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HomeMy WebLinkAbout068 - 07/06/2010 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 068, 2010 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 its adoption of Ordinance No. 051, 1997, the City Council enacted 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 the City 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, City staff 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 City Council has determined that the recommended Land Use Code amendments 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 an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in paragraph (B) 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, 1 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; l (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 a medical marijuana dispensary or a medical marijuana cultivation facility. (B) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1 provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under paragraph (C) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. (C) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with paragraph (A) above, such use shall be promptly considered for an amendment to the text of this Land Use Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Land Use Code at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under (A) above. (D) 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 2.2.6(A) of the Land Use Code is hereby amended to read as follows: 2 2.2.6 Step 6: Notice (A) Mailed Notice. The Director shall mail written notice to the owners of record of all real property within eight hundred (800) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land for which the development is planned. Owners of record shall be ascertained according to the records of the Larimer County Assessor's Office, unless more current information is made available in writing to the Director prior to the mailing of the notices. If the development project is of a type described in the Supplemental Notice Requirements of Section 2.2.6(D), then the area of notification shall conform to the expanded notice requirements of that-,Section. In addition, the Director may further expand the notification area. Formally designated representatives of bona fide neighborhood groups and organizations and homeowners' associations within the area of notification shall also receive written notice. Such written notices shall be mailed at least fourteen (14) days prior to the public hearing/meeting date. The Director shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Director to the nearest streets or other distinctive physical features which would create a practical and rational boundary for the area of notification. The applicant shall pay postage and handling costs as established in the development review schedule. Failure to mail such notice shall not affect the validity of any hearing, meeting or determination by the decision maker. Section 3. That Section 2.2.11(A) of the Land Use Code is hereby amended to read as follows: 2.2.11 Step 11: Lapse (A) Application Submittals. An application submitted to the city for the review and approval of a development plan must be diligently pursued and processed by the applicant. Accordingly, the applicant, within one hundred eighty (180) days of receipt of written comments and notice to respond from the city on any submittal (or subsequent revision to a submittal) of an application for approval of a development plan, shall file such additional or revised submittal documents as are necessary to address such comments from the city. If the additional submittal information or revised submittal is not filed within said period of time, the development application shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing one hundred eighty (180) day requirement, which extension may not exceed one hundred twenty (120) days in length, and one (1) additional extension which may not exceed sixty (60) days in length. This subsection (A) shall apply to 3 applications which are, or have been, filed pursuant to this Land Use Code and to applications which are, or have been, filed pursuant to the laws of the city for the development of land prior to the adoption of this Land Use Code. 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 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 effective date of annexation. 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 final plan approval. 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 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 (A) two (2) years from the effective date of annexation; (B) if such illegal use is the subject of a -county-initiated zoning or nuisance enforcement action, then within the time established by, the court as a result of such enforcement action; or (C) if such illegal use is the subject of a zoning or nuisance complaint filed with the county and determined by the Director to be bona fide (but which has not become the subject of an enforcement action under 4 (B) above or, if it has become the subject of an enforcement action, such action has been dismissed by the court for lack of county jurisdiction because the property has been annexed into the city), then ninety (90) days from the effective date of annexation, whichever comes first. With respect to the time limit established in (C) above, the Director may extend said time for an additional duration not to exceed one hundred eighty (180) days if necessary to prevent or mitigate undue hardship or manifest injustice. Section 5. That Section 3.3.2(B) of the Land Use Code is hereby amended to read as follows: 3.3.2 Development Improvements (B) Development Agreement At the time the plans, profiles and specifications required in this Division are approved, the applicant shall enter into an agreement providing for the installation of all improvements in the subdivision required by this Land Use Code. Such agreement shall establish and set forth the extent to which the city is to participate in the cost of constructing any public improvements, including, without limitation, collector or arterial streets. No final plan or plat or other site specific development plan shall be approved by the city or recorded until such agreement has been fully executed. Such agreement shall further provide that the applicant will fully account to the city for all costs incurred in the construction of any public improvement in which the city is participating, and the books and records of the applicant relating to such public improvement shall be open to the city at all reasonable times for the purpose of auditing or verifying such costs. Such agreement (and any amendments thereto) shall be recorded by the City with the Larimer County Clerk and Recorder with all recording costs to be paid to the City by the applicant. Section 6. That Section 3.5.2(D)(6) of the Land Use Code is hereby amended to read as follows: 3.5.2 Residential Building Standards (6) Setbackfor Windmills. Windmills shall be set back from the property lines a minimum of one (1) foot for every foot of height of the structure measured from the ground to the top of the highest blade of the windmill; provided, however, that if the