HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2002 - SECOND READING OF ORDINANCE NO. 087, 2002, MAKING AGENDA ITEM SUMMARY ITEM NUMBER: 30
FORT COLLINS CITY COUNCIL DATE: June 4, 2002FROM:
IlkTed Shepard
SUBJECT :
Second 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 Second Reading.
EXECUTIVE SUMMARY:
Staff has identified a variety of proposed changes, additions and clarifications in the Spring
biannual update of the Land Use Code. This Ordinance, which was adopted 4-1 on First
Reading on May 21, 2002, has been amended between First and Second Reading as follows:
• Ordinance Section 4 —Detached Garages in Multi-Family Projects: The language
is clarified to more accurately reflect the intent of the regulation.
• Ordinance Section 25 — Enclosed Mini-Storage on East Vine Drive in the L-M-N
Zone: The change reflects Council's decision on First Reading to limit Enclosed
Mini-Storage to the south side of East Vine Drive only.
• Ordinance Section 27 — Design Standards for Enclosed Mini-Storage on East
Vine Drive in the L-M-N Zone: The language is clarified to more accurately
reflect the intent of the regulation.
AGENDA ITEM SUMMARY ITEM NUMBER: 32
FORT COLLINS CITY COUNCIL DATE: May 21, 2002FROM:
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 o CeOrdi ce o i t Readin
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 fi e f 1997 ubsequent 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 ke.SupeVark E mption m 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, 2002 2 ITEM NUMBER: 32 _—
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 comer of South College and Carpenter Road
(extended). Both development th r tmarket-based retail centers.
In reviewing the initial sket plans f thes proposal it has become apparent that the
Parking Lot Distribution requ t t tly pr a 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 object iv t at as 1 d istributed parking around a
building. Strict enforce
me o Me tAptiA Standard may represent an
opportunity cost to achieving ese oth desig o
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 chaM"exiKT&orW%r?Wurn75r use of such space.
a IL
Section 3.2.2(K)(1)(a) of the UC set orth a inimum f-street parking requirements for
multi-family dwelling units. umb qui is bas 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 minimmn
DATE: ITEM NUMBER:
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 COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a dynamic document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
Land Use Code and have made recommendations to the Council regarding such issues;
and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code 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 occupant 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
t
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 schedule the petitions for a meeting
of the City Council held at least fifteen (15) days after the date the 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 Units
One or less 1.5
Two 1.75
Three 2.0
Four and above 2.5
* Spaces that are located in detached residential garages (but not including
parking structures) ' 'mil -o: "- o h ` ttte tttirmum
regutreenne 'et tt az5 d hgrt Fe made available to
dwelling unit occupants at no additional rental or purchase cost (tneaning
as an optional afneflity separate ff y64d the dwelling unit rental rate
or purchase price4.
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 on adjacent property
greater than the shadow which would be cast by a twenty-
five-foot hypothetical wall located along the property lines
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of the project between the hours of 9:00 am and 3:00 pm,
MST, on December 21. This provision 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. 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;
Signature Requirements). If a plat is not required or if the
plat does not include the entire area being developed, then
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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
based on the potential costs of repairs within the
• development, shall not exceed twenty-five (25) percent,
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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 [101
percent to one hundred [1001 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
City Engineer as to whether the development
project qualifies for a waiver or reduction of the
5
. 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) Path 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
improvements shall be designed and constructed to
city standards including, without limitation, curb,
gutter, sidewalk and pavement.
(c) All 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
. Collins Multi-modal Transportation Level of
6
Service Manual for the length required to connect to
the Improved Arterial Street Network.
Off-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
primary access routes which, in the judgment of the City
Engineer, are in substantial compliance with the city
standards applicable for such 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) Outside areas, used on a long-term or regular basis for
inventory storage or sale, over-stock, seasonal goods, bulk
items and the like 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.
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 walls or fences. Such an enclosure shall not
inhibit 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.
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• 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 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 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 street(s),
b. landform,
C. an established pattern of existing
buildings that makes a pedestrian-
oriented streetfront infeasible.
Such an alternative to the street sidewalk
must include a connecting walkway(s) and
may include internal walkways or 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.
8
(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 comers of the building to the
nearest property corners. 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
(180) 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.
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• 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 (1/2) 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)1. of the Land Use Code is hereby
amended to read as follows:
I. twenty-five (25) feet from any arterial right-of-way,
and
Section 16. That Section 3.6.l 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. I:.
addition, all development plans that are adjacent to any street for which a .
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.
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 sha!1
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.
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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 (1/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 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) Day-Care Homes. 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.
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 City Engineer approves such a
location.
I/
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.
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 gross 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:
I. 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 (;/a)
mile from any other such use and from any gasoline station;
provided that such use or uses are combined with at least
one (I) other use listed in Section 4.4(B)(2)(c)3 above.
2. Enclosed mini-storage facilities, provided they are located
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within five
fx hundred (500) feet of l railroad
property
3. Limited indoor recreation establishments, provided they are
located within five hundred (500) feet of East Vine Drive
or M railroad property adjacent and parallel to East
Vine Drive.
4. Offices, financial services and clinics which are not part of
a neighborhood center.
Section 26. That Section 4.4(13)(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 rhea f csGaf &4611eetor
street, and any FeffiaiRifl l building
frontage along the street shall
buiTcYi _ ., Fencing along streets
. 10
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.
13
• 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
thirty (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
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
Places of worship or Type I Type I Type 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
Grocery stores(occupying Not Permitted Type I Type 1
between five thousand
[5,0001 and twenty-five
thousand [25,000] square
feet)
Fast food restaurants BP Type I Type I
(without drive-in or drive-
14
Land Use Old City Center Canyon Avenue Civic Center
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).
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
[25,0001 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/a 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).
is
• 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(B)(3)(c)1. 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 any other such use and from any
fueling station.
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, 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.
•
16
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(B)(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).
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
[25,0001 square feet).
Section 47. That Section 4.19(13)(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 (3/4 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).
17
Section 49. 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(B)(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).
i
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 at least ninety (90) percent of the
dwellings shall be located within one thousand three
hundred twenty (1,320) feet (one-quarter [1/4] 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. In development projects greater than
two (2) acres in gross area, such private
18
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
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). 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.
19
Section 54. That Section 4.21(D)(7) of the Land Use Code is hereby deleted in
its entirety:
Section 55. That Section 4.22(13)(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:
I. 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 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 [1/4] 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 to the
criteria:
1. Size. 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
20
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 adult retail store: any
establishment 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 maintains a substantial or significant portion of
its gross floor area or display space for the sale or rental, for any
form of consideration, of 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 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 theater or establishment with a
capacity of fifty (50) or more persons in which the presentation of
adult material is the primary principal attraction;
(6) 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.
23