HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/16/2019 - ITEMS RELATING TO VARIOUS AMENDMENTS TO THE CITY OAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY July 16, 2019
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Brad Yatabe, Legal
SUBJECT
Items Relating to Various Amendments to the City of Fort Collins Land Use Code.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 077, 2019, Makes Various Amendments to the City of Fort Collins Land
Use Code.
B. Second Reading of Ordinance No. 078, 2019, Amends the City of Fort Collins Land Use Code Regarding
Community Development and Neighborhood Services Director Variances to Certain Land Use Code
Standards.
These Ordinances, unanimously adopted on First Reading on July 2, 2019, adopt a variety of revisions,
clarifications and additions to the Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of these Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 2, 2019 (w/o attachments) (PDF)
2. Ordinance No. 077, 2019 (PDF)
3. Ordinance No. 078, 2019 (PDF)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 2, 2019
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Brad Yatabe, Legal
SUBJECT
Items Relating to Various Amendments to the City of Fort Collins Land Use Code.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 077, 2019, Making Various Amendments to the City of Fort Collins Land Use
Code.
B. First Reading of Ordinance No. 078, 2019, Amending the City of Fort Collins Land Use Code Regarding
Community Development and Neighborhood Services Director Variances to Certain Land Use Code
Standards.
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that
are generally routine in nature that have been identified since the last update in February 2019. The proposed
change to allow the Community Development and Neighborhood Services Director to process certain variances
is presented as a separate ordinance because the change is not necessarily routine in nature and would allow
the Director to process certain variances currently reviewed by the Zoning Board of Appeals.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a
regular basis to make changes, additions, deletions and clarifications. While most revisions are bundled and
adopted on an annual basis, other changes may occur as needed so the Land Use Code retains maximum
effectiveness. The proposed changes are offered to resolve implementation issues and to continuously improve
both the overall quality and user friendliness of the Code. Additional details regarding the changes are contained
in the attachments to this Agenda Item Summary.
The proposed change to allow the Community Development and Neighborhood Services Director to process
certain variances is presented as a separate ordinance because the change is not necessarily routine in nature
and would allow the Director to process certain variances currently reviewed by the Zoning Board of Appeals.
The variances the Director would review would be limited to the following:
(1) Setback encroachment of up to ten (10) percent.
(2) Fence height increase of up to one (1) foot.
(3) In the N-C-L, N-C-M, and N-C-B zone districts, the allowable floor area in the rear half of the lot increase
of up to ten (10) percent, provided the increase does not exceed the allowable floor area for the entire
lot.
(4) Building height increase of up to one (1) foot.
ATTACHMENT 1
COPY
Agenda Item 7
Item # 7 Page 2
Year
2011 2012 2013 2014 2015 2016 2017 2018
Number of
Variance
Applications
17 26 27 35 51 41 38 47
BOARD / COMMISSION RECOMMENDATION
At its May 16, 2019, regular hearing, the Planning and Zoning Board unanimously adopted staff recommendation
that City Council approve the revisions.
Additionally, at its May 9, 2019, regular meeting, the Zoning Board of Appeals unanimously recommended to
City Council approval of the revision to allow the Community Development and Neighborhood Services Director
to process certain variances.
PUBLIC OUTREACH
The proposed changes were listed on "This Week in Development Review," a weekly online notice that is posted
on the Planning Department's website and sent to approximately 435 subscribers.
ATTACHMENTS
1. List of Issues (PDF)
2. Description of Issues (PDF)
3. Ordinance Index of Issues (PDF)
4. Planning and Zoning Board minutes, May 16, 2019 (draft) (PDF)
5. Zoning Board of Appeals minutes, May 9, 2019 (draft) (PDF)
COPY
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ORDINANCE NO. 077, 2019
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, since its adoption, City staff and the Planning and Zoning Board have
continued to review the Land Use Code and identify and explore various issues related to the Land
Use Code and have now made new recommendations to the Council regarding certain issues that
are ripe for updating and improvement; and
WHEREAS, on May 16, 2019, the Planning and Zoning Board unanimously recommended
that City Council adopt the Land Use Code changes set forth herein; 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 2.1.2(C) of the Land Use Code is hereby amended to read as
follows:
2.1.2 Overview of Development Review Procedures
. . .
(C) Which type of development application should be submitted? To proceed with a
development proposal for permitted uses, the applicant must determine what type
of development application should be selected and submitted. All development
proposals which include only permitted uses must be processed and approved
through the following development applications: first through a project
development plan (Division 2.4), and then through a final plan (Division 2.5). If
the applicant desires to develop in two (2) or more separate project development
plan submittals, an overall development plan (Division 2.3) will also be required
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prior to or concurrently with the project development plan. Overall development
plans, PUD Overlays, basic development reviews, project development plans and
final plans are the five (5) types of development applications for permitted uses.
