HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2018 - SECOND READING OF ORDINANCE NO. 063, 2018, MAKINGAgenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY June 5, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
Second Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land
Use Code.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 15, 2018, adopts a variety of revisions,
clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that
have been identified since the last update in May 2017.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (PDF)
2. Ordinance No. 063, 2018 (PDF)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY May 15, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 063, 2018, 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 housekeeping and routine in nature that have been identified since the last update in May 2017.
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 that have been identified since the last
update. The proposed changes are offered to resolve implementation issues and to continuously improve both
the overall quality and “user-friendliness” of the Code.
CITY FINANCIAL IMPACTS
One of the proposed changes would add five new uses that would be allowed within an L-M-N Neighborhood
Center. These additions allow the Land Use Code to respond to current market trends and further enable
economic activity.
BOARD / COMMISSION RECOMMENDATION
At its April 19, 2018 meeting, the Planning and Zoning Board considered the proposed revisions and voted
unanimously to recommend approval of the package of Land Use Code revisions.
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 2017 and the early part of 2018. In addition, 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 835 subscribers. Staff presented the proposed revisions to the Fort Collins
Area Chamber of Commerce Local Legislative Affairs Committee. The proposed changes were also forwarded
to members of the Development Review Advisory Committee. The items were noted on the “Agenda” notice for
the April Planning and Zoning Board public hearing, and then post-hearing, listed again under “Recent
Outcomes.”
ATTACHMENT 1
Agenda Item 10
Item # 10 Page 2
ATTACHMENTS
1. Land Use Code Issues List (PDF)
2. Annotated Issues Summary (PDF)
3. Annotated Ordinance Index (PDF)
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ORDINANCE NO. 063, 2018
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 1.4.3(E) of the Land Use Code is hereby amended to read as
follows:
. . .
(E) Official Record. The Director shall maintain an official record of all interpretations in the
Department. Such official record shall be available for public inspection during normal
business hours.
. . .
Section 3. That Section 2.1.1 of the Land Use Code is hereby amended to read as
follows:
2.1.1 - Decision Maker and Administrative Bodies
The City Council, Planning and Zoning Board, Zoning Board of Appeals and Director are
frequently referenced in this Land Use Code. Reference should be made to Chapter 2 of the City
Code for descriptions of these and other decision makers and administrative bodies, and their
powers, duties, membership qualifications and related matters.
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. . .
Section 4. That Section 2.2.1 of the Land Use Code is hereby amended to read as
follows:
2.2.1 - Step 1: Conceptual Review/Preliminary Design Review
(A) Conceptual Review:
(1) Purpose. Conceptual review is an opportunity for an applicant to discuss
requirements, standards and procedures that apply to his or her development proposal.
Major problems can be identified and solved during conceptual review before a formal
application is made.
Representatives of the Department, Poudre Fire Authority, Police Services, Water &
Wastewater Utilities, Electric Utility, Stormwater Utility, and other departments as
appropriate, and special districts where applicable.
. . .
(B) Preliminary Design Review:
(1) Purpose. Preliminary design review is an opportunity for an applicant to discuss
requirements, standards, procedures, potential modifications of standards or variances that
may be necessary for a project and to generally consider in greater detail the development
proposal design which has been evaluated as a part of the conceptual review process. While
the conceptual review process is a general consideration of the development proposal,
preliminary design review is a consideration of the development proposal in greater detail.
Problems of both a major and minor nature can be identified and solved during the
preliminary design review before a formal application is made.
Representatives of the Department, Poudre Fire Authority, Police Services, Water and
Wastewater Utilities, Electric Utility, Stormwater Utility, and other departments as
appropriate, and special districts where applicable. Additionally, other public or quasi-
public agencies which may be impacted by the development project are invited and
encouraged to attend the preliminary design review. These agencies may include the gas
utility, water and/or wastewater utility districts, ditch companies, railroads, cable television
service providers and other similar agencies.
. . .
Section 5. That Section 2.13.3 of the Land Use Code is hereby amended to read as
follows:
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2.13.3 - Application
An Application for vested rights determination or takings determination shall be submitted to the
Director in the form established by the director. an application fee in the amount of two thousand
five hundred dollars ($2,500.00) per application (i.e., $2,500.00 for vested rights, $2,500.00 for
takings, whichever is applied for) shall accompany and be part of the application. the application
shall, at a minimum, include:
. . .
