HomeMy WebLinkAbout192 - 12/19/2006 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 192, 2006
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;
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 2.4.2(G)(1) of the Land Use Code is hereby amended
to read as follows:
(G) Step 7(A) (Decision Maker): Applicable as follows:
(1) Administrative review (Type 1 review) applies to a project
development plan that satisfies all of the following conditions:
(a) it was submitted after the effective date of this Land Use Code
and is subject to the provisions of this Land Use Code; and
(b) it contains only permitted uses subject to administrative review
as listed in the zone district (set forth in Article 4, District
Standards) in which it is located.
Section2. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(1) Residential and Institutional Parking Requirements. Residential and
institutional uses shall provide a minimum number of parking spaces
as defined by the standards below.
(a) Attached Dwellings: For each two-family and multi-family
dwelling there shall be parking spaces provided as indicated by
the following table:
Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit
One or less 1.5
Two 1.75
Three 2.0
Four and above 2.5
" Spaces that are located in detached residential garages (but not including parking
structures)may be credited toward the minimum requirements contained herein only
if such spaces are made available to dwelling unit occupants at no additional rental
or purchase cost(beyond the dwelling unit rental rate or purchase price).
1. Multi-family dwellings within Transit-Oriented
Development (TOD) shall have no minimum
parking requirements.
Section 3. That Section 3.2.2(K)(2)(a) of the Land Use Code is hereby
amended to read as follows:
(2) Nonresidential Parking Requirements: Nonresidential uses will be
limited to a maximum number of parking spaces as defined by the
standards defined below.
(a) The table below sets forth the number of allowed parking
spaces based on the square footage of the gross leasable
area and of the occupancy of specified uses. In the event
that on-street or shared parking is not available on land
adjacent to the use, then the maximum parking allowed
may be increased by twenty(20) percent.
Section 4. That Section 3.2.2(K)(4) of the Land Use Code is hereby amended
to read as follows:
(4) Exception to the General Office Parking Standard. An exception
to the general office parking standard as established in the table
contained in Section 3.2.2(K)(2)(a) shall be permitted for the
purpose of ensuring that the parking provided is adequate but not
in excess of the users' needs. Requests for exceptions to the
general office parking standard shall be reviewed according to the
procedure and criteria contained in subparagraphs (a) and (b)
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below. Exceptions shall be available to those projects where the
number of anticipated employees can be reasonably estimated, and
such exceptions shall apply only to the ratio between the number
of parking spaces and the number of employees, and not to the
ratio between the number of parking spaces and the gross leasable
area.
Section 5. That Section 3.2.4(D)(3) 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 use of
nonadjustable angle brackets or other mounting hardware. Under-
canopy fueling areas shall feature flush-mount, flat lens light fixtures
as part of any newly constructed canopy or remodeled canopy.
Section 6. That Section 3.5.2(D)(5) of the Land Use Code is hereby amended
to read as follows:
(5) Maximum Size of Detached Accessory Buildings. Any detached
accessory building that is incidental to a single-family or two-
family dwelling shall contain a maximum of eight hundred (800)
square feet of floor area on lots which are less than twenty
thousand (20,000) square feet in size, a maximum of one thousand
two hundred (1,200) square feet of floor area on lots which are
between twenty thousand (20,000) square feet and one (1) acre in
size, and a maximum of two thousand five hundred (2,500) square
feet of floor area on lots which are larger than one (1) acre in size,
except that the size of such building may be increased by the
minimum amount necessary to accommodate a handicap accessible
parking bay when such a bay is required by the city's Building
Code.
Section 7. That Section 3.6.4(C) of the Land Use Code is hereby amended to
read as follows:
(C) Transportation Impact Study. In order to identify those facilities that are
necessary in order to comply with these standards, development plans may
be required to include the submittal of a Transportation Impact Study, to be
approved by the Traffic Engineer, consistent with the Transportation Impact
Study guidelines as established in Chapter 4 of the Larimer County Urban
Area Streets Standards.
