HomeMy WebLinkAbout041 - 03/16/1999 - MAKING VARIOUS AMENDMENTS TO THE FORT COLLINS LAND USE CODE ORDINANCE NO. 41, 1999
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 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 for the purpose of
ensuring that the Land Use Code remains a "fluid" 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, the Planning and Zoning Board and the Zoning Board
of Appeals 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 welfare 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 2.3.2(H) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(H) Step 8 (Standards): Applicable. An overall development plan shall
comply with the following criteria:
(1) The overall development plan shall be consistent with the
permitted uses and applicable zone district standards (Article 4) of
all zone districts contained within the boundaries of the overall
development plan and shall also be consistent with any applicable
general development standards (Article 3). If the overall
development plan contains any land within the M-M-N, C-C
and/or N-C Districts, the plan shall be consistent with the block
size requirements for those districts.
Section 2. That Division 2.8 of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
1
DIVISION 2.8 MODIFICATION OF STANDARDS(BY THE PLANNING AND ZONING BOARD
Sections:
2.8.1 Purpose and Applicability
2.8.2 Modification Review Procedures
2.8.1 Purpose and Applicability
The Planning and Zoning Board is empowered to grant modifications to the
General Development Standards contained in Article 3 and the Land Use
Standards and Development Standards contained in Article 4 and any separation
or proximity standards that are established as a specific measurement of distance
in the District Permitted Uses contained in Article 4, either for; (1) overall
development plans and/or project development plans which are pending approval
at the time that the request for proposed modification is filed, or (2) overall
development plans and/or project development plans which the applicant intends
to file, provided that such plans are in fact filed with the Director as development
applications within one (1) year following the determination of the decision maker
on the request for the proposed modification.
2.8.2 Modification Review Procedures
A request for modification to the standards shall be processed according to, in
compliance with, and subject to the provisions contained in Division 2.1 and
Steps 1 through 12 of the Common Development Review Procedures (Section
2.2.1 through 2.2.12, inclusive) as set forth below. A modification may (at the
option of the applicant) be processed in a consolidated application and reviewed
concurrently with the development application to which it applies, in which event
the decision maker shall be the Planning and Zoning Board for both the
modification and the development application to which it applies, even if such
development application would otherwise have been subject to administrative
(Type 1) review. Once a modification is approved, it shall be controlling for the
successive, timely filed, development applications for that particular development
proposal only to the extent that it modifies the standards pertaining to such plan.
(A) Step 1 (Conceptual Review): Applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents
required for a Modification of Standards as described in the development
application submittal master list shall be submitted. The Director may
2
waive or modify the foregoing submittal requirements if, given the facts
and circumstances of the specific application, a particular requirement
would either be irrelevant, immaterial, redundant or otherwise unnecessary
for the full and complete review of the application.
(D) Step 4(Determination of Sufficiency): Applicable.
(E) Step S(Staff Report): Applicable.
(F) Step 6 (Notice): Section 2.2.6(A), (B), and (C) apply. Section 2.2.6(D)
shall not apply.
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution for
Section 2.2.7(A), the Planning and Zoning Board shall review, consider
and approve, approve with conditions, or deny an application for a
modification of standards based on its compliance with all of the standards
contained in Step S.
Step 7(B)-(G)(1) (Conduct of Public Hearing, Order of Proceedings at
Public Hearing, Decision and Findings, Notification to Applicant, Record
of Proceedings, Recording of Decisions and Plats, Filing with City Clerk):
Applicable.
Step 7(G)(2) (Final Plats Recorded with County Clerk and Recorder): Not
applicable.
(H) Step 8 (Standards): Applicable, and the Planning and Zoning Board shall
grant a modification of standards only if it finds that the granting of the
modification would neither be detrimental to the public good nor impair
the intent and purposes of this Land Use Code,and that:
(1) the plan as submitted will advance or protect the public interests
and purposes of the standard for which the modification is
requested equally well or better than would a plan which complies
with the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any
standard would result in a substantial benefit to the city by reason
of the fact that the proposed project would substantially address an
important community need specifically and expressly defined and
described in the city's Comprehensive Plan, adopted policy,
ordinance or resolution (such as, by way of example only,
affordable housing or historic preservation) or would substantially
alleviate an existing, defined and described problem of city-wide
concern (such as, by way of example only, traffic congestion or
3
urban blight), and the strict application of such a standard would
render the project practically infeasible; or
(3) 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 modified would result in
unusual and exceptional practical difficulties, or exceptional or
undue hardship upon the owner of such property, provided that
such difficulties or hardship are not caused by the act or omission
of the applicant.
Any finding made under subparagraph (1), (2) or (3) above shall be supported by
supplemental findings showing how the plan, as submitted, meets the
requirements and criteria of said subparagraph (1), (2), or (3).
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not Applicable.
(K) Step 11 (Lapse): All Modifications of Standards which apply to a pending
development plan or a development plan which is timely filed in
accordance with the provisions of Section 2.7.1 shall be valid in
accordance with the lapse provisions contained in Section 2.2.11. All
Modifications of Standards which apply to a development plan which has
not been filed in accordance with the provisions of Section 2.7.1 shall be
valid for a period of time not to exceed one (1) year following the
determination of the decision maker on the request for the proposed
modification.
