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HomeMy WebLinkAbout041 - 03/16/1999 - MAKING VARIOUS AMENDMENTS TO THE FORT COLLINS LAND USE CODE ORDINANCE NO. 41, 1999 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 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 "fluid" 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, the Planning and Zoning Board and the Zoning Board of Appeals 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 welfare 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 2.3.2(H) of the Land Use Code of the City of Fort Collins 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 N-C Districts, the plan shall be consistent with the block size requirements for those districts. Section 2. That Division 2.8 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 1 DIVISION 2.8 MODIFICATION OF STANDARDS(BY THE PLANNING AND ZONING BOARD Sections: 2.8.1 Purpose and Applicability 2.8.2 Modification Review Procedures 2.8.1 Purpose and Applicability The Planning and Zoning Board is empowered to grant modifications to the General Development Standards contained in Article 3 and the Land Use Standards and Development Standards contained in Article 4 and any separation or proximity standards that are established as a specific measurement of distance in the District Permitted Uses contained in Article 4, either for; (1) overall development plans and/or project development plans which are pending approval at the time that the request for proposed modification is filed, or (2) overall development plans and/or project development plans which the applicant intends to file, provided that such plans are in fact filed with the Director as development applications within one (1) year following the determination of the decision maker on the request for the proposed modification. 2.8.2 Modification Review Procedures A request for modification to the standards shall be processed according to, in compliance with, and subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Section 2.2.1 through 2.2.12, inclusive) as set forth below. A modification may (at the option of the applicant) be processed in a consolidated application and reviewed concurrently with the development application to which it applies, in which event the decision maker shall be the Planning and Zoning Board for both the modification and the development application to which it applies, even if such development application would otherwise have been subject to administrative (Type 1) review. Once a modification is approved, it shall be controlling for the successive, timely filed, development applications for that particular development proposal only to the extent that it modifies the standards pertaining to such plan. (A) Step 1 (Conceptual Review): Applicable. (B) Step 2 (Neighborhood Meeting): Not applicable. (C) Step 3 (Development Application Submittal): All items or documents required for a Modification of Standards as described in the development application submittal master list shall be submitted. The Director may 2 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. (D) Step 4(Determination of Sufficiency): Applicable. (E) Step S(Staff Report): Applicable. (F) Step 6 (Notice): Section 2.2.6(A), (B), and (C) apply. Section 2.2.6(D) shall not apply. (G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section 2.2.7(A), the Planning and Zoning Board shall review, consider and approve, approve with conditions, or deny an application for a modification of standards based on its compliance with all of the standards contained in Step S. Step 7(B)-(G)(1) (Conduct of Public Hearing, Order of Proceedings at Public Hearing, Decision and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions and Plats, Filing with City Clerk): Applicable. Step 7(G)(2) (Final Plats Recorded with County Clerk and Recorder): Not applicable. (H) Step 8 (Standards): Applicable, and the Planning and Zoning Board shall grant a modification of standards only if it finds that the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code,and that: (1) the plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan, adopted policy, ordinance or resolution (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city-wide concern (such as, by way of example only, traffic congestion or 3 urban blight), and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant. Any finding made under subparagraph (1), (2) or (3) above shall be supported by supplemental findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), or (3). (I) Step 9 (Conditions of Approval): Applicable. (J) Step 10 (Amendments): Not Applicable. (K) Step 11 (Lapse): All Modifications of Standards which apply to a pending development plan or a development plan which is timely filed in accordance with the provisions of Section 2.7.1 shall be valid in accordance with the lapse provisions contained in Section 2.2.11. All Modifications of Standards which apply to a development plan which has not been filed in accordance with the provisions of Section 2.7.1 shall be valid for a period of time not to exceed one (1) year following the determination of the decision maker on the request for the proposed modification. (L) Step 12 (Appeal): Applicable. Section 3. That Section 3.4.1 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3.4.1 Natural Habitats and Features (A) Applicability. This section applies if any portion of the development site is within five hundred (500) feet of an area or feature identified as a natural habitat or feature on the city's Natural Habitats and Features Inventory ,Vlap, or if any portion of the development site possesses characteristics (including, without limitation, wetlands, riparian areas or foothills forest) which would have supported their inclusion on the 4 Natural Habitats and Features Inventory Map, and such