HomeMy WebLinkAbout122 - 08/05/1997 - MAKING CERTAIN REVISIONS TO THE LAND USE CODE TO IMPLEMENT RECOMMENDATIONS OF THE LAND USE CODE ADVI 0 4
ORDINANCE NO. 122, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING CERTAIN REVISIONS TO THE LAND USE CODE TO
IMPLEMENT RECOMMENDATIONS OF THE
LAND USE CODE ADVISORY COMMITTEE
WHEREAS, on March 18, 1997, the Council adopted on final reading Ordinance No. 51,
1997, which, among other things, adopted the Land Use Code of the City; and
WHEREAS, at the time of the adoption of the Land Use Code,the Council intended that the
Land Use Code be a"living document" susceptible to ongoing adjustment and refinement; and
WHEREAS,Council,by Ordinance No.64, 1997,has made certain revisions to the Land Use
Code; and
WHEREAS,the Council has determined that based upon recommendations received by the
staff of the City,the Land Use Code Advisory Committee, and the Planning and Zoning Board,the
Land Use Code should be further revised as hereafter provided.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Table of Contents for Section 1 be amended by the addition of
"Section 1.6.1 Purpose and Applicability".
Section 2. That Section 1.4.9(E) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
1.4.9 Rules of Construction for Text.
(E) Delegation of Authority. Whenever a provision appears requiring the
Director or some other City officer or employee to do some act or perform
some duty, such provision shall be construed as authorizing the Director or
other officer or employee to designate, delegate, and authorize professional-
level subordinates to perform the required act or duty unless the terms of the
provision specify otherwise. With respect to the review of development
applications eligible for Type 1 review, in addition to or in substitution for
delegation to subordinates as above authorized,the Director may engage the
services of an attorney with experience in land use matters.
Section 3. That a new subsection(3)be added to Section 2.2.3(C)of the Land Use Code
of the City of Fort Collins to read as follows:
(3) Execution of Plats/Deeds; Signature Requirements. All final plats, and/or
deeds (for conveyances of real property either off the site described on the
plat or at a time or in a manner separate from the plat), submitted to the City
shall:
(a) be signed by all current owners of any recorded fee interest in the
surface of the land described on the plat(or in the deed),whether full
or defensible and whether solely or partially owned.
(b) be signed by all current owners of any equitable interest arising out
of a contract to purchase any fee interest in the surface of the land
described on the plat(or in the deed), whether full or defeasible and
whether solely or partially owned.
(c) be signed by all current record owners of any non-freehold interest
arising from any recorded lease of the surface of the land described
on the plat(or in the deed) if such lease has a remaining term of six
(6) years following approval of the final development plan by the
decision maker or if such lease contains any right of extension which,
if exercised by the tenant, would create a remaining term of six (6)
years following approval of the final development plan by the
decision maker.
(d) be signed by all current owners of any recorded mortgage, deed of
trust or other lien,financial encumbrance upon or security interest in
the lands described on the plat(or deed)which, if foreclosed would
take, injure, diminish or weaken the City's interest in any land,
easement or right-of-way which is dedicated to the City or to the
public on the plat(or in the deed).
(e) be signed by all current owners of any easement or right-of-way in the
lands described on the plat (or in the deed) whether on, above or
below the surface, which includes rights which will take, injure,
diminish or weaken the City's interest in any land,easement or right-
of-way which is dedicated to the City or to the public on the plat(or
in the deed).
(f) be signed by an attorney licensed to practice law in the State of
Colorado certifying to the City that all signatures as required pursuant
to subparagraph (a) through (e) above have lawfully and with full
authority been placed upon the plat(or in the deed). Said certification
may be limited by the attorney so certifying to only those ownership
interests that are of record or, if not of record, are either actually
known to the certifying attorney to exist, or in the exercise of
reasonable diligence, should have been known to the certifying
attorney to exist. For purposes of such certification, the terms
"record", "recorded" and "of record" shall mean as shown by
documents recorded in the real estate records in the Clerk and
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Recorder's Office of Larimer County, Colorado prior to the date of
certification.
(g) contain the legal notarization of all signatures as required pursuant to
subparagraphs (a) through (e) above to be placed upon the plat (or
deed).
(h) in substitution of the requirement contained in subparagraph (f)
above, be accompanied by a policy of title insurance insuring the
City, in an amount to be determined by the Director as sufficient to
fully compensate the City for(a) any and all risk of liability for; and
(b)all damages to the City arising from the execution of the plat(or
deed) in any manner not in compliance with the requirements of this
Section.
The Director may waive or modify the requirements of subparagraphs (b)
through(e)above upon a clear and convincing showing by the applicant that
such waiver or modification will not result in any detriment to the public
good, including without limitation, detriment to the interest of the public in
the real property conveyed to it on the plat(or in the deed);and will not result
in any harm to the health, safety or general welfare of the City and its
citizens.
Section 4. That a new subsection(3)be added to Section 2.2.3(E)of the Land Use Code
of the City of Fort Collins to read as follows:
(3) Affordable Housing Exemption. Notwithstanding the requirement contained
in subparagraph(2)above that the development review fees shall be based on
actual expenses incurred by or on behalf of the City, applications relating to
the review of affordable housing projects shall be totally or partially exempt
from the fees authorized in this subsection (E) according to the following
criteria:
(a) The fees authorized under this subsection (E) shall be entirely
waived for development projects in which at least fifty-one (51)
percent of the dwelling units are available for rent or purchase on
terms which would be affordable to individuals earning eighty (80)
percent or less of the median income of city residents,as adjusted for
family size, and paying less than thirty (30) percent of their gross
income for housing, including utilities.
(b) The fees authorized under this subsection (E) shall be reduced by
one-half(%:) if at least fifty-one (51) percent of the dwelling units
within the project are available for rent or purchase on terms which
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would be affordable to individuals earning more than eighty (80)
percent but less than ninety-five (95)percent of the median income
of city residents, as adjusted for family size, and paying less than
thirty (30) percent of their gross income for housing, including
utilities.
(c) In order to determine whether a development project is eligible for a
total or partial waiver of fees under this subparagraph, any applicant
seeking such total or partial waiver must submit documentation
evidencing the eligibility of the development project to the Director,
who may,upon review of such documentation, defer the payment of
said fees to such time, if at all, that a certificate of occupancy is
sought for the development project.At that time,prior to the issuance
of any certificate of occupancy for the development project, a final
determination shall be made by the Director as to whether the
development project qualifies for a total or partial waiver of the fees.
In the event that the Director determines that the development project
does not so qualify,all such fees shall be due and payable prior to the
issuance of the first certificate of occupancy.
Section 5. That Section 2.13.2(B)(and the title of the Section)of the Land Use Code of
the City of Fort Collins be amended to read as follows:
2.13.2 Permits and Certificates of Occupancy
(B) No land or building shall be changed in use, nor shall any new structure,
building or land be occupied or used, unless the owner (or the owner's
contractor, if any) shall have obtained a certificate of occupancy from the
Building and Zoning Director. If the use is in conformance with the
provisions of this Land Use Code, a certificate of occupancy shall be issued
within three(3)days of the time of notification that the building is completed
and ready for occupancy.A copy of all certificates of occupancy shall be filed
by the Administrator and shall be available for examination by any person
with either proprietary or tenancy interest in the property or building.
Section 6. That Section 2.13.4 of the Land Use Code of the City of Fort Collins be
amended to read as follows:
2.13.4 Criminal Liability.
Any person(including,without limitation,the developer of,owner of,or any
person possessing, occupying or trespassing upon, any property which is
subject to this Land Use Code,or any agent,lessee,employee,representative,
successor or assign thereof)who violates this Land Use Code or who fails to
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comply with any of its requirements or who fails to comply with any orders
made thereunder, shall, upon conviction, be guilty of a misdemeanor and
shall be punished as provided in §1-15 of the Code. Each day that such a
violation occurs shall constitute a separate offense. Nothing contained herein
shall prevent the city from taking such other lawful action as is necessary to
prevent or remedy any violation of this Land Use Code.
Section 7. That Section 2.13.6 of the Land Use Code of the City of Fort Collins be
amended to read as follows:
2.13.6 Enforcement of the Requirements and Conditions of Development
Approval.
The occurrence of either of the following events may subject the developer
of, owner of, or any person possessing, occupying or trespassing upon, any
property which is subject to this Land Use Code, or any agent, lessee,
employee, representative, successor or assign thereof to the enforcement
remedies contained in this Division:
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(A) failure to comply with any terms,conditions, or limitations contained
on the site plan,landscape plan,building elevations or other approved
documents pertaining to a development which has received final
approval from the city whether under the provisions of this Land Use
Code or under the provisions of prior law.
(B) failure to comply with any conditions of record imposed by the
appropriate decision maker upon its review of the site specific
development plan for the development whether under the provisions
of this Land Use Code or under the provisions of prior law.
Section 8. That Section 3.2.1(D)(1)(c)of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(c) "full tree stocking" shall be required in all landscape areas
within fifty (50) feet of any building or structure as ftuther
described below. Each such landscape area in which full tree
stocking is to occur (1) shall be provided in adequate
numbers,locations and dimensions to allow full tree stocking
to occur along all high use or high visibility sides of any
building or structure; (2) shall not be closer than seven (7)
feet from any building or structure wall; (3) shall contain at
least fifty five (55) square feet of non-paved ground area,
except that planting cut outs in walkways shall contain at least
16 square feet; and(4) shall include cutouts,planters or other
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landscape areas for tree planting within any walkway that is
twelve (12) feet or greater in width adjoining a vehicle use
area that is not covered with an overhead fixture or canopy
that would prevent growth and maturity.
Section 9. That Section 3.2.1(E)(1)(a)of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(a) Separation and screening with plant material: planting dense
stands of evergreen trees, canopy shade trees, ornamental
trees or shrubs;
Section 10. That Section 3.2.1(E)(3)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(3) Water Conservation. All landscaping plans shall be designed to incorporate
water conservation materials and techniques through application of xeriscape
landscaping principles. Xeriscape landscaping principles do not include or
allow artificial turf or plants, mulched (including gravel) beds or areas
without landscape plant material,paving of areas not required for walkways,
plazas or parking lots,bare ground,weed covered or infested surfaces or any
landscaping that does not comply with the standards of this section.
Xeriscape landscaping principles shall be:
Section 11. That Section 3.2.1(N) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(N) Alternative Compliance. Upon request by an applicant,the decision maker
may approve an alternative landscape and tree protection plan that may be
substituted in whole or in part for a landscape plan meeting the standards of
this Section.
(1) Procedure. Alternative landscape plans shall be prepared and
submitted in accordance with submittal requirements for landscape
plans. Each such plan shall clearly identify and discuss the
modifications and alternatives proposed and the ways in which the
plan will better accomplish the purposes of this Section than would
a plan which complies with the standards of this Section.
(2) Review Criteria. To approve an alternative plan, the decision maker
must first find that the proposed alternative plan accomplishes the
purposes of this Section equally well or better than would a plan
which complies with the standards of this Section.
