HomeMy WebLinkAbout087 - 06/04/2002 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 087, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted 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 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 fox 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, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
Land Use Code and have made recommendations to the Council regarding such issues;
and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows:
Section 1. That Section 2.10.2(H)(1) of the Land Use Code is hereby
amended to read as follows:
(1) by reason of exceptional physical conditions or other extraordinary
and exceptional situations unique to such property, including, but
not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder
the owner's ability to install a solar energy system, the strict
application of the standard sought to be varied would result in
unusual and exceptional practical difficulties, or exceptional or
undue hardship upon the occupant of such property, or upon the
applicant, provided that such difficulties or hardship are not caused
by the act or omission of the occupant or applicant; or
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Section 2. That Section 2.12.2 of the Land Use Code is hereby amended to
read as follows:
2.12.2 Petitions for Annexation and Annexation Plats
In addition to all state statutory filing and procedural requirements, all petitions for
annexation and annexation plats shall be submitted to the City Clerk, with a copy, and
application fee, to the Director. The City Clerk shall schedule the petitions for a meeting
of the City Council held at least fifteen (15) days after the date the City Clerk receives the
petition and plat.
Section 3. That the title of Section 3.2.2(K) of the Land Use Code is hereby
amended t9 rpad as follows:
(K) Parking Lots—Required Number of Off-Street Spaces for Type of Use.
Section 4. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(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 Parldng Spaces Per Dwelling Unit*
One or less 1.5
Two 1.75
Three 2.0
Four and above 2.5
* Spaces that are located in detached residential garages (but not including
parking structures) 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 price4.
Section 5. That Section 3.2.3(D)(1) of the Land Use Code is hereby amended
to read as follows:
(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,
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MST, on December 21. This provision shall not apply to
structures within the following high-density zone districts:
Downtown, Community Commercial.
Section 6. That Section 3.3.2(C) of the Land Use Code is hereby amended to
read as follows:
(C) Development Guarantee and Maintenance and Repair
Guarantees.
(1) Construction Security. Prior to the issuance of a
Development Construction Permit for a new development,
the developer must provide to the city a guarantee in the
form of a development bond, performance bond, letter of
credit, cash, certificate of deposit or other city-approved
means to guarantee the completion of all public
improvements to be constructed as shown on the approved
plans for the development (hereafter referred to as the
"construction security").
The amount of the construction security shall be equal to
the total cost of the developer's portion of the public
improvements, as estimated by the developer and approved
by the City Engineer. As progress is made on the
construction of the new public infrastructure, the developer
may request a reduction in the amount of construction
security in proportion to the actual completion percentage
of the installed infrastructure. However, draws upon such
construction security shall not exceed -the actual cost of
completing a deficient development project or making any
necessary repairs. Upon receipt of such a request, the city
shall verify the completion percentage and permit the
substitution of an approved construction security
instrument in an amount equal to the cost of the developer's
portion of the remaining public improvements.
(2) Maintenance/Repair Security. The plat shall contain a two-
year maintenance guarantee and a five-year repair
guarantee covering all errors or omissions in the design
and/or construction. Said guarantees shall run concurrently
and shall commence upon the date of completion of the
public improvements and acceptance by the city, as
described in Section 2.2.3(C)(3) (Execution of Plats/Deeds;
Signature Requirements). If a plat is not required or if the
plat does not include the entire area being developed, then
said maintenance and repair guarantees shall be established
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in a development agreement. Security for the maintenance
guarantee and the repair guarantee (hereinafter referred to
as the "maintenance/repair security") shall be in the form of
a bond, letter of credit, cash, certificate of deposit, an
extension of the security as provided in subsection (1)
above or other city-approved means to secure said
maintenance and repair. The amount of the
maintenance/repair security during the maintenance
guarantee period shall be based on a percentage of the cost
of the public improvements. Said percentage shall be
determined by the City Engineer based on the potential
costs of repairs within the development and shall not
exceed twenty-five (25) percent. At the conclusion of the
two-year maintenance/repair period, representatives of the
city and the developer shall jointly conduct an inspection of
the development for the purpose of identifying any repairs
or maintenance actions necessary before transfer of the
maintenance responsibility from the developer to the city.
Upon satisfactory completion of said repairs or
maintenance actions, the city will assume the responsibility
for maintaining the streets and other improvements which
have been dedicated to the city.
