HomeMy WebLinkAbout066 - 07/07/2009 - MAKING VARIOUS AMENDMENTS TO THE CITY LAND USE CODE ORDINANCE NO. 066, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY LAND USE CODE
WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the
City Council enacted 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 the City 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, City staff 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 City Council has determined that the recommended Land Use
Code amendments 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 1.3.4 of the Land Use Code is hereby amended to
read as follows:
1.3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with an application for approval of an
overall development plan, a project development plan, a final plan, or any
amendment of the foregoing, and upon the petition of the applicant or on
the Director's own initiative, the Director (or the Planning and Zoning
Board as specifically authorized in subparagraphs (5) and (6) below) may
add to the uses specified in a particular zone district any other similar use
which conforms to all of the following conditions:
(1) Such use is appropriate in the zone district to which it is added,
(2) Such use conlonns to the basic characteristics of the zone district and
the other permitted uses in the zone district to which it is added;
(3) Such use does not create any more offensive noise, vibration, dust,
heat, smoke, odor, glare or other objectionable influences or any more
traffic hazards, traffic generation or attraction, adverse environmental
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impacts, adverse impacts on public or quasi-public facilities, utilities
or services, adverse effect on public health, safety, morals or
aesthetics, or other adverse impacts of development, than the amount
normally resulting from the other permitted uses listed in the zone
district to which it is added;
(4) Such use is compatible with the other listed permitted uses in the zone
district to which it is added; ,
(5) Such use is not specifically listed by name as a prohibited use in the
zone district to which it is added, or if such use is prohibited, the
proposed use is specific to the proposed site, is not considered for a
text amendment under paragraph (B) below, and is specifically found
by the Planning and Zoning Board to not be detrimental to the public
good and to be in compliance with the requirements and criteria
contained in Section 3.5.1;
(6) Such use is not specifically listed as a "Permitted Use" in Article 4and
the proposed use is specific to the proposed site, is not considered for
a text amendment under paragraph (B) below, and is specifically
found by the Planning and Zoning Board to not be detrimental to the
public good and to be in compliance with the requirements and
criteria contained in Section 3.5.1. (See Section 2.9 for the
procedures for text amendments.)
(B) Codification of New Use. When any use has been added by the Director to
the list of permitted uses in any zone district in accordance with this
Section, such use shall be promptly considered for an amendment to the text
of this Land Use Code under Division 2.9. If the text amendment is
approved, such use shall be deemed to be permanently listed in the
appropriate permitted use list of the appropriate zone district and shall be
added to the published text of this Land Use Code at the first convenient
opportunity, by ordinance of City Council pursuant to Division 2.9. If the
text amendment is not approved, such use shall not be deemed permanently
listed in the zone district, except that such use shall continue to be deemed a
permitted use in such zone district for only the development proposal for
which it was originally approved under (A) above.
(C) Conditions. When any use has been added to the list of permitted uses in
any zone district in accordance with this Section, the Director (or the
Planning and Zoning Board, if applicable) may impose such conditions and
requirements on such use as are necessary or desirable to accomplish the
purposes and intent of this Land Use Code, to ensure consistency with City
Plan and its adopted components and associated sub-area plans, to prevent
or minimize adverse effects and impacts upon the public and
neighborhoods, and to ensure compatibility of uses.
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Section 2. That Section 2.2.1 I(D)(4) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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-year
extensions shall be approved, if at all, only by the Planning and Zoning
Board, upon a finding that the plan complies 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 (a) the applicant has been diligent in constructing
the engineering improvements required pursuant to paragraph (3)
above, though such improvements have not been fully constructed, or
(b) due to other extraordinary and exceptional situations unique to the
property, completing all engineering improvements would result in
unusual and exceptional practical difficulties or undue hardship upon
the applicant, and granting the extension would not be detrimental to
the public good. A request for an extension of the tern 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 3. That Section 2.12.4 of the Land Use Code is hereby amended to
read as follows:
2.12.4 Annexation of Uses Not Legally Permitted
Except as provided below, any use that exists on a separately owned parcel
outside the city and that is not legally permitted by the county must cease and be
discontinued before the City Council adopts, on second reading, an annexation
ordinance annexing any such property except as provided herein. In the event that
a property containing a use that is not legal pursuant to county regulations is
proposed to be annexed into the city and placed into a zone district wherein such
use is a permitted use, said use must be reviewed and processed as set forth in
Article 4 (i.e., Type I review or Type 2 review) for the zone district in which the
land is proposed to be located, and shall comply with the applicable standards
contained in Articles 3 and 4. A development application for such review must be
filed with the city within sixty (60) days following the date of second reading of
the annexation ordinance. Such use shall be temporarily permitted for a period
not to exceed six (6) months following the date of second reading of the
annexation ordinance. In the event that the development application is not
approved within said six-month period, then the use shall be discontinued within
thirty (30) days following the date of the decision of denial or expiration of said
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six-month period, whichever first occurs, except that the Director may grant one
(1) extension of the foregoing six-month requirement, which extension may not
exceed three (3) months in length. In the event that the development application
is approved, then such use shall be brought into full compliance with this Land
Use Code and the decision made thereunder by the decision maker within sixty
(60) days following the date of final plan approval.
