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HomeMy WebLinkAbout151 - 12/07/1993 - AMENDING CITY CODE IMPLEMENTING PORTIONS OF THE NEIGHBORHOOD COMPATIBILITY STUDY AND MAKING OTHER CH ORDINANCE NO. 151, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 29-526 AND 29-527 OF THE CODE OF THE CITY FOR THE PURPOSE OF IMPLEMENTING PORTIONS OF THE NEIGHBORHOOD COMPATIBILITY STUDY AND OF MAKING CERTAIN OTHER CHANGES WHEREAS, the Land Development Guidance System ("LOGS") Audit of 1990 identified the need to better define the term "neighborhood compatibility" as used in the review of planned unit developments proposed for approval by the City, and to define a process to be used to determine the compatibility of such developments; and WHEREAS, for the past 18 months, the staff, a consultant team and the project advisory committee have prepared an analysis of the issues related to neighborhood compatibility; and WHEREAS, as a result of said effort, the "Neighborhood Compatibility Study" ("the Study") has been prepared and presented to the Council , which Study proposes new "All Development Criteria" to be included in the LOGS; and WHEREAS, in addition to the recommendations contained in the Study, City staff has proposed certain additional amendments to better define the criteria of the LOGS and to otherwise improve the process by which planned unit development proposals are reviewed by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Sections 29-526 and 29-527 of the Code of the City shall be amended as follows: Section 1. That Section 29-526(B) (13) is hereby amended to read as follows: (B) (13) To ensure that development proposals are sensitive to the character of existing neighborhoods. Section 2. That Section 29-526(C)(2) is hereby amended to read as follows: (C) (2) Types of Criteria The Land Development Guidance System contains two types of review criteria: numbered and lettered criteria. Numbered criteria are absolute requirements each development must satisfy before approval can be granted. These criteria are grouped into three categories known as "Community-Wide Criteria, " "Neighborhood Compatibility Criteria" and "Engineering Criteria. " Each of the applicable numbered criteria must be answered YES before approval can be granted. Lettered criteria are the "points" or variable criteria of the system. Each development must achieve a 1 specified minimum percentage of these criteria. The numbered criteria are designed to address public service requirements, site design elements, and reduce negative external impacts of development. All criteria apply unless the city determines that a particular criterion is not applicable. A criterion is considered to be applicable if it is reasonably capable of being applied to the development. Section 3. That Section 29-526 (D) is hereby amended by deleting from the title thereof the words "Design Standards and" and replacing said words with the word "Review"; by adding a new subparagraph (1) to read as set forth below; by repealing and readopting the "Activity A: All Development Criteria" and the "All Development: Numbered Criteria Chart," to read as set forth below; and by adding a new title heading for subparagraph (2) to read "All Development and Specific Use Review Criteria" : (D) Review Criteria (1) Introduction to All Development Criteria. (a) General Introduction. The All Development Criteria cover a range of issues that can arise during the development review process. One of the assumptions upon which the LOGS is based is that any land use likely to occur in the community can, in most cases, be made compatible with any neighboring land use through careful design and buffering. Similarly, two otherwise compatible uses can become incompatible as a result of poor design and buffering. The LOGS is also based on the assumption that increasing the opportunity for higher density residential development and mixed land uses is good for the community. While the land use review for planned unit developments is done on the basis of the lettered criteria (Land Use Activity Charts) and a proposed use may be supported on the lettered criteria, the LDGS acknowledges that land use conflicts may arise between existing and proposed uses. These conflicts must first be identified and secondly, alleviated or mitigated through various design techniques. In some cases, adequate mitigation may not be able to be accomplished, in which case, the proposed development shall be determined to have failed one or more of the All Development Criteria. (b) Land Use Conflicts Chart. The Land Use Conflicts Chart shall be used to identify the kinds of conflicts that are presumed to exist between different land uses - whether they are neighboring land uses within the development or are adjacent to the development. The types of conflicts on this chart are noise, odor, light and shadow; aesthetics; privacy; access; and safety. 2 Use of the chart promotes the identification of issues related to land use conflicts that shall be considered in evaluating a proposal 's compliance with the All Development Criteria. Once conflicts are identified, design measures shall be considered and incorporated into the plan, to mitigate conflicts between land uses. Design measures may include open space setbacks and buffers, landscaping and topographic changes, building orientation, barriers and architectural treatment, or a combination thereof. In the event adequate mitigation cannot be provided, the proposed development shall be determined to have failed one or more of the All Development Criteria. When two (2) adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use. When a use is the first to develop on two (2) adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the City. The second use to develop shall , at the time it develops, take all additional steps necessary to mitigate conflicts. 3 Consider each development u a wools. Alsand neighboring new Imd Land Use C o n f I i e is rases in reluiooship m one soother and to neighboring land i .. his chart shows likely conflicts between land C uses. he All Development o Criteria eve concemed with — ,v Jes Of Conflicts' avoiding or midgating smh o, o conflicts. Use this chart to > o help identify mnnicts. noise, odor, light, Land Uses =� Shadow I � ` aesthetics Active RecreatIcr, ^� L privacy 7 — CCCeSS t Density �,� = x safery u VcderaTe h` Density z o I n At M u Office/Suslness I x x x O Commercial C0 I Industrial. ! j Railroad o 0 Parking Lots l c Airportnd Flight Pataterns Collector Street = Arterial Street _ �\ 4 (c) Community-Wide Criteria. These criteria are based in community-wide policy and comprehensive planning. Community-wide issues may be of concern to people who live or work in the neighborhood, but they are also of concern to the broader community. Preliminary and final plans shall comply with these criteria. (d) Neighborhood Compatibility Criteria. These criteria deal with the aspects of development proposals that directly affect the immediate surroundings and neighborhoods. The intent of these criteria is to ensure that development proposals are sensitive to and maintain the character of existing neighborhoods. Developments that are proposed in areas that do not yet have a well defined character are expected to set the standard of quality for future development. "Compatibility" as used in this section of the criteria does not require that development proposals be "the same as," but that they must fit in with, be sensitive to, and complement their surrounding environment and neighborhood. The neighborhood is best characterized as any area of the community that has a common interest in the development being proposed. The area of common interest will vary, depending on the size, scale and intensity of land use being proposed on a given site. Preliminary and final plans shall comply with these criteria. The criteria used to evaluate neighborhood compatibility are stated individually; however, their intent is to facilitate an evaluation of a development as a whole, in the context of its surrounding neighborhood(s) . Criteria relating to architectural design, setbacks and landscape deal with attributes of the development that impact one another. There may be "trade-offs" as to which attribute is emphasized. Landscaping and setbacks may be used to diminish the visible impact of certain architecture, or to make other architecture more prominent. There are also criteria that deal with attributes that relate to the intensity of activity of the proposed land use, such as noise, lighting and traffic. The appropriateness of this intensity, as well as the need for mitigation, must be interpreted in the context of the neighborhood's character. (e) Engineering Criteria. These criteria relate to the provision of basic services and avoidance of hazards and are based in community planning and administration for public health, safety and welfare. These issues may be of concern to people who live or work in the neighborhood, but they are also of concern to the broader community. Preliminary and final plans shall comply with these criteria. (2) All Development and Specific Use Review Criteria 5 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.1 Solar Orientation Do at least sixty-five (65) percent of the lots less than fifteen thousand (15,000) square feet in area in single- and two-family residential developments conform to the definition of a "solar-oriented lot" in order to preserve the potential for solar energy usage? Solar-oriented lot shall mean: (1) A lot with a front lot line oriented to within thirty (30) degrees of a true east-west line. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot; or (2) A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty(30) degrees of true north along said line; or (3) A comer lot with a south lot line oriented to within thirty(30)degrees of a true east-west line. The south lot line must adjoin a public street or permanently reserved open space. the adjacent street right-of-way or open space shall have a minimum north-south dimension of at least fifty (50) feet. (For purposes of this definition, "permanently reserved open space" includes, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds,irrigation ditches and reservoirs, lakes, ponds,wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space.) 6 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.2 Comprehensive Plan Is the development in accordance with the adopted elements of the Comprehensive Plan? CHART A-1. COMMUNITY-WIDE CRITERIA A-1.3 Wildlife Habitat If the site contains an area which serves as a habitat, natural food source, nesting place, wintering place, or source of water for wildlife identified by the Colorado Division of Wildlife as significant and in particular need of attention, have special precautions been implemented in the plan to prevent the creation of environmental influences adverse to the preservation of these areas? 8 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.4 Mineral Deposit If the project includes an area known to contain a commercial mineral deposit for which extraction is or will be commercially feasible, has the project been designed not to preclude extraction? 9 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.5 Ecologically Sensitive Areas Ecologically sensitive areas (reserved). 10 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.6 Lands of Agricultural Importance Lands of agricultural importance (reserved). 11 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.7 Energy Conservation Are the elements of the site plan (e.g., buildings, circulation, open space, and landscaping) located and designed, to the extent feasible, to protect access to sunshine for planned solar energy systems and/or for solar oriented rooftop surfaces which can support a solar collector or collectors capable of providing for the anticipated hot water needs of the buildings in the project between the hours of 9:00 AM and 3:00 PM MST, on December 21? 12 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.8 Air Quality Will the project conform to applicable local, state and federal air quality standards, including, but not limited to: odor, dust, fumes or gases which are noxious, toxic or corrosive; suspended solid or liquid particles; or any air contaminant which may obscure an observer's vision? 13 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.9 Water Quality Will the project conform to applicable local, state and federal water quality standards, including, but not limited to: erosion and sedimentation, runoff control, solid wastes, and hazardous substances? 14 CHART A-1. COMMUNITY-WIDE CRITERIA A-1.10 Sewage and Wastes Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable federal, state and local standards? 