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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2001 - FIRST READING OF ORDINANCE NO. 204, 2001, MAKING V AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: November 20, 2001 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT: First Reading of Ordinance No. 204, 2001, 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 Fall biannual update of the Land Use Code. The Planning and Zoning Board will consider the proposed changes at its November 15, 2001 meeting. The Board's recommendation will be provided under separate cover. ACKGROUND: 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 synopsis of three substantive issues. Attachments include a summary of all the issues as well as the draft Ordinance itself. SUBSTANTIVE ISSUES: 1. "Day Shelter"—Define the Use and Allow in Eight Zone Districts Presently, "Day Shelter" is not a specifically defined land use. The proposed revision defines the land use and recommends that "Day Shelter" be permitted as a Type Two review in the C, I, C- N, D (but not in Canyon Avenue sub-district), R-D-R, and C-C, C-C-N, C-C-R zone districts. 2. "Enclosed Mini-Storage"—Define the Use and Allow in the Employment Zone A G.I.S. analysis reveals that, under present zoning, there will be a lack of city-wide geographic distribution of "Enclosed Mini-Storage" facilities particularly south of Drake Road and east of College Avenue. Based on input from interested parties, the need to serve the fastest-growing DATE: November20,2001 2 ITEM NUMBER: 15 quadrant of the city, and to reduce vehicle miles traveled, staff proposes that these facilities be allowed in the E,Employment zone district. 3. "Establishing Setbacks From Domestic Wastewater Treatment Works from Habitable Structures-" The Colorado Water Quality Control Division requires setbacks from domestic wastewater treatment works to habitable structures. This setback requirement is imposed upon wastewater utilities in the siting or construction of new or expanded wastewater treatment works. The purpose of this setback requirement is to aid in protecting persons from the health risks (as well as odors)that are presented by the aerosol drift from wastewater treatment works. ORDINANCE NO. 204, 2001 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 the phrase "building permit review" is hereby changed to read "basic development review" in every instance in which it appears in the Land Use Code, except where it appears in Division 2.7 and Section 2.1.3(A) and 3.8.20(C). Section 2. That Section 1.4.7(B) of the Land Use Code is hereby amended to read as follows: (B) Notwithstanding theany provision of Colorado law to the contrary, any parcel of land,whether larger or smaller than thirty-five (35) acres,may be conveyed by metes and bounds description or by other usual and customary method of land description, without being subject to subdivision requirements; provided, however, that no such conveyance shall imply or confer any right to develop, or create a new lot upon which: development can occur i + , such development al Prior- te the eellveyffiwe, sef skell is � ;n ac'or4iiG -;with this Land Use Code or pnq lavy aifd grpvrded ;, , er that such conveyance ffeatesball not be made if it ereates a nonconformityies of any nature, whatsoever, or circumvents the intent or requirements of this Land Us Code. 1 1 Section 3. That Section 2.2.3(D) of the Land Use Code is hereby deleted in its entirety as follows and all subsequent paragraphs relettered accordingly: ealeader yeaf,the Difeeter-shall establish;post and file wM the City ller4c ameRdmews to the tex4 ef this Land U6e Cede and/er the Zening Map, - Section 4. That Section 2.2.6(C)of the Land Use Code is hereby amended to read as follows: (C) Published Notice. Notice of the time, date and place of the public hearingImeeting on the development application theme shall be published in a newspaper of general circulation within J. the city at least seven (7)days prior to such hearing/meeting. Section 5. That Section 2.2.6(D)of the Land Use Code is hereby amended to read as follows: (D) Supplemental Notice Requirements. Minimum Notice Radius Sign Size All developments except as described 500 feet 45.4 square below. feet Developments proposing more than fifty 750 feet 45.4 square (50) and less than one hundred (100) feet single-family or two-family lots or dwelling units. Developments proposing more than 750 feet 454 square twenty-five (25) and less than one feet hundred (100) multi-family dwelling units. Nonresidential developments containing 750 feet 45.4 square more than twenty-five thousand (25,000) feet and less than fifty thousand (50,000) square feet of floor area. Developments proposing one hundred 1,000 feet 12 square (100) or more single-family or two-family feet 2 ti lots or dwelling units. Developments proposing one hundred 1,000 feet 12 square (100)or more multi-family dwelling units. feet Nonresidential developments containing 1,00.0 feet 12 square fifty thousand (50,000) or more square feet feet of floor area. Nonresidential developments which 1,000 feet; plus, 12 square propose land uses or activities which, in with respect to feet the judgment of the Director, create neighborhood community or regional impacts. meetings, publi- cation of a notice not less than seven (7) days prior to the meeting in a newspaper of general cir- culation in the city. Section 6. That Section 2.2.10(A)(4) of the Land Use Code is hereby amended to read as follows: (4) Appeals. Appeals of the decision of the Director fen-egarding the approval, approval with conditions or denial of minor amendments of any approved development plan or site specific development plan shall be to the Planning and Zoning Board;, andAny;•such appeal shall be taken rby Sling a notice of appeal of the final dect q+ith the N for-within! fourteen ( 4}:days'after the ach is tii of tlt8wa 1, Me decision of the Planning and Zoning Board on such appeals shall constitute a final decision, subject only to appeal as provided for development plans under Division 2.3, 2.4 or 2.5, as applicable, for the minor amendment. Section 7. That Section 2.9.2 of the Land Use Code is hereby amended to read as follows: 2.9.2. Applicability 3 Any and all amendments to the text of this Land Use Code and any and all changes to the Zoning Map must be processed in accordance with this Division. Commencing one (1) year after the effective date of this Land Use Code, amendments to the Zoning Map shall be processed only twice per calendar year pursuant te the submittal and heaFing date sehedule established pwsuaI34 te wand shall be co3sidered by the Planumg and Zonitig Board in Match;oL k `� _ ocs ; provided, however, that this limitation shall not apply to petitions for amendments to the Zoning Map initiated by the owners of properties in the Transition District, which petitions shall be governed by the provisions of Section 4.9(B)(2), or to initial Zoning Map amendments following annexation, or to Zoning Map amendments which are founded upon the adoption and implementation of a subarea plan. Only the Council may, after recommendation of the Planning and Zoning Board, adopt an ordinance amending the text of this Land Use Code or the Zoning Map in accordance with the provisions of this Division. Section 8. That the first paragraph of Section 2.9.4 of the Land Use Code is hereby amended to read as follows: 2.9.4. Text and Map Amendment Review Procedures An amendment to the text of this Land Use Code or an amendment to the Zoning Map may be approved by the City Council by ordinance. Any such proposed amendment shall be processed through a public hearing before the Planning and Zoning Board, which will provide a recommendation to the City Council. (See Steps 1 though 12 below). Upon completion of any hearing by the Planning and Zoning Board on an application or proposal to rezone any parcel of land or upon consideration of initial zoning in the case of lands being annexed to the city, the City Clerk shall cause the hearing by the City Council to be placed on the agenda for a future City Council meeting; and the public hearing before the City Council shall be held after at least fifteen (15) days' notice of the time,date and place of such hearing and the`subject matte#�att�e fiearing and the nature of the proposed zor ingehaage has been given by publication in a newspaper of general circulation within the city. Upon completion of any hearing by the Planning and Zoning Board on a proposal for a text amendment, notice shall be given as required for ordinances pursuant to the City Charter. The City Council shall then approve, approve with conditions, or deny the amendment based on its consideration of the Staff Report, the Planning and Zoning Board recommendation and findings, and the evidence from the public hearings, and based on the amendment's compliance with the standards and conditions established in this section. (See Steps 8 and 9 below). Section 9. That Section 2.9.4(F)(2) of the Land Use Code is hereby amended to read as follows: 4 (2) Rezonings of no more than six hundred forty (640) acres (quasi- judicial): Section 2.2.6(A) shall apply except that the notice provided for therein shall be mailed at least seven (7) days prior to the public hearing/meeting date (instead of fourteen [14] days) and shall identify the proposed new zone district(s), as well as the uses permitted therein, shall indicate whether a neighborhood meeting will be held with regard to the proposed rezoning, and shall inform the recipient of the notice of the name, address and telephone number of the Director, to whom questions may be referred with regard to such zoning change. Section 2.2.6(B) and(C) shall apply and the published:notice given pursuant to,Section 2 26(C) shall provide the tom€; ifs fcwof the hearing, the subj6ccmatter ofathe„.h. !►g` the•nafnre of the proposed zoning Change. Section 2.2.6(D)shall not apply. Section 10. 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 copyi,and`application fee, to the Director. The City Clerk shall expeditiously schedule the petitions for a meeting of the City Council held at least fifteen (15) days after the date the Director receives the petition and plat. Section 11. That Section 3.1.1 of the Land Use Code is hereby amended to read as follows: 3.1.1 Applicability All development applications and building permit applications shall comply with the applicable standards contained in Divisions 3.1 through 3.8 inclusive, except that single-family dwellings and accessory buildings and structures and accessory uses that are permitted subject only to Building Permit review as allowed in Article 4 need to comply only with the standards contained in Article 4 for the zone district in which such uses are located and the standards contained in Division 3:4.7 and Division 3.8. In addition to the foregoing, this Land Use Code shall also apply to the use of land following development to the extent that the provisions of this Land Use Code can be reasonably and logically interpreted as having such ongoing application. 5 Section 12. That Section 3.2.4(C) of the Land Use Code is hereby amended to read as follows: (C) Lighting Levels. With the exception of lighting for public streets, all other project lighting used to illuminate buildings, parking lots, walkways, plazas or the landscape, shall be evaluated during the development review process. The following chart gives minimum lighting levels for outdoor facilities used at night. Area/Activity" Foot-candle Building surrounds(nonresidential) 1.0 Bikeways along roadside Commercial areas 0.9 Intermediate areas 0.6 Residential areas 0.2 Walkways along roadside Commercial areas 0.9 Intermediate areas 0.6 Residential areas 0.5 Area/Activity Foot-candle Park walkways 0.5 Pedestrian stairways 0.3 Loading and unloading platforms 5.0 Parking areas 1.0 Playground 5.0 Under-canopy fueling area(average maintained) 20.0 Under-canopy fueling area(initial installation) 26.0 'Illuminating Engineering Society(IES)Lighting Handbook Section 13. That Section 3.2.4(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill- light, glare and unnecessary diffusion on adjacent property. Under;' ' taffy-the � ._ v��o8tare flusitmQimt, flat-tens light fixtures. Section 14. That Section 3.3.2(D)(6) of the Land Use Code is hereby amended to read as follows: 6 (6) Streets, elleys and paths. The applicant shall provide street improvements necessary to serve the lot or lots in accordance with Section 24-95 of the City Code. Section 15. That Section 3.3.2(E)(1)(c) of the Land Use Code is hereby amended to read as follows: (c) Streets' a�alleys 'td paths ' All streets shall be paved with curbs and gutters installed in accordance with the approved utility plans. All alleys and-paths required to be constructed by the city shall be paved. In cases where a previously existing street which has not been brought up to city specifications is located within a subdivision, such street shall be paved with curbs and gutters installed in order to meet city specifications. All streets existing within ownership of the lands which make up any subdivision shall be shown on the subdivision plat. If any subdivision is located adjacent to any existing street right-of-way, the applicant shall improve local streets to the full width and collector and arterial streets to one-half-width except as is otherwise provided hereinbelow, with pavement, curb, gutter, sidewalk and any other required street improvements as necessary to bring such street up to city specifications. Notwithstanding the foregoing, collector and arterial streets shall be constructed to such specifications as shall be necessary in the judgment of the City Engineer based upon traffic safety considerations, and taking into account the traffic impact of the development upon such arterial or collector street. No such arterial street shall be constructed to a width of less than thirty-six (36) feet. Section 16. That Section 3.4.2 of the Land Use Code is hereby amended to read as follows: 3.4.2 Air Quality S u rd The project shall conform to all applicable local, state: ar ', federal air quality regulations and standards, including, but not limited to d :- regulating odor, dust, fumes or gases which are noxious, toxic or corrosive, <ad suspended solid or liquid particles. (B) Setbacks from Domestic:Wastewater Treatment Works to Habitable Structur,.,., (1) Unless specifically authorized pursuant to the provisions of paragraph (C e below, the minimum horizontal distances set forth in subparagraph t'� this n shall betty " the Venous kinds of r< f vi`said sabpk*aph aad any o€`the following uses: (a) anyresidegfial use; _ { riri as parfCing tots OFpar g garages, _ , _ P_ P (c) any ' A, -,use, except warehouses, properties used for reci veSneTe, at or 'truck storage, compoati4 facilities, ou oor, es;3unkyards, transport terminals, recycling " faatht< `resource extraction; i ter ope 1 ;places of i worship (e) any accessoryfniW e WE trs uses except agricultural 'activities, farm an�ats,.satellitegreater,than thirty-nine€391 inches in diametei);wueless:te cations equipment and wireless to eCom rcahons (2) The following minimum horizontal distances shall apply to the.kinds of wastewater treatment works `listed below and the uses specified in snbparagraph'(t)above: (a) Non-aerated lagoons: one 'thousand three hundred twenty(1,320)feet(34 mile). (b) uAerated lagoons contammg less than two (2) total vvtth naStiFfacq aeration: one hundred (2) .acres F.. a+ to,parag (d) Small mechanical'pladh ",less than one hundred thousand (100,000) gpd capacity and all facilities with building enclosure: one hundred(100)feet. 8 All b.._..f mech i al Plants;,omp}bopsand (1 t00,0) A et (C) , Alternative Cop+plutsee. U uest by an�applicant, the decision maker'may approve an atternati K"setback distance that be substituted for a setback de'tacetmg ftC'.sta?idaTs ofthis Section. 1 . . Pans" he •'. ( } tm #accoidazee with,the stingpjttat regmreh't'ea` �'d"r'plans�as'`s�forth m'tlns<. ioii '�an n o d�i .' "00 :�t x thWIR 9u3rrell tri 'tom m se"o:athanYtad a plan,whtrth ccves:witxi theVC standards a the Secoi: p es ofthis " "egttslly or better; 'would�-a plan which complies with :the standard's...of'tliis Section In revieattng the,,.proposedltemativela , the decision makerhalL; er ,factors, that exist to eouutea cpo � � aera sol including, without hnutattem, struete , chemical; or technological ,mitigation, occutfing at the sub*t wastewater treatment woika,°establisheel vegetation barriers and/or wa�,becros,oar other Wpogralu fettires suf6cfient to serve a mttegation for odor pml�lems and/or aerosol drift hi octet fa assist the decisiam%'matEer in evaluating the R. .,._ proposed-rgaoa eneallWlanager F + �WKG. Ie �4 ikMR`r, Fal"u Cs ;` '.1� � itp'port�;lo-f ktllc Section 17. That Section 3.5.1(G)(1)(a)4. of the Land Use Code is hereby amended to read as follows: 4. Neighborhood Scale. Buildings or structures greater than forty (40) feet in height shall be compatible with the scale of the neighborhoods in which they are situated in terms of relative height, height to mass, length to mass, and building or structure scale to human scale. The tFansifiea 9 feet in height and the adjaeent neighbefheed sha4l net be Ampt. Section 18. That Section 3.5.1(1)(2) of the Land Use Code is hereby amended to read as follows: (2) Loading docks, truck parking, outdoor storage (inchtding%storage contnnuis), utility meters, HVAC and other mechanical equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design theme of the building and the landscape so that the architectural design is continuous and uninterrupted by ladders, towers, fences and equipment, and no attention is attracted to the functions by use of screening materials that are different from or inferior to the principal materials of the building and landscape. These areas shall be located and screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Section 19. That Section 3.5.1(1) of the Land Use Code is hereby amended by the addition of a new subparagraph(6)to read as follows: w x (� A3tr x t'•' °_two (2) meters. $.74 inches) in"diame ec Jii ,be=screened am located as required in subsection(1)throu"i'g- )4this Section. Section 20. That Section 3.5.2(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Setback from Nonarterial Streets. Minimum setback of every residential building and of every detached accessory building that is incidental to the residential building from any public street right- of-way other than an arterial street right-of-way shall be fifteen (15) feet; feet shall be pemaitted fer- attaehed housing with reaf -vehiele aesess and "Ad—ring A WOWok 8tt1e rnfiy'rse.'Fs ay a dtri ce on quest by applicant,the O 4 khan � Up Y !_ , . " decdst err mayrappmve an alternative setback that mar be tuted in,whole or in part for a setback that meets the =standards of this Section, except that such 10 altein$ ` e sball,uotbe,permitted,in,tl4 A, L or;U-E zoot 1. Pro"cedure -,Al)erffittve-come, ce setbacks from corm aefoio> ' dt.stree foxy; shall be prepared and �s accoskt-ce wrtb J r rm i ancf inrays u o the planes a aec"omgbsb the gttw `oaf"-this SectiothaurWcwvld a plan which complies with the sFaiadstl"id`s$ectian MOM �_- tas� tb In rmevgpg the proposed altemative.plan '.the xmaker shall.take xAa account.; `" -the ,. altervatrvese<bacic,plan coQi6 with the allow ng stsft 'ds a Porches;and Entry Fe84tugs. (i) h front porch.wath a mi mmwdepth of,six (;'feeta&paeasurecln'the building facade-to the pasis ratfings and spindles) and a mmimairi,,length o€�eight(&)f be 1? Yi on single fattnl}tdetached dwgtgs f affac (iii) The llooi ere n of thech or s)iiop` sball*+le a of eighteen(18)inches above rgra tt Set parkin shall be- o ated behmd ,the dwelling and access to s�parTag11`fie gained fro>ti an $Tle}I or, Sf`thCFe `13 na then F fhc house,does not exceed tea (TQ}`feet in width. C. Private Open,$pace. (i) t readily accessible, functional and �l Yyi4Y.` v Y®i b 1 ;of tie e'(fi2�1"eet�i}+:eigh `(f$)'feet shall be provided for each dwelling unit, (ii) .44 buildings.,oa the same lot sh@A be ;at least sixteen (16)Meet d t d. Front Yard Fences. (i) Front.yard fences shall not, exceed sixty perceiii(600Ju)opacnY (u) Jjtt,yatd fences shall be between and one-half(2 %i)feet and three (3� eef i�s'height. f: rfe!-� Section 21. That Section 3.6.6(D)(4)(f) and (g) of the Land Use Code is hereby amended to read as follows: (f) Dead-ends. 12 =i: with`itte tsiimer Coiirify Urb _Area Sheet S6ndaards, Aany dead-end fire access road that exceeds one hundred fifty (150) feet in length shall be provided with a minimum eighty Noon,6 foot diameter turnaround. 2. No dead-end length for an emergency fire access road shall exceed six hundred sixty(660) feet. (g) Turning Radius. The minimum turning radius for emergency fire access roads and in parking lots shall be twenty five_ (2025) feet inside and €eAyfilty (4059) feet outside. Section 22. That Section 3.6.6 of the Land Use Code is hereby amended by the addition of a new subparagraph(H)to read as follows: (H) Numerals and :4ddresses,; Approved irwerats or addresses shall be provided for'all new a etstin"g hmr"ings and shalt.he positioaed.taE be plainly visible-and le 0e &Om tTie*"-road frontin=g the properly. If afire lane is required,the address shall also be visible from the fire lane. Section 23. That Section 3.8.1 of the Land Use Code is hereby amended by the addition of a new subparagraph(14)to read as follows: (14) garage sales,wkreun gFope►ty � was not orgtnalIy purchased for`the'p iipose'm fires, a is sso 01 provided *','such such sales are limited to no more than five (5) weekend periods (as defined in Section 15416 oftt a pity Coded=' ona(1)calendar year. Section 24. That Section 3.8.13(C)(3) of the Land Use Code is hereby amended to read as follows: (3) Wireless Telecommunication Equipment. Wireless telecommuni- cation equipment shall be of the same color as the building or structure to which or on which such equipment is mounted. Whenever a wireless telecommunication antenna is attached to a building roof, the height of the antenna shall not be more than fifteen (15) feet over the height of the building. All wireless telecommunication equipment shall be located as far from the edge of the roof as possible. Even if the building is constructed at or 13 above the building height limitations contained in Section 3.8.17, the additional fifteen(15) feet is permissible. Whenever wireless telecommunication equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration as flush to the wall as technically possible and shall not pro ect above the wall on which it is mounted. eaale" he snaII fmltsf 'dsereg"o# Sponet6a�` he tectaco cygy will allow so as'to have` he least possible impact'on the arctectuial character and overall iestbeticg of the building. Roof- and ground-mounted wireless telecommunication equipment shall be screened by parapet walls or screen walls in a manner compatible with the building's design,color and material. Section 25. That Section 3.8.19(A)(5) of the Land Use Code is hereby amended to read as follows: (5) bay windows and similar sized cantilevered -floor areas, and architectural design embellishments f dwellings that do not project more than two (2) feet into the required setback provided they do not encroach on public easements; Section 26. That Section 4.4(D)(3)(b) of the Land Use Code is hereby amended to read as follows: (b) Location. A neighborhood center shall be planned as an integral part of surrounding residential development and located where the network of local streets provides direct access to the center. Nei borhood centers that areosratgd.,Sin' streets _ lu"dq wM-retail uses or restaurants leeated-en a�attests shall be spaced at least three thousand nine hundred sixty(3,960) feet(three-quarters [3/4]mile) apart. Section 27. That Section 4.6(D)(1)of the Land Use Code is hereby amended to read as follows: (1) Density. Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. For the purposes of this subsestiendiv g pn, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each 14 finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least eight4g)seve4 an'd one-half(7 %) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area). Section 28. That Section 4.6(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Residential. Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located,-`and auy;ne_w, detachedµccessory building shall contain a maximum of eight hundred (800) square feet of floor area. SuQ new dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District. Section 29. That Section 4.6(F)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new,` detached accessory ;buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second story deck. Section 30. That Section 4.7(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density/Intensity of Development. Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of this v vissio "total`.. st�sestiex� total floor area' shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a 15 ceiling height of at least eight (8)seven aud,©oetl (7 Y2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area). Section 31. That Section 4.7(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Residential. Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located,`and any new, detached accessory building shall contain a maximum of eight hundred (800) square feet of floor area. 8whA new dwelling may be located in any area of the rear portion of such lot,provided that it complies with setback requirements of this district. Section 32. That Section 4.7(F)(1)(g)of the Land Use Code is hereby amended to read as follows: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the covered porch may be flat whenever the roof of such porch is also considered to be the floor of a second-story deck. Section 33. That Section 4.8(B)(1)(a) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings. 2. Two-family dwellings. 43. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 16 -54. Boarding and rooming houses. 65. Mixed-use dwellings, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. Section 34. That Section 4.8.(B)(2)(a)of the Land Use Code is hereby amended by the addition of a new subparagraph 5. to read as follows: 5. Gzuup homes Section 35. That Section 4.8(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density. Minimum lot area shall be equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of this subsestiend vision, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least eight (seven and one`half,(7.%2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area). Section 36. That Section 4.8(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Residential. Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot upon which_ both dwellings will be located,`attd, . rteW defac)tiessory _ shall contain a maximum of eight hundred (800) square feet of floor area. guehA new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this District. Section 37. That Section 4.8(E)(1)(g)of the Land Use Code is hereby amended to read as follows: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached `Wessory buildings and additions to existing dwelling units may be 17 constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second-story deck. Section 38. That Section 4.9(B)(1)(a)2. of the Land Use Code is hereby amended to read as follows: 2. The City Council shall grant such variance only upon a finding that the strict application of this Land Use Code r-elating to would result in exceptional or undue hardship upon the owner of the property and that the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of the nefteenfemaing use gre isien&-&f-this Land Use Code. Section 39. That Section 4.9(B)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with Division 2.10 and stAb eet to the Pi4emi-a established for the City Gounsil permitting installation or enlargement of a permanent structure containing a use which was existing at the time the property was placed in this District, or containing a use which is ancillary to such existing use. Section 40. That the land use "Food catering" contained in Section C. of the chart contained in Section 4.12(B)(2)of the Land Use Code is hereby amended to read as follows: Food catering orsm ➢ BP BP BP food pioiluct preparation Section 41. That the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended by the addition of a new land use in Section C. of the chart to read as follows: 18 Land Use Old City Center Canyon Avenue Civic Center nayLettets provided Type 3 NqY Type 2 they do mt'exceed 10;600 (1/4 mifl j of a Transf route Section 42. That Section 4.12(D)(2) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (2) Dimensional Standards. The dimensional standards are set forth on the chart below: Minimum lot size None None None Minimum lot width None 40 feet 40 feet Maximum building coverage 1000/0 75% 75% Maximum FAR' 2 5 5 Maximum front yard setback" 0 15 feet 15 feet Minimum rear yard setback 0 0 0 Maximum building 4 stories not to exceed 12 QtAFim msA 12 stories net to height 56 feet exceed 168 feet exceed 168 feet • Any floor of a building dedicated exclusively to residential use or uses accessory to those residential uses are not included in the total of the floor area ratio. These are"free floors." Except as otherwise allowed in 4.12(E)(I)(a). Section 43. That Section 4.13(B)(2)(c)11. of the Land Use Code is hereby amended to read as follows: 11. Food catering or small food product preparation. 