Section 6. 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 3.9, except that single-family
detached dwellings and extra occupancy rental houses on platted lots that are subject only
to building permit review under article 4, as well as any accessory buildings, structures
and accessory uses associated with such single-family dwellings and extra occupancy
rental houses, need to comply only with: (a) the standards contained in article 4 for the
zone district in which such uses are located; (b) the standards contained in division 3.8;
and (c) with respect to extra occupancy rental houses, the 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 a completed development to the extent that the provisions
of this land use code can be reasonably and logically interpreted as having such ongoing
application.
Section 7. That Section 3.2.1(E)(3) of the Land Use Code is hereby amended to read
as follows:
3.2.1 Landscaping and Tree Protection
(3) Water Conservation. Landscape plans shall be designed to incorporate water-
efficient techniques.
(a) Landscape designs shall be designed according to the xeriscape
landscaping principles described as follows:
1. Plan and design. Plan for how people will use and interact with the
landscape. Group landscape materials accordingly based upon
hydrozone.
2. Landscape arrangement. Provide a cohesive arrangement of turf,
plants, mulch, boulders and other landscape elements that support
the criteria in Section 3.2.1(H). Landscape elements shall be
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arranged to provide appropriate plant spacing and grouping and to
avoid a disproportionate and excessive use of mulch areas.
3. Appropriate use of turf. Limit high water-use turf to high-traffic
areas where turf is functional and utilized.
4. Appropriate plant selection. Selected plants shall be well-adapted
to the Fort Collins climate and site conditions. Plants shall be
grouped according to water and light requirements.
5. Efficient irrigation. Design, operate and maintain an efficient
irrigation system. Select equipment appropriate to the hydrozone.
Water deeply and infrequently to develop greater drought
tolerance.
6. Soil preparation. Incorporate soil amendments appropriate to the
soil and the plant material. Soil preparation must be in accordance
with City of Fort Collins Municipal Code 3.8.21.
7. Mulch. Maintain a minimum depth of three inches of mulch in
planting beds to conserve soil moisture and control weeds, with
careful placement and adjustment of depth near plant stems as
needed to allow unimpeded plant establishment and vigorous
growth.
8. Maintenance. Provide regular maintenance including but not
limited to weeding, pruning, mowing to an appropriate height,
deadheading, replacement of dead plant material, and
replenishment of mulch surfaces.
9. Xeriscape principles do not include or allow artificial turf or plants;
paving of areas not used for walkways, patios or parking; excessive
bare ground or mulch; weed infestations; or any landscaping that
does not comply with the standards of this section.
(b) Landscape plans shall include:
1. A water budget chart that shows the total annual water use, which
shall not exceed an average of fifteen (15) gallons/square foot for
the landscape.
a. Accurate and clear identification of all applicable
hydrozones using the following categories:
High Hydrozone 18 gallons/square feet/season
Moderate Hydrozone 10 gallons/square feet/season
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. . .
Section 8. That Section 3.2.1(I)(2) of the Land Use Code is hereby amended to read as
follows:
(2) Plant Materials. Plant material shall be selected from the City of Fort Collins
Plant List created by Fort Collins Utilities Customer Connections Department and
adopted by the Director. The Plant List contains plants determined by local
resources to be appropriate for local conditions. The Director may approve plants
not included on the list upon a determination that such plants are well suited for
the local climate.
. . .
Section 9. That Section 3.2.1(J)(2) of the Land Use Code is hereby amended to read
as follows:
(J) Irrigation.
. . .
(2) For any development provided water within the City, an irrigation plan
shall be submitted to and approved by the Director prior to the issuance of
the building permit, or if no building permit is required, then prior to
commencement of construction. As determined by the Director, minor
redevelopment or change of use projects may not be required to submit an
irrigation plan; in such cases, a written statement shall be submitted
describing the type of irrigation system proposed. The irrigation plan shall
incorporate the City of Fort Collins Irrigation System Standards for Water
Conservation set forth below. In addition, the irrigation system must be
inspected for compliance with the approved irrigation plan before the
issuance of a Certificate of Occupancy.