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•V.
In reviewing the proposed alternative plan for purposes of
determining whether it accomplishes the purposes of this Section as
required above, the decision maker shall take into account whether
the alternative preserves and incorporates existing vegetation in
excess of minimum standards, protects natural areas and features,
maximizes tree canopy cover,enhances neighborhood continuity and
connectivity,fosters non-vehicular access,or demonstrates innovative
design and use of plant materials and other landscape elements.
Section 12. That Section 3.2.2(J) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(J) Setbacks. Any vehicular use area containing six(6) or more parking spaces
or 1800 or more square feet shall be set back from the street right of way and
the side and rear yard lot line, (except a lot line between buildings or uses
with collective parking) consistent with the provisions of this Section,
according to the following table:
Section 13. That Section 3.2.2(K)(2)(a)of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(a) The table below sets forth the number of allowed parking spaces based on the
square footage of the gross leasable area and of the occupancy of specified
uses. In the event that on-street or shared parking is not available on land
adjacent to the use,then the maximum parking allowed may be increased by
twenty(20)percent,provided that the amount of parking lot landscaping is
also increased by twenty(20)percent.
Section 14. That Section 3.2.2(M)(1)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(1) Landscaping coverage. At least six(6)percent of the interior space
of any parking lot containing at least 1800 square feet and containing
not less than six(6)or more than 100 spaces,and ten(10)percent of
the interior space of any parking lot with more than 100 spaces, shall
be devoted to landscaping meeting the standards set forth in this
Division. See Figure 1.
Section 15. That Section 3.2.3(E) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(E) Alternative Compliance. Upon request by an applicant,the decision maker
may approve an alternative site layout that may be substituted in whole or in
part for a plan meeting the standards of this Section.
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(1) Procedure. Alternative compliance plans shall be prepared and
submitted in accordance with submittal requirements for plans as set
forth in this Section. The plan shall clearly identify and discuss the
modifications and alternatives proposed and the ways in which the
plan will better accomplish the purpose of this Section than a plan
which complies with the standards of this Section.
(2) Review criteria. In approving an alternative plan,the decision maker
shall find that the proposed alternative plan accomplishes the
purposes of this Section equally or better than a plan which complies
with the standards of this Section.
In reviewing the proposed alternative plan,the decision maker shall
take into account whether the alternative design enhances
neighborhood continuity and connectivity, fosters non-vehicular
access, and preserves existing natural or topographic conditions on
the site.
Section 16. That Section 3.2.4(E) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(E) Alternative Compliance. Upon request by an applicant,the decision maker
may approve an alternative lighting plan that may be substituted in whole or
in part for a plan meeting the standards of this Section.
(1) Procedure. Alternative compliance lighting plans shall be prepared
and submitted in accordance with submittal requirements for lighting
plans as set forth in this Section. The plan shall clearly identify and
discuss the modifications and alternatives proposed and the ways in
which the plan will better accomplish the purpose of this Section than
would a plan which complies with the standards of this Section.
(2) Review criteria. To approve an alternative plan, the decision maker
must first find that the proposed alternative plan accomplishes the
purposes of this Section equally well or better than would a lighting
plan which complies with the standards of this Section.
In reviewing the proposed alternative plan, the decision maker shall
consider the extent to which the proposed design protects natural
areas from light intrusion, enhances neighborhood continuity and
connectivity, fosters non-vehicular access, and demonstrates
innovative design and use of fixtures or other elements.
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Section 17. That Section 3.3.2(C)(7)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(7) Utilities (including, without limitation, communications, electric power, gas,
water, sewer). Except as hereafter provided, all new and existing utility
facilities needed to serve the development shall be installed underground,
and, if located in a street or alley, shall be in place prior to the completion of
street or alley surfacing.To the extent feasible,the undergrounding of utilities
shall be planned, coordinated and installed in an orderly fashion from
deepest to shallowest. Aboveground facilities necessarily appurtenant to
underground facilities shall be permitted. New or existing overhead utility
facilities that are electric transmission lines above forty (40) kilovolts
nominal or are temporary in nature for the purpose of servicing construction
or lands not developed to urban qualifications shall be permitted. Existing
overhead utility facilities shall be permitted that:
Section 18. That Section 3.3.2(D)(1)(c)of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(c) Streets and alleys. All streets shall be paved with curbs and gutters
installed in accordance with the approved utility plans. All alleys,
where permitted, shall be paved. In cases where a previously existing
street which has not been brought up to city specifications is located
within a subdivision,such street shall be paved with curbs and gutters
installed in order to meet city specifications. All streets existing
within ownership of the lands which make up any subdivision shall
be shown on the subdivision plat. If any subdivision is located
adjacent to any existing street right-of-way, the applicant shall
improve local streets to the full width and collector and arterial streets
to one-half-width except as is otherwise provided hereinbelow, with
pavement, curb, gutter, sidewalk and any other required street
improvements as necessary to bring such street up to city
specifications.Notwithstanding the foregoing,collector and arterial
streets shall be constructed to such specifications as shall be
necessary in the judgment of the Director of Engineering based upon
traffic safety considerations,and taking into account the traffic impact
of the development upon such arterial or collector street. No such
arterial street shall be constructed to a width of less than thirty-six
(36) feet.
Section 19. That Section 3.3.2(F)(2)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
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(2) If an off-site street is improved to a width in excess of thirty-six (36)
feet, and provided that such excess width is not required because of
the traffic impacts of the development, the Director of Engineering
shall compute the extra expense caused by such street being improved
to such excess width. Such extra expense shall be paid by the city out
of the Street Oversizing Fund. The city's obligations to participate in
such costs shall be limited to those funds budgeted and appropriated
for the payment requested. The participation of the city shall be
limited to the costs of design, construction and right-of-way
acquisition as limited pursuant to Section 24-121 of the City Code
and costs of curbs, gutters or sidewalks exceeding local standards.
Section 20. That the title of Section 3.4 of the Land Use Code of the City of Fort Collins
be amended to read"Environmental,Natural Area, Recreational and Cultural Resource Protection
Standards", and that the table of contents be amended accordingly.
Section 21. That Section 3.4 of the Land Use Code of the City of Fort Collins be amended
by addition of a new subsection 3.4.8,to read in its entirety as follows:
3.4.8 Parks and Trails
(A) Establishment of Parks and Recreation Policy Plan Master Plan.
In order to accomplish the purposes of this Land Use Code, the
location, size and characteristics of parks and trails have been
established on a plan entitled "City of Fort Collins Parks and
Recreation Policy Plan Master Plan" dated December 1996, as
amended,which plan is hereby made a part of this Land Use Code by
reference. The Parks and Recreation Policy Plan Master Plan is on
file with the City Clerk.
(B) Compliance with Parks and Recreation Policy Plan Master Plan.
All development plans shall provide for or accommodate the parks
and trails identified in the Parks and Recreation Policy Plan Master
Plan that are associated with the development plan.
Section 22. That Section 3.5.2(C)(1)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(1) Orientation to a Connecting Walkway. Every front facade
with a primary entrance to a dwelling unit shall face the
adjacent street to the maximum extent practicable. Every
front facade with a primary entrance to a dwelling unit shall
face a connecting walkway with no primary entrance more
than 200 feet from a street sidewalk.
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Section 23. That Section 3.5.2(E)(4)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(4) Garage doors shall not comprise more than 50% of the
ground floor street-facing linear building frontage. Alleys and
comer lots are exempt from this standard.
Section 24. That Section 3.5.3(B)(2)(d)4.of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(4) In the case of Large Retail Establishments, Supermarkets, or other
anchor-tenant buildings that face internal connecting walkways with
pedestrian frontage in a development that includes additional outlying
buildings adjacent to the street(s).
Section 25. That Section 3.6.1(A) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(A) Establishment of Master Street Plan. In order to accomplish the purposes
of this Land Use Code,the location and ultimate functional classification of
necessary arterial and collector streets and other transportation facilities have
been established on a map entitled "City of Fort Collins Master Street Plan,"
dated August 20, 1996,as amended,which map is hereby made a part of this
Land Use Code by reference. The Master Street Plan is on file with the City
Clerk and the Director of Engineering.
Section 26. That Section 3.6.2(E) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(E) Lots adjacent to an arterial street shall have a minimum depth of one hundred
fifty(150)feet.
(1) Alternative Compliance. Upon request by the applicant,the decision
maker may approve an alternative lot plan that does not meet the
standard of this subsection (E) if the alternative lot plan includes
additional buffering or screening that will, in the judgment of the
decision maker, protect such lots from the noise, light and other
potential negative impacts of the arterial street as well as, or better
than,a plan which complies with the standard of this Subsection(E).
(2) Procedure. Alternative lot plans shall be prepared and submitted in
accordance with the submittal requirements for streets, streetscapes,
alleys and easements as set forth in this Section and landscape plans
as set forth in Section 3.2.1. The alternative lot plan shall clearly
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identify and discuss the modifications and alternatives proposed and
the ways in which the plan will equally well or better accomplish the
purpose of this Subsection (E) than would a plan which complies
with the standards of this Subsection(E).
(3) Review Criteria. To approve an alterative lot plan, the decision
maker must first find that the proposed alternative plan accomplishes
the purpose of this Subsection(E)as well as,or better than,a lot plan
which complies with the standard of this Subsection. In reviewing
the proposed alternative plan, the decision maker shall take into
account whether the lot plan provides screening and protection of the
lots adjacent to the arterial street from noise,light and other negative
impacts of the arterial street equally well or better than a plan which
complies with the standard of this Subsection(E).
Section 27. That Section 3.6.3(G) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(G) Gated Developments. Gated street entryways into residential developments
shall be prohibited.
Section 28. That Section 3.6.3 H of the Land Use Code of the City of Fort Collins be
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amended to read as follows:
(H) Alternative Compliance. Upon request by an applicant,the decision maker
may approve an alternative development plan that may be substituted in
whole or in part for a plan meeting the standards of this Section.
(1) Procedure. Alternative compliance development plans shall be
prepared and submitted in accordance with submittal requirements for
plans as set forth in this Section. The plan and design shall clearly
identify and discuss the modifications and alternatives proposed and
the ways in which the plan will better accomplish the purpose of this
Section than would a plan which complies with the standards of this
Section.
(2) Review criteria. To approve an alternative plan,the decision maker
must first find that the proposed alternative plan accomplishes the
purposes of this Division equally well or better than would a plan and
design which complies with the standards of this Division, and that
any reduction in access and circulation for vehicles maintains
facilities for bicycle, pedestrian and transit, to the maximum extent
feasible.
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In reviewing the proposed alternative plan,the decision maker shall
take into account whether the alternative design minimizes the
impacts on natural areas and features, fosters non-vehicular access,
provides for distribution of the development's traffic without
exceeding level of service standards, enhances neighborhood
continuity and connectivity and provides direct, sub-arterial street
access to any parks, schools,neighborhood centers,commercial uses,
employment uses,and Neighborhood Commercial Districts within or
adjacent to the development from existing or future adjacent
development within the same section mile.
Section 29. That Section 3.6.6(C) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(C) Building Placement
All portions of the exterior wall of the first story of any structure(s)must be
located within one hundred fifty (150) feet of a public street(except major
arterial streets)or an approved fire access road in which fire apparatus can be
maneuvered.
Section 30. That Section 3.6.6(D) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(D) Fire Access Roads.
(1) Fire access roads may be public streets (except arterial streets) and
alleys,parking lots,private streets, or similar vehicular access roads.
Driveways serving detached,individual dwelling units need not meet
fire access road criteria if they do not exceed one hundred(100) feet
in length.
(2) The minimum unobstructed width of a fire access road shall be
twenty(20)feet,except that upon the written authorization of the fire
chief, sixteen(16) feet may be approved for residential local streets
provided that such streets comply with all other applicable
requirements contained in the Fire Code.
(3) The minimum unobstructed width shall be thirty(30) feet for access
roads serving buildings three stories or more in height on at least one
(1)side of the building. The building height shall be measured from
the access road grade.
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Section 31. That Section 3.6.6(I) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(I) Dead-end Length. Any fire access road that serves structures beyond 660
feet from a single point of access shall be provided with an approved
connection to another public street.
Section 32. That Section 3.7.2(A)(1)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(1) Degree of Contiguity. At least one-sixth (1/6) of the proposed
development's boundaries is contiguous to existing urban
development within either the city or unincorporated Larimer County
within the Urban Growth Area. If the development is a phase of an
Overall Development Plan which complies with the contiguity
requirement of this section,and if all portions of the phase are within
one-half ('/z) mile of existing urban development, then the
development phase need not comply with such requirement. For
purposes of this Section, contiguity shall not be affected by the
existence of a platted street or alley, a public or private right of way,
a public or private transportation right of way or area,publicly owned
open space, or a lake, reservoir, stream, or other natural or artificial
waterway between the proposed development and existing urban
development.
Section 33. That Section 3.7.2(C)(3)of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(3) produce special benefits to the city in terms of long-term economic
development opportunity in accordance with City Plan, or
Section 34. That Section 3.7.3(E)(1)(d)of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(d) For fire and emergency services,at a minimum,the city shall
require that, at the time of issuance of any building permit
issued pursuant to a site-specific development plan, all
necessary facilities and services, as described in Section
(D)(5) above, are in place and available to serve the site
within the new development where the building is to be
constructed in accordance with the Fire Code and the
development agreement.
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Section 35. That Section 3.8.11(A) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(A) Fencing and Walls. Fencing and walls used for screening or landscaping
purposes shall meet the following standards:
Section 36. That Section 3.8.12(B) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(B) Adult oriented uses shall not be established, operated or maintained within
one thousand (1000) feet of the boundary of any residential zone district
(whether within or beyond the City's jurisdictional boundary), any structure
occupied for residential purposes, any public park or playground, any child
care center,any outdoor recreation facility,any limited indoor recreation use,
any place of worship or assembly,any school meeting all of the requirements
of the compulsory education laws of the State and/or any other adult oriented
use. An adult oriented use lawfully operating as a conforming use shall not
be rendered a nonconforming use by the subsequent location of a residential
district or residential use, public park or playground, child care center,
outdoor recreation facility, limited indoor recreation use,place of worship or
assembly, or school within one thousand (1000) feet of said adult oriented
use.
Section 37. That Section 3.8.18 of the Land Use Code of the City of Fort Collins be
amended to read as follows:
3.8.18 Residential Density Calculations
(A) Calculation of the gross residential density shall be performed
(and included on the development plan) in the following
manner:
(1) Determining the gross acreage. The gross acreage of
all the land within the boundaries of the development shall be
included in the density calculation except:
(a) land previously dedicated, purchased or
acquired for any public use; and
(b) land devoted to non-residential uses such as
commercial, office, industrial, or civic uses.
(2) The foregoing gross acreage calculation shall be
shown in a table format on the development plan and
15
shall form the basis for calculating the gross
residential density.
(3) The total number of dwelling units shall be divided by
the gross residential acreage. The resulting gross
density shall also be shown in a table format on the
development plan.
(B) Calculation of the net residential density shall be performed
(and included on the development plan) in the following
manner:
(1) Determining the net residential acreage. The net
residential acreage shall be calculated by subtracting the following
from the gross acreage, as determined in subsection(A) above:
(a) land to be dedicated for arterial streets;
(b) land containing natural areas or features that
are to be protected from development and
disturbance in accordance with the
requirements of Section 3.4.1, "Natural Areas
and Features';
(c) land set aside from development due to a
geologic hazard in accordance with the
requirements of Section 3.3.4,"Hazards";
(d) land containing outdoor spaces that are to be
dedicated to the public or deeded to the
homeowner's association and preserved for a
park or central green,but only if the total area
of land does not exceed twenty-five (25)
percent of the gross acreage of the project
development plan and the outdoor space meets
the following criteria:
1. At least thirty-five (35)percent of the
boundary of the outdoor space is
formed by non-arterial, public streets,
and the rear facades and rear yards of
houses abut not more than two sides or
more than fifty (50) percent of the
16
boundary frontage of the outdoor
space.
2. At a minimum, the outdoor space
consists of maintained turf. In
addition, such outdoor spaces may
include features such as: buildings
containing recreation or meeting
rooms,playgrounds,plazas,pavilions,
picnic tables, benches, orchards,
walkways or other similar features.
3. The outdoor space is no less than ten
thousand(10,000) square feet in area.
4. The outdoor space does not consist of
a greenbelt or linear strip but has a
minimum dimension of fifty(50)feet
in all directions in any non-rectangular
area, or seventy five (75) feet in any
rectangular area.
5. The outdoor space is located and
designed to allow direct, safe and
convenient access to the residents of
surrounding blocks.
6. Storm drainage functions that are
integrated into outdoor spaces allow
adequate space for active recreation
purposes and do not result in slopes or
gradients that conflict with active
recreation. Stormwater retention areas
(which have no outlet) shall not be
allowed. No more than ten (10)
percent of an outdoor space shall
consist of gradients greater than four
(4) percent.
(e) land dedicated to public alleys.
(f) land dedicated to pedestriantbicycle path
connections when required pursuant to
subsection 3.2.2(C)(6) or subsection
17
M
4.4(E)(1)(b),or when provided voluntarily by
the applicant to connect cul-de-sacs to nearby
streets,provided that such connections do not
exceed two hundred fifty (250) feet in length.
(g) land dedicated to landscaped traffic circles,
squares, islands and boulevard strips
separating the travel lanes of collector,
connector or local streets,provided that such
features have the following minimum width
dimensions:
1. boulevard strips: twenty five (25) feet
at any point.
2. traffic circles,squares,or islands: forty
(40) feet at any point.
(2) The foregoing net acreage calculation shall be shown
in a table format on the development plan and shall
form the basis for calculating the net residential
density.
(3) The total number of dwelling units shall be divided by the net
residential acreage. The resulting density shall also be shown
in a table format on the development plan.
Section 38. That Section 4.3(D)(2) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(2) Dimensional Standards.
(a) Minimum lot width shall be sixty(60)feet for a single-family
dwelling or child-care center and one hundred (100) feet for
all other uses.
(b) Minimum setback of the front yard shall be twenty (20) feet.
(c) Minimum setback of the rear yard shall be fifteen (15) feet,
except that the minimum setback of alley-accessed garages
shall be six (6)feet.
(d) For residential uses, the minimum side yard width shall be
fifteen(15) feet on the street side of any comer lot and five
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(5) feet for all interior side yards. For all other uses, the
minimum side yard width shall be the equivalent of one (1)
foot for each three (3) feet or fraction thereof of building
height, provided that for school or church uses no side yard
shall be less than twenty-five (25)feet wide.
(e) Maximum building height shall be twenty-eight(28) feet for
a single family dwelling,accessory building, group home, or
child-care center and three (3) stories for all other uses.
Section 39. That a new subparagraph 5. be added to Section 4.4(B)(2)(c)of the Land Use
Code of the City of Fort Collins to read as follows:
5. offices, financial services and clinics containing less
than five thousand (5,000) square feet of gross floor
area,provided they are part of a neighborhood center
and are combined with at least one(1)other use listed
in subparagraph (13)(3)(c)below.
Section 40. That Section 4.4(B)(3)(c)4 of the Land Use Code of the City of Fort Collins
be amended to read as follows:
4. offices, financial services, and clinics containing five
thousand (5,000) or more square feet of gross floor
area and/or which are not part of a neighborhood
center.
Section 41. That Section 4.4(D)(1) of the Land Use Code of the City of Fort Collins be
amended to read as follows:
(1) Density
(a) Residential developments in the Low Density Mixed-Use
Neighborhood District shall have an overall minimum
average density of five (5) dwelling units per net acre of
residential land, except that residential developments
(whether overall development plans or project development
plans)containing twenty (20) acres or less and located in the
area identified on Figure 22 as"infill area"need not comply
with the requirement of this subparagraph(a).
(b) The maximum density of any development plan taken as a
whole shall be eight (8) dwelling units per gross acre of
residential land.
19
(c) The maximum density of any phase in a multiple-phase
development plan shall be twelve (12) dwelling units per
gross acre of residential land.
Section 42. That Section 4.4(D)(3)(c) of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(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 and
business service shops;standard and fast food restaurants;and
artisan and photography studios and 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.
Section 43. That a new subsection(i)be added to Section 4.4(E)(2)of the Land Use Code
of the City of Fort Collins be amended to read as follows:
(i) Drive-in uses shall be prohibited.
Section 44. That a new subsection 3. be added to Section 4.8(B)(1)(c) of the Land Use
Code of the City of Fort Collins to read as follows:
3. Bed and breakfast establishments.
Section 45. That the chart shown in Section 4.12(D)(2)of the Land Use Code of the City
of Fort Collins be amended to read as follows:
Minimum Lot Size None None None
Minimum Lot Width None 40 feet 40 feet
Maximum building 100% 75% 75%
coverage
Maximum FAR' 2 5 5
Maximum front yard 0 15 feet 15 feet
setback
20
wv
Maximum rear yard 0 15 feet 15 feet
setback
Maximum building 4 stories not to exceed 12 stories not to exceed 12 stories not to
height 56 feet 168 feet exceed 168 feet
" Any floor of a building dedicated exclusively to residential use or uses accessory to those residential uses are not
included in the total of the floor area ratio. These are"free floors".
Section 46. That Section 4.14(B)(3)(c)3 of the Land Use Code of the City of Fort Collins
be amended to read as follows:
3. Vehicle minor repair, servicing and maintenance
establishments (indoor).
Section 47. That Section 4.17(B)(2)(c)l 1. of the Land Use Code of the City of Fort
Collins be amended to read as follows:
11. Vehicle minor repair, servicing and maintenance
establishments.
Section 48. That Section 4.18(B)(2)(c)12 of the Land Use Code of the City of Fort Collins
be amended to read as follows:
12. Vehicle minor repair, servicing and maintenance
establishments.
Section 49. That Section 4.19(B)(2)(c)12 of the Land Use Code of the City of Fort Collins
be amended to read as follows:
12. Vehicle minor repair, servicing and maintenance
establishments (indoor).
Section 50. That Sections 4.20(B)(1)(c)1 and 2 of the Land Use Code of the City of Fort
Collins be amended to read as follows:
1. Vehicle minor repair, servicing and maintenance
establishments.
2. Vehicle major repair, servicing and maintenance
establishments.
Section 51. That Sections 4.23(B)(2)(b) 5 and 6 of the Land Use Code of the City of Fort
Collins be amended to read as follows:
21
5. Vehicle minor repair, servicing and maintenance
establishments.
6. Vehicle major repair, servicing and maintenance
establishments.
Section 52. That Section 4.23(E)(1)(a)of the Land Use Code of the City of Fort Collins
be amended to read as follows:
(a) Orientation. Along arterial streets and any other streets that
directly connect to other districts,buildings shall be sited so
that a building face abuts upon the required minimum
landscaped yard for at least thirty(30)percent of the building
frontage. Such a building face shall not consist of a blank
wall.
Section 53. That Sections 4.23(E)(2)(a)2,3 and 4 of the Land Use Code of the City of Fort
Collins be amended to read as follows:
2. A thirty (30) foot deep landscaped yard shall be
provided along all arterial streets, and along any
district boundary line that does not adjoin a residential
land use. If a district boundary line abuts upon or is
within a street right of way, then the required
landscaped yard shall commence at the street right of
way line on the district side of the street, rather than
at the district boundary line.
3. An eighty (80) feet deep landscaped yard shall be
provided along any boundary line that adjoins a
residential land use or a zone district(whether within
or beyond the City's jurisdictional boundary) that is
predominately characterized by residential uses as
permitted uses. This residential buffer yard may be
reduced to thirty (30) feet if the adjoining residential
land use or zone district (whether within or beyond
the City's jurisdictional boundary) is separated by a
public street.
Section 54. That the following definitions of Article 5 of the Land Use Code of the City
of Fort Collins be added, deleted, or amended to read as follows:
22
Affordable housing project shall mean a development project in which: (1) at least
seventy-five percent(75%) of the gross acreage to be developed under the plan is to
be developed as residential dwelling units or mobile home park spaces; (2) thirty
percent (30%) of said dwelling units or spaces (the "affordable units") are to be
available for rent or purchase on the terms described in Section 5-357 of the City
Code; and(3)the construction of the dwelling units or spaces is to occur as part of
the initial phase of the project and(i)prior to the construction of the market rate units
or(ii)on a proportional basis,according to the same ratio as the number of affordable
units bears to the number of the market rate units.
Density shall mean the overall average number of dwelling units located on the gross
or net residential acreage (as applicable) contained within the development and
calculated on a per acre basis.
Height shall mean the distance above a given level. Depending upon the context,
height may be measured according to any of several methods,as described in Section
3.8.17.
Local street shall mean a street which is anticipated to carry under two thousand five
hundred (2,500) vehicle trips per day in traffic volume at desirable speeds of up to
twenty-five(25)miles per hour,and which provides access to abutting property and
primarily serves local traffic.
Open air farmers market shall mean an occasional or periodic market held in an open
area or in a structure where groups of individual sellers offer for sale to the public
such items as fresh produce, seasonal fruits,fresh flowers, arts and crafts items, and
food and beverages (but not to include second-hand goods) dispensed from booths
located on-site.
Pedestrian-oriented development shall mean development which is designed with a
primary emphasis on the street sidewalk and/or connecting walkway access to the site
and building, rather than on auto access and parking lots. In pedestrian-oriented
developments,buildings are typically placed relatively close to the street and the main
entrance is oriented to the street sidewalk or a walkway. Although parking areas and
garages may be provided, they are not given primary emphasis in the design of the
site.
Pedestrian scale (human scale) shall mean the proportional relationship between the
dimensions of a building or building element, street, outdoor space, or streetscape
element and the average dimensions of the human body, taking into account the
perceptions and walking speed of a typical pedestrian.
23
Street shall mean a public way (whether publicly or privately owned) used or
intended to be used for carrying vehicular,bicycle and/or pedestrian traffic and shall
include the entire area within the public right-of-way.
Section 55. That Sections 4.1(B)(2)(c)and 4.1(B)(3)(e)of the Land Use Code of the City
of Fort Collins be amended to read as follows:
(2) The following uses are permitted in the U-E District, subject to
administrative review:
(c) Accessory/Miscellaneous Uses:
1. Farm animals.
(3) The following uses are permitted in the U-E District, subject to Planning and
Zoning Board review:
(e) Accessory/Miscellaneous Uses:
1. Accessory buildings containing more than two
thousand five hundred (2,500) square feet or
floor area.
2. Wireless telecommunication equipment.
Section 56. That Section 4.2(B)(2)(b) of the Land Use Code of the City of Fort Collins
be amended, and Section 4.2(B)(3) of the Land Use Code of the City of Fort Collins be amended
by the addition of a new subsection(c),to read as follows:
(2) The following uses are permitted in the R-F District,subject to administrative
review:
(b) Accessory/Miscellaneous Uses:
1. Farm animals.
(3) The following uses are permitted in the R-F District,subject to review by the
Planning and Zoning Board:
(c) Accessory/Miscellaneous Uses:
1. Wireless telecommunications equipment.
24
Section 57. That Sections 4.3(B)(2)(c)be repealed and reenacted as 4.3(B)(3)(d) of the
Land Use Code of the City of Fort Collins to read as follows:
(2) The following uses are permitted in the R-L District,subject to administrative
review:
(a) Residential Uses:
1. Single family detached dwellings.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation, and other open lands.
2. Public facilities.
3. Places of worship or assembly.
The following uses are permitted in the R-L District, subject to review b the
(3) g pemu J Y
Planning and Zoning Board:
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
Section 58. That Sections 4.4(B)(2)(d) be repealed and reenacted as 4.4(B)(3)(e) of the
Land Use Code of the City of Fort Collins to read as follows:
(2) The following uses are permitted in the L-M-N District, subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Multi-family dwellings(limited to six or less
units per building).
5. Group homes for up to eight (8)
developmentally disabled or elderly persons.
25
% •
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools for college,
university,vocational and technical education
provided they are located within three hundred
(300) feet of East Vine Drive.
3. Public facilities.
4. Parks, recreation and other open lands.
5. Cemeteries.
6. Community facilities.
7. Neighborhood support/recreational facilities.
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments with six or fewer
beds.
2. Child care centers.
3. Retail stores with less than five thousand (5,000)
square feet of gross floor area, provided they are part
of a neighborhood center and are combined with at
least one(1)other use listed in subparagraph(D)(3)(c)
below.
4. Personal and business service shops provided they are
part of a neighborhood center and are combined with
at least one (1) other use listed in subparagraph
(D)(3)(c) below.
5. Offices, financial services and clinics containing less
than five thousand (5,000) square feet of gross floor
area,provided they are part of a neighborhood center
and are combined with at least one(1)other use listed
in subparagraph(D)(3)(c) below.
26
,,
(3) The following uses are permitted in the L-M-N District, subject to Planning
and Zoning Board review:
(e) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
Section 59. That Section 4.5(B)(2)(d) of the Land Use Code of the City of Fort Collins
be amended, and Section 4.5(B)(3)of the Land Use Code of the City of Fort Collins be amended by
the addition of a new subsection(d),to read as follows:
(2) The following uses are permitted in the M-M-N District, subject to
administrative review:
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings containing more than six
hundred fifty(650) square feet of floor area.
(3) The following uses are permitted in the M-M-N District, subject to Planning
and Zoning Board review:
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
Section 60. That Section 4.6(B)(2)(c) be repealed and reenacted as Section 4.6(B)(3)(c)
of the Land Use Code of the City of Fort Collins, to read as follows:
(2) The following uses shall be permitted in the N-C-L District, subject to
administrative review:
(a) Residential Uses:
1. Single family detached dwellings.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands.
(3) The following uses are permitted within the N-C-L District,subject to review
by the Planning and Zoning Board.
(c) Accessory/Miscellaneous Uses:
27
1. Wireless telecommunication equipment.
Section 61. That Section 4.7(B)(2)(c)be repealed and reenacted as Section 4.7(B)(3)(c)
of the Land Use Code of the City of Fort Collins,to read as follows:
(2) The following uses are permitted in the N-C-M District, subject to
administrative review:
(a) Residential Uses:
1. Single family detached dwellings.
2. Multifamily dwellings up to four(4)units per building,provided that
no structural additions or exterior alterations are made to the existing
building,or the dwellings are constructed on a vacant lot or a parcel
which did not contain a structure on October 25, 1991.
3. Group homes.
(b) Institutional/Civic/Public Uses:
1. Community facilities.
2. Parks,recreation and other open lands.
(3) The following uses are permitted in the N-C-M District, subject to Planning
and Zoning Board review:
(c) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
Section 62. That Section 4.8(B)(2)(d)be repealed and reenacted as Section 4.8(B)(3)(d)
of the Land Use Code of the City of Fort Collins, to read as follows:
(2) The following uses are permitted in the N-C-B District, subject to
administrative review:
28
,i .• yfr
(a) Residential Uses:
1. Single family detached dwellings.
2. Multifamily dwellings up to four (4) units which
propose structural additions or exterior alterations to
the existing building, or the dwellings are to be
constructed on a lot or parcel which contained a
structure on October 25, 1991.
3. Multi-family dwellings containing more than four(4)
dwelling units per building at a density of up to
twenty-four(24) dwelling units per acre.
(b) Institutional/Civic/Public Uses:
1. Community facilities.
2. Parks,recreation and other open lands.
(c) Commercial/Retail Uses:
I. Parking lots and parking garages.
(3) The following uses are permitted, subject to Planning and Zoning Board review:
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
Section 63. That Section 4.11(B)(2)(c)of the Land Use Code of the City of Fort Collins
be amended,and Section 4.11(B)(3) of the Land Use Code of the City of Fort Collins be amended
by the addition of a new subsection(d),to read as follows:
(2) The following uses are permitted in the R-C District subject to
administrative review:
(c) Accessory/Miscellaneous Uses:
1. Farm animals.
2. Agricultural activities.
29
(3) The following land uses are permitted in the R-C District subject to review
by the Planning and Zoning Board:
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
2. Wireless telecommunication facilities.
Introduced,considered favorably on first reading, and ordered published in summary form
this 15th day of July,A.D. 1997,and to be presented for final passage on the 5th day of August,A.D.
1997.
Mayor Pro Tern
ATTES" :
City Clerk
Passed and adopted on final reading this 5th day of August, A.D. 1997.
Mayor Pro TOM
ATTEST:
City Clerk
30