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HomeMy WebLinkAbout081 - 07/17/2007 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 081, 2007 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. 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 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; g g 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 1.4.9(C)(2) of the Land Use Code is hereby amended to read as follows: (2) "Or" or "and/of" indicates that the connected words or provisions may apply singly or in any combinations. Section 2. That Section 2.1.5 of the Land Use Code is hereby amended to read as follows: 2.1.5 Dedications and Vacations A. By the Planning and Zoning Board As part of its review and approval of a specific planning item, the Board may accept the dedication of streets, easement and other rights-of-way shown on plats and deeds for such item. The Board may also vacate easements and rights-of- way, other than streets and alleys, if they pertain to a planning item subject to review by the Board. Such acceptance and/or vacation may be accomplished either by resolution or by notation on the plat for the item. 1 B. By the Director The Director may also accept the dedication of streets, easements and other rights-of-way shown on the plats and deeds associated with a specific planning item. Such authority of the Director shall extend to planning items that are subject to review and approval by the Board as well as those that are subject to administrative review and approval and shall apply to both on-site and off-site streets, easements and rights-of-way. The Director may also vacate easements and rights-of-way, other than streets and alleys, whether they pertain to a planning item subject to review by the Board or administrative review. Such acceptance and/or vacation may be accomplished either by resolution or by notation on the plat for the item. Section 3. That Section 2.2.11(D)(3) of the Land Use Code is 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 three (3) 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. Section 4. That Section 2.9.4(F)(2)of the Land Use Code is hereby amended to read as follows: 2 (2) Zonings or Rezonings of No More Than Six Hundred Forty (640)Acres (Quasi-judicial). Section 2.2.6(A) shall apply and such notices shall identify the proposed new zone district(s), as well as the uses permitted therein, shall indicate whether a neighborhood meeting will be held with regard to the proposed zoning or 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), (C)and(D) shall apply, and the published notice given pursuant to Section 2.2.6(C) shall provide the time,date and place of the hearing, the subject matter of the hearing and the nature of the proposed zoning change. Section 5. That Section 3.2.2(K)(1)(a)l of the Land Use Code is hereby amended to read as follows: 1. Multi-family dwellings and mixed-use dwellings within the Transit Oriented Development (TOD) Overlay Zone shall have no minimum parking requirements. Section 6. That Section 3.8.7(N) of the Land Use Code is hereby amended to read as follows: (N) Banners and Pennants. (1) Banners and pennants are allowed in any zone district, provided a permit is obtained from the Director. Permittees shall be entitled to use banners or pennants for not more than twenty (20) days per calendar year except as provided in subsection (2) below and except that an additional twenty (20) days per calendar year shall be allowed for non-profit organizations, and for new businesses during the first year of operation. The Director shall issue a permit for the use of banners and pennants only in locations where such banners and pennants will not cause unreasonable annoyance or inconvenience to adjoining property owners or other persons in the area and on such conditions as deemed necessary to protect adjoining premises and the public. The maximum size allowed for any one banner is forty (40) square feet. No more than one (1) banner may be displayed at any one time on each street that fronts the parcel of land on which the establishment requesting the permit is located; provided, however, that multiple banners may be displayed on a single street if the aggregate square footage of such banners does not exceed forty (40) square feet. All banners and pennants shall be removed on or before the expiration date of the permit. If any person, business or organization erects any banners or pennants without receiving a permit, as herein provided, the person, business or organization shall be ineligible to receive a 3 permit for a banner or pennant for the remainder of the calendar year. (2) Notwithstanding the time limitations contained in subsection (1) above, non-commercial banners or pennants may be displayed for such additional periods of time as may be established by the City Manager during community events that, in the judgment of the City Manager, advance a goal or policy of the City Council and contribute to the health, safety or welfare of the city. Section 7. That Section 4.1(B)(1) of the Land Use Code is hereby amended to read as follows: (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 2, 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 4 such existing use shall constitute a permitted use only on such parcel of property. (e) Residential Uses: 1. Shelters for victims of domestic violence. Section 8. That Section 4.2(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the U-E 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) Accessory/Miscellaneous Uses: 1. Accessory buildings containing two thousand five hundred (2,500) square feet or less of floor area. 2. Accessory uses. (b) 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. (c) 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. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. 5 (e) Residential Uses: 1. Shelters for victims of domestic violence. Section 9. That Section 4.3(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the R-F 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) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. (b) 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. (c) 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. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (e) Residential Uses: 1. Shelters for victims of domestic violence. 