15 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.1 Vehicular, Pedestrian and Bicycle Transportation Can the additional traffic (vehicular, pedestrian and bicycle traffic) generated by the land uses within the project be incorporated into the neighborhood and community transportation network without creating safety problems? Can impacts from the additional vehicular traffic meet city traffic flow delay policies? Can pedestrian and bicycle needs be addressed so that opportunities for these travel modes are integrated into the overall city pedestrian and bicycle system? NIMMONS PURPOSE Transportation planning is an element of growth If the proposed project is located along a Federal or management and is therefore an integral part of the State Highway such as College Avenue (U.S. development review process. During the Highway 287)or Harmony Road(State Highway 68), development review process, transportation aspects of the applicant will need to review the South College the project are examined to see that City Avenue Access Control Plan or the Harmonv Road Transportation policies are being met. The Access Control Plan respectively. These plans transportation status quo may change as streets reach regulate access along portions of these arterial streets. their intended capacity or when community need Copies are available in the Planning Department. dictates a change. Reasons for transportation The Downtown Plan, East Side Neighborhood Plan planning include: and West Side Neighborhood Plan also contain transportation policies that should be reviewed for ■ To address the community's transportation needs. developments proposed within the boundaries of these ■ To understand the impacts future growth will planning areas. have on the transportation system. IN To incorporate historical patterns and existing community-wide expectations, as well as THE EVALUATION PROCESS environmental and topographical concerns. The development review process is designed to seek ' a balance between neighborhood concerns and INFORMATION REQUIRED community-wide transportation needs. Many elements are considered when evaluating a proposed Projects will be required to submit a Transportation project's collective transportation impacts that affect Impact Analysis (TIA)*. Specific requirements for the community and neighborhood. The following what is included within a Transportation Impact issues are considered during the evaluation process Analysis may vary depending on the complexity of and form the basis of the Transportation Impact the project. Applicants should discuss requirements Analvsis Guidelines. with a transportation planner prior to submittal and obtain a copy of Transportation Impact Analysis Guidelines. * Until new Transportation Impact Analysis Guidelines am developed,current Traffic Impact Analysis Guidelines will be used. 16 ■ Street Classification System ■ Community Transportation System Continuity The five roadway classifications used in Fort It is important to ensure that the transportation Collins are identified on the following chart: network (streets, transit, bike lanes, sidewalks, etc.) connect into the City's overall Street Classification Travel R-O-W speed vehicles/day transportation plan. and purpose Lanes width mph in thousands ■ Safety Major Arterial Safety is considered in all projects and is a Connect major activity centers. 6 120' 40.50 20.50 p � judgement based on accident data, as well as Arterial national and local standards. Safety applies to all Interconnect and augment 4 100' 30-40 30-40 elements of transportation review. major arterial streets. ■Minor Arterial Traffic Flow on Arterial Collect and distribute business 2 68' 30.15 5-I5 The city needs to maintain and maximize and commercial traffic while efficient traffic flow on arterial roadways. augmenting arterial streets. • Signalized and non-signalized intersection Couector operation. Collect and distribute traffic 2 68' 5-30 2.5-5 fromm residential and business Adopted transportation policies have identified areas w the arterial and major peak hour traffic level of services (LOS) D or arterial street system. above, as desirable within our community. Left and right turn bays and other operational Local improvements are also considered. Transport residential traffic. 2 54' 25 2 or less This category includes loop ■ Future streets, cul de sacs and residential roads. A traffic impact analysis is required to examine present traffic conditions combined with future • Sidewalks are included in all street classifications. project traffic in the development area. • Bike facilities are included in all but local street classifications. ■ National Standards National and local traffic engineering standards are used to provide a consistent approach that reduces potential liability and increases safe use of the transportation system. 17 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.2 Building Placement and Orientation Are buildings and other site plan elements (such as fences and parking facilities) oriented on the lot in a way that is consistent with the established neighborhood character? PURPOSE NEIGHBORHOOD INTEGRATION The purpose of the above criterion is to ensure that Neighborhood character and context should be the way in which the physical elements of the site considered when making decisions about placement of plan are arranged on the site: (1) is adequate for the buildings and other uses, purposes of the proposed land use, and; (2)considers neighborhood character. The following design guidelines deal with building placement and Ik orientation as it relates to function of the land use, _; i `a` s neighborhood integration, privacy and aesthetic considerations. _ 1 I{ r•. FUNCTIONAL CONSIDERATIONS Design building configurations with an understanding of their implications for shaping outdoor space. When a development is proposed to be located Design recreation areas so they are accessible to the between a neighborhood and a public place such as a residents they are intended to serve. The amount of shopping center, library, church or park, the design enclosure and the resulting degree of spatial of the site plan should maintain access to the public perception partially depends on the distance to height space or use, and where possible, reinforce and ratio between a person standing in an outdoor space enhance the visibility and usefulness of the access. and the height of the surrounding walls. it IIl u;I�uw I d „k,. AESTHETIC CONSIDERATIONS 11 .101W er.toct„e Orient buildings and/or facades to the public street II when possible. Unattractive elements, such as I is IIIIII{I V III {i 1nlm service areas and loading docks should be located out I IIIIIIInI1 nr LIIO 1 a n III ❑uIIIIII lI n o 1 u I of public view. y I nI.•u null uuul ,II. III IIfB A I III{IIIII'1Ip , � I III IIII I I I11 '„ n Iln � • of al{rrin I`I III" I'I {Yl�flt4j11 If backs or sides of buildings are oriented toward Illltl ,'1 IIIIII,'lll{` fJ1 IPo11); Rk1 'q ( � {{ jI}III{I{,I" public streets, provide visual interest along the street Willi 1 Ij Ij)ig11n I through architectural detail, landscaping, berming or a combination of the above. IIy IM$ JIIIi;I II ` • I 11�IIjI(Il�lll } Jy ` I tIJ lift'{IIIII X {In 1{ Illjjl n/t� {{III f1111111111I1 II yt `` Service eme oriented 0"Y bom Cub/iv street. - 18 PRIVACY CONSIDERATIONS The effects of high winds can be mitigated by siting buildings so that the larger surface areas of the Arrange elements of the site plan to maximize the buildings are oriented parallel to prevailing winds. opportunity for privacy by the residents of the project Trees, fences and berms can also be used to reduce and avoid infringing on the privacy of adjoining land wind force. uses. Some activities should be highly visible, others minter wlndz `. should be screened for visual or sound privacy. \ Consider transitions from public to private spaces and use architectural and landscape elements to clarify and define these transitions. rransin.o/public span ro private i space n a rasimnlial seninp. a ���` ta' l, Summar Breex Land/onn and plant matena!modify I it 1 ii Idy Semi-au04 /yeq Sem-prrvnr /40a[SI.x1 M...Y Siyr�l! F (YN Rir�le Create opportunities for interactions between neighbors without sacrificing privacy or security. CLIMATIC CONSIDERATIONS Orient buildings to maximize solar gain and minimize heat loss. Landform can be used to modify microciimate. For example, south-facing sloped surfaces can be used to establish areas that receive direct winter sun with resulting warmer surface and air temperatures. Similarly, sun pockets with a southern orientation can be created with landform to provide spaces that are warmer and more enjoyably used for longer periods of the year. 19 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.3 Natural Features Do the physical elements of the site plan adapt well to the physical characteristics of the site and minimize the disturbance of topography, water bodies, streams, wetlands, wildlife habitats, vegetation and other natural features? PURPOSE Ensure that all areas of the site plan will drain properly without adversely impacting adjacent The purpose of the above criterion is to ensure that properties. the way in which the physical elements of the site plan are arranged on the site respects the existing Multi-level buildings should follow the general slope topography,streams and/or water bodies, vegetation, of the site in order to keep the building height and and wildlife habitats. profile in scale with surrounding features. Structures should be placed down from the top of the TOPOGRAPHIC CONSIDERATIONS slope if the building is to blend into the landscape, rather than being a prominent focal point. In most cases, it is desirable to preserve the existing topography and maintain natural drainage systems. Special, interesting and/or unique topographical features such as streams, wetlands, rock outcrops, unusual or scenic erosional features, etc. should be retained intact, r (s Site buildings and design streets and parking areas to minimize the amount of cut and fill necessary. Grading that is required should be done in such a manner that the resulting landforms are smooth and naturalistic as opposed to abrupt and rigidly engineered. Use grading to reinforce the design nornris concept. Bpi/pi/I,pS p/K'e0 e!tM top or hft te/,y to OI mWe promnent in Me /pnCscape,while OuiM/nys.vt pegw tM top wrM mop ieepily ONnp into tpe lenduepe. , - r - v c r V VEGETATION AND HABITAT CONSIDERATIONS lIl/S Preserve desirable existing vegetation or wildlife habitat areas where possible. The City's Natural J Resources Department can evaluate vegetation and wildlife habitat to determine its relative value. Examples of significant vegetation or habitat areas include, but are not limited to: Trees over six inches in caliper Masses of small trees Large shrub masses that provide wildlife habitat Wetland and other natural areas Rare or endangered species 20 No grading should occur within drip lines of trees that are to be preserved. In some cases it may be necessary to provide retaining structures or wells to maintain existing grade at the tree's drip line. 21 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.4 Vehicular Circulation and Parking Is the street and parking system designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation that will use the system,(including, without limitation, cars, trucks, buses, bicycles and emergency vehicles)? PURPOSE This criterion is intended to ensure that the street and separate�emc/es ma parking system is well designed in regard to safety, peeesrrians where P.i.bfe. efficiency and convenience. How the street and parking layout contributes to the attractiveness of the site development and neighborhood is also `a considered. In addition, this criterion is used to check conformance to existing street engineering o standards. 6'c c/e Paskm SAFETY CONSIDERATIONS Streets and parking shall be designed to serve the proposed land use(s) safely. Most aspects of vehicular and pedestrian safety are governed by existing engineering standards;however,this criterion also examines aspects of safety that may be unique and not regulated by other standards. I The following list identifies many aspects of street design that relate to safety and are governed by existing engineering standards. The specific design criteria and standards are in Desien Criteria and Standards for Streets, available in the City's Engineering Department. Turning radii EFFICIENCY AND CONVENIENCE Sight distance CONSIDERATIONS Horizontal and vertical curvature Design speed Consider efficiency of land use when designing Angle of intersection streets and parking systems. For example, in a Grades residential development, the streets will determine lot Drainage layout. Design the streets so that the resulting land use patterns create purposeful or useable spaces. Separate pedestrians and vehicles where possible. Where complete separation of pedestrian and vehicles The design of the circulation system will also have a is not possible, the potential hazard can be minimized dramatic affect on solar orientation. (See Criterion by using landscaping, bollards, special paving, 1.1) lighting and/or other means to clearly delineate pedestrian areas. 