(3) Maintenance/Repair Security Extension. Whether
maintenance/repair security must be provided by the
developer for the remaining three (3) years of the repair
guarantee period shall depend upon the condition of the
streets and other public infrastructure within the
development. The developer shall not be required to
provide such additional maintenance/repair security for
streets or infrastructure that, upon inspection by the City
Engineer, are found not to exhibit any evidence of
deterioration or defect (including, without limitation,
excessive cracking, settlements,, deflections, rutting,
potholes or other similar defects), other than normal wear
and tear. However, if evidence of such deterioration or
defect is exhibited, then the existing maintenance/repair
security shall be required to be renewed, or a new security
shall be required for the final three (3) years of the repair
guarantee period. The amount of the maintenance/repair
security during the repair guarantee period shall be based
on a percentage of the cost of the public improvements.
Said percentage shall be determined by the City Engineer
based on the potential costs of repairs within the
development, shall not exceed twenty-five (25) percent,
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and may be adjusted if appropriate during the guarantee
period.
(4) Affordable Housing Security Exemption. Notwithstanding
the security requirements contained in subparagraphs (1),
(2) and (3) above, applications for the construction of
affordable housing projects shall be totally or partially
exempt from such security requirements according to the
following criteria:
(a) The security authorized under this subsection (C)
shall be entirely waived for development projects in
which one hundred (100) percent of the dwelling
units qualify as affordable housing units for sale or
for rent.
(b) The security authorized under this subsection (C)
shall be reduced in direct proportion to the
percentage of affordable housing units for sale or
v for rent that are provided in the development project
(within the authorized waiver range of ten [10]
percent to one hundred [100] percent), in
accordance with the following formula:
number of affordable housing units - total number
of housing units x total security required = amount
of security waived
(c) The security authorized under this subsection (C)
shall not be reduced if less than ten (10) percent of
the dwelling units within the project qualify as
affordable housing units for sale or for rent.
(d) In order to determine whether a development
project is eligible for a waiver or reduction of fees
under this subparagraph (4), any applicant seeking
such waiver or reduction must submit
documentation evidencing the eligibility of the
development project to the City Engineer, who may,
upon review of such documentation, reduce the
amount of said security in accordance with this
subparagraph(4). Prior to the issuance of any
certificate of occupancy for the development
project, a final determination shall be made by the
City Engineer as to whether the development
project qualifies for a waiver or reduction of the
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security. In the event that the City Engineer
determines that the development project does not so
qualify, security shall be increased to the level
required in the applicable subparagraph (1), (2) or
(3) above, and the security shall be deposited with
the city prior to the issuance of the first certificate
of occupancy.
Section 7. That Section 3.3.2(F)(1) of the Land Use Code is hereby amended
to read as follows:
(F) Off-Site Public Access Improvements.
(1) Path Improvements. All developments must have adequate
access to the city's Improved Arterial Street Network, as
described below, or to a street that connects to the
Improved Arterial Street Network. Exceptions to the
foregoing requirements may be granted for streets which
have adequate funds appropriated by the city for
improvement to current standards. The developer of any
property which does not have such adequate access to an
Improved Arterial Street or which does not have such
adequate access to streets which connect to the Improved
Arterial Street Network, along the primary access routes for
the development, shall be required to improve the impacted
intervening streets as follows:
(a) For arterial and collector streets, such
improvements shall consist, at a minimum, of
constructing a thirty-six-foot-wide paved street
cross section on a base that is adequate to
accommodate the ultimate design of the street either
(1) as designated on the Master Street Plan, or (2) in
accordance with the city design criteria for streets,
whichever is applicable.
(b) For all other street classifications, the off-site
improvements shall be designed and constructed to
city standards including, without limitation, curb,
gutter, sidewalk and pavement.
(c) All streets that connect to the Improved Arterial
Street Network shall include the width and
improvements necessary to maintain a level of
service as defined by Part II of the City of Fort
Collins Multi-modal Transportation Level of
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Service Manual for the length required to connect to
the Improved Arterial Street Network.
Off-site public access improvements shall be required for
all primary access routes that will, in the judgment of the
City Traffic Engineer, carry the most trips (per travel
mode) generated by the development as defined by the
Transportation Impact Study required by Section 3.6.4. To
identify the improvements to be made as a condition of
approval of the development, the City Engineer shall utilize
• a map entitled the "Improved Arterial Street Network"
depicting, as nearly as practicable, (1) all existing arterial
and collector streets in the city; and (2) the current
structural condition of the same. A waiver to these
requirements may be granted by the City Engineer for
primary access routes which, in the judgment of the City
Engineer, are in substantial compliance with the city
standards applicable for such routes and are designed and
constructed to adequately accommodate the traffic impacts
of the development.
Section 8. That Section 3.5.1(I)(4) of the Land Use Code is hereby amended
as follows:
(4) Outside areas, used on a long-term or regular basis for
inventory storage or sale, over-stock, seasonal goods, bulk
items and the like shall be located within an area that is
permanently screened with walls or fences. Materials,
colors and design of screening walls or fences shall
conform to those used as predominant materials and colors
on the building. If such areas are to be covered, then the
covering shall conform to those used as predominant
materials and colors on the building.
