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HomeMy WebLinkAbout165 - 11/16/1999 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. t 65, 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 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 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 1.4.7(B) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (B) Notwithstanding the provisions of Colorado law to the contrary, any parcel of land, whether larger or smaller than thirty-five (35) acres, may be conveyed by metes and bounds description or by other usual and customary method of land description, without being subject to subdivision requirements; provided, however, that no such conveyance shall imply or confer any right to develop, or create a new lot upon which development can occur if such development has not been approved prior to the conveyance, nor shall such conveyance create a nonconformity of any nature whatsoever, or circumvent the intent or requirements of this Land Use Code. Section 2. That Section 1.5.4 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: i 1.5.4 Reconstruction A nonconforming building or structure or a building or structure containing a nonconforming use which has been taken by governmental acquisition or damaged by fire or other accidental cause or natural catastrophe, may be reconstructed, provided such work is started within six (6) months of the date of occurrence of such damage and completed within one (1) year of the time the reconstruction is commenced, and provided that, to the extent reasonably feasible, such restoration complies with the standards contained in Articles 3 and 4. Section 3. That Section 1.6.4 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 1.6.4 Reconstruction A building or structure containing an existing limited permitted use which has been taken by governmental acquisition or damaged by fire or other accidental cause or natural catastrophe may be reconstructed, provided that, to the extent reasonably feasible, such reconstruction complies with the standards contained in Articles 3 and 4. Section 4. That Section 2.1.2(B) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (B) What uses are proposed? Next, an applicant must identify which uses will be included in the proposed project. If all of the applicant's proposed uses are listed as permitted uses in the applicable zone district for the project, then the applicant is ready to proceed with a development application for a permitted use. If any of the applicant's proposed uses are not listed as permitted uses in the applicable zone district for the project, then the applicant must either eliminate the nonpermitted uses from his or her proposal, seek the addition of a new permitted use pursuant to Section 1.3.4, or seek a text amendment to this Land Use Code or a rezoning amendment to the Zoning Map pursuant to Division 2.9. Any use not listed as a permitted use in the applicable zone district is deemed a prohibited use in that zone district, unless it has been permitted pursuant to Section 1.3.4 for a particular development application. Again, the city's staff will be available to assist applicants with their understanding of the zone districts and permitted uses. Section 5. That Section 2.1.2(F) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 7 (F) What if the development proposal doesn't fit into one of the types of development applications discussed above? In addition to the three (3) development applications for permitted uses, the applicant may seek approval for other types of development applications, including development applications for a modification of standards (Division 2.8), an amendment to the text of the Land Use Code and/or the Zoning Map (Division 2.9), a hardship variance (Division 2.10), an appeal of an administrative decision (Division 2.11) or other requests. These other types of development applications will be reviewed according to applicable steps in the common development review procedures. Section 6. That Section 2.1.2(G) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (G) Is a building permit required? The next step after approval of a final plan is to apply for a Building Permit. Most construction requires a Building Permit. This is a distinct and separate process from a development application. The twelve (12) steps of the common development review procedures must be followed for the Building Permit process. Procedures and requirements for submitting a Building Permit application are described in Division 2.7. Section 7. That Section 2.1.3(A) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (A) Applicability. All development proposals which include only permitted uses must be processed and approved through the following development applications: first through a project development plan (Division 2.4), then through a final plan (Division 2.5), and then through a building permit review (Division 2.7). If the applicant desires to develop in two (2) or more separate project development plan submittals, an overall development plan (Division 2.3) will also be required prior to or concurrently with the project development plan. Each successive development application for a development proposal must build upon the previously approved development application by providing additional details (through the development application submittal requirements) and by meeting additional