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HomeMy WebLinkAbout090 - 06/03/2003 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 090, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 3.2.2(K)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (b) which reads in its entirety as follows and all subsequent paragraphs renumbered accordingly: (b) Multi-family, Attached or Two-family Projects Developed with Internal Streets: Parking on an internal street fronting on a lot or tract containing multi-family, attached or two-family dwellings (except for mixed use dwellings and single-family detached dwellings) may be counted to meet the parking requirements for the development. Section 2. That Section 3.2.2(K)(5)(d) of the Land Use Code is hereby amended to read as follows: (d) Each parking lot shall contain at least the minimum specified number of handicap spaces as provided in the table below. When only one (1) such space is required, that space shall be designated as a van I accessible space, and must be a minimum of eight (8) feet wide and adjoin a minimum eight (8) foot wide access aisle. Section 3. That Section 3.5.1(B) of the Land Use Code is hereby amended to read as follows: (B) Architectural Character. New developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is complementary. In areas where the existing architectural character is not definitively established, or is not consistent with the purposes of this Land Use Code, the architecture of new development shall set an enhanced standard of quality for future projects or redevelopment in the area. Compatibility shall be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed infill development. Brick and stone masonry shall be considered compatible with wood framing and other materials. Section 4. That the title of Section 3.5.2(D) of the Land Use Code is hereby amended to read as follows: (D) Residential Building Setbacks, Lot Width and Size. Section 5. That Section 3.5.2(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Side and Rear Yard Setbacks. The minimum side yard setback for all residential buildings and for all detached accessory buildings that are incidental to the residential building shall be five (5) feet from the property line, except for alley-accessed garages for which the minimum setback shall be eight (8) feet. If a zero-lot line development plan is proposed, a single six-foot minimum side yard is required. Rear yard setbacks in residential areas shall be a minimum of eight (8) feet from the rear property line, except for garages and storage sheds not exceeding eight (8) feet in height, where the minimum setback shall be zero (0) feet. 2 Section 6. That Section 3.5.2(D) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: (5) Maximum Size of Detached Accessory Buildings. Any detached accessory building that is incidental to a single-family or two- family dwelling shall contain a maximum of eight hundred (800) square feet of floor area, except that the size of such building may be increased by the minimum amount necessary to accommodate a handicap accessible parking bay when such a bay is required by the city's Building Code. Section 7. That Section 3.5.3(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Site-Specific Design. Building design shall contribute to the uniqueness of a zone district, and/or the Fort Collins community with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified as necessary to comply with the requirements of this subsection. Section 8. That Section 3.5.5(A) of the Land Use Code is hereby amended to read as follows: (A) Purpose. Neighborhood convenience shopping centers are intended to provide locations for small scale, everyday shopping and services assembled together in an attractive, convenient destination to primarily serve consumer demand from adjacent areas. These standards supplement the general standards for all commercial and mixed use development, in order to promote development in which the commercial component is tempered as needed to reflect neighborhood character and minimize the garish or intrusive characteristics of commercial development. Section 9. That Section 3.5.5(C)(1) of the Land Use Code is hereby amended to read as follows: (1) Architectural Style. Standardized architecture, recognized as a prototype of a larger chain of establishments, shall be customized as necessary to express a level of quality that enhances the distinctive character of the immediate neighborhood and the city as a whole. Forms and finish materials of buildings, signage, 3 gasoline pump canopies and other accessory structures shall be compatible with the architectural character of the adjacent area through compliance with the following standards: Section 10. That Section 3.8.3(1) of the Land Use Code is hereby amended to read as follows: (1) Such use shall be conducted entirely within a dwelling and carried on by the inhabitants of the dwelling with not more than one (1) additional employee or co-worker. The hours of operation during which clients, customers, employees or co-workers are allowed to