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HomeMy WebLinkAbout051 - 03/18/1997 - ADOPTING THE LAND USE CODE ESTABLISHING TRANSPORTATION LEVEL OF SERVICE STANDARDS AND AMENDING THE C 1 . I ORDINANCE NO. 51, 1997 SEPARATELY CODIFYING ARTICLES I THROUGH V OF CHAPTER 29 OF THE CITY CODE (INCLUDING THE LAND DEVELOPMENT GUIDANCE SYSTEM) AS "TRANSITIONAL LAND USE REGULATIONS"AND RENUMBERING ARTICLE VI OF CHAPTER 29 ACCORDINGLY; ADOPTING THE"CITY OF FORT COLLINS LAND USE CODE"; ESTABLISHING TRANSPORTATION LEVEL OF SERVICE STANDARDS; AND AMENDING THE CODE BY CORRECTING CROSS-REFERENCES AFFECTED BY THIS ORDINANCE WHEREAS,the City of Fort Collins, as a home-rule municipality, is authorized by Article XX, Section 6 of the Colorado Constitution,the provisions of state statutes, and its City Charter to develop and implement policies and ordinances regulating the development of land within the City; and WHEREAS,the City has previously adopted various elements of its Comprehensive Plan, as well as various sections of its City Code pertaining to zoning and development of land, including certain provisions contained in Chapter 29, Article III, Division 5 of the City Code, known as the Land Development Guidance System for Planned Unit Developments, and certain provisions contained in Chapter 29, Article V of the Code pertaining to the general subdivision of land; and WHEREAS,the City has completed the process of developing a new Comprehensive Plan, known as the "City Plan" which serves to integrate the various elements of the City's Comprehensive Plan and allow for individual land use proposals to be evaluated by the City within an improved, overall planning context, rather than on a site specific basis only; and WHEREAS,pursuant to Resolution 97-25, the Council of the City of Fort Collins adopted the Community Vision and Goals 2015, City Structure Plan, and City Plan Principles and Policies as elements of the Comprehensive Plan of the City,which documents serve, among other things, as a compilation of fundamental Principles upon which the City Plan will be implemented,and include policies regarding how the implementation ought to proceed; and WHEREAS,in pursuance of the Community Vision and Goals 2015,the City Structure Plan and the City Plan Principles and Policies,the staff and professional consultants of the City, together with the City Plan Advisory Committee and other citizen groups of the City, have prepared and presented to the Council a new land use regulatory system to be known as the "City of Fort Collins Land Use Code," dated March 28, 1997, (the "Land Use Code") which system includes the comprehensive rezoning of the City as well as new standards and criteria that will be used to regulate the location, timing and design of new development within the City, all in furtherance of the City Plan, as adopted by the Council pursuant to Resolution 97-25; and WHEREAS,the Council has determined that it is in the best interest of the health, safety and welfare of the citizens of the city that Articles I through V of Chapter 29 of the Code of the City should be repealed and that the Land Use Code should be adopted; and WHEREAS,the Land Use Code contains, among its various provisions, certain provisions pertaining to the regulation of adult oriented uses; and WHEREAS,the Council has determined that, after the examination of studies from various municipalities in the United States,certain secondary effects have been found to be associated with the areas adjacent to adult oriented uses, including among such secondary effects a decline in property values, urban blight, and an increase in certain criminal activity (including an increase in the numbers of sexual assaults,prostitution cases,drug dealing,money laundering,assaults of a non- sexual nature and other crimes of violence); and WHEREAS, Council has further determined that the aforesaid secondary effects are detrimental to the health, safety, and welfare of the citizens of the City and that, for the foregoing reasons, adult oriented uses should be limited in their location and should be spaced from certain other uses that are found within the City while at the same time ensuring that such zoning limitations and spacing requirements do not unreasonably limit alternative avenues of communication or regulate the content of constitutionally protected speech; and WHEREAS, the Council has also determined that certain transportation level of service standards should be adopted by the Council to aid in the interpretation and implementation of the Land Use Code; and WHEREAS,after notice and hearing,on February 24, 1997,the Planning and Zoning Board recommended that the City Council adopt the "Land Use Code" and the transportation level of service standards. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Articles 1 through V of Chapter 29 of the Code of the City (including the Land Development Guidance System) shall be removed from the Code of the City, separately codified as "Transitional Land Use Regulations," and limited in their application to the review of pending land development applications which are permitted to be processed pursuant to said Articles as provided in Ordinance No. 161, 1996. Section 2. That Article VI of Chapter 29 shall hereafter comprise all of Chapter 29, shall be renumbered accordingly, and shall be titled "Capital Improvement Expansion Fees," with all references to such Chapter within the Code to be changed accordingly. Section 3. That the "City of Fort Collins Land Use Code,"dated March 28, 1997,a copy of which is on file in the office of the City Clerk and incorporated herein by this reference,is hereby adopted by the Council to be hereafter used by the City for regulating the use and development of real property within the City as specified therein, subject only to the exceptions contained in Ordinance No. 161, 1996. 2 • R Section 4. That the"Multi-modal Transportation Level of Service Manual,"dated March 28, 1997,which is made a part hereof by reference, and which is available for inspection in the City Clerk's Office, 300 LaPorte Avenue, City Hall West, Fort Collins, Colorado, is hereby adopted for such use by staff and Council as may be consistent with the terms thereof and as provided in the Land Use Code. Section 5. That all cross-references in the Code be corrected as provided in the sections of this ordinance that follow. Section 6. That Section 2-353(2)c. of Division 25, Chapter 2 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-353. Functions. The board shall have the following functions: (2) To exercise the authority vested in it by state planning and zoning laws subject to the provisions of this Division and the following additional provisions and limitations: C. The procedures for development review within the city shall be as established in the Land Use Code, or, if applicable,the Transitional Land Use Regulations. Accordingly, Section 31-23-215, C.R.S., shall have no force or effect in the city. Section 7. That Section 2-453 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-453. Functions. The board shall have the following powers and duties: (1) To hear and decide appeals from and review any order,requirement,decision or determination made by an administrative official charged with enforcement of the regulations established by Divisions 2.9 and 2.10 of the Land Use Code or, if applicable, Articles I through IV of the Transitional Land Use Regulations. (2) To authorize upon appeal in specific cases,variances from the terms of,Divisions 2.9 and 2.10 of the Land Use Code,where by reason of exceptional narrowness, shallowness or slope of a specific piece of property at the time of the enactment of, Divisions 2.9 and 2.10 of the Land Use Code, or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property including situations or conditions which hinder the owner's ability to install a solar energy system, the 3 strict application of any regulation enacted herein would result in peculiar and exceptional practical difficulties to the owner of such property,provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of, Divisions 2.9 and 2.10 of the Land Use Code, and provided that no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. Section 8. That Section 4-2 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-2. Exceptions. The provisions of this Chapter are subject to such exceptions as may be provided in the Land Use Code, or, if applicable, the Transitional Land Use Regulations. Section 9. That Sections 8-92, 8-93, 8-94, 8-95, 8-96 and 8-97 of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 8-92. Capital improvement expansion fund. There is hereby created a fund to account for the acquisition, construction and development of capital improvements as defined in § 29-2. Revenues shall include all fees collected pursuant to Chapter 29, and expenditures shall be made solely for the purposes described therein. Sec. 8-93. General governmental capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of general governmental services, as described in the capital improvements plan for general governmental services. Revenues shall include all fees collected pursuant to § 29-10(a). Expenditures shall be made solely for the purposes described in § 29-1 O(b)and according to all other applicable provisions of Chapter 29. Sec. 8-94. Library capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of library services, as described in the capital improvements plan for library services. Revenues shall include all fees collected pursuant to § 29-12(a). Expenditures shall be made solely for the purposes described in§29-12(b) and according to all other applicable provisions of Chapter 29. 4 Sec. 8-95. Community parkland capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of community parklands, as described in the capital improvements plan for community parkland. Revenues shall include all fees collected pursuant to § 29-13(a). Expenditures shall be made solely for the purposes described in § 29-13(b) and according to all other applicable provisions of Chapter 29. Sec. 8-96. Police capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of police services, as described in the capital improvements plan for police services. Revenues shall include all fees collected pursuant to § 29-14(a). Expenditures shall be made solely for the purposes described in§29-14(b) and according to all other applicable provisions of Chapter 29. Sec. 8-97. Fire protection capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of fire protection services to city residents,as described in the capital improvements plan for fire protection. Revenues shall include all fees collected pursuant to § 29-15(a). Expenditures shall be made solely for the purposes described in § 29-15(b) and according to all other applicable provisions of Chapter 29. Section 10. That Section 15-385(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-385. Review and approval. (b) The Financial Officer shall also obtain the determination of the Zoning Administrator as to whether the proposed use conforms to the requirements of the Land Use Code as applied to the subject location. If the Zoning Administrator determines the proposed use is not in compliance with the requirements of the Land Use Code,the application shall not be approved. Section 11. That Section 22-99(a) of the Code of the City of Fort Collins is hereby amended to read as follows: 5 ,r Sec. 22-99. Reallocation of assessments. (a) In the event that any parcel of land subject to assessment under this article is subdivided, as defined in Article 5 of the Land Use Code,the owner(s) of all parcels constituting the original tract shall immediately propose in writing to the Financial Officer a reallocation of the assessment as to all such smaller parcels. Such proposal shall include the following information as to each parcel within the original tract: (1) Name and address of the property owner; (2) Parcel and tax schedule number; (3) Legal description; and (4) Amount of proposed assessment. Section 12. That Section 23-227(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-227. Collection of neighborhood parkland fee. (a) Hereafter,payment of a neighborhood parkland fee in accordance with this Section shall be required as a condition of approval of all residential development for which a building permit is required,as those terms are defined in§ 29-2 of this Code. The fees due for such development shall be payable by the feepayer to the Building Permits and Inspection Division Director prior to or at the time of issuance of the first building permit for the property to be developed, unless an agreement has been executed by the city which provides for a different time of payment. All such payments shall be deposited by the Financial Officer in the fund created in § 8-80. Only one (1) fee shall be charged for any dwelling unit. No additional fee for acquisition and development of neighborhood parks shall be charged for the same dwelling unit. If the building permit for which a fee has been paid has expired, and an application for a new building permit is thereafter filed, any amount previously paid for a capital expansion fee and not refunded by the city shall be credited against any additional amount due under the provisions of this Article at the time of application for the new building permit. Section 13. That Section 24-42(c) of the Code of the City of Fort Collins is hereby amended to read as follows: 6 Sec. 24-42. Maintenance. (c) It shall be the duty of any property owner whose property is adjacent to a pedestrian/bicycle path which was required by the city to be constructed pursuant to the provisions of§§24-657(g)(4),of the Code or Articles 3 and/or 4 of the Land Use Code,or, if applicable,the Transitional Land Use Regulations,to maintain the paved surface of said pedestrianibicycle path so that the condition of the same does not endanger the public. Section 14. That the definition of Family, as found in Section 24-111 of the Code of the City of Fort Collins, is hereby amended to read as follows: Family shall have the meaning ascribed to it in Article 5 of the Land Use Code. Section 15. That Section 26-464(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. (b) Applicability. This schedule applies to residential customers for all domestic uses in single-family dwellings, individually metered apartments and home occupations as defined in Article 5 of the Land Use Code. This schedule may also be applied to existing mastermetered residential buildings served under this schedule prior to January 1, 1980. Master metering is not available for new or remodeled residential buildings with more than one (1) dwelling unit. This schedule does not apply to auxiliary or standby service. This schedule does not apply to parallel generation. Section 16. That Section 26-465(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service,schedule RD. (b) Applicability. This schedule applies to residential customers for all domestic uses in single-family private dwellings, individually metered apartments and home occupations as defined in Article 5 of the Land Use Code. Section 17. That Section 26-466(b) of the Code of the City of Fort Collins is hereby amended to read as follows: 7 Sec. 26-466. Residential time-of-demand, schedule RT. (b) Applicability. This schedule applies to residential customers for all domestic uses in single-family private dwellings, individually metered apartments and home occupations as defined in Article 5 of the Land Use Code. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 1997, and to be presented for final passage e 18th day of c , AI 1997. ayor / ATTEST: City Clerk Passed and adopted on final reading this 18th day of March A.D. 1997. ATTEST: 0 . City Clerk 8