Loading...
HomeMy WebLinkAbout036 - 03/22/2011 - MAKING AMENDMENTS TO THE CITY'S LAND USE CODE IMPLEMENTING POLICIES OF THE 2010 UPDATE OF CITY PLAN ORDINANCE NO. 036, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE IMPLEMENTING POLICIES OF THE 2010 UPDATE OF CITY PLAN 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 has embarked upon an effort known as "Plan Fort Collins" to update the City's comprehensive plan which effort has resulted in the suggestion that certain amendments need to be made to the Land Use Code in order to implement Plan Fort Collins; and WHEREAS, in connection with the Plan Fort Collins project and the implementation thereof, 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 all references to the "Commercial District (C) zone district in the Land Use Code are hereby changed to "General Commercial District (C-G) zone district. Section 2. That Section 3.6.1(A) of the Land Use Code is hereby amended to read as follows: 3.6.1 Master Street Plan (A) Establishment of Master Street Plan. In order to accomplish the purposes of this Land Use Code, the location and ultimate functional classification of necessary arterial and collector streets and other transportation facilities have been established on a map entitled "City of Fort Collins Master Street Plan," dated February 15, 2011, as amended, which map is hereby made a part of this Land Use Code by reference. The Master Street Plan is on file with the City Clerk and the City Engineer. I Section 3. That Section 3.9.1(A) of the Land Use Code is hereby amended to read as follows: 3.9.1 Applicability and Purpose (A) Applicability. The provisions contained in Sections 3.9.2 through 3.9.11 shall apply to applications for development within the boundary of the I-25 Subarea Plan, and, to the extent that such provisions regulate Activity Centers, they shall also apply to the I-25/State Highway 392 Corridor Activity Center; and the provisions contained in Section 3.9.12 shall apply only to the I-25/State Highway 392 Corridor Activity Center. Section 4. That Article 3 of-the Land Use Code is hereby amended by the addition of a new Division 3.9.12 which reads in its entirety as follows: 3.9.12 Corridor Activity Center Design Standards (A) On any first floor building elevation that is visible from a public right-of- way, masonry materials limited to natural stone, synthetic stone, brick, and concrete masonry units that are textured or split face, solely or in combination, shall be applied to cover from grade to the top of the entry feature of such elevation, or if there is no entry feature on any particular elevation, to a height that would be equivalent to the top of the first floor. For first floor building elevations not visible from a public right-of-way and on all upper stories, other exterior finish materials including but not limited to synthetic stucco (E.LF.S.), architectural metals, clay units, terra cotta, prefabricated brick panels or wood can be applied in whole, or in combination with the masonry materials described above. For the purposes of this provision, architectural metals shall mean metal panel systems that are either coated or anodized; metal sheets with expressed seams; metal framing systems; or cut, stamped or cast ornamental metal panels, but not ribbed or corrugated metal panel systems. Standard concrete masonry units or tilt-up concrete with applied texturing are prohibited on any building elevation. (B) A roof pitch shall be required for buildings containing less than twenty five thousand (25,000) square feet and having three (3) stories or less. In cases where mechanical equipment must be mounted on the roof, a sloping mansard roof shall be allowed. (C) The maximum building height shall be ninety (90) feet. 2 (D) All freestanding signs shall be ground signs and shall be limited to a maximum height of fourteen (14) feet along and perpendicular to I-25 and twelve (12) feet along and perpendicular to all other streets. Such ground signs shall be subject to all other requirements in Section 3.8.7. Section 5. That Section 4.5(13)(2)(c)3 of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail; convenience retail stores; personal and .business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/recreation facilities; schools; child care centers; and places of worship or assembly. Section 6. That Section 4.5(D)(1)(2) and (3) of the Land Use Code are hereby amended to read as follows: (D) Land Use Standards. (1) Density. (a) Residential developments in the Low Density Mixed-Use Neighborhood District shall have an overall minimum average density of four (4) dwelling,units per net acre of residential land, except that residential developments (whether overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of three (3) dwelling units per net acre of residential land. (b) The maximum density of any development plan taken as a whole shall be nine (9) dwelling units per gross acre of residential land, except that affordable housing projects (whether approved pursuant to overall development plans or project development plans) containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve (12) dwellings units per gross acre of residential land. (c) The maximum density of any phase in a multiple-phase development plan shall be twelve (12) dwelling units per gross acre of residential land, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family structures shall be twelve (12) dwelling units per gross acre of residential land. (2) Mix of Housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on 3 the size of the parcel. In order to promote such variety, the following minimum standards shall be met: (a) A minimum of three (3) housing types shall be required on any project development plan containing twenty (20) acres or more, including such plans that are part of a phased overall development; and a minimum of four (4) housing types shall be required on any such project . development plan containing thirty (30) acres or more. (b) To the maximum extent feasible, housing types, block dimensions, garage placement, lot sizes and lot dimensions shall be significantly and substantially varied to avoid repetitive rows of housing and monotonous streetscapes. For example, providing distinct single- family detached dwellings or two-family on larger lots and on corners and providing small lot single-family dwellings on smaller lots abutting common open spaces fronting on streets are methods that accomplish this requirement. (c) The following list of housing types shall be used to satisfy this requirement: 1. Single-family detached dwellings with rear loaded garages. 