19 Section 44. That Section 4.13(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 5. to read as follows: 5. DaSt� I provided,, fey da r nat:exceed tea tliQnsand (Ia�CItIE15e feet andare leicated withtn eme thousand tliieelnmcEsei£tvepfjr( ,326)feet(one qi4]mite)of Section 45. That Section 4.14(B)(2)(c)23. of the Land Use Code is hereby amended to read as follows: 23. Food catering orsmall;foodproduct preparation. Section 46. That Section 4.14(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 12. to read as follows: u (one-.m - of a Transfort route. Section 47. That Section 4.15(B)(2)(c)20. of the Land Use Code is hereby amended to read as follows: 20. Food catering oWsm'a`ll;fobd piodiiet preparation. Section 48. That Section 4.15(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 3. to read as follows: 3. Day shelters provided they do not exceed ten:thousand (jf tl s feet pd,are located within one thousand gaty;(1.320)feet,(one-quarter[1/4]Vie)Of Section 49. That Section 4.16(Bx2)(c)17. of the Land Use Code is hereby amended to read as follows: 17. Food catering ._ food product pn paon. Section 50. That Section 4.16(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 4. to read as follows: 4. Deg shelters, provided they do not exceed ten thousand (Ib t)tlfl) scluarce feet and are located Wji* ene thaysand three hunifred tvr+enty(1,320)feet(one-quarter[1/4)mile)of a Transfort route. 20 Section 51. That Section 4.17(B)(2)(c)26. of the Land Use Code is hereby amended to read as follows: 26. Food catering or sn4alt;food product preparation. Section 52. That Section 4.17(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 13. to read as follows: 13. „ Day shelters>provided _they"do not 'exceed teu=thousand (10000) sc)ttare feet and are jocated within one )housand three hundred twenty(1,32f}}feet(one-i}uarter[1Cj aide}of a T st©� tioute Section 53. That Section 4.18(B)(2)(c)35. of the Land Use Code is hereby amended to read as follows: 35. Food catering smag`food product proparation. Section 54. That Section 4.18(B)(3)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3. to read as follows: 3 D, do not greed te¢Ytlul __nd :. "aithltt �u tttree�iMnuA e y 1,32M-feet(one=guarterf 41 mite)of a Transfort route. Section 55. That Section 4.19(B)(2)(c)20. of the Land Use Code is hereby amended to read as follows: 20. Food catering or small food product preparation. Section 56. That Section 4.20(B)(2)(c)10. of the Land Use Code is hereby amended to read as follows: 10. Food catering Section 57. That Section 4.21(B)(2)(c)4. of the Land Use Code is hereby amended to read as follows: 4. Food catering CV4 pto hict'pteparation. Section 58. That Section 4.22(B)(2)(c)10. of the Land Use.Code is hereby amended to read as follows: 10. Food catering or small food product preparation. 21 Section 59. That Section 4.22(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 11. to read as follows: 12: ' Englosedmipi=storagefacilities. Section 60. That Section 4.22(D)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph(v)to read as follows: (v) "Enclosed mini=storage facilities. Section 61. That Section 4.22(E) of the Land Use Code is hereby amended by the addition of a new subparagraph(3)to read as follows: lairds g;ac " _ . g drlv'es. Section 62. That Section 4.23(B)(2)(c)20. of the Land Use Code is hereby amended to read as follows: 20. Food catering or small food product preparation. Section 63. That Section 4.23(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 21. to read as follows: 21. Limited indoor recreation uses. Section 64. That Section 4.23(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 15. to read as follows: 15. Dayi,shetters vrded' tc'.do'not exceed ten th>ousand Section 65. That Section 5.1.2 of the Land Use Code is hereby amended by addition a new definition"Basic development review" to read as follows: Basic developrnerlt reviet� heaa hinwttliout api�bhc hearm by City of Fort Co staff far the putpctetahnig ltae�!ntit Ehelitbte standards of Article 3 and ArEicke 4 of tlns Laced Use C"ode for arij+use that is not subject to a Type 1 or Type 2 review. 22 Section 66. That Section 5.1.2 of the Land Use Code is hereby amended by adding a new definition "Day shelter" to read as follows: Day shelter shall mean a facrhty that provides temporary daytkme shelter andl food and which ruiay aLsa pmvrde�peracare,aocial c►r+rA�` selm�g S ; , t"o � Bless or tiansrent peisom4; provi tt §tYCh a.facht " a' te public Section 67. That Section 5.1.2 of the Land Use Code is hereby amended by adding a new definition"Enclosed mini-storage"to read as follows: Enclosed mini-storage shall mesan A" b`tuldm cgntaittiag,Sep"T,5 iud<vYdusl private statagc_sp�ces,, Qrhrch ma bt > ts sizes::<aud wlh i 64Ptn`steaz►t to individual leases for varying periods of time. Section 68. That the definition of "Food catering" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Food catering or small food product preparation shall mean an establishment in which the principal use is the preparation of food and/or meals on the premises, and where such food and/or meals are delivered to another location for consumption or drstnlxuEion,;and where such use occupies not more than five thousand(S,QOQ},square feet m,'gross floor area Section 69. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended by addition a new definition "Maintenance (of a newly constructed street)" to read as follows: Maintenance (of a newly constructed street) shad mean keepuig the„street; of dirt, mud, debris, and any other foretgnmater(�ial thatid cot sate a safety hazartT or a `jr17 es hrde r. 3" yR� ,,Q'� a 32gnals �st�gpi � th efor, •.. g _ ._ '. .� �. ' `� o sears and Section 70. That the definition of"Sign, individual letter"in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Sign, individual letter shall mean a type of flush wall sign consisting of individual letters, incised letters, script or symbols with no background material other than the wall of the building to which the letters, script or symbols are affixed. If the individual sections of an individual letter sign are connected by a common structure, commonly known as a "raceway," which provides for the electrical and/or mechanical operation of said sign, the "raceway" must be painted to match the color of the wan to which the sign is mounted and must be limited to a height of no more than one-half(%) of the height of the tallest letter. 23 Section 71. That Section 5.1.2 of the Land Use Code is hereby amended by adding a new definition"Zero lot line"to read as follows: Zero lot line shall mean a.struehue wttt a'}east one(1)wail eo* s with the lot lme,wiuel3 watt may mctutte footings,ewes and gutter {at me to oo the Introduced and considered favorably on first reading and ordered published this 20th day of November, A.D. 2001, and to be presented for final passage on the 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk 24 Lan Code Revisions Annotated Ordinance Index Ord.Section if Code Cite Revision Effect Issue I All Districts in Art. Change"Building Permit Review' to"Basic Development 376 Define the"Building Permit Review Process"as 4 Review". something distinct and different from simply pulling a building permit as allowed in 2.7.and come up with a new name(Basic Development Review).Then,add new definition to Article 5 definitions. 2 1.4.7(B) Clarify language. 501 Clarify 1.4.7(B)so it reads less awkwardly and less vague. 3 2.2.3(D) Revise Type 1 hearing posting requirements. 493 Repeal 2.2.3(D)regarding the normal posting with the City Clerk of the specific schedule of Type One&PZ hearings and Amendments to Text.Type Ones vary, PZ already posted,Amendments need Flexibility. Delete the reference in 2.9.2. 4 2.2.6(C) Clarify notice requirements. 492 Amend 2.2.6(C)and 2.9.4 to improve published notice for projects,text&map amendments to include more information m the subject matter and nature of zone changes. 5 2.2.6(d) Revise sign specifications. 495 Amend section 2.2.6(B)&(D)to revise the physical specifications of posted notice(green signs)for proposed developments. 6 2.2.10(A)(4) Reinstate 14 day appeal process timefiame. 476 Clarify 2.2.10(AX4)-Minor Amendments-to reinstate the standard practice that appeals to P&Z must be made within 14 days. 7 2.9.2 Revise Type 1 hearing posting requirements. 493 Repeal 2.2.3(D)regarding the annual posting with One City Clerk of the specific schedule of Type One&PZ hearings and Amendments to Text.Type Ones vary, PZ already posted,Amendments need flexibility. Delete the reference in 2.9.2. 8 2.9.4 Clarify notice requirements. 492 Amend 2.2.6(C)and 2.9.4 to improve published notice for projects,text&map amendments to include more information ou the subject matter and nature of zone changes. 9 2.9.4(f)(2) Clarify notice requirements. 492 Amend 2.2.6(C)and 2.9.4 to improve published notice for projects,text&map amendments to include more information on the subject matter and nature of zone changes. Tuesday,November 06,2001 Page 1 of 7 Ord.Section# Code Cite Revision Effect Issue 10 2.12.2 Clarify language. 480 Amend 2.12 to close the loophole that an Annexation request does not have to pay a fee. 11 3.1.1 Include reference to 3.4. 471 Amend the applicability statement in 3.1.1 to require that single family homes&accessory buildings comply with 3.4.7(Historic&Cultural Resources)also and not just Art.4 and 3.8. 12 3.2.4(C) Revise lighting standards. 481 Amend 3.2.4 so that under-canopy lighting does not exceed a maximum of 20 average maintained foot candles. Also,require under-canopy lights to be"Bush- mount"and"flat-lens." 13 3.2.4(D)(3) Revise fighting standards. 481 Amend 3.2.4 so that undercanopy fighting does not exceed a maximum of 20 average maintained foot candles. Also,require under- opy fights to be"Bush- , mount"and"flat-lens." 14 3.3.2(D)(6) Add"paths". 478 Clarify 3.3.2(D)(6)-"Streets and Alleys"-by adding "Paths"to be consistent with 3.3.2(F)(1). I5 3.3.2(Bx I HC) Add"paths". 478 Clarify 3.3.2(1)x6)-"Streets and Alleys"-by adding "Paths"to be consistent with 3.3.2(F)(1). 16 3.4.2 Add wastewater treatment facility buffer requirement. 494 Consider amending 3.4.2(air quality)to add a 1,000' buffo distance for habitable structures(8 hours per - day)from domestic,mechanical wastewater treatment plants to help comply with State law regarding furore expansions. 17 3.5.1(0)(1)(a)(4) Delete reference to abrupt transition. 461 Clarify 3.5.l(()xlxax4)-Building Height Review- by deleting the reference to abrupt transitions with existing structures in the adjacent neighborhood. 18 3.5.1(1)(2) Clarify screening requirements. 462 Amend 3.5.I(Ix2)-Operational/Physical Compatibility Standards-by adding"storage containers"to the list of things that need to be screened. 19 3.5.1(1) Add screening requirements for large satellite dishes. 464 Clarify 3.5.1(J)that satellite dishes are"equipment" that need to be screened or painted(in compliance with FCC regulations). 20 3.5.2(D)(2) Add garage door sidewalk setback requirement 465 Amend 3.5.2)Dx2)by adding a requirement that garage doors most be setback a minimum of 20'from public sidewalk. Tuesday,November 06,2001 Page 2 of 7 C Ord.Section N Code Cite Revision Effect issue 20 3.5.2(D)(2) Add alternative compliance for front set backs. 485 Adopt performance standards for front setback modifications for dwellings in the L.M-N&M-M-N zones. Define a basis of measurement for"zero kr line." 21 3.6.6(D)(f)and(g) Increase the minimum required turning radii. 490 Consider amending 3.6.6(D)(4)(g)to increase the minimum required turning radii for private emergency access roads from 20'inside&40'outside to 25'&50'. 22 3.6.6(H) Add street addressing standards. 497 Take the sorcet addressing section frraa the Uniform Fire Code and put into 3.6.6-"Emergency Access" since addressing is reviewed at P.D.P.stage and LUC is more user-friendly than the UFC. 23 3.8.1 Clarify permitted accessory uses. 473 Clarify 3.8.1 for consistency between the LUC and the Second Hand Dealers Ordinance in Municipal Code regarding violations and enforcement if more than 5 garage sales per year on the same property. 24 3.8.13(C) Revise standards to require best practices. 487 Consider potential changes to Wireless Tele.Comm. Equipment and Facilities regarding impact on building aesthetics,height,rootop coverage,etc. 25 3.8.19(AHS) Clarify language. 472 Amend 3.8.19(AX5)-Setback Regulations-by adding "...and similar cabtilevered floor areas..."in order to close a loophole. 26 4.4(D)(3Xb) Clarify Neighborhood Center spacing requirement. 500 Clarify 4.4(D)(3xb)-Neighborhood Centers-with retail or restaurant uses-so the spacing requirement of 314 mile along an arterial is made more clear. 27 4.6(DXI) Clarify appliabifity of floor area definition. 