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Section 8. That Section 3.6.6 of the Land Use Code is hereby amended to
read as follows:
3.6.6 Emergency Access
(A) Purpose. This Section is intended to ensure that emergency
vehicles can gain access to, and maneuver within, the project so that
emergency personnel can provide fire protection and emergency services
without delays.
(B) General Standard. All developments shall provide adequate
access for emergency vehicles and for those persons rendering fire
protection and emergency services by complying with Article 9, Fire
Department Access and Water Supply, of the Uniform Fire Code as adopted
and amended pursuant to Chapter 9 of the City Code. All emergency access
ways, easements, rights-of-way or other rights required to be granted
pursuant to the Uniform Fire Code must include not only access rights for
fire protection purposes, but also for all other emergency services.
Section 9. That the title of Section 3.8.6 of the Land Use Code is hereby amended to
read as follows:
3.8.6 Group Home Regulations and Shelters for Victims of Domestic
Violence
Section 10. That Section 3.8.6 of the Land Use Code is hereby amended by the
addition of a new subsection(D) which reads in its entirety as follows:
(D) Shelters for victims of domestic violence shall be separated from any other
group home or shelter by a minimum of one thousand five hundred
(1,500) feet.
Section 11. That Section 3.8.7(L)(1) of the Land Use Code is hereby amended
to read as follows:
(L) Election Signs.
(1) Election signs authorized by Section 3.8.7(C)(1)(g) or 3.8.7(D)(2)
shall be allowed on a lot at any time prior to the election day to which
the sign relates and shall be removed within four (4) days after the
election day.
Section 12. That Section 3.8.7(M)(4) of the Land Use Code is hereby amended
to read as follows:
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(M) Electrical Signs.
(4) Electrical signs that contain an electronic changeable copy module
shall be subject to the following limitations:
(a) The module must be programmed so that the displayed
message does not change more frequently than once per
minute and so that the message change occurs without the
use of scrolling, flashing, fading or other similar effects.
(b) The message center must be provided with automatic
dimming software or solar sensors to control brightness for
night time viewing.
(c) The message must be monochrome in an amber, green,
blue or white color.
(d) The area of the electronic message display shall not exceed
fifty(50)percent of the total area of the sign face.
(e) Electrical signs that contain an electronic changeable copy
module which do not comply with the provisions of this
section shall be removed or made to conform by December
29, 2013.
Section 13. That Section 3.8.7(N) of the Land Use Code is hereby amended to
read as follows:
(N) Banners and Pennants. Banners and pennants are allowed in any zone
district, provided a permit is obtained from the Director. Any permittee
shall be entitled to use banners or pennants for not more than twenty (20)
days per calendar year 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
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shall be ineligible to receive a permit for a banner or pennant for the
remainder of the calendar year.
Section 14. That Section 4.1(B)(1)(b) of the Land Use Code is hereby
amended by the addition of a new subsection 4. which reads in its entirety as follows:
4. Shelters for victims of domestic violence.
Section 15. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended
by the addition of a new subsection 3. which reads in its entirety as follows:
3. Shelters for victims of domestic violence.
Section 16. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended
by the addition of a new subsection 3. which reads in its entirety as follows:
3. Shelters for victims of domestic violence.
Section 17. That Section 4.3(E)(2)(b) of the Land Use Code is hereby amended
to read as follows:
(b) Minimum lot sizes may be waived by the Planning and Zoning
Board, provided that the overall density of the cluster development
is not greater than one(1) unit per gross acre.
Section 18. That Section 4.4(B)(1)(a) of the Land Use Code is hereby amended
by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 19. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended
by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 20. That Section 4.6(B)(1)(e) of the Land Use Code is hereby amended
by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 21. That Section 4.7(B)(1)(a) of the Land Use Code is hereby amended
by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 22. That Section 4.7(D)(1) of the Land Use Code is hereby amended to
read as follows:
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(1) Density. Minimum lot area shall be equivalent to at least two and
one-half(2'/z) times the total floor area of the building(s), but not
less than six thousand (6,000) square feet. For the purposes of
calculating density, "total floor area" shall mean the total gross
floor area of all principal buildings as measured along the outside
walls of such buildings and including each finished or unfinished
floor level plus the total gross floor area of the ground floor of any
accessory building larger than one hundred twenty (120) square
feet, 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 located
within any such accessory building located on the lot. (Open
balconies and basements shall not be counted as floor area for
purposes of calculating density).
Section 23. That Section 4.8(B)(1)(a) of the Land Use Code is hereby amended
by the addition of a new subsection 3. which reads in its entirety as follows:
3. Shelters for victims of domestic violence.
Section 24. That Section 4.9(B)(1)(a) of the Land Use Code is hereby amended
by the addition of a new subsection 6. which reads in its entirety as follows:
6. Shelters for victims of domestic violence.
Section 25. That Sections 4.16(D) and (E) of the Land Use Code is hereby
amended to read as follows:
(D) Building Standards.
(1) Setbackfrom Streets. A landscaped setback shall be required on all
block faces west of Mason Street, excluding the block faces along the west
side of Mason Street, except that no such setback shall be required at
building entrances, or in front of display windows along the street
sidewalk. Setbacks shall be compatible with established setbacks of
existing buildings on the same block face and necessary utility easements.
Landscaping shall be designed as an integral part of the development plan.
At a minimum, the width of such landscaping shall be adequate to allow
for health and viability of proposed plant materials.
(2) Building Height.
(a) Buildings in the Old City Center shall not exceed four (4) stories
or fifty-six (56) feet in height.
(b) The maximum height of buildings in the Canyon Avenue and Civic
Center shall be as shown on the Building Heights Map (Figure
18.5).
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Figure 18.5
(c) Measurement of Height Limits for the Canyon Avenue and Civic
Center Subdistricts. The maximum height limits are intended to
convey a scale of building rather than an exact point or line. In the
8
case of sloped roofs, building height shall be measured to the mean
height between the eave and ridge. The maximum height limits are
not intended to hinder architectural roof features such as sloped
roofs with dormers, penthouses, chimneys, towers, shaped cornices
or parapets, or other design features that exceed the numerical
limits but do not substantially increase bulk and mass. Lofts or
penthouses projecting above the limits shall not exceed one-third
(1/3) of the floor area of the floor below, and shall be set back
from any roof edge along a street, by a distance equal to or greater
than the height of the loft or penthouse structure. See Figure 18.6.
Figure 18.6
(3) Planning and Zoning Board Review of Large Buildings. Development
plans with new buildings (or building additions) greater than twenty-five
thousand (25,000) square feet in floor area per story, or which exceed
either six 6 stories or eighty-five 85 feet in height, shall be subject to
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Planning and Zoning Board review.
(4) Building Mass Reduction for Taller Buildings (over three[3] stories).
(a) Old City Center: The fourth story of a building shall be set back at
a thirty-five-degree angle measured at the intersection of the floor
plane of the fourth story and the property line along the public
street frontage. See Figure 19.
9
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(b) Canyon Avenue and Civic Center:
1. Base. Taller buildings (over three [31 stories) shall have a
base portion consisting of one (1) or two (2) stories, clearly
defined by a prominent, projecting cornice or roof,
fenestration, different materials, and different colors from
the remainder of the building. If the base portion is two (2)
stories, the ground floor shall be further differentiated by
fenestration and other detailing.
2. Upper Floor Setbacks. Upper portions of taller buildings
shall be further set back above the base in such a manner as
to contribute to a significant aspect of the building design.
Upper floor setbacks shall be determined by an emphasis
on pedestrian scale in sidewalks and outdoor spaces,
compatibility with the scale and massing of nearby
buildings, preservation of key sunshine patterns in adjacent
spaces, and preservation of views in order to insure
sensitivity to the historic context and scale of downtown,
and to maintain a degree of open sky as part of the visual
character of the city.