come to the home in connection with the business activity are limited to between 8:00 a.m. and 6:00 p.m. Monday through Saturday. Section 11. That Sections 4.1(B)(3)(c), 4.3(B)(3)(c), 4.4(B)(2)(c), 4.5(B)(2)(c), 4.7(B)(1)(c), 4.8(B)(1)(c), 4.12(B)(1) table — all sub districts, 4.13(B)(3)(c), 4.14(B)(2)(c), 4.15(B)(2)(c), 4.16(B)(2)(c), 4.17(B)(3)(b), 4.18(B)(2)(c), 4.19(B)(2)(c), 4.20(B)(1)(c), 4.21(B)(2), 4.22(B)(2)(c), 4.23(B)(3)(c) and 4.24(B)(2)(c) be amended to add "Elderly day care center" as a permitted use with said amendment to occur as the last enumerated item in the list of permitted uses contained in each Section. Section 12. That Section 4.5(B)(1)(a)1. of the Land Use Code is hereby amended to read as follows: 1. Accessory buildings. Section 13. That Section 4.5(B)(2)(d)of the Land Use Code is hereby deleted in its entirety. Section 14. That Section 4.5(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [1/a] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses: 4 Section 15. That Section 4.9(B)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with Division 2.10 permitting installation or enlargement of a permanent structure containing a use which was existing at the time the property was placed in this District, or containing a use which is ancillary to such existing use. When applying the standards of Division 2.10.2(H), Section 2.10.2(H)(2) shall not apply. Section 16. That the land use "Grocery stores" contained in Section C. of the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center Grocery stores(occupying Type 1 Type 1 Type 1 between five thousand [5,000] and twenty-five thousand[25,000] square feet) Section 17. That Section 4.16(D)(3)(a)3. of the Land Use Code is hereby deleted in its entirety. Section 18. That Section 4.21(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 6 which reads in its entirety as follows: 6. Small animal veterinary clinics. Section 19. That Section 4.24(B)(1)(a)l. of the Land Use Code is hereby amended to read as follows: 1. Accessory buildings. Section 20. That Section 4.24(B)(2)(d) of the Land Use Code is hereby deleted in its entirety. 5 Section 21. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition Carriage house which reads in its entirety as follows: Carriage house shall mean a single-family detached dwelling that is located behind a separate, principal dwelling on the same lot, where the carriage house is attached to a garage that serves as the only garage space for the principal dwelling. Section 22. That the definition of "Convenience shopping center" contained Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Convenience shopping center shall mean a shopping and service center situated on seven (7) or fewer acres with four (4) or more business establishments with separate exterior entrances, located in a complex which is planned, developed and managed as a single unit, and located within and intended to primarily serve the consumer demands of adjacent employment areas. The principal uses permitted include retail stores; business services; convenience retail stores with fuel sales (possibly including an accessory one-bay automatic carwash); personal business and service shops; standard or fast food restaurants (without drive-up windows); vehicle minor repair, servicing and maintenance uses; liquor sales (for on- or off- premise consumption); beauty or barber shops; dry-cleaning outlets; equipment rental (not including outdoor storage); limited indoor recreational uses; pet shops; and uses of similar character. Secondary uses may include professional offices; limited banking services such as branch banks (with limited drive-up facilities) and automated teller machines; multi-family dwellings; medical offices and clinics; small animal veterinary clinics; child care centers; and elderly day-care facilities. Section 23. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Elderly day care center" which reads in its entirety as follows: Elderly day care center shall mean a non-residential facility providing for the care, supervision, protection and social activities of persons over sixty (60) years of age during normal daytime working hours but does not provide residential, overnight or twenty-four(24)hour services. Section 24. That the definition of "Zero lot line development plan" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Zero lot line development plan shall mean a development plan where one (1) or more dwellings (limited to single-family detached or single-family attached dwellings) are placed on lots in such a manner that at least one (1) of the dwelling's sides rests directly on a lot line, as measured from the outer edge of the dwelling's foundation at the ground line, so as to enhance the usable open space on the lot. 6 Introduced and considered favorably on first reading and ordered published this 3rd day of June, A.D. 2003, and to be presented for final passage on the 17th day of June, A.D. 2003. Mayor TTEST: City Clerk Passed and adopted on"final reading this 17th day of June, A.D. 2003. Mayor Pro Tem ATTEST. City Clerk