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HomeMy WebLinkAbout161 - 12/20/2005 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 161, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 2.2.1(E) of the Land Use Code is hereby amended to read as follows: 2.2.1 Step 1: Conceptual Review/Preliminary Design Review (A) Conceptual Review: (1) Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to his or her development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Representatives of the Community Planning and Environmental Services, Transportation Services, Poudre Fire Authority, Police Services, Water & Wastewater Utility, Electric Utility, Storm Drainage Utility, Building and Zoning Department, and Cultural, Library and Recreation Services regularly attend conceptual review meetings. (2) Applicability. A conceptual review is mandatory for all overall development plans and for project development plans not subject to an overall development plan. Conceptual review must occur at least one (1) day prior to submittal of any application for an overall development plan or project development plan which is not subject to an overall development plan. The conceptual review may be waived by the Director for those development proposals that, in his or her opinion, would not derive substantial benefit from such review. (3) Concept Plan Submittal. The applicant shall bring a sketch showing the location of the proposed project, major streets and other significant features in the vicinity to the Conceptual Review meeting. (4) Staff Review and Recommendation. Upon receipt of a concept plan, and after review of such plan with the applicant, the Director shall furnish the applicant with written comments regarding such plan, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the development application. (B) Preliminary Design Review: (1) Purpose. Preliminary design review is an opportunity for an applicant to discuss requirements, standards, procedures, potential modifications of standards or variances that may be necessary for a project and to generally consider in greater detail the development proposal design which has been evaluated as a part of the conceptual review process. While the conceptual review process is a general consideration of the development proposal, preliminary design review is a consideration of the development proposal in greater detail. Problems of both a major and minor nature can be identified and solved during the preliminary design review before a formal application is made. Representatives of the Community Planning and Environmental Services, Transportation Services, Poudre Fire Authority, Police Services, Water & Wastewater Utility, Electric Utility, Storm Drainage Utility, Building and Zoning Department, and Cultural, Library and Recreation Services regularly attend preliminary design review meetings. Additionally, other public or quasi-public agencies which may be impacted by the development project are invited and encouraged to attend the preliminary design review. These agencies may include the gas utility, water and/or wastewater utility districts, ditch companies, railroads, cable television service providers, and other similar agencies. 2 (2) Applicability. Although a preliminary design review is not mandatory, it may be requested by the applicant for any development proposal. A request for preliminary design review may be made in an informal manner, either in writing or orally, but must be accompanied by the payment of the application fee as established in the development review fee schedule. Preliminary design review, if requested by the applicant, must occur at least seven (7) days prior to the submittal of any application for an overall development plan or project development plan which is not subject to an overall development plan. (3) Preliminary Plan Submittal. In conjunction with a preliminary design review, the applicant shall submit all documents required for such review as established in the development application submittal requirements master list. (413) Staff Review and Recommendation. Upon receipt of a preliminary development proposal for review, and after review of such proposal with the applicant, the Director shall furnish the applicant with written comments and recommendations regarding such proposal in order to inform and assist the applicant prior to preparing components of the development appliation. In conjunction with the foregoing, the Director shall provide the applicant with a "critical issues list" which will identify those critical issues which have surfaced in the preliminary design review as issues which must be resolved during the review process of the formal development application. The critical issues list will provide to applicants the opinion of the Director regarding the development proposal, as that opinion is established based upon the facts presented during conceptual review and preliminary design review. To the extent that there is a misunderstanding or a misrepresentation of the facts, the opinion of the Director may change during the course of development review. The positions of the Director that are taken as a part of the cricital issues list may be relied upon by applicants, but only insofar as those positions are based upon clear and precise facts presented in writing, either graphically or textually on plans or other submittals, to the Director during the course of preliminary design review. Section 2. That Section 2.2.2(B) of the Land Use Code is hereby amended to read as follows: (B) Applicability. A neighborhood meeting shall be required on any development proposal that is subject to Planning and Zoning Board review unless the Director determines as a part of the staff review and recommendation required pursuant to Section 2.2.1(A)(4) that the development proposal would not have significant neighborhood impacts. Section 3. That Sections 2.2.11(D)(3)and (4) of the Land Use Code are hereby amended to read as follows: (3) Term of Vested Right. Within a maximum of three (3) years following the approval of a final plan or other site specific development plan, the applicant must undertake, install and complete all engineering improvements (water, sewer, streets, curb, gutter, street lights, fire hydrants and storm drainage) in accordance with city codes, rules and regulations. The period of time shall constitute the "term of the vested property right." The foregoing term of the vested property right shall not exceed three (3) years unless: (a) an extension is granted pursuant to paragraph (4) of this subsection, or (b) the city and the developer enter into a development agreement which vests the property right for a period exceeding three (3) years. Such agreement may be entered into by the city only if the subject development constitutes a "large base industry" as defined in Article 5, or if the Director determines that it will likely take more than five (5) years to complete all engineering improvements for the development, and only if warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles and market conditions. Any such development agreement shall be adopted as a legislative act subject to referendum. Failure to undertake and complete the development within the term of the vested property right shall cause a forfeiture of the vested property right and shall require resubmission of all materials and reapproval of the same to be processed as required by this Land Use Code. All dedications as contained on the final plat shall remain valid unless vacated in accordance with law. (4) Extensions. Extensions for two (2) successive periods of one (1) year each may be granted by the Director, upon a finding that the plan complies with all general development standards as contained in Article 3 and Zone District Standards as contained in Article 4 at the time of the application for the extension. Any additional one (1) year extensions shall be approved, if at all, only by the Planning and Zoning Board, upon a finding that the plan complies 4 with all applicable general development standards as contained in Article 3 and Zone District Standards as contained in Article 4 at the time of the application for the extension, and that the applicant has been diligent in constructing the engineering improvements required pursuant to paragraph (3) above, though such improvements have not been fully constructed. A request for an extension of the term of vested right under this Section must be submitted to the Director in writing at least thirty (30) days prior to the date of expiration. Time is of the essence. The granting of extensions by the Director under this Section may, at the discretion of the Director, be referred to the Planning and Zoning Board. Section 4. That Section 2.9.2 of the Land Use Code is hereby amended to read as follows: 2.9.2. Applicability Any and all amendments to the text of this Land Use Code and any and all changes to the Zoning Map must be processed in accordance with this Division. Commencing one (1) year after the effective date of this Land Use Code, amendments to the Zoning Map shall be processed only twice per calendar year and shall be considered by the Planning and Zoning Board in March or April and in September or October of such year; provided, however, that this limitation shall not apply to petitions for amendments to the Zoning Map initiated by the owners of properties in the Transition District, which petitions shall be governed by the provisions of Section 4.9(B)(2), for properties located within the Infill Area or that are considered Redevelopment, or to initial Zoning Ma amendments P g P following annexation, or to Zoning Map amendments which are founded upon the adoption and implementation of a subarea plan. Only the Council may, after recommendation of the Planning and Zoning Board, adopt an ordinance amending the text of this Land Use Code or the Zoning Map in accordance with the provisions of this Division. Section 5. That Section 3.2.2(L) of the Land Use Code is hereby amended to read as follows: TABLE A Standard Vehicle Dimensions in feet A B C D E F G 0° 8 23 8 23 20 12 300 8.5 20 17.4 17 20 15 5 450 8.5 20 20.2 12 20 15 600 9 19 21 10.4 24 20 900 9 19 19 9 24* 20** TABLE B Com act Vehicle Dimensions in feet A B C D E F G 00 7.5 19 7.5 19 20 12 300 7.5 16.5 14.8 15 20 15 450 7.5 16.5 17 10.6 20 15 600 8 16 17.9 9.2 24 20 900 8 15 15 8 24* 20** A-Angle of Parking B-Stall Width C-Stall Length D-Stall Depth E-Curb Length F-Two-Way Drive Aisle Width G-One-Way drive Aisle Width *When garages are located along a driveway and are opposite other garages or buildings, the driveway width must be increased to 28 feet. **When an overhand is allowed to reduce stall depth,aisle width must be increased to 22 feet. (See Figure 4) Section 6. That Section 3.2.4(D) of the Land Use Code is hereby amended to read as follows: (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. Light fixtures shall be attached to poles and buildings by the use of non-adjustable-angle brackets or other mounting hardware. Under-canopy fueling areas shall feature flush-mount, flat lens light fixtures. (10) Exposed L.E.D. (light emitting diode) lighting shall be limited to a maximum of one thousand(1,000) candela per square meter(nits). 6 Section 7. That Section 3.6.2(L) of the Land Use Code is hereby amended to read as follows: (L) Private Drives. (1) When Allowed. (b) Primary access in single-family developments. A private drive, instead of a street, shall be allowed to provide primary access to residential development, provided that the drive is connected to only one (1) street. (2) Design Requirements. Private drives shall be designed to meet the following criteria: (a) If any property served by the private drive cannot receive fire emergency service from a public street, then all emergency access design requirements shall apply to the private drive in accordance with Section 3.6.6. An "emergency access easement" must be dedicated to the city for private drives that provide emergency access. (c) The design of private drives shall comply with all the standards for Emergency Access as contained in Section 3.6.6. (5) Naming and Addressing. Private drives shall be named, if necessary, to comply with the standards for Emergency Access as contained in Section 3.6.6. Addressing of the property shall be assigned by the city in conformance with the Latimer County Urban Area Street Standards. Section 8. That Section 3.6.3(H)(1) of the Land Use Code is hereby amended to read as follows: (H) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative development plan that 7 may be substituted in whole or in part for a plan meeting the standards of this Section. (1) Procedure. Alternative compliance development plans shall be prepared and submitted in accordance with submittal requirements for plans as set forth in this Section. The plan and design shall clearly identify and discuss the alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. Section 9. That Section 4.1(E)(1) of the Land Use Code is hereby amended to read as follows: (E) Development Standards. (1) Street Connectivity and Design. The following standards shall apply to all development in the Urban Estate District: (a) To the extent reasonably feasible development in this District shall comply with the requirements contained in Section 3.6.3, Street Pattern and Connectivity Standards, in order to provide integration between neighborhoods. Section 10. That Section 4.5(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Restaurant, limited mixed-use. Section 11. That Section 4.8(B)(2)(a)3 of the Land Use Code is hereby amended to read as follows: 3. Multi-family dwellings up to four (4) units which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure on October 25, 1991, provided that such multi- family dwelling is located within a street- fronting principal building. 8 Section 12. That Section 4.24(B)(3) of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Restaurant, limited mixed-use. (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunications equipment. Section 13. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Candela per square meter(nits)" which reads in its entirety as follows: Candela per square meter(nits) shall mean a unit of measurement referring to the illumination of exposed L.E.D. (light emitting diode) lighting and also referred to as nits. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the. addition of a new definition "Redevelopment' which reads in its entirety as follows: Redevelopment shall mean the intensification of use of existing underutilized buildings and/or development sites, building rehabilitation, or removal or demolition of existing buildings, followed promptly by construction of replacement buildings. Section 15. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Restaurant, limited mixed-use" which reads in its entirety as follows: Restaurant, limited mixed-use shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to consume state, and in which the design or principal method of operation includes all of the following characteristics: (1) food and beverages are usually served in edible containers or in paper, plastic or other disposable containers; (2) the consumption of food and beverages is encouraged or permitted within the restaurant building, elsewhere on the premises or for carryout; (3) there is no drive-in or drive-through facility as a part of the establishment; 9 (4) the establishment is contained within or physically abuts a multi-family dwelling; (5) the establishment is clearly subordinate and accessory to a multi-family dwelling; (6) the establishment shall not exceed one thousand five hundred (1,500) feet in gross leasable floor area; (7) the establishment shall not engage in serving alcohol; and (8) the establishment shall not engage in the playing of amplified music. Introduced and considered favorably on first reading and ordered published this 29th day of November, A.D. 2005, and to be presented for nal passage on the th day of December, A.D., 2005. May ATTEST: �Ot S1.Ic City Clerk Passed and adopted on final reading this 20th da o ecember, A D. 20 Mayor U :.Cifty�Clerk 10