HomeMy WebLinkAbout092 - 07/16/2013 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 092, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by 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 havl e 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 interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1.2.2 of the Land Use Code is hereby amended by the
addition of a new subparagraph (0) which reads in its entirety as follows:
(0) encouraging a wide variety of housing opportunities at various densities that are
well-served by public transportation for people of all ages and abilities.
Section 2. That Section 2.2.7(C) of the Land Use Code is hereby amended to read as
follows:
(C) Order of Proceedings at Public Hearing. The order of the proceedings at the
public hearing shall be as follows:
(1) Director Overview. The Director shall provide an overview of the
development application.
(2) Applicant Presentation. The applicant may present information in support
of its application, subject to the determination of the Chair as to relevance.
Copies of all writings or other exhibits that the applicant wishes the
decision maker to consider must be submitted to the Director no less than
five (5) working days before the public hearing.
(3) Staff Report Presented. The Director shall present a narrative and/or
graphic description of the development application, as well as a staff
report that includes a written recommendation. This recommendation shall
address each standard required to be considered by this Land Use Code
prior to approval of the development application.
(4) Staff Response to Applicant Presentation. The Director, the City Attorney
and any other City staff member may respond to any statement made or
evidence presented by the applicant.
(5) Public Testimony. Members of the public may comment on the
application and present evidence, subject to the determination of the Chair
as to relevance.
(6) Applicant Response. The applicant may respond to any testimony or
evidence presented by the public.
(7) Staff Response to Public Testimony or Applicant Response. The Director,
the City Attorney and any other City staff member may respond to any
statement made or evidence presented by the public testimony or by the
applicant's response to any such public testimony.
Section 3. That Section 2.2.10(A)(1) is hereby amended by the addition of a new
subparagraph (g) which reads in its entirety as follows:
(g) in the case of a change of use of any property that was developed pursuant
to a basic development review or use-by-right review under prior law, the
minor amendment results in the building and parcel of ground upon which
the building is located being brought into compliance, to the extent
reasonably feasible, with the applicable general development standards
contained in Article 3 and the applicable district standards contained in
Article 4 of this Land Use Code.
Section 4. That Section 2.2.11(D)(2) of the Land Use Code is hereby amended to
read as follows:
(2) Publication. A "notice of approval" describing generally the type and
intensity of use approved and the specific parcel or parcels affected, and
stating that a vested property right has been created or extended, shall be
published by the City once, not later than fourteen (14) days after the
approval of any final plan or other site specific development plan in a
newspaper of general circulation within the City. The period of time
permitted by law for the exercise of any applicable right of referendum or
judicial review shall not begin to run until the date of such publication,
whether timely made within said fourteen-day period, or thereafter.
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Section 5. That Section 2.2.11(D)(9) of the Land Use Code is hereby amended to
read as follows:
(9) Post denial re-submittal delay. Property that is the subject of an overall
development plan or a project development plan that has been denied by
the decision maker or denied by City Council upon appeal, or withdrawn
by the applicant, shall be ineligible to serve, in whole or in part, as the
subject of another overall development plan or project development plan
application for a period of six (6) months from the date of the final
decision of denial or the date of withdrawal (as applicable) of the plan
unless the Director determines that the new plan includes substantial
changes in land use, residential density and/or non-residential intensity.
Section 6. That Section 3.2.1(A) of the Land Use Code is hereby amended to read as
follows:
(A) Applicability. This Section shall apply to all development (except for development
on existing lots for single-family detached dwellings) within the designated "limits
of development" ("LOD") and natural area buffer zones established according to
Section 3.4.1 (Natural Habitats and Features).
Section 7. That Section 3.2.2(L)(2) of the Land Use Code is hereby amended to read
as follows:
(2) Compact Vehicle Spaces in Long-term Parking Lots and Parking Structures.
Those areas of a parking lot or parking structure that are approved as long-
term parking have the option to include compact parking stalls. Such
approved long-term parking areas may have up to forty (40) percent compact
car stalls using the compact vehicle dimensions set forth in Table B, except
when no minimum parking is required for a use pursuant to Section 3.2.2(K),
in which event the number of compact car stalls allowed may be greater than
forty (40) percent. No compact spaces shall be designated as handicap
parking spaces.
Section 8. That Section 3.2.2(L)(3) of the Land Use Code is hereby amended to read
as follows:
(3) Long-Term Parking Stalls. As an option in long-term parking areas, all long-
term parking stalls may be designated using the following stall dimensions:
Section 9. That Section 3.2.4(C) of the Land Use Code is hereby amended to read as
follows:
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(C) Lighting Levels. With the exception of lighting for public streets and private
streets, all other project lighting used to illuminate buildings, parking lots,
walkways, plazas or the landscape shall be evaluated during the development
review process. The following chart gives the average minimum and, for under-
canopy fueling areas, maximum lighting levels for outdoor facilities used at night.