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Massing, ground floor setbacks, and upper-floor setbacks shall be compatible with the historical and
pedestrian character of Downtown,shading,views,and privacy.
3. Additional upper floor setback and mass reduction for
buildings over six (6) stories or eighty-five (85) feet in
height in the Canyon Avenue and Civic Center subdistricts.
The Planning and Zoning Board may approve additional
height above six (6) stories or eighty-five (85) feet in those
areas shown on the Building Heights Map, provided that
the additional height is incorporated into the programming
and design of the building in such manner as to mitigate
mass and add significant architectural interest to a building.
Architectural design details, projections, recesses, and
rooflines shall be used to mitigate the additional height.
(5) Building Character and Facades.
(a) Blank walls. No blank wall that faces a public street, public plaza
or walkway shall exceed fifty(50) feet in length.
(b) Outdoor activity. Buildings shall promote and accommodate
outdoor activity with balconies, arcades, terraces, decks and
courtyards for residents' and workers' use and interaction, to the
extent reasonably feasible.
(c) Windows.
1. Glass curtain walls and spandrel-glass strip windows shall
not be used as the predominate style of fenestration for
buildings in this District. This requirement shall not serve
to restrict the use of atrium, lobby or greenhouse-type
accent features used as embellishments to the principal
building.
2. If ground floor retail, service and restaurant uses have large
pane display windows, such windows shall be framed by
the surrounding wall and shall not exceed seventy-five (75)
percent of the total ground level facade area.
(d) Nonresidential buildings. All nonresidential buildings permitted in
this District (including, without limitation, mixed-use and
industrial use buildings) shall meet the standards established in
Section 3.5.3 for mixed-use and commercial buildings.
(6) Parking Structures. To the extent reasonably feasible, all parking
structures shall meet the following design criteria:
(a) Where parking structures abut streets, retail and other uses shall be
required along the ground level frontage to minimize interruptions
in pedestrian interest and activity. The decision maker may grant
an exception to this standard for all or part of the ground level
frontage on streets with low pedestrian interest or activity.
(b) Parking and awnings, signage and other architectural elements
shall be incorporated to encourage pedestrian activity at the street-
facing level.
(c) Architectural elements, such as openings, sill details, emphasis on
vertical proportions such as posts, recessed horizontal panels and
other architectural features shall be used to establish human scale
at the street-facing level.
(d) The architectural design of structures shall be compatible in
architectural design with adjacent buildings in terms of style, mass,
material, height, roof pitch and other exterior elements.
(e) Auto entrances shall be located to minimize pedestrian/auto
conflicts.
(E) Site Design Standards.
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(a) Parking lots. Parking lots shall not dominate the frontage of
pedestrian-oriented streets, interrupt pedestrian routes or
negatively affect surrounding neighborhoods. Parking lots shall
be located behind buildings in the interior of blocks, in side
yards, underground or in a parking structure, to the maximum
extent feasible.
(b) Outdoor cafes. Restaurants shall be permitted to operate
outdoor cafes on sidewalks, including areas within the public
right-of-way and in courtyards, provided that pedestrian
circulation and access to store entrances shall not be impaired.
Outdoor cafes shall also be permitted to operate on rooftops,
balconies or other similar locations. The following standards
shall apply to all outdoor cafes:
1. To allow for pedestrian circulation, a minimum of seven(7)
feet of sidewalk along the curb and leading to the entrance
to the establishment shall be maintained free of tables and
other encumbrances.
2. Planters, posts with ropes or other removable enclosures
are permitted as a way of defining the area occupied by the
cafe.
3. Extended awnings, canopies or large umbrellas shall be
permitted. Colors shall complement building colors.
4. Outdoor cafes shall be required to provide additional trash
receptacles in the outdoor eating area.
5. Tables, chairs, planters, trash receptacles and other
elements of street furniture shall be compatible with the
architectural character of the building where the
establishment is located in terns of style, color, materials
and similar elements.
6. The operators of outdoor cafes shall be responsible for
maintaining a clean, litter-free and well-kept appearance
within and immediately adjacent to the area of their
activities.
Outdoor sp
aces. To the extent reasonably 7. p Y feasible, outdoor
spaces shall be placed next to activity that generates the
users (such as street corners, offices, day care, shops and
dwellings). Outdoor spaces shall be linked to and made
visible from streets and sidewalks to the extent reasonably
feasible.
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(F) Special Provisions— Civic Center Subdistrict. The Civic Center
Subdistrict will serve as an important element of the Downtown
District and as the primary location for new civic uses and buildings.
The following criteria shall apply to all development in the Civic
Center Subdistrict:
(1) Civic spine. All development shall incorporate the concept of
the "Civic Spine" as described in the Downtown Civic Center
Master Plan, allowing for continuous north-south and east-west
pedestrian connections. The civic spine will serve to connect
various buildings in order to unify parks and plazas.
(2) Building materials. The use of local sandstone is required in all
civic buildings to establish a visual continuity and a local sense
of place.
(3) Civic buildings. New major civic buildings, such as a library,
government offices, courthouses, performing arts facilities and
transit centers, shall be located within the Civic Center
Subdistrict and placed in central locations as highly visible focal
points. To the extent reasonably feasible, they shall be close to
a transit stop.
(4) Incorporation of new buildings. New buildings shall be
designed in a manner that establishes continuity and a visual
connection between new and existing buildings within and
adjacent to the Civic Center Subdistrict. The height, mass and
materials of major public buildings shall convey a sense of
permanence and importance.
Section 26. That the table contained in Section 4.16(B)(2)(A) of the Land Use
Code is hereby amended by the addition of a new residential use which reads as follows:
Land Use Old City Center Canyon Avenue Civic Center
A. RESIDENTIAL
Shelter for victims of domestic violence BP BP BP
Section 27. That Section 4.17(B)(1)(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 28. That Section 4.18(B)(1)(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
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Section 29. That Section 4.19(B)(1)(a) of the Land Use Code is hereby
amended by the addition of a new subsection 3. which reads in its entirety as follows:
3. Shelters for victims of domestic violence.
Section 30. That Section 4.20(B)(1)(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 31. That Section 4.21(B)(1)(e) of the Land Use Code is hereby
t
amended by the addition of a new subsection 2. which reads to its entirety as follows:
2. Shelters for victims of domestic violence.
Section 32. That Section 4.24(B)(1)(a) of the Land Use Code is hereby
amended by the addition of a new subsection 8. which reads in its entirety as follows:
8. Shelters for victims of domestic violence.
Section 33. That Section 4.24(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. Satellite dish antennas greater than thirty-nine (39)
inches in diameter.
Section34. That Section 4.26(B)(1)(a) of the Land Use Code is hereby
amended by the addition of a new subsection 3. which reads in its entirety as follows:
3. Shelters for victims of domestic violence.
Section35. That Section 4.27(B)(1)(e) of the Land Use Code is hereby
amended by the addition of a new subsection 2. which reads in its entirety as follows:
2. Shelters for victims of domestic violence.
Section 36. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Shelter for victims of domestic violence" which reads in its
entirety as follows:
Shelter for victims of domestic violence shall mean a residential facility
operating twenty-four (24) hours per day and seven (7) days per week, the
purpose of which facility is to receive, house, counsel and otherwise serve victims
of domestic violence, as that term is defined in C.R.S. Section 18-6-800.3, and
their dependents. Such facility may also include day care, professional,
administrative and security staff.
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Section 37. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Transit-oriented development (TOD)" which reads in its
entirety as follows:
Transit-oriented development (TOD) shall mean that area shown on the
Figure below:
16
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Introduced, considered favorably on first reading, and ordered published this 5th
day of December, A.D. 2006, and to be presented for final passage on the 19th day of
December, A.D. 2006.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day o ember, A.D. 2006.
Mayo
ATTEST:
City Clerk
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