Each successive development application for a development proposal must build
upon the previously approved development application, as needed, by providing
additional details (through the development application submittal requirements)
and by meeting additional restrictions and standards (contained in the General
Development Standards of Article 3 and the District Standards of Article 4).
Overall development plans, basic development reviews and project development
plans may be consolidated into one (1) application for concurrent processing and
review when appropriate under the provisions of Section 2.2.3. The purpose,
applicability and interrelationship of these types of development applications are
discussed further in Section 2.1.3.
Section 3. That Section 2.2.12 of the Land Use Code is hereby amended to read as
follows:
(A) Appeals. Appeals of any final decision of a decision maker under this Code shall be
only in accordance with Chapter 2, Article II, Division 3 of the City Code, unless
otherwise provided in Divisions 2.3 through 2.11 and 2.16, 2.18, and 2.19 of this Code.
. . .
Section 4. That Section 2.18.3(G) of the Land Use Code is hereby amended to read as
follows:
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
. . .
Step 7(D)(1 and 2) : (Decision and Findings): Not applicable and in substitution thereof,
after consideration of the development application, the Director shall issue a written
decision to approve, approve with conditions, or deny the development application based
on compliance with the standards referenced in Step 8 of the Common Development
Review Procedures (Section 2.2.8). The written decision shall be mailed to the applicant,
to any person who provided comments during the comment period and to the abutting
property owners, and shall also be posted on the City's website at www.fcgov.com.
. . .
Section 5. 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 3.11 with the following exceptions:
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(A) Single-family detached dwellings and extra occupancy rental houses on platted lots
that are subject only to building permit review.
(B) Accessory buildings, structures and accessory uses associated with the single-
family dwellings and extra occupancy rental houses listed in (A) above.
Applications for the development noted in exceptions (A) and (B) above must comply only
with the standards contained in division 3.8; and with respect to extra occupancy rental
houses, the additional standards contained in Section 3.2.2(k)(1)(j).
Existing Development. In addition to the foregoing, this Land Use Code shall continue to
apply to ongoing use of land in completed developments to the extent that the provisions
of this Land Use Code can be reasonably and logically interpreted as having such ongoing
application.
Section 6. That Section 3.2.1(A) through (I) of the Land Use Code is hereby amended
to read as follows:
3.2.1 - Landscaping and Tree Protection
(A) Applicability. This Section shall apply to all development (except for development on
existing lots for single-family detached dwellings) within the designated "limits of
development" ("LOD") and natural habitat buffer zones established according to Section
3.4.1 (Natural Habitats and Features).
(B) Purpose. The intent of this Section is to require preparation of landscape and tree protection
plans that ensure significant canopy cover is created, diversified and maintained so that all
associated social and environmental benefits are maximized to the extent reasonably
feasible. These benefits include reduced erosion and stormwater runoff, improved water
conservation, air pollution mitigation, reduced glare and heat build-up, increased
aesthetics, and improved continuity within and between developments. Trees planted in
appropriate spaces also provide screening and may mitigate potential conflicts between
activity areas and other site elements while enhancing outdoor spaces, all of which add to
a more resilient urban forest.
. . .
(D) Tree Planting Standards. All developments shall establish groves and belts of trees along
all city streets, in and around parking lots, and in all landscape areas that are located within
fifty (50) feet of any building or structure in order to establish at least a partial urban tree
canopy. The groves and belts may also be combined or interspersed with other landscape
areas in remaining portions of the development to accommodate views and functions such
as active recreation and storm drainage.
. . .
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(2) Street Trees. Planting of street trees shall occur in the adjoining street right-of-way,
except as described in subparagraph (b) below, in connection with the development
by one (1) or more of the methods described in subparagraphs (a) through (d)
below:
. . .
(d) Wherever existing ash trees (Fraxinus species) are in the adjoining street
right-of-way, the applicant shall coordinate and obtain an onsite analysis
with the City Forester to determine replacement canopy shade trees either
through shadow planting or other emerald ash borer mitigation methods.
(3) Minimum Species Diversity. To prevent uniform insect or disease susceptibility
and eventual uniform senescence on a development site or in the adjacent area or
the district, species diversity is required, and extensive monocultures are
prohibited. The following minimum requirements shall apply to any development
plan.