restrictions and standards (contained in the General Development Standards of Article 3 and the District Standards of G tide 4). Permitted uses subject to administrative review or permitted uses subject to Planning and Zoning Board review listed in the applicable zone district set forth in Article 4, District Standards, 3 shall be processed through an overall development plan, a project development plan or a final plan. If any use not listed as a permitted use in the applicable zone district is included in a development application, it may also be processed as an overall development plan, project development plan or final plan, if such proposed use has been approved, or is concurrently submitted for approval, in accordance with the requirements for an amendment to the text of this Land Use Code and/or the Zoning Map, Division 2.9, or in accordance with the requirements for the addition of a permitted use under Section 1.3.4. Development applications for permitted uses which seek to modify any standards contained in the General Development Standards in Article 3, or the District Standards in Article 4, shall be submitted by the applicant and processed as a modification of standards under Division 2.8. Hardship variances to standards contained in Article 3, General Development Standards, or Article 4, District Standards, shall be processed as hardship variances by the Zoning Board of Appeals pursuant to Division 2.10. Appeals of administrative/staff decisions shall be according to Division 2.11. Section 8. That Section 2.1.3(D)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (1) Purpose and effect. The final plan is the site specific development plan which describes and establishes the type and intensity of use for a specific parcel or parcels of property. The final plan shall include the final subdivision plat (when such plat is required pursuant to Section 3.3.1 of this Code), and if required by this Code or otherwise determined by the Director to be relevant or necessary, the plan shall also include the development agreement and utility plan and shall require detailed engineering and design review and approval. Building permits may be issued by the Building and Zoning Director only pursuant to an approved final plan or other site specific development plan, subject to the provisions of Division 2.8. Section 9. That Section 2.2.3(E)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (1) Recovery of Costs. Development review fees are hereby established for the purpose of recovering the costs incurred by the city in processing, reviewing and recording applications pertaining to development applications or activity within the municipal boundaries of the city, and 4 issuing permits related thereto. The development review fees imposed pursuant to this Section shall be paid at the time of submittal of any development application, or at the time of issuance of the permit, as determined by the City Manager and established in the development review fee schedule. Section 10. That Section 2.2.12 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 2.2.12 Step 12: Appeals Appeals of any final decision of a decision maker under this Land Use Code shall be only in accordance with Chapter 2, Article II, Division 3 of the City Code, unless otherwise provided in Divisions 2.3 through 2.11 of this Land Use Code. Section 11. That Section 2.8.1 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 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, or (3) development plans approved under prior law and which are sought to be amended (either as a minor or major amendment)pursuant to Section 2.2.10. Section 12. That Section 2.9.4(F)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) Rezonings of no more than six hundred forty (640) acres (quasi-judicial): Section 2.2.6(A) shall apply except that the notice provided for therein shall be mailed at least seven (7) days prior to the public hearing/meeting date (instead of fourteen [14] days) and shall identify the proposed new zoning district(s), as well as the uses permitted therein, shall indicate whether a neighborhood meeting will 5 be held with regard to the proposed rezoning, and shall inform the recipient of the notice of the name, address and telephone number of the Director, to whom questions may be referred with regard to such zoning change. Section 2.2.6(B) and (C) shall apply. Section 2.2.6(D) shall not apply. Section 13. That Section 2.10.2(F) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (F) Step 6 (Notice): Section 2.2.6(A) only applies, except that "500 feet" shall be changed to "150 feet," and "14 days" shall be changed to "7 days," everywhere they occur in Section 2.2.6.