HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/18/2017 - FIRST READING OF ORDINANCE NO. 059, 2017, MAKING VAgenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY April 18, 2017
City Council
STAFF
Ted Shepard, Chief Planner
SUBJECT
First Reading of Ordinance No. 059, 2017, Making Various Amendments to the Land Use Code.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code
that have been identified since the last update in December 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March of 1997. Subsequent revisions have been recommended on a
regular basis to make changes, additions, deletions and clarifications that have been identified since the last
update. 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. A summary of the proposed amendments
is attached.
The proposed revisions related to minor changes of use, which includes an increase in the timeframe during
which a discontinued legal non-conforming use would be grandfathered from one year to two years, was a
specific topic of discussion with the Planning and Zoning Board at multiple work sessions leading up to its
recommendation hearing. As further explanation, and as noted in the written materials, staff worked with the
ad hoc Development Review Advisory Committee and the Northern Colorado Commercial Association of
Realtors to derive the proposed abandonment period.
The fundamental objective is to craft a change of use process that is not so onerous so as to discourage
tenant changeover and thus perpetuate blighted conditions. Rather, it is in the public interest to allow modest
incremental building and site improvements versus waiting for a major redevelopment to occur, if ever.
Allowing a variety of tenants to lease older commercial buildings gives the owner more opportunities to invest
in improvements. In the past, owners would hang on to under-performing tenants by being reluctant to enter
into the City’s change of use process. Finally, with today’s complexity in obtaining financing, signing new
leases, and scheduling contractors for both building and site work, one year was seen as too limiting.
CITY FINANCIAL IMPACTS
One of the proposed changes would add Light Industrial Uses and Research Laboratories as permitted uses in
the C-L, Limited Industrial, zone district subject to Administrative (Type One) Review. These additions allow
the Land Use Code to respond to current market trends and further enable economic activity.
BOARD / COMMISSION RECOMMENDATION
At its March 16, 2017 meeting, the Planning and Zoning Board considered the proposed revisions and took
Agenda Item 17
Item # 17 Page 2
two specific actions:
1. Voted unanimously to recommend to City Council approval of all but one of the changes.
2. Voted 3-2 to recommend to City Council approval of the change related to the establishment of Community
Based Shelter Services as an Accessory Use.
Regarding the Board’s discussion about Community Based Shelter Services, the two members who voted in
the negative expressed concern about the lack of notification to the surrounding property owners and that the
transportation element was not codified. Those voting in the affirmative were comfortable with the proposed
code revision as written and with the responses to questions from staff of the Social Sustainability Department
regarding notice and transportation.
Discussion Summary:
Notification - With this proposed change, there will be three types of shelters, Homeless Shelter, Seasonal
Overflow Shelters and the proposed Community Based Shelter. For the first two, public notice is required.
For the proposed facility, however, notice is not required because:
o Community Based Shelters are smaller (maximum capacity - 15);
o Persons and families are screened by Catholic Charities;
o Hours are limited to 10:00 pm to 6:00 am;
o Transportation is provided to and from the facility; and
o Per the Nashville, TN experience, staff anticipates that over the long term, there will be
multiple facilities that will be widely distributed throughout the community. At this broad
community scale, staff contends that any perceived neighborhood impact will be mitigated by
the relatively minor scope of each facility and established operational procedures.
Transportation - With this proposed change, transportation is not necessary to be codified because this
aspect will be covered by an Operators Agreement between the designated operator, anticipated to be
Catholic Charities, and the City of Fort Collins. These facilities will only be accessible for persons and
families to be transported by the designated operator, and codifying this aspect would be redundant.
PUBLIC OUTREACH
All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning
Board at its various work sessions during the latter part of 2016. The proposed revisions were listed on “This
Week in Development Review,” the weekly online notice that is posted on the website and sent to
approximately 820 subscribers. The items were then noted on the “Agenda” notice for the March Planning and
Zoning Board public hearing, and then post-hearing, listed again under “Recent Outcomes.” More specifically,
for the item related to Abandonment and Changes of Use, staff engaged in numerous outreach and feedback
meetings with the Development Review Advisory Committee and the Fort Collins Commercial Brokers
Association.
ATTACHMENTS
1. Land Use Code Issues List 2017 (PDF)
2. Annotated Issues Summary (PDF)
3. Annotated Ordinance Index (PDF)
4. Planning and Zoning Board minutes, March 16, 2017 (PDF)
5. Powerpoint presentation (PDF)
ATTACHMENT 1
ATTACHMENT 2
Monday, April 10, 2017 Page 1 of 4
Land Use Code Revisions
Annotated Ordinance Index
Ord. Section # Code Cite Revision Effect Issue
2 1.5.3 Extends the allowable abandonment period from 12 to 24 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
months. Changes of Use - to clarify the Change of Use process
and provide a revised definition.
3 1.6.7 Extends the allowable abandonment from 12 - 24 months. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
4 2.2.10 Clarifies the Change of Use process. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
5 2.1.2(D) Adds a reference for Basic Development Review. 1045 Amend 2.1.2(D) & (E) Overview of Development
Review Procedures - to add Basic Development
Review to the explanation of development applications.
