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HomeMy WebLinkAbout064 - 05/06/1997 - MAKING MINOR REVISIONS TO THE LAND USE CODE ORDINANCE NO. 64, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN MINOR REVISIONS TO THE LAND USE CODE WHEREAS, by Ordinance No. 51, 1997,the Council, on March 18, 1997, adopted the Land Use Code; and WHEREAS, subsequent to the adoption of the Land Use Code, the need for certain minor revisions has come to the attention of the staff; and WHEREAS, the Council has determined that the Land Use Code ought to be amended to correct said oversights and omissions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That Section 2.3.2(H) of the Land Use Code is hereby amended to read as follows: (H) Step 8(Standards): Applicable. An overall development plan shall comply with the following criteria: (1) The overall development plan shall be consistent with the permitted uses and applicable zone district standards (Article 4) of all zone districts contained within the boundaries of the overall development plan and shall also be consistent with any applicable general development standards(Article 3). If the overall development plan contains any land within the M- M-N, C-C and/or the N-C Districts, the Plan shall be consistent with the land use requirements, block size requirements and permitted uses of the block standards for those districts. (2) The overall development plan shall be consistent with the required density range of residential uses (including lot sizes and housing types) with regard to any land which is part of the overall development plan and which is included in the following districts: (a) The Low Density Mixed-Use Neighborhood District (L-M-N). See Section 4.4(D), (b) The Medium Density Mixed-Use Neighborhood District(M-M-N). See Section 4.5(D)). (3) The overall development plan shall conform to the contiguity requirements of the Compact Urban Growth Standards as required pursuant to Section 3.7.2. (4) The overall development plan shall conform to the Master Street Plan requirements and the street pattern/connectivity standards both within and adjacent to the boundaries of the plan as required pursuant to Sections 3.6.1 and 3.6.3(A) through(F). (5) The overall development plan shall provide for the location of transportation connections to adjoining properties in such manner as to ensure connectivity into and through the overall development plan site from neighboring properties for vehicular, pedestrian and bicycle movement, as required pursuant to Section 3.6.3(F) and Section 3.2.2(C)(6). (6) The overall development plan shall show the location and size of all natural areas and features within its boundaries and shall indicate the applicant's proposed rough estimate of the limits of development and natural area buffer zones as required pursuant to Section 3.4.1(C). (7) The overall development plan shall be consistent with the appropriate Drainage Basin Master Plan. (8) Any standards relating to housing density and mix of uses will be applied over the entire overall development plan, not on each individual project development plan review. Section 2. That Division 3.8 of the Land Use Code is hereby amended by the addition of a new Section 3.8.20, entitled"Expansion of Large Retail Establishments"to read as follows: 3.8.20 Expansion of Large Retail Establishments No addition to an existing large retail establishment which would increase the gross square feet of floor area of such establishment by fifty (50)percent or more, and no addition to a building which would create a large retail establishment and which would increase the gross square footage of floor area of such building by fifty (50) percent or more, shall be approved for construction or occupancy unless the entire large retail establishment affected by the new construction has been determined by the Planning and Zoning Board to be in compliance with the "Building Standards for Large Retail 2 Establishments" contained in Section 3.5.4, whether the existing large retail establishment, or building was approved under prior law or under this Land Use Code. Section 3. That Section 3.6.2 of the Land Use Code is hereby amended to read as follows: 3.6.2 Streets, Streetscapes,Alleys, and Easements (A) Streets on a project development plan or subdivision plat shall conform to the Master Street Plan where applicable. All streets shall be aligned to join with planned or existing streets. All streets shall be designed to bear a logical relationship to the topography of the land. Intersections of streets shall be at right angles unless otherwise approved by the Director of Engineering. (B) Cul-de-sacs shall be permitted only if they are not more than six hundred sixty (660) feet in length and have a turnaround at the end with a diameter of at least eighty (80) feet. Surface drainage on a cul-de-sac shall be toward the intersecting street, if possible, and if not possible a drainage easement shall be provided from the cul-de-sac. If fire sprinkler systems or other fire prevention devices are to be installed within a residential subdivision,these requirements may be modified by the Director of Engineering according to established administrative guidelines and upon the recommendation of the Poudre Fire Authority. (C) Except as provided in(B) above for cul-de-sacs, no dead-end streets shall be permitted except in cases where such streets are designed to connect with future streets on adjacent land, in which case a temporary turnaround easement at the end of the street with a diameter of at least eighty (80) feet, must be provided. Such turnaround easement shall not be required if no lots in the subdivision are dependent upon such street for access. (D) If residential lots in a subdivision are adjacent to an arterial street, no access to individual lots from such arterial street shall be permitted. (E) Lots