extra for the use of the garage.
74 5.3.2 Revise the definition of"Signs"to clarify when a work of 508 Define"Work of Art"in order to clarity the intent of
art is exempted from being classified as a sign. the Sign Code.
Wednesday,May 01,2002 _ _ Page 7 of 7
Land Use Code Maintenance Process
Annotated Issue List
502 Clarify 3.5.4(C)(3)(a)-Big Box Stds.so that multiple entrances and distributed parking work
together in a more pragmatic and functional manner.
Problem Statement
Two key requirements in the big box standards and guidelines are:
*No more than 50%of the parking lot shall be located between the front faFade and the
abutting street.
*All sides that directly face an abutting public street shall feature at least one customer
entrance.
These two standards are intended to work together in order to reduce the"sea of asphalt"
phenomenon of large parking lots and to mitigate the mass of the structure to a pedestrian-
friendly scale. In two recent examples,however, there is clearly one prominent entrance
while the other entrance has been minimized so as to be obviously subordinate. The
problem with such a subordinate entrance is that its location is not as readily visible to the
customer. This results in over-utilization of the front parking area and under-utilization
of the side parking area.
The parking distribution standard is clear and the key issue is more of a site planning
issue. The multiple entrance standard should be enhanced to clearly convey the design
intent.
Proposed Solution Overview
Revise the Code to require that all entrances shall be architecturally prominent and
clearly visible from the abutting public street.
Related Code Revisions
Ord Section Code Cite Revision E!&ci
13 3.5.4(3)(a) Revise code language to require that all entrances shall be
architecturally prominent and clearly visible from the
abutting public street.
506 Amend 3.6.1 to strengthen the Code regarding enforcability of Council-adopted Access
Control Plans.
Problem Statement
The City of Fort Collins has adopted several access control plans with Colorado
Department of Transportation(CDOT) and Larimer County on State Highways located
within the City.(US-287/College Avenue, SH-14Mlulberry/Riverside/Jefferson, and SH-
63/E.Harmony Rd.). The current Land Use Code is incomplete in regards to language
that specifies the use and enforceability of these plans as planning and regulatory tools.
The proposal is to add a section that directs development applications that lie within Fort
Collins along State highways to conform to the appropriate Access Control Plan. In
conjunction with this text change, Staff will also identify Access Control Plan Corridors
on the City's Master Street Plan. When adopted, this should provide the City a solid
policy basis for enforcement of Access Control Plans.
Wednesday,May 01,2002 Page I of Is
Proposed Solution Overview
Add a new section to the Code that explicitly requires compliance with adopted Access
Control Plans.
Related Code Revisions
Ord.Section Code Cite Revision Effect
16 3.6.1(C) Add a new section to the Code that explicitly requires
compliance with adopted Access Control Plans.
13 3.6.3(C) Delete reference to access control plans.
508 Define "Work of Art"in order to clarify the intent of the Sign Code.
Problem Statement
Section 5.1.2 (definitions)of the Land Use Code contains the definition of"Sign". The
definition of"Sign"not only explains what constitutes a sign,but also explains what
doesn't constitute a sign. Specifically, the definition exempts 13 types of advertising
devices that are not considered to be signs. One such"non-sign"is a work of art
`...which in no way identifies a product or business and which is not displayed in
conjunction with a commercial enterprise, which enterprise may benefit or realize direct
commercial gain from such display."
This language is vague, and can lead to differences of opinion as to when something is an
exempted work of art or when it is a regulated sign. A couple of examples might help to
illustrate the problem:
1) A mountain scene is painted on the side of a sporting goods store. Since the
mountain scene alone does not identify the business or conjure up images of a sporting
. goods store,the wall mural would not be a sign. However, the artist later adds figures of
skiers onto the mountains. Now it becomes unclear as to whether the wall mural is a sign
because the painting now contains skis,and the store happens to sell skis.
2) A mural depicting blue sky and some clouds is painted on the side of a pet store.
This "sky scene"would not be considered a sign. However, the artist later adds figures of
birds in flight to the scene. Since the pet store sells birds, is the mural now a sign?
Proposed Solution Overview
Revise the Code to clarify when a work of art is exempted from being classified as a sign.
Related Code Revisions
Ord.Section Code Cite Revision Effect
74 5.1.2 Revise the definition of"Signs"to clarify when a work of art
is exempted from being classified as a sign.
509 Amend the parking ordinance so that detached garage buildings in multi-family projects do
not count towards meeting minimum parking requirements if the tenants are charged extra for
the use of the garage.
Problem Statement
Section 3.2.2(K)(1)(a)of the LUC sets forth the minimum off-street parking requirements
for multi-family dwelling units. The number required is based on the number of
bedrooms per dwelling unit. For instance, 1.75 parking spaces are required for every 2
bedroom dwelling unit in the project. Thus, a 100-unit project consisting ot'all 2-
bedroom units would require that a minimum of 175 parking spaces be provided on the
• property. These parking spaces can be open, surface parking spaces or they can be
Wednesday,May 01,2002 Page 2 of 13
enclosed, garage spaces. Since a 2-bedroom unit can accommodate more than 1.75
residents,the number of parking spaces provided is often less than the total number of
driving-age residents. Thus, it is not unusual for some parking to spillover onto the
adjacent streets. In order to minimize the impact to the other property owners along those
streets, it is important that all of the parking spaces that are provided in a multi-family
development are usable parking spaces.