In the event that a use which is not permitted by the county exists on any property
that is included in an enclave annexation consisting of more than one (1)
separately owned parcel, the above-described development process shall apply
only if such property is placed in a zone district wherein such use is a permitted
use. If a property which contains a use that is not permitted by the county is
included in such multi-parcel enclave annexation, and such property is placed in a
zone district that does not allow the use within the city, such illegal use must be
discontinued within (A) two (2) years from the date of the second reading of the
annexation ordinance; (B) if such illegal use is the subject of a county-initiated
zoning or nuisance enforcement action, then within the time established by the
court as a result of such enforcement action; or (C) if such illegal use is the
subject of a zoning or nuisance complaint filed with the county and determined by
the Director to be bona fide (but which has not become the subject of an
enforcement action under (B) above or, if it has become the subject of an
enforcement action, such action has been dismissed by the court for lack of
county jurisdiction because the property has been annexed into the city), then
ninety (90) days from the date of second reading of the annexation ordinance,
whichever comes first. With respect to the time limit established in (C) above, the
Director may extend said time for an additional duration not to exceed one
hundred eighty (180) days if necessary to prevent or mitigate undue hardship or
manifest injustice.
Section 4. That Section 2.13.10 of the Land Use Code is hereby amended to
read as follows:
2.13.10 Criteria for Vested Rights
(A) This section is intended to strictly adhere to and implement existing case
law and statutory law controlling in the State of Colorado as they relate to
the doctrine of vested rights and equitable estoppel as applied to a home
rule municipality exercising its authority and powers in land use planning,
zoning, the provisions of adequate public facilities concurrent with
development (APF), subdivision, site development, land development
regulations, and related matters addressed in this Land Use Code. It is the
express intent of the city to require application of the provisions of this
Division 2.13 to as much development and property in the city as is legally
possible without violating the legally vested rights of an owner developer
under case law or statutory law. The criteria herein provided shall be
considered in rendering a Vested Rights Determination hereunder. It is
intended that each case be decided on a case-by-case factual analysis. An
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applicant shall be entitled to a positive Vested Rights Determination only
if such applicant demonstrates, by clear and convincing evidence,
entitlement to complete his or her development without regard to the
otherwise applicable provisions of this Land Use Code by reason of: (A)
the provisions of Title 24, Article 68, C.R.S.; (B) Section 2.2.1 1 (Lapse) of
this Land Use Code; or (C) the existence of all three (3) of the following
requirements:
(1) some authorized act of the city;
(2) reasonable good faith reliance upon such act by the applicant; and
(3) such a substantial change in position or expenditure by the
applicant that it would be highly inequitable or unjust to destroy
the rights acquired.
(B) In evaluating whether an applicant (property owner, developer or the
successor in interest of either) has met the requirements as set forth in (C)
above, the Hearing Officer shall consider and give weight to the following
factual matters:
(1) the total investment made in the project, including all costs
incurred subsequent to the act of the city relied upon by the
applicant, which costs may include, without limitation, the costs of
land acquisition, architectural and engineering fees and the costs of
on-site and off-site infrastructure improvements to service the
project,
(2) any dedication of property made to public entities in accordance
with the approved overall development plan for the project or the
approved project development plan or plat for the project;
(3) whether infrastructure improvements which have been installed
have been sized to accommodate uses approved in the approved
overall development plan or the approved project development
plan or plat for the project;
(4) the acreage of the approved overall development plan or the
approved project development plan or plat for the project and the
number of phases within the overall development plan or the
approved project development plan or plat and their respective
acreages which have received final approval;
(5) whether the completion of the project has been timely and
diligently pursued; and
(6) the effect of the applicant's existing development loans on the
application of this Land Use Code to the project.
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Section 5. That Section 3.2.I(B) of the Land Use Code is hereby amended to
read as follows:
(B) Purpose. The intent of this Section is to require preparation of landscape
and tree protection plans that ensure significant canopy shading to reduce
glare and heat build-up, contribute to visual quality and continuity within
and between developments, provide screening and mitigation of potential
conflicts between activity areas and site elements, enhance outdoor spaces,
reduce erosion and stonnwater runoff, encourage water conservation and
mitigate air pollution.
