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HomeMy WebLinkAbout110 - 10/01/1991 - AMENDING CITY CODE RELATING TO THE R-M, R-H, B-L AND B-G ZONING DISTRICTS ORDINANCE NO. 110, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE RELATING TO THE R-M, R-H, B-L AND B-G ZONING DISTRICTS WHEREAS, the Council of the City of Fort Collins does hereby declare that this Ordinance is supported by the findings and determinations of the Council as established pursuant to Resolution 91-126 of the Council of the City of Fort Collins dated September 17, 1991 . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 29, Article III, Division 3 of the Code be amended as follows: Section 1 . That Subdivision G. , R-M Medium Density Residential District, Section 29-179 of the Code is hereby amended to read as follows: Sec. 29-179. Use Conversions. The conversion from one use to any use permitted in this district other than to a single-family or two-family dwelling, church, or group home shall require a Site Plan Design Supplemental Review and approval by the Planning and Zoning Board according to Article III, Division 4, Subdivision G of this Chapter, provided that the applicant may request administrative review and approval under § 29-521 if the proposed conversion will not: (1) add more than twenty-five (25) percent of new habitable floor area to existing buildings on site; or (2) eliminate more than ten (10) percent of existing habitable floor area. In conducting the review and making a decision, the Director of Planning or the Planning and Zoning Board shall determine whether the conversion conforms to Section 29-526 (D) Activity A, "All Development Criteria" of the Code, the Design Standards for the neighborhood planning area and the standards for any applicable historic district or structure. If the conversion conforms, it shall be approved; if the conversion does not conform, it shall be denied. Section 2. That Subdivision H. , R-H High Density Residential District, Sections 29-204 through 29-206 of the Code are hereby repealed, and Section 29- 204 is reenacted to read as follows, with Section 29-207 to be renumbered accordingly: Sec. 29-204. Use Conversions. The conversion from one use to any use permitted in this district other than to a single-family or two-family dwelling, church, or group home shall require a Site Plan Design Supplemental Review and approval by the Planning and Zoning Board according to Article III , Division 4, Subdivision G of this Chapter, provided that the applicant may request administrative review and approval under § 29- 521 if the proposed conversion will not: (1) add more than twenty-five (25) percent of new habitable floor area to existing buildings on site; or (2) eliminate more than ten (10) percent of existing habitable floor area. In conducting the review and making a decision, the Director of Planning or the Planning and Zoning Board shall determine whether the conversion conforms to § 29-526 (D) Activity A, "All Development Criteria" of the Code, the Design Standards for the neighborhood planning area, and the standards for any applicable historic district or structure. If the conversion conforms, it shall be approved; if the conversion does not conform, it shall be denied. Section 3. That Subdivision N. , B-L Limited Business District, Section 29-302 of the Code is hereby amended to read as follows: Sec. 29-302. Permitted uses. The following uses shall be permitted in the B-L District, provided that any use shall be separated from abutting residential zoning districts by a solid fence or wall at least six (6) feet in height, and further provided that any use shall comply with the landscape requirements set forth in § 29-304: (1) Any use permitted in the R-M, Medium Density Residential District. (2) Printing and copying services whose business consists primarily of serving retail customers. (3) Banks, savings and loan and finance companies. (4) Standard and fast-food restaurants. (5) Indoor theaters. (6) Membership clubs. (7) Offices and clinics. (8) Personal service shops. (9) Retail stores. (10) Laundry and dry-cleaning outlets whose business consists primarily of serving retail customers. 2 (11) Limited indoor recreation uses, provided that all such activities are conducted entirely within an enclosed structure. (12) Small animal veterinary clinics. (13) Aquarium shops. (14) Public utility installations, excluding repair and storage facilities. (15) Accessory buildings and uses. (16) Churches, provided that such uses comply with the lot area, front yard, rear yard, side yard and off-street parking minimum requirements as set forth in § 29-201 et seq. (17) Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29-526. (18) Child-care centers. (19) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. Section 4. That Subdivision N. , B-L Limited Business District, Section 29-304 of the Code, is hereby repealed and reenacted to read as follows: Sec. 29-304. Landscape requirements. (a) Any use in the B-L District shall require that a landscape plan complying with § 29-526 (G) (4) (c) shall be submitted to and approved by the Director of Planning. The Director of Planning shall take action to approve or disapprove any such plan utilizing Criteria 42, 43, and 44 of § 29-526 (D) Activity A, "All Development Criteria" , within fourteen (14) days after the plan is submitted to the Director of Planning. Appeals from the decision of the Director of Planning may be taken by any party in interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with rules and procedures established in Sections 2-48 and 2-49 of the Code. In the event of such an appeal , the Planning and Zoning Board shall conduct a new hearing on the Plan, and after the hearing, the Plan shall either be approved, disapproved, or approved with conditions. Any party in interest may further appeal the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provisions of Chapter 2, Article II, Division 3 of the Code. (b) No occupancy permit for any development in the B-L District shall be issued unless all landscaping in the development has been 3 installed in accordance with an approved landscape plan for such development. If such landscape installation has not been completed, an occupancy permit may be issued upon receipt by the Financial Officer of a cash deposit, landscape bond, letter of credit or other satisfactory guarantee in an amount equal to the estimated cost of the landscaping improvements to be installed. The amount of such guarantee shall be sufficient to cover the cost of the installation of all landscaping which is shown on the approved landscape plan and which has not yet been installed. In the absence of an executed contract to install such landscaping, landscape cost estimates shall be determined by a City approved appraisal . The cash deposit, bond, letter of credit or other guarantee shall be released upon certification by the Building Permits and Inspections Administrator that the required landscape installation has been completed. Section 5. That Subdivision P. , B-G General Business District, Section 29-337 of the Code is hereby amended by amending subparagraph (15) and by the addition of subparagraph (20) , with subsequent renumbering, to read as follows: Sec. 29-337. Uses permitted. (15) Standard and fast-food restaurants; bars. (20) Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined processed and approved according to § 29-526. Introduced, considered favorably on first reading, and ordered published this 17th day of September, A.D. 1991, and to be presented for final passage on the 1st day of October, A.D. 1991. M yor ATTEST: Cl.1 City Clerk Passed and adopted on final reading this 1st day of October, A.D. 1991 . Mayo' ATTEST: 1 Q City Clerk 4