Numerous multi-family projects have been approved and constructed with a combination
of open and enclosed spaces. The total of all these spaces needs to comply with the
minimum number of spaces required. Staff has been receiving many complaints from
neighbors of newer multi-family projects that contain detached garage buildings. They
are complaining that a larger-than-expected amount of spillover parking is occurring, and
they attribute this to the fact that many of the spaces in the garage buildings are not being
used. Investigations that have resulted from these neighbor inquiries have revealed that
it's now common for tenants to have to pay an extra monthly rental charge in order to use
a garage. Or in the case of condominiums, it's not uncommon to find that the purchase
price of a unit is higher if the buyer wants a garage space. These higher costs are
resulting in a garage"vacancy rate"of 30%to 40%,even though the dwelling unit
vacancy rate is closer to 5%. Therefore, the available off-street parking is under-utilized
and the resulting impact on the streets is significant.
Proposed Solution Overview
Developers should not be given credit for providing parking spaces unless the spaces will
be available for normal use. If detached garage buildings are going to be provided in
order to meet minimum parking supply standards, then assurances must be obtained by
the City that such garage spaces will be readily available. In order to accomplish this, the
Code should be changed to require that detached garage buildings would count as off-
street parking only if they are made available to occupants at no additional cost. Would
not apply to downtown parking structures.
Related Code Revisions
Ord.Section Code Cite Revision Elect
4 3.2.2(K)(1)(a) Clarify the intent of the parking standards.
73 5,12 Add a definition for"parking structure".
510 Clarify 2.10(H)(1)-variances by ZBA-by adding: "occupant, or prospective occupant of
such property" to the clause "...undue hardship upon the owner..."
Problem Statement
Section 2.10.2(H)allows the Zoning Board of Appeal to grant variances when the Board
finds that a hardship exists or that the plan submitted promotes the standard equally well
or better than a plan that complies with the standard in question. With regards to a
hardship variance, the Board must find that certain circumstances exist wherein the strict
application of the standard sought to be varied would result in"...exceptional or undue
hardship upon the owner of such property,provided that such difficulties or hardship are
not caused by the act or omission of the applicant...".
This wording requires that the hardship must be imposed on or suffered by the owner.
Often times, the applicant is the tenant of the property or is a prospective buyer. In these
instances, they are usually the ones who would incur the hardship, not the owner of the
property.
Proposed Solution Overview
Since the Code already allows a non-owner to be an applicant, then the Board should be
able to act on a hardship variance request when the applicant, whomever that person
Wednesday,May 0 t,2002 Page 3 of IS
might be, can demonstrate that the strict application of the standard will result in an
• undue hardship. The same should apply to the occupant, whomever that person might be.
Related Code Revisions
Ord.Section Code Cite Revision Effect
1 2.10.2(H)(1) Clarify that an"undue hardship"can apply to an occupant
or prospective occupant in addition to just the owner of
property
511 Amend 3.2.2(K)(1)&(2)-parking requirements-by adding "offstreet"in front of"parking"
for clarity.
Problem Statement
Section 3.2.2 of the LUC sets forth the standards that regulate the access,circulation, and
parking aspects of all developments. The term"off-street parking"is used throughout
this section,and in fact Article 5 (definitions)defines the term"off-street parking or
vehicular use area". Therefore, it is quite clear that the standards in 3.2.2 refer to off-
street parking,not to on-street parking. However, the term"off-street parking" is not
found in Section 3.2.2(K),the section that establishes the minimum number of parking
spaces required or the maximum number allowed. On occasion,staff has had to answer
questions like,"Where does it state that the parking required has to be off-street?"
Proposed Solution Overview
Staff recommends that the title of Section 3.2.2(K)be revised to clarify the intent of the
parking standards.
Related Code Revisions
Ord.Section Code Cite Revision Effect
3 3.2.2(K) Clarify the title of section 3.2.2(K) — — —
512 Amend 3.8.11(C)-fences and walls-by adding a requirement that fences be setback a
minimum of 3' from an alley to reflect adopted street standards.
Problem Statement
The adopted Street Standards contain regulations for fencing in proximity to alleys and
' sidewalks. Specifically, the standards require that fences be at least 3 feet from an alley
and at least 2 feet from a public sidewalk. However,the fence standards in the LUC do
not references these setback restrictions. Therefore, homeowners who rely on the LUC
standards for fence placement sometimes end up placing their fence in violation or the
Street Standards.
Proposed Solution Overview
Staff recommends that the LUC be amended to contain all the information that
homeowners and fence installers need to help ensure proper fence placement.
Related Code Revisions
Ord.Section Code Cite Revision Effect
21 3.8.11(C) Include missing fence placement standards.
513 Consider removing the supermarket exemption from the Big Box Standards and Guidelines so
such stores would have to comply.
Problem Statement
The original Big Box Standards and Guidelines were approved in 1994 in conjunction
Wednesday,May 01,2002 Paoe 4 of 18
with the six-month moratorium on commercial development in the Harmony Corridor. At
that time, the concern over big box retail was a high priority and supermarkets were not
considered to be the problem. Since that time, however, it has become obvious that
"supermarkets"are, in fact,"large retail establishments"and that to mitigate their
impacts, should be brought in under the big box standards.
There are two important design standards that would now be applied to"supermarkets."
These are the standards that require multiple entrances and distributed parking. These
two standards work in concert to mitigate the mass of the structure,break up large
expanses of asphalt, and establish a more compatible relationship to the surrounding
neighborhood. Based on public input and because other equally valid design standards
may be impacted, supermarkets would be exempt from the parking distribution standard.
Proposed Solution Overview
Staff recommends that the definition"Large Retail Establishment" be revised to include
supermarkets,with the provision that Supermarkets be exempt from the parking
distribution requirements.
Related Cade Revisions
Ord.Section Code Cite Revision Effect
14 3.5.4(C)(3)(b) Exempt Supermarkets from the"Big Box"parking
distribution requirements.
68 5.1.2 Revise the definition of"Large Retail Establishment"to
remove the existing exemption for supermarkets.