458 Change the ceiling height for floor area calculation in NCL,NCM,NCB zones from 8'to 7.5'to match UBC. 28 4.6(Dx2) Clarify that the 800 sq.ft.max size of rear bldg applies to 467 Amend 4.6(D)(1&2),4.7(D)(1&2),4.8(D)(1&2)to accessory buildings as well. clarify that the 800 sq.ft.max size of rear bldg applies to accessory bldg as well as to a dweltiag in NCL, NCM,NCB,and that floor area calculation is applied equally in all subsections. 29 4.6(F)(1)(g), Include new accessory buildings in roof pitch standards 468 Amend the roof pitch standards in the NCL,NCM,& exemption. NCB zones to allow new accessory buildings to be included in the exception. 30 4.7(D)(1) Clarify applicability of floor area definition. 458 Change the ceiling height for floor area calculation in NCL,NCM,NCB zones from 8'to 7.5'to match UBC. Tuesday,November 06,2001 Page 3 of 7 Ord.Section# Code Cite Revision Effect issue 32 4.7(D)(2), Clarify that the 800 sq.ft.max size of our bids applies to 467 Amend 4.6(DX1&2),4.7(D)(I&2),4.8(D)(I&2)to accessory buildings as well. clarify that the 800 sq.ft.max size of rear bldg applies to accessory burg as well as to a dwelling in NCI., NCM,NCB,and that floor area calculation is applied equally in a8 subsections. 32 4.7(f)(1)(g), Include new accessory buildings in roof pitch standards 468 Amend the roof pitch standards in the NC4 NCM,& exemption. NCB zones to allow new accessory buildings to be included in the exception. 34 4.8(B)(1)(a)(3) Delete"Group Homes"use as a Building Permit Review 463 In the NCB zone,move"Group Homes"from Building use.. Permit Review fist to Administrative(Type 1)list. 34 4.8(BX2Xa) Add"Group Homes"as a Type 1 review use. 463 In the NCB zone,move"Group Homes"from Building Permit Review list to Administrative('Type 1)list. 35 4.8(D)(I) Clarify applicability of Boor area definition. 458 Change the ceiling height for floor area calculation in NC4 NCM,NCB zones from 8'm 7.5'm match UBC. 36 4.8(DX2) Clarify that the 800 sq.ft.max size of rear burg applies to 467 Amend 4.6(DXI&2),4.7(D)(1&2),4.8(DXI&2)to accessory buildings as well. clarify that the 800 sq.ft.max size of rear bldg applies to accessory bids as well as to a dwelling in NC4 NCM,NCB,and that floor area calculation is applied equally in all subsections. 37 4.8(E)(1)(g) Include new accessory,buildings in roof pitch standards 468 Amend the roof pitch standards in the NC4 NCM,& exemption. NCB zones to allow new accessory buildings to be included in the exception. 38 4.9(B)(I Xa)2 Clarify non-conforming uses in the T District. 499 Amend the T zone-4.9(Bgl)(a)2 and(b)-by deleting the reference to non-conforming uses and clarifying the criteria under which ZBA may grant variances. �. 39 4.9(B)(I)(b) Clarify variance processes in the T district. 499 Amend the T zone-4.9(11)(l)(a)2 and(b)-by deleting the reference to non-conforming uses and clarifying the criteria under which ZBA may grant variances. 40 4.12(11)(2)(C) Add"day shelter"as a permitted use in the Downtown D 470 Define"Day Shelter"and consider adding them at district(Old Downtown and Civic Center only). Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and capping the size(10,000 sq.ft.). 41 4.12(11)(2Xc) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-your-own-beer, etc.)in those 12 zones where "Food Catering"is permitted. Tuesday,November 06.2001 Page 4 of 7 {t- { Ord.Section At Code Cite Revision Effect Issue 42 4.12(Dx2) Refine definition of height limits. 504 Amend 4.12(DX2)by deleting the reference to"12 stories"in the Canyon Avenue and Civic Center sub- districts but retaining the 168 feet maximum. This provides flexibility in floor-to-ceifing heights where there are changes in site grade. 43 4.13(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-your-own-beer, etc.)in those 12 zones when: "Food Catering"is permitted. 44 4.13.(BX3XC) Add"day shelter"as a permitted use in the R-D-R district. 470 Define"Day Shelter"and consider adding them at Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and rapping the sin(10,000 stilt). 45 4.14(11)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft of food processing (wholesale bakery,salsa-mating,brew-yourowa-beer, etc.)in tense 12 zones where "Pond Catering"is permitted. 46 4.14(B)(3XC) Add"day shelter"as a permitted use in the C-C district. 470 Define"Day Shelter"and consider adding them at Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and capping the size(10,000 sg1t). 47 4.15(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-nuking,brew-yourowa-beer, etc.)in those 12 zones where "Food Catering"is permitted. 48 4.15(B)(3)(C) Add"day shelter'as a permitted use in the C-C-N district. 470 Define"Day Shelter"and consider adding Them at Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and capping the size(10,000 sq.ft.). 49 4.16(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-yourown-beer, etc.)in those 12 zones where "Food Catering"is permitted. 50 4.16(B)(3)(C) Add"day shelter"as a permitted use in the C-C-R district. 470 Define"Day Shelter"and consider adding them at Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and capping the size(10.000 sq.ft.). Tuesday,November 06.2001 Page 5 of 7 Ord.Section# Code Cite Revision Effect Issue 51 4.17(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-yourown-beer, etc.)in those 12 zones where "Food Catering"is permitted. 52 4.17(B)(3)(b) Add"day shelter"as a permitted use in the C district. 470 Define"Day Shelter"and consider adding them al Type 2 permitted use in 8 zees,with standards relating to proximity to transit(1,320)and capping the size(I OA00 sq.ft.). 53 4.18(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-yourown-bar, etc.)in those 12 zones where "Food Catering"is permitted. 54 4.18(B)(3Xa) Add"day shelter"as a permitted use in the C-N district. 470 Define"Day Shelter"and consider adding them at Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and upping the size(10,000 sq.ft.). 55 4.19(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-yourown-beer, ere.)in these 12 zones where "Food Catering"is permitted. 56 4.20(B)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-yourowo-beer, etc.)in those 12 zones where "Food Catering"is permitted. 57 4.21(11)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-yourown-beer, etc.)in those 12 zones where "Food Catering"is permitted. 58 4.22(11)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.ft.of food processing (wholesale bakery,salsa-making,brew-your-own-bar, ere.)in those 12 zones where "Food Catering"is permitted. 59 4.22(0)(3)(c)12 Add Enclosed mini-storage facilities as a permitted use. 489 Consider adding"Enclosed Mini Storage"as a type 2 use in the E zone district. 60 4.22(DX2) (v) Add Enclosed mini-storage facilities as a permitted use. 489 Consider adding"Enclosed Mini Stooge"as a type 2 use in the E zone district. 61 4.22(E)(3) Add Enclosed mini-storage facilities as a permitted use. 489 Consider adding"Enclosed Mini Storage"as a type 2 use in the E zone district. Tu-1iy,November 06.2001 Page 6 of 7 g4 1 Ord.Section M Code Cite Revision Effect issue 62 4.23(11)(2)(c) Add small food processing as a permitted use. 488 Consider adding up to 5,000 sq.R.of food processing (wholesale bakery,salsa-making,brew-your-own-beer, etc.)in those 12 zones where "Food Catering"is permitted. 63 4.23(BX2)(c) Add"limited Indoor Recreational Use"as a permitted use. 469 In the Industrial district,add"Limited Indoor Recreational Use"as a permitted use. 64 4.23(11)(3)(C) Add"day shelter"as a permitted use in the 1 district. 470 Define"Day Shelter"and consider adding them at Type 2 permitted use in 8 zones,with standards relating to proximity to transit(1,320)and capping the size(10,000 sq.ft.). 65 5.1.2 Definitions Add definition for"Basic Development Review". 376 Define the"Building Permit Review Process"as something distinct and different from simply pulling a building permit as allowed in 2.7,and come up with a new name(Basic Development Review).Then,add new definition to Article 5 definitions. 66 5.1.2 Add definition of"Day shelter." 470 Define"Day Shelter"and consider adding them at Type 2 permitted use in 8 noes,with standards - relating to proximity to transit(1,320)and capping the size(10.000 sq.R.). 67 5.1.2 Add definition of"Enclosed Mini-Stooge". 491 Revise the"Moskowitz"definition of"Self-Service Storage Facility"to"Enclosed Mini-Storage"which matches our permitted land use in Art.4,and add to Art.5. 68 5.1.2 Amend the definition of"Food catering". 488 Consider adding up to 5,000 sq.@.of food processing (wholesale bakery,salsa-making,brew-your-own-beer, etc.)in those 12 zones where "Food Catering"is permitted. 69 5.1.2 Add definition for Maintenance". 482 Clarify the difference between"Maintenance and Repair"of streets as they relate to warranty. Need a definition for"Maintenance"which includes sweeping, clearing construction debris,etc. i 70 5.1.2 Revies definition of"Sign,Individual Letter". 466 Clarify the definition of"Sign,Individual letter" requiring the raceway to be painted the same color as the wall to which the sign is mounted. 71 5.12 Add definition of"zero lot fine". 485 Adopt performance standards for front setback modifications for dwellings in the LM-N&M-M-N zones. Define a basis of measurement for"min lot line." Tuesday,November 06,2001 -- —--- __ Page 7 of 7 Land Use Code Maintenance Process Annotated Issue List 376 Define the 'Building Permit Review Process" as something distinct and different from simply pulling a building permit as allowed in 2.7,and come up with a new name(Basic Development Review).Then,add new definition to Article 5 definitions. Problem Statement The district regulations for each district in Article 4 are organized in a similar manner. Section(A)of each district is the purpose statement. Section(B)is the permitted use section of each district. This section is then further organized by first listing the uses that are allowed subject to"building permit review",then the uses that are allowed subject to "administrative review"(Type 1)and then the uses subject to'P&Z review"(Type 2). The use of the term`building permit review"is confusing and misleading,in that people believe that if a use is listed as a building permit review use,all they have to do is apply for a building permit,and then pick up the permit when the Building Inspection staff has completed their review to determine building code compliance. For example,someone reads the Code and sees that a child care center is permitted in the CL zone subject only to building permit review. They then have their building plans prepared and submitted to the City,expecting to obtain their permit within a couple of weeks. They are quite surprised to find out after they've applied for the permit that they have to actually go through a formal review process that can take several months. Specifically,if the lot abuts an alley,the construction of their facility will trigger the need to pave the alley. Their parking lot will also need to be paved. All of this paving will require that they hire an engineer to prepare grading and drainage plans,which then have to be reviewed by Engineering,Stormwater and other departments. Additionally,a landscape plan,traffic study,etc. will be required to be reviewed for compliance with the applicable standards in Articles 3 and 4. The bottom line is that a"building permit review"use is subject to the same standards in Articles 3 and 4 that apply to a Type 1 or Type 2 use. The only difference is that no public hearing is required if the plan complies with all of the applicable standards. Since the same development standards apply,regardless of the review process,it is important that the Code is clear in representing that a use subject to"Building Permit Review" means more than just applying for a building permit. Proposed Solution Overview In order to clarify that`building permit review"is more similar to a Type 1 or Type 2 review than it is to a building permit application,it is recommended that two changes to the LUC be implemented. First,the phrase`building permit review"in the first paragraph of Section(B)(1)of every division in Article 4 be replaced with the phrase "Basic Development Review";and second,that Article 5 be amended by adding a definition for'Basic Development Review",as follows: (B)Permitted Uses. (1), ......subject to building permit Basic Development review,provided..... 5.1.2 Definitions Non-public hearing review shall mean review by City of Fort Collins staff for the Tuesday,November 06,2001 Page 1 of 22 purpose of determining compliance with the applicable standards of Article 3 and Article 4 of the Land Use Code for any use that is not subject to a Type 1 or Type 2 review. Related Code Revisions Ord Section Code Cite Revision Effect 1 All Districts in Art.4 Change"Building Permit Review" to"Basic Development Review'. 65 5.1.2 Definitions Add definition for'Basic Development Review". 