HomeMy WebLinkAbout131 - 09/19/2006 - AMENDING THE LAND USE CODE ARTICLE 4 TO ADD A NEW RURAL LANDS ZONE DISTRICT, AS DIVISION 4.1 AND REA ORDINANCE NO.131, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE ARTICLE 4 TO ADD A NEW
RURAL LANDS ZONE DISTRICT, AS DIVISION 4.1 AND REARRANGE
DIVISION NUMBERING AND TO REVISE ARTICLE 3 SECTION 3.9.2 TO ALLOW
SINGLE FAMILY RESIDENTIAL IN THE RUL DISTRICT WITHIN
ONE-QUARTER MILE OF INTERSTATE HIGHWAY 25
WHEREAS, on March 18, 1997, by Ordinance No. 051, 1997, the Council of the City of
Fort Collins adopted the Fort Collins Land Use Code(the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and Council that the Land Use Code would most likely be subject to future amendments,
not only for the purpose of clarification and correction of errors, but also for the purpose of
ensuring that the Land Use Code remains a dynamic document capable of responding to issues
identified by staff, other land use professionals and citizens of the City; and
WHEREAS, the Land Use Code lacks a zone district designation sufficient to properly
implement the policies of City Plan for areas designated as "rural lands" and "community
separators" on the City's Structure Plan Map; and
WHEREAS, the Council has determined that the proposed Rural Lands District (R-U-L)
is in the best interest of the citizens of the City because it fills that void in the City's land use
regulations by establishing a zone district which permits large lot and/or residential cluster
development and other uses that are sensitive to and in keeping with a rural and open space edge
to the community, including golf courses, cemeteries and agricultural uses as well as open space
and natural areas;
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 proposed new Rural
Land Zone District and have made recommendations to the Council regarding such issues; and
WHEREAS, the Council has determined that the Land Use Code amendments which
have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 3.9.2 of the Land Use Code is hereby amended to read as
follows:
3.9.2 Location of Single-Family Residential Lots From 1-25
(A) Development of new single-family residential lots within one thousand three
hundred twenty (1,320) feet (one-quarter [%] mile) of the centerline of Interstate
Highway 25 (1-25) shall be prohibited.
(1) Exception: single-family detached dwellings in the Rural Lands District
(RUL) shall be exempt from this standard.
(B) In the Urban Estate zone district, development that creates new single-family
residential lots located between one-quarter (V4) and one-half(%z) mile from the
centerline of I-25 shall utilize the clustering technique (as provided for in Section
4.1(E)(2) of this Land Use Code for the Urban Estate District) in order to
concentrate densities away from I-25, maximize views and preserve landscape
features or open space.
Section 2. That the Land Use Code is hereby amended by the addition of a new
Division 4.1 which reads in its entirety as follows:
Division 4.1 Rural Lands District (RUL)
(A) Purpose. The Rural Lands District is intended for privately owned lands that are
planned as a rural edge to the community. Rural lands include but are not limited
to community separators, clustered residential development, large lot residential,
agriculture, natural area buffers and corridors, and other open lands of similar
character and purpose.
(B) Permitted Uses.
(1) The following uses are permitted in the R-U-L District, subject to Basic
Development review, provided that such uses are located on lots that are
part of an approved site-specific development plan:
(a) Agricultural Uses:
1. Agricultural activities.
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Farm animals.
(c) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997, or in compliance with
this Land Use Code (other than a final subdivision plat, or minor
subdivision plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any multi-family
dwelling containing more than four [4] dwelling units), provided
that such use shall be subject to all of the use and density
requirements and conditions of said site specific development plan.
(d) Any use which is not hereafter listed as a permitted use in this zone
district but which was permitted for a specific parcel of property
pursuant to the zone district regulations in effect for such parcel on
March 27, 1997; and which physically existed upon such parcel on
March 27, 1997; provided, however, that such existing use shall
constitute a permitted use only on such parcel of property.
(2) The following uses are permitted in the R-U-L District subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings on lots containing at least
ten(10) acres.
(b) Institutional/Public/Civic Uses:
1. Public facilities.
2. Parks, recreation and open lands, except neighborhood
parks as defined by the Parks and Recreation Policy Plan.
(c) Industrial Uses:
1. Composting facilities.
(d) Agricultural Uses:
1. Animal boarding.
(3) The following land uses are permitted in the R-U-L District subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Single-family detached dwellings in Residential Cluster
Developments, except that such Residential Cluster
Developments shall, to the maximum extent feasible, be
located at least one-thousand three hundred twenty (1,320)
feet (one-quarter [1/4] mile) from the centerline of
Interstate Highway 25 (I-25).
(b) Institutional/Civic/Pubflc Uses:
1. Golf Courses.
2. Riding Academies.
3. Cemeteries.
(c) Industrial Uses:
1. Resource extraction processes and sales, except that such
uses shall not be permitted in natural area protection
buffers.
(d) Accessory Uses:
1. Wireless Telecommunication Equipment provided that they
are not located within one thousand three hundred twenty
(1,320) feet (one-quarter [1/4] mile) of the centerline of
either I-25 or Carpenter Road.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in
this Section or (2) determined to be permitted by the Director pursuant to Section
1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Residential Density.
(a) Single-Family Detached maximum residential density shall be one
(1) dwelling unit per ten (10) acres.
(b) Residential Cluster Development density shall be based on one (1)
dwelling unit per one hundred thousand (100,000) square feet
measured on the entire site.
(c) Resource Management Area, density of residential cluster
development shall be calculated as follows: The total acres of
subject parcel, less any area that is within a one hundred (100) year
floodway or covered by a body of water, multiplied by 0.5,
equivalent to one(1)dwelling unit per two (2) acres.
(2) Airport Critical Area — No Residential Use. No residential use shall be
permitted within the designated Airport Critical Area.
(3) Dimensional Standards.
(a) A setback area of at least eighty (80) feet shall be provided along
arterial streets, measured from the right-of-way.
(b) Single-family detached dwellings on lots containing at least ten
(10) acres:
1. Minimum lot width shall be two hundred(200) feet.
2. Minimum depth of the front yard shall be sixty(60) feet.
3. Minimum depth of the rear yard shall be fifty(50) feet.
4. Minimum side yard shall be fifty(50) feet.
(c) Single-family detached dwellings in Residential Cluster
Developments:
1. Minimum lot width shall be sixty(60) feet.
2. Minimum depth of the rear yard shall be fifteen(15) feet.
(d) Maximum building height for single-family detached dwellings
shall be three (3) stories.
(E) Development Standards.
(1) Street Connectivity and Design. The following standards shall apply to all
development in the Rural Lands District:
(a) Development in this District shall be exempt from the standards
contained in Section 3.6.3, Street Pattern and Connectivity
Standards.
(b) The layout and design of any new streets shall emphasize
characteristics and views of the open landscape. To the maximum
extent feasible, streets shall be designed to minimize the amount of
site disturbance caused by roadway and associated grading
required for their construction by utilizing special street design
characteristics such as divided lanes, landscape islands and
landscape solutions to drainage instead of standard curb and gutter
(so that storm water runoff is directed into open swales and
ditches). Local and residential access roads shall be designed
without curbs and gutters unless deemed necessary for health and
safety by the City Engineer.
(2) Residential Development Configuration. Residential development may be
configured as lots containing at least ten 10 acres or as a Residential
Cluster Development, at the option of the applicant, except in the Fossil
Creek Reservoir Resource Management Area where clustering shall be
required.
(3) Site Design for Residential Cluster Development. Property in the Rural
Lands District may be developed in clusters, subject to approval by the
Planning and Zoning Board. In a cluster development, lot sizes may be
reduced in order to cluster the dwellings together on twenty (20) percent
of the property, with the remainder of the property permanently preserved
as private open space.
(a) At least eighty (80) percent of the residual gross land area of the
proposed development shall remain under private ownership, as
private open space protected by restrictive covenants for the
benefit of the city, and/or by maintaining existing dwellings and
any outbuildings, protected by restrictive covenants binding upon
either: (1) existing residential owners; (2) the residential
homeowners association if it owns such property; or(3) a nonprofit
organization acceptable to the city, if it owns such property. The
development plan shall include such restrictive provisions
protected by restrictive covenants for the benefit of the city,
proposed uses, and maintenance provisions as necessary to ensure
the continuation of the private open space uses intended. The city
may also require that the developer commit in the Development
Agreement to maintain the open space.
(b) Only the uses specifically permitted in subsection (B) above shall
be allowed in the cluster development. For the residual open land,
existing dwellings and/or outbuildings relating to agricultural use
are allowed to remain and, if included, may be applied toward the
total allowed residential density in the development.
(c) The design of the cluster development shall be appropriate for the
site, as demonstrated by meeting the following criteria:
I. The preservation of significant natural resources, wildlife
habitat, natural areas and features such as drainage swales,
rock outcroppings and slopes, native vegetation, open lands
or agricultural property through maintenance of large,
contiguous blocks of land and other techniques. Residual
land shall be designed to achieve the maximum amount of
contiguous open space possible, while avoiding the creation
of small, isolated and unusable areas.
2. The provision of additional amenities such as trails,
common areas or access to public recreational areas and
open space. Residual lands shall not include any street
rights-of-way or parking areas.
3. The protection of adjacent residential development through
landscaping, screening, fencing, buffering or similar
measures.
4. The layout of lots to conform to terrain and minimize
grading and filling, including the preservation of natural
features such as drainage swales, rock outcroppings and
slopes.
5. The indication of any areas where farm animals will be
allowed, including any mitigation features needed to buffer
these areas from surrounding uses.
Section 3. That the existing Divisions 4.1 through 4.8 in the Land Use Code are now
renumbered as Division 4.2 through Division 4.9.
Section 4. That Division 4.24 - High Density Mixed-Use Neighborhood District (H-
M-N) of the Land Use Code is now Division 4.10.
Section 5. That the remaining Divisions in the Land Use Code are hereby
renumbered as follows:
Division 4.11 Reserved
Division 4.12 Transition District(T)
Division 4.13 Public Open Lands District (P-O-L)
Division 4.14 River Conservation District(R-C)
Division 4.15 Reserved
Division 4.16 Downtown District (D)
Division 4.17 River Downtown Redevelopment District (R-D-R)
Division 4.18 Community Commercial District(C-C)
Division 4.19 Community Commercial - North College District (C-C-N)
Division 4.20 Community Commercial - Poudre River District(C-C-R)
Division 4.21 Commercial District (C)
Division 4.22 Commercial - North College District (C-N)
Division 4.23 Neighborhood Commercial District (N-C)
Division 4.24 Limited Commercial District (C-L)
Division 4.25 Reserved
Division 4.26 Harmony Corridor District(H-C)
Division 4.27 Employment District (E)
Division 4.28 Industrial District (I)
Section 6. That all cross-references in the Land Use Code to Division 4 shall be
renumbered accordingly.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D.
2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading
g on the 19th day o ep tuber, A.D. 2006.
May
ATTEST:
City Clerk