514 Delete references to "minor arterial"and replace with"two-lane arterial" for consistency with
LCUASS.
Problem Statement
The current language in several locations of the Land Use Code reference the old street
standard classifications titled"major arterial street,""minor arterial street"and the term
"full arterial" The new classifications cited in the"Larimer County Urban Area Street
Standards"are"6-Lane Arterial Street," "4-Lane Arterial Street"and"2-Lane Arterial
Street'respectively. In order to prevent confiision, the old terms need to be removed or
change to the match the new terms.
Proposed Solution Overview
Amend the Land Use Code to delete or replace all references to the old classifications
and, where appropriate, add the new classifications as shown below.
Related Code Revisions
Ord.Section Code Cite Revision Effect
10 3.5.3(B)(2) Change"minor arterial"to"two-lane arterial"for
consistency with LCUASS.
11 3.5.3(B)(2)(d) Clarify reference to arterial street.
15 3.5.5(d)(3)(a) Clarify languuage.
19 3.6.6(C ) Clarify language.
42 4.18(A) Clarify languuage.
71 5.1,2 Amend the definition of"Marginal Access Street."
72 5.1.2 Amend the definition of"Neighborhood Service Center."
516 Add a definition for"Dormitory."
Problem Statement
Wednesday,May 0 t,2002 Page i of I3
The term"dormitory" is not currently defined in the LUC. Usually, that term is used to
describe an accessory use residential building. However, absent a definition, the
distinction between a dormitory and a boarding house(a defined,principal use) is not
always clear.
Proposed Solution Overview
Revise the Code to include a definition for"Dormitory."
Related Code Revisions
Ord.Section Code Cite Revision Effect
66 5.1.2 Add a definition for"Dormitory"
518 In the C-C,C-C-N,N-C and I zones, clarify that the 314 mile separation is between fuel
facilities and not retail stores.
Problem Statement
These Code listings call for separation of Convenience Retail Stores with Fuel Sales
from other Convenience Retail Stores,which is incorrect. The separation is intended to
be from other fuel sales uses. Correct wording can be found in the LMN zone district,
Section 4.4(B)(3)(c).
Proposed Solution Overview
Replace wording using L-NI-N wording.
Related Code Revisions
Ord.Section Code Cite Revision Effect
25 4.4(B)(3)(c) Clarify separation requirements for fuel facilities and not
retail stores
. 26 4.4.(D)(3)(c) Clarify separation requirements for fuel facilities and not
retail stores
35 4.14(B)(3)(c) Clarify separation requirements for fuel facilities and not
retail stores
38 4.15(6)(3)(c) Clarify separation requirements for fuel facilities and not
retail stores
47 4.19(B)(2)(c) Clarify separation requirements for fuel facilities and not
retail stores
61 4.23(B)(3)(c) Clarify separation requirements for fuel facilities and not
retail stores
520 Amend 4.21(D)(2)(g) -Harmony Corridor-to move 'mixed-use dwelling unit" from a
secondary use to a primary use.
Problem Statement
A primary use with upstairs dwelling units could meet a number of goals as well or better
than a primary use without upstairs dwelling units. Because "Residential Uses" are listed
as secondary uses, secondary use limitations would limit, and could prohibit, such an
arrangement. The original intent of limiting residential as secondary use was to reserve
development ground for primary uses. Treating mixed use dwellings as primary uses, as
proposed, is consistent with that intent.
Proposed Solution Overview
Where Section 4.21(D)(2)(g) lists"residential uses"as secondary uses, state that mixed-
use dwellings are an exception.
Relater(Cade Revisions
. Ord. Section Code Cite Revision Elrect
Wednesday,May 01,2002
Page 6 of 18
51 4.21(0)(2)(g) Exempt mixed use dwellings from secondary use limitations
53 4.21(D)(2) Exempt mixed use dwellings from secondary use limitations
521 Amend 4.21(B)(3)c by adding"Open-Air Farmers Market' as a permitted use in the three
Harmony Corridor Shopping Centers.
Problem Statement
A request was made by a private entity to set up an"Open Air Farmers Market' in one of
the designated retail centers in the Harmony Corridor zone. The zone does not permit this
use and the request was denied. Upon further analysis, there does not appear to be strong
reasons to continue to deny this land use. Rather, such a use would add liveliness to a
shopping center and provide efficient dual use of existing large asphalt parking lots. The
addition of the land use would positively contribute to the tenant mix of the center and
fulfill the vision of a"Mixed-Use Activity Center"as defined in the Harmony Corridor
Plan Standard and Guidelines.
Proposed Solution Overview
Staff recommends that the LUC be revised to include "Open Air Farmers Market'as a
land use permitted through administrative review in the H-C Harmony Corridor District.
Related Code Revisions
Ord Section Code Cite Revision Efect
49 4.21(13)(2)(C) Add"Open-Air Farmers Market"as a permitted use in the
H-C Zone.
522 Correct 4.1(E)(2)c -Urban Estate Cluster Development-by changing the word"net' to
"gross"to accurately describe that the overall average density cannot exceed 2 d.u./a based on
the entire land area including the open space.
Problem Statement
Section 4.1(E)(2)(c) - Density in the Urban Estate Zone District—The density language
regarding clustered portions should specify that the overall average density of the
proposed development shall not exceed two units per gross acre rather than the way it
currently reads as net acre. If the net density is used in this figure, and if a cluster is
proposed,then the preserved open space outside the clustered area would be incorrectly
netted out of the density calculation. Therefore,there would be no ability to increase the
density within the clustered area beyond 2.00 units per acre. The intent would be to allow
the clustered area to have up to 5.00 units per acre. This could be accomplished by
replacing the term"net' with the term"gross."