458 Change the ceiling height for floor area calculation in NCL,NCM,NCB zones from 8'to 7.5' to match UBC. Problem Statement As a result of the Eastside/Westside Neighborhood Plan implementation ordinance that was adopted in 1996,the code contains a provision that is intended to limit the amount of building coverage that can occur on lots in the NCL,NCM,and NCB zones. This code provision accomplishes this in part by counting the 2nd story accessory building floor area having a ceiling height of at least 8 feet as part of the total allowable floor area based on the lot size. The assumption is that if the ceiling height is at least 8',then that part of the building is a habitable living space,and should count as floor area. Any part of the 2nd story of a detached accessory building that has a lower ceiling height would be considered to be usable only for such things as storage,and shouldn't count towards the floor area limitation. The problem is that the 8' ceiling height conflicts with the Building Code ceiling height. The Building Code requires only a 7'6'ceiling height for a room or building to be considered to be a habitable living space. Therefore,staff has reviewed and approved permit applications proposing 2nd story accessory building living spaces with a 7' 6"ceiling height. This results in usable,habitable floor area that is exempt from the floor area size limitation,and such a result is not in keeping with the intent of the regulation. Also,the pertinent section of the NCL,NCM,and NCB districts that contains the ceiling height criteria,also contains a definition of"total floor area"that is unique to these three zones. However,this definition is currently worded so that it is"conditioned"on applying only to the particular subsection that it is described in. This creates a problem in that the following subsection in the district standards sets forth a maximum floor area of 800 square feet for a new,rear lot dwelling. The intent of the 800 square foot limitation is to include any unfinished floor area of the building(i.e,garage)as part of the maximum allowed. This intent is well documented in agenda packet material that Council considered in 1996 during the ordinance adoption process. However,since the current wording of the Code does not make it clear that the"total floor area"definition applies in all instances,we are seeing floor area proposals for new rear lot dwellings that far exceed the intended 800 square foot limit. Proposed Solution Overview The second sentence of Sections 4.6(D)(1),4.7(D)(1),and 4.8(D)(1)should be amended by changing the 8' ceiling height regulation to 7'6"and by clarifying the applicability of the floor area definition. Related Code Revisions Ord Section Code Cite Revision Effect 27 4.6(D)(1) Clarity applicability of floor area definition. 30 4.7(0)(1) Clarify applicability of floor area definition. 35 4.8(D)(1) Clarity applicability of floor area definition. Tuesday,November 06,2001 Page 2 of 22 ++a 461 Clarify 3.5.l(G)(1)(a)(4) -Building Height Review-by deleting the reference to abrupt transitions with existing structures in the adjacent neighborhood. Problem Statement The last sentence of Section 3.5.l(G)(1)(a)(4)states that "The transition between any building or structure over forty(40)feet in height and the adjacent neighborhood shall not be abrupt." Normally,"adjacent"means next to or nearby. "Neighborhood"normally means a district or area that has some common characteristic or point.of reference. An adjacent neighborhood then can consist of numerous buildings of numerous heights,all within a certain distance of a given point. It's possible that a neighborhood may have some one- story homes that are only 15'tall and some multi-story buildings that are 30' to 50' tall. If a new building or addition exceeds 40' in height,the Building Height Review is triggered,and the regulation cited above comes into play. If the new building is directly abutting a 40'tall building,the proposed change in height would not be abrupt. If the new building is directly abutting a 15'tall building,the change in height would be abrupt. But regardless of how the change is viewed in context of the directly abutting building,the change could be considered to be abrupt or not abrupt in the context of the other buildings in the"adjacent neighborhood". Therefore,it is unclear as to when a change in height would be considered to be abrupt. Is it when the change is measured against the abutting building?Or is it when the change is measured against a building located 2 blocks away? Proposed Solution Overview Section 3.5.1(G)(1)(a)(4)should be revised to clarify when a change in height would be considered to be abrupt. Related Code Revisions Ord Section Code Cite Revision Effect 17 3.5.1(G)(1)(a)(4) Delete reference to abrupt transition. 462 Amend 3.5.1(I)(2) -Operational/Physical Compatibility Standards-by adding "storage containers"to the list of things that need to be screened. Problem Statement Section 35.1(1)(2)of the LUC contains a regulation that requires the screening of loading docks,truck parking,outdoor storage,utility meters,mechanical equipment,and trash collection functions. From time to time,businesses will use large steel storage containers to store inventory in. These containers usually are located in the parking lot or truck dock area,and are usually not incorporated into any existing screened storage area. Staff believes that we can classify such containers as outdoor storage,and as such they would have to be screened. However,the Code would be clearer if such things were specifically mentioned. Proposed Solution Overview The proposed change to Section 3.5.1(I)(2)is recommended in order to clarify that storage containers need to be screened. Related Code Revisions Ord Section Code Cife Revision Effect 18 3.5.1(I)(2) Clarify screening requirements. 463 In the NCB zone, move "Group Homes" from Building Permit Review list to Administrative (Type 1) list. Tuesday,November 06,2001 Page 3 of 22 Problem Statement Group homes are a permitted use in the NCB zone,subject only to Building Permit review. This means that as long as the proposed home complies with the applicable standards(such as lot area,number of residents,and separation distance from other group homes),there will be no opportunity for a neighborhood meeting or public hearing. Group homes can range from somewhat benign facilities for several elderly people to more visible facilities for numerous residents that have criminal records. There have been a couple of controversial group home requests for properties in the NCB zone this year. Neighbors near these properties were quite concerned that no public hearing was required. The NCB zone is currently the only residential zone that does not require a public hearing for group home facilities. Proposed Solution Overview The NCB zone is considered to be a transitional buffer between residential neighborhoods and more intensive commercial areas. However,the majority of the properties in the NCB district are still residential,and staff believes that residents of these neighborhoods should enjoy the same public hearing opportunity as those in the other residential zones. Therefore,staff recommends that Section 4.8(B)(1)(a)(3)be deleted and the remaining sections renumbered accordingly,and that Section 4.8(B)(2)(a)be amended by adding a new subsection(5),as follows: Related Code Revisions Ord Section Code Cite Revision Effect 34 4.8(B)(2)(a) Add"Group Homes'as a Type 1 review use. 34 4.8(B)(1)(a)(3) Delete"Group Homes'use as a Building Permit Review use. 464 Clarify 3.5.1(.n that satellite dishes are"equipment" that need to be screened or painted(in compliance with FCC regulations). Problem Statement Section 3.5.1(I)establishes locational and screening regulations for outdoor storage areas, for service functions such as loading and trash collection areas,and for mechanical equipment(including conduits,meters,vents and other equipment). It's not clear whether or notes satellite dish qualifies as other equipment,and this has resulted in some enforcement difficulties when staff has attempted to require screening of such dishes. Additionally,FCC regulations passed in 1996 prohibit government entities from regulating residential satellite dishes 1 meter or less in diameter and commercial dishes 2 meters or less in diameter. Proposed Solution Overview In order to clarify that satellite dishes of a certain size are subject to screening requirements,staff recommends that Section 3.5.1(1)of the LUC be amended by adding a new subsection(6)as follows: (6) All satellite dishes that are greater than 2 meters(78.74 inches)in diameter must be screened and located as required in subsections(1)through(5)of this section. Related Code Revisions Ord Section Code Cite Revision Effect 19 3.5.1(1) Add screening requirements for large satellite dishes. 465 Amend 3.5.2)D)(2)by adding a requirement that garage doors must be setback a minimum of 20'from public sidewalk. Tuesday,November 06,2001 Page 4 of 22 Problem Statement Section 3.5.2(D)(2)establishes general residential setbacks from streets for properties in zones that do not have specific setback standards established in Article 4. Setback standards that are found in Article 4 ensure that a driveway in front of a garage door will be of adequate length(19' to 20')to accommodate a vehicle without the vehicle encroaching over a public sidewalk. However,zones like the LMN and MMN do not have specific standards in Article 4. Instead,setback standards for these properties are found in 3.5.2(D). All that is required is that a building must be setback a minimum of 15' from the street right-of-way line. This setback would be sufficient in older subdivisions where the right-of-way line is about 4'to 5"behind the inside edge of the sidewalk. Such a situation would result in a driveway length of at least 19' from the garage door to the sidewalk. Proposed Solution Overview In order to ensure that driveway lengths are adequate enough to prevent vehicles from encroaching over public sidewalks,Section 3.5.2(D)(2)of the LUC should be amended as to require a 20 foot set back from the nearest portion of the public sidewalk. Related Code Revisions Ord Section Code r;tF Revision Effect 20 3.5.2(0)(2) Add garage door sidewalk setback requirement. 466 Clarify the definition of"Sign,Individual Letter"requiring the raceway to be painted the same color as the wall to which the sign is mounted. Problem Statement Individual letter signs are sometimes constructed in a manner wherein the letters are actually attached to a raceway,and then the raceway is mounted to the wall of the building. The raceway method is utilized when electrical wiring is not readily available in the wall to which the sign is to be mounted. In these situations the raceway provides the electrical equipment to feed the sign. When electrical wiring is available in the building wall,then a raceway is not necessary because the individual letters are mounted directly to the wall,and each letter is individually wired. The definition of"sign,individual letter"is intended to ensure that when a raceway is used,the raceway is to be of the same color as the wall. Thus,the raceway becomes`invisible". However,the definition merely states that the raceway needs to be painted to match the color of the building. This means that if the wall to which the sign is mounted is dark brown,the raceway could be painted white if white also happens to be a building color. If this happens,then the raceway becomes very visible. Proposed Solution Overview In order to ensure that raceways are"invisible",as intended,staff recommends that the definition of"Sign,individual letter'in Article 5 be amended to clarify they should be painted the same color as the wall on which they are mounted. Related Code Revisions Ord Section Code Cite Revision Effect 70 5.1.2 Revies definition of"Sign,Individual Letter'. 467 Amend 4.6(D)(1&2),4.7(D)(1&2),4.8(D)(1&2) to clarify that the 800 sq.ft. max size of rear bldg applies to accessory bldg as well as to a dwelling in NCL,NCM,NCB, and that floor area calculation is applied equally in all subsections. Problem Statement Tuesday,November 06,2001 Page 5 of 22 y Another provision that was adopted as part of the Eastside(Westside Neighborhood Plan implementation ordinance is a regulation that limits the size of new,rear lot dwellings to 800 square feet. The intent of this standard is to ensure that new dwelling units located behind existing dwellings are incidental and subordinate in size and scale. This limitation came about as a result of an earlier"emergency ordinance"that was adopted by City Council in response to an unwelcome proliferation of large,rear lot buildings. The standard was also intended to limit the size of detached accessory buildings to 800 square feet. It makes no sense to limit the total square footage of a new dwelling to 800 square feet,while allowing a new detached garagelworkshopP'bonuis room'accessory building to be 2000 square feet(as seen in actual building permit submittals). However,the current wording,by default,allows new,detached accessory buildings to be considerably larger than new,detached rear lot homes. Proposed Solution Overview In order to clarify the original intent to equally limit the size of all types of detached buildings,Sections 4.6(D)(2),4.7(D)(2),and 4.8(D)(2)of the Land Use Code should be amended to include a reference to"any new detached accessory building". Related Code Revisions Ord Section Code Cite Revision Effect 28 4.6(D)(2) Clarity that the SW sq.ft.max size of rear bldg applies to accessory buildings as well. 32 4.7(D)(2), Clarify that the 800 sq.ft.max size of rear bldg applies to accessory buildings as well. 36 4.8(0)(2) Clarify that the 800 sq.ft.max size of rear bldg applies to accessory buildings as well. 468 Amend the roof pitch standards in the NCL,NCK&NCB zones to allow new accessory buildings to be included in the exception. Problem Statement The Eastside/Westside Neighborhood Plan implementation ordinance established minimal design standards for new construction. One of the standards regulates the minimum roof pitch and the maximum roof pitch allowed. Specifically,the minimum roof pitch allowed is 2:12 and the maximum roof pitch allowed is 12:12,except that additions to existing dwelling units can be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Staff has reviewed several building permit applications for new detached sheds or garages that have a proposed roof pitch that either exceeds the maximum allowed or is less than the minimum,but that matches the roof pitch of the existing home on the lot. However,the exception in the Code that allows a matching roof pitch only applies to additions to the existing home,not to new detached accessory buildings. The Historic Preservation Office believes that detached sheds and garages should be allowed to match existing roof pitches. The Zoning Board of Appeals has granted variance requests to this standard whenever they've appeared on their agenda, and the Board recommends that the roof pitch exception be broadened to apply to detached accessory buildings. Proposed Solution Overview Staff recommends that Sections 4.6(F)(1)(g),4.7(F)(1)(g),and 4.8(E)(1)(g)of the Land Use Code be amended as follows in order to allow detached accessory buildings to be constructed with roof pitches that either comply with the standard or match the roof pitch of the existing home. Related Code Revisions Ord.Section Code Cite Revision Effect 29 4.6(le)(1)(g), Include new accessory buildings in roof pitch standards Tuesday,November 06,2001 Page 6 of 22 .. exemption. 