areas are discovered during site evaluation and/or reconnaissance associated with the development review process. Resources included on the Natural Habitats and Features Inventory Map, as described in detail in Technical Memorandum 2, "Identification of Natural Areas," of the Natural Areas Policy Plan, are as follows: (1) Natural Communities or Habitats (a) Aquatic (e.g., rivers, streams, lakes,ponds) (b) Wetland and wet meadow (c) Native grassland (d) Riparian forest (e) Urban plains forest (f) Riparian shrubland (g) Foothills forest (2) Special Features (a) Significant remnants of native plant communities (b) Potential habitats and known locations of rare, threatened, or endangered plants (c) Potential habitats and known locations of rare, threatened or endangered animals (d) Raptor habitat features, including nest sites, communal roost sites, and key concentration areas (e) Concentration areas for nesting and migratory shorebirds and waterfowl (f) Migratory songbird concentration areas (g) Key nesting areas for grassland birds (h) Fox and coyote dens 5 (i) Mule deer winter concentration areas 0) Prairie dog colonies over fifty (50) acres in size (k) Concentration areas for rare, migrant, or resident butterflies (1) Areas of high terrestrial or aquatic insect diversity (m) Areas of significant geological or paleontological interest (n) Irrigation ditches that serve as wildlife corridors. (B) Purpose. The purpose of this Section is to ensure that when property is developed consistent with its zoning designation, the way in which the proposed physical elements of the development plan are designed and arranged on the site will protect the natural habitats and features both on the site and in the vicinity of the site. (C) General Standard. To the maximum extent feasible, the development plan shall be designed and arranged to be compatible with and to protect natural habitats and features and the plants and animals that inhabit them and integrate them within the developed landscape of the community by: (1) directing development away from sensitive resources, (2) minimizing impacts and disturbance through the use of buffer zones, (3) enhancing existing conditions, or (4) restoring or replacing the resource value lost to the community (either on site or off site) when a development proposal will result in the disturbance of natural habitats or features. (D) Ecological Characterization and Natural Habitat or Feature Boundary Definition. The boundary of any natural habitat or feature shown on the Natural Habitats and Features Inventory ,Llap is only approximate. The actual boundary of any area to be shown on a project development shall be proposed by the applicant and established by the Director through site evaluations and reconnaissance, and shall be based on the ecological characterization of the natural habitat or feature in conjunction with the map. (1) Ecological Characterization Study. If the development site contains, or is within five hundred (500) feet of, a natural habitat or feature, or if it is determined by the Director, upon information or from inspection, that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection, then the developer shall provide to the city an ecological characterization report prepared by a professional qualified in the 6 areas of ecology, wildlife biology or other relevant discipline. The Director may waive any or all of the following elements of this requirement if the city already possesses adequate information required by this subsection to establish the buffer zone(s), as set forth in subsection (E) below, and the limits of development ("LOD"), as set forth in (N) below. The Ecological Characterization study shall describe, without limitation, the following: (a) the wildlife use of the area showing the species of wildlife using the area, the times or seasons that the area is used by those species and the "value" (meaning feeding, watering, cover, nesting, roosting, perching) that the area provides for such wildlife species; (b) the boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands: (c) any prominent views from or across the site; (d) the pattern, species and location of any significant native trees and other native site vegetation; (e) the bank, shoreline and high water mark of any perennial stream or body of water on the site; (fj areas inhabited by or frequently utilized by Sensitive and Specially Valued Species; (g) special habitat features; (h) wildlife movement corridors; (i) the general ecological functions provided by the site and its features; (j) any issues regarding the timing of development-related activities stemming from the ecological character of the area; and (k) any measures needed to mitigate the projected adverse impacts of the development project on natural habitats and features. 7 (2) Wetland Boundary Delineation. In establishing the boundaries of a wetland, the applicant and the Director shall use soil samples, ecological characterization and hydrological evidence, to the extent that such are in existence or are requested of and provided by the applicant. The Director may also utilize the standards and guidelines and/or the professional recommendations of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and/or the Colorado Division of Wildlife in establishing such boundaries. Wetland boundary delineations shall identify both the boundary of any jurisdictional wetland as defined by the standards and guidelines in use by the U.S. Army Corps of Engineers at the time of development review and any additional areas that would be classified as wetlands according to the U.S. Fish and Wildlife Service wetland classification system. (E) Estahlishment of Buffer Zones. For every development subject to this Division, the applicant shall propose, and the decision maker shall approve on the project