Number of trees
on site
Maximum percentage of
any one species
10—19 50%
20—39 33%
40—59 25%
60 or more 15%
(4) Tree Species and Minimum Sizes. The City Forester shall provide a recommended
list of trees which shall be acceptable to satisfy the requirements for landscape
plans, including approved canopy shade trees that may be used as street trees. The
following minimum sizes shall be required (except as provided in subparagraph (5)
below):
Type Minimum Size
Canopy
Shade Tree
2.0" caliper balled and burlapped or
equivalent
Evergreen
Tree
6.0' height balled and burlapped or
equivalent
Ornamental
Tree
1.5" caliper balled and burlapped or
equivalent
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Shrubs
5 gallon or adequate size consistent with
design intent or 1 gallon may be permitted
if planting within the Critical Root Zone
of existing trees
Any tree plantings that are in addition to those that are made as part of the approved
landscape plan are exempt from the foregoing size requirements.
. . .
(F) Tree Preservation and Mitigation. Existing significant trees (six (6) inches and greater in
diameter) within the LOD and within natural habitat buffer zones shall be preserved to the
extent reasonably feasible and may help satisfy the landscaping requirements of this
Section as set forth above. Such trees shall be considered "protected" trees within the
meaning of this Section, subject to the exceptions contained in subsection (2) below.
Streets, buildings and lot layouts shall be designed to minimize the disturbance to
significant existing trees. All required landscape plans shall accurately identify the
locations, species, size and condition of all significant trees, each labeled showing the
applicant's intent to either remove, transplant or protect.
Where it is not feasible to protect and retain significant existing tree(s) or to transplant
them to another on-site location, the applicant shall replace such tree(s) according to the
following requirements and shall satisfy the tree planting standards of this Section. To the
extent reasonably feasible, replacement trees shall be planted on the development site or,
if not reasonably feasible, in the closest available and suitable planting site on public or
private property. The closest available and suitable planting site shall be selected within
one-half (½) mile (2,640 feet) of the development site, subject to the following exceptions.
If suitable planting sites for all of the replacement trees are not available within one-half
(½) mile (2,640 feet) of the development, then the City Forester shall determine the most
suitable planting location within the City's boundaries as close to the development site as
feasible. If locations for planting replacement trees cannot be located within one-half (½)
mile of the development site, the applicant may, instead of planting such replacement trees,
submit a payment in lieu to the City of Fort Collins Forestry Division to be used to plant
replacement trees to plant replacement trees as close to the development site as possible.
The payment in lieu mitigation fee per tree is determined by the City Forester and may be
adjusted annually based on market rates. Payment must be submitted prior to the
Development Construction Permit issuance or other required permits.
(1) A significant tree that is removed shall be replaced with not less than one (1) or
more than six (6) replacement trees sufficient to mitigate the loss of contribution
and value of the removed significant tree(s). The applicant shall coordinate with the
City Forester to determine such loss based upon an onsite tree assessment,
including, but not limited to, shade, canopy, condition, size, aesthetic,
environmental and ecological value of the tree(s) to be removed. Replacement trees
shall meet the following minimum size requirements unless otherwise determined
by the City Forester:
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(a) Canopy Shade Trees: 2.0" caliper balled and burlap or equivalent.
(b) Ornamental Trees: 2.0" caliper balled and burlap or equivalent.
(c) Evergreen Trees: 8' height balled and burlap or equivalent.
(2) Trees that meet one (1) or more of the following removal criteria shall be exempt
from the requirements of this subsection unless they meet mitigation requirements
provided in paragraph 3.4.1(E)(1) of this Code:
. . .
(c) Siberian elm less than eleven (11) inches DBH and Russian-olive or ash
(Fraxinus species) less than eight (8) inches DBH;
(d) Russian-olive, Siberian elm, and ash (all Fraxinus species) of wild or
volunteer origin, such as those that have sprouted from seed along fence
lines, near structures or in other unsuitable locations;
. . .
(G) Tree Protection Specifications. The following tree protection specifications shall be
followed to the maximum extent feasible for all projects with protected existing trees. Tree
protection methods shall be delineated on the demolition plans and development plans.
. . .
(2) All protected existing trees shall be pruned to the City of Fort Collins Forestry
Division standards.
(3) Prior to and during construction, barriers shall be erected around all protected
existing trees with such barriers to be of orange construction or chain link fencing
a minimum of four (4) feet in height, secured with metal T-posts, no closer than six
(6) feet from the trunk or one-half (½) of the drip line, whichever is greater.
Concrete blankets, or equivalent padding material, wrapped around the tree trunk(s)
is recommended and adequate for added protection during construction. There shall
be no storage or movement of equipment, material, debris or fill within the fenced
tree protection zone. A tree protection plan must be submitted to and approved by
the City Forester prior to any development occurring on the development site.
. . .
