HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2001 - FIRST READING OF ORDINANCE NO. 20, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 18
FORT COLLINS CITY COUNCIL DATE: February 6, 2001STAFF•
Ted Shepard
SUBJECT:
First Reading of Ordinance No. 20, 2001, Amending the Definition of "Street" as Contained in
Section 5.1.2 of the Land Use Code.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Staff has identified a discrepancy in the Land Use Code between the definition of "Street" as
presently stated in Section 5.1.2 and in the provisions relating to the administration of the Sign Code
in Section 3.8.7. The Ordinance would clarify the definition and resolve this discrepancy. This
change is recommended now outside the regular biannual Code Revision process due to the urgent
need to clarify the Land Use Code.
BACKGROUND:
The Land Use Code definition of the term"Street'has been amended several times since 1997 based
on the recommendation of the City Engineering Department. Unfortunately,staff did not realize this
created a conflict with the Sign Code use of the term"Street' until the issue was raised by a recent
application.
The current Land Use Code definition defines"Street'very broadly to include private access drives.
This definition was crafted by the Engineering Department and suits its purposes very well,
especially in terms of identifying off-site improvements for development projects.
This broad definition, however, runs counter to the longstanding interpretation of the Sign Code.
Prior to 1997,the definition of"Street'clearly pertained to public right-of-way only and not private
access drives. This pre-1997 definition was consistent with intent of the wording of the Sign Code
relative to such things as permitting one canopy sign per street frontage,sign allowance based on lot
frontage (when used in conjunction with the definition of"front lot line,"which is the property line
dividing a lot from a street), and the sign allowance based on"building frontage" as set forth in the
Sign Code [Section 3.8.7(D)(6)].
The intent has never been to consider dedicated access easements or parking lot drive aisles as
"streets" for the purpose of calculating sign allowance or placement of signs. The recommended
'1 change is to add the clause:
DATE: February 6, 2001 2 ITEM NUMBER: 18
... "provided,however,that with respect to the application of Section 3.8.7(Signs),
the term street shall only mean a dedicated public right-of-way(other than an alley)
used or intended to be used for carrying motorized vehicular traffic."
The Planning and Zoning Board will consider this item at its February 1, 2001 meeting.
ORDINANCE NO. 20, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE DEFINITION OF "STREET" AS CONTAINED IN
SECTION 5.1.2 OF THE LAND USE CODE
WHEREAS,the definition of the term"street"as contained in Section 5.1.2 of the Land Use
Code has been amended since the adoption of the Land Use Code in order to better enable the City
to administer the Land Use Code with respect to engineering standards; and
WHEREAS, the amendment of that definition has resulted in some unforseen, undesirable
and unintended consequences with respect to the administration of the City's sign code as contained
in Section 3.8.7 of the Land Use Code; and
WHEREAS, the Council has determined that the definition of the term "street" should be
further amended to accommodate its proper application with respect to both engineering matters and
sign code matters.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the definition of"street" as contained in Section 5.1.2 of the Land Use Code be and
hereby is amended to read as follows:
Street shall mean a public way (whether publicly or privately owned) used or
intended to be used for carrying vehicular, bicycle and pedestrian traffic and shall
include the entire area within the public right-of-way and/or public access easemenC
pray{mod,how ,that:.wtth teleato did plretarrzs tectgll y I
terraistreet sEii II only nieatt d�Iet
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or intended to be used far carryin aliicias i fraffc.
Introduced and considered favorably on first reading and ordered published this 6th day of
February, A.D. 2001, and to be presented for final passage on the 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk