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HomeMy WebLinkAbout039 - 09/16/1975 - AMENDING SECTION 118-83 OF THE CITY CODE RELATING TO UNIT DEVELOPMENTS ORDINANCE NO 3 q 1975 BEING AN ORDINANCE AMENDING SECTION 118-83 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO UNIT DEVELOPMENTS UNDER THE ZONING ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That Section 118-83 of the Code of the' City of Fort Collins be and the same hereby is amended to read as follows §118-33 Unit Developments A Definition and Purpose of Unit Developments 1 Definition A Unit Development is a project located on at least two (2) acres of land including usable open space for the mutual benefit of the entire tract designed to provide variety and diversity through the variance of normal zoning and subdivision standards so that maximum long-range benefits can be gained and the unique features of the development or site preserved and enhanced while still being in harmony with the surrounding neighborhood 2 Purpose The purpose of these provisions regarding unit development is to encourage flexibility innovation and variety in the development of land in order to promote its most appropriate use to improve the design character and quality of new development to facilitate the adequate and economic provision of streets utilities and government services to achieve beneficial land use relationships with the surrounding area to preserve the unique natural and scenic features of the landscape and to preserve open space as development occurs This section shall be interpreted in order to achieve these purposes B Special Requirements The following special requirements shall apply to any unit development "1 The tract or parcel of land involved shall be either in one (1) ownership or the subject of an application filed ,jointly by the owners of all the property to be included 12 Residential unit developments in the R-P Planned Residential District may have a maximum density not to exceed twelve (12) units per acre provided that the lot area shall be at least three times the total floor area of residential development The maximum overall density of residential unit developments in all other residential zones shall be based upon the minimum area of lot requirements set forth for the applicable zoning district The Planning and Zoning Board and the City Council shall have the right to establish general design standards which shall apply to any unit develop- ment plan based upon such factors as height proposed housing type unique features of the site and the surrounding neighborhood The maximum density in any district shall not be allowed as a matter of course and the actual density for any unit development shall be as determined in the unit development plan finally approved in accordance with the purposes and requirements of this section 13 The final approved unit development plan shall specify the manner of holding title to areas and facilities of joint use Normally such areas and facilities shall be retained in title by the developers of the unit development or deeded to an organization composed of all owners in the development C Procedure A unit development plan shall be processed in three stages (1) conceptual review (2) preliminary plan and (3) final plan Each stage shall be processed through the authorities in the order indicated in the following table City Staff P&Z Board Council Conceptual Review X Preliminary Plan X X X Final Plan X X Utility Plans X Final Plan X "l Conceptual Review This stage of processing is designed to allow exchange of information between -2- proposed developer and City staff Each applicant shall confer with the Director of Engineering Services the Planning Director and other depart- ment heads involved in connection with the prepara- tion of the planned unit development application It shall be the responsibility of the Planning Director to contact and invite these department heads to a joint meeting The general outlines of the proposal evidenced schematically by sketch plans shall be considered before sub- mission of the planned unit development applica- tion Thereafter the Planning Director shall furnish the applicant with his written comments regarding such conference including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development application 2 Preliminary Plan Upon completion of the con- ceptual review meeting and after the recommenda- tions from the Planning Director have been made application may be filed for a planned unit develop- ment on a preliminary basis Materials pertaining to the preliminary plan must all be submitted to the Planning Department by the administratively designated deadline at least two weeks prior to the meeting of the Planning and Zoning Board at which the preliminary plan will be considered After the Planning Depart- ment has received the preliminary plan application in the form required herein the matter will be placed on the agenda for the appropriate meeting of the Planning and Zoning Board The application for the preliminary plan shall be in accordance with and include the following "a Written Documents (1) A legal description of the site proposed for development which shall separately describe present and proposed ownership and present and proposed zoning districts (2) A statement of the planning objectives to be achieved by the planned unit develop- ment through the particular approach pro- posed by the applicant This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant including the specific -3- advantages the planned unit development offers as opposed to a conventional subdivision " (3) A development schedule indicating the approximate date when construction of the planned unit development or stages of the same can be expected to begin and be completed including the proposed phasing of construction of public improvements and recreational and common space areas ' (4) A statement of the applicant s intentions with regard to future ownership of all or portions of the planned unit development (5) Site data including the following "(a) Total number and type of dwelling units showing number of rooms and bedrooms for each (b) Parcel size "(c) Proposed coverage of buildings and structures for the purpose of calcu- lating storm drainage runoffs and storm drainage retention requirements Such calculations shall also be sub- mitted by the applicant and shall have previously been submitted to the Director of Engineering Services for his consideration "(d) Gross and net residential densities "(e) For commercial planned unit develop- ments estimated total floor area and estimated ratio of floor area to lot size (f) Total area of open space (g) Total area of open space which is suitable for active recreation (h) Total area and description of non- residential construction "(6) Physiographic data to include a description of -4- (a) Soils existing on the site accom- panied by analysis as to the suit- ability of such soils for the intended construction and proposed landscaping "(b) A map showing all permanent and temporary streams and a sketch showing the 100-year flood plain for each (c) A description of the groundwater hydrologic conditions of the site with analysis of water table fluctu- ation and a statement of site suit- ability for the intended construction and proposed landscaping ' b Site Plan and Supporting Maps A site plan and such additional maps as necessary shall also be submitted showing the major details of the proposed planned unit development and containing the following minimum information " (1) The existing site conditions including contours at two (2) foot intervals all water courses flood plains unique natural features and vegetative cover including all trees and shrubs having greater than a 2-1/2 inch diameter by species " (2) Proposed lot lines and plat designs " (3) The tentative location and floor area of all existing and proposed buildings structures and other improvements in- cluding maximum heights types of dwelling units density per type nonresidential structures including commercial facilities ' (4) Preliminary architectural elevations (prospectives) sufficient to relay the basic architectural intent of the proposed improvements " (5) The location and size in acres or square feet of all areas to be conveyed dedicated reserved or otherwise used as common open space public park recreational areas school sites and similar public and semi- public uses -5- (6) The existing and proposed circulation system of arterial collector and local streets including off-street parking areas service areas loading zones and major points of access to public rights- of-way (including major points of ingress and egress to the development) Notations of proposed ownership--public or private-- should be included where appropriate Rights-of-way and paved surfaces for each street shall be shown in accordance with the minimum design standards outlined in this ordinance (7) The existing and proposed pedestrian circulation system including its inter- relationships with the vehicular circula- tion system indicating proposed treatment of points of conflict (8) The existing and proposed utility systems including sanitary sewers storm sewers water electric gas and telephone lines fire hydrants and trash collection area- (9) A general landscaping plan indicating the treatment of materials used for private and common open spaces including " (a) All existing vegetation with identification of all trees by size and species (b) Specific proposals to protect and preserve existing trees during and after construction The details of size and species for intended plantings of vegetation will be required at the final plan phase ' (10) A map of the area which surrounds the site within a distance of at least three hundred (300) feet showing at least the following ' (a) Land uses " (b) Zoning classifications " (c) Densities '(d) Circulation systems -6- (e) Public facilities ' (f) Unique natural features of the landscape " (g) General topographic mapping at ten (10) foot intervals ' (11) The proposed treatment of the perimeter of the planned unit development including materials and techniques used such as screens fencing walls and other land- scaping "(12) Street cross-section schematics shall be submitted for each general category of street to be included within the proposed development (one (1) for local sub-collector collector streets) to include proposed width treatment of curbs and gutters sidewalk systems and bikeway systems Street designs must be consistent with the minimum street standards contained in this section (13) Any additional information as required by the review authority necessary to evaluate the character and impacts both fiscal and environmental of the proposed planned unit development c Project Phasing All information and data required at the preliminary plan phase must include the entire development site Applica- tions for a final planned unit development may be made for any portion of the overall approved preliminary plan Phased projects shall include a proportional amount of the proposed recreational and open space amenities for the entire site such that the project as it is built will comply with the overall density and design standards of this ordinance at all times regardless of phase Requirements may be made for off-site public improvements on a phased project 'd Review and Approval The preliminary plans shall be reviewed by the Planning and Zoning Board which shall make recommendations to the City Council either approving approving conditionally or rejecting the plan The matter shall then be scheduled on the agenda for the City Council which shall take final action on the preliminary plan -7- "e Time Limit for Action Upon a Preliminary Plan Within a maximum of twelve (12) months fol- lowing the approval of a preliminary plan the applicant shall proceed by filing with the Planning Department a final plan in detailed form covering all or a part of the planned unit development Upon applica- tion and for good cause the Planning and Zoning Board may extend the period for filing a final development plan for successive six (6) month periods If no final plan is filed within such time the right to proceed under the preliminary plan shall expire ' 3 Final Development Plan After approval by the City Council of a preliminary plan application may be made for approval of a final plan Applica- tion for a final unit development plan shall be in substantial compliance with the requirements of the approved preliminary plan The final plan shall be deemed in substantial compliance with the preliminary plan provided the final plan does not violate any provision of the zoning ordinance and does not a Involve a reduction of more than five percent (57) of the area reserved for common open space and/or usable open space ' b Increase the floor area proposed for non- residential use by more than five percent (57) c Increase residential densities by more than one percent (17) or "d Increase the total ground area covered by buildings by more than five percent (57) If the final plan is not in substantial compliance with the approved preliminary plan the revisions shall require the same review and public hearing process required for approval of preliminary plans The following information and materials shall be required for approval of a final plan "a Final Site Plan The final site plan shall provide sufficient detail to facilitate recording engineering and ease of building permit administration The final site plan shall where possible locate the exact position of proposed buildings and structures If this is not possible a building envelope -8- or range of possible locations shall be shown If building envelopes are used design specifics shall be coordinated with the Chief Building Inspector and such specifics shall be shown on the final site plan when determined The final site plan and subdivision plat shall be submitted on 24-inch by 36-inch sheets at a scale of 1 inch to 50 feet or less and shall contain the following information " (1) Lot lines ' (2) The location and floor area size of all existing and proposed buildings structures and other improvements including maximum heights types of dwelling units density per type and nonresidential structures including commercial facilities All buildings shall be dimensioned with distances shown from clear reference points ' (3) The location and size in acres or square feet of all areas to be conveyed dedicated reserved or used as common open spaces public parks recreational areas school sites and similar public and semi-public uses (4) The existing and proposed circulation system of arterial collector and local streets including off-street parking areas service areas loading zones and major points of access to public rights- of-way Notations of ownership (public or private) shall be included where appropriate Rights-of-way and paved widths for each street shall be shown in accordance with the minimum design standards of this ordinance ' (5) The existing and proposed pedestrian cir- culation system including its inter- relationships with the vehicular circula- tion system indicating the proposed treat- ment of points of conflict b Final Landscape Plan A landscape plan shall be filed indicating a well-designed treatment of exterior spaces which measurably improve the overall quality of the project The design -9- objective of the plan must be clear and supported by written statement The plan must provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate Landscape treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control Plant material selections will be reviewed for adaptability to physical conditions indicated by site plan locations The land- scape plan shall include the following (1) Extent and location of all plant materials and other landscape features Plant material must be identified by direct labeling on the plan or by a clearly understandable legend (2) Flower and shrub bed definition must be clear and drawn to scale with dimensions " (3) Proposed plant material should be indicated at mature sizes and in appropriate relation to scale (4) Species and size of existing plant material ' (5) Proposed treatment of all ground surfaces must be clearly indicated (paving turf gravel grading etc ) " (6) Location of water outlets If areas of planting are extensive plans for an underground sprinkler system will be required ' (7) Plant material schedule with common and botanical names sizes quantities and method of transplant Bareroot material will be permitted but it is discouraged on all but the smallest sizes (8) Plants must be sized according to the following table TYPE SIZE Standard deciduous trees 1-3/4 ' - 2" caliper -10- TYPE SIZE Small ornamental and 1-1/2 to flowering trees 1-3/4 caliper Evergreen trees 5 - 6 ' height Shrubs Adequate size to be consistent with design intent ' (9) All plant material must meet specifications of the American Association of Nurserymen (AAN) for #1 grade All trees must be balled and burlaped or equivalent "(10) The final landscape plan shall be accom- panied by a bond or cash deposit in an amount equal to the estimated cost of the landscaping improvements proposed plus twenty-five percent (25/) Such bond shall guarantee the installation of all land- scaping shown and the continued maintenance and replacement of the same for a period of two (2) years after installation In the absence of an executed contract to install landscaping landscape cost estimates shall be determined by the average of at lease two appraisals Bonds or cash deposits shall be filed with the Director of Finance and released upon certification by the Planning Director that the required land- scaping program has been completed in accor- dance with the approved plan and has been maintained in a satisfactory condition for two (2) years thereafter "c Subdivision Plat An official subdivision plat of the site must accompany the final unit development plan This plat must conform to the subdivision ordinance of the City except as waived by the approved preliminary plan for the planned unit development The subdivision shall contain proper dedications for public streets utility easements and all other public rights required by the preliminary plan Approval by the City Council of the final plan and subdivision plat shall be required before filing of the subdivision plat or issuance of building permits d Final Utility Plans Final detailed engineering for sewer water electrical street improvements -j 1- and other public improvements must be submitted to and approved by the City Engineer and the developer shall execute an agreement in proper form providing for the installation of such improvements prior to submission of the final plan to the Council e Approval The final plan shall be submitted to the Planning and Zoning Board which shall recommend approval of the same to the City Council unless the final plan fails to conform to the approved preliminary plan and the require- ments of this ordinance After review and recommendation from the Planning and Zoning Board the final plan shall be submitted to the City Council for final action 4 Amendments to Final Unit Development Plan Minor changes in the location sizing height and siting of buildings and structures may be authorized by the Planning Director without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved The Planning Director shall not approve any of the following changes "a A change in the use or character of the development b An increase in the overall coverage of structures I An increase in the problems of traffic circula- tion and public utilities d A reduction by greater than three percent (37) of the approved open space e A reduction by greater than one percent (17) of the off-street parking and loading space "f A reduction in required pavement widths or rights-of-way for streets or easements g An increase of greater than two percent (27) in the approved gross leasable floor areas of commercial buildings in either residential or commercial planned unit developments 'h An increase by greater than one percent (17) in the approved residential density of the proposed development All other changes in use or rearrangement of lots blocks and bsilding tracts or any changes other than listed above may be made only by the City -12- Council after review and recommendation by the Planning and Zoning Board Such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community Policy Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established for the filing of the initial approved plan documents 5 Time Limit for Validity of the Final Plan The applicant must begin and substantially complete the development of an approved planned unit development within two (2) years from the time of final approval Extensions for successive periods of six (6) months may be granted by the Planning and Zoning Board If the planned unit development is to be developed in stages the approved plan shall contain a development schedule and the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule Extensions may be granted by the Planning and Zoring Board on the same b-isas as for non- staged developments Failure () 1�vclop within the time limit set forth herein 5 ali catse a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same 6 Special Conditions for Planned Unit Developments All planned unit developments shall meet the requirements herein set forth and no final plan shall be approved that does not meet these require- ments a The Developer shall submit a legal instrument or instruments setting forth a plan providing for the permanent care and maintenance of open spaces recreational areas and communally- owned facilities and private streets The same shall be submitted to the City Attorney and shall not be accepted until approved by him as to legal form and effect The same shall then be submitted to the Planning and Zoning Board for their approval as to suitability for the proposed use and maintenance of open areas If the common open space is deeded to a homeowners ' association the applicant shall file the proposed documents governing the -13- association Such documents shall meet the following requirements " (1) The homeowners ' association must be established before any residences are sold (2) Membership in the association must be mandatory for each residence owner ' (3) Open space restrictions must be permanent and not for a period of years "(4) The homeowners association must be made responsible for liability insurance taxes and maintenance of recreational and other facilities (5) The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and main- taining common facilities (6) The governing board of any such associa- tion shall consist of at least five (5) members who shall be owners of property in the planned unit development b Open Space Maintenance Guarantee In the event the organization established to own and main- tain common open spaces recreational areas communally-owned facilities and private streets or any successor organization shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved plan the City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition which notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of a hearing to be held within fourteen (14) days of the notice At the time of hearing the City Council may modify the terms of the original notice as to defi- ciencies and may extend the time within which the same may be cured If the deficiencies -14- set forth in the original notice or modifica- tions are not cured within the time set the City Council in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance may enter upon such common facilities and maintain the same for a period of one (1) year Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use Before expiration of such year the City Council shall upon its own initiative or upon the written request of the organization theretofore responsible for maintenance call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the planned unit development At such hearing the organiza- tion responsible for maintenance and/or the residents of the development may show cause why maintenance by the City of Fort Collins should not be continued for a succeeding year If the City Council determines that it is not necessary for the City to continue such main- tenance the City shall cease such maintenance at the time established by the City Council Otherwise the City shall continue naintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter The cost of main- tenance by the City shall be a lien against the common facilities of the planned unit development and the private properties within the development The City Council shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments Any unpaid assessment shall be a lien against the property responsible for the same enforce- able the same as a mortgage against such property The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes "c Guarantees for Open Space Preservation Open space shown on the approved final plan shall not be used for the construction of any struc- tures not shown on the final plan -15- ' d Substantive Design Standards The