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HomeMy WebLinkAbout177 - 12/17/2002 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 177, 2002 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 be, and hereby is, amended as follows: Section 1. That Section 1.5.5(A)(2) of the Land Use Code is hereby amended to read as follows: (2) The enlargement, expansion or construction shall not result in the conversion of the nonconforming use of a seasonal to a year-round operation. Section 2. That Section 1.5.5 of the Land Use Code is hereby amended by the addition of a new subparagraph(c)which reads as follows: (C) The hours of operation of a nonconforming use may not be extended into the hours between 10:00 p.m. and 7:00 a.m. Section 3. That Section 2.2.10(A)(4) of the Land Use Code is hereby amended to read as follows: (4) Appeals. Appeals of the decision of the Director regarding the approval, approval with conditions or denial of minor amendments of any approved development plan or site specific development 1 plan shall be to the Planning and Zoning Board. Any such appeal shall be taken by filing a notice of appeal of the final decision with the Director within fourteen (14) days after the action that is the subject of the appeal. The decision of the Planning and Zoning Board on such appeals shall constitute a final decision appealable pursuant to Section 2.2.12 (Step 12). Section 4. That Section 2.11.2(C) of the Land Use Code is hereby amended to read as follows: (C) Step 3 (Development Application Submittal): All items or documents required for an appeal from an administrative decision as described in the development application submittal master list shall be submitted. The Director may waive or modify the foregoing submittal requirements if, given the facts and circumstances of the specific application, a particular requirement would either be irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of the application. Section 5. That Division 2.12 of the Land Use Code is hereby amended by the addition of a new Section 2.12.5 which reads as follows: 2.12.5 Effective Date of Annexation An annexation shall take effect upon the last to occur of the following events: (1) the tenth (10`') day following passage on second reading of the annexation ordinance (except for emergency ordinances); and (2) the filing for recording of three (3) certified copies of the annexation ordinance and map of the area annexed, containing a legal description of such area, with the Larimer County Clerk and Recorder. Section 6. That Section 2.14.2(A) of the Land Use Code is hereby amended to read as follows: (A) No building shall be erected, moved or structurally altered unless a Building Permit has been issued by the Building and Zoning Director. All permits shall be issued in conformance with the provisions of this Land Use Code and shall expire six (6) months after the date that such Building Permit was issued unless properly acted upon in accordance with the provisions of the Uniform Building Code, as amended. One (1) six (6) month extension may be granted by the Building and Zoning Director. 2 Section 7. That Section 3.2.1(K)(2) of the Land Use Code is hereby amended to read as follows: (2) Six (6) feet between trees and water or sewer lines. Section 8. That Section 3.2.2(L) of the Land Use Code is hereby amended to read as follows: (L) Parking Stall Dimensions. Parking areas for automobiles shall meet the following minimum standards for long- and short-term parking of standard and compact vehicles: Section 9. That subsections (A), (B) and (C) of Section 3.4.7 of the Land Use Code are hereby amended to read as follows: 3.4.7 Historic and Cultural Resources (A) Purpose. This Section is intended to ensure that (1) historic sites, structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity of the historic resource; and (2) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood. This Section is intended to protect designated or individually eligible historic sites, structures, or objects as well as sites, structures or objects in designated historic districts, whether on or adjacent to the project site. (B) General Standard. If the project contains a site, structure or object that (1) is determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places; (2) is officially designated as a local or state landmark, or is listed on the National Register of Historic Places; or (3) is located within an officially designated historic district or area, then the development plan and building design shall provide for the preservation and adaptive use of the historic resource. The development plan and building design shall protect and enhance the historical and architectural value of any such historic property, whether on or adjacent to the project site. New buildings must be compatible with the historic character of any such historic resource, whether on the project site or adjacent thereto. 3 (C) Determination of Landmark Eligibility. The determination of individual eligibility for local landmark designation will be made by the Landmark Preservation Commission after reviewing the construction date (or age of site or object) and photographs of the historic resource (to be provided by the applicant). A site, structure or object may be determined to be individually eligible for local landmark designation if it meets one (1) or 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 completed Colorado Cultural Resource Survey Architectural Inventory Form for the property. (Forms are available from the Community Planning and Environmental Services Department.) The determination of individual eligibility for the National or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. Section 10. That Section 3.4.7(E)(1) of the Land Use Code is hereby amended to read as follows: (E) New Construction. (1) To the maximum extent feasible, the height, setback and/or width of new buildings shall be similar to those of existing historic buildings on any block face on which the new building is located and on any portion of a block face across a local or collector street from the block face on which the new building is located unless, in the judgment of the decision maker, such historic buildings would not be negatively impacted with respect to their historic exterior integrity and significance by reason of the new building(s) being constructed at a dissimilar height, setback and/or width. Where building setbacks cannot be maintained, elements such as walls, columns, hedges or other screens shall be used to define the edge of the site and maintain alignment. Taller buildings or portions of building shall be located interior to the site. Buildings at the ends of blocks shall be of a similar height to buildings in the adjoining blocks. Section 11. 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 and Lot Width. 4 Section 12. 