Proposed Solution Overview
Revise the Code to use gross density as the measure for Urban Estate Cluster
development.
Related Code Revisions
Ord. Section Code Cite Revision Effect
23 4.1(E)(2)(c) Revise the Code to use gross density as the measure for
Urban Estate Cluster development.
523 Amend the Permitted Uses list in all applicable zones to add the qualifier "No Drive-in or
Drive-through Facilities" to the"Fast Food"permitted use for clarity.
Problem Statement
The term"fast food restaurant" can be confusing in that it doesn't include drive-through
restaurants. This is only apparent if you think to read the definition of "Restaurant, fast
Wednesday,May 01,2002 Paee 7 of 18
food' in Article 5. A fast food establishment that has a drive-through facility is a separate
use called"drive-in restaurants." This is confusing where "fast food restaurant' is listed
as a permitted use,but not clarified that it does not include drive- through facilities.
Proposed Solution Overview
Add the term("no drive-in or drive-through facilities") to the Fast Food Restaurant
permitted use in the applicable zone districts where this type of restaurant is permitted.
This qualifier term should be placed in parentheses.
Related Code Revisions
Ord, Section Code Cite Revision Effect
30 4.12(B)(2) Clarify drive through use language.
31 4.13(B)(2)(C) Clarify drive through use language.
33 4.14.(B)(2)(c) Clarify drive through use language.
34 4.14(B)(2)(c) Clarify drive through use language
36 4.15(B)(2)(c)(2) Clarify drive through use language
39 4.16(B)(2)(c) Clarify drive through use language
41 4.17(B)(2)(c) Clarify drive through use language
43 4.18(6)(2)(c) Clarify drive through use language
45 4.19(6)(2)(c ) Clarify drive through use language
48 4.20(B)(2)(c) Clarify drive through use language
56 4.22(D)(2) Clarify drive through use language
60 4.23(B)(3)(c) Clarify drive through use language
524 Amend the Permitted Uses list in all applicable zones and the Art. 5 definition to add the
qualifier'Between 5,000 and 25,000 Square Feet' to the "Grocery Store"permitted use for
clarity.
Problem Statement
The difference between"Grocery Stores" versus"Supermarkets"can be confusing to
someone who sees "grocery store"as a permitted use in a zone district. Without knowing
the difference,it is not immediately clear that a grocery store larger than 25,000 square
feet is actually a "supermarket' by definition. The distinction is found only in the
definition of"grocery store" in Article 5.
Proposed Solution Overview
Wherever the permitted use Grocery Store is listed in Article Four, add the term
"between 5,000 and 25,000 square feet" as user-friendly clarification language.
Related Code Revisions
Ord.Section Code Cite Revision Effect
30 4.12(B)(2) Clarify description of grocery store.
32 4.13(B)(2)(C) Clarify description of grocery store.
37 4.15(B)(2)(c)(3) Clarify description of grocery store.
40 4.16(13)(2)(c) Clarity description of grocery store.
44 4.18(9)(2)(c) Clarify description of grocery store.
46 4.19(B)(2)(c) Clarify description of grocery store.
525 Correct the reference in the definition of"Limits of Development' from 3.4.l(C) to 3.4.1(N).
• Problem Statement
Wednesday,May 01,2002
Page 8 or is
The definition of"limits of development," as written in Article 5,refer back to 3.4.1(C),
but this section does not have anything to do with limits of development. The section it
should refer to is section 3.4.1(N).
Proposed Solution Overview
Correct the reference in Section 5.1.2—Definitions
Relater!Cate Revisions
Ord.Section Code Cite Revision Effect
69 5.1.2 Correct a cross reference in the definition of"Limits of
Development".
526 Amend 5.1.1 -Definitions-to update the reference to one of the secondary sources
(Moskowitz)that may be used in the absence of a definition in Art. 5.
Problem Statement
Section 5.1.1 of the LUC lists a number of secondary sources that can be used as
references whenever a specific word is not defined within Section 5.1.2, the definition
section of the LUC. The sources that are specifically named are Black's Law Dictionary,
A Survey of Zoning Definitions—Planning Advisory Service Report Number 421, The
Illustrated Book of Development Definitions, and Webster's Third New International
Dictionary.
We should be using the most recent or updated version of these secondary sources. With
regards to Black's Law Dictionary,the Code adds"most current edition",and with
regards to Webster's Third New International Dictionary, the phrase "as supplemented,
for other words, terms and phrases". Therefore, the most current version is stipulated for
those two sources. However, no such clarifying phrase is provided for The Illustrated
Book of Development Definitions. Therefore, it's not clear whether or not we can use the
1997 updated version of this book entitled The New Illustrated Book of Development
Definitions.
Proposed Solution Overview
In order to clarify that the intent of the code is to allow the use of the most current or
updated version of a secondary source, Section 5.1.1 of the LUC should be amended to
update,revise and clarify references to secondary sources.
Related Code Revisions
Ord.Section Code Cite Revision Effect
62 5.1.1 Update references to secondary sources.
527 Amend the regulations and definitions pertaining to day care homes in order to be consistent
with recently enacted State regulations.
Problem Statement
The LUC categorizes child care facilities into mo classifications. The small, in-home
provider facility is known as a"day-care home",and is considered to be an accessory use
along the lines of a home occupation. The larger,more institutional facility is known as a
"child care center", and is considered to be a principal use. The current definitions and
regulations were modeled after the State regulations about 30 years ago. There are
approximately 300 state-licensed day-care home providers currently operating in the city.
Many of these providers have been operating for quite a long time.