2. Single-family detached dwellings with front or side loaded garages. 3. Small lot single-family detached dwellings (lots containing less than four thousand [4,000] square feet or with lot frontages of forty (40) feet or less) if there is a difference of at least two thousand (2,000) square feet between the average lot size for small lot single-family detached dwellings and the average lot size for single-family detached dwellings with front or side loaded garages. 4. Two-family dwellings. 5. Single-family attached dwellings. 6. Mixed-use dwelling units. 7. Multi-family dwellings (limited to twelve [12] dwelling units per building); 8. Mobile home parks. (d) A single housing type shall not constitute more than eighty (80) percent or less than five (5) percent of the total number of dwelling units. 4 (3) Neighborhood Centers. (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores, offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three quarter (3/4) miles from any other such use and from any gasoline station; and artisan or photography studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall not exceed five (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship and assembly and/or outdoor space as defined in subparagraph (e) of this Section. Section 7. That Section 4.6(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings. Section 8. That Section 4.21(B) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: 5 (a) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan. (b) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (2) The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: General Land Use 1-25/SH 392 Commercial (CAC) District C-G A. Residential Extra Occupancy rental houses with five (5) or fewer Not permitted BDR tenants Shelters for victims of domestic violence Not permitted BDR Mixed-use residential Type l Type l Multi-familymixed use Type l Type l Group homes Type 2 T e l Single-family attached dwellings Not permitted Type 1 Two-family dwellings Not permitted Type 1 Extra Occupancy rental houses with more than five (5) Not permitted Type 1 tenants B. Institutional/Civic/Public Neighborhood Parks (as defined by Parks Policy Plan) Not permitted BDR Parks, Recreation and other Open Lands Not permitted Type 1 Hospitals Type 2 Type 2 Schools-PrivateNocational Colleges Type 2 Type 2 Minor public facilities Not permitted Type 1 Places of worship or assembly Not permitted Type 1 Transit facilities without repair or storage Not permitted -Type=1 6 Community Facilities Not permitted Type 2 Major Public Facilities Not permitted Type 2 C. Commercial/Retail Lodging Type l Type l Retail Establishment(under 25,000 s . ft) Tye I Type 1 Large Retail Establishment(25,000 s . ft. +) Type I Type 2 Offices and Financial Services Type I Tye 1 Personal/Business Service Shops Type 2 Type I Medical Centers/Clinics Type 2 Type I Long Term Care Facilities Type 2 Type 2 Health Club Type 2 Type I Small Scale Recreational Events Center Type 2 Tye I Unlimited Indoor Recreation Type 2 Type 2 Entertainment Facilities/Theaters Type 2 Type 2 Standard Restaurant Type 2 Type l Drive Thru Restaurants Type 2 Type 2 Fast Food Restaurants Type 2 Type 1 Grocery/Supermarket Type 2 Type 2 Convenience Store with Fuel Sales Type 2 Type I Medical Marijuana Dispensary Not permitted BDR Bed and Breakfast Establishments Not permitted Tye 1 Convenience Retail Stores without Fuel Sales Not permitted Type 1 Personal and Business Service Shops Not permitted Type 1 Artisan and Photography Studios and Galleries Not permitted Type 1 Vehicle Minor Repair, Servicing and Maintenance Not permitted Type 1 Establishments Limited Indoor Recreation Not permitted Type 1 Retail Stores with Vehicle Servicing Not permitted Type 1 Frozen Food Lockers Not permitted Type I Funeral Homes Not permitted Type I Gasoline Sales Not permitted Type 1 Open-Air Farmers Market Not permitted Type 1 Plant Nurseries and Greenhouses Not permitted Type 1 Plumbing, Electrical and Carpenter Shops Not permitted Type 1 Clubs and Lodges Not permitted Type 1 Veterinary Facilities and Small Animal Clinics Not permitted Type 1 Dog Day-Care Facilities Not permitted Type 1 Print Shops Not permitted Type 1 Food Catering or Small Food Product Preparation Not permitted Type 1 Indoor Kennels Not permitted T e 1 Drive—In Restaurants Not permitted Type 2 Recreational Uses Notpermitted_ Type 2 Vehicle Major Repair, Servicing and Maintenance Not permitted Type 2 Establishments Vehicle and Boat Sales and Leasing Establishments with Not permitted Type 2 Outdoor Storage Enclosed Mini-Storage Not permitted Type 2 Retail and Supply Yard Establishments with Outdoor Storage Not permitted Type 2 7 Parking Lots and Parking Garages Not permitted Type 2 Child Care Centers Not permitted Type 2 1-25 Activity Centers Not permitted Type 2 Day Shelters < 10,000 square feet and located within 1,320' of Not permitted Type 2 a Transfort Route. D. Industrial Uses Workshop and Small Custom Industry Not permitted Type 1 Composting Facilities Not permitted Type 2 E. Accessory—Misc. Wireless Telecommunication Equipment(not Type 2 Type 1 freestanding monopoles) Wireless Telecommunication Facilities Not permitted Type 1 Satellite Dish Antennas Greater than 39" in diameter Not permitted Type 1 Accessory buildings BDR BDR Accessory uses BDR BDR Section 9. That Section 4.21 of the Land Use Code is hereby amended by the addition of a new subsection (H) which reads in its entirety as follows: (H) Development standards for the 1-25IState Highway 392 Corridor Activity Center. Development located within the I-25/State Highway 392 Corridor Activity Center (see Figure ) shall be subject to the requirements contained in 3.9.12. 8 125 - State HWY 392 Interchange or Hdor ctiviry Center acre La ud Riv {yyyyyy r.� r } r 4 Fossil Creek Reservi3rr -n C qY. BC3 1 .Dc 0 3 ,633 LL ,151n Fiat 9 Section 10. That Section 5.1.2 of the Land Use Code is hereby amended by the deletion of the definition "Infill Area". Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2011, and to be presented for final passage on the 22nd day o rch, A.D. 2011. Mayo ATTEST: /im, " 4� City Clerk Passed and adopted on final reading on the 22nd day of March, A.D. 2011. r Mayo ATTEST: _lu� City Clerk 10