32 -4.7(F)(1)(9), Include new accessory buildings in roof pitch standards exemption. 37 4.8(E)(1)(g) Include new accessory buildings in roof pitch standards exemption. 469 In the Industrial district,add"Limited Indoor Recreational Use" as a permitted use. Problem Statement The Industrial district allows many commercial uses. "Health Clubs"and"Unlimited Indoor Recreational Uses and Facilities"are two of the permitted uses. However,the zone does not allow"Limited Indoor Recreational Uses'. These"Limited"uses are very similar to a"Health Club"use,and should be allowed in the zone. Proposed Solution Overview Adding"Limited Indoor Recreational Use"to the list of permitted uses in the Industrial district is in keeping with the criteria for adding uses as found in Section 1.3.4 of the LUC. Staff recommends that Section 4.23(B)(2)(c)of the LUC be amended by adding a new subsection 21 to the list of permitted uses in the I-Industrial District Related Code Revisions Ord Section Code Cite Revision Efl2ct 63 4.23(B)(2)(c) Add'Limited Indoor Recreational Use'as a permitted use. 470 Define "Day Shelter" and consider adding them at Type 2 permitted use in 8 zones, with standards relating to proximity to transit(1,320)and capping the size(10,000 sq.ft.). Problem Statement A"day shelter"is a use that generally provides daytime shelter and services to homeless or transient people. The LUC does not contain a specific definition for such a use. As a result,staff has determined in the past that such a shelter use most closely resembles an "office"or"clinic"use due to the nature of some of the activities associated with such a facility. (Counseling,job placement,phone and postal services are some of the services typically provided). As an office or clinic,these shelter facilities would be allowed in many districts,including several residential districts like the NCB,LMN,MMN,and the HMN. Recent controversies involving the search for a new location to replace the former New Bridges facility has made it obvious that day shelters should not be a permitted use in all of the zones that allow offices. While the services that are offered by a shelter are similar to those of other office or clinic uses,the impacts are much different. However,without defining the specific use as being something other than an office or clinic,a decision maker is unable to deny a day shelter request based on use concerns when the request is for property in a zone that allows offices or clinics. Proposed Solution Overview 1) "Day shelter"should be a separately defined use in Article 5 and a separately listed permitted use in specific Article 4 districts. Therefore,Article 5 should be amended by adding the following definition(which should require that some private outdoor space be provided in order to minimize any outdoor loitering that could occur on a public sidewalk adjacent to the faciltiy): Day shelter shall mean a facility that provides temporary daytime shelter and/or food and which may also provide personal care,social or counseling services to indigent, homeless or transient persons,provided that such a facility contains a private,outdoor Tuesday,November 06,2001 Page 7 of 22 j non-public space.' 2)A day shelter should be allowed as a Type 2 use in the D(Old City Center and Civic Center subdistricts only,not the Canyon Avenue),R-D-R,C-C,C-C-N,C-C-R,C,C-N, and I districts. Staff believes that the addition of this use to the above-mentioned zones satisfies the criteria for adding uses as found in Section 1.3.4 of the LUC.The listed use should include some size limitation so that the use does not become a large institutional facility and should include some locational regulation in order to ensure that it is located in proximity to public transportation so as to adequately serve its clientele. (These size and distance requirements would qualify for the modification process).Therefore,staff recommends that Article 4 be amended to allow day shelters in the districts identified above,provided they do not exceed 10,000 square feet and are located within 1,320 feet (1/4 mile)of a Transfort route. Related Code Revisions Ord Section Code Cite Revision Effect 40 4.12(B)(2)(C) Add"day shelter'as a permitted use in the Downtown D district(Old Downtown and Civic Center only). 44 4.13.(B)(3)(C) Add"day shelter"as a permitted use in the R-D-R district. 46 4.14(B)(3)(C) Add"day shelter'as a permitted use in the C-C district. 48 4.15(B)(3)(C) Add"day shelter"as a permitted use in the C-C-N district. 50 4.16(B)(3)(C) Add"day shelter"as a permitted use in the C-C-R district. 52 4.17(121)(3)(b) Add"day shelter"as a permitted use in the C district. 54 4.18(B)(3)(a) Add"day shelter"as a permitted use in the C-N district. 64 4.23(B)(3)(C) Add"day shelter"as a permitted use in the I district. 66 5.1.2 Add definition of'Day shelter." 471 Amend the applicability statement in 3.1.1 to require that single family homes&accessory buildings comply with 3.4.7 (Historic&Cultural Resources)also and not just Art. 4 and 3.8. Problem Statement Section 3.4.7 of the LUC sets forth the regulations that are intended to ensure that historic sites are preserved and that"any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity of the historic resource;and that new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhoods." Section 3.1.1 of the Code establishes the applicability standard for all of the general standards found in Article 3(which includes 3.4.7). The current wording of 3.1.1 makes it clear that single- family dwellings and accessory buildings and uses are only required to comply with the standards in Article 4 and the standards in Section 3.8 of Article 3. Therefore,the regulations of 3.4.7 do not apply,and staff is unable to require compliance with those regulations. Proposed Solution Overview Staff believes that the regulations to protect historical and cultural resources were intended to apply to single family dwellings and accessory structures. Therefore,Section 3.1.1 of the LUC should be amended to include a new reference. Related Code Revisions Ord,Section Code Cite Revision Effect 11 3.1.1 Include reference to 3.4. Tuesday,November 06,2001 Page 8 of 22 472 Amend 3.8.19(A)(5)-Setback Regulations-by adding "...and similar cantilevered floor areas..." in order to close a loophole. Problem Statement Section 3.8.19 of the LUC lists certain features and structures that are allowed to be located within the required setbacks. Among those listed are cantilevered floor areas. The problem is that the wording does not state or imply any limit to the length of the cantilever. A recent building permit application has revealed that without some sort of limitation,a loophole exists that can allow someone to design a home that is clearly in violation of the setback standard,but cannot be denied due to compliance with the current wording of the"cantilever exception." Specifically,staff received a permit application for a new house,where the builder was showing a 2' wide cantilever,only 6"above the ground,along both sides of a 2-story house. The cantilevers are 40' long,and they encroach 2' into the required 5' setback on both sides of the home along the entire 40' length. Clearly,this is not what was intended. The intent,when viewed in context with the rest of the paragraph of the Code,is to allow small cantilevered floor areas to encroach,not the entire house. Proposed Solution Overview 3.8.19(A)(5)of the LUC should be amended to clarify what type of cantilevered floor area is allowed to encroach. Related Code Revisions Ord Section Code Cite Revision Effect 25 3.8.19(A)(5) Clarity language. 473 Clarify 3.8.1 for consistency between the LUC and the Second Hand Dealers Ordinance in Municipal Code regarding violations and enforcement if more than 5 garage sales per year on the same property. Problem Statement Section 15-316 of the Municipal Code(not the Land Use Code)sets forth regulations that apply to Secondhand Dealer operations. This section exempts garage sales,and thereby allows them as long as a person has garage sales for no more than 5 weekend periods per year. A weekend period means Friday through the immediately following Monday. Occasionally,the City receives complaints about someone having garage sales on a more frequent basis than is allowed by Section 15-316 of the City Code. Because there is no clear"garage sale"regulation in the LUC,jurisdictional questions about enforcement and applicability arise. Since the Municipal Code allows garage sales,such a use is clearly an acceptable accessory use to a residential property. Having more garage sales than is allowed by City Code is really a land use issue in that the person is actually operating a "retail store'from their residential property. At that point a garage sale no longer becomes an accessory use. Rather,it becomes another principal use,one that is retail in nature. Proposed Solution Overview Amending the list of permitted accessory uses in Section 3.8.1 of the LUC to include 5 or fewer garage sales per year will clarify when such a use is an acceptable accessory use and when such a use becomes a principal use,and thereby,a land use violation. Section 3.8.1 should be amended by adding a new subsection(14)as follows: (14) , Garage sales,wherein property which was not originally purchased for the purpose of resale is sold,provided that such sales are limited to no more than five(5) weekend periods(as defined in Section 15-316 of the Municipal Code)in one calendar year. Tuesday,November 06,2001 Page 9 of 22 Related Code Revisions Ord Section Code Cite Revision Effect 23 3.8.1 Clarify permitted accessory uses. 476 Clarify 2.2.10(A)(4)-Minor Amendments-to reinstate the standard practice that appeals to P&Z must be made within 14 days. Problem Statement Section 2.2.10(A)(4)refers to appeals of Minor Amendments. Ina previous Land Use Code revision,the 14 day time frame for filing an appeal was inadvertently deleted. Without a deadline,an appeal of a Minor Amendment is presently open-ended. Proposed Solution Overview Reinstate the 14-day time frame for which to file an appeal of a Minor Amendment. Related Code Revisions Ord Section Code Cite Revision Effect 6 2.2.10(A)(4) Reinstate 14 day appeal process timehame. 478 Clarify 3.3.2(D)(6)- "Streets and Alleys" -by adding "Paths"to be consistent with 3.3.2(F)(1). Problem Statement The Land Use Code has provisions to allow for the construction of"paths"instead of a street for purposes of connectivity. Clarifying language is needed in the requirements to requite that"paths"get constructed at the proper time along with other all public improvements prior to the issuance of building permits and certificates of occupancy. Proposed Solution Overview Revised sections Section 3.3.2(D)(6)and 3.3.2(E)(1)(c)of the Land Use Code to add the term"paths"which would be improvements to be completed at the required times as are all other public improvements. Related Code Revisions Ord Section Code Cite Revision Effect 14 3.3.2(D)(6) Add"paths". 15 3.3.2(E)(1)(C) Add"paths'. 480 Amend 2.12 to close the loophole that an Annexation request does not have to pay a fee. Problem Statement This section does not explicitly state that requests for Annexations must pay the application fee to the Current Planning Department. Proposed Solution Overview Add the necessary language to clear up ambiguity regarding application fees for Annexations. Related Code Revisions Ord Section Code Cite Revision Effect 10 2.12.2 Clarify language. 481 Amend 3.2.4 so that under-canopy lighting does not exceed a maximum of 20 average Tuesday,November 06,2001 Page 10 of 22 maintained foot candles. Also,require under-canopy lights to be "flush-mount" and "flat- lens." Problem Statement There is a concern about excessive illumination associated with the fueling area under convenience store canopies. These uses are permitted in the L-M-N zone and have the potential of being in close proximity to residential areas. There is a concern that illumination has grown brighter over the years especially for new installations. Finally, there is a concern that the contrast between roadway lighting and under-canopy lighting is growing thereby causing a safety issue with eye adjustment,both entering and leaving the site. This is because the eye needs a greater amount of time to adjust to starkly different light levels. Proposed Solution Overview Based on a field survey of 11 sites and a review of the literature(Lighting for Exterior Environments,I.E.S.,and Lighting Handbook,Philips Lighting),Staff has found that between 17 and 20 foot-candles are sufficient to comfortably fuel a vehicle including the additional hand-eye coordination required of the"pay-at-the-pump"facilities. The 17—20 foot-candle range is for the"average maintained"light level which is distinct from the illumination levels found upon initial installation. Since there is light degradation over time with metal halide lamps(the industry standard),illumination levels are higher for newly installed fixtures. (Average degradation over time varies from fixture to fixture. Based on data from manufacturer's specification sheets,average degradation is 20%.) In order to control excessive illumination upon initial installation, Staff recommends that newly installed foot-candles be capped at no more than 23% above"average maintained"levels. The extra 3%is to account for industry variation. Further,Staff recommends that under-canopy lights feature flush-mount,flat lens fixtures to minimize light spillage. Area/Activity* Under-Canopy Fueling Area(average maintained) 20.0 Under Canopy Fueling Area(initial installation) 26.0 *Illuminating Engineering Society(IES)Lighting Handbook (3)Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light,spill-light,glare and unnecessary diffusion on adjacent property. Under-canopy fueling areas shall feature flush-mount,flat lens light fixtures. Related Code Revisions Ord Secdon Code Cite Revision Effect 12 3.2.4(C) Revise lighting standards. 