5 2.1.2(E) Adds a refernece for Basic Development Review. 1045 Amend 2.1.2(D) & (E) Overview of Development
Review Procedures - to add Basic Development
Review to the explanation of development applications.
6 3.2.2[C](6) Adds specificity for making connections to trails. 1050 Amend 3.2.2(C)(6, 7) - On-site and Off-site Access to
Pedestrian and Bicycle Destinations - and 3.4.8(C) -
Parks and Trails - to explicity include connections
between new development and existing or planned
regional trails or regional trail spurs.
ATTACHMENT 3
Monday, April 10, 2017 Page 2 of 4
Ord. Section # Code Cite Revision Effect Issue
6 3.2.2[C](7) Adds a specific reference to trails for bike and ped
connections.
1050 Amend 3.2.2(C)(6, 7) - On-site and Off-site Access to
Pedestrian and Bicycle Destinations - and 3.4.8(C) -
Parks and Trails - to explicity include connections
between new development and existing or planned
regional trails or regional trail spurs.
7 3.2.2(K)(1)(a)1.a. Adds Bike Share as an optional demand strategy. 1059 Amend 3.2.2(K)(1)(a)1.a. - Demand Mitigation
Strategy for Multi-Family and Mixed-Use Dwellings in
the TOD - to add the City's Bike Share Program to the
list of options to reduce the number of minimum
required parking.
8 3.4.8[C] Adds broader criteria for making bike & ped trail
connections.
1050 Amend 3.2.2(C)(6, 7) - On-site and Off-site Access to
Pedestrian and Bicycle Destinations - and 3.4.8(C) -
Parks and Trails - to explicity include connections
between new development and existing or planned
regional trails or regional trail spurs.
9 3.5.2(G)(1)(a) Allows an extra 5 feet of Multi-Family garage length. 1055 Amend 3.5.3(G)(1)(a) - Rear Walls of Multi-Familly
Garages - Perimeter Garages - to increase the allowable
length from 55 to 60 feet.
10 3.8.1(16) Adds Community Based Shelter Services as anAccessory
Use.
1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
11 3.8.25(A) Extends the allowable abandonment from 12 to 24 months. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
12 3.8.30(A) Multi-Family in TOD no longer exempt from openspace
and setback standards.
1060 Amend 3.8.30(A) - Multi-Family Development
Standards & 4.10(D)(2) - H-M-N Dimensional
Standards - to remove exemptions for outdoor space
and minimum setbacks to reinstate outdoor space and
clarify terracing requirements.
12 3.8.30[C] Establishes a sliding scale for Multi-Family open space
based on project size.
1052 Amend 3.8.30(C) - Access to Park, Central Feature
and Gathering Space - to adjust the amount of land
area needed within a multi-family project so that it is
proportional based on the size of the project.
13 4.5(B)(2)(a)4. Adds Two-Family Attached as a Type 1 permitted use inL-
M-N
1043 Amend L-M-N and M-M-N Permitted Uses and
Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
Monday, April 10, 2017 Page 3 of 4
Ord. Section # Code Cite Revision Effect Issue
14 4.5(D)(1)(b) Allows up to 20 acres in L-M-N to be at 12 d.u./a for 1040 Amend Section 4.5(D)(1)(b) - LMN Density -
affordable housing. Affordable Housing - to increase the maximum
allowable acreage from 10 to 20 acres that allows up to
12 d.u./gross acre but with a higher degree of pulbic
benefit.
15 4.5(D)(2)[c] Adds Two-family Attached to the mix of housing types in 1043 Amend L-M-N and M-M-N Permitted Uses and
L-M-N. Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
16 4.6(B)(2)(a) Adds Two-family Attached as a Type 1 permitted use in 1043 Amend L-M-N and M-M-N Permitted Uses and
M-M-N.. Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
17 4.10(D)(2)[c] Re-establishes minimum required setbacks in H-M-N. 1060 Amend 3.8.30(A) - Multi-Family Development
Standards & 4.10(D)(2) - H-M-N Dimensional
Standards - to remove exemptions for outdoor space
and minimum setbacks to reinstate outdoor space and
clarify terracing requirements.
18 4.16(D)(5)(e) Allows fiber cement siding exteriors in Downtown. 1053 Amend 4.16(D)(5)(e) - Downtown Canyon Avenue
and Civic Center Districts - Building Character and
Facades - to add architectural fiber cement siding as an
acceptable exterior material for buildings.
19 4.24(B)(2) Adds two Type 1 permitted uses to C-L, Riverside Area. 1027 Amend 4.24(B) - C-L Zone Permitted Use List -
Riverside Area - to add Light Industrial Uses and
Research Laboratories as Type 1 uses as these are
similar in scope to other permitted uses in the along
Riverside Avenue.
20 5.1.2 Amends the definition of Change of Use. 1042 Amend 1.5.3, 1.6.7 and 2.2.10 - Abandonment and
Changes of Use - to clarify the Change of Use process
and provide a revised definition.