development plan buffer zone(s) surrounding natural habitats and features. The purpose of the buffer zones is to protect the ecological character of the natural habitat or natural feature from the impacts of the ongoing activity associated with the development. (1) Buffer Zone Performance Standards. The decision maker shall approve buffer zones for each natural habitat or feature contained in the project site. The buffer zones may be multiple and non- contiguous. The general buffer zone distance shall be established according to the criteria contained in the table below, but the decision maker may modify any portion of the general buffer zone distance provided that the performance standards set forth below are achieved. This may result in buffer zones of either greater or lesser distances than those specified in the table below. The decision maker may also modify such buffer zone distance if the strict application of this subsection will impose an exceptional and undue hardship upon the property owner or developer. The buffer zone performance standards are as follows: (a) The project shall be designed to preserve or enhance the ecological character or function and wildlife use of the natural habitat or feature and to minimize or adequately mitigate the foreseeable impacts of development. (b) The project shall be designed to preserve or enhance the existence of wildlife movement corridors between natural features, both within and adjacent to the site. 8 (c) The project shall be designed to preserve significant existing trees and other significant existing vegetation on the site. (d) The project shall be designed to protect from adverse impact species utilizing special habitat features such as key raptor habitat features, including nest sites, night roosts and key feeding areas as identified by the Colorado Division of Wildlife or in the Fort Collins Natural Areas Policy Plan (NAPP); key production areas, wintering areas and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; key use areas for migrant songbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas as identified by the Colorado Division of Wildlife or NAPP; prairie dog colonies over fifty (50) acres in size as included on the Natural Habitats and Features Inventory Map; key areas for rare, migrant or resident butterflies as identified in the NAPP; areas of high terrestrial or aquatic insect diversity as identified in the NAPP; remnant native prairie habitat; mixed foothill shrubland; foothill ponderosa pine forest; plains cottonwood riparian woodlands; and any wetland greater than one-quarter (%4) acre in size. (e) The project shall be designed so that the character of the proposed development in terms of use, density, traffic generation, quality of runoff water, noise, lighting and similar potential development impacts shall minimize the degradation of the ecological character or wildlife use of the affected natural habitats or features. (f) The project shall be designed to integrate with and otherwise preserve existing site topography, including but not limited to such characteristics as steepness of slopes, existing drainage features, rock outcroppings, river and stream terraces, valley walls, ridgelines and scenic topographic features. (g) The project shall be designed to enhance the natural ecological characteristics of the site. If existing landscaping within the buffer zone is determined by the decision maker to be incompatible with the purposes of the buffer zone, then the applicant shall undertake restoration and mitigation measures such as regrading and/or the replanting of native vegetation. 9 (h) The project shall be designed to provide appropriate human access to natural habitats and features and their associated buffer zones to provide for passive recreational uses such as hiking, fishing, photography, nature observation and environmental education consistent with the goals and objectives of the Natural Areas Policy Plan and the General Management Guidelines for City-Owned Natural Areas and Open Spaces, provided that such access is compatible with the ecological character and wildlife use of the natural habitat or feature. (2) Development Activities Within the Buffer Zone. (a) No disturbance shall occur within any buffer zone and no person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any area, including vegetation within natural habitats or features including without limitation lakes, ponds, stream corridors and wetlands, except as provided in subsection (c) below. (b) If the development causes any disturbance within the buffer zone, whether by approval of the decision maker or otherwise, the applicant shall undertake restoration and mitigation measures within the buffer zone such as regrading and/or the replanting of native vegetation. The applicant shall undertake mitigation measures to restore any damaged or lost natural resource either on or off site at the discretion of the decision maker. Any such mitigation or restoration shall be at least equal in ecological value to the loss suffered by the community because of the disturbance, and shall be based on such mitigation and restoration plans and reports as have been requested, reviewed and approved by the decision maker. Unless otherwise authorized by the decision maker, if existing vegetation (whether native or non-native) is destroyed or disturbed, such vegetation shall be replaced with native vegetation and landscaping. (c) The decision maker may allow disturbance or construction activity within the buffer zone for the following limited purposes: 1. mitigation of development activities; 10 2. restoration of previously disturbed or degraded areas or planned enhancement projects to benefit the natural area or feature; 3. emergency public safety activities; 4. utility installations when such activities and installations cannot