6 Section 10. That Section 4.5(B)(2)(a)6. of the Land Use Code is hereby amended to read as follows: 6. Mixed-use dwellings. Section 11. That Section 4.5(B)(3)(c)4. of the Land Use Code is hereby amended to read as follows: 4. Offices, financial services, clinics, and artisan and photography studios and galleries which are not part of a neighborhood center. Section 12. That Section 4.5(D) of the Land Use Code is hereby amended by the deletion of subsection(4) and all subsequent subsections renumbered accordingly: Section 13. That Section 4.6(B)(2)(a)5. of the Land Use Code is hereby amended to read as follows: 5. Mixed-use dwellings. Section 14. That Section 4.7(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7%z) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. Section 15. That Section 4.8(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred(600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half(7%2) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. Section 16. That Section 4.9(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7'/2) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. Section 17. That Section 4.10(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 2. which reads in its entirety as follows: 2. Shelters for victims of domestic violence. Section. 18. That the land use called "Mixed-use dwelling units" contained in the table in Section 4.16(B)(2)A. of the Land Use Code is hereby amended to read as follows: Mixed-use dwellings. Section 19. That Section 4.16(D)(5) of the Land Use Code is hereby amended by the addition of a new subparagraph(e) which reads in its entirety as follows: (e) Canyon Avenue and Civic Center: Exterior facade materials. All street-facing facades shall be constructed of high quality exterior materials for the full height of the building. Such materials, with the exception of glazing, shall include stone, brick, clay units, terra cotta, architectural pre-cast concrete, cast stone, pre-fabricated brick panels, architectural metals, or any combination thereof. Except for windows, material modules shall not exceed either five (5) feet horizontally or three (3) feet vertically without the clear expression of a joint. For the purposes of this provision, "architectural metals" shall mean metal panel 8 systems that are either coated or anodized; metal sheets with expressed seams; metal framing systems; or cut, stamped or cast ornamental metal panels. "Architectural metals" shall not include ribbed or corrugated metal panel systems. Section 20. That Section 4.16(E)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (c)which reads in its entirety as follows: (c) Canyon Avenue and Civic Center: Plazas. For buildings located within the Canyon Avenue and Civic Center sub-districts that are four (4) stories or taller, ground floor open space shall be provided that is organized and arranged to promote both active and passive activities for the general public. Such space must be highly visible and easily accessible to the public and must include features that express and promote a comfortable human sense of proportionality between the individual and the environment, whether natural or manmade. Section 21. That Section 4.17(13)(2)(a)6. of the Land Use Code is hereby amended to read as follows: 6. Mixed-use dwellings. Section 22. That Section 4.18(13)(2)(a)6. of the Land Use Code is hereby amended to read as follows: 6. Mixed-use dwellings. Section 23. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the C-C-N 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) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. (b) 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 ( 9 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. (c) 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. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. 2. Shelters for victims of domestic violence. Section 24. That Section 4.19(B)(2)(a)7. of the Land Use Code is hereby amended to read as follows: 7. Mixed-use dwellings. Section 25. That Section 4.20(B)(2)(a)5. of the Land Use Code is hereby amended to read as follows: 5. Mixed-use dwellings. Section 26. That Section 4.21(B)(2)(a)6. of the Land Use Code is hereby amended to read as follows: 6. Mixed-use dwellings. Section 27. That Section 4.22(B)(2)(a)7. of the Land Use Code is hereby amended to read as follows: 7. Mixed-use dwellings. io Section 28. That Section 4.23(B)(2)(a)4. of the Land Use Code is hereby amended to read as follows: 4. Mixed-use dwellings. Section 29. That Section 4.24(13)(2)(a)l. of the Land Use Code is hereby amended to read as follows: 1. Mixed-use dwellings. Section 30. That Section 4.26(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the H-C 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) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. (b) 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. (c) 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. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. 11 (e) Residential Uses: 1. Shelters for victims of domestic violence. Section 31. That Section 4.26(B)(2)(a)l. of the Land Use Code is hereby amended to read as follows: 1. Mixed-use dwellings. Section 32. That Section 4.27(B)(2)(a)l. of the Land Use Code is hereby amended to read as follows: 1. Mixed-use dwellings. Section 33. That Section 4.28(B)(2)(a)l. of the Land Use Code is hereby amended to read as follows: 1. Mixed-use dwellings constructed above nonresidential uses,provided that the aggregate floor area of all mixed-use dwellings does not exceed the aggregate floor area of all nonresidential uses in the building. Section 34. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Artisan and photograph studios and galleries" which reads in its entirety as follows: Artisan and photography studio and gallery shall mean the workshop or studio of an artist, craftsperson, sculptor or photographer, which workshop is primarily used for on-site production of unique custom goods through the use of hand tools or small-scale equipment, and only incidentally used, on an infrequent basis if at all, as an accessory gallery or for incidental sales. Section 35. That the definition "Grade' contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Grade shall mean the elevation of the edge of the paved surface of the street at the closest point to the sign for the purpose of measuring the height of signs. Section 36. That the definition "Restaurant, drive in" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Restaurant, drive-in (also known as Restaurant, drive-thru) shall mean any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or 12 beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. Section 37. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Restaurant, drive-thru" which reads in its entirety as follows: Restaurant, drive-thru: See Restaurant, drive-in. Section 38. That the definition of "Transit-oriented development (TOD)" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Transit-oriented development (TOD) Overlay Zone shall mean that area shown on the figure below: Introduced, considered favorably on first reading, and ordered published this 19th day of June, A.D. 2007, and to be presented for final passage on the 17th day of July, A.D. 2007. J Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of y A.D. 2007. A Mayor ATTEST: City Clerk 13