21 5.1.2 Adds a new definition for Community Based Shelter 1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Services. Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
Monday, April 10, 2017 Page 4 of 4
Ord. Section # Code Cite Revision Effect Issue
22 5.1.2 Adds a definition for Two-family Attached Dwellings. 1043 Amend L-M-N and M-M-N Permitted Uses and
Housing Types - to add a new type of dwelling - Two-
Family Attached, a combination of Single Family
Attached and Two Family Dwelling, to enrich the mix
of housing choices in neighborhoods.
23 5.1.2 Amends the definitions of Group Home & Large Group 1044 Amend the two definitions for Group Homes to add
Care Facility. flexibility to allow such faciliies when not licensed or
operated by a government agency.
24 5.1.2 Amends the definition of Homeless Shelters. 1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
25 5.1.2 Amends the definition of Seasonal Overflow Shelters. 1039 Clarify Sections 3.8.1 & 3.8.33 - Seasonal Overflow
Shelters - to establish Community-Based Shelter
Services as an option to allow flexible & temporary
overnight shelter as an Accessory Use to Places of
Worship and Clubs and Lodges on a city-wide basis.
Jeff Schneider, Chair
City Council Chambers
Jeff Hansen, Vice Chair City Hall West
Jennifer Carpenter 300 Laporte Avenue
Emily Heinz Fort Collins, Colorado
Michael Hobbs
Ruth Rollins Cablecast on FCTV Channel 14 &
William Whitley Channel 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs,
and activities and will make special communication arrangements for persons with disabilities. Please
call 221-6515 (TDD 224-6001) for assistance.
Regular Hearing
March 16, 2017
Member Schneider called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Hobbs, Rollins, Schneider, and Whitley
Absent: Hansen and Heinz
Staff Present: Gloss, Leeson, Yatabe, Shepard, Holland, Frickey, Langenberger, Branson, Lorson,
Mapes, Wilkinson, Hahn, Ragasa, Thiel and Cosmas
Project: 2017 Annual Revisions, Clarifications and Additions to the Land Use Code
Project Description: This is a request for a Recommendation to City Council regarding the annual
update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code
that address a variety of subject areas that have arisen since the last annual update in 2015.
Recommendation: Approval
Secretary Cosmas reported that, since the work session, Staff submitted a memo to the P&Z Board to
clarify the proposed LUC revision pertaining to community-based shelters.
Planning and Zoning
Board Minutes
ATTACHMENT 4
Planning & Zoning Board
March 16, 2017
Page 2
Staff Presentation
Chief Planner Shepard stated that he has no formal presentation, and the code changes can be
approved in total or individually. He discussed the memo on the Community-Based Shelters.
Public Input (3 minutes per person)
None noted.
Board Deliberation
Member Carpenter requested that item #1039 be pulled from the list and discussed separately.
Member Hobbs made a motion that the Planning and Zoning Board recommend to City Council
approval of the 2017 Annual Revisions, Clarifications and Additions to the Land Use Code, with
the exception of item #1039, based upon the findings of fact contained in the staff report that is
included in the agenda materials for this hearing and the board discussion on this item. Member
Whitley seconded. Vote: 5:0.
Member Carpenter stated that she cannot support item #1039, Community-Based Shelter services, due
to the transient problems facing the City and the possibility of having unregulated shelters staffed by
volunteers. Chief Planner Shepard stated that the intent is to add to the menu of the homeless shelters
by creating more options by working with faith-based partners. The City currently has two types of land
uses to support this service: homeless shelters and seasonal overflow shelters. The proposed use
would be the third. Jackie Theil, Chief Sustainability Officer with the City, introduced the “Safe Place to
Rest” program, saying that there is no perfect solution for sheltering overnight. She is using a program
developed in Nashville, TN, as a model, citing the community-wide involvement for these issues that will
require creative solutions, especially when trying to provide temporary, flexible, and rotating options for
the homeless population. One stipulation is that there must be transportation to and from the shelter in
order to reduce impacts on neighborhoods. She feels this is a good overall complement to the current
overflow shelter system, and she has spent a significant amount of time contacting various churches to
obtain support.
Member Whitley is concerned with the lack of notification of neighbors. Member Carpenter reminded the
group that there are seasonal overflow shelters for cold nights; she is concerned with the lack of City
monitoring for this proposed program. Ms. Theil clarified that this program would be running between
November through April only; while there are cost implications for seasonal overflow, this program would
complement the original seasonal overflow program when it isn’t available. She also commented that
there will be ample City involvement (coordination oversight, budgeting, etc.). Ms. Theil stated that this
year will be a pilot program and then there will be an analysis of the program in order to determine future
needs. Chief Planner Shepard indicated that the City is trying to be proactive with establishing an
approved use, rather than waiting until a need arises and then having to go to City Council with an
emergency ordinance when the weather gets cold.
Member Carpenter will not support this program. Member Hobbs will support the program, saying be
feels that having another option for the homeless population is a good thing. Member Whitley will also
support this. Member Rollins asked for the language of the ordinance; Chief Planner Shepard read the
ordinance language, including a third distinct definition for community-based shelters as accessory uses.
Member Rollins asked if the transportation to and from the facility would be codified; Chief Planner
Shepard replied that transportation is not codified.