The State has refined their definitions during the last 30 years to better classify the
different types of small. in-home facilities. Specifically,what we simply refer to as a
Wednesday,May 01,2002 Page 9 oC 13
"day-care home", the State now refers to as any one of four types of "family care
homes". The four types are: 1) family child care home,2) infant/toddler home, 3) large
• child care home, and 4) the experienced family child care home. Each of these 4
categories of homes is restricted by age of the children and the number of children
allowed. However,because the City has not kept current with these category changes,
our regulations are now at odds with the State's. It has recently been brought to our
attention that these inconsistencies have inadvertently put many of the providers out of
compliance with City zoning regulations, even though these providers have never
changed the manner in which they have operated.
It has always been the intent of our code to allow the State to regulate and license small in-
home facilities, and that has worked well all these years. The City rarely receives a
neighbor complaint about a day-care home use. In fact,of all the types of neighborhood
complaints, those related to day-care homes are near the bottom of the list.
Proposed Solution Overview
In order to remedy inconsistencies between the City and State regulations,minor
wording changes to the definitions of"day-care home"and"child care center"in Article
5 are needed. Additionally, changes to the day-care home standards in Section 3.8.2 (B)
are necessary. The changes will reflect that the City is proposing to treat 3 of the 4 types
of state-defined"family care homes"as simply"day-care homes". However, the "large
child care home" type will continue to be viewed as a larger, institutional type of facility,
and therefore be classified by the City as a"child care center". Since the`large child
care home"can be licensed for up to 12 children,staff believes that the associated
impacts of traffic and outdoor activity at that level warrant that the use be subject to the
same level of review that applies to larger child care centers in order to ensure _
neighborhood compatibility.
Related Code Revisions
Ord.Section Code Cite Revision Elrect
20 3.8.2(B) Revise LUC provision relating to "day-care homes" to be
consistent with State regulations
65 5.1.2 Revise the definition of"child-care center"to be consistent
with State regulations
67 5.1.2 Revise the definition of"day-care home"to be consistent
with Stale regulations.
528 Amend 5.1.2-Definitions -to clarify some of the "Adult-Oriented" definitions.
Problem Statement
Article 5 of the LUC defines the term"Adult-oriented use", and then within that
definition, 8 additional"adult"terms are defined. Some of the words and phrases in the
definitions, such as"principal use", "significant or substantial", and"principally"could
be construed by some as being vague. To ensure that our adult-use ordinances are not
challenged on the grounds of vagueness, it is necessary to clarify the meaning of the
various terms.
Proposed Solution Overview
Many cities use an actual percentage amount to describe what the acceptable"threshold"
is. This method is preferable to using terms that are unclear as to their meaning. The
following changes to definitions in Section 5.L2 are recommended in order to clarify the
meaning of the various terms, and a new section(E) is recommended to be added to the
adult-oriented use standards in Section 3.8.12 in order to ensure that any existing adult-
oriented uses do not expand beyond their current level of activity if such expansion
would put them in noncompliance with the new definitional standards:
Wednesday,41ay 01,2002 Pave 10 of 18
Related Code Revisions
Ord.Section Code Cite Revision EPect
22 3.8.12 Revise the supplemental regulations relating to adult
oriented uses.
63 5.1.2 Amend the derfinition of"adult-oriented use".
64 5.1.2 Amend the dedinition of"adult material".
529 Consider adding "Places of Worship" as a Secondary Permitted Use in the H-C and E zones
and as a Principal Use in the Downtown Zone -Civic Center sub district.
Problem Statement
"Places of worship or assembly"are categorized as an institutional/civic;public use, and
are permitted in 21 of the 26 zoning districts or subdistricts. The only districts that do not
allow such a use are the POL, RC,HC, E, and the Civic Center subdistrict of the D. Very
few uses of any kind are allowed in the POL and the RC districts, and no use similar to a
place of worship or assembly is allowed in those two zones. However, the HC,E, and
Civic Center subdistricts allow a wide variety of institutional/civic/public uses, including
convention and conference centers,community facilities, and schools. These kinds of
uses are a type of assembly use,and in fact community facilities and schools are often
rented by churches for religious events or weekly church services. Therefore, a"place of
worship or assembly" is already a defacto use in these zones.
Additionally, the Religious Land Use and Institutionalized Persons Act of 2000, a Federal
law,provides that no government shall impose or implement a land use regulation in a
manner that imposes a substantial burden on a religious assembly or institution or in a
manner that treats a religious assembly or institution on less than equal terms with a
nonreligious assembly or institution. Since these zones already allow similar nomeligious
assembly or institution uses,the Federal law would seem to require that the City needs to
also allow religious assembly uses as well. These zones also contain a number of existing
places of worship(i.e. Saint Joseph's Catholic Church,Front Range Baptist Church, etc).
Since they are in zones that do not permit such a use, they are considered to be"existing
limited permitted uses". As such,they are limited in their ability to expand. This
limitation can certainly be considered to"impose a substantial burden".
Proposed Solution Overview
A"place of worship or assembly"is similar to other institution/civic/public uses that are
already allowed in the HC and E zones and in the Civic Center Subdistrict of the D zone,
and since such a use already occurs as a defacto use in these zones,the LUC should be
amended to allow the use. It is necessary for the City regulations to be in compliance
with the Federal law regarding religious institutions. Therefore,staff recommends that
the use table in Section 4.12(B)(2)(B)and the list of permitted uses in Sections
4.2l(B)(3)(b), 4.2l(D)(2),4.22(13)(3)(b), and 4.22(D)(2)be amended to reflect this.
Related Code Revisions
Ord.Section Code Cite Revision Etiect
29 4.12(B)(2) Add Places of Warship or assemply as a permitted use in
the Downtown Civic Center district.
50 4,21(13)(3)(b) Add"Places of Worship"as a permitted use.
52 4.21(D)(2) Add"Places of Worship'as a permitted use.
55 4.22(S)(3)(b) Add"Places of Worship"as a permitted use.