applicant demonstrates with a certified analysis of a licensed professional engineer that the structure will collapse rather than topple, then this requirement may 5 be waived by the Director. Shadow flicker shall not be allowed to cross any property line. Section 7. That Section 3.5.3(B)(2)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph 5 which reads in its entirety as follows: 3.5.3 Mixed-Use, Institutional and Commercial Buildings 5. in order to conform to an established pattern of building and street relationships, a contextual build-to line may fall at any point between the required build-to line and the build-to line that exists on a lot that abuts, and is oriented to, the same street as the subject lot. If the subject lot is a corner lot, the contextual build-to line may fall at any point between the required build-to line and the build-to line that exists on the lot that is abutting and oriented to the same street as the subject lot. A contextual build-to line shall not be construed as allowing a vehicular use area between the building and street. Section 8. That Section 3.8.7(D) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: (D) General Limitations for Nonresidential Districts and Uses. (7) In addition to the sign allowance calculation described in subsection (6) of this section, a building located in the Downtown (D) zone district that abuts an alley which has been improved pursuant to the Downtown Development Authority's Alley Enhancement Project may be allowed one (1) flushwall sign not to exceed six (6) square feet, or one (1) projecting wall sign not to exceed six (6) square feet per side, on the rear wall of such building, provided that a public entrance to the business(es) advertised on the sign exists in said wall. Section 9. That Section 3.8.7(N)(2) of the Land use Code is hereby amended to read as follows: (N) Banners and Pennants. (2) Notwithstanding the size and time limitations contained in subsection (1) above, noncommercial banners or pennants may be larger in.size and displayed for such additional periods of time as may be established by the City Manager during community events that, in the 6 judgment of the City Manager, advance a goal or policy of the City Council and contribute to the health, safety or welfare of the city. Section 10. That Section 4.5(E)(3) and (4) of the Land Use Code is hereby amended to read as follows: (E) Development Standards (3) Maximum Residential Building Height. The maximum height of one, two-, and three family dwellings shall be two and one-half (2.5) stories. (4) Design Standards for Multi-Family Dwellings Containing More Than Eight (8) Dwelling Units and for Multi-Family Dwellings Containing Between Four (4) and Eight (8) Dwelling Units When Three (3) or More Stories in Height. Each multi-family dwelling containing more than eight (8) dwelling units and each multi-family dwelling containing between four (4) and eight (8) dwelling units when located in a building of three (3) or more stories in height, shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. The following specific standards shall also apply to such multi-family dwellings: Section 11. That Section 4.9(B)(3)(a)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 2. Multi-family dwellings containing more than four (4) dwelling units per building at a density of more than twenty four (24) dwelling units per net acre, provided that such multi-family dwelling is located within a street-fronting principal building. Section 12. That Section 4.12(B)(1)(a) of the Land Use Code is hereby amended to read as follows: 7 (B) Permitted Uses. (1) The following uses are permitted in the T District: (a) No use shall be permitted of properties in the T District except such legal use as existed on the date the property was placed into this zone district. No permanent structures shall be constructed on any land in this District, except that at the time of zoning or rezoning of the property into this District the City Council may grant a variance permitting the installation or enlargement of a permanent structure containing a legal use which was existing, or is ancillary to the legal use of the property, at the time of such zoning or rezoning upon the following conditions: Section B. That the table contained in Section 4.16(B)(2)C of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center t ! i d 'i)..nJ� t.�y ly ftl v� �(tYa 1 at fA C- COMMERCIAL/RETAIL(Contd) + d, - L �t„r..Ixt,'1 Outdoor amphitheaters Type 2 Type 2 Type 2 Section 14. That Section 4.17(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 7 which reads in.its entirety as follows: 7. Outdoor amphitheaters. i Section 15. That Section 4.18(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 13 which reads in its entirety as follows: 13. Outdoor amphitheaters. Section 16. That Section 4.19(B)(3)(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. Outdoor amphitheaters. Section 17. That Section 4.20(B)(2)(c)8 of the Land Use Code is hereby deleted in its entirety and all subparagraphs thereafter be renumbered accordingly: 8 Section 18. That Section 4.20(B)(3)(c) of the Land Use Code is hereby amended by the addition of new subparagraphs 6 and 7 which reads in their entirety as follows: 6. Entertainment facilities and theaters. 7. Outdoor amphitheaters. Section 19. That Section 4.21(13)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 17 which reads in its entirety as follows: 17. Outdoor amphitheaters. Section 20. That Section 4.22(B)(2)(c)14 of the Land Use Code is hereby amended to read as follows: 14. Vehicle sales and leasing establishments for-cars and light trucks.* * Vehicle sales and leasing for cars and light trucks shall be limited to ten (10) percent of the total linear frontage of both sides of North College Avenue between Vine Drive and the northern city limits or the intersection of North College Avenue and State Highway 1, whichever results in the shortest linear distance. These uses shall be located at least one hundred fifty (150) feet from South College Avenue. Section 21. That Section 4.22(13)(3)(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. Outdoor amphitheaters. Section 22. That Section 4.23(B)(3)(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. Outdoor amphitheaters. Section 23. That Section 4.26(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 12 which reads in its entirety as follows: 12. Outdoor amphitheaters. Section 24. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of new definition "Outdoor amphitheater"which reads in its entirety as follows: Outdoor amphitheaters (other than community facilities) shall mean permanent stage and seating facilities that are open or partially open to the outdoors, the principal use of which is the showing of motion pictures or the 9 presentation of dramatic, musical or live performances, which facilities are accessible to persons only by permission given at the doors or gates. Introduced, considered favorably on first reading, and ordered published this 15th day of June, A.D. 2010, and to be presented for final passage on the 6th day of July, A.D. 2010. Mayo ATTEST: City Clerk , Passed and adopted on final reading on the 6th day of J .D. 2010. Mayo ATTEST: City. Clerk 10