Planning & Zoning Board
March 16, 2017
Page 3
Member Whitley made a motion that the Planning and Zoning Board recommend to City Council
approval of the item #1039 of the Land Use Code, based upon the findings of fact contained in the
staff report that is included in the agenda materials for this hearing and the board discussion on
this item. Member Hobbs seconded. Chair Schneider will be supporting this change. Vote: 3:2, with
Members Carpenter and Rollins dissenting.
Other Business
None noted.
The meeting was adjourned at 11:09pm.
Cameron Gloss, Planning Director Jeff Schneider, Chair
1
Land Use Code Amendments
Annual Revisions – Spring - 2017
4-18-17
ATTACHMENT 5
Change of Use Regulations 2
City of Fort Collins
3/18/2017
Thresholds
3
Health & Life
Safety
•ADA
•Hazardous Materials
Storage
Removing Blight
•Zoning Violations
•Lack of Street edge
Landscaping
•Non-conforming Signs
Perpetuating
Infrastructure
System
•Public Sidewalk
Extensions
•Curb and Gutter
Site Improvements
•Connecting Walkways
•Landscaped Parking
areas
Low Priority Site
Improvements
•LID
•Rear and Side Facades
Community Based Shelter Services
Locally called Safe Place to Rest
Based on Room in the Inn, Nashville, TN
Community and Mission Driven Response:
• Provides opportunity to serve Citywide
• Flexible – sites may be added or reduced as needed
• Defined as an Accessory Use
• Minimal impact: transportation provided; max 15
• Complements Homeless Shelter & Seasonal Overflow Shelter
Safe Place to Rest Community Partners
Peak Community Church
Knights of Columbus
Geller Center
CSU RamRide
Vineyard Church of the
Rockies
City Operation Services (van)
Catholic Charities
Fort Collins Rescue Mission
CSU Slice/FRCC (student
volunteers)
University of Colorado
Health (linens)
Homeless Gear
(supplies/web hosting)
United Way
Interfaith Council
JustServe.org
Sierra Trading - donor
5
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ORDINANCE NO. 059, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE
CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted 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 the City 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, City staff 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 City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 1.5.3 of the Land Use Code is hereby amended to read as
follows:
1.5.3 - Abandonment of Use
If active operations are not carried on in a nonconforming use during a period of twelve
(12) twenty-four (24) consecutive months, the building, other structure or tract of land
where such nonconforming use previously existed shall thereafter be occupied and used
only for a conforming use. Intent to resume active operations shall not affect the
foregoing. A nonconforming home occupation business activity shall be considered to
be abandoned if the occupants of the dwelling who were conducting such
nonconforming home occupation business discontinue either their occupancy of the
dwelling or the nonconforming home occupation.
Section 3. That Section 1.6.7 of the Land Use Code is hereby amended to read as
follows:
1.6.7 - Abandonment of Use
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If active operations are not carried on in an existing limited permitted use during a
period of twelve (12) twenty-four (24) consecutive months, the building, other structure
or tract of land where such existing limited permitted use previously existed shall
thereafter be occupied and used only for a permitted use. Intent to resume active
operations shall not affect the foregoing.
Section 4. That Section 2.2.10(A) of the Land Use Code is hereby amended to read
as follows:
2.2.10 - Step 10: Amendments and Changes of Use
(A) Minor Amendments and Changes of Use. (1) Minor amendments to any approved
development plan, including any Overall Development Plan or Project Development
Plan, any site specific development plan, or the existing condition of a platted
property;, and (2) Cchanges of use, either of which meeting the applicable criteria of
below subsections 2.2.10(A)(1) or 2.2.10(A)(2), may be approved, approved with
conditions, or denied administratively by the Director and may be authorized without
additional public hearings. Such minor amendments and changes of use may be
authorized by the Director as long as the development plan, as so amended, continues to
comply with the standards of this Code to the extent reasonably feasible. Minor
amendments and changes of use shall only consist of any or all of the following:
(1) Any change to any approved development plan or any site specific development
plan which was originally subject only to administrative review and was
approved by the Director, or any change of use of any property that was
developed pursuant to a basic development review or a use-by-right review
under prior law; provided that such change would not have disqualified the
original plan from administrative review had it been requested at that time; and
provided that the change or change of use complies with all of the following
criteria applicable to the particular request for change or change of use:
. . .
(g) In the case of a change of use of any property that was developed
pursuant to a basic development review or use-by-right review under
prior law, the change of use results in the site building and parcel of
ground upon which the building is located being brought into
compliance, to the extent reasonably feasible as such extent may be
modified pursuant to below subsection 2.2.10(A)(3), with the applicable
general development standards contained in Article 3 and the applicable
district standards contained in Article 4 of this Code.
. . .
(3) Waiver of Development Standards for Changes of Use.
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(a) Applicability. The procedure and standards contained in this Section
shall apply only to changes of use reviewed pursuant to Section
2.2.10(A) of this Code.