(A). Section 2.2.6 (B)-(D) shall not apply. Section 14. That Section 3.2.1(E) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph (7) to read as follows: (7) Landscaping of Vehicle Display Lots. Vehicle display lots for vehicle sales and leasing (as those terms are defined in Article 5) that abut an arterial or collector street shall feature landscaped islands along the street at an interval not to exceed every fifteen (15) vehicles or one hundred thirty-five (135) feet, whichever is less. Each landscaped island shall comply with the requirements of Section 3.2.1(E)(5)(c). Section 15. That Section 3.2.2(K)(3) of the Land Use Code of the City of Fort Collins be deleted in its entirety and subsequent paragraphs be renumbered. Section 16. That Section 3.2.3(A) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (A) Purpose. It is the city's intent to encourage the use of both active and passive solar energy systems for heating air and water in homes and businesses, as long as natural topography, soil or other subsurface conditions or other natural conditions peculiar to the site are preserved. While the use of solar energy systems is optional, the right to solar access is protected. Solar collectors require access to available sunshine during the entire year, including between the hours of 9:00 am and 3:00 pm, MST, on December 21, when the longest shadows occur. Additic..ully, a goal of this Section is to ensure that site plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property owners. Thus, standards 6 are set forth to evaluate the potential impact of shade caused by buildings, structures and trees. Section 17. That Section 3.2.4(D) of the land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Design Standards. The lighting plan shall meet the following design standards: (1) Site lighting that may be confused with warning, emergency or traffic signals is prohibited. (2) Background spaces like parking lots shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall utilize local lighting that defines the space without glare. (3) Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up- light, spill-light, glare and unnecessary diffusion on adjacent property. (4) The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized (or otherwise coated) to minimize glare from the light source. (5) Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high-pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources. (6) Unique areas or neighborhoods within the city may have additional design guidelines for lighting as part of a neighborhood or arca plan. The Community Planning and Environmental Sen:ces Department can provide information regarding neighborhood or area plans. Natural areas and natural features shall be protected from light spillage from off-site sources. (7) Maximum on-site lighting levels shall not exceed ten (10) foot-candles, except for loading and unloading platforms where the maximum lighting level shall be twenty (20) foot-candles. (8) Light levels measured twenty (20) feet beyond the property line of the development site (adjacent to residential uses or public rights-of-way) shall not exceed one-tenth (0.1) foot- candle as a direct result of the on-site lighting. (9) Outdoor display lots for vehicles sales and leasing (as those terms are defined in Article 5) shall comply with the requirements of this section. In addition, display fixture illumination shall be reduced within thirty (30) minutes after closing so that the remaining illumination levels are sufficient for security purposes only; provided, however, that any illumination used after 11:00 p.m. shall be reduced to levels sufficient for security purposes only. Section 18. That Section 3.3.2(C)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) The plat shall contain a two-year maintenance guarantee and a five-year repair guarantee covering all errors or omissions in the design and/or construction. Said guarantees shall run concurrently and shall commence upon the date of completion of the public improvements and acceptance by the city, as described in Section 2.2.3(C)(3) (Execution of Plats/Deeds; Signature Requirements). If a plat is not required or if the plat does not include the entire area being developed, then said maintenance and repair guarantees shall be established in a development agreement. Security for the maintenance guarantee and the repair guarantee (hereinafter referred to as the "maintenance/repair security") shall be in the form of a bond, letter of credit, cash, certificate of deposit, an extension of the security as provided in subsection (1) above or other city-approved means to secure said maintenance and repair. The amount of the maintenance/repair security during the mainte- nance guarantee period shall be based on a percentage of the cost of the public improvements. Said percentage shall be determined by the City Engineer based on the potential costs of repairs within the development and shall not exceed twenty-five (25) percent. At the conclusion of the two-year maintenance/repair period, representatives of the city and the developer shall jointly conduct an inspection of the development for the purpose of identifying any repairs or maintenance actions necessary before transfer of the 8 maintenance responsibility from the developer to the city. Upon satisfactory completion of said repairs or maintenance actions, the city will assume the responsibility for maintaining the streets and other improvements which have been dedicated to the city. Section 19. That Section 3.5.2(B)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (B) Housing Model Variety. (1) Any development of one hundred (100) or more single- family detached, single-family attached in groups of two (2), or two-family detached dwelling units shall have at least four (4) different types of housing models. Any development of fewer than one hundred (100) single-family or two-family dwelling units shall have at least three (3) different types of housing models. The applicant shall include in the application for approval of the project development plan documentation showing how the