13 3.2.4(D)(3) Revise lighting standards. 482 Clarify the difference between"Maintenance and Repair" of streets as they relate to warranty. Need a definition for"Maintenance" which includes sweeping,clearing construction debris,etc. Problem Statement Developers have indicated that they do not know what the city means when they are required to maintain new streets in their developments for the first 2 years of the warranty period. Tuesday.November 06,2001 Page I l of 22 Proposed Solution Overview The proposed solution is to add a definition of the term maintenance to the Land Use Code.Revise Section 5.1.2 of the Code to read as follows: 5.1.2 Definitions. Maintenance of a newly constructed street shall mean keeping the street clear of dirt, mud debris,and any other material not meant to be on the street that would constitute a nuisance or cause damage to the newly constructed street. In addition,it shall include repainting traffic control striping and repairing and replacing traffic control signs. Related Code Revisions Ord Section Code Cite Revision Effect 69 5.1.2 Add definition for'Maintenance". 485 Adopt performance standards for front setback modifications for dwellings in the L-M-N& M-M-N zones. Define a basis of measurement for"zero lot line." Problem Statement Based on modification requests from housing developers,the Planning and Zoning Board has asked Staff to investigate the implementation of higher architectural and site standards in exchange for reduced front yard building setbacks within the L-M-N zone. The reduced front setback corresponds with the typical nine-foot utility easement needed along connector and local streets behind the sidewalk. In certain situations,the current 15-foot setback is seen as an inefficient use of land,particularly on small lots. The underlying assumption is that there are design solutions which would make it appropriate to place houses closer to the street in the L-M-N zone. The standard in question,Section 3.5.2(D)(2)would also be improved and clarified by deleting the reference to the M-M-N zone for consistency. The Code is presently not clear as to what constitutes a structure built to a"zero lot line'. Proposed Solution Overview Staff proposes adding an"Alternative Compliance"sub-section to 3.5.2(D)(2)to allow a reduced front setback if certain site planning and building standards are met. The goal is to allow for more efficient use of land if buildings form a more positive urban relationship to the sidewalk and provide private outdoor spaces within the rear and/or side yards that give relief to moderate and higher density areas. Related Code Revisions Ord Section Code Cite Revision Effect 20 3.5.2(D)(2) Add alternative compliance for front set backs. 71 5.12 Add definition of'zero lot line". 487 Consider potential changes to Wireless Tele.Comm.Equipment and Facilities regarding impact on building aesthetics,height,rootop coverage,etc. Problem Statement There is a concern that recent installations of wireless telecommunications equipment did not go as far as the latest technology will allow in order to blend in with the building on which they were attached or mounted. Proposed Solution Overview Add a clause to the standard that requires the latest in stealth technology with regard to Tuesday,November 06,2001 Page 12 of 22 minimizing impact on the existing building or structure. Related Code Revisions Ord Section Q&Ctt4 Revision Effect 24 3.8.13(C) Revise standards to require best practices. 488 Consider adding up to 5,000 sq.ft.of food processing(wholesale bakery,salsa-making,brew- your-own-beer,etc.)in those 12 zones where "Food Catering" is permitted. Problem Statement We have been approached by a salsa-maker to allow the making of salsa for off-premise sales in the C zone. All he needs is 700 square feet. Presently,the LUC does not allow this use in the C zone and would treat such activity as the"preparation of food products" which is considered a`Light Industrial"use. In reality,the proposed use is similar to "food catering." The LUC does not make a distinction between and large and small operations. This request raises a larger issue of allowing some level of"preparation of food products" to those zones where"food catering"is presently permitted since there is an obvious similarity between these two uses. Currently throughout the City,there are activities and operations that are more like a small-scale"preparation of a food product"that occur in a variety of zone districts and are clearly not`Light Industrial." For example,most grocery stores contain bakeries. The"brew-your-own-beer/wine" stores are found in shopping centers. Restaurants are allowed to brew beer and become a "brew-pub." The small bagel and tortilla-making operations are similar. Since these uses are clearly not`Light Industrial,"we need to provide for their small-scale operations in a variety of zones. On the other hand,Staff would not find it appropriate to allow a larger manufacturing- like operation,like the old Pickle Factory,or a similar facility,that exceeds a certain size, scale and impact that is clearly beyond the context of"food catering"Since the size and scale need to be regulated to prevent a factory-scale operation,Staff proposes to cap the size based on the larger commercial food kitchens in the C,Commercial,zone. Based on contacting various restaurants,this cap would be 5,000 square feet of gross floor area. Proposed Solution Overview In evaluating the size and scale of these uses,Staff finds they are similar in nature to what is presently defined as"Food Catering." Staff proposes to amend the current definition of"Food Catering"by slightly broadening its scope but capping the size. This will allow the preparation of small food products in 12 zone districts as opposed to only those six zone districts that allow`Light Industrial." The 12 zones are:D(all sub-districts),R-D-R,C-C,C-C-N,C-C-R,C,C-N,N-C,C-L, H-C,E,and I. Presently,the definition of Food Catering is: Food catering shall mean an establishment in which the principal use is the preparation of food and meals on the premises,and where such food and meals are delivered to another location for consumption." Staff proposes to amend this definition in the following manner: Tuesday,November 06,2001 Page 13 of 22 Food catering or small food product preparation shall mean an establishment in which the principal use is the preparation of food and/or meals on the premises,and where such food and/or meals are delivered to another location for consumption or distribution,and where such use shall not occupy more than 5,000 square feet in gross floor area." Related Code Revisions Ord Section Code Cite Revision Effect 41 4.12(B)(2)(c) Add small food processing as a permitted use. 43 4.13(B)(2)(c) Add small food processing as a permitted use. 45 4.14(B)(2)(c) Add small food processing as a permitted use. 47 4.15(8)(2)(c) Add small food processing as a permitted use. 49 4.16(B)(2)(c) Add small food processing as a permitted use. 51 4.17(B)(2)(c) Add small food processing as a permitted use. 53 4.18(B)(2)(c) Add small food processing as a permitted use. 55 4.19(B)(2)(c) Add small food processing as a permitted use. 58 4.20(B)(2)(c) Add small food processing as a permitted use. 57 4.21(B)(2)(c) Add small food processing as a permitted use. 58 4.22(B)(2)(c) Add small food processing as a permitted use. 62 4.23(B)(2)(c) Add small food processing as a permitted use. 68 5.1.2 Amend the definition of"Food catering'. 489 Consider adding "Enclosed Mini Storage" as a type 2 use in the E zone district. Problem Statement Staff has been approached by developers,enclosed mini-storage operators and moving companies about the lack of available land on which to develop Enclosed Mini-Storage Facilities. These contacts indicate that there is an unmet demand,particularly in the growing southeast area where newly developed businesses and dwelling units are located on smaller lots. The need of businesses is space for document storage. A G.I.S.analysis was performed to illustrate vacant parcels in those zone districts where Enclosed Mini- Storage Facilities would be permitted. The analysis reveals the following: *Under present zoning,there is no available vacant land in southeast Fort Collins,the direction of rapid residential growth. *By permitting the use in the E zone,there are still only a few available parcels. These are mostly in the Collindale and Horsetooth East Business Parks. The issue is whether or not we want a zoning system that precludes"Enclosed Mini- Storage"from one-fourth of the geographical area of the City. Or,conversely,do we want to provide the opportunity for a rough geographic distribution so as to serve the fast- growing southeast quadrant of the City. Based on feedback from the Planning and Zoning Board,there are design aspects of "Enclosed Mini-Storage"that need mitigation. Proposed Solution Overview Staff recommends adding Enclosed Mini-Storage Facilities,as a Type Two permitted use in the Employment zone district. These uses should also be considered"secondary"in Tuesday.November 06,2001 Page 14 of 22 that they support primary uses. Design mitigation measures should be implemented where they face public streets and residential neighborhoods. Section 4.22(B)(3)(c) 12. Enclosed mini-storage facilities. Section 4.22(D)(2) (v) Enclosed mini-storage facilities. Section 4.22(E)(3) Enclosed Mini-Storage Facilities. Where enclosed mini-storage facilities face a public street,the entire linear frontage along such street shall include only buildings designed for human occupancy,landscaping or accessory parking and drives. Related Code Revisions Ord Section Code Cite Revision Effect 59 4.22(B)(3)(c)12 Add Enclosed mini-storage facilities as a permitted use. 60 4.22(D)(2) (v) Add Enclosed mini-storage facilities as a permitted use. 61 4.22(E)(3) Add Enclosed mini-storage facilities as a permitted use. 490 Consider amending 3.6.6(D)(4)(g)to increase the minimum required turning radii for private emergency access roads from 20'inside&40'outside to 25'&50'. Problem Statement The Poudre Fire Authority has purchased larger fire equipment over the years that require more space to make turns. The current 80-foot diameter of a turnaround is now too small. Also,the old minimum turning radii,20-foot inside and 40-foot outside,must be increased as well. Currently the Street Standards include cul-de-sac requirements that do not meet the larger fire equipment needs Proposed Solution Overview The proposed solutions are to increase the diameter of the turnaround and the turn radii. Based upon analysis by PFA,the larger equipment requires a turnaround diameter of 100 feet and minimum turn radii of 25-foot inside and 50-foot outside. Related Code Revisions Ord.Section Code Cite Revision Effect 21 3.6.6(D)(0 and(g) Increase the minimum required turning radii. 491 Revise the "Moskowitz" definition of"Self-Service Storage Facility' to "Enclosed Mini- Storage" which matches our permitted land use in Art.4,and add to Art. 5. Problem Statement The LUC permits"enclosed mini-storage"in certain districts,however Article 5 does not contain a definition for such a use. Proposed Solution Overview Article 5.1.2 should be amended by adding a definition for Enclosed mini-storage as follows: Enclosed mini-storage shall mean a building containing separate,individual,and private storage spaces,which may be of varying sizes,and which are leased or rented on individual leases for varying periods of time. Related Code Revisions Ord Section Code Cite Revision Effect Tuesday,November 06,2001 Page 15 of 22 67 5.1.2 Add definition of"Enclosed Mini-Storage". , 492 Amend 2.2.6(C)and 2.9.4 to improve published notice for projects,text&map amendments to include more information on the subject matter and nature of zone changes. Problem Statement In the case of David G.Evans v.City of Fort Collins,(regarding Provincetowne)one of the arguments made by Evans was that the notice given by the City was inadequate. Although the Colorado Court of Appeals upheld the City in the Evans litigation,it did indicate that the City's notice was inadequate because it failed to make mention of the request for a variance. The Court of Appeals cited the case of Hallmark Builders and Realty v.City of Gunnison,in support of its position. (Even so,the court held that Mr. Evans had waived his right to claim defects in notice because he participated in the hearing and failed to object at that time). Proposed Solution Overview Staff proposes to revise and clarify the language contained in Section 2.2.6(C)and section 2.9.4 in order to bring the Land Use Code into better compliance with the Hallmark case. Related Code Revisions prd Section Code Cite Revision Effect 4 2.2.6(C) Clarity notice requirements. 8 2.9.4 Clarity notice requirements. 9 2.9.4(F)(2) Clarity notice requirements. 493 Repeal 2.2.3(D)regarding the annual posting with the City Clerk of the specific schedule of Type One&PZ hearings and Amendments to Text.Type Ones vary,PZ already posted, Amendments need flexibility. Delete the reference in 2.9.2. Problem Statement When we first wrote the Land Use Code,we thought we would hold Type I Hearings twice per month on certain specified days. In actual practice,however,it has been more customer-friendly to simply remain flexible by allowing Type I Hearings on any regular business day or evening of the week,as long as proper notification has been provided. With regard to Type II Hearings,these are the Planning and Zoning Board meetings for which the City Clerk is already notified at the beginning of every calendar year as to the set schedule. Also,based on past experience,there may be an occasion to re-schedule a Planning and Zoning Board Hearing due to conferences or other special events and having a set schedule in the Land Use Code may prohibit flexible re-scheduling. With regard to ZBA Hearings,the Clerk is again pre-notified at the beginning of each calendar year of the set schedule. With regard to Amendments to the Text,it seems practical and customer-friendly to retain maximum flexibility by simply not prescribing a set schedule at the beginning of the year. As to Amendments to the Zoning Map,Staff recommends retaining the"twice per calendar year"schedule as a logical method of controlling and organizing the re-zoning -process in an efficient manner. The recommended change would be to establish a two month window in the Spring and Fall during which the P&Z Board would hold rezoning hearings. Proposed Solution Overview Tuesday,November 06,2001 Page 16 of 22 Staff proposes the following revisions: 1.Repeal Section 2.2.3(D)as this requirement does not conform to current standard operating practice. 