following design standards shall apply to any planned unit development (1) Open Space "(a) Required open space shall comprise at least thirty percent (307) of the total_gross area of'anv_residential planned unit development j (b) Within such thirty percent (307) one-half (1/2) of the same may be developed for planting walkways and landscape elements The remain- ing one-half (1/2) shall be developed for active recreational use and shall be developed in parcels of not less than six thousand (6 000) contiguous square feet and not less than fifty (50) lineal feet in the smallest dimension ' (c) Areas devoted to natural or improved flood control channels and areas encumbered by flowage floodway or drainage easements may be used to partially satisfy the total open space requirements " (d) Recreational facilities or structures and their accessory uses located in approved areas shall be considered open space as long as the total impervious surfaces (paving roofs etc ) constitute no more thane ten per cent (lo,) of the total open space (e) Public dedications may not contribute to the open space requirement (2) Streets The following table presents the minimum street design standards for planned unit developments Place Local Collector Very Light Light Traffic Local and Thru 0-10 dwelling 11-100 dwelling Thru Traffic units units -16- Place Local Collector PAVEMENT WIDTH (in feet) No Parking 20* --- Parking one side 28 28*x --- Parking two sides --- 36 44' RIGHT OF WAY WIDTH 50' 60 80' SIDEWALKS At least One or Both Both sides one side sides SIGHT DISTANCE 75 ' 150' 350 MAXIMUM SPEED 15 mph 25 mph 30 mph UTILITY EASEMENTS - 6' utility easements will be required on each side of all streets r Not to exceed 100' in total length ** Feasibility of parking on one side shall be established by the number of off street parking spaces provided On streets with two spaces per dwelling provided the 28 foot street will be recommended (3) Private Streets " (a) Private streets not dedicated for public use shall be designed and developed in accordance with the foregoing minimum street design standards This requirement shall not apply to accessways serving four (4) or fewer residences or less than one hundred (100) feet in total length (b) Access for emergency vehicles and other public vehicles shall be dedicated over all private streets (4) Parking Standards (a) Parking spaces shall be provided for residential developments as follows -17- Number of Bedrooms Parking Spaces Per Dwelling Unit Per Dwelling Unit One 1 5 Two 1 75 Three and above 2 All such parking spaces shall be off-street parking spaces and each space shall be accessible and usable " (b) Parking spaces shall be provided for nonresidential developments appro- priate to the type of use as deemed adequate by the Planning and Zoning Board (c) Parking areas shall be arranged so as to prevent through traffic to other parking areas (d) Parking areas shall be screened from adjacent structures roads and traffic arteries with hedges dense plantings earth berms changes in grade or walls or otherwise "(e) No more than fifteen (15) parking spaces shall be permitted in a con- tinuous row without being interrupted by landscaping (f) No more than sixty (60) parking spaces shall be accommodated in any single parking area within a residential area " (g) All parking areas and any off-street loading area shall be paved and the design thereof approved by the Planning and Zoning Board All areas shall be marked so as to provide for orderly and safe loading parking and storage (h) All parking areas shall be adequately lighted Such lighting shall be so arranged so as to direct the light away from adjoining residences "(i) All parking areas and off-street loading areas shall be graded and -15- drained so as to dispose of all surface water without erosion flooding and other inconveniences (5) Planned Unit Development Perimeters Where planned unit developments adjoin public streets or lands with a different zoning classification a thirty (30) foot landscaped area shall be installed and maintained at the perimeter of the development The detailed landscape plan for this buffer shall be a part of the landscape plan filed in conjunc- tion with the final unit development plan (6) Signs All proposed signs shall be sub- mitted as scaled drawings and must con- form to the provisions of this ordinance regarding signs The Planning Director shall have the power to approve signs conforming to this ordinance but where extensive signing is proposed he may submit the proposed signs for approval by the Planning and Zoning Board D Commercial 0 E in Res entlnl Districts Totw, t stnn_rnc any other provision of this ordinance the commercial uses allowed in the B-L limited Rusiness District - -iall be pei matted in the R-H 'iah Dersity Residential District and the commercial uses alloyed in the R-H nigh Density esi- dential District and the B-L limited District shall be permitted in the R-L low Density Pesidential District R-L-P low Density Dlanned Residential District R-^ %edium Density +esidential District R-U lannec residential District and R-M-p Medium Density Planned Re-idential District provided that such uses shall be allowed on if approved on the final development plan Such nonresidential use shall not exceed a ratio of forty (40) square feet of floor area devoted to such use per dwelling unit within the development and all of such uses shall be primarily for the service and convenience of the residents of the development Section 2 If any section subsection sentence or part of this ordinance or the application thereof to any person or cir- cumstance is declared unconstitutional or otherwise invalid by any court of competent jurisdiction such invalidity shall not affect the other sections subsections sentences and parts of this ordinance or any other application thereof and the City Council hereby declares that it would have adopted each separate part of this ordinance as a separate ordinance -19- w Introduced considered favorably upon first reading and ordered published this 2nd day of Septenber, A D , 1975 and to be presented for final passage on the 16th day of September A D 1975 zf 4,42,- ATTEST Mayor City ClIerk Passed and adopted on final reading this 16th day of SEPtenber A D 1975 LZ�e—z �v ATTEST Mayor City er -20-