development will comply with the foregoing requirement. Section 20. That Section 3.5.3(C) of the Land Use Code of the City of Fort Collins is hereby amended by changing the introductory sentence to read as follows: (C) Variation in Massing. A single, large, dominant building mass shall be avoided in new buildings and, to the extent reasonably feasible, in development projects involving changes to the mass of existing buildings. Section 21. That Section 3.5.3(D) of the Land Use Code of the City of Fort Collins is hereby amended by the addition of an introductory sentence to read as follows: (D) Character and Image. In new buildings and, to the extent reasonably feasible, in development projects involving changes to existing building walls, facades, or awnings (as applicable), the following standards shall apply: Section 22. That Section 3.5.4(A) and (B) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (A) Purpose. These standards are intended to ensure that large retail building development is compatible with its surrounding area and contributes to the unique community character of Fort Collins. (For expansions/enlargements of large retail establishments, see also Section 3.8.20(A)). 9 (B) Land Use. All Large Retail Establishments shall be located in a group of more than four (4) retail establishments located in a complex which is planned, developed, owned or managed as a single unit with off-street parking provided on the property. Indoor recreation facilities are exempt from this requirement. Section 23. That Section 3.5.4(C)(3)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Entrances. All sides of a large retail establishment that directly face an abutting public street shall feature at least one (1) customer entrance. Where a large retail establishment directly faces more than two (2) abutting public streets, this requirement shall apply only to two (2) sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street. (See Figure 15.). Movie theaters are exempt from this requirement. Section 24. That Section 3.6.2(J)(1), (2) and (3) of the Land Use Code of the City of Fort Collins is hereby amended to read as ('ollows: (J) Public alleys and other easements shall be controlled by the following requirements: (1) Public 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) Public alleys shall be provided in commercial and industrial areas unless other provisions are made and approved for service access. (3) All public alleys shall be constructed in conformance with the "Design and Construction Criteria, Standards and Specifications for Streets, Streetscapee, Sidewalks, Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution. 10 Section 25. That Section 3.6.2(K)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (1) When Allowed. Private streets shall be allowed in a development, provided that their function will only be to provide access to property within the development. Private streets shall not be permitted if (by plan or circumstance) such streets would, in the judgment of the City Engineer, attract "through traffic" in such volumes as to render such streets necessary as connections between developments, neighborhoods, or other origins and destinations outside of the development plan. Section 26. That Section 3.6.2(L) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (L) Private Drives. (1) When Allowed. (a) Internal access or additional cross-access. Private drives shall be allowed in a development, provided that their function will only be to provide access to property within the development or additional cross-access between developments that are also connected by a street(s). Private drives shall not be permitted if (by plan or circumstance) such drives would, in the judgment of the City Engineer, attract "through traffic" in such volumes as to render such drives necessary as connections between developments, neighborhoods, or other origins and destinations outside of the development plan. A private drive shall not be permitted if it prevents or diminishes compliance with any other provisions of this Land Use Code. (b) Primary access in single-family developments. A private drive, instead of a street, shall be allowed to provide primary access to an unusually shaped parcel of land to serve up to four (4) isolated single- family lots, provided that the drive is connected to only one (1) street. The foregoing limit of four (4) single-family lots shall not apply to private drives that provide additional access to property that has street frontage and pedestrian access from a street. 11 Section 27. That Section 3.6.2(L)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Maximum dead-end drive length shall be one hundred fifty (150) feet except for private drives that provide additional access as referenced in subsection (b) above. Section 28. That Section 3.8.3(10) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph (f) to read as follows: (f) adult-oriented use. Section 29. That Section 3.8.3(11) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (11) A home occupation shall be permitted only after the owner or inhabitant of the dwelling in which such occupation is conducted has obtained a home occupation license from the city. The fee for such a license shall be ten dollars (SIO.), and the term of such license shall be two (2) years. At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional ten-dollar fee. If the city is conducting an investigation of a violation of this Code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previous license shall continue during the period of investigation. Section 30. That Section 3.8.7(C)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (1) Limitations for Residential Districts and Uses. Signs in the N-C-L, N-C-M, U-E, R-L, L-M-N, M-M-N, H-M-N, N-C- B, R-C, and P-O-L Districts may include and shall be limited to the following: Section 31. That Section 3.8.11(1) of the Land Use Code of the City of Fort Collins he amended to read as follows: 3.8.11 Fences and Walls Fencing and Walls. Fencing and walls shall meet the following standards: 12 (1) If used along collector or arterial streets, such features shall be made visually interesting and shall avoid creating a "tunnel" effect. Compliance with this standard shall be accomplished by integrating architectural elements such as brick or stone columns, incorporating articulation or openings into the design, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings, or similar techniques. In addition to the foregoing, and to the extent reasonably feasible, fences and sections of fences that exceed one hundred (100) feet in length shall vary the alignment or setback of at least one third (1/3) of the length of the fence or fence section (as applicable) by a minimum of five (5) feet. Section 32. That Section 4.1(D)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) Dimensional Standards. (a) Minimum lot width shall be one hundred (100) feet, except that the minimum lot width for a single family dwelling on a lot located in a subdivision that was developed pursuant to the RL district standards prior to March 28, 1997 shall be sixty (60) feet. (b) Minimum depth of the front yard shall be thirty (30) feet, except that the minimum depth of the front yard for a single family dwelling on a lot located in a subdivision that was developed pursuant to the RL district standards prior to March 28, 1997 shall be twenty (20) feet. (c) Minimum depth of the rear yard shall be twenty- five (25) feet, except that the minimum depth of the rear yard for a single family dwelling on a lot located in a subdivision that was developed pursuant to the RL district standards prior to March 28, 1997 shall be fifteen (15) feet. (d) Minimum side yard width shall be twenty (20) feet, except that the minimum depth of the side yard for a single family dwelling on a lot located in a subdivision that was developed pursuant to the RL 13 district standards prior to March 28, 1997 shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards. (e) Maximum building height shall be three (3) stories. Section 33. That Section 4.4(B)(3)(c)3. of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3. Offices, financial services and clinics-which are not part of a neighborhood center. Section 34. That Section 4.4(D)(4) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (4) Other Nonresidential Development. Permitted nonresidential uses that are not part of a neighborhood center shall not be approved in any development project until the requirements for a neighborhood center in subsection (3) above have been met. This limitation shall not apply to uses permitted along East Vine Drive under subsection (5) belo�x. Section 35. That Section 4.4(D)(7) of the Land Use Code of the City of Fort Collins is hereby amended by changing the introductory sentence to read as follows: (7) Small Neighborhood Parks. Either a neighborhood park or a privately owned park, that is at least one (1) acre in size shall be located within a maximum of one-third ('/3) mile of at least ninety (90) percent of the dwellings in any development project of ten (10) acres or larger, as measured along street frontage. Such parks shall meet the following criteria: Section 36. That Section 4.6(F)(1)(d) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (d) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of a new or existing building. Section 37. That Section 4.7(F)(1)(d) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 14 (d) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of a new or existing building. Section 38. That Section 4.8(E)(1)(d) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (d) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of a new or existing building. Section 39. That Section 4.12(B)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) The following uses are permitted in the subdistricts of the Downtown District, subject to Building Permit (BP) Review, administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use Old City Center Canyon Avenue Civic Center Two-family dwellings Not Permitted Type 1 Not Permitted Single-family attached Not Permitted Type 1 Type 1 dwellings(up to four units per building) Multi-family Bp Type 2 Type 2 Dwellings Group homes Type 1 Type 2 Type 2 Mixed-use dwelling units BP Type 1 Type 1 Boarding and rooming Type 2 Type 2 Type 2 houses Fraternity and sorority Not Permitted Type 2 Not Permitted houses y�rsi a � VISE" _, s " � P I _ 83t'� p m � +- iy, 1, RNI �. s b Fk>j-,a�t � �� Places of worship or Not Permitted Type 1 Not Permitted assembly Public and private schools BP Type 1 Type 1 (colleges,universities, 15 Land Use Old City Center Canyon Avenue Civic Center vocation training) Public and private schools Type 2 Type 2 Type 2 (elementary, intermediate and high school education) Community facilities Type I Type 1 Type I Conference/ BP Type 2 Type 2 convention center Long-term care facilities Type 2 Type 2 Type 2 Public facilities BP Type I Type 1 Parks,recreation and Type I Type 1 Type 1 other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan 16 Transit facilities(without Type 2 Type 2 Type 2 repair/storage) Jails,detention and penal Not Permitted Not Permitted Type 2 centers s �`; 4I- `tr «e'* � M , Bed and breakfast BP Type 1 Type 1 establishments Standard restaurants BP Type 1 Type I Retail establishments BP Type 2 Type 2 Grocery stores Not Permitted Type 1 Type 1 Personal and business BP Type 1 Type 1 service shops Offices, financial services BP Type 1 Type 1 and clinics Artisan,photography BP Type 1 Type 1 galleries and studios Limited indoor recreation BP Type 1 Type 1 establishments Fast food restaurants BP Type I Type 1 Gasoline stations Not Permitted Type 2 Type 2 Bars and taverns BP Type 2 Type 2 Night clubs BP Type 2 Type 2 Entertainment facilities BP Type 2 Type 1 and theaters Child care centers Type 1 Type 1 Type 1 Clubs and lodges BP Type 1 Type 1 Funeral homes Not Permitted Type 2 Not Permitted Lodging establishments Type 2 Type 2 Type 2 Health and membership BP Type 1 Type 1 clubs 17 Parking lots and garages Type 2 Type 2 Type 2 (as a principal use) Veterinary facilities/small Not Permitted Type 2 Type 2 animal clinics Supermarkets Not Permitted Type 2 Type 2 Open-air farmers markets Type 1 Type 1 Type 1 Large retail Type 2 Type 2 Type 2 establishments Print shops Type 1 Type 1 Type 1 Dog day-care facilities Not Permitted Type 2 Type 2 e7 i, ,0.,� dip ,E BP 33 1��Maiew .a b q COWS;� P ` a � s"r,6 ! ' a i �4 �=.^ € dab. WIVES i Workshops and small Not Permitted Type 1 Type 1 custom industry Research laboratories Not Permitted Type 1 Type 1 an- E� At� zwj . . . W i&§. ` Ni a .. } eJ, .r Accessory buildings BP BP BP Accessory uses BP BP BP Satellite dishes more than BP BP BP thirty-nine(39)inches in diameter Wireless telecommuni- Type 1 Type 1 Type 1 cation equipment Wireless Type 2 Type 2 Type 2 telecommunication facilities Drive-in facilities Not Permitted Type 2 Type 2 Section 40. That Section 4.13(13)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 11. to read as follows: 11. Food catering. Section 41. That Section 4.14(13)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 23. to read as follows: 18 23. Food catering. Section 42. That Section 4.15(B)(2)(c) of the Land Use Code of the city of Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows: 20. Food catering. Section 43. That Section 4.16(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 17. to read as follows: 17. Food catering. Section 44. That Section 4.17(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 26. to read as follows: 26. Food catering. Section 45. That Section 4.17(B)(3)(b) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 11. to read as follows: 11. Entertainment facilities and theaters. Section 46. That Section 4.18(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 35. to read as follows: 35. Food catering. Section 47. That Section 4.19(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows: 20. Food catering. Section 48. That Section 4.20(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended by adding new subparagraphs 10. and 11. to read as follows: 10. Food catering. 11. Enclosed mini-storage facilities. Sectiop 49. That Section 4.21(B)(2)(b) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 4. to read as follows: 4. Food catering. 19 Section 50. That Section 4.21(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Land Use Standards (1) Harmony Corridor Land Use Standards. All development in the H-C Harmony Corridor District shall comply with the Harmony Corridor land use and locational standards as adopted by the city and the following specific standards to the extent that such standards apply to the property proposed to be developed. (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. 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. (a) Community facilities. (b) Public facilities. (c) Child care centers. (d) Print shops. (e) Food catering. M Workshops and custom small industry uses. (g) Residential uses. (h) Lodging establishments. (i) Convenience shopping centers. 0) Standard restaurants. (k) Bed and breakfast establishments. (1) Clubs and lodges. (m) Health and membership clubs. (n) Convention and conference centers. 20 (3) Dimensional standards. (a) Maximum building height for all nonresidential uses shall be six (6) stories. Maximum building height for residential uses shall be three (3) stories. (b) All new structures greater than eighty thousand (80,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review. (c) Any building addition that exceeds eighty thousand (80,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review. (4) Density/Intensity. All residential development in the H-C Harmony Corridor District shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. (5) Mix of Housing Types. A mix of permitted housing types shall be included in any development plan proposing residential uses as secondary uses. The following standards are intended to promote a variety of housing within such a development plan: (a) A minimum of two (2) housing types shall be required on any residential portion of a development plan greater than ten (10) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty (30) acres in size, including parcels which are part of a phased development. (b) If single-family detached housing is proposed, at least an equivalent number of single-family attached housing, two-family dwellings, or multi-family dwelling units (or combination thereof) must also be provided. (c) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. (d) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward a street. 21 (6) Access to a park, central feature or gathering place. Within any development proposal that contains a residential component larger than ten (10) acres in size, at least ninety (90) percent of the dwellings 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 (1) 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 ten thousand (10,000) square feet. 2. Location. Such parks must 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. 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 (1) of 2z 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 ten thousand (10,000) square feet in a usable configuration. Such a space may be a park-like lawn, garden, plaza, pavilion or courtyard to accommodate such activities or outdoor gatherings, neighborhood events, picnicking, sitting or active and/or passive recreation. (7) Access to Neighborhood Center. At least ninety (90) percent of the dwellings of a residential development proposal shall be located within three thousand nine hundred sixty (3,960) feet (three-quarter [3/4] mile) of either a neighborhood center pursuant to the requirements of Division 4.4 (D)(3)(c) that is located within the project or within adjacent development, or an existing or planned Neighborhood Commercial District commercial project, which distance shall be measured along street frontage without crossing an arterial street. Section 51. That Section 4.21(E)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (1) Harmony Corridor Development Standards. All development in the H-C Harmony Corridor District shall comply with the Harmony Corridor design standards as adopted by the city and the following specific standards to the extent that such standards apply to the property proposed for development. Section 52. That Section 4.22(13)(2)(b) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 10. to read as follows: 10. Food catering. Section 53. That Section 4.22(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Land Use Standards. (1) Prospect Road Streetscape Program. All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Standards as adopted by the city, to the extent that such Standards apply to the property proposed to be developed. (2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment 23 district development plan that emphasizes primary uses. 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. (a) Veterinary facilities and small animal clinics. (b) Clubs and lodges. (c) Child care centers. (d) Residential uses. (e) Standard restaurants. (f) Lodging establishments. (g) Bed and breakfast establishments. (h) Funeral homes. (i) Health and membership clubs. 0) Convenience shopping centers. (k) Convention and conference center. (1) Food catering. (m) Public facilities. (n) Community facilities. (o) Bars and taverns. (p) Plant nurseries and greenhouses. (q) Dog day-care facilities. (r) Print shops. (s) Workshops and custom small industry uses. (t) Artisan and photography studios and galleries. 24 (3) Locational Standards within the Mountain Vista Subarea. Within the Mountain Vista Subarea, any secondary uses shall be located at least one thousand three hundred twenty (1,320) feet (one-quarter [1/4] mile) from the centerline of Interstate Highway 25. Such secondary uses shall be located so that they have direct access from a collector or local street. (4) Dimensional Standards. (a) Maximum building height for all nonresidential uses shall be four (4) stories. Maximum building height for residential uses shall be three (3) stories. (b) All new structures greater than fifty thousand (50,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review. (c) Any building addition that exceeds fifty thousand (50,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review. (5) Density/Intensity. All residential development in the E Employment District shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. (6) Mix of Housing Types_ A mix of permitted housing types shall be included in any development plan proposing residential uses as secondary uses. The following standards are intended to promote a variety of housing within such a development plan: (a) A minimum of two (2) housing types shall be required on any residential portion of a development plan greater than tcn 00) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty 25 (30) acres in size, including parcels which are part of a phased development. (b) If single-family detached housing is proposed, at least an equivalent number of single-family attached housing, two-family dwellings, or multi-family dwelling units (or combination thereof) must also be provided. (c) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. (d) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward a street. (7) Access to a park, central feature or gathering place. Within any development proposal that contains a residential component larger than ten (10) acres in size, at least ninety (90) percent of the dwellings of a residential development proposal 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 (1) or more of the following uses: (a) Public parks, recreation areas or other open lands. (b) Privately owned parks, meeting the following to the criteria: 1. Size. Such private parks must be a minimum of ten thousand (10,000) square feet. 2. Location. Such parks must 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 26 two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. 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. (e) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If one (1) 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 ten thousand (10,000) square feet in a usable configuration. Such a space may be a park- like lawn, garden, plaza, pavilion or courtyard to accommodate such activities or outdoor gatherings, neighborhood events, picnicking, sitting or active and/or passive recreation. (7) Access to Neighborhood Center. At least ninety (90) percent of the dwellings of a residential development proposal shall be located within three thousand nine hundred sixty (3,960) feet (three-quarter [3/4] mile) of either a neighborhood center pursuant to the requirements 27 of Division 4.4 (D)(3)(c) that is located within the project or within adjacent development, or an existing or planned Neighborhood Commercial District commercial project, which distance shall be measured along street frontage without crossing an arterial street. Section 54. That Section 4.23(B)(2)(b) of the Land Use Code of the City of Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows: 20. Food catering. Section 55. That Section 4.23(E)(3)(a)2. of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 2. A minimum thirty-foot deep landscaped yard shall be provided along all arterial streets, and along any district boundary line that does not adjoin a residential land use. If a district boundary line abuts upon or is within a street right-of-way, then the required landscaped yard shall commence at the street right-of-way line on the district side of the street, rather than at the district boundary line. This requirement shall not apply to development plans that comply with the standards contained in Section 3.5.3. Section 56. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended by adding a new definition "Food catering" to read as follows: Food catering shall mean an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption. Section 57. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended by adding a new definition "Fully shielded" to read as follows: Fully shielded shall mean shielded or constructed so that no light rays are emitted by the installed outdoor light fixtures at angles above the horizontal plane, as certified by a photometric test report. 28 Section 58. That the definition of"Kennel' in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Kennel shall mean a facility where the overnight boarding of dogs, cats or other household pets is conducted as a business. Section 59. That the definition of"Large retail establishment' in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Large retail establishment shall mean a retail establishment, or any combination of retail establishments in a single building, or a movie theater or an indoor recreational use, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Section 60. That that definition "Nonconforming use" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Nonconforming use shall mean either a use which was lawful and nonconforming under prior law on the day before the effective date of this Land Use Code or subsequent amendment thereof, or with respect to lands newly annexed, a use which was lawful immediately before annexation but which does not conform to the use regulations for the zone district in which such use is located either at the time of annexation or as the result of subsequent amendments to this Land Use Code. Section 61. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended by adding a new definition "Reverse vending machine" to read as follows: Reverse vending machine shall mean an automated mechanical device that accepts one or more types of empty beverage containers, including but not limited to aluminum cans, glass or plastic bottles; and which issues a cash refund or a redeemable credit. A reverse vending machine may be designed to accept more than one (1) container at a time, paying by weight instead of by container. Section 62. That the definition of "Vehicle sales and leasing for farm equipment, mobile homes, recreational vehicles, large trucks and boats with outdoor storage" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Vehicle sales and leasing for farm equipment, mobile homes, recreational vehicles, large trucks and boats with outdoor storage shall mean the use of any building, land area or other premises for the display and sale or lease of new or used large trucks, trailers, farm equipment, mobile homes, recreational vehicles, 29 boats and watercraft, and may include the outside storage of inventory, any warranty repair work or other repair service conducted as an accessory use. Introduced and considered favorably on first reading and ordered published in summary form this 2nd day of November, A.D. 1999, and to be presented for final passage on the 16th day of November, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of November, A.D. 1999. Mayor ATTEST: 4�'L City Clerk 30