HomeMy WebLinkAbout070 - 07/05/2005 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 070, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a dynamic document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
Land Use Code and have made recommendations to the Council regarding such issues;
and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That Section 2.2.7(C) of the Land Use Code is hereby amended to
read as follows:
(C) Order of Proceedings at Public Hearing. The order of the
proceedings at the public hearing shall be as follows:
(1) Staff Report Presented. The Director shall present a
narrative and/or graphic description of the development
application. The Director shall present a Staff Report
which includes a written recommendation. This
recommendation shall address each standard required to be
considered by this Land Use Code prior to approval of the
development application.
(2) Applicant Presentation. The applicant shall present any
relevant information the applicant deems appropriate.
Copies of all writings or other exhibits that the applicant
wishes the decision maker to consider must be submitted to
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the Director no less than five (5) working days before the
public hearing.
(3) Staff Response to Applicant Presentation. The Director, the
City Attorney and any other City staff member may
respond to any statement made or evidence presented by
the applicant.
(4) Public Testimony. Relevant public testimony shall be
heard.
(5) Applicant Response. The applicant may respond to any
testimony or evidence presented by the public.
(6) Staff Response to Public Testimony or Applicant Response.
The Director, the City Attorney and any other City staff
member may respond to any statement made or evidence
presented by the public testimony or by the applicant's
response to any such public testimony.
Section 2. That Section 2.8.2(G) of the Land Use Code is hereby amended to
read as follows:
(G) Step 7(A) (Decision Maker): Applicable, and in explanation
thereof and in addition thereto, if an application for a modification
of standards pertains to a development plan which is subject to
administrative review, the Director shall be the designated decision
maker, except that, at the option of the applicant, the application
may be considered by the Planning and Zoning Board; and if an
application for a modification of standards pertains to a
development plan which is subject to Planning and Zoning Board
review, the Planning and Zoning Board shall be the designated
decision maker. If the application is for a modification of
standards pertaining to a development plan previously approved
under prior law or not yet filed, the Director shall determine
whether such development plan would have been, or will be,
subject to administrative review or Planning and Zoning Board
review and shall identify the decision maker accordingly. In all
cases, the decision maker 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 8.
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Section 3. That Section 2.8.2(K) of the Land Use Code is hereby amended to
read as follows:
(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 2.8.1 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 2.8.1 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.
Section 4. That Section 2.12.4 of the Land Use Code is hereby amended to
read as follows:
2.12.4 Annexation of Uses Not Legally Permitted
Except as is provided below, any use that exists on a separately owned
parcel outside the city and that is not legally permitted by the county must
cease and be discontinued before the City Council adopts, on second
reading, an annexation ordinance annexing any such property except as
provided herein. In the event that a property containing a use that is not
legal pursuant to county regulations is proposed to be annexed into the city
and placed into a zone district wherein such use is a permitted use, said
use must be reviewed and processed as set forth in Article 4 (i.e., Type 1
review or Type 2 review) for the zone district in which the land is
proposed to be located, and shall comply with the applicable standards
contained in Articles 3 and 4. A development application for such review
must be filed with the city within sixty (60) days following the date of
second reading of the annexation ordinance. Such use shall be temporarily
permitted for a period not to exceed six (6) months following the date of
second reading of the annexation ordinance. In the event that the
development application is not approved within said six-month period,
then the use shall be discontinued within thirty (30) days following the
date of the decision of denial or expiration of said six-month period,
whichever first occurs, except that the Director may grant one (1)
extension of the foregoing six-month requirement, which extension may
not exceed three (3) months in length. In the event that the development
application is approved, then such use shall be brought into full
compliance with this Land Use Code and the decision made thereunder by
the decision maker within sixty (60) days following the date of the
decision.
In the event that a use which is not permitted by the county exists on any
property that is included in an enclave annexation consisting of more than
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one (1) separately owned parcel, the above-described development process
shall apply only if such property is placed in a zone district wherein such
use is a permitted use. If a property which contains a use that is not
permitted by the county is included in such multi-parcel enclave
annexation, and such property is placed in a zone district that does not
allow the use within the city, such illegal use must be discontinued within
two (2) years from the date of the second reading of the annexation
ordinance, or if such illegal use is the subject of a county initiated zoning
or nuisance enforcement action, then within the time established as a result
of such enforcement action, whichever occurs first.
Section 5. That Section 3.2.2(K)(5)(d) of the Land Use Code is hereby
amended to read as follows:
(d) Each parking lot shall contain at least the minimum
specified number of handicap spaces as provided in
the table below. Regardless of the number of
handicap spaces required, at least one (1) such
space shall be designated as a van accessible space,
and must be a minimum of eight (8) feet wide and
adjoin a minimum eight-foot-wide access aisle.
Section 6. That Section 3.3.3(A) of the Land Use Code are hereby amended
to read as follows:
(4) all measures proposed to eliminate, mitigate or control
water hazards related to flooding or drainageways have
been approved by the Water Utilities General Manager.
Section 7. That Section 3.5.1(G)(1)(c) of the Land Use Code is hereby
amended to read as follows:
(c) Modification of Height Limits. To provide
flexibility in meeting the height limits contained in
Article 4 of this Land Use Code, such height limits
can be either increased or decreased by the decision
maker in the development review process for the
following purposes:
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Section 8. That Section 3.5.2(B) of the Land Use Code is hereby amended by
the addition of a new subparagraph (4) which reads in its entirety as follows:
(4) The enforcement procedure for this standard shall be in
accordance with Section 3.8.15.
Section 9. That Section 3.8.3(11) of the Land Use Code is hereby amended to
read as follows:
(11) A home occupation shall be permitted only after the owner
or inhabitant of the dwelling in which such occupation is
conducted has obtained a home occupation license from the
city. The fee for such a license shall be the fee established
in the Development Review Fee Schedule, and the term of
such license shall be two (2) years. At the end of such
term, the license may be issued again upon the submission
and review of a new application and the payment of an
additional fee. If the city is conducting an investigation of
a violation of this Code with respect to the particular home
occupation at the time such renewal application is made,
the license will not be reissued until the investigation is
completed, and if necessary, all violations have been
corrected. The term of the previous license shall continue
during the period of investigation.
Section 10. That Section 3.8.8 of the Land Use Code is hereby amended to
read as follows:
(A) Area and Width. No part of an area or dimension required for a
lot to comply with the provisions of this Land Use Code shall be
included as an area or dimension required for another lot, nor shall
such required area or dimension be burdened by any easement for
an abutting private street or private drive that provides access to
the lot or to any other lot. Private driveways on the lot may be
included in the lot area. Where a minimum lot area square footage
is otherwise required by this Land Use Code, said minimum lot
area shall be required for each principal building located on any
one (1) lot.
Section 11. That Section 3.8.17(A)(2) of the Land Use Code is hereby
amended by the addition of a new subparagraph (c) which reads in its entirety as follows:
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(c) A maximum vertical height of twelve(12) feet eight
(8) inches shall be permitted for each residential
story. This maximum vertical height shall apply
only in the following zone districts: U-E; R-F; R-L;
L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-
C-N; N-C; and H-C.
Section 12. That Section 3.8.27(F) of the Land Use Code is hereby amended to
read as follows:
(F) Access. Vehicular access to the reception center shall be only
directly from an arterial street so as to not add traffic to existing
local neighborhood streets.
Section 13. That Section 4.1(E)(2)(d) of the Land Use Code is hereby amended
to read as follows:
(d) Building envelopes shall be identified on the cluster
development, and the residential building setbacks,
lot width and lot size shall conform to Section
3.5.2(D). The maximum residential building height
shall be two and one-half(2.5) stories.
Section 14. That Section 4.20(B)(2) of the Land Use Code shall be amended
by the addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Industrial Uses:
1. Outdoor storage facilities consisting only of the
storage of vehicles which are towed to the premises
and temporarily stored until such vehicles are
claimed by the vehicle owners or moved to an
auction or junk yard or other similar disposal site,
provided that such faciltities are located at least
thirty-five (35) feet from the flow line of all
abutting arterial streets.
Section 15. That the definition 'Lot size" contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Lot size shall mean the amount of horizontal (plan view) land area within lot lines.
(See Sectioin 3.8.8)
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Section 16. That the definition "Native vegetation" contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Native vegetation shall mean any plant identified in Fort Collins Native Plants:
Plant Characteristics and Wildlife Value of Commercial Species, prepared by the
city's Natural Resources Department, updated February 2003.
Section 17. That the definition "Natural area" contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Natural area shall mean all areas shown as "natural areas" on the city's Parks &
Natural Areas Map or the Natural Habitats and Features Inventory Map. Any
land that qualifies as a "wetland" pursuant to the Federal Clean Water Act shall
also be deemed a natural area, in addition to the areas designated as wetlands on
the city's Natural Habitats and Features Inventory Map. Any land area that
possesses such characteristics as would have supported its inclusion on the
Natural Habitats and Features Inventory Map, if such area is discovered during
site evaluation and/or reconnaissance associated with the development review
process, shall also be deemed a natural area as provided in Section 3.4.1(C)(1)(a).
Section 18. That the definition "Natural features" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Natural features shall mean (a) natural springs, (b) areas of topography which,
because of their steepness, erosion characteristics/geologic formations, high
visibility from off-site locations and/or presence of rock outcroppings, and (c)
view corridors which present vistas to mountains and foothills, water bodies, open
spaces and other regions of principal environmental importance, provided that
such natural features are either identified on the city's Natural Habitats and
Features Inventory Map, or otherwise meet the definition of natural area as
contained in this Article.
Section 19. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "private driveway" which reads in its entirety as follows:
Private driveway shall mean the area of a platted lot that is specifically designed
for the parking and movement of the vehicles of the property owner and that generally
leads directly to a garage, carport or other such structure. Such area shall not include the
area of a private street or private drive, except that a private driveway may be shared
between two (2) abutting platted lots.
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Introduced and considered favorably on first reading and ordered published in
summary form this 7th day of June, A.D. 2005, and to b scnted for final passage on
the 5th day of July, A.D., 2005.
Ma
ATT
EST:
City Clerk
Passed and adopted on final reading this 5th da of ly, A.D. 2005.
May r
TTEST:
City Clerk
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