(b) Purpose. In order for a change of use to be granted pursuant to Section
2.2.10(A), the change of use must result in the site being brought into
compliance with all applicable general development and zone district
standards to the extent reasonably feasible. The purpose of this Section
is to allow certain changes of use that do not comply with all general
development standards to the extent reasonably feasible to be granted
pursuant to Section 2.2.10(A) in order to:
1. Foster the economic feasibility for the use, maintenance and
improvement of certain legally constructed buildings and sites which do
not comply with certain Land Use Code General Development Standards
provided that:
a. Existing blight conditions have been ameliorated; and
b. Public and private improvements are made that address
essential health and life safety issues that are present on-
site.
2. Encourage the eventual upgrading of nonconforming buildings,
uses and sites.
(c) Review by Director. As part of the review conducted pursuant to Section
2.2.10(A) for a proposed change of use, the Director may waive, or
waive with conditions, any of the development standards set forth in
subsection (d) below. In order for the Director to waive, or waive with
conditions, any such development standard, the Director must find that
such waiver or waiver with conditions would not be detrimental to the
public good and that each of the following is satisfied:
1. The site for which the waiver or waiver with conditions is granted
satisfies the policies of the applicable Council adopted subarea,
corridor or neighborhood plan within which the site is located;
2. The proposed use will function without significant adverse impact
upon adjacent properties and the district within which it is located
in consideration of the waiver or waiver with conditions;
3. Existing blight conditions on the site are addressed through site
clean-up, maintenance, screening, landscaping or some
combination thereof; and
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4. The site design addresses essential health and public safety
concerns found on the site.
(d) Eligible Development Standards. The Director may grant a waiver or
waiver with conditions for the following general development standards:
1. Sections 3.2.1(4), (5) and (6) related to Parking Lot Perimeter and
Interior Landscaping, and connecting walkways.
2. Section 3.2.2 (M) Landscaping Coverage.
3. Section 3.2.4 Site Lighting, except compliance with minimum
footcandle levels described in 3.2.4(C).
4. Section 3.2.5 Trash and Recycling Enclosure design.
5. Section 3.3.5 Engineering Design standards related to water quality
standard, including Low Impact Development.
(34) Referral. In either subsection (1) or (2) above, the Director may refer the
amendment or change of use to the Administrative Hearing Officer or Planning
and Zoning Board. The referral of minor amendments to development plans or
changes of use allowed or approved under the laws of the City for the
development of land prior to the adoption of this Code shall be processed as
required for the land use or uses proposed for the amendment or change of use as
set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in
which the land is located. The referral of minor amendments or changes of use to
project development plans or final plans approved under this Code shall be
reviewed and processed in the same manner as required for the original
development plan for which the amendment or change of use is sought, and, if so
referred, the decision of the Hearing Officer or Planning and Zoning Board 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 or
change of use.
(45) Appeals. Appeals of the decision of the Director regarding the approval, approval
with conditions or denial of, a change of use, or a minor amendment of any
approved development plan, site specific development plan, or the existing
condition of a platted property, shall be to the Planning and Zoning Board. Any
such appeal shall be taken by filing a notice of appeal of the final decision with
the Director within fourteen (14) days after the action that is the subject of the
appeal. The decision of the Planning and Zoning Board on such appeals shall
constitute a final decision appealable pursuant to Section 2.2.12 (Step 12).
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Section 5. That Section 2.1.2 (D) and (E) of the Land Use Code are hereby amended
to read as follows:
(D) Who reviews the development application? Once an applicant has determined the
type of development application to be submitted, he or she must determine the
appropriate level of development review required for the development
application. To make this determination, the applicant must refer to the provisions
of the applicable zone district in Article 4 and the provisions pertaining to the
appropriate development application. These provisions will determine whether the
permitted uses and the development application are subject to basic development
review, administrative review ("Type 1 review") or Planning and Zoning Board
review ("Type 2 review"). Identification of the required level of development
review will, in turn, determine which decision maker, the Director in the case of
administrative review ("Type 1 review"), or the Planning and Zoning Board in the
case of Planning and Zoning Board review ("Type 2 review"), will review and
make the final decision on the development application. When a development
application contains both Type 1 and Type 2 uses, it will be processed as a Type 2
review.
(E) How will the development application be processed? The review of overall
development plans, project development plans and final plans will each generally
follow the same procedural "steps" regardless of the level of review
(administrative review or Planning and Zoning Board review). The common
development review procedures contained in Division 2.2 establish a twelve-step
process equally applicable to all overall development plans, project development
plans and final plans.
The twelve (12) steps of the common development review procedures are the
same for each type of development application, whether subject to basic
development review, administrative review or Planning and Zoning Board review,
unless an exception to the common development review procedures is expressly
called for in the particular development application requirements of this Land Use
Code. In other words, each overall development plan, each project development
plan and each final plan will be subject to the twelve-step common procedure.
The twelve (12) steps include: (1) conceptual review; (2) neighborhood meeting;
(3) development application submittal; (4) determination of sufficiency; (5) staff
report; (6) notice; (7) public hearing; (8) standards; (9) conditions of approval;
(10) amendments; (11) lapse; and (12) appeals.