reasonably be located outside the buffer zone or other nearby areas of development; 5. construction of a trail or pedestrian walkway that will provide public access for educational or recreational purposes provided that the trail or walkway is compatible with the ecological character or wildlife use of the natural habitat or feature; and 6. construction or installation of passive recreation features or public park elements (such as benches, observation blinds, picnic tables, and similar items)provided that such features or elements are compatible with the ecological character or wildlife use of the natural habitat or feature. (3) Planning and Zoning Board Review for Projects with Less Than Recommended Buffer. If the application of the performance standards contained in this subparagraph results in a proposed buffer zone that includes a buffer distance that is, on average, less than eighty (80) percent of the minimum general buffer distance recommended in the Table below, then the project will be reviewed through Planning and Zoning Board Review as defined in 2.2.1. BUFFER ZONE STANDARDS FOR FORT COLLINS NATURAL HABITATS AND FEATURES` ' NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD' Isolated Areas Irrigation ditches that serve as wildlife corridors 50 feet Isolated patches of native grassland or shrubland 50 feet Isolated patches of native upland or riparian forest 50 feet Woodlots/farmstead windbreaks 25 feet Naturalized irrigation ponds 50 feet 11 NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD Naturalized storm drainage channels/detention 50 feet ponds Lakes or reservoirs 100 feet Wetlands < 1/3 acre in size. 50 feet Wetlands> 1/3 acre in size, without significant use 100 feet by waterfowl and/or shorebirds. Wetlands > 1/3 acre in size with significant use by 300 feet waterfowl and/or shorebirds. Stream Corridors Boxelder Creek 100 feet Cache la Poudre River (west UGA boundary to 300 feet College Avenue) Cache la Poudre River in downtown (College to 200 feet Lincoln Avenue)' Cache la Poudre River(Lincoln Avenue to east 300 feet UGA boundary) Cooper Slough 300 feet I Dry Creek 100 feet Fossil Creek and Tributaries rIO feet Spring Creek feet Special Habitat Features/Resources of Special Concern Bald eagle communal feeding sites 660 feet Bald eagle communal roost sites 1 320 feet Bald eagle nest sites 2,640 feet Red-tailed ferruginous, and Swainson's hawk nest 1,320 feet sites Winter raptor concentration areas 300 feet Great blue heron colonial nest sites 825 feet Migratory waterfowl concentration areas 300 feet Nesting waterfowl concentration areas EOfe Migratory shorebird concentration areas Nesting shorebird concentration areas Migratory songbird concentration areas 300 feet Locations of Preble's meadow jumping mouse 300 feet 12 NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD Locations of rare butterfly species site analysis Locations of rare, threatened, or endangered plant site analysis species Locations of geological or paleontological sites of site analysis special interest 'Note that these buffer zone standards do not apply in areas zoned RDR -- River Downtown Redevelopment. Alternative standards are included in the description of this zoning district. Distances may be modified as described in Section ')Al E)(l) above to meet performance standards. 'Distances are horizontal distances in plan view from the natural habitat or feature to the boundary of development lots. (F) Protection of Wildlife Habitat and Ecological Character. (1) Sensitive or Specially Valued Species. If the ecological characterization report required pursuant to subsection (D)(1) above shows the existence in such natural habitat or feature of a plant or wildlife species identified by the city as a Sensitive or Specially Valued Species, or by state or federal agencies as "threatened" or "endangered," then the development plan shall include provisions to ensure that any habitat contained in any such natural habitat or feature or in the adjacent buffer zone which is of importance to the use or survival of any such species shall not be disturbed or diminished and, to the maximum extent feasible, such habitat shall be enhanced. (NOTE: Some studies, e.g., rare plant surveys, are time-limited and can only be performed during certain seasons.) Projects that impact habitat areas used by Sensitive or Specially Valued Species shall be subject to Planning and Zoning Board Review. (2) Connections. If the development site contains existing natural habitats or features that connect to other off-site natural habitats or features, to the maximum extent feasible the development plan shall preserve such natural connections. If natural habitats or features lie adjacent to (meaning in the region immediately round about) the development site, but such natural habitats or features are not presently connected across the development site, then the development plan shall, to the extent reasonably feasible, provide such connection. Such connections shall be designed and 13 constructed to allow for the continuance of existing wildlife movement between natural habitats or features and to enhance the opportunity for the establishment of new connections between areas for the movement of wildlife. (3) Wildlife Conflicts. If wildlife that may create conflicts for the future occupants of the development (including, but not limited to, prairie dogs, beaver, deer and rattlesnakes) are known to exist in areas adjacent to or on the development site, then the development plan must, to the extent reasonably feasible, include provisions such as barriers, protection mechanisms for landscaping and other site features to minimize conflicts that might otherwise exist between such wildlife and the developed portion of the site. (G) Lakes/Riparian Area Protection. (1) Lakes, Reservoirs and Ponds. If