. . .
Section 10. That Section 3.2.1(J)(3)(b)3. of the Land Use Code is hereby amended to
read as follows:
3. Irrigation controllers shall be "smart" controllers, using climate-
based or soil moisture-based technology, selected from the
WaterSense labeled irrigation controllers list issued by the United
States Environmental Protection Agency from time-to-time and
available at the City of Fort Collins Utilities Water Conservation
Low Hydrozone 3 gallons/square feet/season
Very Low Hydrozone 0 gallons/square feet/season
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Department. Controllers shall be installed and programmed
according to manufacturer's specifications.
. . .
Section 11. That Section 3.2.1(J)(3)(b)4. of the Land Use Code is hereby amended to
read as follows:
An evapotranspiration (ET) sensor or weather monitor shall be installed on
each irrigation controller and installed according to manufacturer’s
specifications in a location to receive accurate weather conditions.
. . .
Section 12. That Section 3.2.1(J)(3)(b)5.f. of the Land Use Code is hereby amended to
read as follows:
f. Sprayheads on a zone shall have matched precipitation
nozzles. Variable Arc Nozzles (VAN) are not acceptable for
ninety (90), one hundred eighty (180) and three hundred
sixty (360) degree applications. High-Efficiency Variable
Arc Nozzles (HE-VAN) are acceptable only in odd shaped
areas where ninety (90), one hundred eighty (180) and three
hundred sixty (360) are not applicable.
Section 13. That Section 3.2.1(J)(3)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Sprinkler Performance Audit.
. . .
3. Audit results below the minimum acceptable distribution
uniformity as set for the subsection (e)2. above require adjustments
and/or repairs to the irrigation system. These corrections will be
noted on the irrigation as-builts and the test area re-audited until
acceptable efficiency/results.
4. The audit shall measure the operating pressure for one (1) sprinkler
on each zone to determine whether the zone meets the above
pressure requirements.
5. A copy of the sprinkler performance audit shall be submitted to
and approved by the City before issuance of a certificate of
occupancy.
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Section 14. That Section 3.2.2(C)(4)(b) of the Land Use Code is hereby amended to
read as follows:
. . .
(4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-family
residential uses shall provide bicycle facilities to meet the following standards:
. . .
(b) Bicycle Parking Space Requirements. The minimum bicycle parking
requirements are set forth in the table below. For uses that are not
specifically listed in the table, the number of bicycle parking spaces
required shall be the number required for the most similar use listed.
Enclosed bicycle parking spaces may not be located on balconies.
. . .
Section 15. That Section 3.2.2(C)(5) of the Land Use Code is hereby amended to read
as follows:
(5) Walkways.
(a) Directness and Continuity. Walkways within the site shall be located and
aligned to directly and continuously connect areas or points of pedestrian
origin and destination, and shall not be located and aligned solely based
on the outline of a parking lot configuration that does not provide such
direct pedestrian access. Walkways shall be unobstructed by vertical
curbs, stairs, raised landscape islands, utility appurtenances or other
elements that restrict access and shall link street sidewalks with building
entries through parking lots. Such walkways shall be raised or enhanced
with a paved surface not less than six (6) feet in width. Drive aisles leading
to main entrances shall have walkways on both sides of the drive aisle.
. . .
Section 16. That Section 3.2.4(D)(6) of the Land Use Code is hereby amended to read
as follows:
(6) Unique areas or neighborhoods within the City may have additional design
guidelines for lighting as part of a neighborhood or area plan. The Department can
provide information regarding neighborhood or area plans. Natural areas and
natural features shall be protected from light and spillage from off-site sources.
. . .
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Section 17. 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 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 and available
from the Department, including but not limited to the following:
(1) Porous Pavers:
(a) Installation must be verified via inspection by an authorized City
inspector at the point of installation of the outlet, underdrain,
geomembrane layer, if included in whole or in part in the design
detail set forth in the Development Plan Documents, and sub-base
course.
(b) Installation of this facility must be verified via inspection by an
authorized City inspector at the point of installation of the pavers
and joint fill material.
(2) Bioretention Cells, Rain Gardens, and/or Sand Filters:
(a) Installation of this facility was verified via inspection by an
authorized City inspector at the point of installation of the outlet,
underdrain and geomembrane layer, if included in whole or in part
in the design detail set forth in the Development Plan Documents,
and base course.
(b) Installation of this facility was verified via inspection by an
authorized City inspector at the point of installation of the pea gravel
course and sand or growing media layer course.
(3) Extended Detention Basins: Installation of this facility was verified via
inspection by an authorized City inspector at the point of installation of the
water quality control box(es).
(4) Underground Treatment: Installation of this facility was verified via
inspection by an authorized City inspector at the point at which the feature
is installed but not buried.
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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 18. That Section 3.5.2(E)(5) of the Land Use Code is hereby amended to read
as follows:
(5) Maximum Size of Detached Accessory Buildings. Any detached accessory
building that is incidental to a single-family or two-family dwelling shall contain
a maximum of eight hundred (800) square feet of floor area on lots that are less
than twenty thousand (20,000) square feet in size, a maximum of one thousand
two hundred (1,200) square feet of floor area on lots that are between twenty
thousand (20,000) square feet and one (1) acre in size, and a maximum floor area
of six (6) percent of the total lot area on lots that are larger than one (1) acre in
size, except that the size of such building may be increased by the minimum
amount necessary to accommodate a handicap accessible parking bay when such
a bay is required by the City's Building Code.
. . .
Section 19. That Section 3.8.13(C)(9) of the Land Use Code is hereby amended to read
as follows:
. . .
(9) Lighting. The light source for security lighting shall comply with the requirements
of Section 3.2.4. Light fixtures, whether freestanding or tower-mounted, shall not
exceed twenty-two (22) feet in height.
. . .
Section 20. That Section 3.8.17(C) of the Land Use Code is hereby amended to read
as follows:
(C) Exemptions From Building Height Regulations. The following structures and features
shall be exempt from the height requirements of this Land Use Code:
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. . .
(9) structures associated with occupied roofs where the parapet wall does not exceed
four (4) feet above the roof deck. If such roofs include enclosed space, such space
such as shade structures, storage closets, and other installations, shall cover no
more than twenty-five (25) percent of the horizontal surface area of the roof and
shall be set back at a thirty-five (35) degree angle measured at the intersection of
the floor plane of the story below the roof.
Section 21. That Section 3.8.30(A) and (C) of the Land Use Code is hereby amended to
read as follows:
3.8.30 - Multi-Family and Single-Family Attached Dwelling Development Standards
(A) Purpose/Applicability. The following standards apply to all:
(1) multi-family developments that contain at least four (4) dwelling units; and
(2) single-family attached developments that contain at least four (4) dwelling units
where there is no reasonably sufficient area for outdoor activities and useable
outdoor space on an individual per lot.
These standards are intended to promote variety in building form and product, visual interest,
access to parks, pedestrian-oriented streets and compatibility with surrounding neighborhoods.
. . .
(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:
. . .
(2) Privately owned parks, meeting the following criteria:
(a) 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 single-
family attached and 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,
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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 22. That Section 3.8.30(F)(1) of the Land Use Code is hereby amended to read
as follow:
(F) Design Standards for Multi-Family Dwellings.
(1) Along Single- and Two-Family Residential Development. Buffer yards
shall be provided along the property line of abutting existing single- and
two-family dwellings. Minimum depth shall be twenty-five (25) feet. This
provision shall not apply to the Neighborhood Conservation Buffer (NCB)
district and the Neighborhood Conservation Medium Density (NCM)
district.
. . .
Section 23. That Section 4.1(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (6) which reads in its entirety as follows:
6. Wireless telecommunication equipment, unless located
within one thousand three hundred twenty (1,320) feet
(one-quarter [1/4] mile) of the centerline of either I-25 or
Carpenter Road.
Section 24. That Section 4.1(B)(3)(d) of the Land Use Code is hereby deleted in its
entirety.
Section 25. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (6) which reads in its entirety as follows:
6. Wireless telecommunication equipment.
Section 26. That Section 4.2(B)(3)(e)(2) of the Land Use Code is hereby deleted in its
entirety.