57 4.22(D)(2) Add"Places of Worship"as a permitted use.
Wednesday,May 01,2002 Page l l of Is
530 Amend 3.5.3(D) -Building Standards-to mitigate excessive neon lighting, excessive fiber
optic L.E.D. lighting, and use of internally illuminated translucent materials on c-stores and
fuel canopies.
Problem Statement
Staff is concerned that recent corporate consolidations in the retail gasoline industry has
led to significant increase in re-branding and re-imaging of convenience centers, gasoline
stations and gas pump canopies. For example, a recent trip to Denver revealed that the
new c-store/fuel facility prototype for the British Petroleum/Amoco/Arco merger
represents an extreme use of internally illuminated translucent materials,vibrant color and
excessive neon/fiber optic/L.E.D. lighting applied to buildings and canopies that would be
in stark contrast to the City Plan vision as stated in Policy CAD-3.1:
"Modification of Standardized Commercial Architecture. Commercial buildings will
demonstrate a reflection of local values with site-specific design. Standardized
architectural prototypes will be modified, if necessary, so that the city's appearance
remains unique. Development will not consist solely of repetitive design that may be
found in other communities."
Other mergers include Exxon/Mobil, Diamond Shamrock/Total, and PhillipslConoco.
According to a review of the websites, it is expected that these consolidations will lead to
re-branding and re-imaging on a global scale. Therefore, staff believes time is of the
essence to strengthen and clarify the applicable code sections that address architectural
standards of convenience centers and gas pump canopies. The tendency of the retail
gasoline/convenience store industry to attract business by using buildings and stnicnues
as extensions of signage, branding and imaging continues as an attention-getting device.
The Land Use Code needs to stay ahead of this curve.
Proposed Solution Overview
Revise the Code to limit excessive exterior lighting.
Related Code Revisions
Qrd Seclion Code Cite Revision Effect
12 3.5.3(D)(7) Revise the Code to limit excessive exterior lighting.
531 Amend 3.3.2(C)-Development Improvements -to reduce the bonding requirements for
construction and maintenance of public streets for officially designated Affordable Housing
projects.
Problem Statement
The costs to a Developer for the construction of infrastructure for affordable housing
projects are significant. Every opportunity to hold these costs down should be done, in
order to help improve the overall affordability of these important projects.
It has been proposed by the Engineering Department, followed by an endorsement from
the Affordable Housing Board, to reduce the bonding requirements that guarantee the
proper construction and maintenance of street infrastructure. The reduction in bonding
would be proportional to the amount of affordable housing provided within a given
development project.
By reducing the bonding, the City will bear some risk that some improvements may not be
constructed correctly. However, the City staff has other means through its inspection
processes to help minimize the risks of incomplete or substandard infrastructure
Proposed Solution Overview
Amend the Land Use Code to approve a waiver of bonding requirements for both
Wednesday,May 01,2002 Page 12 of 18
construction and maintenance of public street improvements on affordable housing
projects. The reduction would follow the formula for administrative fee reductions
already in the Land Use Code and the City Code.
Related Code Revisions
Ord.Section Code Cite Revision Effec(
6 3.3.2(C) Reduce the bonding requirements for construction and
maintenance of public streets for officially designated
Affordable Housing projects.
532 Amend 3.3.2(F) -Off-Site Public Access Improvements - to clarify a developer's obligation
with respect to existing public alleys.
Problem Statement
The current language in the Land Use Code is not clear enough for describing the
required street and alley improvements necessary for certain types of development to
mitigate their traffic impacts. For example a development in the older part of town was
intensifying its use and taking access from an unimproved alley. We were able to require
the paving of the alley with a circuitous reading of the Land Use Code. It would be
helpful for staff and the public to have a clearer description of the improvements that may
be required.
Proposed Solution Overview
Clarify Section 3.3.2(F)of the Land Use Code.
Related Code Revisions
Ord.Section Code Cite Revision E!(ec[
7 3.3.2(F)(1) Clarify a developer's obligation with respect to existing
public alleys
533 Amend 5.1.2-Definitinons -to clarify the "Front Lot Line" on a comer lot.
Problem Statement
The current definition of"lot line, front"creates a situation where the front of a home can
face the legal street side lot line rather than the legal front lot line since the shortest of the
2 street frontages is defined as the front lot line. By definition, the legal rear lot line is the
lot line opposite the front. These definitions can create a situation where regardless of
which way a home faces,the legal front and rear lot lines are firmly established and can
have absolutely no rational relationship to what actually functions as a front, side, or rear
yard. Whenever a home is situated so that it faces the legal side lot line, compliance with
the required front and rear yard setbacks becomes problematic. For instance, the normal
interior side yard setback requirement for a home is only 5',whereas the rear setback
requirement is 15'. When a home faces"the wrong way"on a corner lot, the actual side
of the home must be setback 15 feet from the legal rear lot line, even though this"rear
yard"is actually the side of the home. These"reverse corner lot"situations have resulted
in the need for the Zoning Board of Appeal to grant many setback variances so that
homeowners and builders can locate homes and additions in a reasonable and sensible
manner on the lot.
Proposed Solution Overview
Staff recommends that the definition of"lot line, front"in Section 5.1.2 of the LUC be
amended to allow buildings on comer lots to be built in the most sensible location and
orientation on the property.
Related Code Revisions
Ord. Section Code Cile Revision Effec[
Wednesday,May 01,2002 Page 13 of IS
70 5.1.2 Amend the definition of"Lot line, front."
534 Consider adding a provision to 3.5.3 that would restrict drive-through facilities for retail
stores (not banks or restaurants)to one lane only.