Section 6. That Section 3.2.1(C) of the Land Use Code is hereby amended to
read as follows:
(C) General Standard. All developments shall submit a landscape and tree
protection plan, and, if receiving water service from the City, an irrigation
plan, that: (1) reinforces and extends any existing patterns of outdoor
spaces and vegetation where practicable, (2) supports functional purposes
such as spatial definition, visual screening, creation of privacy, management
of microclinhate or drainage, (3) enhances the appearance of the
development and neighborhood, (4) protects significant trees, natural
systems and habitat, (5) enhances the pedestrian environment, (6) identifies
all landscape areas, (7) identifies all landscaping elements within each
landscape area, and (8) meets or exceeds the standards of this Section.
Section 7. That Section 3.2.1(E)(3) of the Land Use Code is hereby amended
to read as follows:
(3) Water Conservation. To the extent reasonably feasible, all landscape
plans shall be designed to incorporate water conservation materials
and techniques in order to comply with each of the Xeriscape
landscaping principles listed below. Xeriscape landscaping principles
do not include or allow artificial turf or plants, mulched (including
gravel) beds or areas without landscape plant material, paving of areas
not required for walkways, plazas or parking lots, bare ground, weed
covered or infested surfaces or any landscaping that does not comply
with the standards of this section.
(a) Xeriscape landscaping principles are as follows:
I. Design. Identify zones of different water requirements
and groups plants together that have similar water
needs;
2. Appropriate Use of Turf. Limit high-irrigation turf and
plantings to appropriate high-use areas with high
visibility and functional needs:
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3. Low Water-using Plants. Choose low-water demanding
plants and turf where practicable;
4. Irrigation. Design, operate and maintain an efficient
irrigation system;
5. Soil Preparation. Incorporate soil amendments before
planting;
6. Mulch. Add mulch to planting beds to a minimum
depth of three (3) inches;
7. Maintenance. Provide regular and attentive
maintenance.
(b) Landscape plans submitted shall include:
I. Accurate and clear identification of all applicable
hydrozones using the following categories:
High Hydrozone: eighteen (18) gallons/s.f./season
Moderate Hydrozone: ten (10) gallons/s.f./season
Low Hydrozone: three (3) gallons/s.f./season
Very Low Flydrozone: zero (0) gallons/s.f/season
2. A water budget chart that shows the total annual water
use, which shall not exceed fifteen (15) gallons/square
foot over the site, including all hydrozones used on the
landscape plan.
Section 8. That Section 3.2.1(I)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Plant Materials. Plant materials shall be selected from a list of native
plants and other plants determined to be appropriate for and well
adapted to local environmental conditions, as such list is established
and updated from time to time by the Director and entitled the City of
Fort Collins Plant List. Additional plants may be added to the Plant
List upon a determination by the Director that such plants are
appropriate for inclusion consistent with the above standard.
Section 9. That Section 3.2.1(J) of the Land Use Code is hereby amended to
read as follows:
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(J) Irrigation.
(1) Provision shall be made for permanent, automatic irrigation of all
plant material, with the following exceptions:
(a) very low water use plantings that do not require any
supplemental irrigation beyond establishment.
(b) trees and other plants used to landscape a residential local street
parkway abutting lots for single-family detached dwellings.
(2) For any development provided water by the City, an irrigation plan
shall be submitted to and approved by the Utilities General
Manager prior to the issuance of the building permit, or if no
building permit is required, then prior to cominencement of
construction. As determined by the Director, minor redevelopment
or change of use projects may not be required to submit an
irrigation plan; in such cases, a written statement shall be
submitted describing the type of irrigation system proposed. The
irrigation plan shall incorporate the City of Fort Collins Irrigation
System Standards for Water -Conservation set forth below. In
addition, the irrigation system must be inspected for compliance
with the approved irrigation plan before the issuance of a
Certificate of Occupancy.
(3) The City of Fort Collins Irrigation System Standards for Water
Conservation are as follows:
(a) Irrigation Methods and Layout
I. The irrigation system shall be designed according to
the hydrozones shown on the landscape plan.
2. Each zone shall irrigate a landscape with similar
site, soil conditions and plant material having
similar water needs. To the extent reasonably
feasible, areas with significantly different solar
exposures shall be zoned separately.
3. Turf and non-turf areas shall be irrigated on
separate zones.
4. On steep grades, an irrigation method with a lower
precipitation rate shall be used in order to minimize
runoff and, to the extent reasonably feasible, these
areas shall be zoned separately.
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5. Drip, micro-sprays, sprayheads and rotors shall not
be combined on the same zone.
6. The irrigation method shall be selected to correlate
with the plant density. Drip irrigation or bubblers
shall be used for sparsely-planted trees and shrubs,
and rotors, sprayheads and multi-jet rotary nozzles
shall be used for turfgrass.
(b) Equipment Selection
1. In order to reduce leakage of water from the
irrigation system, a master shut-off valve shall be
installed downstream of the backflow device to shut
off water to the system when not operating.