(7) The installation of utilities, irrigation lines or any underground fixture requiring
excavation deeper than six (6) inches shall be accomplished by boring under the
root system of protected existing trees at a minimum depth of twenty-four (24)
inches. The auger distance is established from the face of the tree (outer bark) and
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is scaled from tree diameter at breast height as described in the chart below. Low
pressure hydro excavation, air spading or hand digging are additional
tools/practices that will help reduce impact to the tree(s) root system when
excavating at depths of twenty-four (24) inches or less. Refer to the Critical Root
Zone (CRZ) diagram, Figure 2, for root protection guidelines. The CRZ shall be
incorporated into and shown on development plans for all existing trees to be
preserved.
Tree Diameter at Breast
Height (inches)
Auger Distance From
Face of Tree (feet)
0-2 1
3-4 2
5-9 5
10-14 10
15-19 12
Over 19 15
Figure 2
Critical Root Zone Diagram
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(H) Placement and Interrelationship of Required Landscape Plan Elements. In approving
the required landscape plan, the decision maker shall have the authority to determine the
optimum placement and interrelationship of required landscape plan elements such as trees,
vegetation, turf, irrigation, screening, buffering and fencing, based on the following
criteria:
. . .
(4) creating visual interest year-round;
. . .
(I) Landscape Materials, Maintenance and Replacement.
. . .
(8) Restricted Species. City Forestry Division shall provide a list of specified tree
species that shall not be planted within the limits of development and adjoining
street right-of-way. For example, no ash trees (Fraxinus species) shall be planted
due to the anticipated impacts of the emerald ash borer.
(9) Prohibited species. For prohibited species reference Chapter 27, Article II, Division
1, Sec. 27-18 of the Fort Collins Municipal Code.
. . .
Section 7. That Section 3.2.1(K) of the Land Use Code is hereby amended to read as
follows:
(K) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The
following list sets forth minimum dimension requirements for the most common tree/utility
and traffic control device separations. Exceptions to these requirements may occur where
utilities or traffic control devices are not located in their standard designated locations, as
approved by the Director. Tree/utility and traffic control device separations shall not be
used as a means of avoiding the planting of required street trees.
(1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet between
ornamental trees and streetlights. (See Figure 3.)
Figure 3
Tree/Streetlight Separations
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. . .
Section 8. That Section 3.2.4(D) of the Land Use Code is hereby amended to read as
follows:
3.2.4 Site Lighting
. . .
(D) Design Standards. The lighting plan shall meet the following design standards:
. . .
(5) Light sources must minimize contrast with the light produced by
surrounding uses and must produce an unobtrusive degree of brightness in
both illumination levels and color rendition.
(11) All lighting shall have a nominal correlated color temperature (CCT) of
no greater than three thousand (3,000) degrees Kelvin.
Section 9. That Section 3.3.2(E)(1)(e) of the Land Use Code is hereby amended to read
as follows:
(E) Required Improvements Prior to Issuance of Certificate of Occupancy.
. . .
(e) Drainage. The construction of stormwater drainage facilities required by the
approved Development Plan Documents must be consistent with the Stormwater
Criteria Manual as it may be modified from time to time. Such stormwater drainage
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facility must be verified by an authorized City inspector at the appropriate phases
of construction activities as specified in the Development Certification Checklist
issued by Water Utilities Engineering and available on the City of Fort Collins
website.
In the event of non-compliance, the City shall have the option to withhold building
permits and/or certificates of occupancy or use any other legal remedy that may be
provided in the City Code, the Land Use Code and/or the Development Agreement,
as determined appropriate to ensure that the Developer properly installs all privately
owned stormwater improvements associated with the development as specified in
the Development Plan Documents.
In addition, a “Drainage Certification” prepared by a Professional Engineer
licensed in the State of Colorado must be provided. The “Certification” must
confirm to the City that all stormwater drainage facilities required to serve the
property have been constructed in conformance with the approved Development
Plan Documents so as to protect downstream property and the quality of
Stormwater runoff from the property to comply with the City’s Municipal Separate
Storm Sewer System permit. Such certification must be in the form required by the
City’s Stormwater Criteria Manual and Construction Standards.
. . .
Section 10. That Section 3.3.5 of the Land Use Code is hereby amended to read as
follows:
3.3.5 - Engineering Design Standards
The project must comply with all design standards, requirements and specifications for the
following services as certified by the appropriate agency or variances must be granted by such
agency:
• water supply
• sanitary sewer
• mass transit
• fire protection
• flood hazard areas
• telephone
• walks/bikeways
• irrigation companies
• electricity
• natural gas
• storm drainage
• cable television
• streets/pedestrians
• broadband/fiber optic
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Section 11. That Section 3.4.1(D)(1)(e) of the Land Use Code is hereby amended to
read as follows:
3.4.1 Natural Habitats and Features
. . .