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Section 27. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
5. Wireless telecommunication equipment.
Section 28. That Section 4.3(B)(3)(d) of the Land Use Code is hereby deleted in its
entirety.
Section 29. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
5. Wireless telecommunication equipment.
Section 30. That Section 4.4(B)(3)(e) of the Land Use Code is hereby deleted in its
entirety.
Section 31. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
5. Wireless telecommunication equipment.
Section 32. That Section 4.5(B)(2)(c)3. of the Land Use Code is hereby amended to
read as follows:
3. Neighborhood centers consisting of at least two (2) of the
following uses: mixed-use dwelling units; retail stores;
convenience retail stores; personal and business service
shops; small animal veterinary facilities; offices, financial
services and clinics; community facilities; neighborhood
support/ recreation facilities; schools; child care centers;
limited indoor recreation establishments; open-air farmers
markets; and places of worship or assembly, dog day care,
music studio, micro brewery/distillery/winery.
. . .
Section 33. That Section 4.5(B)(3)(c)1. of the Land Use Code is hereby amended to
read as follows:
(c) Commercial/Retail Uses:
1. Neighborhood centers consisting of one (1) or more of the
following uses: standard and fast food restaurants (without drive-in
or drive-through facilities); artisan and photography studios and
galleries; or convenience retail stores with fuel sales that are at
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least three-quarters (¾) mile from any other such use and from any
gasoline station; grocery store, health and membership club,
provided that such use or uses are combined with at least one (1)
other use listed in subparagraph (B)(2)(c)3 above.
. . .
Section 34. That Section 4.5(B)(3)(f) of the Land Use Code is hereby deleted in its
entirety.
Section 35. That Section 4.5(D)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(a) A minimum of housing types is required on any project development plan
as follows:
1. a minimum of two (2) housing types is required on any project
development plan containing at least fifteen (15) acres and less than
twenty (20) acres.
2. a minimum of three (3) housing types is required on any project
development plan containing twenty (20) acres and less than thirty
(30) acres, including such plans that are part of a phased overall
development; and
3. a minimum of four (4) housing types is required on any such project
development plan containing thirty (30) acres or more.
. . .
Section 36. That Section 4.5(D)(3)(c) of the Land Use Code is hereby amended to read
as follows:
(c) Land Use Requirements. A neighborhood center shall include two (2) or
more of the following uses: mixed-use dwelling units; community facilities;
neighborhood support/recreation facilities; schools; child care centers;
places of worship or assembly; convenience retail stores; retail stores;
offices, financial services and clinics with less than five thousand (5,000)
square feet of building footprint area; personal or business service shops;
standard or fast food restaurants (without drive-in or drive-through
facilities); small animal veterinary clinics; convenience retail stores with
fuel sales that are at least three-quarters (¾) mile from any other such use
and from any gasoline station; and artisan or photography studios or
galleries, dog day cares, music studios, micro-
breweries/distilleries/wineries, grocery stores and health and membership
clubs. No drive-in facilities shall be permitted. A neighborhood center shall
not exceed (5) acres in size, excluding such portion of the neighborhood
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center which is composed of a school, park, place of worship or assembly
and/or outdoor space as defined in subparagraph (e) of this Section.
Section 37. That Section 4.5(D) of the Land Use Code is hereby amended by the
addition of a new subsection (8) which reads in its entirety as follows:
(D) Land Use Standards.
. . .
(8) Long Term Care Facilities – Independent Living Facility. Independent
dwelling units shall not occupy more than fifty (50) percent of the total gross
floor area of a long-term care development.
Section 38. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
5. Wireless telecommunication equipment.
Section 39. That Section 4.6(B)(3)(e) of the Land Use Code is hereby deleted in its
entirety.
Section 40. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended by the
addition of a new subparagraph (6) which reads in its entirety as follows:
6. Wireless telecommunication equipment.
Section 41. That Section 4.7(B)(3)(d) of the Land Use Code is hereby deleted in its
entirety.
Section 42. That Section 4.7(D)(2)(b) of the Land Use Code is hereby amended to read
as follows:
(b) For the purpose of calculating allowable floor area, one hundred (100) percent of
the floor area of the following spaces and building elements shall be included:
. . .
4. Carports.
. . .