22 RI Parking Standards ■ For each multifamily dwelling there shall be parking spaces as indicated by the following schedule: Number of bedrooms Parking spaces per dwelling unit per dwelling unit 1 or less 1.5 2 1.75 3 2.0 4 and above 2.5 ■ For each single-family and two-family dwelling there shall be one (1) parking space per dwelling Street layout and lotting unit on lots with greater than forty (40) feet of pattern create left over spaces. street frontage or two (2) parking spaces per dwelling unit on lots with less than forty (40)feet of street frontage. I ■ For each mobile home there shall be two (2) i parking spaces per dwelling unit. ■ For each school, child-care center or institutional use located in a residential zoning district, and ' for each church use located in any district, there shall be one (1) parking space per five (5) seats in the auditorium or place of assembly, or two (2) parking spaces per three (3) employees, or 1 tJ�t j� f fj one (1) parking space per one thousand (1,000) square feet of building floor area, which ever is greatest. ■ For each boarding and roominghouse or . fraternity or sorority house, there shall be one(1) parking space per two (2) beds, plus one (1) parking space per two (2) employees. Street layout and lotting . pattern create usable space. ■ For each group home there shall be two (2) parking spaces for each three (3)employees, and in addition, one (1) parking space for each four (4)adult residents,unless residents are prohibited from owning or operating a personal automobile. Parking Pedestrian Connections Pedestrian Connections Provide adequate amounts of parking for vehicles. ■ For each recreational use located in a residential Specific parking standards required by City Code are district there shall be one (1) parking space per listed below. A guide to the number of parking four(4)persons maximum rated capacity. spaces generally recommended for other land uses is available in the Planning Department. Providing ■ For each institutional, business, commercial or shared parking for multiple land use developments is industrial use there shall be two (2) parking encouraged. spaces for each three (3) employees on the major shift. 23 Provide adequate parking spaces for the physically Bus Stops disabled as required by the City's Parking Code. Provide bus stops for uses which will be serviced by Locate the spaces with convenient access to building the City's public transportation system (Transfort). entrances. The Federal government also regulates Transfort provides guidelines for the design of bus accessibility for the physically disabled through the stops. Americans with Disabilities Act (A.D.A.). Bicycle Circulation and Parking Consider guest parking in multi-family projects and Design bicycle facilities to serve the proposed land distribute parking spaces proportionally to unit use(s). Bicycle facilities are typically on streets. locations. Locate guest parking as close to entries as In those rare circumstances where a sidewalk serves possible and provide for convenient pedestrian access both pedestrians and bicycles, the path should be 8-12 to the entrance. feet wide and meet AASHTO Guidelines, Guide for the Development of Bicvcle Facilities, August 1991. Anticipate the needs of users and provide continuity Provide access ramps at safe, convenient locations. between vehicular circulation,parking and pedestrian circulation. Provide pedestrian drop-off areas where Provide adequate bicycle parking located in areas that needed, especially for land uses that serve children or are visible and within easy walking distance of the the elderly. Design parking bays perpendicular to the land use it serves. land uses they serve whenever possible. Provide centrally located pedestrian collector walks in large Loadine Zones parking lots. Provide loading zones and service areas adequately sized to accommodate the types of vehicles that use The City's Parkine Lot Development Guide,available them. The City Code requires the following: in the Planning Department, has more information on the design of parking lots. For all business, commercial, industrial and manufacturing uses, off-street loading areas containing five hundred(500)square feet with no one II I " I�lyl'I (1) dimension less than ten(10) feet shall be required i L 11's a IILiuN as an accessory use for new construction or major ;Ind u �'Inl'iIIh additions involving an increase in floor area as N!)S lift�ii W p11I''1a V "11'16�1It follows: lift "u Ill till III 1 I IItI'{IIl, (1) One(1)off-street loading space shall be provided �Im I nnnr for new construction or additions having a floor (Ij{I�°' area between five hundred (500) square feet and IIn twenty thousand(20,000) square feet. IIII — � C't_ Imo— (2) One (1) additional off-street loading space shall III it'w' _ be provided for each additional twenty thousand �I (20,000) square feet or fraction thereof of floor area in excess -of twenty thousand (20,000) s square feet, provided that no such loading space occupies any part of a public street, alley, driveway or sidewalk. Ili; II II i" I( ,IIII, ttllu(f1�0I1j lltill'ia�fni"n Drive-thni Facilities The design and layout of drive-thru facilities for MIN,, IIIIN Nipq ; u 1r � ,,,II"1fl'Ih;' restaurants, banks or other uses should address the wm ""II n; ;w if following issues: (lilt;"' IIIIIIIIII I I t - Will I I I I I l�l l i l l l l l l ■ Adequate stacking spaces before and after. In ■ Alternate route escape lanes. ryAr ■ Pedestrian conflicts. lit na I I I IIIII I� ■ Directional signs. Y IYI IIN Itull NO r MIS 24 Truck Traffic Truck traffic can negatively affect a neighborhood by creating noise and/or odor problems. Land use plans need to address these impacts either through physical design or operational procedures. AESTHETIC CONSIDERATIONS Avoid large expanses of concrete or asphalt paving without landscaping. Large parking lots should be broken into smaller sections divided by landscape islands. Each section should contain a maximum of 200 cars. In general, parking bays should extend no more than 15 spaces without a tree, landscape island or peninsula. //uue,u uu -43 d UZI THIS rror nfrs 25 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.5 Emergency Access Does the project provide adequate access for emergency vehicles and for those persons rendering fire protection and emergency services? PURPOSE ■ Turning Radius The minimum turning radius for fire access roads This criterion is intended to ensure that emergency shall he 20' inside and 40' outside. vehicles can access and maneuver within the project so that emergency personnel can provide fire ■ Parking Control protection and emergency services without delays. Approved "No Parking-Fire Lane" signs must be provided along curbs where parking could obstruct the minimum width and turning radius. Curbs in FIRE CODE REQUIREMENTS these areas must be painted red. 1. All portions of the exterior wall of the first ■ Surface story of any structure(s) must be located The surface of all fire access roads shall be of an within 150'of a public street or an approved approved hard surface or compacted road base fire access road in which fire apparatus can capable of supporting fully loaded fire apparatus. All be maneuvered. Major arterial streets shall surfaces shall be maintainable in all weather not be considered for the purposes of this conditions including snow removal. Any bridges or requirement. culverts must meet HS 20 design criteria. Grass crete and similar soft surface materials are not 2. Fire access roads may be public streets and allowed. alleys,parking lots,private streets or similar vehicular access roads. When used, the ■ Deadend Length following design criteria shall apply. Any fire access road that serves structures beyond Driveways serving detached, individual 660' from a second point of access shall be provided dwelling units need not meet fire access road with an approved connection to another public street. criteria if they do not exceed 100' in length. ■ Fire Lanes ■ Width Fire lanes may be used in commercial and multi- The minimum unobstructed width shall be family projects when they can be designed into the 20'. Fire access roads with parallel parking normal traffic circulation patterns. All fire lanes on one side, shall be 28' in width and 36' must conform to all other fire access road criteria. with parking on both sides. Approval of any fire lane shall be contingent upon the ability of the fire lane to be maintained continuously The minimum unobstructed width shall be and under all weather conditions. Fire lanes serving 30 feet for access roads serving buildings single family projects are discouraged and require three stories or more in height on at least special review and approval. one side of the building. The building height shall be measured from -the access ■ Easements road grade. Any private fire access road that serves multiple properties or crosses property lines must have ■ Turnarounds properly recorded emergency access easements. Any deadend fire access road shall be provided with a minimum 80' diameter ■ Vertical Clearance turnaround,have a turnaround with a proper The minimum vertical clearance shall be 13'-6'. turning radius within a parking lot or must continue to a public street. ■ Fences Fences that obstruct the 150' access distance shall be provided with gates. 26 • Grade The maximum grade of a fire access road shall be 8%. 3. Street names shall not duplicate existing street names in the City or Poudre Valley Fire District. Secondary streets such as Courts, Lanes, Ways, etc. may have the same name as the primary street provided they are connected directly to the primary street and are in close proximity to each other. Street names in the same direction may change only at arterial streets. Street layout must consider the standard north- south and east-west numbering system. Private fire access roads shall be provided with approved street signs. 4. Temporary fire access roads, turnarounds and second points of access may be used as part of an approved phased project or imminent public street improvements. Any temporary access shall meet all other fire access road criteria. 5. All projects must be accessed from a public street network with multiple points of access. If the project exceeds 660' from a single point of access, sufficient off-site street improvements must be made to provide multiple points of access. 6. All required access roads. including public streets must be installed and serviceable before commencement of above ground construction. 7. Any emergency access requirement may be considered for modification when structure(s) are provided with automatic fire sprinkler systems. This includes lengthening the 150' access distance, narrower road widths, increased grade, reduced turnarounds, and longer deadend distances. 27 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.6 Pedestrian Circulation Does the pedestrian circulation system (a) accommodate pedestrian movement from the neighborhood to the site and throughout the proposed development safely and conveniently and (b) contribute to the attractiveness of the development? PURPOSE This criterion is designed to ensure that each new Site amenities such as, bike tacks, rumps, benches, development in Fort Collins will provide appropriate etc., that enhance safety and convenience or in some pedestrian and bicycle links to the neighborhood and way promote walking or bicycling as an alternative community, as well as, throughout the development means of transportation are encouraged, being proposed. Sidewalk and/or bikeway extensions off site may be required, based on impacts created by Locate bike racks in safe convenient areas. the proposed development. The following guidelines highlight the different aspects of pedestrian circulation that should be considered during the design process. SAFETY CONSIDERATIONS �t t Separate pedestrians from vehicles where possible. Where complete separation of pedestrians and vehicles is not possible, the potential hazard can be minimized by the use of special paving, grade separations, pavement marking or striping, bollards, T landscaping, lighting and/or other means to clearly delineate pedestrian areas. FUNCTION AND CONVENIENCE Convenientlyp/.ced bike racks CONSIDERATIONS encouog1 bicycling s.n.'