(D) Ecological Characterization and Natural Habitat or Feature Boundary
Definition. The boundary of any natural habitat or feature shown on the Natural
Habitats and Features Inventory Map is only approximate. The actual boundary
of any area to be shown on a project development shall be proposed by the applicant
and established by the Director through site evaluations and reconnaissance, and
shall be based on the ecological characterization of the natural habitat or feature in
conjunction with the map.
(1) Ecological Characterization Study. If the development site contains, or is
within five hundred (500) feet of, a natural habitat or feature, or if it is
determined by the Director, upon information or from inspection, that the
site likely includes areas with wildlife, plant life and/or other natural
characteristics in need of protection, then the developer shall provide to the
City an ecological characterization report prepared by a professional
qualified in the areas of ecology, wildlife biology or other relevant
discipline. At least ten (10) working days prior to the submittal of a project
development plan application for all or any portion of a property, a
comprehensive ecological characterization study of the entire property must
be prepared by a qualified consultant and submitted to the City for review.
The Director may waive any or all of the following elements of this
requirement if the City already possesses adequate information required by
this subsection to establish the buffer zone(s), as set forth in subsection (E)
below, and the limits of development ("LOD"), as set forth in subsection
(N) below. The ecological characterization study shall describe, without
limitation, the following:
. . .
(e) the pattern, species and location of all non-native trees
and vegetation that contribute to the site's ecological, shade, canopy,
aesthetic and cooling value;
. . .
Section 12. That Section 3.4.1(E) of the Land Use Code is hereby amended to read as
follows:
3.4.1 Natural Habitats and Features
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. . .
(E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and
features shall be shown on the project development plan for any development that
is subject to this Division. The purpose of the buffer zones is to protect the
ecological character of natural habitats and features from the impacts of the
ongoing activity associated with the development.
(1) Buffer Zone Performance Standards. The decision maker shall determine
the buffer zones for each natural habitat or feature contained in the project
site. The buffer zones may be multiple and noncontiguous. The general
buffer zone distance is established according to the buffer zone table
below, but the decision maker may reduce any portion of the general
buffer zone distance so long as the reduced buffer complies with the
performance standards set forth below. To mitigate a reduced portion of
the buffer area, the decision maker may also enlarge any portion of the
general buffer zone distance if necessary to ensure that the buffer complies
with the performance standards set forth below. The buffer zone
performance standards are as follows:
. . .
(c) The project shall be designed to preserve existing trees and
vegetation that contribute to the site’s ecological, shade, canopy,
aesthetic, habitat and cooling value. Notwithstanding the
requirements of Section 3.2.1(F), all trees and vegetation within the
Limits of Development must be preserved or, if necessary, mitigated
based on the values established by the Ecological Characterization
Study or the City Environmental Planner. Such mitigation, if
necessary, shall include trees, shrubs, grasses, or any combination
thereof, and must be planted within the buffer zone.
. . .
Section 13. That Section 3.5.2(D) of the Land Use Code is hereby amended by the
addition of a new subparagraph (3) which reads in its entirety as follows:
(D) Relationship of Dwelling to Streets and Parking.
. . .
(3) At least one door providing direct access for emergency responders from the
outside into each individual single family attached dwelling must be located within
one hundred fifty (150) feet from the closest emergency access easement or
designated fire lane as measured along paved walkways. Neither an exterior nor
interior garage door shall satisfy this requirement.
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Section 14. That Section 3.8.17(A)(2) of the Land Use Code is hereby amended to read
as follows:
3.8.17 Building Height
. . .
(2) Building Height Measured in Stories. In measuring the height of a building in
stories the following measurement rules shall apply:
(a) A balcony or mezzanine shall be counted as a full story when its floor area
is in excess of one-third (1/3) of the total area of the nearest full floor
directly below it.
(b) No story of a commercial or industrial building shall have more than
twenty-five (25) feet from floor to floor.
(c) A maximum vertical height of twelve (12) feet eight (8) inches shall be
permitted for each residential story. This maximum vertical height shall
apply only in the following zone districts: U-E; R-F; R-L; L-M-N; M-M-N;
N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C; and H-C.
. . .
Section 15. That Section 4.4(B)(3)(e) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) to read as follows:
. . .
(3) The following uses are permitted in the R-L District, subject to review by the
Planning and Zoning Board:
. . .
(e) Accessory / Miscellaneous Uses:
1. Wireless Telecommunications Facilities.
. . .
Section 16. That Section 4.4(D) of the Land Use Code is hereby amended by the
addition of a new subparagraph (4) which reads in its entirety as follows:
(4) Wireless Telecommunications Facilities. Wireless telecommunications facilities
must be located on a non-residential parcel and installation must be mitigated by
use of stealth techniques such as steeples, bell towers, grain silos, or similar means
of disguising the appearance of the facilities to mitigate its visual impacts.