Section 9. That Section 3.5.1(I) of the Land Use Code is hereby amended by
the addition of a new subparagraph (5) which reads as follows and all subsequent
subparagraphs renumbered accordingly:
(5) Outside areas that are used on a temporary basis for the sale
of seasonal inventory only shall be defined by non-
permanent walls or fences. Such an enclosure shall not
inhibit fire access to the building or pedestrian and bicycle
access to the building entrance. If chain link fencing is
used, it must be vinyl-clad or covered with a mesh material.
Any such enclosure shall be removed upon the conclusion
of the seasonal sale period.
Subsections (4) and (5) shall not apply to temporary
vendors who have been issued outdoor vendor licenses as
required by Section 15-382 of the City Code, provided that
such temporary vendors are not permitted to operate for
more than sixty (60) days in any calendar year.
Section 10. That Section 3.5.3(B)(2)(c) of the Land Use Code is hereby
amended to read as follows:
(c) Buildings shall be located at least ten (10) and no
more than twenty-five (25) feet behind the street
right-of-way of an adjoining street that is larger than
a two (2) lane arterial that does not have on-street
parking.
Section 11. That Section 3.5.3(B)(2)(d)2. of the Land Use Code is hereby
amended to read as follows:
2. if the building is adjacent to a four (4) lane
or six (6) lane arterial street, and the
Director has determined that an alternative
to the street sidewalk better serves the
purpose of connecting commercial
destinations due to one (1) or more of the
following constraints:
a. high volume and/or speed of traffic
on the adjacent street(s),
b. landform,
C. an established pattern of existing
buildings that makes a pedestrian-
oriented streetfront infeasible.
Such an alternative to the street sidewalk
must include a connecting walkway(s) and
may include internal walkways or other
directly connecting outdoor spaces such as
plazas, courtyards, squares or gardens.
Section 12. That Section 3.5.3(D) of the Land Use Code is hereby amended by
the addition of a new subparagraphs (8) and (9) which read as follows:
(8) Drive-through lane with limitation. No drive-through
facility associated with a retail establishment or large retail
establishment shall exceed ten (10) feet in width.
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(9) Illumination prohibition. Exterior-mounted exposed
neon/fiber optic/rope L.E.D. lighting, illuminated
translucent materials (except signs), illuminated striping or
banding, and illuminated product displays on appurtenant
structures (e.g. fuel dispensers) shall be prohibited.
Section 13. That Section 3.5.4(C)(3)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Entrances. All sides of a large retail establishment
that directly face an abutting public street shall
feature at least one (1) customer entrance. All
entrances shall be architecturally prominent and
clearly visible from the abutting public street.
Where a large retail establishment directly faces
more than two (2) abutting public streets, this
requirement shall apply only to two (2) sides of the
building, including the side of the building facing
the primary street, and another side of the building
facing a second street. (See Figure 14.) Movie
theaters are exempt from this requirement.
Section 14. That Section 3.5.4(C)(3)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Parking lot location. No more than fifty (50)
percent of the off-street parking area for the lot,
tract or area of land devoted to the large retail
establishment shall be located between the front
facade of the large retail establishment and the
abutting streets (the "Front Parking Area"). The
Front Parking Area shall be determined by drawing
a line from the front corners of the building to the
nearest property corners. If any such line, when
connected to the plane of the front facade of the
building, creates an angle that is greater than one
hundred eighty (180) degrees, then the line shall be
adjusted to create an angle of one hundred eighty
(180) degrees when connected to the plane of the
front facade of the building. If any such line, when
connected to the plane of the front facade of the
building, creates an angle that is less than ninety
(90) degrees, then the line shall be adjusted to create
an angle of ninety (90) degrees when connected to
the plane of the front facade of the building.
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Parking spaces in the Front Parking Area shall be
counted to include all parking spaces within the
boundaries of the Front Parking Area, including (i)
all partial parking spaces if the part inside the Front
Parking Area boundary lines constitutes more than
one-half (1/2) of said parking space, and (ii) all
parking spaces associated with any pad sites located
within the Front Parking Area boundaries.
Supermarkets are exempt from this requirement.
Section 15. That Section 3.5.5(D)(3)(a)l. of the Land Use Code is hereby
amended to read as follows:
1. twenty-five (25) feet from any arterial right-of-way,
and
Section 16. That Section 3.6.1 of the Land Use Code is hereby amended by the
addition of a new subparagraph (C) which reads in its entirety as follows:
(C) Compliance with Access Control Plans. The State Highway Access
Control Code and/or any specific access control plan adopted according to
that code shall determine the location of all intersections (whether of
public streets or private drives or other access ways) with state highways.