However, Step 1, conceptual review, applies only to the initial development
application submittal for a development project (i.e., overall development plan
when required, or project development plan when an overall development plan is
not required). Subsequent development applications for the same development
project are not subject to Step 1, conceptual review.
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Moreover, Step 2, neighborhood meeting, applies only to certain development
applications subject to Planning and Zoning Board review. Step 2, neighborhood
meeting, does not apply to development applications subject to basic development
review or administrative review. Step 3, application submittal requirements,
applies to all development applications. Applicants shall submit items and
documents in accordance with a master list of submittal requirements as
established by the City Manager. Overall development plans must comply with
only certain identified items on the master list, while project development plans
must include different items from the master list and final plans must include
different items as well. This master list is intended to assure consistency among
submittals by using a "building block" approach, with each successive
development application building upon the previous one for that project. City staff
is available to discuss the common procedures with the applicant.
Section 6. That Section 3.2.2(C)(6) and (7) of the Land Use Code is hereby amended
to read as follows:
(6) Direct On-Site Access to Pedestrian and Bicycle Destinations. The on-site
pedestrian and bicycle circulation system must be designed to provide, or
allow for, direct connections to major pedestrian and bicycle destinations
including, but not limited to, trails, parks, schools, Neighborhood Centers,
Neighborhood Commercial Districts and transit stops that are located
either within the development or adjacent to the development as required,
to the maximum extent feasible. The on-site pedestrian and bicycle
circulation system must also provide, or allow for, on-site connections to
existing or planned off-site pedestrian and bicycle facilities at points
necessary to provide direct and convenient pedestrian and bicycle travel
from the development to major pedestrian destinations located within the
neighborhood. In order to provide direct pedestrian connections to these
destinations, additional sidewalks or walkways not associated with a
street, or the extension of astreet sidewalks, such as from the end of a cul-
de-sac, or other walkways within the development, to another street or
walkway, may be required as necessary to provide for safety, efficiency
and convenience for bicycles and pedestrians both within the development
and to and from surrounding areas.
(7) Off-Site Access to Pedestrian and Bicycle Destinations. Off-site pedestrian
or bicycle facility improvements may be required in order to comply with
the requirements of Section 3.2.2(E)(1) (Parking Lot Layout), and Section
3.6.4 (Transportation Level of Service Requirements), or as necessary to
provide for safety, efficiency and convenience for bicycles and pedestrians
both within the development and to and from surrounding areas.
Section 7. That the table contained in Section 3.2.2(K)(1)(a)1.a is hereby amended to
read as follows:
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a. Multi-family dwellings and mixed-use dwellings within the Transit-
Oriented Development (TOD) Overlay Zone may reduce the required
minimum number of parking spaces by providing demand mitigation
elements as shown in the following table:
Demand Mitigation Strategy** Parking Requirement Reduction***
. . . . . .
Participation in the City’s Bike Share Program Based on Approved Alternative Compliance
. . .
. . .
Section 8. That Section 3.4.8(C) of the Land Use Code is hereby amended to read as
follows:
3.4.8 Parks and Trails
. . .
(C) General Standard . All development plans shall provide for, or accommodate or
otherwise connect to, either on-site or off-site, the parks and trails identified in the
Parks and Recreation Policy Plan Master Plan that are associated with the
development plan.
Section 9. That Section 3.5.2(G)(1)(a) of the Land Use Code is hereby amended to
read as follows:
(G) Rear Walls of Multi-Family Garages. To add visual interest and avoid the effect
of a long blank wall with no relation to human size, accessibility needs or internal
divisions within the building, the following standards for minimum wall
articulation shall apply:
(1) Perimeter Garages.
(a) Length. Any garage located with its rear wall along the perimeter
of a development and within sixty-five (65) feet of a public right-
of-way or the property line of the development site shall not
exceed fifty-five (55)sixty (60) feet in length. A minimum of seven
(7) feet of landscaping must be provided between any two (2) such
perimeter garages.
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Section 10. That Section 3.8.1 of the Land Use Code is hereby amended to read as
follows:
3.8.1 - Accessory Buildings, Structures and Uses
Accessory buildings, structures and uses (when the facts, circumstances and context of
such uses reasonably so indicate) may include but are not limited to the following:
. . .
(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 City
Code) in one (1) calendar year.;
(15) hoop houses.;
(16) community based shelter services.
Section 11. That Section 3.8.25(A) of the Land Use Code is hereby amended to read
as follows:
3.8.25 - Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses
(A) If, after June 25, 1999 (the effective date of the ordinance adopting this
Section), active operations are not carried on in a permitted use during a period
of twelve (12) twenty-four (24) consecutive months, or with respect to seasonal
overflow shelters sixty (60) consecutive months, the building, other structure or
tract of land where such permitted use previously existed shall thereafter be re-
occupied and used only after the building or other structure, as well as the tract
of land upon which such building or other structure is located, have, to the
extent reasonably feasible, been brought into compliance with the applicable
general development standards contained in Article 3 and the applicable district
standards contained Article 4 of this Code as determined by the Director. This
requirement shall not apply to any permitted use conducted in a building that
was less than ten (10) years old at the time that active operations ceased. Intent
to resume active operations shall not affect the foregoing.