—W. mode off ens on.non. contid., ..w.iry.nd ,wbi#,y wb.n Encourage people to walk or bicycle to and from the mc.dng Wk.,.c... site by providing convenient access points. Where pedestrians and bicyclists share walkways, design the pedestrian/bicycle system wide enough to easily accommodate the amount of foot and bicycle traffic volumes that are anticipated. A minimum of eight (8) feet is generally adequate. Locate curb cuts at convenient locations for the physically disabled, for bicyclists and for people pushing strollers or carts. 28 AESTHETIC CONSIDERATIONS The use of color and texture in pavement is encouraged. Colored or textured concrete, brick or modular paving can provide visual continuity throughout a project or define special purpose areas like plazas or cross walks. In general, special pavement color or texture should be used on privately maintained drives and not on public streets. I II 1 IIIIII 1 Ili 1 1 I 1 I II � IAi I ��` I III IIII1IIIII II SOBGaI paving at CtOW-a h Waas motpAstt III�IIIIII I�I IIIIII that pedestrians may be Presen, IIIIlIII III IIIIII IIIII II 1111 III Illplllllllllll 29 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.7 Architecture Is the architecture proposed for the project appropriate for the uses and activities that are planned and does it contribute to the neighborhood's appearance in a positive way? PURPOSE The purpose of this criterion is to ensure that the Issues that relate specifically to buildings greater than function, quality and appearance of the proposed 40 feet in height are covered in Criterion Number 2.8 structure(s) is acceptable when considered within the - BulldinP Heieht / Views. context of the neighborhood. The appropriateness of the architecture will not be evaluated in isolation. How the architecture relates to other site design ARCHITECTURAL CHARACTER considerations and elements will be considered. The following information and illustrations delineate what Building character is extremely important in a aspects of architectural design are most important to neighborhood that has developed a distinct the neighborhood and the community. architectural character. For example, the east and west side historic neighborhoods adjacent to downtown have a distinct historical character. LAND USE TRANSITION Storefront buildings in the downtown area also provide a distinct architectural character to the The City encourages a gradual transition between downtown "neighborhood." New buildings in these land uses, but recognizes that gradual transitions are historic districts should find ways to reflect and not always possible and not always in the best interest contribute to the established character without of the community. When land uses with significantly copying it. different visual character are proposed adjacent to each other every effort should be made to create New architectural compatibility through careful consideration of scale, form, materials and colors. 5` _A- J,y s , SIZE - HEIGHT, BULK, MASS, SCALE New buildings M bietonc disrncts s oue,rsdect Me bisrc l cbegcter b/Me nepbborcrodd"rough np 'Wr a/rob//lees. percems of door end window p/ecemmr,uid he use 0I clugcMdnii miry henries. The size of a building is an important consideration in determining whether or not a building is a good fit within the context of a neighborhood. In general, Commercial and business uses in residential buildings should be similar in size to other buildings neighborhoods are more easily integrated when the in the neighborhood,however, buildings can be made commercial or office buildings are designed to be to be architecturally compatible through skillful residential in character. This can be achieved design and careful orientation. through repetition of roof lines, the use of similar window and door patterns, and the use of building materials that have colors and textures similar to those existing in the neighborhood. rrns In areas where the existing architectural character of the neighborhood is less defined, the architecture of NOT THIS the new development should present an attractive image and set a standard of quality for future projects or redevelopment in the area. 30 BUILDING MATERIALS Generally building materials should be similar to the materials already being used in a neighborhood context. If dissimilar materials are being proposed, other characteristics such as scale, form, architectural detailing and color,should be examined to determine if enough similarity exists for the building to be compatible, despite the differences in materials. Materials requiring low maintenance are recommended over high maintenance materials. For example, materials with integral color are generally recommended over materials that need to be painted. Building materials should not create excessive glare. If highly reflective building materials, i.e., aluminum, unpainted metal, reflective glass, etc. are proposed, the potential for glare will be evaluated to determine whether or not the glare would create a hardship for the adjacent property owner(s), neighborhood or community. The effects of glare on vehicular safety and outdoor activities will also be considered (see page —). All sides of the building should be equally attractive. Down-grading of materials for side or back sides is generally not acceptable. COLOR Color should be used as an extension of architectural style to facilitate blending into the neighborhood, as well as providing a way of unifying the development. Usually, the color of building materials should draw from colors that already exist in the neighborhood. MECHANICAL EQUIPMENT Mechanical equipment associated with a building should always be screened from public view. The screen should be made of the same material and reflect the same architectural style as the building. ❑ �ram= _ . f� )" J 37 SV/ u k " Mecnenice/apu;drnenr an roo/uraensd with Orewr wed. P/inr—rW*/used ro ac�r yrourrd-rraunrM nreMemre/epupvrwnr. 31 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.8 Building Height and Views If any building or structure is to be greater than 40 feet in height above grade, does the project meet the City's objectives with regard to building height in the community? PURPOSE Review criteria and submittal requirements for structures greater than forty (40) feet in height are Section 29-476: Supplementary Building Height covered in the guidelines titled Special Review of Regulations in the Fort Collins City Code limits Buildings with Height Over 40 Feet, available in structure height to forty (40) feet, however, this the Planning Department. height limitation can be varied in the P.U.D.process. Review criteria include: The purpose of the above criterion is to: Community Scale Views ■ To preserve the character of existing residential Light and Shadow neighborhoods. Privacy Neighborhood Scale ■ To define and reinforce the downtown area as the major focal point in the community. Additional submittal requirements include a ■ To allow for maximum utilization of activity shadow analysis, a visual analysis and a statement of centers. planning objectives that address the shadow and visual analysis. ■ To protect access to sunlight. ■ To provide conscious direction to the urban form of the City through careful placement of tall buildings within activity centers. +s Careful placement of tail buildings give definition to urban form. 32 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.9 Shading Are the physical elements of the site plan located and designed so as not to cast a shadow onto adjacent property greater than the shadow which would be cast by a twenty-five foot hypothetical wall located along the property lines of the project between the hours of 9:00 AM and 3:00 PM, MST, on December 21? PURPOSE The purpose of the above criterion is to insure that site plan elements do not excessively shade adjacent properties, creating a hardship for adjacent property owners. In general, the criterion is used to evaluate shade caused by buildings, structures and trees. SHADING CAUSED BY TREES In some cases shading caused by evergreen trees could create a hardship for adjacent properties. Trees will be evaluated on an individual basis considering the potential impacts of the shading and the potential hardship that the shading could create for the adjacent property. The complete shading of spaces that require sunshine to function as intended such as, building entrances, outdoor eating areas, seating areas, greenhouses, playgrounds, gardens, solar collectors, south facing windows, etc... would generally be considered unacceptable. Shading caused by deciduous trees can be beneficial and would not necessarily be considered objectionable. A c c A B c C a A 1 Building Y"shaded by bvddin "Am. \\ ,� 33 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.10 Solar Access Are the elements of the site plan, (e.g., buildings, circulation, open space and landscaping) located and designed to protect access to sunshine for existing, planned, or potential solar energy systems? PURPOSE It is the City's intent to encourage the use of both active and passive solar energy systems for heating air and water in homes and businesses. While the use of solar energy systems is optional, the protection of solar access is not. The above criterion assures that solar access is protected. Solar collectors require access to sunshine during the entire year, including between the hours of 9:00 AM and 3:00 PM, MST, on December 21, when the longest shadows occur. SUN NOT THIS MIS 34 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.11 Historic Resources If the project contains a site, structure or object that is determined to be eligible for local landmark designation or for listing in the National Register of Historic Places; or contains a site, structure, or object that is officially designated as a local or state landmark, or is listed on the National Register of Historic Places; or is located within an officially designated historic district or area: Does the site and building design provide for the preservation and adaptive use of the historic resource? Does the site and building design protect and enhance the historical and architectural value of the historic property? Do new buildings harmonize with the historic character of buildings on the site and with the surrounding neighborhood? PURPOSE The determination of eligibility for the National or State Register of Historic Places shall be according to This criterion is intended to ensure that 1) historic the processes and procedures of the Colorado sites, structures, or objects are preserved and Historical Society. incorporated into the project and that any undertaking that may potentially alter the characteristics of the historic property are done in a way that does not RE-USE, RENOVATION, ALTERATIONS negatively effect the integrity of the historic resource; AND ADDITIONS and that 2) new construction is designed to respect the historic character of the site and surrounding Building uses that are closely related to the original neighborhood. use are recommended. Every reasonable effort should be made to provide a compatible use for the building that will require minimal alteration to the DETERMINATION OF LANDMARK building and its site. ELIGIBILITY Original materials and details, as well as distinctive The determination of eligibility for local landmark form and scale, that contribute to the historic designation will be made by the Planning Director significance of the structure or neighborhood should after reviewing the actual construction date(or age of be preserved whenever feasible. Rehabilitation work site or object) and photograph(s) of the historic should not destroy the distinguishing quality or resource (to be provided by the applicant). A site, character of the property or its environment. 'Pop- structure, or object may be determined to be eligible tops" or the addition of upper stories or large room for local landmark designation if it meets one or additions to existing structures should be avoided. more of the criteria as described in Section 14-5, "Standards for Designation of Sites, Structures, �,� Objects and Districts For Preservation" of the City Code. If a property is determined to be eligible for designation, the applicant will provide a completedmaJ "Historic Resource of Merit Form" for the property (forms are available from the Planning Department). 