All development plans that are adjacent to a state or federal highway shall
provide the access design facilities, including supporting circulation
facilities, identified within any applicable adopted access control plans,
when such facilities are needed because of the development plan. In
addition, all development plans that are adjacent to any street for which an
access control plan has been adopted by the city shall provide the access
design facilities, including supporting circulation facilities, identified
within such access control plan, when such facilities are needed because of
the development plan.
Section 17. That Section 3.6.2(L)(2)(a) of the Land Use Code is hereby
amended to read as follows:
(a) If any-property served by the private drive cannot
receive fire emergency service from a public street,
then all emergency access design requirements shall
apply to the private drive in accordance with
Section 3.6.6. An "emergency access easement"
must be dedicated to the city for private drives that
provide emergency access and such private drives
shall not exceed six hundred sixty (660) feet in
length.
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Section 18. That Section 3.6.3(C) of the Land Use Code is hereby amended to
read as follows:
(C) Spacing of Full Movement Collector and Local Street
Intersections With Arterial Streets. Potentially signalized, full-
movement intersections of collector or local streets with arterial
streets shall be provided at least every one thousand three hundred
twenty (1320) feet or one-quarter (1/a) mile along arterial streets,
unless rendered infeasible due to unusual topographic features,
existing development or a natural area or feature.
Section 19. That Section 3.6.6(C) of the Land Use Code is hereby amended to
read as follows:
(C) Building Placement. All portions of the exterior wall of the first story of
any structure must be located within one hundred fifty (150) feet of a
public street (except arterial streets) or an approved fire access road in
which fire apparatus can be maneuvered.
Section 20. That Section 3.8.2(B) of the Land Use Code is hereby amended to
read as follows:
(B) Day-Care Homes. Day-care homes shall be permitted as an
accessory use as defined in Article 5, provided that such homes are
licensed by the State of Colorado and that the maximum number of
children and the age limitation of children to whom care is
provided complies with the State of Colorado regulations for a
family child care home, an infant/toddler home, or an experienced
family child care provider home.
Section 21. That Section 3.8.11(C) of the Land Use Code is hereby amended
by the addition of new subparagraphs (5) and (6) which shall read in their entirety as
follows:
(5) no closer than two (2) feet to a public sidewalk;
(6) no closer than three (3) feet to a lot line along an alley where an
alley-accessed garage door is set back at least twenty (2) feet from
the lot line, and no closer than eight (8) feet to a lot line along an
alley where an alley-accessed garage door is set back less than
twenty (20) feet from the lot line, except that alley fences on lots in
the RL, NCL, NCM and NCB districts may be located closer to the
lot line along an alley when the City Engineer approves such a
location.
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Section 22. That Section 3.8.12 of the Land Use Code is hereby amended by
the addition of a new subparagraph (E) which reads in its entirety as follows:
(E) No adult bookstore, adult novelty store, or adult retail store that, as of June
14, 2002, had adult material in excess of twenty (20) percent of its stock-
in-trade, or derived in excess of twenty (20) percent of its revenues from
such material, or devoted in excess of twenty (20) percent of its interior
business or interior advertising to such material, or maintained in excess of
twenty (20) percent of its gross floor area or display space for the sale or
rental of such material, shall be allowed to increase its adult material
business beyond the percentages that existed on June 14, 2002.
Section 23. That Section 4.1(E)(2)(c) of the Land Use Code is hereby amended
to read as follows:
(c) Minimum lot sizes may be waived by the Planning and Zoning
Board, provided that the overall average density of the proposed
development does not exceed two (2) dwelling units per gross acre
and the density of the cluster development does not exceed five (5)
dwelling units per net acre.
Section 24. That Section 4.4(B)(2)(b) 2. of the Land Use Code is hereby
amended to read as follows:
2. Public and private schools for college, university,
vocational and technical education, provided they are
located within five hundred (500) feet of East Vine Drive
or railroad property adjacent and parallel to East Vine
Drive.
Section 25. That Section 4.4(B)(3)(c) 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 least three-quarters (3/4)
mile from any other such use and from any gasoline station;
provided that such use or uses are combined with at least
one (1) other use listed in Section 4.4(B)(2)(c)3 above.
2. Enclosed mini-storage facilities, provided they are located
on property adjoining the railroad property adjacent and
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parallel to East Vine Drive, and are located within five
hundred (500) feet of such railroad property.
3. Limited indoor recreation establishments, provided they are
located within five hundred (500) feet of East Vine Drive
or of the railroad property adjacent and parallel to East
Vine Drive.
4. Offices, financial services and clinics which are not part of
a neighborhood center.
