HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2019 - SECOND READING OF ORDINANCE NO. 019, 2019, MAKINGAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY February 19, 2019
City Council
STAFF
Ted Shepard, Chief Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 019, 2019, Making Various Amendments to the City of Fort Collins Land
Use Code.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 5, 2019, adopts 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 June 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 5, 2019 (w/o attachments) (PDF)
2. Ordinance No. 019, 2019 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY February 5, 2019
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 019, 2019, Making Various Amendments to the City of Fort Collins 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
are generally routine in nature that have been identified since the last update in June 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance 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.
BOARD / COMMISSION RECOMMENDATION
At its January 17, 2019, regular hearing, the Planning and Zoning Board unanimously adopted on the consent
agenda the staff recommendation that City Council approve the revisions.
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)
ATTACHMENT 1
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ORDINANCE NO. 019, 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, 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 1.3.4(C)(3)(b) of the Land Use Code is hereby amended to
read as follows:
1.3.4 Addition of Permitted Uses
. . .
(C) Procedures and Required Findings
. . .
(b) In considering the recommendation of the Planning and Zoning Board and
in determining whether a proposed use should be added, the City Clerk shall
cause the hearing by the City Council to be placed on the agenda for a future
City Council meeting; and the public hearing before the City Council shall
be held after at least fifteen (15) days' notice of the time, date and place of
such hearing and the subject matter of the hearing and the nature of the
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proposed zoning change has been given by publication in a newspaper of
general circulation within the City and City Council shall follow the
applicable hearing procedures established by the City Council by resolution
for such hearings. In determining the addition of permitted use, the City
Council shall consider only the requirements set forth in subsection (c)
below.
. . .
Section 3. That Section 2.2.3(C)(1) of the Land Use Code is hereby amended to read
as follows:
2.2.3 Step 3: Development Application Submittal
. . .
(C) Development Application Contents.
(1) Development Application Submittal Requirements Master List. A master list of
development application submittal requirements shall be established by the
Director. The master list shall, at a minimum, include a list of all information, data,
explanations, analysis, testing, reports, tables, graphics, maps, documents, forms or
other items reasonably necessary, desirable or convenient to (1) determine whether
or not the applicant, developer and/or owner have the requisite power, authority,
clear title, good standing, qualifications and ability to submit and carry out the
development and/or activities requested in the development application; and (2)
determine whether or not the development activities and development application
address and satisfy each and every applicable general development standard,
district standard or other requirement or provisions of this Land Use Code.
Section 4. That Section 2.18.3(F) of the Land Use Code is hereby amended to read as
follows:
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
. . .
(F) Step 6 (Notice): Applicable only for Minor Subdivisions that result in the creation
of no more than one (1) additional lot.
. . .
Section 5. That Section 3.8.16(E) of the Land Use Code is hereby amended to read as
follows:
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3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed
. . .
(E) Increasing the Occupancy Limit.
. . .
(2) With respect to multiple-family and single family attached dwellings, the decision
maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a
written request from the applicant and upon a finding that all applicable criteria of
this Code have been satisfied, increase the number of unrelated persons who may
reside in individual dwelling units. The decision maker shall not increase said
number unless satisfied that the applicant has provided sufficient additional
amenities, either public or private, to sustain the activities associated with multi-
family residential development, to adequately serve the occupants of the
development and to protect the adjacent neighborhood. Such amenities may
include, without limitation, passive open space, buffer yards, on-site management,
recreational areas, plazas, courtyards, outdoor cafes, neighborhood centers, limited
mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters, shuttle
services or other facilities and services.
. . .
Section 6. That Section 3.8.28 of the Land Use Code is hereby amended to read as
follows:
3.8.28 Extra Occupancy Rental House Regulations
(A) Extra occupancy rental houses, not including multiple family and single family
attached dwellings which shall be governed by Section 3.8.16(E)(2), shall conform
to the occupancy limits and separation requirements specified in the following
table:
. . .
Section 7. That section 3.8.32(D) of the Land Use Code is hereby amended to read as
follow:
3.8.32 Solar Energy Systems.
. . .
(D) Standards for Small, Medium and Large-scale Solar Energy Systems. Solar
energy systems shall conform to the applicable size-based regulations as set out in
this subsection (D):
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(1) Small-Scale Solar Energy Systems.
(a) Covering less than one-half (0.5) acre.
. . .
(2) Medium-Scale Solar Energy Systems.
(a) Covering between one-half (0.5) acre and five (5) acres.
. . .
(3) Large-Scale Solar Energy Systems.
(a) Covering more than five (5) acres.
. . .
Section 8. That Section 4.5(D) of the Land Use Code is hereby amended by the
addition of a new subparagraph (9) which reads in its entirety as follows:
(D) Land Use Standards.
(9) Maximum Number of Dwelling Units Defined As Extra Occupancy Rental House.
The maximum number of dwelling units defined as Extra Occupancy Rental
Houses shall be depicted on an application for a Project Development Plan and shall
be limited to twenty-five (25) percent of the total number of dwelling units of said
plan.
Section 9. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Plat” which reads in its entirety as follows:
Plat shall mean (1) a map of a subdivision; (2) a map of a parcel or parcels contained within
an annexation; (3) a map representing a tract of land showing the boundaries and location
of individual properties and streets;
Section 10. That the definition “Subdivision” contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land
into one (1) or more lots, plots or sites.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2019, and to be presented for final passage on the 19th day of February, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of February, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk