HomeMy WebLinkAbout073 - 07/01/2008 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 073, 2008
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. 051, 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 1.3.4 of the Land Use Code is hereby amended to
read as follows:
1.3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with a particular development proposal
and upon application by the applicant or on the Director's own initiative, the
Director (or the Planning and Zoning Board as specifically authorized in
subparagraphs (5) and (6) below) may add to the uses specified in a
particular zone district any other similar use which conforms to all of the
following conditions:
(1) Such use is appropriate in the zone district to which it is added;
(2) Such use conforms to the basic characteristics of the zone district and
the other permitted uses in the zone district to which it is added;
(3) Such use does not create any more offensive noise, vibration, dust,
heat, smoke, odor, glare or other objectionable influences or any more
traffic hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi-public facilities, utilities
or services, adverse effect on public health, safety, morals or
aesthetics, or other adverse impacts of development, than the amount
normally resulting from the other permitted uses listed in the zone
district to which it is added;
(4) Such use is compatible with the other listed permitted uses in the zone
district to which it is added;
(5) Such use is not specifically listed by name as a prohibited use in the
zone district to which it is added, or if such use is prohibited, the
proposed use is specific to the proposed site, is not considered for a
text amendment under paragraph (B) below, and is specifically found
by the Planning and Zoning Board to not be detrimental to the public
good and to be in compliance with the requirements and criteria
contained in Section 3.5.1;
(6) Such use is not specifically listed as a 'Permitted Use" in Article 4 or
if such use is not specifically listed, the proposed use is specific to the
proposed site, is not considered for a text amendment under paragraph
(B) below, and is specifically found by the Planning and Zoning
Board to not be detrimental to the public good and to be in
compliance with the requirements and criteria contained in Section
3.5.1. (See Section 2.9 for the procedures for text amendments.)
(C) Conditions. When any use has been added to the list of permitted uses in
any zone district in accordance with this Section, the Director (or the
Planning and Zoning Board, if applicable) may impose such conditions and
requirements on such use as are necessary or desirable to accomplish the
purposes and intent of this Land Use Code, to ensure consistency with City
Plan and its adopted components and associated sub-area plans, to prevent
or minimize adverse effects and impacts upon the public and
neighborhoods, and to ensure compatibility of uses.
Section 2. That Section 2.1.2 of the Land Use Code is hereby amended by the
addition of new subparagraphs (H) and (I) which read as follows:
2.1.2 Overview of Development Review Procedures
This article establishes the development review procedures for different
types of development applications and building permits within the city.
(H) Is it possible to receive preliminary feedback from the City
Council regarding complex development proposals? When an
2
application for approval of a development plan also entails the approval of
an annexation petition or an amendment to the City's Comprehensive Plan
or some other kind of legislative action by the City Council, the applicant
for such approval may request that the City Council conduct a hearing for
the purpose of receiving preliminary comments from the City Council
regarding the applicant's overall proposal in order to assist the developer
in determining whether to file a development application or annexation
petition. However, if the only legislative action involved in the proposal is
a possible financial partnership with the City or the provision of some
financial incentive to the applicant from the City, the City Manager must
agree that the proposed partnership or financial incentive warrants Council
consideration in order for a hearing before the Council to be scheduled.
All pre-application hearings scheduled by the City Manager under this
provision will be held in accordance with the provisions contained in
Steps 6, 7(B) and 7(C) of the Common Development Review Procedures,
except that the signs required to be posted under Step 6(B) shall be posted
subsequent to the scheduling of the hearing and not less than fourteen (14)
days prior to the date of the hearing. At the time of requesting the hearing,
the applicant must advance the City's estimated costs of providing notice
of the hearing. Any amounts paid that exceed actual costs will be refunded
to the applicant. At the conclusion of the hearing, members of the City
Council may, but shall not be required to, comment on the proposal. Any
comment, suggestion, or recommendation made by any Councilmember
with regard to the proposal does not bind or otherwise obligate any City
decision maker to any course of conduct or decision pertaining to the
proposal. Only one such hearing may be requested.
(I) Is it permissible to talk with decision makers "off the record"
about a development plan prior to the decision makers'formal review of
the application? No. Development plans must be reviewed and approved
in accordance with the provisions of this Land Use Code and the City's
decision whether to approve or deny an application must be based on the
criteria established herein and on the information provided at the hearings
held on the application. In order to afford all persons who may be affected
by the review and approval of a development plan an opportunity to
respond to the information upon which decisions regarding the plan will
be made, and in order to preserve the impartiality of the decision makers,
decision makers who intend to participate in the decisions should avoid
communications with the applicant or other members of the public about
the plan prior to the hearings in which they intend to participate.