(L) Step 12 (Appeal): Applicable.
Section 3. That Section 3.4.1 of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
3.4.1 Natural Habitats and Features
(A) Applicability. This section applies if any portion of the development site
is within five hundred (500) feet of an area or feature identified as a
natural habitat or feature on the city's Natural Habitats and Features
Inventory ,Vlap, or if any portion of the development site possesses
characteristics (including, without limitation, wetlands, riparian areas or
foothills forest) which would have supported their inclusion on the
4
Natural Habitats and Features Inventory Map, and such areas are
discovered during site evaluation and/or reconnaissance associated with
the development review process. Resources included on the Natural
Habitats and Features Inventory Map, as described in detail in Technical
Memorandum 2, "Identification of Natural Areas," of the Natural Areas
Policy Plan, are as follows:
(1) Natural Communities or Habitats
(a) Aquatic (e.g., rivers, streams, lakes,ponds)
(b) Wetland and wet meadow
(c) Native grassland
(d) Riparian forest
(e) Urban plains forest
(f) Riparian shrubland
(g) Foothills forest
(2) Special Features
(a) Significant remnants of native plant communities
(b) Potential habitats and known locations of rare, threatened,
or endangered plants
(c) Potential habitats and known locations of rare, threatened
or endangered animals
(d) Raptor habitat features, including nest sites, communal
roost sites, and key concentration areas
(e) Concentration areas for nesting and migratory shorebirds
and waterfowl
(f) Migratory songbird concentration areas
(g) Key nesting areas for grassland birds
(h) Fox and coyote dens
5
(i) Mule deer winter concentration areas
0) Prairie dog colonies over fifty (50) acres in size
(k) Concentration areas for rare, migrant, or resident butterflies
(1) Areas of high terrestrial or aquatic insect diversity
(m) Areas of significant geological or paleontological interest
(n) Irrigation ditches that serve as wildlife corridors.
(B) Purpose. The purpose of this Section is to ensure that when property is
developed consistent with its zoning designation, the way in which the
proposed physical elements of the development plan are designed and
arranged on the site will protect the natural habitats and features both on
the site and in the vicinity of the site.
(C) General Standard. To the maximum extent feasible, the development plan
shall be designed and arranged to be compatible with and to protect natural
habitats and features and the plants and animals that inhabit them and
integrate them within the developed landscape of the community by: (1)
directing development away from sensitive resources, (2) minimizing
impacts and disturbance through the use of buffer zones, (3) enhancing
existing conditions, or (4) restoring or replacing the resource value lost to
the community (either on site or off site) when a development proposal
will result in the disturbance of natural habitats or features.
(D) Ecological Characterization and Natural Habitat or Feature Boundary
Definition. The boundary of any natural habitat or feature shown on the
Natural Habitats and Features Inventory ,Llap is only approximate. The
actual boundary of any area to be shown on a project development shall be
proposed by the applicant and established by the Director through site
evaluations and reconnaissance, and shall be based on the ecological
characterization of the natural habitat or feature in conjunction with the
map.
(1) Ecological Characterization Study. If the development site
contains, or is within five hundred (500) feet of, a natural habitat or
feature, or if it is determined by the Director, upon information or
from inspection, that the site likely includes areas with wildlife,
plant life and/or other natural characteristics in need of protection,
then the developer shall provide to the city an ecological
characterization report prepared by a professional qualified in the
6
areas of ecology, wildlife biology or other relevant discipline. The
Director may waive any or all of the following elements of this
requirement if the city already possesses adequate information
required by this subsection to establish the buffer zone(s), as set
forth in subsection (E) below, and the limits of development
("LOD"), as set forth in (N) below. The Ecological
Characterization study shall describe, without limitation, the
following:
(a) the wildlife use of the area showing the species of wildlife
using the area, the times or seasons that the area is used by
those species and the "value" (meaning feeding, watering,
cover, nesting, roosting, perching) that the area provides for
such wildlife species;
(b) the boundary of wetlands in the area and a description of
the ecological functions and characteristics provided by
those wetlands:
(c) any prominent views from or across the site;
(d) the pattern, species and location of any significant native
trees and other native site vegetation;
(e) the bank, shoreline and high water mark of any perennial
stream or body of water on the site;
(fj areas inhabited by or frequently utilized by Sensitive and
Specially Valued Species;
(g) special habitat features;
(h) wildlife movement corridors;
(i) the general ecological functions provided by the site and its
features;
(j) any issues regarding the timing of development-related
activities stemming from the ecological character of the
area; and
(k) any measures needed to mitigate the projected adverse
impacts of the development project on natural habitats and
features.
7
(2) Wetland Boundary Delineation. In establishing the boundaries of a
wetland, the applicant and the Director shall use soil samples,
ecological characterization and hydrological evidence, to the extent
that such are in existence or are requested of and provided by the
applicant. The Director may also utilize the standards and
guidelines and/or the professional recommendations of the U.S.
Army Corps of Engineers, the U.S. Fish and Wildlife Service
and/or the Colorado Division of Wildlife in establishing such
boundaries. Wetland boundary delineations shall identify both the
boundary of any jurisdictional wetland as defined by the standards
and guidelines in use by the U.S. Army Corps of Engineers at the
time of development review and any additional areas that would be
classified as wetlands according to the U.S. Fish and Wildlife
Service wetland classification system.