6 ®� The Director of Planning may seek the advice of the �, -��-y City's Landmark Preservation Commission for the i., o15- purposes of determining landmark eligibility. — 35 r The rehabilitation of buildings and structures shall be Existing landscaping should be preserved and when in conformance with the Secretary of the Interior's additional street tree plantings are proposed, the "Standards for Rehabilitation and Guidelines for alignment and spacing of new trees should match that Rehabilitating Historic Buildings"(available from the of the existing trees. A clear separation between the Planning Department) and/or other adopted design sidewalk and street and between the sidewalk and the guidelines. site should be maintained by planting strips and yard space. NEW CONSTRUCTION Parking areas should be placed at the rear of buildings. Where parking areas are visible from the The height, setback and width of new buildings street or sidewalk, screening with plant materials, should be similar to those of existing buildings. low fences, or walls should be provided. Access Where building setbacks cannot be maintained, use drives for parking areas should be located so that the elements such as walls, columns, hedges or other pattern of street trees is not disrupted. screens to define the edge of the site and maintain alignment. The pattern of spaces between buildings J y should be maintained. Taller buildings or portions of Z�J buildings should be located interior to the site. ��� Buildings at the ends of blocks should be of a similar height to buildings in the adjoining blocks. New buildings should be designed to be in character ,x th existing structures, but not be an imitation of d historic styles. Horizontal elements, such as cornices, windows, moldings and sign bands should be aligned with those of existing buildings to T strengthen the visual ties among buildings. Window �\ patterns of existing buildings (size, height, number) should be repeated in new construction and the Detached side./k,perking sMp end reyuleny peced sfreel frees ere pert pattern of the of the historic context of this neighborhood end should be preserved. p primary building entrance facing the street should be maintained. fie design of the new building respects the reel lines end 8 e °fr peftems of window end door Neighborhood hborhood Plans have been adopted for the East plecemenf first esi.,in the ed,.eenf bwiding.. Side Neighborhood(east of College Avenue, between Mountain Avenue and Prospect Road), the West Side Neighborhood (generally west of College Avenue, the design of Jh,new building between Laurel Street, Taft Hill Road and the Poudre '-holes eWslfnp erchif.cturN H r•hrcfer. $@ a River) and for the Downtown (north of Mulberry Q Street, between Whitcomb Street and the Poudre River). These plans contain further information and policies on historic resources in the particular neighborhoods and are available at the Planning Department. Further information on new construction can be found The dominant building material of existing buildings in the Secretary of the Interior's "Standards for should be used as the primary material for new Rehabilitation and Guidelines for Rehabilitating construction. Variety in materials can be Historic Buildings" (available from the Planning appropriate, but should maintain the existing Department). distribution of materials in the same block. Visual and pedestrian connections between the site and neighborhood focal points,such as parks, schools or churches, should be preserved and enhanced,when feasible. 36 r CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.12 Setbacks Are the setbacks for buildings and other site plan elements (such as fences and parking facilities) consistent with the setbacks established in the surrounding neighborhood? In cases where a definable setback does not exist, is the proposed setback appropriate for the land use and streetscape proposed? PURPOSE Where no established character exists and a highly urban character is desired, minimum or no setback The building setback along public streets is an dimension may be needed. Urban character is important component of creating an edge condition defined by relatively high density, more intense that is sensitive to the neighborhood and community. activity, and is usually paved and architectural This criterion is intended to ensure that buildings, compared to open, grassed and naturally landscaped. parking lots, fences and other structures are constructed at appropriate distances from the public Where no established character exists and a suburban street. character is desired, setbacks should be determined through careful consideration of building height, mass, orientation and proposed landscaping. ALIGNMENT Suburban character is defined as lower density with open space between and around buildings. Plant In most cases buildings, fences and parking facilities material, berming and other landscape elements can should generally align with the dominant existing sometimes be used to create the illusion of more building facades, fences and parking on the street. distance between buildings and the street edge. Where possible,parking areas should be placed at the rear of buildings. 44* New building setback aligns with existing building setbacks creating visual continuity sk,,g a streetscape. Under certain circumstances it may be appropriate to vary setbacks. Some reasons for varying setbacks include: Nor Is ■ to add interest to the streetscape ■ to improve the appearance of the streetscape ■ functional requirements of the land use The Planning Department can provide examples of ■ differences in building height and mass projects in a variety of land use categories that have ■ natural or man-made site constraints such as met the above criterion. topography, existing trees or utility lines ■ to establish an urban context adjacent to a suburban neighborhood ■ existing character is not defined 37 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.13 Landscape Does the landscape plan contribute in a positive way to the project and to the neighborhood environment (1) by supporting functional needs such as spatial definition, visual screening, creation of privacy, and/or climate control, (2) by enhancing the aesthetic appearance of the site and neighborhood, and (3) by integrating with, and buffering the impact of the development upon, existing natural areas? PURPOSE w Dense plant material and/or fences can be visually Plant material and other elements of a landscape plan appealing and discourage unwanted or unsafe can serve functional purposes such as screening and pedestrian and bicycle access between land uses. shading, or they can be used for visual enhancement. ■ Plant material can soften the visual conflict created In a well designed landscape plan the elements will by unattractive security fence& do both -- serve functional purposes and enhance ■ Berming or other grade changes can alter views, visual appearance. The following information and subdue sounds, change the sense of proximity and illustrations serve to highlight the most important channel pedestrian movement. functions of plant material and other landscape elements from a neighborhood and community perspective. The effectiveness of the landscape plan SCREENING /BUFFERING will be evaluated considering the interrelationships between landscape elements like plant material and Landscape elements can be used to screen areas of grading; and hardscape elements such as paving, low visual interest such as trash receptacles, blank walls, fences and other site amenities. All of these walls, service areas, utility meters, mechanical components should work together to create a equipment, etc.. Screening may be partially opaque landscape plan that enhances both the project and the depending upon the objective. neighborhood. The City's Zoning Ordinance establishes minimum landscape requirements for parking lots. These standards can be found in Section 29493 - Parking Lot Requirements and are explained in The City of y Fort Collins Parking Lot Development Guide. — I MITIGATION FOR LAND USE CONFLICTS Landscape elements can be used to mitigate conflicts Plant material used to screen dumpsw- between dissimilar land uses in a variety of ways: ■ Dense plantings of evergreens can provide a visual buffer. MOM m tedsl and berming ■ Landscaping can soften the contrast between two used ro screen Perking. abutting land uses by subduing the differences in architecture and bulk and by providing a gradual transition rather than a harsh edge. 38 Screens are also used to buffer residential areas from PRIVACY CONTROL busy streets. Walls or fences proposed along collector or arterial streets should be visually Privacy control is an especially important interesting and avoid creating a "tunnel" effect. This consideration in or adjacent to residential projects. can be accomplished in a variety of different ways. Landscape features can be used to prevent views into or out of a defined space. ■ Architectural elements such as brick or stone columns, and/or other means of fence/wall articulation can be integrated into the design. ■ The alignment and/or setback of the fence can be varied. ■ Bemung can be used in conjunction with a wall or fence to create visual interest.th ■ Plant material can soften the appearance of fence lines and add to the attractiveness of the project and neighborhood. �1 Plant material and rence wars rogeMer ro prp,ide privacy, CLIMATE CONTROL Iy Plant material, walls, fences and overhead structures be used to modify the effects of wind and sun [andxcapa elemmis axed I screen v.hie'Nadllphta exposure. CREATION OF SPACE Spatial definition can be created by modifying the IIIIIIIIIIIIIiliii°uNIIl�1�1141°' �:mnnnnm all IIIII(111111 ground plane, vertical plane and overhead plane. 11041111 wnnlw I inlet I I p unu �IInnIINuIII� Plant material, IIII III{f�I I� grading and hazdsca a elements can uu°�ui 1 111 1 II n be used in the landscape to influence each of these Planes of enclosure. In addition to enclosing space, Mil landscape elements can also be used to link spaces 14, ' together and to direct pedestrian movement. Berms, n Paving, walls, fencing, trellis structures, benches, 11;i ill etc. can all be used to create or enhance the sense of 101111f liI,I n enclosure. nnnun 1 0l 1111111111110 p IIIiIl01H IIIII'IIpIpI .ten evergreen the, his ,onthenorthwesetitle y Q III'Inl .tend the period that thin W wi is eomlortabN NOHr)/ by protecdnp users/rpm cob winds. � Ln/ Plant material used to Create On enclosed oumoor space. 39 ENHANCEMENT ■ Natural areas can be enhanced with plant material that is indigenous or adapted to the existing site ■ Landscaping should contribute to visual continuity conditions. However, some species such as in a neighborhood and help to create a positive Russian Olive and Lythrum, are extremely community image. This is especially important aggressive and can be detrimental to natural auras, when dissimilar buildings or land uses work against Enhancement can add to the visual interest of an neighborhood cohesiveness. Regularly spaced area and can improve wildlife habitat. For further street trees is the most common way of creating information about planting natural areas contact the continuity. City's Natural Resource Division. (See Criterion Number 2.3) WATER CONSERVATION The City is committed to water conservation efforts and encourages the efficient and wise use of water " through xeriscape landscaping. Xeriscape, water conservation through creative landscaping,uses seven y^ simple landscape principles: p +;; nll' Planning and Design - Limited Tu Turf - Efficient Irrigation - Soil Improvement - Mulches - Low-Water Demanding Plants - Appropriate Maintenance ■ A combination of evergreen and deciduous plant For further information about xeriscape and water material should be used to create visual interest all conservation contact the City's Water/Wastewater year round and enhance the appearance of a Utility. neighborhood. ■ Plant material should complement the architecture. DRAINAGE Foundation plantings ease the transition from building to ground plane. Trees can be used to Grading modifications are an important consideration frame architectural elements or to create in creating an attractive and functional landscape. background. The grading plan should be developed carefully as part of the overall landscape design. While grading y has a profound effect on the visual quality and function of the landscape, it is also critical for proper drainage. Erosion control along drainageways is another important consideration. For additional information 42fitings at the tound&tbn of a building wn ea regarding best practices in erosion control, contact - attnctiue building-royrountl re4tbnLrip. the City's Stormwater Utility. EXISTING TREES eIIIINIIII III11 - uunup ' IOIIIIyj1101 1111nnb„o,n I. It is the City'spolicy lic to retain existingtrees when I uu IIUee Inlllll A1� Ili 18.11. they are in good condition and it is reasonable to do so; however, it is not the City's policy to retain Siberian Elm,Russian olive and Salt Cedar. In some forma/tree Dlentmo:at,hams the anvance to a bvYd(ng: cases, trees that are not in good condition may be retained for habitat values (g. dead trees that serve as eagle perch sites). The City's Forestry Division can 40 provide information about the condition and relative /4 value of existing trees. The Natural Resources Division can provide information about wildlife habitat value that may be associated with existing ) trees. _ UTILITIES �J J� )0'-O'is recommended as the Proposed tree locations Should be Coordinated with minimum distance between the existing and proposed utility locations.The following back of curb and the sidewalk. list provides some minimum dimension information for the most common tree/utility separations. Light and Power buried cables. ■ Forty (40) feet between street trees and street lights. Fifteen (15) feet between ornamental trees and street lights. 1`E" -b• l a•-s ■ If trees are planted between the curb line and s-D- , sidewalk a ten(10) foot parkway dimension will be required. The City's Utility Divisions(Light and Power, Water SHADE TREES ORNAMENTAL TREES and Wastewater, and Stormwater) can provide &4W a additional information regarding coordination with City utilities. Trees should not be placed within thirty (30) feet of any overhead electric line unless coordinated with the appropriate electric utility. ------ IRRIGATION Provision should be made for permanent irrigation of all plant material. Normally, an automatic underground irrigation system is the most cost effective solution. ■ Ten (10) feet between trees and water or sewer VISUAL CLEARANCE lines. ■ Four (4) feet between trees and gas lines. The City requires that a visual clearance triangle be ■ Street trees on local streets planted within the eight maintained at street intersections. (8) foot wide utility easement may conflict with utilities. Additional conduit may be required to protect underground electric lines. �I ' y / Visual Clearance Triangle 41 ADDITIONAL INFORMATION Minimum plant material sizes are provided under Content of Development Submittals, in this document. The City of Fort Collins Landscape Guide and the Forestry Division can provide additional information regarding plant material selection. 42 CHART A-2. NEIGHBORHOOD COMPATIBII= CRITERIA A-2.14 Signs For Projects Located Within the Residential Neighborhood Sign District: Are flushwall signs positioned to harmonize with the architectural character of the building(s) to which they are attached, including but not limited to any projection, relief, cornice, column, change of building material, window or door opening? Do flushwall signs align with other such signs on the same building? For Projects Located Outside of the Residential Neighborhood Sign District: Are all signs in the project in compliance with the requirements of Chapter 29, Article IV of the City Code (the Sign Code)? PURPOSE The Residential Neighborhood Sign District has been established for the regulation of signs for non- residential uses in certain areas of the city which may be impacted by signage because of their predominantly residential use and character. The district includes neighborhood service centers, neighborhood convenience shopping centers,business services uses and auto-related and roadside commercial uses that are in proximity to existing or planned residential areas. For those developments located within the Residential Neighborhood Sign District, the Planning and Zoning Board will review the location of all proposed flushwall signs. All other aspects of signage for developments within the district will be regulated by the City's Sign Code. A map delineating the district is available at the Planning Department. 43 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.15 Site Lighting Does the proposed lighting meet the functional and security needs of the proposed land use without adversely impacting adjacent properties or the community? PURPOSE Area / Activity' Footcandles— Exterior lighting is evaluated in the development Building surrounds (non-residential) 1.0 review process to insure that functional and security Bikeways along roadside needs of the project are met in a way that does not Commercial areas 0.9 adversely impact the adjacent properties or Intermediate areas 0.6 neighborhood. The degree to which exterior night Residential areas 0.2 lighting affects a property owner or neighborhood Bikeways distant from roadside 0.5 will be examined considering the light source, level Walkways along roadside of illumination, hours of illumination, and need for Commercial areas 0.9 illumination in relation to the effects of the lighting Intermediate areas 0.6 on adjacent property owners and the neighborhood. Residential areas 0.2 The intent of the criterion is to focus on the actual Walkways distant from roadside 0.5 physical effects of lighting, as well as the effect that Park walkways 0.5 lighting may have on the surrounding neighborhood. Pedestrian stairways 0.3 Loading and unloading platforms 20.0 With the exception of lighting for public streets, all Parking areas 1.0 other project lighting used to illuminate buildings, Playground 5.0 parking lots, walkways, plazas and/or the landscape, will be evaluated during the development review 'Illuminating Engineering society(IES)Lighting Handbook process. The following information and design A unit of measummem referring to illumination incident at a guidelines are used to evaluate whether or not the single point. One footaandle is equal to one lumen uniformly project meets the above criterion. distributed over an area of one square foot. REASONS FOR EXTERIOR LIGHTING DESIGN GUIDELINES (1) Improving the negotiability of circulation systems Driver and pedestrian orientation can be enhanced by and activity zones. providing a hierarchy of lighting effects. (2) Facilitating safe movement and making a place more secure by decreasing the potential for crime. (3) Enhancing the appearance of the architecture or landscape. RECOMMENDED LIGHTING LEVELS PEDESTRIAN LIGHTS PEDESMAN LIGHTS T 8 dl The following chart gives recommended lighting levels for outdoor facilities used at night. These are intended as a guideline. Actual circumstances may require a higher or lower lighting level. a NI A I 1 44 PARKING LOTAND HIGH WSTUGHTS ROADWAY UGHTS Site lighting that may be confused with warning, ADDITIONAL INFORMATION emergency or traffic signals should not be installed. The use of energy efficient light sources is In general, background spaces like parking lots, encouraged. The City's Light and Power Utility can should be illuminated as unobtrusively as possible to provide information regarding the energy efficiency meet the functional needs of safe circulation and of of various light sources. protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, should utilize local lighting which defines the space without distractions or glare. The light source should be concealed to the degree possible to minimize the potential for glare. 17 STREET LIGHT WTN CUT-OFF TYPE FIXTURE HIGH ANGLE ILLUMINATION The style of light standards and futures should be consistent with the style and character of architecture proposed on the site. Choosing a light source that produces accurate color rendition is important, especially in pedestrian level lighting. Incandescent, mercury vapor, and high- pressure sodium light sources all have good color rendition. Unique areas or neighborhoods within the City may have additional design guidelines for lighting as part of a neighborhood or area plan. The Planning Department can provide information regarding neighborhood or area plans. STREET LIGHTING Street lighting is designed by the City's Light and Power Utility. The applicant needs to coordinate the location of other streetscape features such as trees and sidewalks with the Utility early in the design process. 45 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.16 Noise and Vibration Can the proposed land uses and activities be conducted so that any noise generated on the property will not exceed the maximum noise levels as specified in the City's Noise Control Ordinance, and can the proposed land uses and activities be conducted so that any vibration created by the use of the property will be imperceptible without instruments at any point along the property line? PURPOSE Land Uses Mimes The City's Noise Control Ordinance was adopted Noise in order to ensure that noise levels and vibration in {dBA} the City do not unreasonably annoy or disturb people and/or cause adverse psychological or physiological Residential Use Areas effects on people. 7:00 a.m. to 7:00 p.m. 55 7:00 p.m. to 7:00 a.m. 50 NOISE CONTROL ORDINANCE Business and Commercial Use Areas 7:00 a.m. to 7:00 p.m. 60 The information provided here is an abbreviated 7:00 p.m. to 7:00 a.m. 55 version of the City's Noise Control Ordinance. Light Industna Use Areas Copies of the complete City Code Article IL Noise 7:00 a.m. to 7:00 p.m. 70 are available in the Planning Department. The 7:00 p.m. to 7:00 a.m. 65 ordinance specifies the following: Heavy Industrial Use Areas 7:00 a.m. to 7:00 p.m. 80 No person shall make or cause unreasonable noise. 7:00 p.m. to 7:00 a.m. 75 Members of the Police Department are empowered to make the determination of whether or not a noise is Between the hours of 7:00 a.m. and 7:00 p.m., the unreasonable and to enforce this ordinance. (Sec. 20- above noise levels may be exceeded by 10 decibels 22) for a maximum of fifteen minutes in any one-hour time period. The maximum noise dBA level allowed will be based upon the land use being proposed rather than the The land use categories used in the LAND zoning district category of which it is a part. DEVELOPMENT GUIDANCE SYSTEMdifferfrom those used in the "Zoning Ordinance. For the Noise levels measured with a sound meter shall not purposes of applying the above noise criterion the exceed the following decibel levels: (Sec. 20-23) following land use correlations apply: City Zoning LDGS Land Ordinance Land Use Categories Use Categories Residential Use Areas Point Chart H Residential Uses 46 Business and Point Chart B The above correlations are to be used as a guide in Commercial Use Areas Neighborhood Service determining appropriate noise levels for a variety of Center land uses. A noise impact analysis may be required Point Chart C as part of the submittal requirements if the proposed Community/Regional land use is expected to generate noise levels Shopping Center exceeding the Noise Control ordinance. Point Chart D Auto-RelatedandRoadside Noise generated by emergency vehicles and aircraft Commercial is exempted. Point Chart E Business Service Uses Construction or demolition projects are subject to the Point Chart J maximum permissible noise levels specified for heavy Neighborhood industrial use. Convenience Center The City Manager has the authority to grant special Light Industrial Point Chart F variances from the noise control ordinance if Use areas Industrial Uses compliance with the ordinance would create an unreasonable hardship on the applicant or the community. Special variances may be appealed to Heavy Industrial Point Chart G City Council. Use Areas Extraction, Salvage and Junkyard Uses The Planning and Zoning Board does not have the authority to vary the City's Noise Control Ordinance. Other heavy industrial uses shall be determined on an individual project basis. * Uses in the Downtown River Corridor that utilize Point Chart I-Downtown River Corridor will be evaluated on a case by case basis. 47 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.17 Glare or Heat If the proposed activity produces intense glare or heat, whether direct or reflected, is the operation conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat imperceptible from any point along the site's property lines? PURPOSE This criterion is intended to protect the community and neighborhood from glare, defined as a harsh, uncomfortably bright light. Glare can inhibit good visibility, cause visual discomfort and create safety problems. The most common situations where glare can be a problem are discussed below. The criterion above is also intended to protect the neighborhood from adverse effects of reflected heat that could be caused by a proposed land use. ARTIFICIAL LIGHT SOURCES Artificial light sources, such as panting lot lights, pedestrian lights, security lighting or vehicle headlights, should be shielded to avoid unnecessary glare. In the case of light standards, choose fixtures that "cut-off" or shield the light source. In the case of vehicle headlights, berming, fencing and/or landscaping can be used to effectively screen unwanted glare. OTHER SOURCES OF GLARE Certain manufacturing processes such as welding create glare. Such activities should occur within an enclosed building or be effectively screened from public view. If the source of the glare is proposed to be screened with plant material, than the applicant must show that the screening will be effective all year and not just during the summer months. 