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 fifteen (15) 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, and for alley-accessed garages and dwellings for which the minimum setback shall be eight (8) feet. Section 13. That Section 3.5.2(D) of the Land Use Code is hereby amended by the addition of a new subparagraph(4)which reads as follows: (4) Minimum lot width. A minimum lot width of fifty(50) feet shall be required for any single family detached dwelling if the garage and/or driveway is served by access from the abutting street unless such lot also adjoins an alley or is located at the corner of two (2)public streets. (a) Alternative Compliance. Upon request by an applicant, the decision maker may approve alternative lot widths that may be substituted for lot widths that meet the standards of this Section. 1. Procedure. Subdivision plans showing alternative compliance lot widths shall be prepared and submitted in accordance with submittal requirements for plans as set forth in Section 2.4.2(C). The plan shall clearly identify and discuss modifications and alternatives proposed for utility placement necessary to serve the development and ways in which the plan would better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. 2. Review Criteria. To approve an alternative plan, the decision maker must first find that 5 the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan that complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall consider the extent to which the proposed design provides sufficient utility service, and whether utility services can be adequately maintained over the passage of time. Section 14. That Section 3.8.3(10) of the Land Use Code is hereby amended by the addition of a new subparagraph(g)which reads as follows: (g) vehicle repair, servicing, detailing or towing if vehicles are: 1. dispatched from the premises, or 2. are brought to the premises, or 3. are parked or stored on the premises or on an adjacent street. Section 15. That the tables contained in Section 3.8.6 (A) and (B) of the Land Use Code are hereby amended to read as follows: (A) . . . Maximum number of M a x i m u m Minimum residents Additional lot permissible separation Zone excluding area for each residents, requirements supervisors,for additional resident e x c l u d i n g between any other minimum lot (square feet) supervisors group home size (feet) U-E 3 2,000 8 1,500 R-L, N-C-L, H-C, E, 3 1,500 8 1,500 R-F L-M-N,N-C-M, 6 750 8 1,000 R-D-R N-C-B,D,C-N, 6 500 8 700 C-C-N,M-M-N, H-M-N,N-C,C, C-C,C-L,C-C-R 6 Atom" -Onft, (B) . . . Maximum Minimum number of Additional lot M a x i m u m separation residents permissible Zone excluding area for each residents, requirements supervisors,for additional resident e x c l u d i n g between any other minimum lot (square feet) supervisors group home size (feet) L-M-N,N-C-M, 6 750 15 1,000 R-D-R N-C-B,D,C-N, 6 500 20** 700 C-C-N,M-M-N, H-M-N,N-C, C,C-C,C-L,C-C-R Section 16. That Section 3.8.7(L)(1) of the Land Use Code is hereby amended to read as follows: (1) No election sign authorized by Section 3.8.7(C)(1)(g) or 3.8.7(D)(2) shall be allowed on a lot prior to forty-five (45) days before an election day; provided, however, that any person desiring an election sign to remain on a lot in any zone district for a longer period may apply to the Zoning Board of Appeals for a variance to extend the time period. The board shall determine, based upon factors other than agreement or disagreement with the contents of the particular election sign, whether there is sufficient reason for an extension of time and the exact amount of time to be allowed under any extension, taking into consideration the purpose for which the sign was erected, whether or not that purpose would still be served by allowing the sign to remain on the lot for an additional period of time, and the appropriate amount of time necessary to effectuate that purpose. All election signs shall be removed within four(4) days after the election day. Section 17. That Section 3.8.17(A)(3) of the Land Use Code is hereby amended to read as follows: (3) Contextual Height. Regardless of the maximum building height limit imposed by the zone district standards of this Land Use Code, applicants shall be allowed to use a "contextual" height limit. The allowed "contextual" height may fall at any point between the zone district maximum height limit and the height of a building that exists on a lot that is adjacent to the subject lot. This provision 7 shall not be interpreted as requiring greater minimum heights or lower maximum heights than imposed by the underlying zone district. Section 18. That Section 3.8.19(A) of the Land Use Code is hereby amended by the addition of a new subparagraph(10)to read as follows: (10) decks which are not more than thirty(30) inches above ground. Section 19. That Section 4.4(B)(3)(b)l. of the Land Use Code is hereby amended to read as follows: 1. Public and private schools for elementary, intermediate and high school education, and for vocational and technical training. Section 20. That Section 4.21(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment- based development plan that emphasizes primary uses. A secondary use shall be subject to administrative review or Planning and Zoning Board review as required for such use in Section 4.21(B). The following permitted uses shall be considered secondary uses in this zone district and together shall occupy no more than twenty-five (25) percent of the total gross area of the development plan. Section 21. That Section 4.22(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment district development plan that emphasizes primary uses. A secondary use shall be subject to administrative review or Planning and Zoning Board review as required for such use in Section 4.22(B). The following permitted uses shall be considered secondary uses in this zone district and together shall occupy no more than twenty-five (25) percent of the total gross area of the development plan. Section 22. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition 'Block face" which reads as follows: 8 Block face shall mean the portion of a block that abuts a street. Section 23. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Zero lot line development plan" which reads as follows: Zero lot line development plan shall mean a development plan where the location of 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. Section 24. That the definition of "Retail establishment" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail establishment (also known as retail store) shall mean an establishment of twenty-five thousand (25,000) square feet or less of gross leasable floor area in which sixty (60) percent or more of the gross floor area is devoted to the sale or rental of goods, including stocking, to the general public for personal or household consumption or to services incidental to the sale or rental of such goods or merchandise. Section 25. That the definition of"Zero lot line" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Zero lot line structure shall mean a structure with at least one (1) wall conterminous with the lot line, which wall may include footings, eaves and gutters that may encroach onto the adjacent lot under the authority of an encroachment and maintenance easement. Introduced and considered favorably on first reading and ordered published in summary form this 19th day of November, A.D. 2002, and to lie presented for final passage on the 17th day of December, A.D. 2002. -mayor ~ ATTEST: 4alv-� I" A City Clerk 9 Passed and adopted on final reading this 17th day of December, A.D. 2002. A Mayor ATTEST: JA LA City Clerk 10