(E) Estahlishment of Buffer Zones. For every development subject to this
Division, the applicant shall propose, and the decision maker shall approve
on the project development plan buffer zone(s) surrounding natural
habitats and features. The purpose of the buffer zones is to protect the
ecological character of the natural habitat or natural feature from the
impacts of the ongoing activity associated with the development.
(1) Buffer Zone Performance Standards. The decision maker shall
approve buffer zones for each natural habitat or feature contained
in the project site. The buffer zones may be multiple and non-
contiguous. The general buffer zone distance shall be established
according to the criteria contained in the table below, but the
decision maker may modify any portion of the general buffer zone
distance provided that the performance standards set forth below
are achieved. This may result in buffer zones of either greater or
lesser distances than those specified in the table below. The
decision maker may also modify such buffer zone distance if the
strict application of this subsection will impose an exceptional and
undue hardship upon the property owner or developer. The buffer
zone performance standards are as follows:
(a) The project shall be designed to preserve or enhance the
ecological character or function and wildlife use of the
natural habitat or feature and to minimize or adequately
mitigate the foreseeable impacts of development.
(b) The project shall be designed to preserve or enhance the
existence of wildlife movement corridors between natural
features, both within and adjacent to the site.
8
(c) The project shall be designed to preserve significant
existing trees and other significant existing vegetation on
the site.
(d) The project shall be designed to protect from adverse
impact species utilizing special habitat features such as key
raptor habitat features, including nest sites, night roosts and
key feeding areas as identified by the Colorado Division of
Wildlife or in the Fort Collins Natural Areas Policy Plan
(NAPP); key production areas, wintering areas and
migratory feeding areas for waterfowl; key use areas for
wading birds and shorebirds; key use areas for migrant
songbirds; key nesting areas for grassland birds; fox and
coyote dens; mule deer winter concentration areas as
identified by the Colorado Division of Wildlife or NAPP;
prairie dog colonies over fifty (50) acres in size as included
on the Natural Habitats and Features Inventory Map; key
areas for rare, migrant or resident butterflies as identified in
the NAPP; areas of high terrestrial or aquatic insect
diversity as identified in the NAPP; remnant native prairie
habitat; mixed foothill shrubland; foothill ponderosa pine
forest; plains cottonwood riparian woodlands; and any
wetland greater than one-quarter (%4) acre in size.
(e) The project shall be designed so that the character of the
proposed development in terms of use, density, traffic
generation, quality of runoff water, noise, lighting and
similar potential development impacts shall minimize the
degradation of the ecological character or wildlife use of
the affected natural habitats or features.
(f) The project shall be designed to integrate with and
otherwise preserve existing site topography, including but
not limited to such characteristics as steepness of slopes,
existing drainage features, rock outcroppings, river and
stream terraces, valley walls, ridgelines and scenic
topographic features.
(g) The project shall be designed to enhance the natural
ecological characteristics of the site. If existing
landscaping within the buffer zone is determined by the
decision maker to be incompatible with the purposes of the
buffer zone, then the applicant shall undertake restoration
and mitigation measures such as regrading and/or the
replanting of native vegetation.
9
(h) The project shall be designed to provide appropriate human
access to natural habitats and features and their associated
buffer zones to provide for passive recreational uses such as
hiking, fishing, photography, nature observation and
environmental education consistent with the goals and
objectives of the Natural Areas Policy Plan and the General
Management Guidelines for City-Owned Natural Areas and
Open Spaces, provided that such access is compatible with
the ecological character and wildlife use of the natural
habitat or feature.
(2) Development Activities Within the Buffer Zone.
(a) No disturbance shall occur within any buffer zone and no
person shall engage in any activity that will disturb,
remove, fill, dredge, clear, destroy or alter any area,
including vegetation within natural habitats or features
including without limitation lakes, ponds, stream corridors
and wetlands, except as provided in subsection (c) below.
(b) If the development causes any disturbance within the buffer
zone, whether by approval of the decision maker or
otherwise, the applicant shall undertake restoration and
mitigation measures within the buffer zone such as
regrading and/or the replanting of native vegetation. The
applicant shall undertake mitigation measures to restore any
damaged or lost natural resource either on or off site at the
discretion of the decision maker. Any such mitigation or
restoration shall be at least equal in ecological value to the
loss suffered by the community because of the disturbance,
and shall be based on such mitigation and restoration plans
and reports as have been requested, reviewed and approved
by the decision maker. Unless otherwise authorized by the
decision maker, if existing vegetation (whether native or
non-native) is destroyed or disturbed, such vegetation shall
be replaced with native vegetation and landscaping.
(c) The decision maker may allow disturbance or construction
activity within the buffer zone for the following limited
purposes:
1. mitigation of development activities;
10
2. restoration of previously disturbed or degraded
areas or planned enhancement projects to benefit the
natural area or feature;
3. emergency public safety activities;
4. utility installations when such activities and
installations cannot reasonably be located outside
the buffer zone or other nearby areas of
development;
5. construction of a trail or pedestrian walkway that
will provide public access for educational or
recreational purposes provided that the trail or
walkway is compatible with the ecological character
or wildlife use of the natural habitat or feature; and
6. construction or installation of passive recreation
features or public park elements (such as benches,
observation blinds, picnic tables, and similar
items)provided that such features or elements are
compatible with the ecological character or wildlife
use of the natural habitat or feature.
(3) Planning and Zoning Board Review for Projects with Less Than
Recommended Buffer. If the application of the performance
standards contained in this subparagraph results in a proposed
buffer zone that includes a buffer distance that is, on average, less
than eighty (80) percent of the minimum general buffer distance
recommended in the Table below, then the project will be reviewed
through Planning and Zoning Board Review as defined in 2.2.1.
BUFFER ZONE STANDARDS FOR
FORT COLLINS NATURAL HABITATS AND FEATURES` '
NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD'
Isolated Areas
Irrigation ditches that serve as wildlife corridors 50 feet
Isolated patches of native grassland or shrubland 50 feet
Isolated patches of native upland or riparian forest 50 feet
Woodlots/farmstead windbreaks 25 feet
Naturalized irrigation ponds 50 feet
11
NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD
Naturalized storm drainage channels/detention 50 feet
ponds
Lakes or reservoirs 100 feet
Wetlands < 1/3 acre in size. 50 feet
Wetlands> 1/3 acre in size, without significant use 100 feet
by waterfowl and/or shorebirds.
Wetlands > 1/3 acre in size with significant use by 300 feet
waterfowl and/or shorebirds.
Stream Corridors
Boxelder Creek 100 feet
Cache la Poudre River (west UGA boundary to 300 feet
College Avenue)
Cache la Poudre River in downtown (College to 200 feet
Lincoln Avenue)'
Cache la Poudre River(Lincoln Avenue to east 300 feet
UGA boundary)
Cooper Slough 300 feet
I
Dry Creek 100 feet
Fossil Creek and Tributaries rIO
feet
Spring Creek feet
Special Habitat Features/Resources of Special
Concern
Bald eagle communal feeding sites 660 feet
Bald eagle communal roost sites 1 320 feet
Bald eagle nest sites 2,640 feet
Red-tailed ferruginous, and Swainson's hawk nest 1,320 feet
sites
Winter raptor concentration areas 300 feet
Great blue heron colonial nest sites 825 feet
Migratory waterfowl concentration areas 300 feet
Nesting waterfowl concentration areas EOfe
Migratory shorebird concentration areas Nesting shorebird concentration areas
Migratory songbird concentration areas 300 feet
Locations of Preble's meadow jumping mouse 300 feet
12
NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD
Locations of rare butterfly species site analysis
Locations of rare, threatened, or endangered plant site analysis
species
Locations of geological or paleontological sites of site analysis
special interest
'Note that these buffer zone standards do not apply in areas zoned RDR -- River Downtown
Redevelopment. Alternative standards are included in the description of this zoning district.
Distances may be modified as described in Section ')Al E)(l) above to meet performance
standards.
'Distances are horizontal distances in plan view from the natural habitat or feature to the
boundary of development lots.
(F) Protection of Wildlife Habitat and Ecological Character.
(1) Sensitive or Specially Valued Species. If the ecological
characterization report required pursuant to subsection (D)(1)
above shows the existence in such natural habitat or feature of a
plant or wildlife species identified by the city as a Sensitive or
Specially Valued Species, or by state or federal agencies as
"threatened" or "endangered," then the development plan shall
include provisions to ensure that any habitat contained in any such
natural habitat or feature or in the adjacent buffer zone which is of
importance to the use or survival of any such species shall not be
disturbed or diminished and, to the maximum extent feasible, such
habitat shall be enhanced. (NOTE: Some studies, e.g., rare plant
surveys, are time-limited and can only be performed during certain
seasons.) Projects that impact habitat areas used by Sensitive or
Specially Valued Species shall be subject to Planning and Zoning
Board Review.
(2) Connections. If the development site contains existing natural
habitats or features that connect to other off-site natural habitats or
features, to the maximum extent feasible the development plan
shall preserve such natural connections. If natural habitats or
features lie adjacent to (meaning in the region immediately round
about) the development site, but such natural habitats or features
are not presently connected across the development site, then the
development plan shall, to the extent reasonably feasible, provide
such connection. Such connections shall be designed and
13
constructed to allow for the continuance of existing wildlife
movement between natural habitats or features and to enhance the
opportunity for the establishment of new connections between
areas for the movement of wildlife.
(3) Wildlife Conflicts. If wildlife that may create conflicts for the
future occupants of the development (including, but not limited to,
prairie dogs, beaver, deer and rattlesnakes) are known to exist in
areas adjacent to or on the development site, then the development
plan must, to the extent reasonably feasible, include provisions
such as barriers, protection mechanisms for landscaping and other
site features to minimize conflicts that might otherwise exist
between such wildlife and the developed portion of the site.
(G) Lakes/Riparian Area Protection.
(1) Lakes, Reservoirs and Ponds. If the development site contains a
lake, reservoir or pond, the development plan shall include such
enhancements and restoration as are necessary to provide
reasonable wildlife habitat and improve aesthetic quality in areas
of shoreline transition and areas subject to wave erosion. The
development plan shall also include a design that requires uniform
and ecologically and aesthetically compatible treatment among the
lots or tracts surrounding a lake, reservoir or pond with regard to
the establishment of erosion control protection and shoreline
landscaping on or adjacent to such lots or tracts. Water bodies and
features such as irrigation ponds, reflecting pools and lagoons
constructed as new landscaping features of a development project
shall be exempt from the standards contained in this subparagraph.
(2) Streambank Stabilization. When the Stormwater Master Plans and
the Storm Drainage Design Criteria and Construction Standards of
the city require streambank stabilization, native vegetation shall be
utilized for such purpose, and engineered stabilization techniques
such as exposed rip rap shall be avoided, to the maximum extent
feasible. The use of native vegetation shall be the principal means
of streambank stabilization, and the use of rip-rap for streambank
stabilization shall be restricted to locations where the use of
vegetation techniques is not reasonably feasible.
14
(H) Ridgeline Protection.
(1) Ridgeline Setback. So that structures blend more naturally into the
landscape, rather than being a prominent focal point, no
development shall intrude into any ridgeline protection area
identified and designated by the Director during the development
review process in conjunction with the establishment of the LOD
and the buffer zone. For the purposes of this subsection, a
designated ridgeline protection area shall include the crest of any
hill or slope so designated, plus the land located within one
hundred (100) horizontal feet (plan view) on either side of the crest
of the hill or slope.
(2) Building Height and Profile. Multi-level buildings shall follow the
general slope of the site in order to keep the building height and
profile in scale with surrounding natural features.
(I) Design and Aesthetics.
(1) Project design. Projects in the vicinity of large natural habitats
and/or natural habitat corridors, including, but not limited to, the
Poudre River Corridor and the Spring Creek Corridor, shall be
designed to complement the visual context of the natural habitat.
Techniques such as architectural design, site design, the use of
native landscaping and choice of colors and building materials
shall be utilized in such manner that scenic views across or through
the site are protected, and manmade facilities are screened from
off-site observers and blend with the natural visual character of the
area. These requirements shall apply to all elements of a project,
including any above ground utility installations.
(2) Visual Character of Natural Features. Projects shall be designed
to minimize the degradation of the visual character of affected
natural features within the site and to minimize the obstruction of
scenic views to and from the natural features within the site.
fJ) Stormwater Drainage/Erosion Control. All stormwater drainage and
erosion control plans shall meet the standards adopted by the city
Stormwater Utility for design and construction and shall, to the maximum
extent feasible, utilize nonstructural control techniques, including but not
limited to:
(1) limitation of land disturbance and grading;
15
(2) maintenance of vegetated buffers and natural vegetation;
(3) minimization of impervious surfaces;
(4) use of terraces, contoured landscapes, runoff spreaders, grass or
rock-lined waterways;
(5) use of infiltration devices;
(6) use of recharge basins, seepage pits, dry wells, seepage beds or
ditches, porous pavement or Dutch drains.
(K) Water Rights. To the extent that a development plan proposes the creation
of water features such lakes, ponds, streams or wetlands, the plan must
include clear and convincing evidence that such water features will be
supplied with sufficient water whether by natural means or by the
provision of sufficient appropriative water rights. No development plan
shall be approved which would have the effect of injuring or diminishing
any legally established water supply for any natural area.
(L) Compatibility with Public Natural Areas. If the project contains or abuts
a publicly owned Natural Area, the development plan shall be designed so
that it will be compatible with the management of the public property. In
order to achieve this, the development plan shall include measures such as
barriers or landscaping measures to minimize wildlife conflicts, setbacks
or open space tracts to provide a transition between the development and
the Natural Area, and educational signage or printed information regarding
the natural values, management needs, and potential conflicts associated
with living in close proximity to a Natural Area.
(M) Access to Public Natural Areas. In the event that the development plan
contains or abuts a publicly owned Natural Area, the development plan
shall include such easements and rights-of-way as are necessary to allow
reasonable access for the public to such Natural Area, unless such access is
deemed by the decision maker to be unnecessary and undesirable for the
proper public utilization of the Natural. Area. Any such access
requirement or dedication shall be credited (based upon a fair market value
analysis) against any open space dedication or fee-in-lieu thereof required
by the city. If the development site contains any privately owned natural
area, any access provided to such area, whether for private or public use,
shall be designed and managed in such manner as to minimize the
disturbance of existing wildlife using such area.
(N) Standards for Protection During Construction. For every development
subject to this Division, the applicant shall propose, and the Director shall
16
establish, measures to be implemented during the actual construction
phase of the project to ensure protection of natural habitats and features
and their associated buffer zones, as follows.
(1) Limits of Development. The applicant shall propose, and the
Director shall establish on the project development plan, a "limits
of development" ("LOD") line(s) to establish the boundary of the
project outside of which no land disturbance activities will occur
during the construction of the project. The purpose of the LOD
lines shall be to protect natural habitats and features and their
associated buffer zones from inadvertent damage during site
construction activities. The location of the LOD shall be designed
to preserve significant ecological characteristics of the affected
natural habitat or feature that could not reasonably be restored if
disturbed by construction activities association with the project.
The LOD shall also be designed to accommodate the practical
needs of approved construction activity in terms of ingress and
egress to the developed project and necessary staging and
operational areas.
(2) Designation. LODs, as approved by the Director, shall be shown
on the final plan for development. LODs shall be designated in the
field prior to commencement of excavation, grading or
construction with fencing or other methods approved by the
Director.
(3) Barrier Fencing. Construction barrier fencing shall be provided at
the limits of development during construction. For the protection
of trees and clumps of trees to be preserved with a buffer zone that
is to be disturbed, tree protection specifications as described in
subsection 3.2.1(G)(1) and (3) through (7) shall be followed.
(4) Construction Timing. Construction shall be organized and timed to
minimize the disturbance of Sensitive of Specially Valued Species
occupying or using on-site and adjacent natural habitats or features.
(5) Prairie Dog Removal. Before the commencement of grading or
other construction on the development site, any prairie dogs
inhabiting portions of the site within the LOD shall be relocated or
eradicated by the developer using city approved methods as set
forth in Chapter 4 of the City Code, and when applicable, using
methods reviewed and approved by the Colorado Division of
Wildlife.
17
(0) Proof of Compliance.
(1) If a proposed development will disturb an existing wetland, the
developer shall provide to the city a written statement from the
U.S. Army Corps of Engineers that the development plan fully
complies with all applicable federal wetland regulations as
established in the federal Clean Water Act.
(2) The developer shall also provide to the city written statements
from such other governmental agencies having jurisdiction, and
which have been identified in writing by the Director, that the
development plan fully complies with all applicable state
(including county) and federal environmental regulations. Such
written statements shall be provided to the Director prior to the
scheduling of the hearing for the project development plan.
Section 4. That Section 3.7.2 of the Land Use Code of the City of Fort Collins is
hereby amended by adding a new subparagraph (A)(4) to read as follows:
(4) Exemption for properties located within certain planned
subareas. Development located within the following
planned subareas need not comply with the requirements of
this subsection (.A):
(a) Fossil Creek Reservoir Area.
(b) Harmony Corridor.
Section 5. That Section 4.4(D)(3) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(3) Neighborhood Centers.
(a) Access to Neighborhood Center. At least ninety (90)
percent of the dwellings in all development projects greater
than forty (40) acres shall be located within three thousand
nine hundred sixty (3,960) feet (three-quarter [1/41 mile) of
either a Neighborhood Center contained within the project,
or an existing Neighborhood center located in an adjacent
development, or an existing or planned Neighborhood
Commercial District commercial project, which distance
shall be measured along street frontage, and without
crossing an arterial street. Neighborhood Centers shall
meet the requirements contained in subparagraphs (b)
through (e)below.
18
(b) Location. A neighborhood center shall be planned as an
integral part of surrounding residential development and
located where the network of local streets provides direct
access to the Center.. The location may be:
1. in the interior of a residential development, or
2. along arterial streets.
Neighborhood centers with retail uses or restaurants located
on arterial streets shall be spaced at least three thousand
nine hundred sixty (3,960) feet (three-quarter [1/4] mile)
apart.
(c) Land Use Requirements. A neighborhood center shall
include two (2) or more of the following uses: 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; 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 schools,
parks and outdoor spaces as defined in subparagraph (e) of
this Section.
(d) Design and Access. The design of neighborhood centers
shall be integrated with surrounding residential areas by
matching the scale of nearby residential buildings;
providing direct access from surrounding residential areas;
creating usable outdoor spaces; orienting building entrances
to connecting walkways; and, to the extent reasonably
feasible, maintaining/continuing the architectural themes or
character of nearby neighborhoods.
(e) Outdoor Spaces. A publicly accessible outdoor space such
as a park, plaza, pavilion or courtyard shall be included
within or adjacent to every neighborhood center to provide
a focal point for such activities as outdoor gatherings,
neighborhood events, picnicking, sitting, and passive and
active recreation.
19
Section 6. That Section 4.4(13)(7)(b) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(b) Accessibility. All parts of such parks shall be safely and easily
accessible by pedestrians and open to the public.
Section 7. That Section 4.5(D) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(D) Land Use Standards.
(1) Density. Residential developments in the Medium Density Mixed-
Use Neighborhood District shall have an overall minimum average
density of twelve (12) dwelling units per net acre of residential
land except that residential developments (whether approved
pursuant to overall development plans or project development
plans) containing twenty (20) acres or less and located in the Infill
Area shall have an overall minimum average density of seven (7)
dwelling units per net acre of residential land. The requirements of
this paragraph shall not apply to mixed-use dwellings in multi-
story mixed-use buildings.
(a) The minimum residential density of any phase in a
multiple-phase development plan shall be seven (7)
dwelling units per net acre of residential land.
(2) Mix of Housing Types. A complete range of the permitted housing
types is encouraged in a neighborhood and within any individual
development plan, to the extent reasonably feasible, depending on
the size of the parcel. The following minimum standards are
intended to promote such variety:
(a) A minimum of two (2) housing types shall be required on
any development parcel sixteen (16) acres or larger,
including parcels part of a phased development. A
minimum of three (3) housing types shall be required on
any development parcels thirty (30) acres or larger.
(b) Lot sizes and dimensions shall be varied for different
housing types to avoid monotonous streetscapes. For
example, larger housing types on larger lots are encouraged
on corners. Smaller lots are encouraged adjacent to
common open spaces.
20
(c) The following list of housing types shall be used to satisfy
this requirement.
1. Small lot single-family detached dwellings on lots
containing less than six thousand (6,000) square
feet.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Mixed-use dwelling units.
5. Group homes.
6. Multi-family dwellings.
(d) Lot pattern. The lot size and layout pattern for Medium
Density Mixed-Use Neighborhoods shall be designed to
allow buildings to face toward the street.
(3) Access to a park, central feature or gathering place. At least
ninety (90) percent of the dwellings in all development projects
shall be located within one thousand three hundred twenty (1,320)
feet (one-quarter [1/4] 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 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. Such private parks must be a minimum of
10,000 square feet.
2. Location. Such parks shall 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.
21
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 one of these buildings or structures is used to
meet the requirements of this subsection, then it must also
include a year-round, publicly accessible, outdoor space of
at least 10,000 square feet in a usable configuration. Such a
space may be a park-like lawn, garden, plaza, pavilion or
courtvard to accommodate such activities as outdoor
gatherings, neighborhood events, picnicking, sitting or
active and/or passive recreation.
(4) Secondary Uses. All residential uses, parks and recreational
facilities and community facilities are considered the primary uses
of this zone district. All other permitted uses are considered
secondary uses in this zone district and, for projects containing ten
(10) or more acres, together shall occupy no more than fifteen (15)
percent of the total gross area of any development plan. If the
project contains less than ten (10) acres, the development plan
must demonstrate how it contributes to the overall mix of land uses
within the surrounding area. but shall not be required to provide a
mix of land uses within the development.
11
Section 8. That Section 4.5(E) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(E) Development Standards.
(1) Block Requirements. All development shall comply with the
applicable standards set forth below, unless the decision maker
determines that compliance with a specific element of the standard
is infeasible due to unusual topographic features, existing
development, safety factors or a natural area or feature:
(a) Block structure. Each Medium Density Mixed-Use
Neighborhood and each development within this District
shall be developed as a series of complete blocks bounded
by streets (public or private). (See Figures 18A through
18F). Natural areas, irrigation ditches, high-voltage power
• lines, operating railroad tracks and other similar substantial
physical features may form up to two (2) sides of a block.
(b) Block Size. All blocks shall be limited to a maximum size
of seven (7) acres.
(c) Minimum Building Frontage. Forty (40) percent of each
block side or fifty (50) percent of the block faces of the
total block shall consist of either building frontage, plazas,
or other functional open space.
(d) Building Height. Buildings shall be limited to a maximum
of three (3) stories.
(2) Buildings.
(a) The portion of a building located within a radius of
seventy-five (75) feet of the right-of-way of an intersection
of two (2) arterial streets may contain an additional fourth
story.
(b) The portion of a building within a radius of fifty (50) feet
of the right-of-way of any street intersection (except an
arterial/arterial intersection (except an arterial/arterial
intersection may contain an additional fourth story)
(c) Minimum setback from street right-of-way: none.
Section 9. That Section 4.14(D) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(D) Land Use Standards.
(1) Community Facilities. To the maximum extent feasible,
community facilities such as community buildings, government
offices, recreation centers, and libraries shall be placed in central
locations as highly visible focal points. To the extent reasonably
feasible, they shall be located close to transit stops.
(2) Secondary Uses. All residential permitted uses, except mixed use
dwellings in multi-story mixed use buildings, shall be considered
secondary uses in this zone district and, for projects containing ten
(10) or more acres, together shall occupy no more than thirty (30)
percent of the total gross area of any development plan. If the
project contains less than ten (10) acres, the development plan
must demonstrate how it contributes to the overall mix of land uses
within the surrounding area, but shall not be required to provide a
mix of land uses within the development.
Section 10. That Section 4.14(E) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(E) Development Standards.
(1) Site Planning.
(a) Building Orientation. The configuration of shops in the
Community Commercial District shall orient primary
ground-floor commercial building entrances to pedestrian-
oriented streets, connecting walkways, plazas, parks or
similar outdoor spaces, not to interior blocks or parking
lots. Anchor tenant retail buildings may have their primary
entrances from off-street parking lots; however, on-street
entrances are strongly encouraged. The lot size and layout
pattern for individual blocks within the Community
Commercial District shall support this requirement.
(b) Central Feature or Gathering Place. At least one (1)
prominent or central location within each geographically
distinct Community Commercial District shall include a
convenient outdoor open space or plaza with amenities
such as benches, monuments, kiosks or public art. This
24
feature and its amenities may be placed on blocks with
community facilities.
(c) Integration of the Transit Stop. Community Commercial
Districts shall be considered primary stops on the regional
transit network. Transit stops, to the maximum extent
feasible, shall be centrally located and adjacent to the core
commercial area. Commercial uses must be directly visible
and accessible from the transit stop. Transfers to feeder
buses shall be provided for in the design and location of
these stops. (See also Section 3.6.5, Transit Facilities
Standards.)
(2) Block Requirements. All development shall comply with the
applicable standards set forth below, unless the decision-maker
determines that compliance with a specific element of the standard
F is -infeasible due to unusual topographic features, existing
development, safety factors or a natural area or feature:
(a) Block structure. Each Community Commercial District
and each development within this District shall be
developed as a series of complete blocks bounded by streets
(public or private). (See Figures 18A through 18F at
Section 4.5(E).) Natural areas, irrigation ditches, high-
voltage power lines, operating railroad tracks and other
similar substantial physical features may form up to two (2)
sides of a block.
(b) Block Size. All blocks shall be limited to a maximum size
of seven (7) acres, except that blocks containing
supermarkets shall be limited to ten (10) acres in size.
(c) Minimum Building Frontage. Forty (40) percent of each
block side of fifty (50) percent of the total of all block sides
shall consist of either building frontage, plazas, or other
functional open space.
(c) Building Height. All buildings shall have a minimum
height of twenty (20) feet. All buildings shall be limited to
five (5) stories.
25
Section 11. That Section 4.19(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. The Neighborhood Commercial District is intended to be a
mixed-use commercial core area anchored by a supermarket or grocery
store and a transit stop. The main purpose of this District is to meet
consumer demands for frequently needed goods and services, with an
emphasis on serving the surrounding residential neighborhoods typically
including a medium-density mixed-use neighborhood. In addition to retail
and service uses, the District may include neighborhood-oriented uses
such as schools, employment, day care, parks, small civic facilities, as
well as residential uses.
Section 12. That Section 4.19(D) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(D) Land Use Standards.
(1) District Boundaries/Edges. Land use boundaries and density
changes in the Neighborhood Commercial District shall occur at
mid-block locations to the maximum extent feasible, rather than at
streets (so that similar buildings face each other).
(2) Secondary Uses. All residential permitted uses, except mixed use
dwellings in multi-story mixed use buildings, shall be considered
secondary uses in this zone district and, for projects containing ten
(10) or more acres, together shall occupy no more than thirty (30)
percent of the total gross area of any development plan. If the
project contains less than ten (10) acres, the development plan
must demonstrate how it contributes to the overall mix of land uses
within the surrounding area, but shall not be required to provide a
mix of land uses within the development.
Section 13. That Section 4.19(E) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(E) Development Standards.
(1) Site Planning.
(a) Overall Plan. The applicant shall demonstrate that the
development plan contributes to a cohesive, continuous,
visually related and functionally linked pattern within
existing or approved development plans within the
contiguous Neighborhood Commercial District area in
26
terms of street and sidewalk layout, building siting and
character, and site design.
(b) Central Feature or Gathering Place. At least one (1)
prominent or central location within each geographically
distinct Neighborhood Commercial District shall include a
convenient outdoor open space or plaza with amenities
such as benches, monuments, kiosks or public art. This
feature and its amenities may be placed on blocks, with
shared civic facilities.
(c) Integration of the Transit Stop. Neighborhood Commercial
Districts shall be considered major stops on the local transit
network. Transit stop facilities, to the maximum extent feasible,
shall be integrated into the design of the District, centrally located,
and epsily accessible for pedestrians walking to and from the
•• surrounding neighborhoods. (See also Diyision 3.6 Transportation
and Circulation.)
(2) Block Requirements. All development shall comply with the
applicable standards set forth below, unless the decision-maker
determines that compliance with a specific element of the standard
is infeasible due to unusual topographic features, existing
development, safety factors or a natural area or feature:
(a) Block structure. Each Neighborhood Commercial District
and each development within this District shall be
developed as a series of complete blocks bounded by streets
(public or private). (See Figures 18A through 18F at
Section 4.5(E)) Natural areas, irrigation ditches, high-
voltage power lines, operating railroad tracks and other
similar substantial physical features may form up to two (2)
sides of a block.
(b) Block Size. All blocks shall be limited to a maximum size
of seven (7) acres, except that blocks containing supermarkets shall
be limited to a maximum of 10 acres.
(c) Minimum Building Frontage: Forty (40) percent of each
block side or fifty (50) percent of the total block frontage shall
consist of either building frontage, plazas, or other functional open
space.
17
(d) Building Height All building shall have a minimum height
of twenty (20) feet. All buildings shall be limited to five (5)
stories.
Section 14. That the definition of"Community facility" in Section 5.1.2 of the Land
Use Code of the City of Fort Collins is hereby amended to read as follows:
Community facility shall mean a publicly owned facility or office building which
is primarily intended to serve the recreational, educational, cultural,
administrative, or entertainment needs of the community as a whole.
Section 15. That the definition of"Sensitive or Specially Valued Species" in Section
5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Sensitive or Specially Valued Species shall mean the following species: Federally
Threatened and Endangered Species; State of Colorado Threatened and Endangered
Species; State of Colorado Species of Concern as identified in the document, Colorado's
Natural Heritage: Rare and Imperiled Animals, Plants and Natural Communities, April
1996, Volume 2, No. 1, Animals and Plants of Special Concern and/or any other species
identified as in need of protection in the City of Fort Collins Natural Areas Policy Plan.
Introduced, considered favorably on first reading, and ordered publjshed in summary
form this 2nd day of March, A.D. 1999, and be presented for final passage on the 16th day of
March, A.D. 1999.
M-ayOTJ
i
ATTEST:
11
City Clerk
Passed and adopted on final reading this 16th day of March, A.D. 1999.
Mayor
C '
ATTEST:
City Clerk
28