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HomeMy WebLinkAbout003 - 01/19/1988 - AMENDING CITY CODE RELATING TO ZONING REGULATIONS ORDINANCE NO. 3, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ZONING REGULATIONS WHEREAS, the Office of Development Services is involved in an ongoing effort to review the current development regulations and procedures to make development review a more efficient and easily understood process; and WHEREAS, as one result of said review, certain changes to the Code are necessary to implement existing interpretations and/or correct known problem areas in the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 29-1 of the Code of the City of Fort Collins is hereby amended by adding thereto the following definition: Home occupation shall mean an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit. Section 2. That the definition of "shopping center" , as set forth in Section 29-1 of the Code of the City of Fort Collins, is hereby amended to read as follows: Shopping center shall mean a group of more than four (4) retail and service establishments located in a complex which is planned, developed, owned or managed as a unit, with off-street parking provided on the property. Section 3. That Section 29-92(8) of the Code of the City of Fort Collins is hereby repealed in its entirety. Section 4. That Section 29-178(1) of the Code of the City of Fort Collins is hereby amended to read as follows: (1) Minimum lot area shall be the equivalent of two (2) times the total floor area of the building, but not less than the following : six thousand (6 , 000 ) square feet for a single-family dwelling, two-family dwelling or group home, and nine thousand (9,000) square feet for all other principal uses. Section 5. That Section 29-202(13) of the Code of the City of Fort Collins is hereby amended to read as follows: (13) Long term care facilities. Section 6. That Section 29-203(1) of the Code of the City of Fort Collins is hereby amended to read as follows: (1) Minimum lot area shall be the equivalent of one-half (1/2) the total floor area of the building, but not less than six thousand (6,000) square feet for a single-family dwelling, two-family dwelling or group home, nine thousand (9,000) square feet for a multifamily dwelling, church or child-care center and twelve thousand (12,000) square feet for all other principal uses. Section 7. That Section 29-303 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 29-303. Bulk and area requirements. The minimum lot area in the B-L District shall be two (2) times the total floor area of the building. Minimum lot width shall be seventy-five (75) feet. Minimum yard depth shall be twenty (20) feet from an alley or zoning district line. Section 8. That the Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 29-372, which section reads as follows: Sec. 29-372. Site plan requirements. Permitted uses listed in §29-367 shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with §29-526 be submitted to and approved by the Director of Planning. Upon receipt of a complete application, the Director of Planning shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m. , for the purpose of approving, disapproving or approving with conditions the proposed development. The Director of Planning may request a recommendation from the Planning and Zoning Board. Section 9. That Section 29-386(1) of the Code of the City of Fort Collins is hereby amended to read as follows: (1) Any use other than one-family, two-family or multifamily dwellings. -2- Section 10. That the Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 29-419, which section reads as follows: Sec. 29-419. Site plan requirements. Permitted uses listed in §29-414(3) through (30) , inclusive, shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with §29-526 be submitted to and approved by the Director of Planning. Upon receipt of a complete application, the Director of Planning shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m. , for the purpose of approving, disapproving or approving with conditions the proposed development . The Director of Planning may request a recommendation from the Planning and Zoning Board. Section 11 . That Section 29-471 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 29-471. Lot area and width. No part of an area or width required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width required for another lot. Where a minimum lot area square footage is otherwise required by this Chapter, said minimum lot area shall be required for each principal building located on any one (1) lot. Section 12. That Section 29-493(1) of the Code of the City of Fort Collins is hereby amended to read as follows: (1) Setbacks. Any such vehicular use area shall be set back from the back of any curb or sidewalk improvement and side and rear yard lot lines, except a lot line between buildings or uses with collective parking consistent with the provisions of this Subdivision, according to the following table: Minimum average Minimum width width of entire of landscaped landscaped setback at setback area any point (feet) (feet) Along an arterial street 15 5 Along a nonarterial street 10 5 Along a lot line 5 5 -3- Section 13. That Section 29-494(5) of the Code of the City of Fort Collins is hereby amended to read as follows: (5) For each boarding and rooming house or fraternity or sorority house, there shall be one (1) parking space per two (2) beds, plus one (1) parking space per two (2) employees. Section 14. That Section 29-526 of the Code of the City of Fort Collins, incorporating the Land Development Guidance System for Planned Unit Developments (the "LDGS") , is hereby amended to read as follows: A. Section 118-83 F of the LDGS is hereby amended to read as follows: F. Procedures A planned unit development shall be processed in three stages: conceptual review, preliminary plan and final plan. If the applicant desires to phase the preliminary plan, a master plan will be required. The concept plan is the applicant's impression of the anticipated pattern of development for a particular parcel of land that is expressed graphically and from which a preliminary or master plan is developed. The purpose of the master plan is to establish general planning and development control parameters while allowing sufficient flexibility to permit detailed planning at the time of development. The preliminary plan shall generally specify the uses of land and layout of landscaping, circulation and buildings. The final plan is the site specific development plan which describes with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, upon which building permits and other City approvals are issued and shall require detailed engineering and design review and approval . Each stage shall be processed in the order indicated in the following diagram entitled "Review Process. " B. Section 118-83 F (2) (a) of the LDGS is amended to read as follows: (a) A master plan shall be required for any property which is intended to be developed over time in two (2) or more separate preliminary plan submittals. The proposed master plan, together with the proposed preliminary plans for the first phase of development, shall be submitted to the Department of Planning and processed as preliminary plans , except , however, for good cause shown, the Director of Planning may determine if application for a master plan may be made without submittal of a first phase preliminary plan. The master plan -4- and/or preliminary plan for the first phase of development shall then be considered by the Planning and Zoning Board. Once approved, the decision of the Planning and Zoning Board shall be recorded in the office of the county clerk and the master plan shall be filed with the City Clerk. C. Section 118-83 G (3) (d) of the LOGS is amended to read as follows: (d) A general landscaping plan indicating the treatment of materials used for private and common open spaces, including all existing vegetation with identification of trees by sizes of species, and specific proposals to protect and preserve existing trees during and after construction. The scale shown on plant materials shall reflect the size, upon ten (10) years maturity, of such materials. The details of size and species for intended plantings of vegetation will be required at the time of final plan phase. D. Section 118-83 G (4) (c) (11 [c] of the LDGS is amended to read as follows: [c] Proposed plant materials should be indicated at ten (10) years maturity and in appropriate relation to scale. E. Section 118-83 G (4) (c) [11 [g] of the LDGS is amended to read as follows: [g] Plant material schedule with common and botanical names , sizes , quantities and method of transplant. Unless otherwise required by the Director of Planning, plants must be sized according to the following table. Type Size Standard deciduous 2" caliper, measured trees 1 foot above the ground Small ornamental & 1 1/2" to 1 3/4" flowering trees caliper, measured 1 foot above the ground Evergreen trees 6' in height Shrubs and hedges five gallon or adequate size consistent with design intent -5- F. Section 118-83 H (2) of the LDGS is hereby amended to read as follows: (2) Time limit for action upon a preliminary plan. Within a maximum of three (3) years following the approval of a preliminary plan, the applicant shall proceed by filing with the Department of Planning a final plan(s) in detailed form covering all or part of the development. Upon application and for good cause, the Director of Planning may administratively extend the period for filing a final plan for two successive six (6) month periods. Any additional six (6) month extensions to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board. A request for extension of preliminary approval under this section must be submitted to the Director of Planning in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval . If no final plan(s) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. The granting of administrative extensions under this section may, at the discretion of the Director of Planning, be referred to the Planning and Zoning Board. G. Section 118-83 H (3) of the LDGS is hereby amended to read as follows: (3) Time limit for validity of the final plan. The applicant must undertake and complete the development of an approved final plan within three (3) years from the time of final approval . For the purposes of this Section , a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for two (2) successive periods of six ( 6) months may be administratively granted by the Director of Planning. Any additional six (6) month extensions to the planned unit development shall be approved, if at -6- all , only by the Planning and Zoning Board. A request for extension of final approval under this Section must be submitted to the Director of Planning in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval . Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same. The granting of administrative extensions under this section may, at the discretion of the Director of Planning, be referred to the Planning and Zoning Board. H. Section 118-83 I (1) of the LDGS is hereby amended to read as follows: (1) Master Plans. If a property is intended to be developed over time in two (2) or more separate preliminary plan submittals, a master plan for the entire development site must be approved and A preliminary plan must be concurrently submitted for Phase I, except, however, for good cause shown, the Director of Planning may determine if application for a master plan may be made without submittal of a preliminary plan for Phase I . Subsequent applications for preliminary plan approval may be made for each phase of the approved master plan, provided that such phase is consistent with the approved master plan and the provisions of this section. Section 15. That Section 29-626 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 29-626. Time limit for validity of the final plan. The applicant must undertake and complete work within the public right-of-way of an approved final plan within three (3) years from the time of final approval . For the purposes of this section , a final plan is complete once all engineering improvements (water, sewer, streets, curbs, gutters, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for successive periods of six (6) months may be granted by the Director of Planning on the same basis as for nonphased developments. A request for extension of final approval under this section must be submitted to the Director of Planning in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written -7- request within the specified time period shall cause forfeiture of the right to extension of final approval . Failure to develop within the specified time limit shall cause forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same. All dedications as contained on the final plan shall remain valid unless vacated in accordance with law. The Director of Engineering reserves the right to require changes to the approved final plan as a condition to the granting of the extension. Section 16. That Section 29-642 (b) (5) of the Code of the City of Fort Collins is hereby amended to read as follows: (5) Approval of a preliminary plat shall be valid for a period of three (3) years. Within this three (3) year period, the applicant shall proceed by filing of a final plat with the Department of Planning. Upon written application, and for good cause, the Director of Planning may extend the preliminary approval period for two (2) successive six-month periods. Any additional six-month extensions shall be approved, if at all , only by the Planning and Zoning Board. A request for extension of preliminary approval must be submitted by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval . If no final plat is filed with the department within such time, the right to submit the final plat shall be forfeited. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 1988, and b esented for final passage on the 19th day of January, A.D. 1988. 0 ATTEST: CityUlty Clerk 1988.Passed and adopted on final reading this 19th day of January, A.D. ATTEST: City Clerk -8-