48 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.18 Hazardous Materials If the anticipated use of the project may entail the use and/or storage of hazardous materials (including hazardous wastes) on-site, has the project been designed to comply with all safety, fire and building codes for the use and storage of hazardous materials and have adequate precautions been taken to protect against negative off-site impacts of a hazardous materials release, using best available technology? PURPOSE More detailed information about what is required in a HMIA is included in the City's Development The purpose of the above criterion is to protect the Manual, available in the Planning Department. For community and neighborhood from potential harm additional information about how the City reviews the caused directly or indirectly by hazardous materials. potential impacts of hazardous materials, contact the Poudre Fire Authority Technical Services staff. REVIEW The proper location, construction and processing of hazardous materials facilities is important to controlling community risk. If the type and magnitude of hazardous materials emergencies can be predicted, the potential impact on adjacent land uses, emergency providers and the environment can be minimized. In order to evaluate the impact of hazardous materials risk, all development proposals that have the potential to cause off-site impacts during the release of a hazardous material may be required to submit a Hazardous Materials Impact Analysis(HMIA). This analysis will provide basic information on the project (site and proposed hazardous materials use), describe likely incident scenarios, describe mitigation actions designed to limit the potential for off-site impacts on adjacent land uses or environment and describe emergency response measures in case of a spill. Based on the information provided in the impact analysis, recommendations will be made by the Poudre Fire Authority to the Planning and Zoning Board for consideration of the proposed development. Land uses which may require HMIA's include gas stations, manufacturing facilities and other land uses that require the use or storage of flammable or toxic substances. 49 CHART A-3. ENGINEERING CRITERIA A-3.1 Utility Capacity Is the development served by utilities with adequate capacity or have arrangements been made for extension and augmentation for the following services? 0 Water supply 0 Sanitary sewer 0 Electricity 0 Natural gas 0 Storm drainage 50 CHART A-3 ENGINEERING CRITERIA A-3.2 Design Standards Does the project comply with all design standards, requirements and specifications for the following services or have variances been granted? 0 Water supply 0 Irrigation companies 0 Sanitary sewer 0 Electricity 0 Mass transit 0 Natural gas 0 Fire protection 0 Storm drainage 0 Flood hazard areas 0 Cable television 0 Telephone 0 Streets/pedestrians 0 Walks/bikeways 51 CHART A-3 ENGINEERING CRITERIA A-3.3 Water Hazards If the project includes an irrigation canal, water body, or other water channel, have necessary precautions been taken to minimize any hazard to life or property? 52 CHART A-3 ENGINEERING CRITERIA A-3.4 Geologic Hazards If the project contains known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, and wild fire, etc.) or soil conditions unfavorable to urban development, will special engineering precautions be taken to overcome those limitations or have these areas been set aside from development? 53 Activity A: ALL DEVELOPMENT CRITERIA ALL CRITERIA APPLICABLE CRITERIA ONLY Is the criterion Will the criterion applicable? be satisried9 CRITERION a Yes No If no, please explain LL 2 y a � Al. COMMUNITY-WIDE CRITERIA 1.1 Solar Orientation 1.2 Comprehensive Plan 1.3 Wildlife Habitat 1.4 Mineral Deposit 1.5 Ecologically Sensitive Areas reserved 1.6 Lands of Agricultural Importance reserved 1.7 Energy Conservation 1.8 Air Quality 1.9 Water Qualitv 1.10 Sewace and Wastes A 2. NEIGHBORHOOD COMPATIBILITY CRITERIA 2.1 Vehicular, Pedestrian, Bike Transportation 2.2 Building Placement and Orientation 2.3 Natural Features 2.4 Vehicular Circulation and Parking 2.5 Emergency Access 2.6 Pedestrian Circulation 2.7 Architecture 2.8 Building Height and Views 2.9 Shading 2.10 Solar Access 2.11 Historic Resources 2.12 Setbacks 2.13 Landscape 2.14 Si ns 2.15 Site Lighting 2.16 Noise and Vibration 2.17 Glare or Heat 2.18 Hazardous Materials A 3. ENGINEERING CRITERIA 3.1 Utility Capacity 3.2 Design Standards 3.3 Water Hazards 3.4 Geologic Hazards 54 Section 4. That the second sentence of subsection 29-526(E)(3) is hereby amended to read as follows: (3) . The most recently approved planned unit development plan shall constitute the valid planned unit development plan (unless rendered invalid in accordance with law) and any prior approved development plan(s) shall automatically terminate upon the final , unappealable approval of a subsequent planned unit development plan for any specific parcel of property. Section 5. That subsection 29-526(E) (6) shall be deleted and all subsequent subsections shall be renumbered accordingly. Section 6. That, commencing with subsection 29-526(F) , any reference to "master" plan shall be changed to "overall development" plan. Section 7. That Section 29-526(F) (1) is hereby amended by changing the last sentence of subsection 29-526(F) (1) (b) and by the addition of a new subparagraph 29-526(F) (1) (c) , to read as follows: (b) . A CONCEPTUAL REVIEW IS MANDATORY FOR ALL OVERALL DEVELOPMENT PLANS AND PRELIMINARY PLANS. (c) A pre-conceptual review meeting with Planning staff is mandatory for overall development plans and preliminary plans anticipated by the applicant or Planning staff to generate substantial neighborhood interest. Section 8. That Section 29-526 is hereby amended by the addition of a new subsection (F) (2) , Neighborhood Meeting, with subsequent subsections renumbered accordingly, which subsection shall read as follows: (F) (2) Neighborhood Meeting. (a) In order to facilitate citizen participation early in the development review process, the city requires neighborhood meetings between citizens of area neighborhoods, applicants and Planning staff on development projects perceived as having neighborhood impact. Citizens are urged to attend and actively participate in these meetings. The purpose of neighborhood meetings is for the development proposal to be presented to citizens of area neighborhoods and for the citizens to identify, list and discuss issues related to the development proposal . Working jointly with staff and the applicant, citizens help seek solutions for these issues. Neighborhood meetings are held during the conceptual planning stage of the proposal so that neighborhoods may give input on the proposal before time and effort have been expended by 55 the applicant to submit a formal development application to the city. (b) At the Conceptual Review meeting, Planning staff shall determine if a neighborhood meeting shall be required for overall development plans and preliminary plans. A neighborhood meeting shall be required if: [1] The project is located on an infill site, meaning that at least seventy-five percent (75%) of its boundary is contiguous to existing development; or [2] The project proposes a change in land use or character of a previously approved infill project, or a previously approved fringe project, meaning a project having twenty-five percent (25%) or less of its boundary contiguous to existing development; [3] The project is based on a preliminary plan for an infill or fringe project that has been inactive for at least three years, but which received extensions of approval by the Planning and Zoning Board or staff; or [4] The project is located on a fringe site which has five (5) or more residential lots existing within five hundred (500) feet of the project site. (c) If a neighborhood meeting is required, the meeting shall be held prior to submittal of an application to the Planning Department for approval of an overall development plan and preliminary plan; provided, however, that neighborhood meetings required under subsection (b) above shall be held prior to submittal of the final development plan. The applicant or applicant's representative shall attend the neighborhood meeting. Planning staff shall be responsible for scheduling and coordinating the neighborhood meeting and shall hold the meeting at a public school , church or community building in the vicinity of the proposed development. (d) Written notice of the neighborhood meeting shall be given by the Planning Department to the owners of record of all real property within five hundred (500) 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 planned unit development is proposed. Formally designated representatives of bona fide neighborhood groups and organizations and 56 homeowner's associations within the area of notification shall also receive such written notice. If the project is of a type described in Appendix A, "Supplemental Notice Requirements," then the area of notification shall conform to the expanded notice requirements of Appendix A. Such written notices shall be delivered at least seven (7) days prior to the date of the neighborhood meeting. The Planning Director shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Planning 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 of Fifty Cents ($.50) per notice. The real property which is the subject of the development to be discussed at the neighborhood meeting shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the sign(s) required to be posted shall be as established in Appendix A, "Supplemental Notice Requirements." Such signs shall be provided by the Planning Department and shall be posted by the applicant for the development proposal on the subject property in a manner and at a location or locations reasonably calculated to afford the best notice to the public, which posting shall occur at least seven (7) days prior to the date of the neighborhood meeting. A refundable deposit, in the amount of Ten Dollars ($10.00) per sign, shall be submitted to the Planning Department at the time of receipt of the sign(s) by the applicant and shall be refunded to the applicant upon return of said sign(s) in good condition. (e) Written minutes of the neighborhood meeting shall be prepared by Planning staff and shall be included in the staff report provided to the Planning and Zoning Board at the time of the public hearing to consider the proposed development. Section 9. That former subsection 29-526(F) (2) (renumbered to [F][3]) is hereby amended by the addition of a new subparagraph (b) , with subsequent subparagraphs relettered accordingly, which shall read as follows: (b) The Planning and Zoning Board shall give written notice to the owners of record of all real property within five hundred (500) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land for which the planned unit development is proposed. If the project is 57 of a type described in Appendix A, "Supplemental Notice Requirements," then the area of notification shall conform to the expanded notice requirements of Appendix A. Formally designated representatives of bona fide neighborhood groups and organizations and homeowner's associations within the area of notification shall also receive written notice. Such written notices shall be delivered at least twenty-eight (28) days prior to the Planning and Zoning Board hearing date. The Planning Director shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Planning Director to the nearest streets or other distinctive physical features which would create a practical and rational boundary for the area of notification. The applicant shall pay postage and handling costs of Fifty Cents ($.50) per notice. Failure to deliver such notice shall not affect the validity of any hearing or determination by the Planning and Zoning Board. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the sign(s) required to be posted shall be as established in Appendix A, "Supplemental Notice Requirements." Such signs shall be provided by the Planning Department and shall be posted by the applicant for the development proposal on the subject property in a manner and at a location or locations reasonably calculated to afford the best notice to the public, which posting shall occur within seven (7) days following submittal of an application for approval of an overall development plan to the Planning Department. A refundable deposit, in the amount of Ten Dollars ($10.00) per sign, shall be submitted to the Planning Department at the time of receipt of the sign(s) by the applicant and shall be refunded to the applicant upon return of said sign(s) in good condition. Notice of the time, date and place of the Planning and Zoning Board hearing on the overall development plan shall be published in a newspaper of general circulation within the city at least seven (7) days prior to such hearing. Section 10. That former subsection 29-526(F) (2) (c) (renumbered to [F][3][d]) is hereby amended to read as follows: (c) This section allows for changes to an overall development plan. Minor changes to an overall development plan may be approved administratively by the Director of Planning. Such 58 changes may be authorized without additional public hearings, and shall be reviewed on the basis of conformance with the City's Comprehensive Plan. Notwithstanding the foregoing, the Director of Planning may refer the decision to the Planning and Zoning Board and if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to appeal to the City Council as provided in Section 2-47 of the Code. Section 11. That former subsection 29-526(F) (2) (d) (renumbered to [F] [3] [e]) is hereby amended to read as follows: (d) Major changes may be approved only by the Planning and Zoning Board, and shall be reviewed on the basis of conformance with the City's Comprehensive Plan, and must follow the same public hearing process required for approval of preliminary plans. Any changes approved in the overall development plan shall be recorded as amendments to the overall development plan in accordance with the procedures established for the filing of the initially approved plan documents. Section 12. That former subsection 29-526(F) (3) (b) (renumbered to [F] [4] [b]) is hereby amended to read as follows: (b) The Planning and Zoning Board shall give written notice to the owners of record of all real property within five hundred (500) 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 planned unit development is proposed. If the project is of a type described in Appendix A, "Supplemental Notice Requirements," then the area of notification shall conform to the expanded notice requirements of Appendix A. Formally designated representatives of bona fide neighborhood groups and organizations and homeowner's associations within the area of notification shall also receive written notice. Such written notices shall be delivered at least twenty-eight (28) days prior to the Planning and Zoning Board hearing date. The Planning Director shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Planning 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 of Fifty Cents ($.50) per notice. Failure to deliver such notice shall not affect the validity of any hearing or determination by the Planning and Zoning Board. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the 59 sign(s) required to be posted shall be as established in Appendix A. "Supplemental Notice Requirements." Such signs shall be provided by the Planning Department and shall be posted by the applicant for the development proposal on the subject property in a manner and at a location or locations reasonably calculated to afford the best notice to the public, which posting shall occur within seven (7) days following submittal of an application for approval of a preliminary plan to the Planning Department. A refundable deposit, in the amount of Ten Dollars ($10.00) per sign, shall be submitted to the Planning Department at the time of receipt of the sign(s) by the applicant and shall be refunded to the applicant upon return of said sign(s) in good condition. Notice of the time, date and place of the Planning and Zoning Board hearing on the preliminary plan shall be published in a newspaper of general circulation within the city at least seven (7) days prior to such hearing. Section 13. That former subsection 29-526(F) (5) (a) (renumbered to [F][6] [a]) is hereby amended to read as follows: (a) Minor changes to a planned unit development may be approved administratively, by the Director of Planning, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, and shall be reviewed against the "All Development Criteria" as contained in subsection (D) of this Section. Notwithstanding the foregoing, the Director of Planning may refer the decision to the Planning and Zoning Board, and if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to an appeal to the City Council as provided in Section 2-47 of the Code. Section 14. That former subsection 29-526(F) (5) (b) (renumbered [F] [61[b]) is hereby amended to read as follows: (b) Major changes to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board and shall be reviewed against the "All Development Criteria" as contained in subsection (D) of this Section, and must follow the public hearing process required for approval of preliminary plans. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established for the filing of the initially approved plan documents. 60 Section 15. That subsection 29-526(G) (2) (b) [14] be repealed and reenacted to read as follows: [14] Certification by an attorney licensed to practice law in the State of Colorado that the "owners and proprietors" as defined in Section 29-526 31-23-111, C.R.S. , have executed and acknowledged the plat in accordance with Section 29-526 31-23-104, C.R.S. Section 16. That subsection 29-526(G) (3)(c)[29] be repealed and reenacted to read as follows [29] Certification by an attorney licensed to practice law in the State of Colorado that the "owners and proprietors" as defined in Section 29-526 31-23-111, C.R.S. , have executed and acknowledged the plat in accordance with Section 29-526 31-23-104, C.R.S. Section 17. That subsection 29-526(G) (4) (b) [8] be repealed and reenacted to read as follows: [8] Certification by an attorney licensed to practice law in the State of Colorado that the "owners and proprietors" as defined in Section 31-23-111, C.R.S. , have executed and acknowledged the plat in accordance with Section 31- 23-104, C.R.S. Section 18. That subsection 29-526(G) (4) (d) is hereby amended to read as follows: (d) A subdivision plat of the site must accompany the final planned unit development plan. This plat must conform to the subdivision requirements of the City, except as waived by the approved preliminary plan for the planned unit development. The subdivision plat shall contain proper dedications for public streets, easements and all other public rights-of-way required by the preliminary plan. Approval by the Planning and Zoning Board of the final plan and subdivision plat, and complete execution, together with all necessary certifications, shall be required before filing of the subdivision plat or issuance of building permits. Section 19. That subsection 29-526(G) (4) (e) be repealed and reenacted to read as follows: (e) Development agreement and final utility plans. The City shall prepare and present to the developer a draft form of development agreement governing the installation of improvements pertaining to the development, and the developer shall execute a development agreement in proper form providing for the installation of all such improvements prior to submission of the final plan to the Planning and Zoning Board. 61 Final detailed engineering plans and related documents for wastewater, water, drainage, street and all other applicable public improvements must be submitted to and approved by the City prior to the submission of the final plan to the Planning and Zoning Board. Section 20. That subsections 29-526(H)(2) and (3) are hereby amended to read as follows: (2) Time limit for action upon a preliminary plan. Within a maximum of three (3) years following the approval of a preliminary plan, the applicant shall proceed by filing with the Planning Department a final plan(s) in detailed form covering all or part of the development. Upon application and upon finding that the plan complies with all "Review Criteria" as contained in Section 29-526(D) at the time of the application for extension, the Planning Director may administratively extend the period for filing a final plan for two (2) successive six (6) month periods. Any additional extensions to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board, upon finding that the plan complies with all "Review Criteria" as contained in Section 29-526(D) at the time of the application for extension. A request for extension of preliminary approval under this section must be submitted to the Planning Director in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval . If no final plan(s) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the Planning and Zoning Board. (3) Time limit for validity of the final plan. The applicant must undertake and complete the development of an approved final plan within three (3) years from the time of final approval . For the purposes of this Section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with City rules and regulations. Extensions for two (2) successive periods of six (6) months may, upon finding that the plan complies with all "Review Criteria" as contained in Section 29-526(D) at the time of the application for extension, be administratively granted by the Planning Director. 62 Any additional extensions to the planned unit development shall be approved, if at all , only by the Planning and Zoning Board, upon finding that the plan complies with all "Review Criteria" as contained in Section 29-526(D) at the time of the application for extension. A request for extension of final approval under this Section must be submitted to the Planning Director in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval . Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same. The granting of administrative extensions under this Section may, at the discretion of the Planning Director, be referred to the Planning and Zoning Board. Section 21. That subsection 29-526(K) is hereby repealed and reenacted to read as follows: K. Variance Procedures The Planning and Zoning Board is empowered to grant variances to the provisions of this Section. The decision of the Planning and Zoning Board on any application for a variance shall be set forth in writing in the minutes of the meeting of the Board. Variance requests may be granted if the Board determines that the granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of this Section, and if the applicant demonstrates: (1) That by reason of exceptional topographical , soil or other subsurface conditions or other conditions peculiar to the site, undue hardship would be caused to a subdivider by the strict application of any provisions of this Section, or (2) That by reason of exceptional conditions or difficulties with regard to solar orientation or access, undue hardship would be caused to a subdivider by the strict application of any provisions of this Section, or (3) That the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested, or (4) That the granting of a variance from the strict application of any provision would result in a substantial benefit to the City by reason of the fact that the proposed project would help satisfy a defined community need (such as affordable housing or historic 63 preservation) or would alleviate an existing problem (such as traffic congestion or urban blight) , and the strict application of such a provision would render the project practically infeasible. Section 22. That Section 29-527(a) of the Code of the City is hereby amended to read as follows: Sec. 29-527. Planned unit developments, effect of. (a) In the event that a property has obtained development approval of a final planned unit development plan pursuant to § 29- 526 of the Code, such property may not thereafter be developed in any other fashion, except when such development is for the purpose of continuing or expanding any legal use (but not to include any previously approved subdivision or planned unit development) which existed upon the property at the time of the approval of the planned unit development plan; or upon the occurrence of one (1) of the following events: . . . . Section 23. Effect of Ordinance. The amendments to Section 29-526 approved by the adoption of this Ordinance shall apply to all new or existing planned unit developments which have not received final approval by the City on or before January 1, 1994. Introduced, considered favorably on first reading, and ordered published in summary this 16th day of November, A.D. 1993, and to be presented for final passage on the 7th day of December, A.D. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of December, A.D. 1993. Mayor ATTEST: City Clerk 64