the development site contains a lake, reservoir or pond, the development plan shall include such enhancements and restoration as are necessary to provide reasonable wildlife habitat and improve aesthetic quality in areas of shoreline transition and areas subject to wave erosion. The development plan shall also include a design that requires uniform and ecologically and aesthetically compatible treatment among the lots or tracts surrounding a lake, reservoir or pond with regard to the establishment of erosion control protection and shoreline landscaping on or adjacent to such lots or tracts. Water bodies and features such as irrigation ponds, reflecting pools and lagoons constructed as new landscaping features of a development project shall be exempt from the standards contained in this subparagraph. (2) Streambank Stabilization. When the Stormwater Master Plans and the Storm Drainage Design Criteria and Construction Standards of the city require streambank stabilization, native vegetation shall be utilized for such purpose, and engineered stabilization techniques such as exposed rip rap shall be avoided, to the maximum extent feasible. The use of native vegetation shall be the principal means of streambank stabilization, and the use of rip-rap for streambank stabilization shall be restricted to locations where the use of vegetation techniques is not reasonably feasible. 14 (H) Ridgeline Protection. (1) Ridgeline Setback. So that structures blend more naturally into the landscape, rather than being a prominent focal point, no development shall intrude into any ridgeline protection area identified and designated by the Director during the development review process in conjunction with the establishment of the LOD and the buffer zone. For the purposes of this subsection, a designated ridgeline protection area shall include the crest of any hill or slope so designated, plus the land located within one hundred (100) horizontal feet (plan view) on either side of the crest of the hill or slope. (2) Building Height and Profile. Multi-level buildings shall follow the general slope of the site in order to keep the building height and profile in scale with surrounding natural features. (I) Design and Aesthetics. (1) Project design. Projects in the vicinity of large natural habitats and/or natural habitat corridors, including, but not limited to, the Poudre River Corridor and the Spring Creek Corridor, shall be designed to complement the visual context of the natural habitat. Techniques such as architectural design, site design, the use of native landscaping and choice of colors and building materials shall be utilized in such manner that scenic views across or through the site are protected, and manmade facilities are screened from off-site observers and blend with the natural visual character of the area. These requirements shall apply to all elements of a project, including any above ground utility installations. (2) Visual Character of Natural Features. Projects shall be designed to minimize the degradation of the visual character of affected natural features within the site and to minimize the obstruction of scenic views to and from the natural features within the site. fJ) Stormwater Drainage/Erosion Control. All stormwater drainage and erosion control plans shall meet the standards adopted by the city Stormwater Utility for design and construction and shall, to the maximum extent feasible, utilize nonstructural control techniques, including but not limited to: (1) limitation of land disturbance and grading; 15 (2) maintenance of vegetated buffers and natural vegetation; (3) minimization of impervious surfaces; (4) use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined waterways; (5) use of infiltration devices; (6) use of recharge basins, seepage pits, dry wells, seepage beds or ditches, porous pavement or Dutch drains. (K) Water Rights. To the extent that a development plan proposes the creation of water features such lakes, ponds, streams or wetlands, the plan must include clear and convincing evidence that such water features will be supplied with sufficient water whether by natural means or by the provision of sufficient appropriative water rights. No development plan shall be approved which would have the effect of injuring or diminishing any legally established water supply for any natural area. (L) Compatibility with Public Natural Areas. If the project contains or abuts a publicly owned Natural Area, the development plan shall be designed so that it will be compatible with the management of the public property. In order to achieve this, the development plan shall include measures such as barriers or landscaping measures to minimize wildlife conflicts, setbacks or open space tracts to provide a transition between the development and the Natural Area, and educational signage or printed information regarding the natural values, management needs, and potential conflicts associated with living in close proximity to a Natural Area. (M) Access to Public Natural Areas. In the event that the development plan contains or abuts a publicly owned Natural Area, the development plan shall include such easements and rights-of-way as are necessary to allow reasonable access for the public to such Natural Area, unless such access is deemed by the decision maker to be unnecessary and undesirable for the proper public utilization of the Natural. Area. Any such access requirement or dedication shall be credited (based upon a fair market value analysis) against any open space dedication or fee-in-lieu thereof required by the city. If the development site contains any privately owned natural area, any access provided to such area, whether for private or public use, shall be designed and managed in such manner as to minimize the disturbance of existing wildlife using such