2. Amend 2.9.2 to delete the reference to 2.2.3(D). 3. Amend 2.9.2 to reflect a"window"for the"twice-per-year rezonings"to provide sufficient flexibility in case a specific hearing date is re-scheduled,continued or postponed. Related Code Revisions Ord Section Code Cite Revision£fleet 3 2.2.3(D) Revise Type 1 hearing posting requirements. 7 2.9.2 Revise Type 1 hearing posting requirements. 494 Consider amending 3.4.2 (air quality)to add a 1,000'buffer distance for habitable structures (g hours per day) from domestic,mechanical wastewater treatment plants to help comply with State law regarding future expansions. Problem Statement The Colorado Water Quality Control Division requires setbacks from domestic wastewater treatment works to habitable structures. This setback requirement is imposed upon wastewater utilities in the siting or construction of new or expanded wastewater treatment works. The purpose of this setback requirement is to aid in protecting persons from the health risks(as well as odors)that are presented by the aerosol drift from wastewater treatment works. Some wastewater treatment works produce an aerosol drift that can cause illness and can generate unpleasant odors. Although various types of land uses can could potentially coexist in close proximity to wastewater treatment works, habitable structures such as residential uses,office and commercial uses and other uses that would subject humans to long-term exposure to this aerosol drift should not be allowed. Proposed Solution Overview Amend Section 3.4.2(Air Quality)of the Land Use Code to read as follows: 3.4.3, Air Quality (A), General standard. The project shall conform to all applicable local,state and federal air quality regulations and standards,including,but not limited to those regulating odor,dust fumes or gases which are noxious,toxic or corrosive,and suspended solid or liquid particles. (B), Setbacks from domestic wastewater treatment works to habitable structures. Unless specifically authorized pursuant to the provisions of paragraph(C)below,the following minimum horizontal distances shall be maintained between wastewater treatment works and any residential use;any commercial/retail use except parking lots and parking garages(as principal use),frozen food lockers,enclosed mini-storage facilities; any industrial use except warehouses,recreational vehicle,boat and truck storage,composting facilities,outdoor storage facilities,junkyards,transport terminals and recycling facilities,resource extraction;any institutional/civic/public use except cemeteries,golf courses,public facilities,parks,recreation and other open lands,places of worship or assembly;and any accessory/miscellaneous uses except agricultural activities,farm animals,satellite dishes(greater than 39 inches in diameter),wireless telecommunications equipment and wireless telecommunications facilities. Tuesday,November 06,2001 Page 17 of 22 (1), Non-aerated lagoons:one thousand three hundred twenty(1,320)feet(3/4 mile). (2). Aerated lagoons containing less than two(2)total surface acres with no surface aeration:one hundred(100)feet. (3). Aerated lagoons containing greater than two(2)total surface acres and/or with surface aeration:one thousand(1,000)feet,or with established vegetation barriers, and/or walls,berms or other topographic features to reduce aerosol drift as approved pursuant to paragraph(C)below:five hundred(500)feet. . (4), Small mechanical plants with less than one hundred thousand(100,000)gpd capacity and all facilities with building enclosure:one hundred(100)feet. (5). All other mechanical plants:one thousand(1,000)feet. (C), Alternative compliance. Upon request by an applicant,the decision maker may approve an alternative setback distance that may be substituted for a setback distance meeting the standards of this Section. (1). Procedure. Alternative compliance setback plans shall be prepared and submitted in accordance with the submittal requirements for plans as set forth in this Section. The plan shall clearly identify and discuss the setback modifications proposed and the ways in which the plan will equally well or better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. (2). Review Criteria. To approve an alternative plan,the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the proposed alternative plan,the decision maker shall consider any mitigating factors that exist to counter the potential for odor problems and/or aerosol drift,including,without limitation,structural,chemical or technological mitigation occurring at the subject wastewater treatment works,established vegetation barriers and/or walls,berms,or other topographic features sufficient to serve as mitigation for odor problems and/or aerosol drift In order to assist the decision maker in evaluating the proposed mitigation factors,the Utilities General Manager shall submit a written recommendation regarding such mitigation factors which recommendation shall include the technical analysis and reasoning used in support of the Utilities General Manager's recommendation. Related Code Revisions Ord Section Code Cite Revision Effect 16 3.4.2 Add wastewater treatment facility buffer requirement. 495 Amend section 2.2.6(B)&(D)to revise the physical specifications of posted notice(green signs)for proposed developments. Problem Statement The signs currently used for public posting of development review submittals are expensive,cumbersome and difficult to transport. The process of posting the current signs can be hazardous. Additionally,the process of posting the current signs requires the time of two staff members. Proposed Solution Overview We would like to modify the current metal signs to a corrugated plastic material.Several Tuesday,November 06,2001 Page 18 of 22 other municipalities are using these corrugated plastic signs with success. The available sizes of the corrugated plastic signs vary from the sizes of the current metal signs. The"Supplemental Notice Requirements" in Section 2.2.6(d)should be amended by changing the sign size requirement as follows: (B)Posted Notice.The real property proposed to be developed shall also be posted with a sign,giving notice to the general public of the proposed development.For parcels of land exceeding ten(10)acres in size,two(2)signs shall be posted.The size of the sign(s)required to be posted shall be as established in the Supplemental Notice Requirements of Section 2.2.6(D).Such signs shall be provided by the Director and shall be posted on the subject property in a manner and at a location or locations reasonably calculated by the Director to afford the best notice to the public,which posting shall occur within fourteen(14)days following submittal of a development application to the Director. (D)Supplemental Notice Requirements. Minimum Notice Radius Sign Size All developments except as described below. 500 feet 4 square feet 5.4 square feet Developments proposing more than fifty(50)and less than one hundred(100)single- family or two-family lots or dwelling units. 750 feet 4 square feet 5.4 square feet Developments proposing more than twenty-five(25)and less than one hundred(100) multi-family dwelling units. 750 feet 4 square feet 5.4 square feet Nonresidential developments containing more than twenty-five thousand(25,000)and less than fifty thousand(50,000)square feet of floor area. 750 feet 4 square feet 5.4 square feet Developments proposing one hundred(100)or more single-family or two-family lots or dwelling units. 1,000 feet 12 square feet Developments proposing one hundred(100)or more multi-family dwelling units. 1,000 feet 12 square feet Nonresidential developments containing fifty thousand(50,000)or more square feet of floor area. 1 feet 122 square feet Tuesday,November 06,2001 Page 19 of 22 - y Nonresidential developments which propose land uses or activities which,in the judgment of the Director,create community or regional impacts. 1,000 feet;plus,with respect to neighborhood meetings,publication of a notice not less than seven(7)days prior to the meeting in a newspaper of general circulation in the city. 12 square feet Related Code Revisions Ord Section Code Cite Revision Effect 5 2.2.6(d) Revise sign specifications. 497 Take the street addressing section from the Uniform Fire Code and put into 3.6.6- "Emergency Access" since addressing is reviewed at P.D.P. stage and LUC is more user- friendly than the UFC. Problem Statement Section 3.6.6 is where most emergency access standards that relate to land development are found. Standards relating to street addressing,however,are found in the Uniform Fire Code which is not as familiar to most developers and consultants. Since street addressing is a primary issue that is reviewed during the P.D.P.stage of plan review,the LUC would be more user-friendly if it contained address standards. Proposed Solution Overview Add a new section 3.6.6(I) (I3) Approved numerals or addresses shall be provided for all new and existing buildings. They shall be positioned to be plainly visible and legible from the street or road fronting the property. If a fire lane is required,the address shall also be visible from the fire lane. Related Code Revisions Ord Secdon Code Cite Revision Effect 22 3.6.6(H) Add street addressing standards. 499 Amend the T zone-4.9(B)(1)(a)2 and(b) -by deleting the reference to non-conforming uses and clarifying the criteria under which ZBA may grant variances. Problem Statement In the Transition District,the only permitted use is the use which existed at the time of the zoning,except that the City Council may grant a variance to enlarge an existing structure under certain criteria. The problem is in the criteria which limits the Council to granting a variance only upon a finding that the strict application of the Land Use Code"relating to nonconforming uses"would result in exceptional hardship. Since there are no "nonconforming uses"in the T District uses which are grandfathered in as having pre- existed to zoning,the reference to nonconforming uses in the variance language is both confusing and limiting. It should be deleted. Likewise,the language in the T District authorizing the ZBA to grant variances after the property has already been placed into the district by the Council is confusing when it imposes a obligation upon the ZBA to grant it variances not only in accordance with Division 2.10(which the ZBA is well accustomed to)but also subject to the Council provisions which are applicable only at the time of initial zoning. The ZBA should be governed only by Division 2.10. Proposed Solution Overview Tuesday,November 06,2001 Page 20 of 22 Change Section 4.9(B)(1)(a)2.of the Land Use Code to clarify treatment of non- conforming uses. Change Section 4.9(B)(1)(b)of the Land Use Code as to clarify ZBA variance criteria. Related Code Revisions Ord Section Code Cite Revision Effect 38 4.9(B)(1)(a)2 Clarity non-conforming uses in the T District. 39 4.9(B)(1)(b) Clarify variance processes in the T district. 500 Clarify 4.4(D)(3)(b)-Neighborhood Centers-with retail or restaurant uses -so the spacing requirement of 3/4 mile along an arterial is made more clear. Problem Statement Clarification of language in Division 4.4(13)(3)(b). This section contains language indicating that"neighborhood centers with retail uses or restaurants located on arterial streets shall be spaced at least 3/4 mile apart". This language might be interpreted to mean that if the restaurant is not located on the arterial street,even though it is in a neighborhood center which is located on an arterial street,then the spacing requirement does not apply. This was not the intent of the language and the proposal is to clarify that intent. Proposed Solution Overview Change Section 4.4(D)(3)(b) to clarify the Neighborhood Center spacing requirement. Related Code Revisions Ord Section Code Cite Revision Effect 26 4.4(D)(3)(b) Clarify Neighborhood Center spacing requirement. 501 Clarify 1.4.7(B) so it reads less awkwardly and less vague. Problem Statement Section 1.4.7(B)contains some language which,upon close examination,is a bit vague and awkwardly worded. The proposal is to clarify the language for ease of interpretation. The most substantive changes occurring,the change is purely grammatical. Proposed Solution Overview Clarify the language of Section 1.4.7(B). Related Code Revisions Ord Section Code Cite Revision Effect 2 1.4.7(B) Clarify language. 504 Amend 4.12(D)(2)by deleting the reference to "12 stories" in the Canyon Avenue and Civic Center sub-districts but retaining the 168 feet maximum. This provides flexibility in floor-to- ceiling heights where there are changes in site grade. Problem Statement A recent request for a Land Use Code Interpretation has prompted staff to reevaluate the 12 story building height limitation within two downtown sub-districts. Present Code language(Section 4.12(D)(2))gives a maximum building height of"12 stories not to exceed 168 feet." Proposed Solution Overview Tuesday,November 06,2001 Page 21 of 22 Staff proposes elimination of the 12-story limit while maintaining the maximum building height of 168 feet. This change will provide greater flexibility in floor-to-ceiling heights and in those instances where changes in site grade provide practical difficulties. Related Code Revisions Ord Section Code Ciu Revision Effect 42 4.12(D)(2) Refine definition of height limits. Tuesday,November 06,2001 Page 22 of 22