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Section 17. That Section 4.7 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.7 Neighborhood Conservation, Low Density District (N-C-L)
(D) Land Use Standards.
. . .
(2) Allowable Floor Area on Lots.
(a) The allowable floor area shall be as follows:
. . .
2. On a lot that is between five thousand (5,000) square feet and ten
thousand (10,000) square feet, the allowable floor area for single-
family dwellings and buildings accessory to single-family dwellings
shall not exceed twenty (20) percent of the lot area plus one
thousand (1,000) square feet.
3. On a lot that is more than ten thousand (10,000) square feet, the
allowable floor area for single-family dwellings and buildings
accessory to single-family dwellings shall not exceed thirty (30)
percent.
. . .
(5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space).
Any accessory building with water and/or sewer service shall be considered to have
habitable space. Any person applying for a building permit for such a building shall
sign and record with the Larimer County Clerk and Recorder an affidavit stating
that such accessory structure shall not be used as a dwelling unit. All applicable
building permits issued for such buildings shall be conditioned upon this
prohibition. Any such structure containing habitable space that is located behind a
street-fronting principal building shall contain a maximum of six hundred (600)
square feet of floor area. Floor area shall include all floor space within the ground
floor plus that portion of the floor area of any second story having a ceiling height
of at least seven and one-half (7½) feet and basement floor area where any exterior
basement wall is exposed by more than three (3) feet above the existing grade at
the interior side lot line adjacent to the wall. Such accessory building may be
located in any area of the rear portion of a lot, provided that it complies with the
setback requirements of this District and there is at least a ten-foot separation
between structures.
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(6) Accessory Buildings Without Habitable Space. Any accessory building without
water and/or sewer service, which has not been declared to contain habitable space
by the applicant, shall not exceed a total floor area of six hundred (600) square feet.
Floor area shall include all floor space within the ground floor plus that portion of
the floor area of any second story having a ceiling height of at least seven and one-
half (7½) feet and basement floor area where any exterior basement wall is exposed
by more than three (3) feet above the existing grade at the interior side lot line
adjacent to the wall.
(E) Dimensional Standards.
. . .
(5) Maximum building height shall be two (2) stories, except in the case of a detached
dwelling unit at the rear of the lot and accessory buildings
(F) Development Standards.
. . .
(2) Bulk and Massing
(a) Building Height.
1. Maximum building height shall be two (2) stories, except in the case
of a detached dwelling unit at the rear of the lot
. . .
(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space. An
eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not
exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building containing
no habitable space. An eave of a dormer or similar architectural
feature may exceed ten (10) feet if set back two (feet) from the wall
below and does not exceed twenty-five (25) percent of the wall
length.
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3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
34. If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
. . .
Section 18. That Section 4.8 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.8 Neighborhood Conservation, Medium Density District
. . .
(D) Land Use Standards.
2
2
4’
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(1) Required Lot Area. Minimum lot area shall not be 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.
(2) Allowable Floor Area on Lots.
(a) The allowable floor area shall be as follows:
1. On a lot of less than four thousand (4,000) square feet, the allowable
floor area for single-family dwellings and buildings accessory to
single-family dwellings shall not exceed fifty (50) percent of the lot
area.
2. On a lot that is between four thousand (4,000) square feet and ten
thousand (10,000) square feet, the allowable floor area for single-
family dwellings and buildings accessory to single-family dwellings
shall not exceed twenty-five (25) percent of the lot area plus one
thousand (1,000) square feet.
3. On a lot that is more than ten thousand (10,000) square feet, the
allowable floor area for single-family dwellings and buildings
accessory to single-family dwellings shall not exceed thirty-five
(35) percent of the lot area.
4. The allowable floor area for buildings containing permitted uses
other than single-family dwellings and buildings accessory to
single-family dwellings shall not exceed forty (40) percent of the lot
area.
. . .
(5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space).
Any accessory building with water and/or sewer service shall be considered to have
habitable space. Any person applying for a building permit for such a building shall
sign and record with the Larimer County Clerk and Recorder an affidavit stating
that such accessory structure shall not be used as a dwelling unit. All building
permits issued for such buildings shall be conditioned upon this prohibition. Any
such structure containing habitable space that is located behind a street-fronting
principal building shall contain a maximum of six hundred (600) square feet of
floor area. Floor area shall include all floor space within the ground floor plus that
portion of the floor area of any second story having a ceiling height of at least seven
and one-half (7½) feet and basement floor area where any exterior basement wall
is exposed by more than three (3) feet above the existing grade at the interior side
lot line adjacent to the wall. Such accessory building may be located in any area of
the rear portion of a lot, provided that it complies with the setback requirements of
this District and there is at least a ten-foot separation between structures.