area. (N) Standards for Protection During Construction. For every development subject to this Division, the applicant shall propose, and the Director shall 16 establish, measures to be implemented during the actual construction phase of the project to ensure protection of natural habitats and features and their associated buffer zones, as follows. (1) Limits of Development. The applicant shall propose, and the Director shall establish on the project development plan, a "limits of development" ("LOD") line(s) to establish the boundary of the project outside of which no land disturbance activities will occur during the construction of the project. The purpose of the LOD lines shall be to protect natural habitats and features and their associated buffer zones from inadvertent damage during site construction activities. The location of the LOD shall be designed to preserve significant ecological characteristics of the affected natural habitat or feature that could not reasonably be restored if disturbed by construction activities association with the project. The LOD shall also be designed to accommodate the practical needs of approved construction activity in terms of ingress and egress to the developed project and necessary staging and operational areas. (2) Designation. LODs, as approved by the Director, shall be shown on the final plan for development. LODs shall be designated in the field prior to commencement of excavation, grading or construction with fencing or other methods approved by the Director. (3) Barrier Fencing. Construction barrier fencing shall be provided at the limits of development during construction. For the protection of trees and clumps of trees to be preserved with a buffer zone that is to be disturbed, tree protection specifications as described in subsection 3.2.1(G)(1) and (3) through (7) shall be followed. (4) Construction Timing. Construction shall be organized and timed to minimize the disturbance of Sensitive of Specially Valued Species occupying or using on-site and adjacent natural habitats or features. (5) Prairie Dog Removal. Before the commencement of grading or other construction on the development site, any prairie dogs inhabiting portions of the site within the LOD shall be relocated or eradicated by the developer using city approved methods as set forth in Chapter 4 of the City Code, and when applicable, using methods reviewed and approved by the Colorado Division of Wildlife. 17 (0) Proof of Compliance. (1) If a proposed development will disturb an existing wetland, the developer shall provide to the city a written statement from the U.S. Army Corps of Engineers that the development plan fully complies with all applicable federal wetland regulations as established in the federal Clean Water Act. (2) The developer shall also provide to the city written statements from such other governmental agencies having jurisdiction, and which have been identified in writing by the Director, that the development plan fully complies with all applicable state (including county) and federal environmental regulations. Such written statements shall be provided to the Director prior to the scheduling of the hearing for the project development plan. Section 4. That Section 3.7.2 of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph (A)(4) to read as follows: (4) Exemption for properties located within certain planned subareas. Development located within the following planned subareas need not comply with the requirements of this subsection (.A): (a) Fossil Creek Reservoir Area. (b) Harmony Corridor. Section 5. That Section 4.4(D)(3) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (3) Neighborhood Centers. (a) Access to Neighborhood Center. At least ninety (90) percent of the dwellings in all development projects greater than forty (40) acres shall be located within three thousand nine hundred sixty (3,960) feet (three-quarter [1/41 mile) of either a Neighborhood Center contained within the project, or an existing Neighborhood center located in an adjacent development, or an existing or planned Neighborhood Commercial District commercial project, which distance shall be measured along street frontage, and without crossing an arterial street. Neighborhood Centers shall meet the requirements contained in subparagraphs (b) through (e)below. 18 (b) Location. A neighborhood center shall be planned as an integral part of surrounding residential development and located where the network of local streets provides direct access to the Center.. The location may be: 1. in the interior of a residential development, or 2. along arterial streets. Neighborhood centers with retail uses or restaurants located on arterial streets shall be spaced at least three thousand nine hundred sixty (3,960) feet (three-quarter [1/4] mile) apart. (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; offices, financial services and clinics; personal or business service shops; standard or fast food restaurants; small animal veterinary clinics; and artisan or photography studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall be a maximum of five (5) acres in size, excluding schools, parks and outdoor spaces as defined in subparagraph (e) of this Section. (d) Design and Access. The design of neighborhood centers shall be integrated with surrounding residential areas by matching the scale of nearby residential buildings; providing direct access from surrounding residential areas; creating usable outdoor spaces; orienting building entrances to connecting walkways; and, to the extent reasonably feasible, maintaining/continuing the architectural themes or character of nearby neighborhoods. (e) Outdoor Spaces. A publicly accessible outdoor space such as a park, plaza, pavilion or courtyard shall be included within or adjacent to every neighborhood center to provide a focal point for such activities as outdoor gatherings, neighborhood events, picnicking, sitting, and passive and active recreation. 