Section 3. That Section 2.11.1(B)(1) of the Land Use Code is hereby
amended to read as follows:
(B) Applicability. This Division shall apply to appeals from an administrative
decision regarding the interpretation and/or application of the land use
3
regulations which preceded this Land Use Code, and to appeals from the
following administrative decisions made under this Land Use Code,
provided such administrative decision is not for approval, approval with
conditions, or denial either of a project development plan or a final plan
pursuant to Divisions 2.4 or 2.5 or of an administrative
amendment/abandonment of any such plan or of any plan approved under
prior law,processed pursuant to Section 2.2.10 (Step 10):
(1) Addition of a Permitted Use by Director (but not by Planning and
Zoning Board)under Section 1.3.4;
Section 4. That Section 3.2.1(K) of the Land Use Code is hereby amended to
read as follows:
(K) Utilities and Traffic. Landscape, utility and traffic plans shall be
coordinated. The following list sets forth minimum dimension
requirements for the most common tree/utility and traffic control device
separations. Exceptions to these requirements may occur where utilities or
traffic control devices are not located in their standard designated locations,
as approved by the Director. Tree/utility and traffic control device
separations shall not be used as a means of avoiding the planting of required
street trees.
(1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet
between ornamental trees and streetlights. (See Figure 2.)
Figure 2
Tree/Streetlight Separations
SHADE TREES ORNAMENTAL TREES
40' Ib'
/��40�
Sr•EEnAr SYMM rGN
4
(2) Twenty (20) feet between shade and/or ornamental trees and traffic
control signs and devices.
(3) Ten(10) feet between trees and water or sewer mains.
(4) Six (6) feet between trees and water or sewer service lines.
(5) Four(4) feet between trees and gas lines
(6) Street trees on local streets planted within the eight-foot-wide utility
easement may conflict with utilities. Additional conduit may be
required to protect underground electric lines.
Section 5. That Section 3.3.2(F) of the Land Use Code is hereby amended to
read as follows:
F) Off-Site Public Access Improvements.
(2) Costs and Reimbursements. When the developer of any property
constructs an off-site street, street intersection, sidewalk, alley, path or other related
improvements to serve the development site or constructs such improvements along the
perimeter of the development site, the entire cost of such construction (including right-of-
way acquisition) shall be the responsibility of such developer. If, within twelve (12)
months of the completion and acceptance by the city of such improvements, the
developer installing such improvements (the "Installing Developer") has entered into a
reimbursement agreement with the city in the manner prescribed by this Section, then, at
the time that other property adjacent to the improvements (the "Adjacent Property") is
developed or redeveloped and access to such improvements is accomplished or other
benefit from such improvements is conferred, the city may collect from the developer of
the Adjacent Property a proportionate charge, based upon the cost incurred by the
Installing Developer, plus an inflation factor, and based upon the benefit conferred upon
the Adjacent Property. For the purpose of this provision, benefit to the Adjacent Property
may include, among other things, the construction of improvements that will allow the
Adjacent Property to be developed in accordance with the requirements of Section 3.6.4,
where in the absence of the improvements, such development would not be allowed to
proceed. Said charge, if imposed by the City, shall be paid prior to the issuance of any
building permits for the Adjacent Property; provided, however, that the city shall not
attempt to make such collection unless the reimbursement agreement has been timely and
properly prepared, executed and delivered to the city. If such charge is collected, the city
shall reimburse the Installing Developer to the extent of such collection after deducting a
service charge of three (3) percent to cover administrative costs. All costs for the
construction (including right-of-way acquisition) of such improvements must be fully
paid by the Installing Developer before such person shall be entitled to reimbursement
under any agreement established hereunder. The amount of the reimbursement assessed
by the city for each Adjacent Property as it develops shall be based on (1) the fair market
value (as determined by the city) of any right-of-way acquired by the Installing
5
Developer that was needed for, and is directly attributable to, the improvements, and (2)
the original cost of design and construction of the improvements plus an adjustment for
inflation based on the construction cost index for Denver, Colorado, as published
monthly by "Engineering News Record." (If said index shows deflation, the adjustment
shall be made accordingly, but not below the original cost as submitted by the Installing
Developer and approved by the City Engineer.) The original cost of the right-of-way
and design and construction shall mean the cost of right-of-way acquisition, financing,
engineering, construction and any other costs actually incurred which are directly
attributable to the improvements, including any costs incurred for the formation or
administration of a special improvement district. The city's obligation to reimburse the
Installing Developer shall be contingent upon the city's actual collection of the charge
from the developer of the Adjacent Property. In order to obtain approval of a
reimbursement agreement from the city, the Installing Developer shall provide the City
Engineer with copies of the following, after acceptance of the improvements:
(a) real estate closing documents and/or appraisals or other documents
showing to the satisfaction of the city the fair market value of the right-of-
way for the improvements;
(b) an invoice from the Installing Developer's engineer for any fee assessed on
the project;
(c) the contractor's application for final payment approved by the Installing
Developer's engineer;
(d) a letter from the Installing Developer and/or contractor certifying that final
payment has been received by the contractor;
(e) a letter from the Installing Developer and/or engineer certifying that final
payment of engineering fees has been made;
(f) a map prepared by a licensed engineer or surveyor which shows:
1. the location of the improvements constructed;
2. the name of the owner of each Adjacent Property which is
benefited by the improvements;
3. the proportionate benefit conferred upon each Adjacent Property,
together with the assessment due based on the original costs;
4. the acreage and parcel number of each Adjacent;
5. a reference to the book, page and reception number from the
records of the county Clerk and Recorder where the information
for each property was obtained; and
6
6. any other information deemed necessary by the City Engineer.
Any right to reimbursement pursuant to this provision shall not exceed a period of ten
(10) years from the acceptance by the city of the street improvements. The City Council
may approve extensions of the reimbursement agreement for additional ten (10) -year
periods. No such reimbursement shall be made unless the person entitled to
reimbursement has fully satisfied his or her obligations under any other reimbursement
agreements with the city.
Section 6. That Section 3.5.1(A) of the Land Use Code is hereby amended to
read as follows:
3.5.1 Building and Project Compatibility
(A) Purpose. The purpose of this Section is to ensure that the physical and
operational characteristics of proposed buildings and uses are compatible
when considered within the context of the surrounding area. They should
be read in conjunction with the more specific building standards contained
in this Division 3.5 and the zone district standards contained in Article 4.
All criteria and regulations contained in this Section that pertain to
"developments", "the development plan", "buildings", and other similar
terms shall be read to include the application of said criteria and regulations
to any determination made by the Planning and Zoning Board under Section
1.3.4(A)(5) and (6) for the purpose of evaluating the authorization of an
additional use.
Section 7. That Section 3.8.4(A) of the Land Use Code is hereby amended to
read as follows:
3.8.4 Child Care Center Regulations
(A) A minimum of two thousand five hundred (2,500) square feet of outdoor
play area shall be provided for fifteen (15) children or fewer, with seventy-
five (75) additional square feet being required for each additional child,
except that the size of the total play area need only accommodate at least
fifty (50) percent of the capacity of the center, and that such outdoor play
area shall not be required for drop-in child care centers. For the purposes of
this subsection, the capacity of the center is calculated based upon indoor
floor space reserved for school purposes of forty (40) square feet per child.
Any such play area within or abutting any residential district shall be
enclosed by a decorative solid wood fence, masonry wall or chain link fence
with vegetation screening, densely planted. The height of such fence shall
be a minimum of six (6) feet and shall comply with Section 3.8.11. Where
access to preschool nurseries is provided by other than local streets, an off-
street vehicular bay or driveway shall be provided for the purpose of
loading and unloading children.
Section 8. That Section 3.8.17(C) of the Land Use Code is hereby amended to
read as follows:
(C) Exemptions From Building Height Regulations. The following structures
and features shall be exempt from the height requirements of this Land Use
Code:
(1) chimneys, smokestacks or flues that cover no more than five (5)
percent of the horizontal surface area of the roof;
(2) cooling towers, ventilators and other similar equipment that cover no
more than five (5) percent of the horizontal surface area of the roof;
(3) elevator bulkheads and stairway enclosures that cover no more than
five (5)percent of the horizontal surface area of the roof,
(4) fire towers;
(5) utility poles and support structures;
(6) belfries, spires and steeples;
(7) monuments and ornamental towers;
(8) solar energy systems.
Section 9. That Section 4.6(B)(2)(c) of the Land Use Code is hereby amended
by the addition of a new subparagraph 6 which reads in its entirety as follows:
6. Restaurant, limited mixed-use.
Section 10. That Section 4.6(B)(3)(c) of the Land Use Code is hereby amended
to read as follows:
(c) Commercial and Retail Uses:
1. Personal and business service shops.
2. Offices, financial services, clinics and small animal
veterinary clinics.
Section 11. That Section 4.8(B)(1)(a)2 of the Land Use Code is hereby
amended to read as follows:
8
2. Two-family dwellings where there is only one (1) principal
building on the lot, provided that no structural additions or
exterior alterations are made to an existing building or the
dwellings are constructed on a vacant lot or a parcel which
did not contain a structure on October 25, 1991.
Section 12. That Section 4.8(B)(2)(a)2 of the Land Use Code is hereby
amended to read as follows:
2. Two-family dwellings when there is more than one (1)
principal building on the lot, provided that no structural
additional or exterior alterations are made to an existing
building or the dwellings are constructed on a vacant lot or
a parcel which did not contain a structure on October 25,
1991, and provided that such two-family dwelling is
located within a street-fronting principal building.
Section 13. That Section 4.9(B)(1)(a)2 of the Land Use Code is hereby
amended to read as follows:
2. Two-family dwellings when there is only one (1) principal
building on the lot.
Section 14. That Section 4.9(B)(1)(a)5 of the Land Use Code is hereby
amended to read as follows:
5. Mixed-use dwellings which are not combined with a use
permitted subject to administrative review or Planning and
Zoning Board review, 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.
Section 15. That Section 4.9(B)(2)(a)2 of the Land Use Code is hereby
amended to read as follows:
9
2. Two-family dwellings when there is more than one (1)
principal building on the lot, provided that such two-family
dwelling is located within a street-fronting principal
building.
Section 16. That Section 4.9(B)(2)(a)5 of the Land Use Code is hereby
amended to read as follows:
5. Mixed-use dwellings which are not combined with a use
permitted subject to basic development review or Planning
and Zoning Board review and 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.
Section 17. That Section 4.9(B)(3)(a) of the Land Use Code is hereby amended
by the addition of a new subparagraph 3 which reads in its entirety as follows:
3. Mixed-use dwellings which are combined with any other
use subject to Planning and Zoning Board review.
Section 18. That Section 4.10(D)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Dimensional Standards.
(a) Maximum building height shall be five (5) stories.
(b) For all setback standards, building walls over thirty-five (35)
feet in height shall be set back an additional one (1) foot beyond
the minimum required, for each two (2) feet or fraction thereof
of wall or building that exceeds thirty-five (35) feet in height.
Terracing or stepping back the mass of large buildings is
encouraged.
Section 19. That Section 4.13(B)(3)(a) of the Land Use Code is hereby
amended to read as follows:
(3) The following land uses are permitted in the P-O-L District, subject to
review by the Planning and Zoning Board:
10
(a) Institutional/Civic/Public Uses:
1. Golf courses.
2. Wildlife rescue and education centers.
3. Community facilities.
Section 20. That Section 4.22(B)(2)(d)5 of the Land Use Code is hereby
amended to read as follows:
(d) Industrial Uses:
5. Wholesale distribution.
Section 21. That the table contained in Section 4.24(B)(2)D of the Land Use
Code is hereby amended to read as follows:
D. INDUSTRIAL
Workshops and custom small industry uses BDR BDR
Transportation terminals(truck,container storage) BDR Not Permitted
Warehouses BDR Type 1
Wholesale distribution BDR Not Permitted
Light industrial uses Not Permitted Type 2
Research laboratories Not Permitted Type 1
Outdoor storage facilities consisting only of the storage of Type 1 Not Permitted
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 facilities are located at least thirty-five(35)
feet from the flow line of all abutting arterial streets.
Section 22. That Section 4.27(B)(2)(d)4 of the Land Use Code is hereby
amended to read as follows:
(d) Industrial Uses:
4. Wholesale distribution.
Section 23. That Section 4.28(B)(2)(d)l of the Land Use Code is hereby
amended to read as follows:
(d) Industrial Uses:
1. Wholesale distribution.
Section 24. That the "Prohibited Uses" paragraph contained in every zone
district listed in the Land Use Code is hereby amended to read as follows:
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director or the
Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code
shall be prohibited.
Section 25. That the definition of"Director" contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Director shall mean the Director of the Planning, Development and
Transportation Service Unit.
Section 26. That the definition of "Long-term care facility" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Long-term care facility shall mean any of the following:
(4) Independent living facility shall mean a single-family, two-family and/or
multi-family dwelling which is located within a development that contains one (1)
or more of the facilities described in (1) through (3) above, wherein the residents
of such dwellings have access to the common amenities and services available to
residents of the facilities described in (1) through (3) above and wherein
independent living facilities occupy no more than twenty-five (25) percent of the
total gross floor area of a long-term care development.
Section 27. That the definition of "Warehouse and distribution" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Wholesale distribution shall mean a use primarily engaged in the sale and
distribution of manufactured products, supplies or equipment, including accessory
offices or showrooms, and including incidental retail sales, but excluding bulk
storage of materials that are inflammable or explosive or that create hazardous or
commonly recognized offensive conditions, and where the products, supplies or
equipment that are distributed from the facility are not used or consumed on the
premises. Activities customarily include receiving goods in bulk or large lots and
assembling, sorting or breaking down such goods into smaller lots for
redistribution or sale to others for resale.
12
Introduced, considered favorably on first reading, and ordered published this 3rd
day of June, A.D. 2008, and to be presented for final passage on the 1 st day of July, A.D.
2008.
ay
ATTEST:
4a,UL4 )�k stc
City Clerk
Passed and adopted on final reading on the I st day of y, .D. 2008.
May ,
ATTEST:
City Clerk
13