Section 26. That Section 4.4(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; offices, financial services
and clinics; personal or business service shops;
standard or fast food restaurants (without drive-in or
drive-through facilities); small animal veterinary
clinics; and artisan or photography, studios or
galleries. No drive-in facilities shall be permitted.
A neighborhood center shall be a maximum of five
(5) acres in size, excluding such portion of the
neighborhood center which is composed of a
school, park, place of worship and assembly and/or
outdoor space as defined in subparagraph (e) of this
Section.
Section 27. That Section 4.4(D)(5) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) Any enclosed mini-storage facility shall include a
caretaker's dwelling facing a local or collector
street, and any storage unit building frontage along
the street shall consist only of rear walls of storage
unit buildings and landscaping. Fencing along
streets shall be wrought iron, or its visual
equivalent, and any fencing along streets that
exceeds four (4) feet in height shall be placed in
segments between buildings, and not as a
continuous perimeter fence.
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Section 28. That Section 4.9(B)(2) of the Land Use Code is hereby amended to
read as follows:
(2) The owner of any property in the T District may at any time
petition the city to remove the property from this zone district and
place it in another zone district. Unless the following time
limitations are waived by the petitioner, any such petition shall be
referred to the Planning and Zoning Board to be considered at the
next regular meeting of such board which is scheduled at least
thirty (30) days from the date the petition is filed with the City
Clerk. Within sixty (60) days from the date the matter is
considered by the board, the City Council shall change the zoning
for the property in question to another zone district authorized
under this Article.
Section 29. That the land use "Places of worship or assembly" contained in
Section B. of the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby
amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
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eKe k
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< }€...
�� �� �:. µ —a'M'�,-`.•.'w +iZ � "><» �'�:�.� � � - � .39�7 � ""�aYur� x� s#' �es< ;ij�'
n •� � � ,y3��aE�. �..: ;" ,�,,;,�y'?.�, �.e,,�.��' :�,�s:sa�,�,:'�Sst�`�r a'`�m "rT��}a."3•,, r�R e
x€ ..`E°u•�,,: a �ns, �,. �a § a"�',x E- � �"� 'r s� ,s= ;n e° �a��+�'.� ����,,,�` r�: z�. t�
:,t,w .. ... .._" ...••.�,, Y ,�..VF£ � �.k��"`3S� h a� r'�3 xi<au,.,e -� M-x �, �M.
Places of worship or Type 1 Type 1 Type 2
assembly
Section 30. That the land uses "Grocery stores" and "Fast food restaurants"
contained in Section C. of the chart contained in Section 4.12(B)(2) of the Land Use
Code are hereby amended to read as follows:
Land Use Old City Center Canyon Avenue
3' Civic Center
a o`' 's,"it• r r ss f `s �.k"' e'eri �, ; ex�.: a{ ac t i s
k � C�
�,.'� `' �i*�,E• r� a�a b z�r :7 v 5q �'� ,�,is@�, 3}c i y' .F �''?' a i
ry R"S>45;
s t �„�+,<a h :�iv r .�t s teary�^� � •��• � .� aka � z , ,i, �, a,:.� ��-�t'`� � -.d v + �; ° T `�- ti;• '
..,.✓.,..,:- n,_°'� f ��'�. ti E �.s. i, � d t$.- ,� w � 1"�3:s � � D`x'` z a"� v.� u.
a�
Grocery stores(occupying Not Permitted Type 1 Type 1
between five thousand
[5,0001 and twenty-five
thousand [25,000] square
feet)
Fast food restaurants BP Type 1 Type 1
(without drive-in or drive-
through facilities)
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Section 31. That Section 4.13(B)(2)(c)l. of the Land Use Code is hereby
amended to read as follows:
1. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 32. That Section 4.13(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Grocery stores (occupying between five
thousand [5,0001 and twenty-five thousand
[25,000] square feet).
Section 33. That Section 4.14(B)(2)(c)3. of the Land Use Code is hereby
amended to read as follows:
3. Fast food restaurants (without drive-in or
drive-through facilities).
Section 34. That Section 4.14(B)(2)(c)7. of the Land Use Code is hereby
amended to read as follows:
7. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 35. That Section 4.14(B)(3)(c)8. of the Land Use Code is hereby
amended to read as follows:
8. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from any other such use and from any
fueling station.
Section 36. That Section 4.15(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
15
Section 37. That Section 4.15(B)(2)(c)3. of the Land Use Code is hereby
amended to read as follows:
3. Grocery stores (occupying between five
thousand [5,0001 and twenty-five thousand
[25,000] square feet).
Section 38. That Section 4.15(B)(3)(c)l. of the Land Use Code is hereby
amended to read as follows:
1. Convenience retail stores with fuel sales,
provided that they are at least three thousand
nine hundred sixty (3,960) feet (3/a mile)
from any other such use and from any
fueling station.