19 Section 6. That Section 4.4(13)(7)(b) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (b) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians and open to the public. Section 7. That Section 4.5(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Land Use Standards. (1) Density. Residential developments in the Medium Density Mixed- Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less and located in the Infill Area shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multi- story mixed-use buildings. (a) The minimum residential density of any phase in a multiple-phase development plan shall be seven (7) dwelling units per net acre of residential land. (2) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety: (a) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels part of a phased development. A minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger. (b) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots are encouraged adjacent to common open spaces. 20 (c) The following list of housing types shall be used to satisfy this requirement. 1. Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet. 2. Two-family dwellings. 3. Single-family attached dwellings. 4. Mixed-use dwelling units. 5. Group homes. 6. Multi-family dwellings. (d) Lot pattern. The lot size and layout pattern for Medium Density Mixed-Use Neighborhoods shall be designed to allow buildings to face toward the street. (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 [1/4] 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 or more of the following uses: (a) Public parks, recreation areas or other open lands. (b) Privately owned parks, meeting the following criteria: 1. Size. Such private parks must be a minimum of 10,000 square feet. 2. Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. 21 3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. 4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize. 5. Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners association. 6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If one of these buildings or structures is used to meet the requirements of this subsection, then it must also include a year-round, publicly accessible, outdoor space of at least 10,000 square feet in a usable configuration. Such a space may be a park-like lawn, garden, plaza, pavilion or courtvard to accommodate such activities as outdoor gatherings, neighborhood events, picnicking, sitting or active and/or passive recreation. (4) Secondary Uses. All residential uses, parks and recreational facilities and community facilities are considered the primary uses of this zone district. All other permitted uses are considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than fifteen (15) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area. but shall not be required to provide a mix of land uses within the development. 11 Section 8. That Section 4.5(E) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (E) Development Standards. (1) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: (a) Block structure. Each Medium Density Mixed-Use Neighborhood and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 18A through 18F). Natural areas, irrigation ditches, high-voltage power • lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block. (b) Block Size. All blocks shall be limited to a maximum size of seven (7) acres. (c) Minimum Building Frontage. Forty (40) percent of each block side or fifty (50) percent of the block faces of the total block shall consist of either building frontage, plazas, or other functional open space. (d) Building Height. Buildings shall be limited to a maximum of three (3) stories. (2) Buildings. (a) The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story. (b) The portion of a building within a radius of fifty (50) feet of the right-of-way of any street intersection (except an arterial/arterial intersection (except an arterial/arterial intersection may contain an additional fourth story) (c) Minimum setback from street right-of-way: none. Section 9. That Section 4.14(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Land Use Standards. (1) Community Facilities. To the maximum extent feasible, community facilities such as community buildings, government offices, recreation centers, and libraries shall be placed in central locations as highly visible focal points. To the extent reasonably feasible, they shall be located close to transit stops. (2) Secondary Uses. All residential permitted uses, except mixed use dwellings in multi-story mixed use buildings, shall be considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than thirty (30) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development. Section 10. That Section 4.14(E) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (E) Development Standards. (1) Site Planning. (a) Building Orientation. The configuration of shops in the Community Commercial District shall orient primary ground-floor commercial building entrances to pedestrian- oriented streets, connecting walkways, plazas, parks or similar outdoor spaces, not to interior blocks or parking lots. Anchor tenant retail buildings may have their primary entrances from off-street parking lots; however, on-street entrances are strongly encouraged. The lot size and layout pattern for individual blocks within the Community Commercial District shall support this requirement. (b) Central Feature or Gathering Place. At least one (1) prominent or central location within each geographically distinct Community Commercial District shall include a convenient outdoor open space or plaza with amenities such as benches, monuments, kiosks or public art. This 24 feature and its amenities may be placed on blocks with community facilities. (c) Integration of the Transit Stop. Community Commercial Districts shall be considered primary stops on the regional transit network. Transit stops, to the maximum extent feasible, shall be centrally located and adjacent to the core commercial area. Commercial uses must be directly visible and accessible from the transit stop. Transfers to feeder buses shall be provided for in the design and location of these stops. (See also Section 3.6.5, Transit Facilities Standards.) (2) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision-maker determines that compliance with a specific element of the standard F is -infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: (a) Block structure. Each Community Commercial District and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 18A through 18F at Section 4.5(E).) Natural areas, irrigation ditches, high- voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block. (b) Block Size. All blocks shall be limited to a maximum size of seven (7) acres, except that blocks containing supermarkets shall be limited to ten (10) acres in size. (c) Minimum Building Frontage. Forty (40) percent of each block side of fifty (50) percent of the total of all block sides shall consist of either building frontage, plazas, or other functional open space. (c) Building Height. All buildings shall have a minimum height of twenty (20) feet. All buildings shall be limited to five (5) stories. 25 Section 11. That Section 4.19(A) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (A) Purpose. The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a medium-density mixed-use neighborhood. In addition to retail and service uses, the District may include neighborhood-oriented uses such as schools, employment, day care, parks, small civic facilities, as well as residential uses. Section 12. That Section 4.19(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Land Use Standards. (1) District Boundaries/Edges. Land use boundaries and density changes in the Neighborhood Commercial District shall occur at mid-block locations to the maximum extent feasible, rather than at streets (so that similar buildings face each other). (2) Secondary Uses. All residential permitted uses, except mixed use dwellings in multi-story mixed use buildings, shall be considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than thirty (30) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development. Section 13. That Section 4.19(E) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (E) Development Standards. (1) Site Planning. (a) Overall Plan. The applicant shall demonstrate that the development plan contributes to a cohesive, continuous, visually related and functionally linked pattern within existing or approved development plans within the contiguous Neighborhood Commercial District area in 26 terms of street and sidewalk layout, building siting and character, and site design. (b) Central Feature or Gathering Place. At least one (1) prominent or central location within each geographically distinct Neighborhood Commercial District shall include a convenient outdoor open space or plaza with amenities such as benches, monuments, kiosks or public art. This feature and its amenities may be placed on blocks, with shared civic facilities. (c) Integration of the Transit Stop. Neighborhood Commercial Districts shall be considered major stops on the local transit network. Transit stop facilities, to the maximum extent feasible, shall be integrated into the design of the District, centrally located, and epsily accessible for pedestrians walking to and from the •• surrounding neighborhoods. (See also Diyision 3.6 Transportation and Circulation.) (2) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision-maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: (a) Block structure. Each Neighborhood Commercial District and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 18A through 18F at Section 4.5(E)) Natural areas, irrigation ditches, high- voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block. (b) Block Size. All blocks shall be limited to a maximum size of seven (7) acres, except that blocks containing supermarkets shall be limited to a maximum of 10 acres. (c) Minimum Building Frontage: Forty (40) percent of each block side or fifty (50) percent of the total block frontage shall consist of either building frontage, plazas, or other functional open space. 17 (d) Building Height All building shall have a minimum height of twenty (20) feet. All buildings shall be limited to five (5) stories. Section 14. That the definition of"Community facility" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Community facility shall mean a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative, or entertainment needs of the community as a whole. Section 15. That the definition of"Sensitive or Specially Valued Species" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Sensitive or Specially Valued Species shall mean the following species: Federally Threatened and Endangered Species; State of Colorado Threatened and Endangered Species; State of Colorado Species of Concern as identified in the document, Colorado's Natural Heritage: Rare and Imperiled Animals, Plants and Natural Communities, April 1996, Volume 2, No. 1, Animals and Plants of Special Concern and/or any other species identified as in need of protection in the City of Fort Collins Natural Areas Policy Plan. Introduced, considered favorably on first reading, and ordered publjshed in summary form this 2nd day of March, A.D. 1999, and be presented for final passage on the 16th day of March, A.D. 1999. M-ayOTJ i ATTEST: 11 City Clerk Passed and adopted on final reading this 16th day of March, A.D. 1999. Mayor C ' ATTEST: City Clerk 28