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Home My WebLink About041 - 03/19/2013 - AMENDING THE LAND USE CODE TO ADDRESS CERTAIN RECOMMENDATIONS CONTAINED IN THE STUDENT HOUSING ACTIO ORDINANCE NO. 041, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ADDRESS CERTAIN RECOMMENDATIONS CONTAINED IN THE STUDENT HOUSING ACTION PLAN WHEREAS, based upon concerns that have been expressed by the community surrounding the issue of student housing in the City, City staff prepared the Student Housing Action Plan (SHAP) for consideration by the Planning and Zoning Board, the City Council and various other boards and commissions of the City and other entities within the City; and WHEREAS, on January 17, 2013, the Planning and Zoning Board recommended to the City Council the adoption of the SHAP and the various action items contained therein; and WHEREAS, three of the five action items proposed in the SHAP are items which call for: (1) improving the understanding of compatibility by modifying the Land Use Code to include examples of what is allowed in certain zones; (2) amending the Medium Density Mixed-Use Neighborhood (M-M-N) District development standards and Section 3.8.30 of the Land Use Code pertaining to multi-family standards in order to specify that no vehicular use area can be placed in the setback from single-family and two-family dwellings and to also include certain landscape requirements for the setbacks; and (3) amending Section 3.8.16(E)(2) of the Land Use Code to better define the requirement that dwelling units containing four or more bedrooms need to provide additional open space, recreational areas, parking areas and public facilities that are necessary in order to adequately serve the development (except for those developments that are located in the transportation overlay zone district); and I WHEREAS, the City Council has determined that these proposed amendments to the Land Use Code are in the best interests of the City and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.2.1(E)(1) of the Land Use Code is hereby amended to read as follows: (E) Landscape Standards. All development applications shall include landscape plans that meet the following minimum standards: (1) Buffering Between Incompatible Uses and Activities. In situations where the Director determines that the arrangement of uses or design of buildings I does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses, site elements or building designs, one (1) or more of the following landscape buffering techniques shall be used to mitigate the conflicts. Section 2. That Section 3.2.2(J) of the Land Use Code is hereby amended to read as follows: (J) Setbacks. Any vehicular use area containing six (6) or more parking spaces or one thousand eight hundred (1,800) or more square feet shall be set back from the street right-of-way and the side and rear yard lot line (except a lot line between buildings or uses with collective parking) consistent with the provisions of this Section, according to the following table: F_ Minimum average of entire landscaped setback Minimum width ofsetback area at any point (feet) (feet) Along an arterial street 15 1T 5 ! Along a nonarterial street 10 I 5 Along a lot line* T 5 5 * Setbacks along lot lines for vehicular use areas may be increased by the decision maker in order to enhance compatibility with the abutting use or to match the contextual relationship of adjacent or abutting vehicular use areas. Section 3. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby amended to read as follows: (K) Parking Lots -Required Number of Off-Street Spaces for Type of Use. (1) Residential and Institutional Parking Requirements. Residential and institutional uses shall provide a minimum number of parking spaces as defined by the standards below. (a) Attached Dwellings: For each two-family and multi-family dwelling there shall be parking spaces provided as indicated by the following table: Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit* 2 r--' ; One or or less 1.5 Two 1.75 Three 2.0 iFour and above — ___73.0 * Spaces that are located in detached residential garages (but not including parking J structures) or in attached residential garages, which attached garages do not provide direct entry into an individual dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost(beyond the dwelling unit rental rate or purchase price). 1. Multi-family dwellings and mixed-use dwellings within the Transit-Oriented Development (TOD) Overlay Zone shall have no minimum parking requirements. Section 4. That Figure 6 contained in Section 3.4.7(F)(2) of the Land Use Code is hereby amended to read as follows: Figure 6 Building Patterns NEW � 1 II na II i i 3 Section 5. That Section 3.5.1(C) of the Land Use Code is hereby amended to read as follows: (C) Building Size, Height, Bilk, Mass, Scale. . Buildings shall either be similar in size and height,'or, if larger, be articulated and subdivided into massing that is proportional to the mass and scale of other structures, if any, on the same block face, abutting or adjacent to the subject property, opposing block face or cater- corner block face at the nearest intersection. (See Figure 7a & 7b.) Infill Buildings Figure 7a THIS NOT THIS 4 Figure 7b TINS 7.i.)wn u.l(n EKi Nq �Mn' ¢Yt( N'Ui �RPrrY-�i S,JU UN� zrd.ai-q �A �- i _1 r,J'Ra'ry.. � It r �rn�ty- W�fr.F w;f a+uNN un�l I-- 5 1 z5'.rir-ru-yncol P Section 6. That Section 3.5.1(H) of the Land Use Code is hereby amended to read as follows: (H) Land Use Transition. When land uses with significantly different visual character are proposed abutting each other and where gradual transitions are not possible or not in the best interest of the community, the development plan shall, to the J maximum extent feasible, achieve compatibility the provision of buffer'yards and passive open space in order to enhance the separation between uses. Section 7. That Section 3.8.16(E)(2) of the Land Use Code is hereby amended to read as follows: (E) Increasing the Occupancy Limit. 5 (2) With respect to multiple-family dwellings, the decision maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a written request from the applicant and upon a finding that all applicable criteria of this Land Use Code have been satisfied, increase the number of unrelated persons who may reside in individual dwelling units. The decision maker shall not increase said number unless satisfied that the applicant has provided sufficient additional amenities, either public or private, to sustain the activities associated with multi-family residential development, to adequately serve the occupants of the development and to protect the adjacent neighborhood. Such amenities may include, without limitation, passive open space, buffer yards, on-site management, recreational areas, plazas, courtyards, outdoor cafes, limited mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters, shuttle services or other facilities and services. Section 8. That Section 3.8.30(17)(1) of the Land Use Code is hereby amended to read as follows: (1) Orientation and buffer yards. Buffer yards along the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. Section 9. That Section 5.1.2 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions "Buffer yards" and "Passive open space" which read in their entirety as follows: Buffer Yards shall mean land area devoted to providing separation between two land uses of different intensity for the purpose of providing a transition in order to promote neighborhood compatibility. Such area may consist of passive open space, landscaping, fences, walls, earthen berms, topographic elevation changes or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block or mitigate noise, lights, or other aspects of the urban environment. Passive Open Space shall mean land area devoted exclusively to activities such as walking, nature walks, wildlife observation, sitting, picnicking, card games, chess, checkers, and similar table games, which space may be used in conjunction with buffer yards. 6 Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. of FORTC Z Ma r� � N ATTEST: �G�c� c O�ORAD0 City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. M*or ATTEST: y/ �y of FORT City Clerk O�ORADO r 7