2. For irrigation systems that are on a combined-use
tap, with a water meter installed upstream to
measure total water use, the installation of an
irrigation-only submeter should be considered. The
purpose of the submeter would be to enable the
owner and landscape maintenance contractor to
monitor water use for irrigation. The submeter
would not be used for billing purposes. The cost of
installation and maintenance of a submeter, if used,
would be borne by the owner of the property, and
not by the City. All such submeters would have to
be installed in accordance with the specifications
established by the City.
3. Irrigation controller(s) shall be "smart" controllers,
using climate-based or soil moisture-based
technology, selected from the Irrigation
Association's current Smart Water Application
Technologies (SWAT) tested products list or other
similarly tested product list. Controllers shall be
installed and programmed according to
manufacturer's specifications.
a. A data input chart for the Smart Controller,
including the precipitation rate from the
audit, shall be posted at each irrigation
controller.
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b. Within six (6) weeks of the installation of
new landscaping, the irrigation system
Smart Controllers shall be reset to the
normal seasonal watering schedule.
4. A rain sensor shall be installed on each irrigation
controller and installed according to the
manufacturers specifications.
5. Sprinklers and nozzles shall meet the following
requirements:
a. The type of sprinkler and associated nozzles
shall be selected to correlate with the size
and geometry of the zone being irrigated.
b. Sprinklers shall be spaced no closer than
seventy-five (75) percent of the maximum
radius of throw for the given sprinkler and
nozzle. Maximum spacing shall be head-to-
head coverage.
C. Coverage arcs and radius of throw for turf
areas shall be selected and adjusted to water
only turf areas and minimize overspray onto
vegetated areas, hard surfaces, buildings,
fences, or other non-landscaped surfaces.
d. Sprinklers, bubblers or emitters on a zone
shall be of the same manufacturer.
C. Sprayheads in turf areas shall have a
minimum three and one-half Q 1/2) inch
pop-up riser height.
f. Sprayheads on a zone shall have matched
precipitation nozzles.
g. Nozzles for rotors shall be selected to
achieve an approximate uniform
precipitation rate throughout the zone.
h. All sprayheads and rotors shall be equipped
with check valves. Sprayheads shall also
have pressure regulating stems.
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6. Pressure-compensating emitters shall be used for
drip irrigation. For sloped areas, a check valve shall
be installed and the drip line shall be parallel to the
slope.
7. Remote control valves shall have flow control.
8. A backflow prevention assembly shall be installed
in accordance with local codes. All backflow
assemblies shall be equipped with adequately sized
winterization ports downstream of the backflow
assembly.
9. Properties with single or combined point of
connection flows of two hundred (200) gpm or
greater shall have a control system capable of
providing real-time flow monitoring and the ability
to shut down the system in the event of a high flow
condition.
(c) Sleeving
I. Separate sleeves shall be installed beneath paved
areas to route each run of irrigation pipe or wiring
bundle. The diameter of sleeving shall be twice that
of the pipe or wiring bundle.
2. The sleeving material beneath sidewalks, drives and
streets shall be PVC Class 200 pipe with solvent
welded joints.
(d) Water Pressure
I. The irrigation system designer shall verify the
existing available water pressure.
2. The irrigation system shall be designed such that the
point-of-connection design pressure, minus the
possible system pressure losses, is greater than or
equal to the design sprinkler operating pressure.
3. All pop-up spray sprinkler bodies equipped with
spray nozzles shall operate at no less than twenty
(20) psi and no more than thirty (30) psi.
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4. All rotary sprinklers and multi-stream rotary
nozzles on pop-up spray bodies shall operate at the
manufacturer's specified optimum performance
pressure.
5. If the operating pressure exceeds the manufacturer's
specified maximum operating pressure for any
sprinkler body, pressure shall be regulated at the
zone valve or sprinkler heads.
6. Booster pumps shall be installed on systems where
supply pressure does not meet the manufacturer's
minimum recommended operating pressure for
efficient water distribution.
(e) Sprinkler Performance Audit
1. A sprinkler performance audit shall be performed
by a landscape irrigation auditor certified by the
Irrigation Association (a non-profit industry
organization dedicated to promoting efficient
irrigation).
2. The audit shall include measurement of distribution
uniformity. Minimum acceptable distribution
uniformities shall be sixty (60) percent for
sprayhead zones and seventy (70) percent for rotor
zones. Sprayhead zones shall include zones with
multi-stream rotary nozzles.
3. The audit shall measure the operating pressure for
one sprinkler on each zone to detennine whether the
zone meets the above pressure requirements.
4. A copy of the sprinkler performance audit shall be
submitted to and approved by the City before
issuance of a certificate of occupancy.
Section 10. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby
amended to read as follows:
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(K) Parking Lots-Required Number of Off-Street Spaces for Type of Use.