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(6) Accessory Buildings Without Habitable Space. Any accessory building without
water and/or sewer service, which has not been declared to contain habitable space
by the applicant, shall not exceed a total floor area of six hundred (600) square feet.
Floor area shall include all floor space within the ground floor plus that portion of
the floor area of any second story having a ceiling height of at least seven and one-
half (7½) feet and basement floor area where any exterior basement wall is exposed
by more than three (3) feet above the existing grade at the interior side lot line
adjacent to the wall.
. . .
(E) Dimensional Standards.
. . .
(5) Maximum building height shall be two (2) stories, except in the case of a detached
dwelling unit at the rear of the lot and accessory buildings.
(F) Development Standards.
. . .
(2) Bulk and Massing.
(a) Building Height.
1. Maximum building height shall be two (2) stories, except in the case
of a detached dwelling unit at the rear of the lot.
. . .
(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space. An
eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not
exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building containing
no habitable space. An eave of a dormer or similar architectural
feature may exceed ten (10) feet if set back two (2) feet from the
wall below and does not exceed twenty-five (25) percent of the wall
length.
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3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
4. If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
. . .
Section 19. That Section 4.9 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.9 Neighborhood Conservation Buffer District (N-C-B)
. . .
(D) Land Use Standards.
. . .
(3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space).
Any accessory building with water and/or sewer service shall be considered to have
habitable space. An applicant may also declare an intent for an accessory building
to contain habitable space. Any person applying for a building permit for such a
building shall sign and record with the Larimer County Clerk and Recorder an
affidavit stating that such accessory structure shall not be used as a dwelling unit.
All building permits issued for such buildings shall be conditioned upon this
prohibition. Any such structure containing habitable space that is located behind a
street-fronting principal building shall contain a maximum six hundred (600)
square feet of floor area. Floor area shall include all floor space within the ground
floor plus that portion of the floor area of any second story having a ceiling height
of at least seven and one-half (7½) feet and basement floor area where any exterior
basement wall is exposed by more than three (3) feet above the existing grade at
the interior side lot line adjacent to the wall. Such accessory building may be
located in any area of the rear portion of a lot, provided that it complies with the
setback requirements of this District and there is at least a ten-foot separation
between structures.
(4) Accessory Building without Habitable Space. Any accessory building without
water and/or sewer service, which has not been declared to contain habitable space
by the applicant, shall not exceed a total floor area of six hundred (600) square feet.
Floor area shall include all floor space within ground floor plus that portion of floor
area of any second story having a ceiling height of at least seven and one-half (7½)
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feet and basement floor area where any exterior basement wall is exposed by more
than three (3) feet above the existing grade at the interior side lot line adjacent to
the wall.
. . .
(E) Development Standards.
(1) Building Design.
. . .
(e) Front porches shall be limited to one (1) story, and the front facades of all
single- and two-family dwellings shall be no higher than two (2) stories,
except in the case of a detached dwelling unit at the rear of the lot and
accessory buildings.
. . .
(2) Bulk and Massing.
(a) Building Height.
1. Maximum building height shall be three (3) stories, except in the
case of a detached dwelling unit at the rear of the lot.
. . .
(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space. An
eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not
exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building containing
no habitable space. An eave of a dormer or similar architectural
feature may exceed ten (10) feet if set back two (2) feet from the
wall below and does not exceed twenty-five (25) percent of the wall
length.
3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
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4. If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
. . .
Section 20. That Section 4.22(B)(2)(c)28 of the Land Use Code is hereby amended to
read as follows:
(c) Commercial/Retail Uses:
. . .
28. Enclosed mini-storage facilities, if located at least one hundred fifty
(150) feet from South College Avenue.
. . .
Section 21. That the definition “Neighborhood center” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Neighborhood center shall mean a combination of at least two (2) uses and an outdoor
space, which together provide a focal point and a year-round meeting place for a
neighborhood as listed in the Low Density Mixed-Use Neighborhood zone district.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
July, A.D. 2019, and to be presented for final passage on the 16th day of July, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 16th day of July, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-1-
ORDINANCE NO. 078, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY OF FORT COLLINS LAND USE CODE
REGARDING COMMUNITY DEVELOPMENT AND NEIGHBORHOOD
SERVICES DIRECTOR VARIANCES TO CERTAIN LAND USE CODE STANDARDS
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, since its adoption, City staff and the Planning and Zoning Board have
continued to review the Land Use Code and identify and explore various issues related to the Land
Use Code and have now made new recommendations to the Council regarding the Community
Development and Neighborhood Services Director determining certain variances to the Land Use
Code; and
WHEREAS, on May 16, 2019, the Planning and Zoning Board unanimously recommended
that City Council adopt the Land Use Code changes set forth herein; 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 Division 2.10 of the Land Use Code is hereby amended to read as
follows:
DIVISION 2.10 - VARIANCES
. . .