Problem Statement
There has been a trend in the retail industry,particularly with drugstores and
supermarkets,to provide drive-through service. In every case encountered thus far, the
applicants have insisted upon a double drive-through lane configuration. Staff has
observed over the years that these facilities are under-utilized and that the double drive-
through arrangement may be excessive in that such facilities impact pedestrian and
bicycle accessibility. Drive-through facilities,with their individual ingress and egress
needs,also tend to complicate vehicular access and integration into the surrounding
network of public streets and private drives. Drive-through facilities impact one side of a
retail building and the architectural appearance that is called for in Section 3.5.3. The
extra asphalt must be accounted for in water quality and stormwater detention systems.
Finally, idling engines contribute to the tailpipe emissions and thus to air quality,
especially during atmospheric inversions. This restriction would not apply to banks or
restaurants.
Proposed Solution Overview
Add a new sub-section to Section 3.5.3(D)that would restrict drive-through facilities for
retail stores(not banks or restaurants) to one lane only, defined as ten feet wide.
Related Code Revisions
Ord.Section Code Cite Revision E%eet
12 3.5.3(D) Restrict some drive-through facilities to 1 lane.
535 Clarify 3.5.1(I)(4)to distinguish between screening requirements for permanent outside
storage/sales and temporary outside storage/sales.
Problem Statement
As written, this section attempts to cover two distinct retail activities that are different in
nature and need individual consideration. First, there is the permanent enclosure for the
temporary outside storage of inventory of material that is seasonally ordered in bulk and
considered over-stock. This usually includes lumber and building materials. Sometimes
these areas are covered and other times they are not. The area is used by the store on a
year-round basis either as a point of sale area during the warmer months or storage during
the colder months. y
Second, there is the creation of a non-permanent temporary outdoor enclosure, usually
within the parking lot, for seasonal sales of items such as landscaping materials,
pumpkins,Christmas trees and the like. These areas are rarely covered. These areas are
dismantled at the end of the season. This activity requires less screening than the year-
round storage area.
Since each type of activity has different characteristics,this section needs to be further
refined with specific standards for each activity. For example,the standard now reads
that the non-permanent temporary outside enclosure for landscape materials would
require a permanent wall to be constructed within a parking lot which is clearly not the
intent of the standard.
Proposed Solution Overview
Staff recommends that 3.5.1(1)(4) be catrified so that the requirements for permanent and
• temporary outside storage, screening and sale of seasonal inventory is clear.
Wednesday,May 01,2002
Page 14 of 13
Related Cade Revisions
Ord.Section Code Cite Revision Effect
8 3.5.1(I)(4) Clarify Code requirements regarding seasonal inventory.
9 3.5.1(I) Add new sub-paragraph.
536 Amend 2.12.2-Petitions for Annexations -to strike the word"expeditiously," and replace
"Director"with"City Clerk."
Problem Statement
Section 2.12.2 provides that the City Clerk shall "expeditiously" schedule the petitions
(for an annexation) for a meeting of the City Council held at least fifteen(15) days after
the date the"Director"receives the petition and plat. The Clerk would like to delete the
word "expeditiously" because, on occasion, the applicant does not want an "expeditious"
scheduling,but more importantly,the Clerk would like to change the word"Director" to
"City Clerk"because it is the City Clerk that receives the petitions,not the Director. Note
that in the first sentence in Section 2,12.2, the petitions are submitted to the City Clerk,
but only a copy is given to the Director.
Proposed Solution Overview
Staff recommend the Code be revised as outlined above.
Related Code Revisions
Ord.Section Code Cite Revision Effect
2 2.12.2 Refne provisions regarding Petitions for Annexations.
538 Amend 4.9(B)(2) -Transition Zone-to change the scheduling of the P &Z's next regular
meeting from at least 15-days to 30-days to allow more time for review and staff report.
Problem Statement
The Transition zone requires a petition for a re-zoning to be referred to the P &Z Board
at the next regular meeting of such board which is scheduled at least 15-days from the
date the petition is filed,unless this time frame is voluntarily waived by the applicant.
This does not allow staff adequate time to process and review the re-zoning request.
Proposed Solution Overview
Staff recommends that this timeframe be extended to 30-days in order to provide
sufficient time to evaluate the re-zoning request and prepare the item for the Board. This
is not considered a hardship,especially since the Board now meets twice per month.
Related Code Revisions
Ord Section Code Cite Revision Effect
28 4.9(B)(2) Refine code provisions regarding re-zoning requests in the
T Transition zone.
539 Amend 3.6.2(L)(2)(a) -Design Requirements for Private Drives-to add the restriction that
private emergency access drives cannot exceed 660 feet in length. Now,the length is
unlimited.
Problem Statement
With respect to multi-family projects, there is a problem with private access drives(not
private streets which must be designed to public street standards) in that there is no limit
on their length. Since private accessdrives are allowed to be used as emergency access
easements, and their length is presently unlimited, Staff has seen some examples where
multi-family buildings are placed in remote locations,served only by a private drive. In
Wednesday,%lay 01,2002 Page 15 of IS
some cases, buildings have been placed such that they required two private drives to gain
emergency access.
The Poudre Fire Authority finds that remote multi-family buildings served by one or more
private drives do not relate to their public street address. Further, once emergency
responders leave the public/private street system and enter the private drive network,
navigation is made more difficult since there are no reference points. The result is
increased response time.
Ideally,the solution would be for developers of multi-family projects to build more
public/private streets. Developers, however,have resisted due to the wider cross-section
required of public/private streets versus private access drives. For example, private
access drives are not required to have sidewalks, parkway strip,street trees,utility
easement, and,if warranted, on-street bike lanes.