Section 43. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended by the
addition of a new subparagraph (6) which reads in its entirety as follows:
6. Wireless telecommunication equipment.
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Section 44. That Section 4.8(B)(3)(e) of the Land Use Code is hereby deleted in its
entirety.
Section 45. That Section 4.8(D)(2)(b) of the Land Use Code is hereby amended to read
as follows:
(b) For the purpose of calculating allowable floor area, one hundred (100) percent of
the floor area of the following spaces and building elements shall be included:
. . .
4. Carports.
. . .
Section 46. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended by the
addition of a new subparagraph (6) which reads in its entirety as follows:
6. Wireless telecommunication equipment.
Section 47. That Section 4.9(B)(3)(e) of the Land Use Code is hereby deleted in its
entirety.
Section 48. That Section 4.10(B)(1)(a) 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 telecommunication equipment.
Section 49. That Section 4.10(B)(3)(e) of the Land Use Code is hereby deleted in its
entirety.
Section 50. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
5. Wireless telecommunication equipment.
Section 51. That Section 4.13(B)(2)(c) of the Land Use Code is hereby amended to read
as follows:
(c) Accessory/Miscellaneous Uses:
1. Agricultural activities.
2. Wireless telecommunication facilities.
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Section 52. That Section 4.14(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
5. Wireless telecommunication equipment.
Section 53. That Section 4.14(B)(3)(d) of the Land Use Code is hereby amended to read
as follows:
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication facilities.
Section 54. That Section 4.16(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (3) which reads in its entirety as follows:
3. Wireless telecommunication equipment.
Section 55. That the table contained in Section 4.16(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
. . .
E. ACCESSORY - MISCELLANEOUS
. . . . . . . . . . . .
. . . . . . . . . . . .
Section 56. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 57. That Section 4.17(B)(1)(g) of the Land Use Code is hereby amended to read
as follows:
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
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2. Medical marijuana-infused product manufacturers.
3. Medical marijuana research and development facility.
4. Facility for medical marijuana research and development
cultivation.
5. Medical marijuana testing facility.
6. Retail marijuana cultivation facility.
7. Retail marijuana product manufacturing facility.
8. Retail marijuana testing facility.
Section 58. That Section 4.17(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
Section 59. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 60. That Section 4.18(B)(2)(e) of the Land Use Code is hereby deleted in its
entirety as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
2. Wireless telecommunication facilities.
Section 61. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 62. That Section 4.19(B)(1)(g) of the Land Use Code is hereby amended to read
as follows:
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(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
3. Medical marijuana research and development facility.
4. Facility for medical marijuana research and development
cultivation.
5. Medical marijuana testing facility.
6. Retail marijuana cultivation facility.
7. Retail marijuana product manufacturing facility.
8. Retail marijuana testing facility.
Section 63. That Section 4.19(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
2. Wireless telecommunication facilities.
Section 64. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 65. That Section 4.20(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Wireless telecommunication facilities.
2. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
Section 66. That Section 4.21(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (3) which reads in its entirety as follows:
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3. Wireless telecommunication equipment.
Section 67. That the table contained in Section 4.21(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use I-25/SH 392 (CAC)
General Commercial District
(C-G)
. . .
E. ACCESSORY – MISC.
. . . . . . . . .
. . . . . . . . .
Section 68. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 69. That Section 4.22(B)(1)(g) of the Land Use Code is hereby amended to read
as follows:
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation
operations.
2. Medical marijuana-infused product manufacturers.
3. Medical marijuana research and development facility.
4. Facility for medical marijuana research and development
cultivation.
5. Medical marijuana testing facility.
6. Retail marijuana cultivation facility.
7. Retail marijuana product manufacturing facility.
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8. Retail marijuana testing facility.
Section 70. That Section 4.22(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
2. Wireless telecommunication facilities.
Section 71. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 72. That Section 4.23(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
2. Wireless telecommunication facilities.
Section 73. That Section 4.24(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (3) which reads in its entirety as follows:
3. Wireless telecommunication equipment.
Section 74. That the table contained 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
. . .