2.10.2 Variances By the Director
(A) The Director shall be authorized to grant the following types of variances, subject
to the variance review procedure in Section 2.10.4 below:
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(1) Setback encroachment of up to ten (10) percent.
(2) Fence height increase of up to one (1) foot.
(3) In the N-C-L, N-C-M, and N-C-B zone districts, the allowable floor area in
the rear half of the lot increase of up to ten (10) percent, provided the amount
of increase does not exceed the allowable floor area for the entire lot.
(4) Building height increase of up to one (1) foot.
(B) The Director may refer any variance described in (A) above to the Zoning Board of
Appeals for review and decision if the Director determines that the application
under consideration raises questions as to compliance with the requirements for
compatibility with the surrounding neighborhood that are appropriately addressed
through a public hearing before the Zoning Board of Appeals that will allow the
applicant or the public, or both, an opportunity to provide relevant information
related to the application.
2.10.3 Variances By the Zoning Board of Appeals
The Zoning Board of Appeals shall be authorized to grant all variances not subject to the Director’s
review in Section 2.10.2(A) and those referred by the Director. The Zoning Board of Appeals shall
follow the variance review procedure in Section 2.10.4 below.
2.10.4 Variance Review Procedures
. . .
(F) Step 6 (Notice): For variances reviewed by the Director or the Zoning Board of
Appeals Ssubsection 2.2.6(A) only applies, except that a variance reviewed by the
Director shall require mailed written notice fourteen (14) days prior to the decision
instead of the hearing/meeting date and for variances reviewed by the Director or
the Zoning Board of Appeals, “eight hundred (800) feet” shall be changed to “one
hundred fifty (150) feet,” and for single-family houses in the NCL and NCM zone
districts, eight hundred (800) feet shall be changed to five hundred (500) feet for
variance requests for:
. . .
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section
2.2.7(A), the Director or Zoning Board of Appeals, pursuant to Chapter 2 of the
City Code, shall review, consider and approve, approve with conditions, or deny
applications for variance based on its compliance with all of the standards contained
in Step 8.
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Step 7(B)—(G)(1) Zoning Board of Appeals Review Only (Conduct of Public
Hearing, Order of Proceedings at Public Hearing, Decision and Findings,
Notification to Applicant, Record of Proceedings, Recording of Decisions and
Plats, Filing with City Clerk): Applicable.
Step 7(B)—(C) and (E)—(G)(1) Director Review Only (Conduct of Public
Hearing, Order of Proceedings as Public Hearing): Not applicable.
Step 7(D) Director Review Only (Decision and Findings): Applicable and in
substitution thereof, the Director shall issue a written decision to approve, approve
with conditions, or deny the variance request. The written decision shall be mailed
to the applicant and to the property owners to whom notice was originally mailed
and shall also be posted on the City's website at www.fcgov.com.
(H) Step 8 (Standards): Applicable, and the Director or Zoning Board of Appeals may
grant a variance from the standards of Articles 3 and 4 only if it finds that the
granting of the variance would neither be detrimental to the public good nor
authorize any change in use other than to a use that is allowed subject to basic
development review; and that:
. . .
(K) Step 11 (Lapse): Any variance that applies to the issuance of a Building Permit
shall expire six (6) months after the date that such variance was granted, unless all
necessary permits have been applied for; provided, however, that for good cause
shown, the Director may authorize a longer term if such longer term is reasonable
and necessary under the facts and circumstances of the case, but in no event shall
the period of time for applying for all necessary permits under a variance exceed
twelve (12) months in length. One (1) six-month extension may be granted by the
Director.
(L) Step 12 (Appeals):
(1) Applicable and in substitution thereof, variances decided by the Director are
appealable to the Zoning Board of Appeals. Any such appeal must be initiated by
filing a notice of appeal of the final decision of the Director within fourteen (14)
days after the decision that is the subject of the appeal. The appeal hearing before
the Zoning Board of Appeals shall be considered a new, or de novo, hearing. The
decision of the Zoning Board of Appeals on such appeals shall constitute a final
decision appealable to City Council pursuant to Section 2.2.12 (Step 12).
(2) Applicable to variances reviewed by the Zoning Board of Appeals.
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Introduced, considered favorably on first reading, and ordered published this 2nd day of
July, A.D. 2019, and to be presented for final passage on the 16th day of July, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of July, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk