HomeMy WebLinkAbout059 - 06/06/2000 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 59, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted the Land Use Code; and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a "fluid" document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City 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 welfare of the City and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows:
Section 1. That Section 1.2.4 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
1.2.4 Applicability
The provisions of this Land Use Code shall apply to any and all
development of land within the municipal boundaries of the city, unless
expressly and specifically exempted or provided otherwise in this Land
Use Code. No development shall be undertaken without prior and proper
approval or authorization pursuant to the terms of this Land Use Code.
All development shall comply with the applicable terms, conditions,
requirements, standards and procedures established in this Land Use Code.
Except as hereinafter provided, no building, structure or land shall be used
and no building or structure or part thereof shall be erected, constructed,
reconstructed, altered, repaired, moved or structurally altered except in
conformance with the regulations herein specified for the district in which
it is located, nor shall a yard, lot or open space be reduced in dimensions
or area to an amount less than the minimum requirements set forth herein
or to an amount greater than the maximum requirements set forth herein.
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This Land Use Code establishes procedural and substantive rules for
obtaining the necessary approval to develop land and construct buildings
and structures. Development applications for overall development plans,
project development plans, and final plans will be reviewed for
compliance with the applicable General Development Standards and
District Standards. Building permit applications will also be reviewed for
compliance with the applicable General Development Standards and
District Standards, and will be further reviewed for compliance with the
approved final plan in which they are located.
This Land Use Code shall also apply to the use of land following
development to the extent that the provisions of this Land Use Code can
be reasonably and logically interpreted as having such ongoing
application.
Section 2. That Section 1.3.4(A)(6) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(6) Such use is not specifically listed as a "Permitted Use" in Article
4. (See Section 2.9 for the procedures for text amendments.)
Section 3. That a new Section 2.1.5 be added to the Land Use Code of the
City of Fort Collins to read as follows:
2.1.5 Dedications and Vacations.
Dedication of streets, easements and other rights-of-way as laid out
on plats or as otherwise described in deeds of dedication, whether
on or off the site of a specific planning item that is subject to
Planning and Zoning Board review shall be accepted by the
Planning and Zoning Board in accordance with Section 2-353(4) of
the City Code, provided that such dedication is made necessary by
the approval of such planning item. The Board shall also have the
authority to vacate easements and other rights-of-way, but not to
include streets and alleys, by resolution or by approval of plats (or
replats) containing notation of such vacation. Dedication of
streets, easements and other rights-of-way as laid out on plats or
otherwise described in deeds of dedication, whether on or off the
site of a specific planning item that is subject to administrative
review shall be accepted by the Director, provided that such
dedication is made necessary by the approval of such planning
item. With regard only to a specific planning item that is subject to
administrative review, the Director shall also have the authority to
vacate easements and other rights-of-way, but not to include streets
and alleys, by resolution or by approval of plats (or replats)
containing notation of such vacation.
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Section 4. That Section 2.2.7(D)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Findings. All decisions shall include at least the following elements:
(a) A clear statement of approval, approval with conditions, or denial,
whichever is appropriate.
(b) A clear statement of the basis upon which the decision was made
including specific findings of fact with specific reference to the
relevant standards set forth in this Land Use Code.
Section 5. That Section 2.2.10(A)(1)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) the minor amendment results in an increase or decrease by one (1)
percent or less in the approved number of dwelling units, except
that in the case of a change of use of any property that was
developed pursuant to a Building Permit review or use-by-right
review under prior law, the number of dwelling units proposed to
be added or deleted may be four (4) units or less; or
Section 6. That Section 2.2.11(D)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Term of Vested Right. Within a maximum of three (3) years
following the approval of a final plan or other site specific
development plan, the applicant must undertake, install and
complete all engineering improvements (water, sewer, streets,
curb, gutter, street lights, fire hydrants and storm drainage) in
accordance with city codes, rules and regulations. The period of
time shall constitute the "term of the vested property right." The
foregoing term of the vested property right shall not exceed three
(3) years unless: (a) an extension is granted pursuant to paragraph
4 of this subsection, or (b) the city and the Developer enter into a
development agreement which vests the property right for a period
exceeding three (3) years. Such agreement may be entered into by
the city only if the subject development constitutes a "large base
industry" as defined in Article 5 and only if warranted in light of
all relevant circumstances, including, but not limited to, the size
and phasing of the development, economic cycles and market
conditions. Any such development agreement shall be adopted as
a legislative act subject to referendum. Failure to undertake and
complete the development within the term of the vested property
right shall cause a forfeiture of the vested property right and shall
require resubmission of all materials and reapproval of the same to
be processed as required by this Land Use Code. All dedications
as contained on the final plat shall remain valid unless vacated in
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accordance with law.
Section 7. That Division 2.6 of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
DIVISION 2.6 STOCKPILING PERMITS AND DEVELOPMENT CONSTRUCTION PERMITS
Sections:
2.6.1 Purpose
2.6.2 Applicability
2.6.3 Stockpiling Permits and Development Construction Permit Review
Procedures
2.6.1 Purpose
(A) A Stockpiling Permit is required in order to regulate the placement of fill
dirt on properties not covered by a site specific development plan, to
protect against adverse impacts to floodplains, drainage systems, natural
areas, wildlife habitat, wetlands, or other areas of public interest, and to
assure that public nuisances will not be created by the stockpiling
activities.
(B) A Development Construction Permit is required in order to coordinate the
transition from completion of the development review process to the
construction process.
2.6.2 Applicability
(A) A Stockpiling Permit shall be required for temporarily or permanently
placing soils or similar inorganic materials upon property that is not
subject to the provisions of a valid Development Construction Permit;
provided, however, that no Stockpiling Permit may be issued for property
that is within the boundaries of a Project Development Plan for which an
application for approval has been filed but which plan has not yet been
approved by the decision maker.
(B) A Development Construction Permit shall be required for all development
that is required to construct public infrastructure improvements that, upon
completion, will be owned or maintained by the city.
2.6.3 Stockpiling Permit and Development Construction Permit Review
Procedures
An application for a Stockpiling Permit or a Development Construction
Permit shall be processed according to, in compliance with, and subject to
the provisions contained in Division 2.1 and Steps (1) through (12) of the
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Common Development Review Procedures (Section 2.2.1 through 2.2.12,
inclusive), as follows:
(A) Step I (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3(A) (Development Application Forms): Not applicable, and
in substitution therefor, all applications for Stockpiling Permits or
Development Construction Permits shall be in a form established
by the City Engineer and made available to the public.
Step 3(B) (Consolidated Development Applications and Review):
Not applicable.
Step 3(C) (Development Application Contents): Applicable.
Step 3(D) (Submittal Hearing Date Schedule): Not applicable.
Step 3(E) (Development Review Fees — Stockpiling Permit):
Applicable
Step 3(E) (Development Review Fees — Development
Construction Permit): Not applicable, and in substitution therefor,
the applicant for a Development Construction Permit shall remit to
the city an application fee and a construction inspection fee in the
amounts as are authorized to be established pursuant to Chapter
7.5, Article I of the City Code.
(D) Step 4 (Determination of Sufficiency): Applicable except that the
term "City Engineer" shall be substituted for the term "Director."
(E) Step 5 (Staff Report): Not applicable.
(F) Step 6 (Notice): Not applicable.
(G) Step 7 (Public Hearing — Stockpiling Permit): Not applicable, and
in substitution therefor, an application for a Stockpiling Permit
shall be processed, reviewed, considered and approved, approved
with modifications or denied by the City Engineer based on its
compliance with the City Code and all regulations related to such
permit adopted by the city by reference or otherwise, as amended,
including, without limitation, the erosion control standards as
contained in the Stormwater Design Criteria and Construction
Standards Manual.
Step 7(Public Hearing — Development Construction Permit): Not
applicable, and in substitution therefor, an application for a
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Development Construction Permit shall be processed, reviewed,
considered and approved, approved with modifications or denied
by the City Engineer based on its compliance with the Site Specific
Development Plan, the City Code and all regulations related to
such permit adopted by the city by reference or otherwise, as
amended.
(H) Step 8 (Standards — Stockpiling Permit): Not applicable, and in
substitution therefor, an application for a Stockpiling Permit shall
be reviewed for compliance with the City Code and all regulations
related to such permit adopted by the city by reference or
otherwise, as amended, including, without limitation, the erosion
control standards as contained in the Stormwater Design Criteria
and Construction Standards Manual.
Step 8 (Standards — Development Construction Permit): Not
applicable, and in substitution therefor, an application for a
Development Construction Permit shall be reviewed for
compliance with the Site Specific Development Plan, the City
Code and all regulations related to such permit adopted by the city
by reference or otherwise as amended.
(1) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not applicable, and in substitution
therefor, amendments to Stockpiling Permits or Development
Construction Permits may be authorized by the City Engineer only
as allowed under the Stockpiling Permit or Development
Construction Permit regulations adopted by the city by reference or
otherwise, as amended, provided that the amended Stockpiling
Permit or Development Construction Permit remains in
compliance with the applicable standards.
(K) Step 11 (Lapse — Stockpiling Permits): Not applicable, and in
substitution therefor, a Stockpiling Permit shall be subject to the
following lapse and extension provisions:
(1) Term of permit. All Stockpiling Permit activity shall be
commenced and completed within thirty (30) days of
issuance of the Stockpiling Permit unless a longer term of
permit is established by the City Engineer upon issuance of
the permit.
(2) Extensions. The applicant for a Stockpiling Permit may
apply for an extension of the term of such permit if such
application is filed with the City Engineer at least two (2)
working days prior to the permit expiration date. Such
application shall contain good and sufficient reasons as to
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why an extension is necessary. For good cause shown, the
City Engineer may approve an extension application that
has been timely filed; provided, however, that no extension
shall be granted for a term in excess of thirty (30) days, and
no extension shall be granted which, in the judgment of the
City Engineer, would be detrimental to the public health,
safety or welfare.
Step 11 (Lapse — Development Construction Permit): Not
applicable, and in substitution therefor, a Development
Construction Permit shall be subject to the following lapse and
extension provisions:
(1) Prior to commencement of construction. If construction
has not commenced within sixty (60) days from the date of
issuance of the Development Construction Permit, such
permit shall expire, and all fees paid therefor shall be
forfeited.
(2) Following commencement of construction. If construction
has timely commenced, the Development Construction
Permit shall expire upon the passage of one (1) year from
the date of issuance thereof.
(3) Extensions. The applicant for a Development Construction
Permit may apply for an extension of the term of such
permit if such application is filed with the City Engineer at
least two (2) weeks prior to the permit expiration date.
Such application shall contain good and sufficient reasons
as to why an extension is necessary; and, for good cause
shown, the City Engineer may grant extensions; provided,
however, that no extension shall be granted for a term in
excess of six (6) months, and no extension shall be granted
which, in the judgement of the City Engineer, would be
detrimental to the public health, safety or welfare.
(L) Step 12 (Appeals): Not applicable, and in substitution therefor,
appeals of any final decision of the City Engineer on a Stockpiling
Permit or a Development Construction Permit application shall be
in accordance with Division 2.11; provided, however, that such
appeals may be filed only by persons who possess a legal or
equitable interest in the specific real property which is the subject
of the decision.
Section 8. That Section 2.8.2(H) of the Land Use Code of the City of Fort
Collins be amended to read as follows:
(H) Step 8 (Standards): Applicable, and the Planning
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and Zoning Board may grant a modification of
standards only if it finds that the granting of the
modification would not be detrimental to the public
good; and that:
(1) the plan as submitted will advance or protect
the public interests and purposes of the
standard for which the modification is
requested equally well or better than would
a plan which complies with the standard for
which the modification is requested; or
(2) the granting of a modification from the strict
application of any standard would, without
impairing the intent and purposes of this
Land Use Code, substantially alleviate an
existing, defined and described problem of
city-wide concern or would result in a
substantial benefit to the city by reason of
the fact that the proposed project would
substantially address an important
community need specifically and expressly
defined and described in the city's
Comprehensive Plan, or in an adopted
policy, ordinance or resolution of the City
Council, and the strict application of such
standard would render the project practically
infeasible; or
(3) by reason of exceptional physical conditions
or other extraordinary and exceptional
situations, unique to such property,
including, but not limited to, physical
conditions such as exceptional narrowness,
shallowness or topography, or physical
conditions which hinder the owner's ability
to install a solar energy system, the strict
application of the standard sought to be
modified would result in unusual and
exceptional practical difficulties, or
exceptional or undue hardship upon the
owner of such property, provided that such
difficulties or hardship are not caused by the
act or omission of the applicant.
Any finding made under subparagraph (1), (2) or (3) above
shall be supported by specific findings showing how the
plan, as submitted, meets the requirements and criteria of
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said subparagraph(1), (2) or(3).
Section 9. That Section 2.10.2(H) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(H) Step 8 (Standards): Applicable, and a hardship variance shall meet
or exceed the following standards: Hardship variances from the
terms of Articles 3 through 4, inclusive, may be approved or
approved with conditions by the Zoning Board of Appeals where,
by reason of exceptional physical conditions or other extraordinary
and exceptional situations, unique to such property, including, but
not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder
the owner's ability to install a solar energy system, the strict
application of any regulation enacted herein would result in
unusual and exceptional practical difficulties, or exceptional or
undue hardship upon the owner of such property, provided that
such relief may be granted without substantial detriment to the
public good and provided that such difficulties or hardship are not
caused by the act or omission of the applicant and that no hardship
variance shall authorize any change in use other than to a use that
is allowed subject to Building Permit Review.
Section 10. That Section 2.11.1(B) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of a new subparagraph (7) to read as follows
and all subsequent subparagraph to be renumbered accordingly:
(7) The issuance of a Stockpiling Permit under Section 2.6.3.
Section 11. That Section 3.1.1 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
3.1.1 Applicability
All development applications and building permit applications shall
comply with the applicable standards contained in Divisions 3.1 through
3.8 inclusive, except that single-family dwellings and accessory buildings
and structures and accessory uses that are permitted subject only to
building permit review as allowed in Article 4 need to comply only with
the standards contained in Article 4 for the zone district in which such
uses are located and the standards contained in Division 3.8. In addition
to the foregoing, this Land Use Code shall also apply to the use of land
following development to the extent that the provisions of this Land Use
Code can be reasonably and logically interpreted as having such ongoing
application.
Section 12. That Section 3.2.1(D)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
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2. Street Trees. Planting of street trees shall occur in the adjoining
street right of way in connection with the development by one (1)
or more of the methods described in subparagraphs (a) through (c)
below.
(a) Wherever the sidewalk is separated from the street by a
parkway, canopy shade trees shall be planted at thirty-foot
to forty-foot spacing (averaged along the entire front and
sides of the block face) in the center of all such parkway
areas. If two (2) or more consecutive residential lots along
a street each measure between forty (40) and sixty (60) feet
in street frontage width, one (1) tree per lot may be
substituted for the thirty (30) foot to forty (40) foot spacing
requirement. Such street trees shall be placed at least eight
(8) feet away from the edges of driveways and alleys, and
forty (40) feet away from any streetlight, and to the extent
reasonably feasible, be positioned at evenly spaced
intervals.
(b) Wherever the sidewalk is attached to the street in a manner
that fails to comply with the Design and Construction
Criteria, Standards and Specifications for Streets,
Streetscapes, Sidewalks, Alleys and Other Public Ways,
canopy shade trees shall be established in an area ranging
from three (3) to seven (7) feet behind the sidewalk at the
spacing intervals as required in subsection (a) above.
Wherever the sidewalk is attached to the street and is ten
(10) feet or more in width, or extends from the curb to the
property line, canopy shade trees shall be established in
planting cutout areas of at least sixteen (16) square feet at
thirty-foot to forty-foot spacing.
(c) Ornamental trees shall be planted in substitution for the
canopy shade trees required in subsection (D)(2)(a) and (b)
above where overhead lines and fixtures prevent normal
growth and maturity. Ornamental trees shall be placed at
least fifteen (15) feet away from any streetlight.
Section 13. That Section 3.2.1(E)(5) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of a new subsection (e) and relettering of
subsequent subsections accordingly, to read as follows:
(e) Parking bays shall extend no more than fifteen (15) parking
spaces without an intervening tree, landscape island or
landscape peninsula.
Section 14. That Section 3.2.2(E)(6)(b) of the Land Use Code of the City of
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Fort Collins is hereby amended by read as follows:
(b) Parking bays shall be landscaped in accordance with the
requirements contained in subsection 3.2.1(E)(5).
Section 15. That Section 3.2.2 (K)(2) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of a new subsection (c) to read as follows:
(c) In the Harmony Corridor(H-C) District only, the maximum
parking ratio for "General Office" may be increased to no
greater than four and one half(4.5) spaces per one thousand
(1,000) square feet of gross leasable area by satisfying
either of the following two (2) criteria:
1. All of the additional parking spaces gained by the
increased ratio (over the ratio established in
subsection 2(a) above) shall be contained within a
parking garage/structure, or
2. Incremental increases in the parking ratio
established in subsection 2(a) above are justified by
complying with one (1) or more of the following
standards:
a. The applicant may increase the ratio by one
half (%z) parking space per one thousand
(1,000) square feet of gross leaseable area
by providing no more than fifty (50) percent
of the total off-street parking as "Front
Parking Area" as such parking is determined
in accordance with Section 3.5.4 (C)(3)(b).
b. The applicant may increase the ratio by one
half ('/z) parking space per one thousand
(1,000) square feet of gross leaseable area
by providing no more than fifty (50) percent
of the total off-street parking as "Rear
Parking Area". The Rear Parking Area shall
be determined by drawing a line from the
rear corners of the building to the nearest
property corners. If any such line, when
connected to the plane of the rear facade of
the building, creates an angle that is greater
than one hundred eighty (180) degrees, then
the line shall be adjusted to create an angle
of one hundred eighty (180) degrees when
connected to the plane of the rear facade of
the building. If any such line, when
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connected to the plane of the rear facade of
the building, creates an angle that is less
than ninety (90) degrees, then the line shall
be adjusted to create an angle of ninety (90)
degrees when connected to the plane of the
rear facade of the building. Parking spaces
in the Rear Parking Area shall be counted to
include all parking spaces within the
boundaries of the Rear Parking Area,
including (1) all partial parking spaces if the
part inside the Rear Parking Area boundary
lines constitutes more than one-half ('/2) of
said parking space, and (2) all parking
spaces associated with any pad sites located
within the Rear Parking Area boundaries.
C. The applicant may increase the ratio by one-
half ('/2) parking space per one thousand
(1,000) square feet of gross leaseable area
by increasing by fifty (50) percent the
parking lot perimeter landscaping as
required pursuant to subsection 3.2.1(E)(4).
Section 16. That Section 3.3.2(E)(1)(c) of the Land Use Code of the City of
Fort Collins is hereby 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 required to be
constructed by the city 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 City Engineer based upon traffic safety
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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 17. That Section 3.4.1(E)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Planning and Zoning Board Review for Projects with Less Than
Recommended Buffer. If the application of the performance
standards contained in this subparagraph results in a proposed
buffer zone that includes a buffer distance that is, on average, less
than eight (80) percent of the minimum general buffer distance
recommended in the table below, then the project will be reviewed
through Planning and Zoning Board Review as defined in Section
2.1.1.
Section 18. That Section 3.5.1(J)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) No areas for outdoor storage, trash collection or compaction, loading or
other such uses shall be located within twenty (20) feet of any public
street, public sidewalk or internal pedestrian way. Notwithstanding the
foregoing, areas for trash collection may be located within twenty (20) feet
of an internal pedestrian way.
Section 19. That Section 3.5.2(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose/Applicability. The following standards are intended to
promote variety, visual interest and pedestrian oriented streets in
residential development.
Section 20. That Section 3.5.2(C)(1) of the Land Use Code of the City of Fort Collins
is hereby 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 extent
reasonably feasible. Every front facade with a primary entrance to a
dwelling unit shall face a connecting walkway with no primary entrance
more than two hundred (200) feet from a street sidewalk. The following
exceptions to this standard are permitted:
(a) A primary entrance may be up to three-hundred fifty (350) feet
from a street sidewalk if the primary entrance faces and opens
directly onto a connecting walkway that qualifies as a major
walkway spine.
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(b) If a multifamily building has more than one (1) front facade, and if
one (1) of the front facades faces and opens directly onto a street
sidewalk, the primary entrances located on the other front farade(s)
need not face a street sidewalk or connecting walkway.
Section 21. That the introductory sentence of Section 3.5.2(E) of the Land Use Code
of the City of Fort Collins is hereby amended to read as follows:
(E) Garage Doors. To prevent residential streetscapes from being dominated
by protruding garage doors, and to allow the active, visually interesting
features of the house to dominate the streetscape, the following standards
shall apply:
Section 22. That Section 3.5.2(E)(1) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(1) Street-facing garage doors must be recessed behind either
the front facade of the ground floor living area portion of
the dwelling or a covered porch (measuring at least six (6)
feet by eight (8) feet by at least four (4) feet. Any street-
facing garage doors complying with this standard shall not
protrude forward from the front facade of the living area
portion of the dwelling by more than eight (8) feet.
Section 23. That Section 3.8.4(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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. 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 24. That Section 3.8.6 of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
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3.8.6 Group Home Regulations.
(A) Residential group homes shall conform to the lot area and separation
requirements specified in the following table:
Zone Maximum Additional lot Maximum F
number of area for each permissible
residents additional residents,
excluding resident excluding er
supervisors, for (square feet) supervisors
minimum lot
size
PR-VD)-R
3 2,000 8 1,500
3 1,500 8 1,500
6 75 88 1,000
N-C-B, D, C-N, 6 500 8 700
C-C-N, M-M-N,
N-C, C, C-C, C-L,
C-C-R
(B) Large group care facilities shall conform to the lot area and separation
requirements specified in the following table:
Zone Maximum Additional lot Maximum Tbetween
number of area for each permissible
residents additional residents, ts
excluding resident (square excluding any
supervisors, for feet) supervisorsgroup
minimum lot size home (feet)
LMN, NCM, 6 750 15 1,000
RDR
NCB, D, CN, 6 500 20* 700
CCN, MMN,
NC, C, CC, CL,
CCR
* The decision maker may determine a higher maximum number of residents to be allowed
to occupy the facility upon finding that the facility as so occupied will satisfy the
following criteria:
a. the adjacent street system is sufficient to accommodate the traffic impacts
generated by the large group care facility;
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b. the large group care facility has made adequate, on-site accommodations
for its parking needs;
C. the architectural design of the large group care facility is compatible with
the character of the surrounding neighborhood;
d. the size and scale of the large group care facility is compatible with the
character of the surrounding neighborhood; and
e. the types of treatment activities or the rendering of services proposed to be
conducted upon the premises are substantially consistent with the
activities permitted in the zone district in which the facility is proposed to
be located.
(C) With respect to group homes which require either a Type 1 or Type 2
review, the following regulations shall apply:
(1) Before any group home shall be approved in any zone that requires
a Type 1 or Type 2 review, the decision maker shall conduct such
review for the purpose of approving, denying or approving with
conditions the application for a group home use in such zone. If
approved, the decision maker shall, with such approval, establish
the type of group home permitted and the maximum number of
residents allowed in such group home.
(2) A group home may be located without consideration to the
minimum separation requirements as established in subparagraph
(A) and (B) of this Section if the group home is separated from
other group home within the area of the aforesaid minimum
separation requirement by a substantial natural or man-made
physical barrier, including, but not limited to, an arterial street, a
state or federal highway, railroad tracks, river or
commercial/business district. Such reduction in the separation
requirement shall be allowed only after the decision maker has
determined that the barrier and resulting separation distance are
adequate to protect the city from any detrimental impacts resulting
from an excessive concentration of group homes in any one (1)
vicinity.
(3) No permanent certificate of occupancy will be issued by the city
for a group home until the person applying for the group home has
submitted a valid license, or other appropriate authorization, or
copy thereof, from a governmental agency having jurisdiction.
(4) If active and continuous operations are not carried on in a group
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home which was approved pursuant to the provisions contained in
this Section for a period of twelve (12) consecutive months, the
group home use shall be considered to have been abandoned. The
group home use can be reinstated only after obtaining a new
approval from the decision maker as outlined in this Section.
Section 25. That Section 3.8.7(S) of the Land Use Code of the City of Fort Collins is
hereby amended by adding a new subparagraph (5) to read as follows:
(5) No window sign shall exceed seven (7) feet in height.
Section 26. That Section 3.8.13(C) of the Land Use Code of the City of Fort Collins is
hereby amended by the addition of a new subparagraph (15) to read as follows:
(15) Stealth Technology. To the extent reasonably feasible, the applicant shall
employ "stealth technology" so as to convert the wireless
telecommunication facility into wireless telecommunication equipment, as
the best method by which to mitigate and/or camouflage visual impacts.
Stealth technology consists of, but is not limited to, the use of grain bins,
silos or elevators, church steeples, water towers, clock towers, bell towers,
false penthouses or other similar "mimic" structures. Such "mimic"
structures shall have a contextual relationship to the adjacent area.
Section 27. That Section 3.8.17(A)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Contextual Height. Regardless of the maximum building height limit
imposed by the zone district standards of this Land Use Code, applicants
shall be allowed to use a "contextual" height limit. The allowed
"contextual" height may fall at any point between the zone district
maximum height limit and the height of a building that exists on lots that
are adjacent to the subject lot. This provision shall not be interpreted as
requiring greater minimum heights or lower maximum heights than
imposed by the underlying zone district.
Section 28. That Section 4.4(B)(2)(a) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 6 to read as follows:
6. Mixed-use dwelling units.
Section 29. That Section 4.4(B)(2)(c)3. of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
3. Neighborhood centers consisting of at least
two (2) of the following uses: mixed-use
dwelling units; retail stores with less than
17
five thousand (5,000) square feet of gross
floor area; convenience grocery stores;
personal and business service shops; small
animal veterinary facilities; offices, financial
services and clinics containing less than five
thousand (5,000) square feet of gross floor
area; community facilities; neighborhood
support/recreation facilities; schools, child
care centers; and places of worship or
assembly.
Section 30. That Section 4.4(B)(3)(a) of the Land Use Code of the City of Fort
Collins is hereby amended by the deletion of subsection 4. "Mixed-use dwelling units."
Section 31. That Section 4.4(1))(3)(b) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(b) Location. A neighborhood center shall be planned as an integral
part of surrounding residential development and located where the
network of local streets provides direct access to the center.
Neighborhood centers with retail 'uses or restaurants located on
arterial streets shall be spaced at least three thousand nine hundred
sixty(3,960) feet (three-quarter [3/4] mile) apart.
Section 32. That Section 4.7(B)(3) of the Land Use Code of the City of Fort Collins is
hereby amended by the addition of a new subparagraph (c) to read as follows and all subsequent
subparagraphs to be relettered accordingly:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments with six (6) or fewer
beds.
Section 33. That the chart contained in Section 4.12(B)(2) of the Land Use Code of
the City of Fort Collins is hereby amended by changing Part `B. Institutional/Civil/Public"
subheading"Places of Worship or Assembly"to read as follows:
CM
Plac
es of worship or
Type
Type ype 1 Not Permitted fitted
assembly
Section 34. That Section 4.18(B)(2)(c) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of new subsections 36 and 37, to read as follows:
18
36. Grocery stores.
37. Supermarkets.
Section 35. That Section 4.21(B)(2) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection (a) to read as follows and all subsequent
subsections to be relettered accordingly:
(a) Residential Uses:
1. Mixed-use dwelling units.
Section 36. That Section 4.21(B)(3)(a) of the Land Use Code of the City of Fort
Collins is hereby amended by the deletion of subsection 1. "Mixed-use dwelling units" and all
subsequent subsections be renumbered accordingly.
Section 37. That Section 4.21(E)(3) of the Land Use Code of the City of Fort Collins
shall be repealed and reenacted to read as follows:
(3)Building Design.
(1) Industrial Buildings. To the extent reasonably feasible, industrial
buildings shall provide a primary entrance that faces and opens
directly onto the adjacent street sidewalk or a walkway, plaza or
courtyard that has direct linkage to the street sidewalk without
requiring pedestrians to cross any intervening driveways or parking
lots.
(2) Campus Exception. An exception shall be permitted to
subsection (a) above, and to the requirements contained in Section
3.5.3(B) if the development provides a "campus or park-like
development block", meaning development with a unifying,
formative internal framework of pedestrian oriented, non-vehicular
outdoor spaces and walkways that function as an alternative to
street sidewalks by organizing and connecting buildings. The
internal campus pedestrian circulation system shall be designed to
provide direct connections to common origins and destinations
(such as street sidewalks, transit stops, restaurants, child care
facilities and convenience shopping centers).
Section 38. That Section 4.22(B)(2) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection (a) to read as follows and all subsequent
subsections to be relettered accordingly:
19
(a) Residential Uses:
1. Mixed-use dwelling units.
Section 39. That Section 4.22(B)(2)(c) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of a new subparagraph 6. to read as follows:
6. Warehouse and distribution facility.
Section 40. That Section 4.22(B)(3)(a) of the Land Use Code of the City of Fort
Collins is hereby amended by the deletion of subsection 1. "Mixed-use dwelling units" and all
subsequent subsections be renumbered accordingly.
Section 41. That Section 4.22(B)(3)(c) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of a new subparagraph 11 to read as follows:
11. Limited indoor recreation establishments.
Section 42. That Section 4.22(D)(2) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subparagraph (u) to read as follows:
(u) Limited indoor recreation establishments.
Section 43. That Section 4.23(B)(2) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of a new subsection (a) to read as follows and all
subsequent subsections to be renumbered accordingly:
(a) Residential Uses:
1. Mixed-use dwelling units.
Section 44. That Section 4.23(B)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended by the deletion of subsection 1. "Mixed-use dwelling
units" and all subsequent subsections be renumbered accordingly.
Section 45. That Section 4.23(E)(3)(b)(1) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
1. Storage, loading and work operations shall be screened from
view along all district boundary lines and along all public
streets.
Section 46. That the definition of"Group home" in Section 5.1.2 of the Land
Use Code of the City of Fort Collins is hereby amended to read as follows:
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Group home shall mean either of the following:
(1) Residential group home shall mean a residence operated as a single
dwelling, licensed by or operated by a governmental agency, for
the purpose of providing special care or rehabilitation due to
homelessness, physical condition or illness, mental condition or
illness, elderly age or social, behavioral or disciplinary problems,
provided that authorized supervisory personnel are present on the
premises.
(2) Large group care facility shall mean a residential facility that is
planned, organized, operated and maintained to offer facilities and
services to a specified population and is licensed by or operated by
a governmental agency, for the purpose of providing special care
or rehabilitation due to homelessness, physical condition or illness,
mental condition or illness, elderly age or social, behavioral or
disciplinary problems, provided that authorized supervisory
personnel are present on the premises.
Section 47. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Large base industry" to read as
follows:
Large base industry shall mean a firm that: (1) produces, or will produce,
manufactured goods, at least eighty (80) percent of which are, or will be,
produced for export to areas outside of the city; (2) employs, or will
employ, no fewer than one hundred (100) persons for at least thirty-five
(35) hours of year-round employment per week; and (3) owns or leases, or
will own or lease, real property or equipment within the city limits that is
used in the operation of the firm's business and that has, or will have, as of
the date of the commencement of the firm's operation, a fair market value
of no less than one hundred million dollars (S100,000,000).
Section 48. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Logo"to read as follows:
Logo shall mean a graphic symbol or emblem which conveys a
recognizable meaning which symbol or emblem may include script
(words) provided such script is contained entirely within the boundaries of
the symbol or emblem; and script alone, or outside of the boundaries of
the symbol or emblem, whether registered as a trademark or not, is not
included within the meaning of the term "logo".
Section 49. That the definition of"Major walkway spine" in Section 5.1.2 of
the Land Use Code of the City of Fort Collins is hereby amended by to read as follows:
Major walkway spine shall mean a tree-lined connecting walkway that is
at least five (5) feet wide, with landscaping along both sides, located in an
21
outdoor space that is at least thirty-five (35) feet in its smallest dimension,
with all parts of such outdoor space directly visible from a public street.
Section 50. That the definition of "Off-street parking area or vehicular use
area' in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
Off-street parking area or vehicular use area shall mean all off-street
areas and spaces designed, used, required or intended to be used for the
parking, storage, maintenance, service, repair, display or operation of
motor vehicles, including driveways or accessways in and to such areas,
but not including: (1) any outdoor storage area used principally as
"recreational vehicle, boat or truck storage" use; (2) any parking area that
is primarily used for long-term storage of vehicles that more closely
resembles an outdoor storage area than it does a parking lot (such as
impound lots,junkyards or other similar uses); or (3) any public street or
right-of-way.
Section 51. That the definition of "Parks, recreation and open lands" in
Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read
as follows:
Parks, recreation and open lands shall mean natural areas as described in
the Natural Areas Policy Plan, parks and recreation facilities as described
in the Parks and Recreation Policy Plan, environmental interpretation
facilities, outdoor environmental research or education facilities, or public
outdoor places.
Section 52. That the definition of "Public facilities" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Public facilities shall mean transportation systems or facilities, parks and
recreation and/or natural area program systems or facilities, water systems
or facilities, wastewater systems or facilities, storm drainage systems or
facilities, fire, police and emergency systems or facilities, electric utilities,
gas utilities, cable facilities or other public utilities.
Section 53. That the definition of "Sign" in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended by deleting subparagraph (12) and
renumbering subsequent subparagraphs as follows:
(12) products, merchandise or other materials which are offered for sale
or used in conducting a business, when such products, merchandise
or materials are kept or stored in a location which is designed and
commonly used for the storage of such products, merchandise or
materials; and
(13) a sign which has been found by the Landmark Preservation
22
Commission to have been an integral part of a building designated
as a historic landmark, and is a contributing feature of the historic
character of such building.
Section 54. That the definition of"Site specific development plan" in Section
5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as
follows:
Site specific development plan shall mean and be limited to a final plan as
approved pursuant to this Land Use Code; or, under prior law in effect on
the day before the effective date of this Land Use Code, any of the
following: the final plan, as approved pursuant to §29-526; the final
subdivision plat, as approved pursuant to §29-643; a minor subdivision
plat, as approved pursuant to §29-644; final site plans in the R-M District,
as provided pursuant to § 29-179; final site plans in the R-H District, as
provided pursuant to §§29-205 and 29-206; cluster development plans as
provided pursuant to §29-116; site plans in the I-L and I-P Districts, as
provided pursuant to §29-372; site plans in the RC District, as provided
pursuant to §29-419; nonconforming use review, as provided pursuant to
Chapter 29, Article 11I, Division 6; and group home review, as provided
pursuant to §29-475. In addition, a site specific development plan shall
mean a final plan or plat that was approved by Larimer County for
property which, at the time of approval, was located in the county but has
been subsequently annexed into the city. All references to districts or
sections herein pertain to the law in effect on the day before the effective
date of this Land Use Code and which is repealed by the adoption of this
Land Use Code.
Section 55. That the definition of "Street' in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
Street shall mean a public way (whether publicly or privately owned) used
or intended to be used for carrying vehicular, bicycle and pedestrian traffic
and shall include the entire area within the public right-of-way and/or
public access easement.
Section 56. Section 5.1.2 of the Land Use Code of the City of Fort Collins is
hereby amended by adding a new definition"Street sidewalk"to read as follows:
Street sidewalk shall mean the sidewalk within the right-of-way of a
public street designed to the standards specified in Design and
Construction Criteria, Standards and Specifications for Streets, Sidewalks,
Alleys and Other Public Ways or the sidewalk within the public access
easement of a private street designed in accordance with the standards
specified in section 3.6.2(K) of this Land Use Code.
23
Section 57. That the City Manager is hereby directed to forthwith establish a
citizen task force consisting of business representatives and other community members to
review the adequacy and appropriateness of City regulations pertaining to the provision
of off-street parking for office buildings constructed in the City, and to report back to the
City Council, within six months of the effective date of this Ordinance, with regard to the
recommendations of that task force and City staff.
Introduced and considered favorably on first reading and ordered published in
summary form this 16th day of May, A.D. 2000, and to be presented for final passage on
the 6th day of June, A.D. 2000.
_:;:0W_-'4 2�9�
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of June, A.D. 20
'Mayor
ATTEST:
City Clerk
24