(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 Piirktrzg Spaces Pu 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)or in attached residential garages, which attached garages do not provide
direct entry into an individual dwelling unit, 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 and mixed-use dwellings within the
Transit-Oriented Development (TOD) Overlay Zone shall
have no minimum parking requirements.
Section 11. That Section 3.3.2(F)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Costs and Reimbursements.
(a) Off-site streets, street intersections, sidewalks, alleys, paths
or other related improvements to serve the development site or such
improvements along the perimeter of the development site, shall be
funded by the developer unless otherwise agreed by the City
Manager, in his/her discretion. The developer (and others providing
funding, including but not limited to the City) may be entitled to
request reimbursement under paragraph (b).
(b) The entire cost of such construction (including right-of'way
acquisition) shall be the responsibility of such developer. If, within
twelve (12) months of the completion and acceptance by the city of
such improvements, the developer installing such improvements (the
"Funding Developer") has entered into a reimbursement agreement
with the city in the manner prescribed by this Section, then, at the
time that other property adjacent to the improvements (the "Adjacent
Property") is developed . or redeveloped and access to such
improvements is accomplished or other benefit from such
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improvements is conferred, the city may collect from the developer of
the Adjacent Property a proportionate charge, based upon the cost
incurred by the Funding Developer, plus an inflation factor, and based
upon the benefit conferred upon the Adjacent Property. For the
purpose of this provision, benefit to the Adjacent Property may
include, among other things, the construction of improvements that
will allow the Adjacent Property to be developed in accordance with
the requirements of Section 3.6.4, where, in the absence of the
improvements, such development would not be allowed to proceed.
Said charge, if imposed by the city, shall.be paid prior to the issuance
of any building permits for the Adjacent Property; provided, however,
that the city shall not attempt to make such collection unless the
reimbursement agreement has been timely and properly prepared,
executed and delivered to the city. If such charge is collected, the city
shall reimburse the Funding Developer to the extent of such collection
after deducting a service charge of three (3) percent to cover
administrative costs. All costs for the construction (including right-
of-way acquisition) of such improvements must be fully paid by the
Funding Developer before such person shall be entitled to
reimbursement under any agreement established hereunder. The
amount of the reimbursement assessed by the city for each Adjacent
Property as it develops shall be based on: (1) The fair market value
(as determined by the city) of any right-of-way acquired by the
Funding Developer that was needed for, and is directly attributable to,
the improvements; and (2) The original cost of design and
construction of the improvements plus an adjustment for inflation
based on the construction cost index for Denver, Colorado, as
published monthly by "Engineering News Record." (If said index
shows deflation, the adjustment shall be made accordingly, but not
below the original cost as submitted by the Funding Developer and
approved by the City Engineer.) The original cost of the right-of-way
and design and construction shall mean the cost of right-of-way
acquisition, financing, engineering, construction and any other costs
actually incurred which are directly attributable to the improvements,
including any costs incurred for the formation or administration of a
special improvement district. The city's obligation to reimburse the
Funding Developer shall be contingent upon the city's actual
collection of the charge from the developer of the Adjacent Property.
In order to obtain approval of a reimbursement agreement from the
city, the Installing Developer shall provide the City Engineer with
copies of the following, after acceptance of the improvements:
(a) real estate closing documents and/or appraisals or other
documents showing to the satisfaction of the city the fair market
value of the right-of-way for the improvements;
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(b) an invoice from the Funding Developer's engineer for any fee
assessed on the project;
(c) the contractor's application for final payment approved by the
Funding Developer's engineer;
(d) a letter from the Funding Developer and/or contractor certifying
that final payment has been received by the contractor;
(e) a letter from the Funding Developer and/or engineer certifying
that final payment of engineering fees has been made;
(f) a letter from the Funding Developer certifying the portion of the
cost which has been funded by such developer and also any
portions funded by others, and naming such proportionate
contributors, if any.
(g) a map prepared by a licensed engineer or surveyor which
shows:
. the location of the improvements constructed;
2. the name of the owner of each Adjacent Property which is
benefited by the improvements;
3. the proportionate benefit conferred upon each Adjacent
Property, together with the assessment due based on the
original costs;
4. the acreage and parcel number of each Adjacent Property:
5. a reference to the book, page and reception number from
the records of the county Clerk and Recorder where the
information for each property was obtained; and
6. any other information deemed necessary by the City
Engineer.
Any right to reimbursement pursuant to this provision shall not
exceed a period of ten (10) years from the acceptance by the city of
the street improvements. The City Council may approve extensions
of the reimbursement agreement for additional ten-year periods. No
such reimbursement shall be made unless the person entitled to
reimbursement has fully satisfied his or her obligations under any
other reimbursement agreements with the city.
Section 12. That Section 3.5.2(D) of the Land Use Code is hereby amended by
the addition of a new subparagraph (6) which reads in its entirety as follows:
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(6) Setback for Windmills. Windmills shall be set back from the
property lines a minimum of one (1) foot for every foot of height
of the structure measured from the ground to the top of the highest
blade of the windmill.
Section 13. That Section 3.8.l9(C) of the Land Use Code is hereby amended to
read as follows:
(C) Front Setbacks on Corner Lots. In the case of corner lotsonly one (1)
street line shall be considered as a front line, and the street to which the
primary entrance of the principal building faces or to which the building is
addressed shall be considered the front line for purposes of determining the
front setback.
Section 14. That Section 3.9.3, including the replacement of the graphic under
subsection (C), of the Land Use Code of the City of Fort Collins, is hereby amended to
read as follows:
3.9.3 Building Placement Standards
(A) Minimum setback of any building on a lot, tract, or parcel of land adjoining
the 1-25 right-of-way shall be two hundred five (205) feet from the
centerline of 1-25.
(B) Outside of 1-25 activity centers, the placement of a building on a lot, tract or
parcel of land adjoining the I-25 right-of-way where the building is located
between two hundred five (205) feet and two hundred forty-five (245) feet
from the centerline of 1-25 shall be restricted so that no more than fifty (50)
percent of the total frontage of the lot, tract or parcel of land is occupied by
the building.
(C) Outside of 1-25 activity centers, the placement of a building on a lot, tract or
parcel of land adjoining the 1-25 right-of-way where the building is located
more than two hundred forty-five (245) feet from the centerline of 1-25 shall
be restricted so that no more than sixty (60) percent of the total frontage of
the lot, tract or parcel of land is occupied by the building.
16
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r Section 15. That Section 4.1(13)(2)(b)I of the Land Use Code is hereby
amended to read as follows:
1. Minor public facilities.
Section 16. That Section 4.2(B)(2)(b)l of the Land Use Code is hereby
amended to read as follows:
1. Minor public facilities.
Section 17. That Section 4.3(13)(3)(b)3 of the Land Use Code is hereby
amended to read as follows:
3. Minor public facilities.
Section 18. That Section 4.4(B)(2)(b)2 of the Land Use Code is hereby
amended to read as follows:
2. Minor public facilities.
Section 19. That Section 4.5(B)(2)(b)3 of the Land Use Code is hereby
amended to read as follows:
3. Minor public facilities.
Section 20. That Section 4.6(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows:
17
4. Minor public facilities.
Section 21. That Section 4.7(B)(3)(b)4 of the Land Use Code is hereby
amended to read as follows:
4. Minor public facilities.
Section 22. That Section 4.8(B)(l)(b)2 of the Land Use Code is hereby
amended to read as follows:
2. Minor public facilities.
Section 23. That Section 4.8(F)(2)(b) of the Land Use Code is hereby amended
to read as follows:
(b) Eave Height.
1. The exterior cave height of an cave along a side lot line
shall not exceed thirteen (13) feet from grade for a dwelling
unit located at the rear of the lot or an accessory building
with habitable space.
2. The exterior cave height of an cave along a side lot line
shall not exceed ten (10) feet from grade for an accessory
building containing no habitable space.
3. If a second story has an exterior wall that is set back from
the lower story's exterior wall, the cave height shall be the
point of an imaginary line at which the upper story's.
roofline (if extended horizontally) would intersect with the
lower story's exterior wall (if extended vertically).
(See illustration contained in Division 4.7.)
Section 24. That Section 4.9(B)(1)(b)2 of the Land Use Code is hereby
amended to read as follows:
2. Minor public facilities.
Section 25. That Section 4.9(E)(2)(b) of the Land Use Code is hereby amended
to read as follows:
(b) Eave height.
1. The exterior cave height of an cave along a side lot line
shall not exceed thirteen (13) feet from grade for a dwelling
unit located at the rear of the lot or an accessory building
with habitable space.
t8
2. The exterior cave height of an cave along a side lot line
shall not exceed ten (10) feet from grade for an accessory
building containing no habitable space.
3. If a second story has an exterior wall that is set back from
the lower story's exterior wall, the cave height shall be the
point of an imaginary line at which the upper story's
roofline (if extended'horizontally) would intersect with the
lower story's exterior wall (if extended vertically).
(See illustration contained in Division 4.7).
Section 26. That Section 4.10(13)(2)(b)4 of the Land Use Code is hereby
amended to read as follows:
4. Minor public facilities. I
Section 27. That Section 4.13(13)(2)(a)3 of the Land Use. Code is hereby
amended to read as follows:
3. Minor public facilities.
Section 28. That Section 4.14(13)(2)(b)l of the Land Use Code is hereby
amended to read as follows:
I. Minor public facilities.
Section 29. That the table contained in Section 4.16(B)(2)B of the Land Use
Code is hereby amended to read as follows:
B: .
INSTITUTIONAL@
IVICPUBLICi
Places of worship or Type Type Type
assembly 1 1 2
Public and private BDR Type Type
schools(colleges, I I
universities, vocation
training)
Public and private Type Type Type
schools(elementary, Z 2 2
intennediate and high
school education)
Community facilities Type Type Type
I I 1
Long-term care Type Type Type
facilities 2 2 2
Minor public BDR Type Type
facilities I I
19
Parks;recreation and Type Type Type
other open lands, I I I
except neighborhood
parks as defined by
the Parks and
Recreation Policy
Plan
Transit facilities Type Type Type
(without 2 2 2
repair/storage)
Jails,detention and Not Not Type
penal centers Per Perm 2
mitte itted
d
Section 30. That Section 4.17(B)(2)(b)4 of the Lane Use Code is hereby
amended to read as follows:
4. Minor public facilities.
Section 31. That Section 4.18(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows:
4. Minor public facilities.
Section 32. That Section 4.19(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows:
4. Minor public facilities.
Section 33. That Section 4.20(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows:
4. Minor public facilities.
Section 34. That Section 4.21 (B)(2)(b)2 of the Land Use Code is hereby
amended to read as follows:
2. Minor public facilities.
Section 35. That Section 4.21(B)(2)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Institutional/Civic/Public Uses:
I. Public and private schools, including colleges, universities,
vocational and technical training.
2. Community facilities.
20
3. Hospitals.
4. Major.public facilities.
Section 36. That Section 4.22(B)(2)(b)4 of the Land Use Code is hereby
amended to read as follows:
4. Minor public facilities.
Section 37. That Section 422(B)(3) of the Land Use Code is hereby amended
to read as follows:
(3) The following uses are permitted in the C-S District, subject to review
by the Planning and Zoning Board:
(a) Institutional/Civic/Public Uses:
1. Major public facilities.
(b) Commercial/Retail Uses:
1. Drive-in restaurants.
2. Large retail establishments.
3. Day shelters, provided that they do not exceed ten thousand
(10,000) square feet and are located within one thousand
three hundred twenty (1,320) feet (one-quarter [%] mile) of a
Transfort route.
(c) Industrial Uses:
1. Recycling facilities.
2. Transport terminals (truck terminals, public works yards,
container storage).
Section 38. That Section 4.23(B)(2)(b)3 of the Land Use Code is hereby
amended to read as follows:
3. Minor public facilities.
Section 39. That the table contained in Section 4.24(B)(2)B of the Land Use
Code is hereby amended to read as follows:
21
;Land Dse Rwerside ia� AA a
f
P
Area,,
-.Areas
B: INSTITUTIONAL
IC I V IGP UBL IC
Places of worship or assembly BDR Type
I
Transit facilities (without repair and BDR Type
storage) I
Parks, recreation and other open lands, Type I Type
except neighborhood parks as defined by I
the Parks and Recreation Policy Plan
Community facilities Not Type
Permitted I
Public and private schools for college, Type I Type
university vocational or technical training 1
Minor public facilities Type I Type
I
Neighborhood parks as defined by the BDR BDR
Parks and Recreation Policy Plan
Major public facilities Type 2 Type
2
Section 40. That Section 4.26(B)(2)(b)5 of the Land Use Code is hereby
amended to read as follows:
5. Minor public facilities.
Section 41. That Section 4.27(B)(2)(b)2 of the Land Use Code is hereby
amended to read as follows:
2. Minor public facilities.
Section 42. That Section 4.27(B)(2)(d)6 of the Land Use Code is hereby
amended to read as follows:
6. Warehouse.
Section 43. That Section 4.28(B)(2)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Institutional/Civic/Public Uses:
I. Public and private schools, including colleges, universities,
vocational and technical training.
2. Minor public facilities.
22
3. Community facilities.
4. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and Recreation
Policy Plan.
5. Transit facilities with or without outdoor repair and storage.
6. Places of worship or assembly.
7. Major public facilities.
Section 44. That Section 4.28(B)(2)(d)8 of the Land Use Code is hereby
amended to read as follows:
8. Warehouse.
Section 45. That Section 4.28(D)(1) of the Land Use Code is hereby amended
to read as follows:
(D) Land Use Standards.
(1) Dimensional Standards.
(a) Maximum height for all nonresidential buildings, including
those containing mixed-use dwelling units, shall be four (4)
stories.
(b) All new structures greater than fifty thousand (50,000) square
feet in gross leasable area shall be subject to Planning and
Zoning Board review.
(c) Any building addition that exceeds fifty thousand (50,000)
square feet in gross leasable area and exceeds twenty-five (25)
percent of the gross leasable area of the existing building shall be
subject to Planning and Zoning Board review.
Section 46. That the definition of"Development" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Development shall mean the carrying out of any building activity or mining
operation, the making of any material change in the use or appearance of any
structure or land, or, except as is authorized in Section 1.4.7, the dividing of land
into two (2) or more parcels.