adjacent to an arterial street shall have a minimum depth of one hundred fifty (150) feet. (1) Alternative Compliance. Upon request by the applicant, the Director may approve an alternative lot plan that does not 3 meet the standard of this subsection (E) if the alternative lot plan includes additional buffering or screening that will, in the judgment of the Director,protect such lots from the noise, light and other potential negative impacts of the arterial street as well as, or better than, a plan which complies with the standard of this Subsection(E). (2) Procedure. Alternative lot plans shall be prepared and submitted in accordance with the submittal requirements for streets, streetscapes, alleys and easements as set forth in this Section and landscape plans as set forth in Section 3.2.1. The alternative lot plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will equally well or better accomplish the purpose of this Subsection (E) than would a plan which complies with the standards of this Subsection(E). (3) Review Criteria. To approve an alterative lot plan, the Director must first find that the proposed alternative plan accomplishes the purpose of this Subsection(E)as well as, or better than,a lot plan which complies with the standard of this Subsection. In reviewing the proposed alternative plan, the Director shall take into account whether the lot plan provides screening and protection of the lots adjacent to the arterial street from noise, light and other negative impacts of the arterial street equally well or better than a plan which complies with the standard of this Subsection(E). (F) Reverse curves on arterial streets shall be joined by a tangent at least two hundred (200) feet in length. (G) The applicant shall not be permitted to reserve a strip of land between a dedicated street and adjacent property for the purpose of controlling access to such street from such property unless such reservation is approved by the Director of Engineering and the control of such strip is given to the city. (H) Street right-of-way widths shall conform to the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,Alleys and Other Public Ways"as approved and amended by the City Council from time to time by ordinance or resolution. 4 (I) Alleys and other easements shall be controlled by the following requirements: (1) Alleys in residential subdivisions shall be permitted only when: (a) they are necessary and desirable to continue an existing pattern, or (b) they are needed to allow access to residential properties having garages or other parking areas situated behind the principal structure and the principal structure is on a narrow residential local street. (2) Alleys shall be provided in commercial and industrial areas unless other provisions are made and approved for service access. (3) All alleys shall be constructed in conformance with the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution. (4) Easements, public and private, of such widths as necessary shall be provided on lots for utilities, public access, stormwater drainage or other public purposes as required and approved by the Director of Engineering. (5) Pedestrian and bicycle paths shall be provided to accommodate safe and convenient pedestrian and bicycle movement throughout the subdivision and to and from existing and future adjacent neighborhoods and other development; all such pedestrian and bicycle paths shall be constructed in conformity with the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution. (6) The subdivider shall be responsible for adequate provisions to eliminate or control flood hazards associated with the subdivision in accordance with Chapter 10 of the Code. Agreements concerning stormwater drainage between private parties shall be subject to city review and approval. Section 4. That Division 4.4(D)(6)of the Land Use Code is hereby amended to read as follows: 5 (D) Land Use Standards. (6) Facing Uses. To the extent reasonably feasible, land use boundaries in neighborhoods shall occur at mid-block locations rather than at streets, so that similar buildings face each other. Section 5. That Division 4.5(B)(2)(a) and (3)(a) of the Land Use Code is hereby amended to read as follows: (2) The following uses are permitted in the M-M-N District, subject to administrative review: (a) Residential Uses: 1. Single-family detached dwellings on lots containing no more than six thousand (6,000) square feet. 2. Two-family dwellings. 3. Single-family attached dwellings. 4. Multi-family dwellings. 5. Mixed use dwelling units. 6. Group homes for up to eight (8) developmentally disabled or elderly persons. 7. Boarding and rooming houses. (3) The following uses are permitted in the M-M-N District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Group homes, other than allowed in subparagraph (2)(a) above. 2. Fraternity and sorority houses. 3. Long term care facilities. 6 Section 6. That Article 5 of the Land Use Code is hereby amended by the addition of a new definition to read as follows: Zone district shall mean a zone district of the city as established in Section 1.3.1 unless the term is used in a context that clearly indicates that the term is meant to include both the zone district(s) of the city and the zone district(s) of an adjoining governmental jurisdiction. Section 7. That wherever the term "zoning district" (whether initial capitalized or not) and the term"Zone District' are found in the Land Use Code, such terms shall be changed to "zone district'unless the sentence construction requires an initial capitalization. Introduced, considered favorably on first reading, and ord ublished this 1$*-da� of April, A.D. 1997, and to be presented for final passage on the fth deaf May, Mayor ATTEST: City Clerk j r Passed and adopted on final reading this 6th day of May;'A.D;�1997. ayor ATTEST: City Clerk 7