Section 39. That Section 4.16(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 40. That Section 4.16(B)(2)(c)3. of the Land Use Code is hereby
amended to read as follows:
3. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 41. That Section 4.17(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 42. That Section 4.18(A) of the Land Use Code is hereby amended to
read as follows:
(A) Purpose. The Commercial - North College District is intended for high
traffic commercial corridors where a range of uses is encouraged to create
a transition from commercial operations on a highway, arterial street or
rail spur, to less intensive use areas or residential neighborhoods. This
designation is only for areas identified for its application in the North
College Corridor Plan.
16
Section 43. That Section 4.18(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 44. That Section 4.18(B)(2)(c)36. of the Land Use Code is hereby
amended to read as follows:
36. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 45. That Section 4.19(B)(2)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Fast food restaurants (without drive-in or
drive-through facilities).
Section 46. That Section 4.19(B)(2)(c)4. of the Land Use Code is hereby
amended to read as follows:
4. Grocery stores (occupying between five
thousand [5,000] and twenty-five thousand
[25,000] square feet).
Section 47. That Section 4.19(B)(2)(c)8. of the Land Use Code is hereby
amended to read as follows:
8. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from any other such use and from any
fueling station.
Section 48. That Section 4.20(B)(1)(c)12. of the Land Use Code is hereby
amended to read as follows:
12. Fast food restaurants (without drive-in or
drive-through facilities).
17
Section 49. That Section 4.21(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 5. which reads in its entirety as follows:
5. Open air farmers market in neighborhood,
community and regional shopping centers
only.
Section 50. That Section 4.21(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 3. which reads in its entirety as follows:
3. Places of worship or assembly.
Section 51. That Section 4.21(13)(2)(g) of the Land Use Code is hereby
amended to read as follows:
(g) Residential uses (except mixed use dwellings when
the residential units are stacked above a primary use
which occupies the ground floor).
Section 52. That Section 4.21(D)(2) of the Land Use Code is hereby amended
by the addition of a new subparagraph (o) which reads in its entirety as follows:
(o) Places of worship or assembly.
Section 53. That Section 4.21(D)(6) of the Land Use Code are hereby amended
to read as follows:
(6) Access to a park, central feature or gathering place.
Within any development proposal that contains a
residential component at least ninety (90) percent of the
dwellings shall be located within one thousand three
hundred twenty (1,320) feet (one-quarter [1/a] 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:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks meeting the following
criteria:
1. Size. In development projects greater than
two (2) acres in gross area, such private
18
parks must be a minimum of ten thousand
(10,000) square feet. In development
projects with a gross area of two (2) acres or
less, such private parks must be a minimum
of six (6) percent of the gross site area.
2. Location. Such parks must be highly
visible, secure settings formed by the street
layout and pattern of lots and easily
observed from streets. Rear facades and rear
yards of dwellings shall not abut more than
two (2) sides or more than fifty (50) percent
of the perimeter frontage of the park.
3. Accessibility. All parts of such parks shall
be safely and easily accessible by
pedestrians, and open to the public.
4. Facilities. Such parks shall consist of
multiple-use turf areas, walking paths,
plazas, pavilions, picnic tables, benches or
other features for various age groups to
utilize.
5. Ownership and Maintenance. Such parks
may, in the discretion of the city, be
acquired by the city (through dedication or
purchase), or be privately owned and
maintained by the developer or property
owners' association.
6. Storm Drainage. When integrating storm
drainage and detention functions to satisfy
this requirement, the design of such facilities
shall not result in slopes or gradients that
conflict with other recreational and civic
purposes of the park.
(c) Community facilities or neighborhood
support/recreation facilities (which are permitted as
an accessory use to housing). If such facility is
smaller than the required minimum size for
privately owned parks as required in subparagraph
(b) above, then the facility shall be physically
integrated with such park space as needed to meet
the required minimum size.
19
Section 54. That Section 4.21(D)(7) of the Land Use Code is hereby deleted in
its entirety:
Section 55. That Section 4.22(B)(3)(b) of the Land Use Code is hereby
amended by the addition of a new subparagraph 7. which reads in its entirety as follows:
7. Places of worship or assembly.
Section 56. That Section 4.22(B)(3)(c)l. of the Land Use Code is hereby
amended to read as follows:
1. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 57. That Section 4.22(D)(2) of the Land Use Code is hereby amended
by the addition of a new subparagraph (w) which reads in its entirety as follows:
(w) Places of worship or assembly.
Section 58. That Section 4.22(D)(7) of the Land Use Code is hereby amended
to read as follows:
(7) Access to a park, central feature or gathering place.
Within any development proposal that contains a
residential component at least ninety (90) percent of the
dwellings of a residential development proposal shall be
located within one thousand three hundred twenty (1,320)
feet (one-quarter [1/a] 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:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks meeting the following to the
criteria:
1. Size. In development projects greater than
two (2) acres in gross area, such private
parks must be a minimum of ten thousand
(10,000) square feet. In development
projects with a gross area of two (2) acres or
20
less, such private parks must be a minimum
of six (6) percent of the gross site area.
2. Location. Such parks must be highly
visible, secure settings formed by the street
layout and pattern of lots and easily
observed from streets. Rear facades and rear
yards of dwellings shall not abut more than
two (2) sides or more than fifty (50) percent
of the perimeter frontage of the park.
3. Accessibility. All parts of such parks shall
be safely and easily accessible by
pedestrians, and open to the public.
4. Facilities. Such parks shall consist of
multiple-use turf areas, walking paths,
plazas, pavilions, picnic tables, benches or
other features for various age groups to
y utilize.
5. Ownership and Maintenance. Such parks
may, in the discretion of the city, be
acquired by the city (through dedication or
purchase), or be privately owned and
maintained by the developer or property
owners' association.
6. Storm Drainage. When integrating storm
drainage and detention functions to satisfy
this requirement, the design of such facilities
shall not result in slopes or gradients that
conflict with other recreational and civic
purposes of the park.
(c) Community facilities or neighborhood
support/recreation facilities (which are permitted as
an accessory use to housing). If such facility is
smaller than the required minimum size for
privately owned parks as required in subparagaph
(b) above, then the facility shall be physically
integrated with such park space as needed to meet
the required minimum size.
21
Section 59. That Section 4.22(D)(8) of the Land Use Code is hereby deleted in
its entirety:
Section 60. That Section 4.23(B)(3)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Standard and fast food restaurants (without
drive-in or drive-through facilities).
Section 61. That Section 4.23(B)(3)(c)5. of the Land Use Code is hereby
amended tp rpad as follows:
5. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from any other such use and from any
fueling station.
Section 62. That Section 5.1.1 of the Land Use Code is hereby amended to
read as follows:
5.1.1 General.
For words, terms and phrases used in this Land Use Code that are not defined in
Section 5.1.2, below, or elsewhere in this Land Use Code, the Director shall have
the authority and power to interpret or define such words, terms and phrases. In
making such interpretations or definitions, the Director may.consult secondary
sources related to the planning and legal professions, such as Black's Law
Dictionary (West Publishing Company, St. Paul, Minn., most current edition), A
Survey of Zoning Definitions - Planning Advisory Service Report Number 421,
edited by Tracy Burrows, (American Planning Association. Chicago, Ill. 1989)
and The New Illustrated Book of Development Definitions, by Harvey S.
Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers
University. N.J. 1997, or most current edition), for technical words, terms and
phrases, or Webster's Third New International Dictionary (Unabridged)
(Merriam-Webster, Inc., Springfield. Mass. 1986), as supplemented, for other
words, terms and phrases.
Section 63. That the definition of"Adult-orientated use" in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Adult-oriented use shall mean a use of property where the principal use, or a
significant or substantial adjunct to another use of the property, is the sale, rental,
or display of adult material, or is an offering of live entertainment, dancing or
22
material which is distinguished or characterized by its emphasis on depicting,
exhibiting, describing or relating to "specified sexual activities" or "specified
anatomical areas" as the primary attraction to the premises, including, but not
limited to:
(1) Adult bookstore, adult novelty store or adult retail store: any
establishment that has adult material as a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenues from such material, or devotes a significant
or substantial portion of its interior business or interior advertising
to such material, or maintains a substantial or significant portion of
its gross floor area or display space for the sale or rental, for any
form of consideration, of such material including, but not limited
to, books, magazines, newspapers, movie films, slides or other
photographic or written material, video tapes, video disks,
computer software and/or other items or devices. For the purpose
of this subparagraph (1), "significant or substantial" shall mean
more than twenty (20) percent;
(2) Adult cabaret, restaurant or place of business: a cabaret,
restaurant or place of business which features waitresses, waiters,
dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers attired in such manner as to
display "specified anatomical areas."
(3) Adult hotel or motel: any hotel or motel in which the presentation
of adult material is the primary or principal attraction;
(4) Adult mini-motion picture theater: any theater or establishment
with a capacity of less than fifty (50) persons in which the
presentation of adult material is the primary or principal attraction;
(5) Adult motion picture theater: any theater or establishment with a
capacity of fifty (50) or more persons in which the presentation of
adult material is the primary principal attraction;
(6) Adult photo studio: any establishment which, upon payment of a
fee, provides photographic equipment and/or models for the
purpose of photographing, sketching, drawing, painting or
sculpturing "specified anatomical areas", but shall not include a
private school licensed by the State of Colorado or a college,junior
college or university supported entirely or in part by public funds
or a private college or university that maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or in part by public
funds.
23
(7) Other adult amusement or entertainment: any other amusement,
entertainment or business which is distinguished or characterized
by an emphasis on acts or adult material depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas."
Section 64. That the definition of"Adult material" in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Adult material shall mean any material including, but not limited to, books,
magazines, newspapers, movie films, slides or other photographic or written
materials, video tapes, video disks, computer software and/or other items or
devices which are distinguished or characterized by their emphasis on depicting,
describing or relating to "specified anatomical areas" or "specified sexual
activities."
Section 65. That the definition of "Child care center" in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Child care center shall mean a facility, by whatever name known, which is
maintained for the whole or part of a day for the care of seven (7) or more
children under the age of sixteen (16) years who are not related to the owner,
operator or manager, whether such facility is operated with or without
compensation for such care and with or without stated educational purposes,
except that a child care center shall not include any of the following three (3)
types of family care homes as defined by the State of Colorado: family child care
home, infant/toddler home, or experienced family child care provider home. The
term includes, but is not limited to, facilities commonly known as day-care
centers, day nurseries, nursery schools, preschools, play groups, day camps,
summer camps, large child care homes as defined by the State of Colorado,
centers for mentally retarded children and those facilities which give twenty-four-
hour per day care for dependent and neglected children. Child care centers are
also those facilities for children under the age of six (6) years with stated
educational purposes which are operated in conjunction with a public, private or
parochial college or a private or parochial school, except that the term shall not
apply to a kindergarten maintained in connection with a public, private or
parochial elementary school system of at least six (6) grades.
Section 66. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Dormitory" which reads in its entirety as follows:
Dormitory shall mean a building used as group living quarters for students or
religious adherents as an accessory use for a bona fide college, university,
boarding school, seminary, convent, monastery, or other similar institutional use.
24
Section 67. That subsection (1) in the definition of "Family-care home" in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
(1) Day-care home shall mean a facility licensed by the State of
Colorado that provides on a regular basis in a place of residence,
less than twenty-four (24) hour care for two (2) or more children
from different family households who are not related to the
caregiver. Such a facility may be any of the following three (3)
types of family care homes as defined by the State of Colorado:
family child care home, infant/toddler home, or experienced family
child care provider home.
Section 68. That the definition of "Large retail establishment" in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Large retail establishment shall mean a retail establishment, or any combination
of retail establishments in a single building or in separate but abutting buildings,
or a movie theater or an indoor recreational use, occupying more than twenty-five
thousand (25,000) gross square feet of floor area.
Section 69. That the definition of "Limits of development" in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Limits of development shall mean the areas described and established pursuant to
Section 3.4.1(N).
Section 70. That the definition of "Lot line,front" in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Lot line, front shall mean the property line dividing a lot from a street. On a
corner lot only one (1) street line shall be considered as a front line, and the street
to which the primary entrance of the principal building faces or to which the
building is addressed, shall be considered the front line.
Section 71. That the definition of "Marginal-access street" in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Marginal-access street shall mean a local street which is parallel to and adjacent
to expressways or arterials and which provides access to abutting properties and
protection from through traffic.
Section 72. That the definition of "Neighborhood service center" in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Neighborhood service center shall mean a shopping and service center,
approximately fifteen (15) acres in size, designed to meet consumer demands
25
from an adjacent neighborhood. The primary functional offering is usually a
supermarket with an approximately equivalent amount of associated mixed retail
and service-oriented gross square footage. Other functional offerings may include
employment uses, such as offices and/or commercial development traditionally
located along arterial streets.
Section 73. That Section 5.1.2 of the Land Use Code is hereby amended by
the addition of a new definition "Parking structure" which reads as follows:
Parking structure shall mean a building or structure consisting of more than one
(1) level and principally used to park motor vehicles.
Section 74. That subparagraph (3) in the definition of "Sign" in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
(3) works of art which in no way identify the name of a business and
which in the judgement of a reasonably prudent person are not
displayed in conjunction with a commercial enterprise for the
purpose, or with the effect, of advertising a product or service
offered by a business located on the property where such work of
art is displayed;
Introduced and considered favorably on first reading and ordered published this
21 st day of May, A.D. 2002, and to be presented for final passage on the 4th day of June,
A.D. 2002.
� ^ E
Mayor pro T.0 V
TTEST:
City Clerk
Passed and adopted on final reading this 4th day of June, A.D. 2002.
Mayor
ST
City Clerk
26