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Medical marijuana optional premises cultivation
operations
Not permitted BDR
Medical marijuana-infused product manufacturers Not permitted BDR
Medical marijuana research and development facility
Not
Permitted
BDR
Facility for medical marijuana research and development
cultivation
Not
Permitted
BDR
Medical marijuana testing facility Not permitted BDR
Retail marijuana cultivation facility. Not permitted BDR
Retail marijuana product manufacturing facility Not permitted BDR
Retail marijuana testing facility Not permitted BDR
. . . . . . . .
E. ACCESSORY – MISC.
. . . . . . . . .
Section 75. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 76. That Section 4.26(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
2. Wireless telecommunication facilities.
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Section 77. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 78. That Section 4.27(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
2. Wireless telecommunication facilities.
Section 79. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph (7) which reads in its entirety as follows:
7. Wireless telecommunication equipment.
Section 80. That Section 4.28(B)(1)(f) of the Land Use Code is hereby amended to read
as follows:
(f) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
3. Medical marijuana research and development facility.
4. Facility for medical marijuana research and development
cultivation.
5. Medical marijuana testing facility.
6. Retail marijuana cultivation facility.
7. Retail marijuana product manufacturing facility.
8. Retail marijuana testing facility.
9. Small-scale and medium-scale solar energy systems.
Section 81. That Section 4.28(B)(2)(e) of the Land Use Code is hereby amended to read
as follows:
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(e) Accessory/Miscellaneous Uses:
1. Mixed-use dwelling units constructed at ground level,
provided they are ancillary to and associated with a principal
nonresidential use on the lot.
2. Satellite dish antennas greater than thirty-nine (3) inches in
diameter.
3. Wireless telecommunication facilities.
Section 82. That the definition “Bicycle parking, enclosed” contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Bicycle parking, enclosed shall mean bicycle storage in lockers, a room or other space
within a parking structure or other building, including a shed or carport. All types of
enclosed bicycle storage must be easily accessible to entrances and walkways, secure,
lighted and protected from the weather. Each storage space shall provide a minimum of six
(6) square feet in area. The storage space shall not impede fire exits or be located so that
parked bicycles interfere with public access.
Section 83. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Carport” which reads in its entirety as follows:
Carport shall mean an accessory building attached or detached from a principal building
and customarily used with, and clearly incidental and subordinate to the principal building
or use, consisting of a roof but no more than one (1) wall and typically intended to provide
weather protection for vehicles, boats, trailers, and the like.
Section 84. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Department” which reads in its entirety as follows:
Department shall mean the Community Development and Neighborhood Services
Department, or the successor department existing from time-to-time in the City’s
organizational structure as set for in this Code.
Section 85. That the definition “Director” contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
Director shall mean the Director of the Department.
Section 86. That the definition “Hydrozone” contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
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Hydrozone shall mean an area within the landscape defined by a grouping of plants
requiring a similar amount of water to sustain health. For the purposes of this Code,
hydrozones are divided into the following four (4) categories:
(1) Very low hydrozones include plantings that need supplemental water
when first planted, but little or none once established.
(2) Low hydrozones include plantings that generally do not require more than
three (3) gallons per square foot of supplemental water per year. These
plantings require additional water during plant establishment or drought.
(3) Moderate hydrozones include plantings that generally require ten (10)
gallons per square foot of supplemental water per year.
(4) High hydrozones include plantings that generally require eighteen (18)
gallons per square foot of supplemental water per year
Section 87. That the definition “Indoor kennel” contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Indoor kennel shall mean an establishment in which twenty-four (24)- hour care and
boarding is provided for household dogs or cats within a soundproof building (or buildings)
that contains exercise facilities, separate ventilation systems for dogs and cats if they are
boarded in the same building, and wherein other services such as grooming and training
are offered. Dogs in an indoor kennel are only allowed in an outdoor exercise area during
the hours of 8am-5pm.
Section 88. That the definition “Long-term care facility” contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follow:
Long-term care facility shall mean any of the following:
1. Convalescent or rehabilitation center shall mean a health institution that is planned,
organized, operated and maintained to offer facilities and services to inpatients
requiring restorative care and treatment and that is either an integral patient care
unit of a general hospital or a facility physically separated from, but maintaining an
affiliation with, all services in a general hospital.