(1) Development shall also include:
23
(a) any construction, placement, reconstruction, alteration of the
size, or material change in the external appearance of a structure
on land;
(b) any change in the intensity of use of land, such as an increase in
the number of dwelling units in a structure or on a tract of land
or a material increase in the intensity and impacts of the
development;
(c) any change in use of land or a structure;
(d) any alteration of a shore or bank of a river, stream, lake, pond,
reservoir or wetland;
(e) the commencement of drilling (except to obtain soil samples),
mining, stockpiling of fill materials, filling or excavation on a
parcel of land;
(fl the demolition of a structure;
(g) the clearing of land as an adjunct of construction,
(h) the deposit of refuse, solid or liquid waste, or fill on a parcel of
land.
(i) the installation of landscaping within the public right-of-way,
when installed in connection with the development of adjacent
property.
(j) the construction of a roadway through or adjoining an area that
qualifies for protection by the establishment of limits of
development.
(2) Development shall not include:
(a) work by a highway or road agency or railroad company for the
maintenance or improvement of a road or railroad track, if the
work is carried out on land within the boundaries of the right-
of-way;
(b) work by any public utility for the purpose of inspecting,
repairing, renewing or constructing, on public easements or
rights-of-way, any mains, pipes, cables, utility tunnels, power
lines, towers, poles, tracks or the like; provided, however, that
this exemption shall not include work by a public utility in
constructing or enlarging mass transit or railroad depots or
terminals or any similar traffic-generating activity;
24
(c) the maintenance, renewal, improvement, or alteration of any
structure, if the work affects only the interior or the color of the
structure or the decoration of the exterior of the structure;
(d) the use of any land for the purpose of growing plants, crops,
trees and other agricultural or forestry products; for raising or
feeding livestock (other than in feedlots); or for other
agricultural uses or purposes, provided none of the above
creates a nuisance;
(e) a change in the ownership or form of ownership of any parcel or
structure;
(f) the creation or termination of rights of access, easements,
covenants concerning development of land, or other rights in
land.
(3) When appropriate in context, development shall also mean the act of
developing or to the result of development.
Section 47. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Hydrozone" which shall read in its entirety as follows:
Hydrozone shall mean an area within the landscape defined by a grouping of
plants requiring a similar amount of water to sustain health. For the purposes of
this document, hydrozones are divided into the following four categories:
(1) Very low hydrozones include plantings that need water when first planted,
but none once established. Typical plants in this hydrozone include
yarrow, rabbitbrush and many native plants.
(2) Low hydrozones include plantings that generally do not require more than
three (3) gallons per square foot of supplemental water per year. During
plant establishment or drought, additional supplemental water may be
beneficial. Typical plants in this hydrozone include buffalograss,
penstemon and daylily.
(3) Moderate hydrozones include plantings that generally require ten (10)
gallons per square foot of water supplemental water per year. Typical
plants in this hydrozone include turf-type tall fescue, potentilla and purple
coneflower.
(4) High hydrozones include plantings that generally require eighteen (18)
gallons of water per square foot of supplemental water per year. Typical
plants in this hydrozone include Kentucky bluegrass, cottonwood,
arborvitae and columbine.
25
Section 48. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Minor public facilities" which shall read in its entirety as
follows:
Minor public facilities shall mean structures or facilities, such as electrical
generating and switching stations, sub-stations, underground vaults, poles,
conduits, water and sewer lines, pipes, pumping stations, natural gas pressure
reducing stations, repeaters, antennas, transmitters and receivers, valves, and
stormwater detention ponds, that are not occupied by persons on a daily basis
except for periodic inspection and maintenance and are capable of operation
without daily oversight by personnel, and do not generate daily traffic. Such
facilities also include similar structures for fire protection, emergency service, and
parks and recreation and natural areas. Minor Public Facilities shall not include
outdoor storage and wireless telecommunications equipment or facilities.
Section 49. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Major public facilities" which shall read in its entirety as
follows:
Major Public Facilities shall,mean structures or facilities such as electrical
generation power plants, water treatment plants, wastewater treatment plants,
natural gas generation power plants, railroad depots, and transportation fleet
maintenance facilities, that are generally occupied by persons on a daily basis to
conduct operations and that contain or involve traffic-generating activities. Major
Public Facilities include outdoor storage but shall not include wireless
telecommunications equipment or facilities.
Section 50. That the definition "public facilities" contained in Section 5.1.2 of
the Land Use Code is hereby deleted in its entirety.
Introduced, considered favorably on first reading, and ordered published this 2nd
day of June, A.D. 2009, and to be presented for final passage on the 7th day of July, A.D.
2009.
Y
Mayo
ATTEST:
VL&A.-'h A
City Clerk
26
Passed and adopted on final reading on the 7th day of Ju D. 2009.
ayor
ATTEST:
City Clerk
27