In the past, multi-family projects have usually provided a reasonable blend of
public/private streets and private access drives that did not cause problems in emergency
response time. Recently, however, the reliance upon private access drives has increased
past the point of reasonableness and response times are affected. The recommended limit
on the length, 660 feet, is the standard length found.elsewhere in the Land Use Code for
maximum length of cul-de-sacs.
Proposed Solution Overview
Staff recommends that 3.6 2(L)(2)(a)-Design Requirements for Private Drives -be
amended to add the restriction that private emergency access drives cannot exceed 660
feet in length.
Related Code Revisions
Ord. Section Code Cite Revision F((ert
. 17 3.6.2(L)(2)(a) dd the restriction that private emergency access drives
cannot exceed 660 feet in length.
540 Amend the H-C and E zones, for residential projects, so that the "access to park, central
feature or gathering space" is triggered by the M-M-N standard of 2 acres, not L-M-N
standard of 10 acres.
Problem Statement
This is an update to fit with a previous update in the MMN zone. Residential projects in
the H-C and E must be have a minimum density of seven units per gross acre. Also, they
must provide the minimum 10,000 square foot"central feature" from the MMN zone, not
the I-acre"small park"from the LIMN zone. We expect that these developments will be
more multi-family in character than single family. If the threshold is not reduced from ten
acres to two acres, then we could be faced with approving a 9.9-acre multi-family housing
development with no functional open space. The threshold should simply be updated in
the H-C and E districts to provide a central feature consistent with the intent of the
standard found in the M-M-N zone.
Proposed Solution Overview
Update requirements using language from previous refinement of MVIN zone district
standard.
Related Code Revisions
Ord.Section Code Cite Revision£free:
53 4.21(D) Amend"gathering place'size requirements in the H-C
zone.
. 58 4.22(D)(7) Amend"gathering place"size requirements in the E-zone.
Wednesday,Mav 01,2002 Page 16 or 18
541 Amend the H-C and E zones, for residential projects, to delete the standard that the "90%of
all units must be within 3/4 mile of a neighborhood center."
Problem Statement
When the Land Use Code was first adopted, residential land uses were permitted in the H-
C and E zones but without any development standards. This oversight was corrected and
applicable development standards were rolled into the H-C and E zones from the LMN
and MMN zones. The above referenced standard, however relates more to an L-M-N
neighborhood than residential housing in the H-C and E districts. In fact, in the L-SI-N
district,the standard is not even triggered until a P.D.P. exceeds 40 acres.
There are two problems with this Neighborhood Center requirement. First, when it was
imported from the LMN zone,the parcel size threshold of 40 acres was inadvertently
omitted. This omission could easily be solved by simply re-inserting the 40-acre
threshold. Staff,however,contends the Neighborhood Center requirement should not be
retained in these zones,for two reasons: 1.)As a secondary use limited to 25%of any
development plan,a 40-acre housing development is unlikely. 2.) In any case, the
requirement is a function of LMN neighborhoods,whereas housing in the H-C and E
zones is associated with employment uses and other secondary uses, rather than an LYIN
neighborhood. In other words, a non-residential focus for housing is inherently called for
in these zone districts.
Proposed Solution Overview
Delete the "access to a neighborhood center"requirement from the HC and E zones.
Related Code Revisions
Ord.Section Code Cite Rev000,i Effect
54 4.21(D)(7) Delete the"access to a neighborhood center"requirement
from the HC zone.
59 4.22(0)(8) Delete the"access to a neighborhood center'requirement
from the E zone.
542 Clarify 3.2.3(D)(1)-Shading-to delete the clause "within the site or" since it would be
impossible for new structures not to cast a shadow onto structures within the project site.
Adjacent property needs protection,not the developer's property.
Problem Statement
The intent of the standard is to protect structures on adjacent properties from being
shaded by proposed structures a developing parcel as shown on a P.D.P. The way the
standard reads now,proposed structures could be denied for casting a shadow on the
subject property. For a pending P.D.P.,it would be impossible not to cast a shadow on
the property contained within the P.D.P. Clearly this was not the intent of the standard.
Proposed Solution Overview
Staff proposes the code be clarified as recommended above.
Related Code Revisions
Ord Section Code Cite Revielm,Effect
5 3.2.3(D)(1) Clarify shading provisions.
543 Add"Enclosed Mini-Storage Facilities"to the list of permitted uses along East Vine Drive in
L-M-N and add that measuring the East Vine area can also occur from the railroad property,
not just the street.
Wednesday,May 01,2002 Paee 17 of 13
Problem Statement
The LN(N zone includes a unique provision for a tier of light industrial uses along East
Vine Drive,with standards to integrate such uses into a neighborhood. The purpose is to
provide a buffer layer of development between neighborhood residential and the tracks.
The provision was in response to concerns that neighborhood zoning is not appropriate
where the railroad switching yard is adjacent to or across Vine from the neighborhood.
Another consideration at the time was the possibility that Vine would get an I-25
interchange,and possibly be designated as a truck route.
here is wide agreement that the proposed use adequately fits the intent of the allowed tier
of buffering uses, and is comparable to the permitted uses,yet the proposed use is not
listed.
Proposed Solution Overview
Add the use to 4.4(B)(3)(c), and add development standards to 4.4(E)(2) requiring
certain aspects of compatibility. Also as a housekeeping item,clarify that the 300-500-
foot tier of uses may be measured from East Vine Drive or railroad property as
applicable.
Related Code Revisions
Ord. Section Code Cite Revision Effect
24 4.4(B)(2)(b) Clarify measurement of non-residential use area along
Vine Drive.
25 4.4(B)(3)(c) Add"Enclosed Mini-Storage Facilities"to the list of
permitted uses along East Vine Drive in L-M-N
27 4.4(D)(5) Revise design standards for non-residential use area along
Vine Drive
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Wednesday,May 01,2002 Page 18 of 18