. . .
Section 12. That Section 3.8.30 of the Land Use Code is hereby amended to read as
follows:
3.8.30 - Multi-Family Dwelling Development Standards
(A) Purpose/Applicability . The following standards apply to all multi-family
development projects that contain at least four (4) dwelling units. These
standards are intended to promote variety in building form and product, visual
interest, access to parks, pedestrian-oriented streets and compatibility with
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surrounding neighborhoods. Multi-family developments in the Transit-Oriented
Development (TOD) Overlay Zone are exempt from subsections (C) and (E) of
this Section.
. . .
(C) Access to a Park, Central Feature or Gathering Place. At least ninety (90)
percent of the dwellings in all development projects containing two (2) or more
acres shall be located within one thousand three hundred twenty (1,320) feet (one-
quarter [¼] mile) of either a neighborhood park, a privately owned park or a
central feature or gathering place that is located either within the project or within
adjacent development, which distance shall be measured along street frontage
without crossing an arterial street. Such parks, central features or gathering places
shall contain one (1) or more of the following uses:
(1) Public parks, recreation areas or other open lands.
(2) Privately owned parks, meeting the following criteria:
(a) Size. In development projects greater than two (2) acres in gross
area, such private parks must be a minimum of ten thousand
(10,000) square feet. In development projects with a gross area of
two (2) acres or less, such private parks must be a minimum of six
(6) percent of the gross site area. For projects between two (2) and
five (5) acres, the development is required to provide sufficient
outdoor gathering areas or site amenities, either public or private,
to sustain the activities associated with multi-family residential
development, to adequately serve the occupants of the
development as set forth below. Such outdoor gathering areas may
include, without limitation, small parks, playgrounds, pools, sports
courts, picnic facilities, passive open space, recreational areas,
plazas, courtyards, or naturalistic features.
For projects greater than five (5) acres and less than ten (10) acres,
the private park must be a minimum of five thousand (5,000)
square feet.
For projects greater than ten (10) acres, the private park must be a
minimum of ten thousand (10,000) square feet.
. . .
Section 13. That Section 4.5(B)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the L-M-N District, subject to administrative
review:
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(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Two-family attached dwellings.
45. Any residential use consisting in whole or in part of multi-family
dwellings (limited to eight [8] or less dwelling units per building) that
contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or
less.
56. Group homes for up to eight (8) developmentally disabled or elderly
persons.
67. Mixed-use dwellings.
78. Extra occupancy rental houses with four (4) or more tenants.
Section 14. That Section 4.5(D)(1)(b) of the Land Use Code is hereby amended to
read as follows:
(D) Land Use Standards.
(1) Density.
. . .
(b) The maximum density of any development plan taken as a whole
shall be nine (9) dwelling units per gross acre of residential land,
except that affordable housing projects (whether approved
pursuant to overall development plans or project development
plans) containing ten (10) acres or less may attain a maximum
density, taken as a whole, of twelve (12) dwelling units per gross
acre of residential land.
Additionally, affordable housing projects containing more than ten
(10) acres but no more than twenty (20) acres may attain a
maximum density, taken as a whole, of twelve (12) dwelling units
per gross acre of residential land so long as the term of lease or
sale of all of the dwelling units associated with the acreage
exceeding ten (10) acres, but no more than twenty (20) acres, are
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available on terms that would be affordable to households earning
sixty (60) percent or less, on average, of the area median income
for the applicable household size in the Fort Collins-Loveland
metropolitan statistical area, as published by the Department of
Housing and Urban Development. The dwelling units associated
with the acreage exceeding ten (10) acres, but no more than twenty
(20) acres, shall not be counted as contributing to the required
percentage of affordable housing units necessary to qualify as an
affordable housing project. The number of dwelling units that
must be available to those earning sixty (60) percent or less, on
average, of the area median income shall be calculated as follows:
Number of Dwelling Units That Must Be Made Available to
Households Earning Sixty (60) Percent Or Less of the Area
Median Income, Rounded to the Nearest Whole Number =
(Number of Total Dwelling Units Constructed ÷ Number of Total
Gross Acres of Residential Land) X Number of Acres Over Ten
(10) Acres, Up To A Limit of Twenty (20) Acres
. . .
Section 15. That Section 4.5(D)(2)(c) of the Land Use Code is hereby amended to
read as follows:
(c) The following list of housing types shall be used to satisfy this requirement:
. . .
6. Two-family attached dwellings, the placement of which shall be
limited to no more than two (2) dwellings per two (2) consecutive
individual lots.
67. Mixed-use dwelling units.
78. Multi-family dwellings containing more than three (3) to four (4)
units per building;
89. Multi-family dwellings containing five (5) to seven (7) units per
building.
910. Multi-family dwellings containing more than seven (7) units per
building (limited to twelve [12] dwelling units per building).
1011. Mobile home parks.
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Section 16. That Section 4.6(B)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the M-M-N District, subject to administrative
review:
(a) Residential Uses:
. . .
4. Two-family attached dwellings.
45. Any residential use consisting in whole or in part of multi-family
dwellings that contain fifty (50) dwelling units or less, and
seventy-five (75) bedrooms or less.