2. Nursing or memory care facility shall mean a health institution planned, organized,
operated and maintained to provide facilities and health services with related social
care to inpatients who require regular medical care and twenty-four-hour per day
nursing services for illness, injury or disability. Each patient shall be under the care
of a physician licensed to practice medicine in the State of Colorado. The nursing
services shall be organized and maintained to provide twenty-four (24) -hour per
day nursing services under the direction of a registered professional nurse employed
full time.
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3. Intermediate health care or assisted living facility shall mean a health-related
institution planned, organized, operated and maintained to provide facilities and
services which are supportive, restorative or preventive in nature, with related
social care, to individuals who because of a physical or mental condition, or both,
require care in an institutional environment but who do not have an illness, injury
or disability for which regular medical care and twenty-four (24) -hour per day
nursing services are required.
4. Independent living or continuing care facility shall mean a single-family, two-
family and/or multi-family dwelling which is located within a development that
contains one (1) or more of the facilities described in (1) through (3) above, wherein
the residents of such dwellings have access to the common amenities and services
available to residents of the facilities described in (1) through (3) above.
Section 89. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Marijuana products” which reads in its entirety as follows:
Marijuana products shall mean concentrated marijuana products and marijuana products
that are comprised of marijuana and other ingredients and are intended for use or
consumption, such as, but not limited to, edible products, ointments, and tincture as defined
in Section 16 (2)(k) of Article XVIII of the Colorado State Constitution.
Section 90. That the definition “Medical marijuana center” contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3,
C.R.S., to operate a business as described in Section 12-43.3-402, C.R.S., that sells
medical marijuana to registered patients or primary caregivers as defined in Section 14 of
Article XVIII of the State Constitution, but is not a primary caregiver.
Section 91. That the definition “Medical marijuana-infused products manufacturer”
contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Medical marijuana-infused products manufacturer shall mean a person licensed pursuant
to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-404,
C.R.S.
Section 92. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Medical marijuana research and development cultivation” which reads in its
entirety as follows:
Medical marijuana research and development cultivation shall mean a facility used by a
person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as
described in Section 12-43.3-409, C.R.S.
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Section 93. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Medical marijuana research and development facility” which reads in its
entirety as follows:
Medical marijuana research and development facility shall mean a facility used by a person
or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as
described in Section 12-43.3-409, C.R.S.
Section 94. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Medical marijuana testing facility” which reads in its entirety as follows:
Medical marijuana testing facility shall mean a facility used by a person or entity licensed
pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-
43.3-405, C.R.S.
Section 95. That the definition “Retail marijuana store” contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana
cultivation facilities and marijuana and marijuana products from marijuana product
manufacturing facilities and to sell marijuana and marijuana products to consumers.
Section 96. That the definition “Retail marijuana testing facility” contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Retail marijuana testing facility shall mean an entity licensed to analyze and certify the
safety and potency of marijuana as defined in Section 16(2)(1) of Article XVIII of the
Colorado State Constitution.
Section 97. That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Structures associated with an occupied roof” which reads in its entirety as
follows:
Structures associated with an occupied roof shall mean improvements to the primary or
lowest portion of a roof deck of a structure that may include, but not be limited to, accessory
rooftop improvements such as pools, decks, raised planters, outdoor furniture, shade
structures, snack bars, televisions, clubhouse or other clubhouse-like elements. Structures
associated with an occupied roof is not a story as that term is used in this Land Use Code.
Section 98. That the definition “Warehouse” contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
Warehouse shall mean a building used primarily for the storage of goods or materials
excluding marijuana products.
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Section 99. That the definition “Wholesale distribution” contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Wholesale distribution shall mean a use primarily engaged in the sale and distribution of
manufactured products, supplies or equipment, including accessory offices or showrooms,
and including incidental retail sales, but excluding marijuana products, bulk storage of
materials that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions, and where the products, supplies or equipment that are
distributed from the facility are not used or consumed on the premises. Activities
customarily include receiving goods in bulk or large lots and assembling, sorting or
breaking down such goods into smaller lots for redistribution or sale to others for resale.
Introduced, considered favorably on first reading, and ordered published this 15th day of
May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of June, A.D. 2018.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk