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HomeMy WebLinkAbout2018CV01 - SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 022S - FORT COLLINS CO LAND USE CODE 3.2.2Division 3.2, Site Planning and Design Standards Section 3.2.1(M) (M) Revegetation. When the development causes any disturbance within any natural area buffer zone, revegetation shall occur as required in paragraph 3.4.1(E)(2) (Development Activities Within the Buffer Zone) and subsection 3.2.1(F) (Tree Protection and Replacement). (N) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative landscape and tree protection plan that may be substituted in whole or in part for a landscape plan meeting the standards of this Section. (1) Procedure. Alternative landscape plans shall be prepared and submitted in accordance with submittal requirements for landscape plans. Each such plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purposes of this Section than would a plan which complies with the standards of this Section. (2) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this Section as required above, the decision maker shall take into account whether the alternative preserves and incorporates existing vegetation in excess of minimum standards, protects natural areas and features, maximizes tree canopy cover, enhances neighborhood continuity and connectivity, fosters nonvehicular access or demonstrates innovative design and use of plant materials and other landscape elements. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 165, 1999 §14, 11/16/99; Ord. No. 59, 2000 §§12, 13, 6/6/00; Ord. No. 186, 2000 §2, 1/2/01; Ord. No. 107, 2001 §§17, 18, 6/19/01; Ord. No. 177, 2002 §7, 12/17/02; Ord. No. 091, 2004 §§6-8, 6/15/04; Ord. No. 104, 2006 §6, 7/18/06; Ord. No. 073, 2008 §4, 7/1/08; Ord. No. 066, 2009 §§5-9, 7/7/09; Ord. No. 080, 2011, §2, 9/6/2011; Ord. No. 051, 2012 §8, 7/17/12; Ord. No. 014, 2013 §§1,2, 2/19/13; Ord. No. 041, 2013 §1, 3/19/13; Ord. No. 092, 2013 §6, 7/16/13; Ord. No. 086, 2014 §31, 7/1/14) 3.2.2 Access, Circulation and Parking (A) Purpose. This Section is intended to ensure that the parking and circulation aspects of all developments are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas. Sidewalk or bikeway Article 3, Page 22-2 Supp. 40 Division 3.2, Site Planning and Design Standards Section 3.2.2(A) extensions off -site may be required based on needs created by the proposed development. This Section sets forth parking requirements in terms of numbers and dimensions of parking stalls, landscaping and shared parking. It also addresses the placement of drive-in facilities and loading zones. (B) General Standard. The parking and circulation system within each develop- ment shall accommodate the movement of vehicles, bicycles, pedestrians and transit, throughout the proposed development and to and from surrounding areas, safely and conveniently, and shall contribute to the attractiveness of the development. The on -site pedestrian system must provide adequate directness, continuity, street crossings, visible interest and security as defined by the stan- dards in this Section. The on -site bicycle system must connect to the City's on - street bikeway network. Connections to the off -road trail system shall be made, to the extent reasonably feasible. Examples & Explanations (C) Development Standards. All developments shall meet the following standards: (1) Safety Considerations. To the maximum extent feasible, pedestrians shall be separated from vehicles and bicycles. (a) Where complete separation of pedestrians and vehicles and bicycles is not possible, potential hazards shall be minimized by the use of techniques such as special paving, raised surfaces, pavement marking, signs or striping, bollards, median refuge areas, traffic calming features, landscaping, lighting or other means to clearly delineate pedestrian areas, for both day and night use. (b) Where pedestrians and bicyclists share walkways, the pedestrian/ bicycle system shall be designed to be wide enough to easily accommodate the amount of pedestrian and bicycle traffic volumes that are anticipated. A minimum width of eight (8) feet shall be required and shall meet American Association of State Highway and Transportation Officials (AASHTO) guidelines, Guide for Development of Bicycle Facilities, August 1991, or any successor publication. Additional width of up to four (4) feet may be required to accommodate higher volumes of bicycle and pedestrian traffic within and leading to Community Commercial Districts, Neighbor- hood Commercial Districts, schools and parks. (2) Curbcuts and Ramps. Curbcuts and ramps shall be located at convenient, safe locations for the physically disabled, for bicyclists and for people pushing strollers or carts. The location and design of curbcuts and ramps Article 3, Page 23 Supp. 37 Division 3.2, Site Planning and Design Standards Section 3.2.2(C) shall meet the requirements of the International Building Code and the City's Americans With Disabilities Act ramp standards and shall avoid crossing or funneling traffic through loading areas, drive-in lanes and outdoor trash storage/collection areas. (3) Site Amenities. Development plans shall include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks, drinking fountains, canopies and benches as described in the Fort Collins Bicycle Program Plan and Pedestrian Plan as adopted by the City. (4) Bicycle Facilities. Commercial, industrial, civic, employment and multi- family residential uses shall provide bicycle facilities to meet the follow- ing standards: (a) Required Types of Bicycle Parking. To meet the minimum bicycle parking requirements, the development must provide required bicy- cle parking for both Enclosed Bicycle Parking and Fixed Bicycle Racks. (b) Bicycle Parking Space Requirements. The minimum bicycle park- ing 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. Use Categories Bicycle Parking Space Minimums % Enclosed Bicycle Parking/ % Fixed Bicycle Racks Residential and Institutional Parking Requirements Multi -Family Residential I per bedroom 60%/40% Fraternity and Sorority Houses I per bed 60%/40% Group Homes No requirement n/a Recreational Uses 1/2,000 sq. ft., minimum of 4 0%/100% Schools/Places of Worship or Assembly and Child Care Centers 1/3,000 sq. ft., minimum of 4 0%/100% Small Scale Reception Centers in the U-E, Urban Estate District 1/4,000 sq. ft., minimum of 4 0%/100% Extra Occupancy Rental Houses 1 per bed 0%/100% Article 3, Page 24 Supp. 37 c C C Division 3.2, Site Planning and Design Standards Section 3.2.2(C) Use Categories Bicycle Parking Space Minimums % Enclosed Bicycle Parking/ % Fixed Bicycle Racks Nonresidential Parking Requirements Restaurants a. Fast food b. Standard 1.511,000 sq. ft., minimum of 4 1/1,000 sq. ft., minimum of 4 0%/100% 0%/100% Bars, Taverns and Nightclubs 11500 sq. ft., minimum of 4 0%/100% Commercial Recreational 1/2,000 sq. ft., minimum of 4 20%/80% Theaters 1/30 seats, minimum of 4 0%/100% General Retail 1/4,000 sq. ft., minimum of 4 20%/80% Personal Business and Service Shop 1/4,000 sq. ft., minimum of 4 20%/80% Shopping Center 1/4,000 sq. ft., minimum of 4 20%/80% Medical Office 1/4,000 sq. ft., minimum of 4 20%/80% Financial Services 1/4,000 sq. ft., minimum of 4 20%/80% Grocery Store, Supermarket 1/3,000 sq. ft., minimum of 4 20%/80% General Office 1/4,000 sq. ft., minimum of 4 20%/80% Vehicle Servicing and Maintenance 4 n/a Low Intensity Retail, Repair Service, Workshop and Custom Small Industry 4 n/a Lodging Establishments I per 4 units 60%/40% Health Facilities 115,000 sq. ft., minimum of 4 20%/80% Industrial: Employee Parking 4 n/a (c) Alternative Compliance. Upon written request by the applicant, the decision maker may approve an alternative number of bicycle parking spaces that may be substituted in whole or in part for the number that would meet the standards of this Section. 1. Procedure. The alternative bicycle parking plan shall be prepared and submitted in accordance with the submittal requirements for bicycle parking plans. Each such plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purposes of this Section than would a plan that complies with the standards of this Section. Supp. 37 Article 3, Page 24-1 Division 3.2, Site Planning and Design Standards Section 3.2.2(C) 2. Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alterative plan accom- plishes the purposes of this Section equally well or better than would a plan that complies with the standards of this Section. In reviewing a request for an alternative number of bicycle parking spaces, the decision maker must consider whether the proposed land use will likely experience a lower than normal amount of bicycle traffic. Factors to be taken into consideration in making this determination may include, but need not be limited to: (i) the nature of the proposed use; (ii) its location in relation to existing or planned bicycle facilities or infra- structure; and (iii) its proximity to natural features that make the use of bicycles for access to the project infeasible. (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 link street sidewalks with building entries through Article 3, Page 24-2 Supp. 37 0- C Division 3.2, Site Planning and Design Standards Section 3.2.2(C) 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. (b) Street Crossings. Where it is necessary for the primary pedestrian access to cross drive aisles or internal roadways, the pedestrian cross- ing shall emphasize and place priority on pedestrian access and safety. The material and layout of the pedestrian access shall be continuous as it crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian access way. The pedestrian crossings must be well -marked using pavement treatments, signs, striping, sig- nals, lighting, traffic calming techniques, median refuge areas and landscaping. (See Figure 3.) Figure 3 Pedestrian Crossings (6) Direct On -Site Access to Pedestrian and Bicycle Destinations. The on -site pedestrian and bicycle circulation system must be designed to provide, or allow for, direct connections to major pedestrian and bicycle destinations including, but not limited to, trails, parks, schools, Neighborhood Centers, Neighborhood Commercial Districts and transit stops that are located either within the development or adjacent to the development as required, to the maximum extent feasible. The on -site pedestrian and bicycle circula- tion system must also provide, or allow for, on -site connections to existing or planned off -site pedestrian and bicycle facilities at points necessary to provide direct and convenient pedestrian and bicycle travel from the devel- opment to major pedestrian destinations located within the neighborhood. Supp. 47 Article 3, Page 25 I)ivision 3.2, Site Planning and Design Standards Section 3.2.2(C) In order to provide direct pedestrian connections to these destinations, additional sidewalks or walkways not associated with a street, or the extension of street sidewalks, such as from the end of a cul-de-sac, or other walkways within the development, to another street or walkway, may be required as necessary to provide for safety, efficiency and convenience for bicycles and pedestrians both within the development and to and from surrounding areas. (7) Off -Site Access to Pedestrian and Bicycle Destinations. Off -site pedestrian or bicycle facility improvements may be required in order to comply with the requirements of Section 3.2.2(E)(1) (Parking Lot Layout), Section 3.6.4 (Transportation Level of Service Requirements), or as necessary to provide for safety, efficiency and convenience for bicycles and pedestrians both within the development and to and from surrounding areas. (8) Transportation Impact Study. In order to identify those facilities that may be required in order to comply with these standards, all development plans must submit a Transportation Impact Study approved by the Traffic Engi- neer, which study shall be prepared in accordance with the Transportation Impact Study guidelines maintained by the city. (D) Access and Parking Lot Requirements. All vehicular use areas in any proposed development shall be designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation that will use the system, (includ- ing, without limitation, cars, trucks, buses, bicycles and emergency vehicles). (1) Pedestrian/Vehicle Separation. To the maximum extent feasible, pedestrians and vehicles shall be separated through provision of a sidewalk or walkway. Where complete separation of pedestrian and vehicles is not feasible, potential hazards shall be minimized by using landscaping, bollards, special paving, lighting and other means to clearly delineate pedestrian areas. (2) Access. Unobstructed vehicular access to and from a public street shall be provided for all off-street parking spaces. Vehicular access shall be provided in such manner as to protect the safety of persons using such access or traveling in the public street from which such access is obtained and in such manner as to protect the traffic -carrying capacity of the public street from which such access is obtained. (3) Location. Only off-street parking areas provided to serve uses permitted in a zone district predominated by residential uses will be allowed in such district. (a) Required off-street parking spaces shall be located on the same lot or premises as the building or use for which they are required unless: 1. such spaces are provided collectively by two (2) or more buildings or uses on abutting lots in a single parking area located within the Supp. 47 Article 3, Page 26 Division 3.2, Site Planning and Design Standards Section 3.2.2 (D) boundaries of those abutting lots, and the total number of park- ing spaces supplied collectively is equal to the number of spaces required by this subdivision for each use considered separately, or 2. an alternative location is approved by the Director provided that the Director must have determined that such location is perma- nent and provides close and easy access to users. (b) Guest Parking. Off-street guest parking spaces in multi -family devel- opments shall be distributed proportionally to the dwelling unit loca- tions that they are intended to serve. Such parking shall not be located more than two hundred (200) feet from any dwelling unit that is intended to be served. (c) Pavement. All open off-street parking and vehicular use areas shall be surfaced with asphalt, concrete or other material in conformance with city specifications. (d) Lighting. Light fixtures provided for any off-street parking area ad- jacent to a residential use or residentially zoned lot shall shield the source of light from sight and prevent the spillover of direct light onto the residential use, while still providing security to motorists, pedes- trians and bicyclists. (e) Maintenance. The property owner shall be responsible for maintain- ing any vehicular use area in good condition and free of refuse and debris and all landscaping in a healthy and growing condition, replac- ing it when necessary as determined by the City Forester. (E) Parking Lot Layout. (1) Circulation Routes. Parking lots shall provide well-defined circulation routes for vehicles, bicycles and pedestrians. (2) Traffic Control Devices. Standard traffic control signs and devices shall be used to direct traffic where necessary within a parking lot. (3) Orientation. Parking bays shall be perpendicular to the land uses they serve to the maximum extent feasible. Large parking lots shall include walkways that are located in places that are logical and convenient for pedestrians. (4) Landscaped Islands. To the maximum extent feasible, landscaped islands with raised curbs shall be used to define parking lot entrances, the ends of all parking aisles and the location and pattern of primary internal access drives, and to provide pedestrian refuge areas and walkways. Supp. 47 Article 3, Page 27 Division 3.2, Site Planning and Design Standards Section 3.2.2 (E) (5) Points of Conflict. The lot layout shall specifically address the interrelation of pedestrian, vehicular and bicycle circulation in order to provide contin- uous, direct pedestrian access with a minimum of driveway and drive aisle crossings. Remedial treatment such as raised pedestrian crossings, forecourts and landings, special paving, signs, lights and bollards shall be provided at significant points of conflict. (6) Lot SizelScale. Large surface parking lots shall be visually and functionally segmented into several smaller lots according to the following standards: (a) Large parking lots shall be divided into smaller sections by landscape areas. Each section shall contain a maximum of two hundred (200) parking spaces. (b) Parking bays shall be landscaped in accordance with the requirements contained in subsection 3.2.1(E)(5). (F) User Needs. Layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrian and bicycle circu- lation. Pedestrian drop-off areas shall be provided where needed, especially for land uses that serve children or the elderly. (G) Shared Parking. Where a mix of uses creates staggered peak periods of parking demand, shared parking calculations shall be made to reduce the total amount of required parking. Retail, office, institutional and entertainment uses may share parking areas. (H) Drive-in Facilities. Any drive-in facilities, if permitted by the zone district regula- tions set forth in Article 4, shall be secondary in emphasis and priority to any other access and circulation functions. Such facilities shall be located in side or rear locations that do not interrupt direct pedestrian access along connecting pedestrian frontage. The design and layout of drive-in facilities for restaurants, banks, or other uses shall: (1) avoid potential pedestrian/vehicle conflicts; (2) provide adequate stacking spaces for automobiles before and after use of the facility; (3) provide adequate directional signage to ensure a free -flow through the facility; and (4) provide a walk-up service option as well as drive-in. Supp. 47 Article 3, Page 28 Division 3.2, Site Planning and Design Standards Section 3.2.2( I ) Co Truck Traffic. All developments that generate truck traffic that is anticipated to adversely affect a neighborhood by creating noise, dust or odor problems shall avoid or mitigate those impacts either through physical design or operational procedures. (J) Setbacks. Any vehicular use area containing six (6) or more parking spaces or one thousand eight hundred (1,800) or more square feet shall be set back from the street right-of-way and the side and rear yard lot line (except a lot line between buildings or uses with collective parking) consistent with the provisions of this Section, according to the following table: Minimum Average of Entire Landscaped Setback Area (feet) Minimum Width of Setback at Any Point (eet) Along an arterial street 15 5 Along a no arterial street 10 5 Along a lot line * 5 5 * Setbacks along lot lines for vehicular use areas maybe increased by the decision maker in order to enhance compatibility with the abutting use or to match the contextual relationship of adjacent or abutting vehicular use areas. (K) Parking Lots - Required Number of Off -Street Spaces for Type of Use. * (1) Residential and Institutional Parking Requirements. Residential and institu- tional uses shall provide a minimum number of parking spaces as defined by the standards below. (a) Attached Dwellings: For each two-family and multi -family dwelling there shall be parking spaces provided as indicated by the following table: Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit* One or less 1.5 Two 1.75 Three 2.0 Four and above 3.0 * Spaces that are located in detached residential garages (but not including parking struc- tures) or in attached residential garages, which attached garages do not provide direct entry into an individual dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the dwelling unit rental rate or purchase price). 1. Multi -family dwellings and mixed -use dwellings within the Transit - Oriented Development (TOD) Overlay Zone shall provide a min- imum number of parking spaces as shown in the following table: Note: *In accordance with Ordinance 121, Section 2, adopted 9/3/2013, Paragraph 3.2.2(K)(1)(a) shall expire and be of no further force and effect at the close of business on September 13, 2014, unless extended by ordinance of the City Council. In accordance with Ordinance 107, adopted 9/2/2014, Paragraph 3.2.2(K)(1)(a) shall expire and be of no further force and effect at the close of business on December 31, 2014, unless extended by ordinance of the City Council. Supp. 47 Article 3, Page 29 Division 3.2, Site Planning and Design Standards Section 3.2.2(K) Number of Bedroonts/Dwelkng Unit Parking Spaces Per Dwellin Unit* One or less 0.75 Two 1 Three 1.25 Four and above 1.5 Rent -by -the Bedroom Parking Spaces Per Bedroom All bedrooms 0.75 *Maximum of 115% of minimum requirement unless provided in a structure. a. Multi -family dwellings and mixed -use dwellings within the Transit -Oriented Development (TOD) Overlay Zone may reduce the required minimum number of parking spaces by providing demand mitigation elements as shown in the fol- lowing table: Demand Mitigation Strategy" Parking Requirement Reduction*** 50% Affordable Housing Dwelling Unit for Sale or for Rent (equal to or less than 60% Area Median Income Transit Passes for each tenant 10% Car Share 5 spaces/1 car share Within 1,000 feet walking distance of MAX 100/0 Station. (Walking distance shall mean an ADA-compliant, contiguous improved walkway measured from the most remote building entrance to the transit station and contained within a public ROW or pedestrian easement.) Bicycle & Pedestrian Level of Service A 100/0 Off -Site Parking 1:1 Shared Parking Based on Approved Alternative Compliance Parking Impact Study Based on Approved Alternative Compliance Participation in the City's Bike Share Based on Approved Alternative Compliance Program Transportation Demand Management Based on Approved Alternative Compliance (TDM **All demand mitigation strategies shall be shown on the site plan and in the Development Agreement and shall be subject to audit for the duration of the project. *** Maximum of 50% reduction without provision of a Parking Impact Study or Transportation Demand Management. 2. Alternative Compliance. Upon written request by the applicant, the decision maker may approve an alternative parking ratio, other than the minimum required in the TOD Overlay Zone per subparagraph 3.2.2(K)(1)(a)(1), that may be substituted in whole or in part for a ratio meeting the standards of this Section. a. Procedure. Alternative compliance parking ratio plans shall be prepared and submitted in accordance with the submittal requirements for plans as set forth in this Section. The re- Supp. 47 Article 3, Page 30 Division 3.2, Site Planning and Design Standards Section 3.2.2(K) quest for alternative compliance must be accompanied by a Parking Impact Study, Transportation Demand Manage- ment proposal, or Shared Parking Study which addresses issues identified in the City's submittal requirements for such studies. b. Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section and the TOD Overlay Zone (3.10) equally well or better than would a plan which complies with the standards of these Sections. In reviewing the request for an alternative parking ratio plan in order to determine whether it accomplishes the purposes of this Section, the decision maker shall take into account the objective and verifiable results of the Parking Impact Study, Transportation Demand Management proposal, or Shared Parking Study together with the proposed plan's compatibil- ity with surrounding neighborhoods in terms of potential spillover parking. (b) Multi -family, Attached or Two -Family Projects Developed with In- ternal Streets: Parking on an internal street fronting on a lot or tract containing multi -family, attached or two-family dwellings (except for mixed -use dwellings and single-family detached dwellings) may be counted to meet the parking requirements for the development. (c) Single -Family Detached: For each single-family dwelling there shall be one (1) parking space on lots with greater than forty (40) feet of street frontage or two (2) parking spaces on lots with forty (40) feet or less of street frontage. (d) Mobile Homes: For each mobile home in a mobile home park there shall be two (2) parking spaces per dwelling unit. (e) Fraternity and Sorority Houses: For each fraternity or sorority house, there shall be two (2) parking spaces per three (3) beds. The alternative compliance provisions of Section 3.2.2(K)(1)(a)(2) may be applied to vary this standard. (f) Group Homes: For each group home there shall be two (2) parking spaces for every three (3) employees, and in addition, one (1) parking space for each four (4) adult residents, unless residents are prohibited from owning or operating personal automobiles. Supp. 42 Article 3, Page 31 Division 3.2, Site Planning and Design Standards Section 3.2.2 (K) (g) Recreational Uses: For each recreational use located in a residential district there shall be one (1) parking space per four (4) persons maximum rated capacity. (h) Schools, Places of Worship or Assembly and Child Care Centers: For each school, place of worship or assembly and child care center, there shall be one (1) parking space per four (4) seats in the auditorium or place of worship or assembly, or two (2) parking spaces per three (3) employees, or one (1) parking space per one thousand (1,000) square feet of floor area, whichever requires the greatest number of parking spaces. In the event that a school, place of worship or assembly, or child care center is located adjacent to uses such as retail, office, employment or industrial uses, and the mix of uses creates staggered peak periods of parking demand, and the adjacent landowners have entered into a shared parking agreement, then the maximum number of parking spaces allowed for a place of worship or assembly shall be one (1) parking space per four (4) seats in the auditorium or place of worship or assembly, and the maximum number of parking spaces allowed for a school or child care center shall be three (3) spaces per one thousand (1,000) square feet of floor area. When staggered peak periods of parking demand do not exist with adjacent uses such as retail, office, employment or industrial uses, then the maximum num- ber of parking spaces allowed for a place of worship or assembly shall be one (1) parking space per three (3) seats in the auditorium or place of worship or assembly, and the maximum number of parking spaces allowed for a school or child care center shall be four (4) spaces per one thousand (1,000) square feet of floor area. (i) Small Scale Reception Centers in the U-E, Urban Estate District. For each reception center there shall be one (1) parking space per four (4) persons maximum rated occupancy as determined by the building code. (j) Extra Occupancy Rental Houses: For each extra occupancy rental house, there shall be 0.75 (%) parking space per tenant, rounded up to the nearest whole parking space, plus one (1) additional parking space if the extra occupancy rental house is owner -occupied. If the lot upon which such parking spaces are to be situated has more than sixty-five (65) feet of street frontage length on any one (1) street or abuts an alley, then each such parking space shall have direct access to the abutting street or alley and shall be unobstructed by any other parking space. If such lot has less than sixty-five (65) feet of street frontage length on any one (1) street and does not abut an alley, then one (1) of the required parking spaces may be aligned in a manner that does not provide direct access to the abutting street. Supp. 42 Article 3, Page 32 C Division 3, Site Planning and Design Standards Section 3.2.2 (K) (k) Short term non -primary rentals and short term primary rentals: The minimum number of off-street parking spaces required are as follows: Number of Bedrooms Rented Number of Off -Street Parking Spaces 1-2 1 3-4 2 5--6 3 The number of additional off-street parking spaces required for more than six (6) bedrooms rented shall be calculated in the same manner used in the above chart (e.g. 7-8 bedrooms rented requires four (4) off-street parking spaces). Short term rentals licensed pursuant to the Code of the City of Fort Collins § 15-646 and for which the license application was submitted prior to October 31, 2017, are exempt from compliance with these parking requirements so long as such license remains continuously valid. Subsequent licenses issued pursuant to § 15-646 shall comply with these parking requirements. Supp. 49 ; t rticle 3, Page 32.1 c c C Division 3.21 Site Planning and Design Standards Section 3.2.2 / K) (2) Nonresidential Parking Requirements: Nonresidential uses shall provide a minimum number of parking spaces. and will be limited to a maximum number of parking spaces as defined by the standards defined below. (a) The table below sets forth the number of minimum required and maximum allowed parking spaces based on the square footage of the gross leasable area and of the occupancy of specified uses. In the event that on -street or shared parking is not available on land adjacent to the use, then the maximum parking allowed may be increased by twenty (20) percent. Use Minimum Parkin • Spaces Maximum Parkin Spaces Restaurants a. Fast Food 7/1000 sq. ft. 1511000 sq. ft. b. Standard 5/1000 sq. ft. 10/1000 sq. ft. Bars, Taverns, and Nightclubs 511000 sq. ft. 10/1000 sq. ft. Commercial Recreational a. Limited Indoor Recreation 3/1000 sq. ft. 6/1000 sq. ft. b. Outdoor .1/person cap .3/person cap c. Bowling Alley 2.5/1000 sq. ft. 5/1000 sq. ft. Theaters 1/6 seats 1/3 seats General Retail 2/1000 sq. ft. 4/1000 sq. ft. Personal Business and Service 2/1000 sq. ft. 4/1000 sq. ft. Shop Shopping Center 2/1000 sq. ft. 511000 sq. ft. Medical Office 2/1000 sq. ft. 4.5/1000 sq. ft. Financial Services 2/1000 sq. ft. 3.5/1000 sq. ft. Grocery Store, Supermarket 3/1000 sq. ft. 6/1000 sq. ft. General Office 1/1000 sq. ft. 3/1000 sq. ft. or .75/employee on the largest shift or 4.5/1000 sq. ft. if all additional parking spaces gained by the increased ratio (over 3/1000 sq. ft.) are contained within a parking garage/structure Vehicle Servicing & Maintenance 2/1000 sq. ft. 5/1000 sq. ft. Low Intensity Retail, Repair 1/1000 sq. ft. 2/1000 sq. ft. Service, Workshop and Custom Small Industr Lodging Establishments 0.5/unit 1/unit Health Facilities a. Hospitals 0.5/bed 1/bed b. Long -Term Care Facilities .33/bed plus 1/two employees on major shift Industrial: Employee Parking 0.5/employee .75/employee (b) Existing Buildings Exemption: Change in use of an existing building shall be exempt from minimum parking requirements. For the expan- sion or enlargement of an existing building which does not result in the material increase of the building by more than twenty-five (25) percent, but not to exceed five thousand (5,000) square feet in the aggregate, shall be exempt from minimum parking requirements. For Supp. 41 Article 3, Page 33 Division 3.2, Site Planning and Design Standards Section 3.2.2 (K) the redevelopment of a property which includes the demolition of existing buildings, the minimum parking requirement shall be applied to the net increase in the square footage of new buildings. (c) TOD Overlay Zone Exemption: If new development is proposed within the Transit -Oriented Development (TOD) Overlay zone, twenty- five (25) percent of the square footage of gross leaseable area of such new development, but not to exceed five thousand (5,000) square feet in the aggregate, shall be exempt from minimum parking require- ments. The exemption shall be distributed proportionally among the uses contained in a mixed -use development. (d) For uses that are not specifically listed in subsections 3.2.2(K)(1) or (2), the number of parking spaces permitted shall be the number permitted for the most similar use listed. (e) For non-residential uses within the Transit -Oriented Development (TOD) Overlay Zone the required minimum number of parking spaces may be reduced by providing demand mitigation strategies as shown in the following table: Demand Mitigation Strate ** Parking Requirement Reduction Transit Passes for every employee within the 10% development Car Share 5 spaces/1 car share Within 1,000 feet walking distance of MAX 100/0 Station. (Walking distance shall mean an ADA-compliant, contiguous improved walkway measured from the most remote building entrance to the transit station and contained within a public ROW or pedestrian easement. Off -Site Parkin 1:1 Bicycle & Pedestrian Level of Service A 10% Shared Parking Based on approved alternative compliance Parking Impact Study Based on approved alternative compliance Transportation Demand Management Based on approved alternative compliance TDM **All demand mitigation strategies shall be shown on the site plan and in the Development Agreement and shall be subject to audit for the duration of the project. (3) Alternative Compliance. Upon written request by the applicant, the deci- sion maker may approve an alternative parking ratio (as measured by the number of parking spaces based on the applicable unit of measurement established in the table contained in Section 3.2.2(K)(2)(a) for nonresiden- tial land uses or the number of parking spaces based on use for recreational and institutional land uses) that may be substituted in whole or in part for a ratio meeting the standards of this Section. (a) Procedure. Alternative compliance parking ratio plans shall be pre- pared and submitted in accordance with the submittal requirements Supp. 41 Article 3, Page 34 Division 3.2, Site Planning and Design Standards Section 3.2.2(K) for plans as set forth in this Section. Each such plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. The request for alternative compliance must be accompanied by a Parking Impact Study, Transportation Demand Management analysis, or Shared Parking Study which addresses issues identified in the City's submittal requirements for such studies. (b) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the request for an alternative parking ratio plan in order to determine whether it accomplishes the purposes of this Section, as required above, the decision maker shall take into account the number of employees occupying the building or land use, the number of expected customers or clients, the availability of nearby on -street parking (if any), the availability of shared parking with abutting, adjacent or surrounding land uses (if any), the provision of purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the city, trip reduction programs (if any), or any other factors that may be unique to the applicant's development request. The decision maker shall not approve the alternative parking ratio plan unless it: 1. does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity, 2. minimizes the visual and aesthetic impact along the public street by placing parking lots to the rear or along the side of buildings, to the maximum extent feasible, minimizes the visual and aesthetic impact on the surrounding neighborhood, 4. creates no physical impact on any facilities serving alternative modes of transportation, 5. creates no detrimental impact on natural areas or features, 6. maintains handicap parking ratios, and Supp. 41 Article 3, Page 34.1 Division 3.2, Site Planning and Design Standards Section 3.2.2 (K) 7. for projects located in D, L-M-N, M-M-N and C-C zone districts, 1' conforms with the established street and alley block patterns, and places parking lots across the side or to the rear of buildings. (c) For recreational and institutional land uses that are required to provide a minimum amount of parking, a request for alternative compliance to provide parking below the required minimum must follow the same procedure and be held to the same review criteria as described in Section 3.2.2(K)(3)(a) and 3.2.2(K)(3)(b), and in addi- tion, must demonstrate: 1. that there will be no dispersal of spillover parking onto surround- ing, adjacent or abutting land uses, and 2. that there will be no dispersal of spillover parking onto surround- ing, adjacent or abutting public streets (or private streets not under legal ownership of the applicant) where parking is prohib- ited. Notwithstanding the spillover parking prohibitions above, spillover parking may be allowed pursuant to this subsection for "Special Event Parking," meaning parking associated with a recreational facility, activity or institution expected to occur no more than four (4) times per year for school assemblies, pageants, graduations, religious cele- brations or other ceremonies or events that occur so infrequently that the public can reasonably be expected to accept the inconvenience of spillover parking on such infrequent occasions. (4) Exception to the General Office Parking Standard. An exception to the general office parking standard as established in the table contained in Section 3.2.2(K)(2)(a) shall be permitted for the purpose of ensuring that the parking provided is adequate but not in excess of the users' needs. Requests for exceptions to the general office parking standard shall be reviewed according to the procedure and criteria contained in subpara- graphs (a) and (b) below. Exceptions shall be available to those projects where the number of anticipated employees can be reasonably estimated, and such exceptions shall apply only to the ratio between the number of parking spaces and the number of employees, and not to the ratio between the number of parking spaces and the gross leasable area. Supp. 41 Article 3, Page 34.2 Division 3.2, Site Planning and Design Standards Section 3.2.2(K) (a) Procedure. All requests for exceptions to the general office parking standard shall be submitted in accordance with the submittal requirements for plans as set forth in this subsection. Each such request shall clearly identify and discuss the proposed project and the ways in which the plan will accomplish the general purpose of this subsection. The request for an exception to the standard must be accompanied by an estimated number of employees. In addition, a traffic impact study containing a trip generation analysis or other relevant data describing the traffic and parking impacts of any proposed general office land use or activity shall be submitted. (b) Review Criteria. To approve an exception to the standard, the decision maker must first find that the proposed project accomplishes the general purpose of this Section. In reviewing the request for an exception to the standard parking ratio and in order to determine whether such request is consistent with the purposes of this subsection, as required above, the decision maker shall take into account the anticipated number of employees occupying the building, the number and frequency of expected customers or clients, the availability of nearby on -street parking (if any), the availability of shared parking with abutting, adjacent or surrounding land uses (if any), the provision of purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the city, travel demand management programs (if any), or any other factors that may be unique to the applicant's development request. The decision maker shall not approve an exception to the general office parking standard unless it: 1. does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity, 2. minimizes the visual and aesthetic impact along the public street of the proposed increased parking by placing parking lots to the rear or along the side of buildings, to the maximum extent feasible, 3. minimizes the visual and aesthetic impact of such additional parking on the surrounding neighborhood, Article 3, Page 35 Supp. 24 Division 3.2, Site Planning and Design Standards Section 3.2.2(K) 4. creates no physical impact on any facilities serving alternative modes of transportation, 5. creates no detrimental impact on natural areas or features, 6. maintains handicap parking ratios, 7. for projects located in D, L-M-N, M-M-N and C-C zone districts, conforms with the established street and alley block patterns, and places parking lots across the side or to the rear of buildings, 8. results in a ratio that does not exceed one -space -per -employee (1:1), and 9. is justified by a travel demand management program which has been submitted to and approved by the city. (5) Handicap Parking. (a) Handicapped spaces. Parking spaces for the physically handicapped shall have a stall width of thirteen (13) feet unless the space is parallel to a pedestrian walk. Other dimensions shall be the same as those for standard vehicles. Any such spaces shall be designated as being for the handicapped with a raised standard identification sign. (b) Location. Handicap parking spaces shall be located as close as possible to the nearest accessible building entrance, using the shortest possible accessible route of travel. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When crossing vehicle traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk. (c) Marking. Every handicap parking space shall be identified by a sign, centered between three (3) feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall include the international symbol of accessibility and state RESERVED, or equivalent language. Article 3, Page 36 Supp. 24 Division 3.2, Site Planning and Design Standards Section 3.2.2(K) d () Each parking lot shall contain at least the minimum specified num- ber of handicap spaces as provided in the table below. Regardless of the number of handicap spaces required, at least one (1) such space shall be designated as a van -accessible space, and must be a minimum of eight (8) feet wide and adjoin a minimum eight -foot - wide access aisle. NUMBER OF HANDICAP PARKING SPACES Total Parking Spaces in Lot Minimum Required Number of Accessible Spaces 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1,000 2% of total spaces Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 (6) Loading Zones. All development shall provide loading zones and service areas adequately sized to accommodate the types of vehicles that use them. Such loading zones and service areas shall be indicated on the development plan. (L) Parking Stall Dimensions. Off-street parking areas for automobiles shall meet the following minimum standards for long- and short-term parking of standard and compact vehicles: (1) Standard Spaces. Parking spaces for standard vehicles shall conform with the standard car dimensions shown on Table A. (2) Compact Vehicle Spaces in Long-term Parking Lots and Parking Struc- tures. Those areas of a parking lot or parking structure that are approved as long-term parking have the option to include compact parking stalls. Such approved long-term parking areas may have up to forty (40) percent compact car stalls using the compact vehicle dimensions set forth in Table B, except when no minimum parking is required for a use pursuant to subsection 3.2.2(K), in which event the number of compact car stalls allowed may be greater than forty (40) percent. No compact spaces shall Cbe designated as handicap parking spaces. Article 3, Page 37 Supp. 38 Division 3.2, Site Planning and Design Standards Table A Section 3.2.2(L) Standard Vehicle Dimensions in feet A B C D E F G 00 8 23 8 23 20 12 Yr 8.5 20 17.4 17 20 15 450 8.5 20 20.2 12 20 15 60° 9 19 21 10.4 24 20 900 9 19 19 9 24* 20** Table B Compact Vehicle Dimensions in feet A B C D E F G 00 7.5 19 7.5 19 20 12 30° 7.5 16.5 14.8 15 20 15 450 7.5 16.5 17 10.6 20 15 600 8 16 17.9 9.2 24 20 900 8 15 15 8 24* 20** A -Angle of Parking B-Stall Width * When garages are located along a driveway and are C-Stall Length opposite other garages or buildings, the driveway width D-Stall Depth must be increased to 28 feet. E-Curb Length F-Two-Way Drive Aisle Width ** When an overhang is allowed to reduce stall depth, G-One-Way Drive Aisle Width aisle width must be increased to 22 feet. (See Figure 4) Figure 4 Parking Stall Dimensions Article 3, Page 38 Supp. 38 Division 3.2, Site Planning and Design Standards Section 3.2.2(L) 3 () Long -Tenn Parking a king Stalls. As an option in long-term parking areas, all long-term parking stalls may be designated using the following stall dimensions: Parking Angle Stag Width SWU Length 0 8 21 30 8 19 45 8 19 60 8.5 18 90 8.5 18 (4) Vehicular Overhang. The stall dimensions indicated above may be modi- fied with respect to vehicular overhang as indicated in Figure 5, except that compact vehicle spaces may not be reduced in depth to a dimension that is less than the required depth indicated above. (M) Landscaping. The following minimum standards shall apply to all parking lot landscaping plans: (1) Landscaping Coverage. At least six (6) percent of the interior space of any parking lot containing at least one thousand eight hundred (1800) square feet and containing not less than six (6) or more than one hundred (100) spaces, and ten (10) percent of the interior space of any parking lot with more than one hundred (100) spaces, shall be devoted to landscaping meeting the standards set forth in this Division. See Figure 1 at Section 3.2.1(E). (2) Installation. Except as provided herein, no certificate of occupancy for property with an off-street parking area required to provide landscaping in conformance with these regulations shall be issued unless all land- scaping on the property has been installed in accordance with an approved landscape plan for such property. In the event that such land- scape installation has not been completed, an occupancy permit may be issued upon the receipt by the City of a cash deposit, bond, letter of credit or other satisfactory financial guarantee in the amount of one hundred twenty-five (125) percent of the estimated cost of the landscaping improvements determined by an executed contract to install such land- scaping or by adequate appraisals of such cost. Such bond, cash deposit or equivalent shall further guarantee the continued maintenance and replacement of the landscaping for a period of two (2) years after instal- lation, but the amount of the same shall be reduced after installation is completed to twenty-five (25) percent of the actual cost of such Article 3, Page 39 Supp. 38 Division 3.2, Site Planning and Design Standards A Mi Section 3.2.2(M) landscaping. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the Building Per- mits and Inspections Director that the required landscaping program has been completed and maintained in accordance with the requirements of the bond. Figure 5 Vehicular Overhang for Standard -Size Parking Stalls Parked vehicles may overhang a landscape area or walkway with a corresponding two -foot (2') reduction in paved stall length if a curb or wheel stop is provided. WM,ICWAY oR R.E&AMED iAr.-V I VE AREA Y�c CLfPR oaERHAN6 "'�R4 0� I i wwee� s�PS p' t9' ii 19' wrALL I4, [cowa D E NG 0 A-r D �A r --.0 Parked vehicles may overhang both sides of a landscape area at least 7 feet wide or a walkway at least 8 feet wide, as described above. HEAD -IN PARKING 7 9' n lk. ANGLED PARKING Article 3, Page 40 Supp. 38 Division 3.2, Site Planning and Design Standards Section 3.2.2(M) (3) Landscape Irrigation. Except as provided herein, no certificate of occu- pancy shall be issued for any building on any portion of a property required by this Article to have an irrigation system, unless the entire irrigation system has been installed in accordance with an approved irrigation plan for such property. In the event that such irrigation system installation has not been completed, a certificate of occupancy may be issued upon the receipt by the City of a bond, cash deposit or equivalent conditioned on and guaranteeing the installation of the entire irrigation system shown on the approved irrigation plan. Such bond, cash deposit or equivalent shall be in the amount of one hundred twenty-five (125) percent of the estimated cost of the irrigation system determined by an executed contract to install such irrigation system or by adequate appraisals of such cost. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the Building Permits and Inspections Direc- tor that the required irrigation system has been completed in accordance with the requirements of the bond. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§13 15, 12/15/98; Ord. No. 99, 1999 §6, 6/15/99; Ord. No. 165, 1999 §15, 11/16/99; Ord. No. 59, 2000 §§14, 15, 6/6/00; Ord. No. 183, 2000 §§9, 10, 12/19/00; Ord. No. 107, 2001 §19, 6/19/01; Ord. No. 087, 2002 §§3, 4, 6/4/02; Ord. No. 140, 2002 §2, 10/1/02; Ord. No. 177, 2002 §8, 12/17/02; Ord. No. 090, 2003 §§1, 2, 6/17/03; Ord. No. 056, 2004 §1, 4/20/04; Ord. No. 091, 2004 §9, 6/15/04; Ord. No. 198, 2004 §4, 12/21/04; Ord. No. 070, 2005 §5, 7/5/05; Ord. No. 123, 2005 §4, 11115105; Ord. No. 161, 2005 §5, 12/20/05; Ord. No. 104, 2006 §12, 7/18/06; Ord. No. 192, 2006 §§2-4, 12/19/06; Ord. No. 081, 2007 §5, 7/17/07; Ord. No. 049, 2008 §2, 5/20/08; Ord. No. 066, 2009 §10, 7/7/09; Ord. No. 120, 2011 §9, 9/20/2011; Ord. No. 051, 2012 §9, 7/17/12; Ord. No. 041, 2013 §§2, 3, 3/19/13; Ord. No. 092, 2013 §§7,8, 7/16/13; Ord. No. 121, 2013 §1, 9/3/13; Ord. No. 107, 2014, 9/2/14; Ord. No. 163. 2014 §1, 11/18/14; Ord. No. 065, 2015 §2, 7/7/15; Ord. No. 044, 2017, §4, 3/21/17; Ord. No. 059. 2017, §§ 6, 7, 5/2/17; Ord. No. 128, 2017, § 3, 9/19/17) 3.2.3 Solar Access, Orientation, Shading (A) Purpose. It is the City's intent to encourage the use of both active and passive solar energy systems for heating air and water in homes and businesses, as long as natural topography, soil or other subsurface conditions or other natural condi- tions peculiar to the site are preserved. While the use of solar energy systems is optional, the right to solar access is protected. Solar collectors require access to available sunshine during the entire year, including between the hours of 9:00 am and 3:00 pm, MST, on December 21, when the longest shadows occur. Addition- ally, a goal of this Section is to ensure that site plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property owners. Thus, standards are set forth to evaluate the potential impact of shade caused by buildings, structures and trees. C (B) General Standard. All development shall be designed throughout to accommo- date active and/or passive solar installations to the extent reasonably feasible. Supp. 49 article 31 Page 41 Division 3.2, Site Planning and Design Standards Section 3.2.3(C) i. (C) Solar -Oriented Residential Lots. At least sixty-five (65) percent of the lots less than fifteen thousand (15,000) square feet in area in single- and two-family residential developments must conform to the definition of a "solar -oriented lot" in order to preserve the potential for solar energy usage. (D) Access to Sunshine. The elements of the development plan (e.g., buildings, circu- lation, open space and landscaping) shall be located and designed, to the maxi- mum extent feasible, to protect access to sunshine for planned solar energy systems or for solar -oriented rooftop surfaces that can support a solar collector or collectors capable of providing for the anticipated hot water needs of the build- ings in the project between the hours of 9:00 a.m. and 3:00 p.m. MST, on December 21. (E) Shading. (1) The physical elements of the development plan shall be, to the maximum extent feasible, located and designed so as not to cast a shadow onto structures on adjacent property greater than the shadow which would be cast by a twenty -five-foot hypothetical wall located along the property lines of the project between the hours of 9:00 am and 3:00 pm, MST, on December 21. This provision shall not apply to structures within the follow- ing high -density zone districts: Downtown, Community Commercial, and Transit -Oriented Overlay District. (2) The impact of trees shall be evaluated on an individual basis considering the potential impacts of the shading and the potential adverse impacts that the shading could create for the adjacent properties in terms of blocking sunlight in indoor living areas, outdoor activity areas, gardens and similar spaces benefiting from access to sunlight. Shading caused by deciduous trees can be beneficial and is not prohibited. (F) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards of this Section. (1) Procedure. Alternative compliance plans shall be prepared and submitted in accordance with submittal requirements for plans as set forth in this Sec- tion. The plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than a plan which complies with the standards of this Section. Supp. 49 Article 3, Page 42