56. Mixed-use dwellings.
67. Group homes for up to eight (8) developmentally disabled or
elderly persons.
78. Extra occupancy rental houses with more than five (5) tenants.
Section 17. That Section 4.10(D)(2) of the Land Use Code is hereby amended to read
as follows:
(2) Dimensional Standards.
(a) Maximum building height shall be five (5) stories.
(b) For all setback standards, building walls over thirty-five (35) feet in height
shall be set back an additional one (1) foot beyond the minimum required,
for each two (2) feet or fraction thereof of wall or building that exceeds
thirty-five (35) feet in height. Terracing or stepping back the mass of large
buildings is encouraged.
(c) Building setbacks shall be fifteen (15) feet from arterial streets and nine
(9) feet from non-arterial streets, five (5) feet from the side property line
and eight (8) feet from the rear property line.
Section 18. That Section 4.16(D)(5)(e) of the Land Use Code is hereby amended to
read as follows:
(5) Building Character and Facades.
. . .
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(e) Canyon Avenue and Civic Center: Exterior facade materials. All street-facing
facades shall be constructed of high quality exterior materials for the full height of
the building. Such materials, with the exception of glazing, shall include stone,
brick, clay units, terra cotta, architectural pre-cast concrete, cast stone,
prefabricated brick panels, architectural metals, architectural fiber cement siding
or any combination thereof. Except for windows, material modules shall not
exceed either five (5) feet horizontally or three (3) feet vertically without the clear
expression of a joint. For the purposes of this provision, architectural metals shall
mean metal panel systems that are either coated or anodized; metal sheets with
expressed seams; metal framing systems; or cut, stamped or cast ornamental metal
panels. Architectural metals shall not include ribbed or corrugated metal panel
systems.
. . .
Section 19. That the table contained in Section 4.24(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use Riverside Area All Other Areas
. . .
D. INDUSTRIAL
. . . . . . . . .
Light industrial uses* Not permittedType 1 Type 2
Research laboratories* Not permittedType 1 Type 1
. . . . . . . . .
Section 20. That the definition of “Change of use” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Change of use shall mean the act of changing the occupancy of a building or land to a
different use that is specifically listed as a "Permitted Use" in Article 4. A change of use
occurs whenever:
(1) the occupancy of a single-tenant building or of a parcel of land changes from the
most recent previously existing use to a different use;
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(2) the occupancy of a tenant space in a multi-tenant building changes to a use that is
not currently existing in another tenant space of the building or that did not
previously exist in any tenant space of the building within the last twelve (12)
twenty-four (24) months; or
(3) the most recent previously existing use of a building or land has been abandoned,
by cessation of active and continuous operations during a period of twelve (12)
twenty-four (24) consecutive months, and either the same type of use is proposed
to be reestablished or a different use that did not exist on the property is proposed
to be established.
Section 21. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Community based shelter services” which reads in its entirety as
follows:
Community based shelter services shall mean an accessory use to a facility owned and
operated by a place of worship, public benefit corporation as defined by the Colorado
Revised Statutes, or a tax exempt corporation as defined by Section 503 of the U.S.
Internal Revenue Code, that provides overnight accommodations on a temporary basis for
a maximum of 15 persons.
Section 22. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Dwelling, two-family attached” which reads in its entirety as
follows:
Dwelling, two-family attached shall mean a two-family dwelling attached to one other
two-family dwelling with each such two-family dwelling located on its own separate lot.
Section 23. That the definition of “Group home” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Group home shall mean either of the following:
(1) Residential group home shall mean a residence operated as a single
dwelling, licensed by or operated by a governmental agency, or by an
organization that is as equally qualified as a government agency and
having a demonstrated capacity for oversight as determined by the
Director, for the purpose of providing special care or rehabilitation due to
homelessness, physical condition or illness, mental condition or illness,
elderly age or social, behavioral or disciplinary problems, provided that
authorized supervisory personnel are present on the premises.
(2) Large group care facility shall mean a residential facility that is planned,
organized, operated and maintained to offer facilities and services to a
specified population and is licensed by or operated by a governmental
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agency, or by an organization that is as equally qualified as a government
agency and having a demonstrated capacity for oversight as determined by
the Director, for the purpose of providing special care or rehabilitation due
to homelessness, physical condition or illness, mental condition or illness,
elderly age or social, behavioral or disciplinary problems, provided that
authorized supervisory personnel are present on the premises.
Section 24. That the definition of “Homeless shelters” contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Homeless shelters shall mean a fully enclosed building other than a hotel, motel, or
lodging establishment that is suitable for habitation and that provides residency only for
homeless persons at no charge at any time during the year. Community based shelter
services are exempt from this definition.
Section 25. That the definition of “Seasonal overflow shelters” contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons
to stay on its premises overnight from the beginning of November through the end of
April, unless, because of inclement weather, specific and limited exceptions to such
seasonal limitations are granted by the Director. Community based shelter services are
exempt from this definition.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2017, and to be presented for final passage on the 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 2nd day of May, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk