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Home My WebLink About208 - 02/06/2007 - AMENDING DIVISION 4.24 OF THE LAND USE CODE ORDINANCE NO. 208, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING DIVISION 4.24 OF THE LAND USE CODE WHEREAS, Division 4.24 of the Land Use Code contains regulations regarding the Limited Commercial Zone District in the City; and WHEREAS, the Northwest Subarea Plan, which was adopted by the City Council by Resolution 2006-120, recommends that several small commercial areas which have been in existence for many years should be zoned into the Limited Commercial Zone District and regulated under its provisions; and WHEREAS, since the Limited Commercial Zone District contains certain specific regulations related only to the area around Riverside Avenue, the Council has determined that Division 4.24 should be amended so that it can more appropriately apply to the regulation of both the Riverside Avenue area and the areas in the Northwest Subarea Plan; and WHEREAS, the Planning and Zoning Board has recommended to the City Council that the proposed amendments to Division 4.24 of the Land Use Code be adopted, and the Council has determined that it is in the best interests of the City that such amendments be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Division 4.24 of the Fort Collins Land Use Code is hereby repealed in its entirety and reenacted to read as follows: DIVISION 4.24 LIMITED COMMERCIAL DISTRICT (C-L) (A) Purpose. The Limited Commercial District is intended for areas primarily containing existing, small commercial uses that are adjacent to residential neighborhoods. Many of these areas have transitioned over time from residential to commercial uses. The District is divided into the Riverside Area as depicted in Figure XX and all other areas. The purpose of this district is to allow small scale non-residential uses to continue to exist or to expand while still protecting surrounding residential areas, provided that such areas have been designated under an adopted subarea plan as being appropriate for the Limited Commercial District. � 1 Figure XX Riverside Area / 4 stain , r'o i k Op a _ , Olive ... ._.,._.._..r`�, . Magnolia � S ----- Mulberry E' 4 E � z �. . Myrtle _ 1 jl - ! ob 5 - Laurel (B) Permitted Uses. (1) The following uses are permitted in the C-L District, subject to basic development review: (a) 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. 2 (b) 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 subdistricts of the C-L District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use Riverside Area All Other Areas A. RESIDENTIAL Single-family detached dwellings BDR BDR Two-family dwellings BDR BDR Single-family attached dwellings BDR BDR Multi-family dwellings BDR Type 1 Group homes BDR Type 1 Mixed-use dwelling units Type l Type l Extra occupancy rental houses with five (5) or fewer BDR BDR tenants Extra occupancy rental houses with more than five (5) Type 1 Type 1 tenants Fraternity and sorority houses BDR Type 1 li Shelters for victims of domestic violence BDR BDR B. INSTITUTIONAL/CIVIC/PUBLIC Places of worship or assembly BDR T el Transit facilities without repair and storage) BDR Type I Parks, recreation and other open lands, except Type 1 Type I neighborhood parks as defined by the Parks and Recreation Policy Plan Community facilities Not Permitted Type I Public and private schools for college, university Type 1 Type I vocational or technical training Public facilities Type l Type I Neighborhood parks as defined by the Parks and BDR BDR Recreation Policy Plan C. COMMERCIAURETAIL Vehicle minor repair, servicing and maintenance BDR Type I establishments Vehicle major repair, servicing and maintenance BDR Type 2 establishments Vehicle sales,leasing and rentals with outdoor storage BDR Not Permitted Child care centers BDR BDR Entertainment facilities and theaters BDR Type I Clubs and lodges BDR Type 1 Offices, financial services and clinics BDR BDR Parkin lots and aza es as a principal use BDR Not Permitted Personal and business service shops BDR BDR - 3 Plumbing,electrical and carpenter shops BDR BDR Standard restaurants BDR Type 1 Fast food restaurants (without drive-in or drive-through BDR Type 1 facilities Frozen food lockers BDR Type 1 Retail establishments BDR Type 1 Limited indoor recreation BDR Type 1 Veterinarian facilities and small animal clinics BDR Type 1 Veterinary hospitals BDR Type 1 Dog day care facilities BDR Type 1 Print shops BDR Type 1 Exhibit halls BDR Type 1 Adult day/respite care centers BDR BDR Convenience retail stores without fuel sales Type l Type l Convenience retail stores with fuel sales Type l Type l Bars and taverns Type l Type I Gasoline stations Type 1 Not Permitted Farm implement and heavy equipment sales Type 1 Not Permitted Mobile home, recreational vehicle and truck sales and Type 1 Not Permitted leasing Funeral homes Type I Type I Drive-in restaurants Type 1 Not Permitted Food catering or small food product preparation Type l Type I Enclosed mini-storage facilities Type I Type I Indoor kennels Type I Type I Artisan and photography studios and galleries Not Pemritted Type 1 Bed and breakfast establishments Not Permitted Type 1 Grocery stores Not Permitted Type 1 Small scale reception centers Not Permitted Type 1 Animal Boarding Not Permitted Type 2 Plant nurseries and greenhouses Not Permitted Type 1 Health and membership clubs Not Permitted Type 1 Open Air Farmers Markets Not Permitted Type 1 Lod2in2 establishments Type I Type I D. INDUSTRIAL Workshops and custom small industry uses BDR BDR Transportation terminals truck,container storage) BDR Not Permitted Warehouses BDR Type 1 Warehouse and distribution facility BDR Not Permitted Light industrial uses Not Permitted Type 2 Research laboratories Not Permitted Type 1 Outdoor storage facilities consisting only of the storage Type 1 Not Permitted of vehicles which are towed to the premises and temporarily stored until such vehicles are claimed by the vehicle owners or moved to an auction or junk yard or other similar disposal site, provided that such facilities are located at least thirty-five (35) feet from the flow line of all abutting arterial streets. E. ACCESSORY—MISC. Wireless telecommunication equipment Type l Type l Wireless telecommunication facilities Type l Type l Satellite dish antennas greater than thirty-nine (39) BDR BDR inches in diameter - 4 - (C) Prohibited Uses. All uses that are not expressly allowed as permitted uses in this Section or 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)Building Height. The maximum building height shall be three(3) stories. (2) Non-residential Development. Non-residential development in all areas except for the Riverside Area shall comply with the following criteria: (a) To the extent reasonably feasible, loading docks, service bays and garage doors shall not face any abutting public street, in order to encourage such facilities to be located so as to face side yards or other internal site areas and not public streets. If it is not reasonably feasible to accommodate the function of the intended use without such facilities facing an abutting public street, then such facilities shall be completely incorporated into the architectural design of the building. (b) Any enclosed mini-storage facility shall include either a caretaker's dwelling or at least one (1) of the following uses: any residential use; offices, financial services and clinics; personal or business service shops; convenience retail stores; retail establishments; standard or fast food restaurants; or small animal veterinary clinics. Such additional use shall face an adjacent public street, and shall occupy at least twenty-five (25) percent of the building frontage along the street. Any storage unit building frontage along the street shall consist only of rear walls of storage unit buildings and landscaping. Fencing along streets shall be wrought iron, or its visual equivalent, and any fencing along streets that exceeds four (4) feet in height shall be placed in segments between buildings, and not as a continuous perimeter fence. E. Development Standards (1) Development Standards in All Areas Except for the Riverside Area. Nonresidential development in all areas except for the Riverside Area shall comply with the following criteria: (a) Building Standards. All nonresidential buildings permitted under this Section, including industrial buildings, shall meet the standards for Mixed- Use and Commercial Buildings contained in Section 3.5.3. (b) Maximum Size. No building permitted by this Section shall have a single undifferentiated mass with a footprint over ten thousand (10,000) square feet. Except for schools and places of worship and assembly, no building footprint shall exceed a total of twenty thousand(20,000) square feet. - 5 - 1. For any building with a footprint in excess of ten thousand (10,000) square feet, walls that are greater than seventy-five (75) feet in length shall incorporate recesses or projections created by wall plane returns of at least thirty (30) feet; any such building shall be differentiated into multiple sections of mass in order to achieve proportions that are compatible in scale with adjacent residential neighborhoods. (d) Hours of Operation. The decision maker may limit hours of operation, hours when trucking and deliveries may occur, and other time related characteristics of the nonresidential uses in order to enhance the compatibility with adjacent residential uses. (2) Development Standards in the Riverside Area. Within the Riverside Area, any nonresidential use shall be separated from abutting residential land uses or residential zone districts by a solid fence or wall at least six (6) feet in height. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 2006, and to be presented for final passage on the 6th day of February, A.D. 2007. r ATTEST: City Clerk Passed and adopted on final reading on the 6th day of wary, A.D. 2007. r ATTEST: %L L�k City Clerk - 6 -