Area/Acnvirr* roof-candle
Building surrounds(nonresidential) 1.0
Bikeways along roadside
Commercial areas 0.9
Intermediate areas 0.6
Residential areas 0.2
Walkways along roadside
Commercial areas 0.9
Intermediate areas 0.6
Residential areas 0.5
Park walkways 0.5
Pedestrian stairways 0.3
Loading and unloading platforms 5.0
Parking areas 1.0
Playgrounds 5.0
Under-canopy area(maintained maximum) 20.0
Under-canopy area(initial installation maximum) 26.0
* Illuminating Engineering Society(IES)Lighting Handbook
Section 10. That Section 3.5.2(D) of the Land Use Code is hereby amended to read as
follows:
(D) Residential Building Setbacks, Lot Width and Size.
(1) Setback from Arterial Streets. The minimum setback of'every residential
building and of every detached accessory building that is incidental to the
residential building shall be thirty (30) feet from any arterial street right-of-
way, except for those buildings regulated by Section 3.8.30 of this Land Use
Code, which buildings must comply with the setback regulations set forth in
Section 3.8.30.
(2) Setback from Nonarterial Streets. The minimum setback of every residential
building and of every detached accessory building that is incidental to the
residential building shall be fifteen (15) feet from any public street right-of-
way other than an arterial street right-of-way, except for those buildings
regulated by Section 3.8.30 of this Land Use Code, which buildings must
comply with the setback regulations set forth in Section 3.8.30. Setbacks
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from garage doors to the nearest portion of any public sidewalk that intersects
with the driveway shall be at least twenty (20) feet.
Section 11. That Section 3.7.1(B) of the Land Use Code is hereby amended to read as
follows:
(B) Establishment of Growth Management Area. The city has adopted a cooperative
planning area policy in the City Plan that includes a growth management area as
adopted by Intergovernmental Agreement with Larimer County.
Section 12. That Section 3.7.2(A)(3) and (4) of the Land Use Code is hereby amended
to read as follows:
(3) Exemption for Properties Located Within Certain Planned Subareas.
Development located within the following planned subareas need not comply
with the requirements of this subsection (A):
(a) Fossil Creek Reservoir Area.
(b) Harmony Corridor.
Section 13. That Section 3.7.2(B) of the Land Use Code is hereby amended to read as
follows:
(B) Developments Outside Growth Management Area. No development application
shall be accepted or approved as part of an annexation petition if the proposed
development is located outside the Growth Management Area.
Section 14. That Section 3.8.30(A) of the Land Use Code is hereby amended to read
as follows:
(A) Purpose/Applicability. The following standards apply to all multi-family devel-
opments projects that contain at least four (4) dwelling units. These standards are
intended to promote variety in building form and product, visual interest, access to
parks, pedestrian-oriented streets and compatibility with surrounding
neighborhoods. Multi-family developments in the Transit-Oriented Development
(TOD) Overlay Zone are exempt from subsections (C) and (E) of this Section.
Section 15. That Section 3.8.30(B)(3) of the Land Use Code is hereby amended to
read as follows:
(3) The following list of housing types shall be used to satisfy this requirement:
(a) Small lot single-family detached dwellings on lots containing less than
six thousand (6,000) square feet.
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(b) Two-family dwellings.
(c) Single-family attached dwellings.
(d) Mixed-use dwelling units.
(e) Group homes.
(f) Multi-family dwellings containing three (3) to four (4) units per
building.
(g) Multi-family dwellings containing five (5) to seven (7) units per
building.
(h) Multi-family dwellings containing more than seven (7) units per
building.
Section 16. That Section 3.8.30(E)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Minimum setback from the right-of-way along an arterial street
shall be fifteen (15) feet and along a non-arterial street shall be nine (9)
feet.
(a) Exceptions to the setback standards are permitted if one of
the following is met:
1. Each unit side that faces the street has a porch
and/or balcony that has a minimum depth of six (6)
feet (as measured from the building facade to the far
side posts, railings/spindles) and a minimum length
of eight (8) feet. If more than one side of a unit
faces the street, then only one side is required to
comply.
2. An outdoor space such as a plaza, courtyard, patio
or garden is located between a building and the
sidewalk, provided such space shall have
landscaping, low walls, fencing or railings, a tree
canopy and/or other similar site improvements
along the sidewalk designed for pedestrian interest,
comfort and visual continuity.
3. All ground units that face a street are ADA
compliant units that have street-facing porches that
are directly and individually accessed from the
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public sidewalk by a connecting walkway that is at
least six (6) feet in width.
4. All ground units that face a street with a transit stop
that fronts the building are affordable housing units,
each having a street-facing stoop that directly
accesses the public sidewalk by a connecting
walkway.
Section 17. That Section 3.10.4(E) of the Land Use Code is hereby amended by the
deletion of subparagraph (e) as follows:
Section 18. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Residential Uses:
1. Shelters for victims of domestic violence for up to fifteen (15)
residents.
Section 19. That Section 4.5(B)(2)(a)7 of the Land Use Code is hereby amended to
read as follows:
7. Extra occupancy rental houses with four or more tenants.
Section 20. That Section 4.5(B)(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 follow-
ing uses: mixed-use dwelling units; retail stores; 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; limited indoor recreation
establishments; and places of worship or assembly.
Section 21. That Section 4.5(D)(2)(c) of the Land Use Code is hereby amended to
read as follows:
(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.
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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 containing more three (3) to four (4) units
per building.
8. Multi-family dwellings containing five (5) to seven (7) units per
building.
9. Multi-family dwellings containing more than seven (7) units per
building(limited to twelve [12] dwelling units per building);.
10. Mobile home parks.
Section 22. That Section 4.5(E)(4) of the Land Use Code is hereby amended to read as
follows:
(4) Design Standards for Multi-Family Dwellings Containing More Than Eight
(8) Dwelling Units and for Multi-Family Dwellings Containing between Four
(4) and Eight (8) Dwelling Units When Three (3) or More Stories in Height.
Each multi-family dwelling containing more than eight (8) dwelling units and
each multi-family dwelling containing between four (4) and eight (8)
dwelling units, when located in a building of three (3) stories in height, shall
feature a variety of massing proportions, wall plane proportions, roof
proportions and other characteristics similar in scale to those of single-family
detached dwelling units, so that such larger buildings can be aesthetically
integrated into the low density neighborhood. The following specific
standards shall also apply to such multi-family dwellings:
Section 23. That Section 4.9(D)(5) of the Land Use Code is hereby amended to read as
follows:
(5) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the
rear half of a lot shall not exceed thirty-three (33) percent of the area of the
rear fifty (50) percent of the lot.
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Section 24. That the table contained in Section 4.2](B)(2) of the Land Use Code is
hereby amended to read as follows:
General Commercial District
Land Use 1-15/SH j9?(CAC) (C-G)
A. RESIDENTIAL
B. INSTITUTIONAL/CIVIC/PUBLIC -
C. COMM ERCIAURETAIL
Microbrewery/distillery/winery Not permitted Type 1.
Section 25. That the table contained in Section 4.24(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use Riverside Area .411 Other Arens
A. RESIDENTIAL
E. ACCESSORY-MISC.
Wireless telecommunication equipment Type I Type 1
Wireless telecommunication facilities Type I Type I
Satellite dish antennas greater than thirty-nine(39)inches in diameter BDR BDR
Outdoor vendor BDR BDR
Accessory uses BDR BDR
Accessory buildings BDR BDR
Section 26. That Section 4.26(D)(5)(a) of the Land Use Code is hereby amended to
read as follows:
(a) A minimum of two (2) housing types shall be required on any
residential portion of a development plan greater than ten (10) acres but
less than thirty (30) acres in size, including parcels which are part of a
phased development. A minimum of three (3) housing types shall be
required on any residential portion of a development plan greater than
thirty (30) acres in size, including parcels which are part of a phased
development. The following list of housing types shall be used to
satisfy this requirement:
1. single-family detached dwellings.
2. single-family attached dwellings.
3. two-family dwellings.
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4. multi-family dwellings containing three (3) to four (4) units per
building.
5. multi-family dwellings containing five (5) to seven (7) units per
building.
46. multi-family dwellings containing more than seven (7) units per
building.
7. group homes.
8. mixed-use dwellings.
Section 27. That Section 4.27(D)(2)(m) of the Land Use Code is hereby amended to
read as follows:
(m) Minor public facilities:
Section 28. That Section 4.27(D)(6)(a) of the Land Use Code is hereby amended to
read as follows:
(a) A minimum of two (2) housing types shall be required on any
residential portion of a development plan greater than ten (10) acres but
less than thirty (30) acres in size, including parcels which are part of a
phased development. A minimum of three (3) housing types shall be
required on any residential portion of a development plan greater than
thirty (30) acres in size, including parcels which are part of a phased
development. The following list of housing types shall be used to
satisfy this requirement:
1. single-family detached dwellings located on lots containing no
more than six thousand (6,000) square feet.
2. single-family attached dwellings.
3.' two-family dwellings.
4. multi-family dwellings containing three (3) to four (4) units per
building.
5. multi-family dwellings containing five (5) to seven (7) units per
building.
6. multi-family dwellings containing more than seven (7) units per
building.
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7. group homes.
8. mixed-use dwellings.
9. mobile home parks.
Section 29. That the definition "Development" contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
(2) Development shall not include:
(b) work by the City or any public utility for the purpose of restoring or
stabilizing the ecology of a site, or 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
the City or a public utility in constructing or enlarging mass transit or
railroad depots or terminals or any similar traffic-generating activity;
Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Disabled person"which reads in its entirety as follows:
Disabled person shall mean any person who has a physical or mental impairment that
substantially limits one or more major life activities, has a record of such impairment, or
is regarded as having such impairment. A physical or mental impairment shall mean
hearing, mobility and visual impairment, chronic alcoholism, .chronic mental illness,
AIDS, AIDS Related Complex, and mental retardation that substantially limit one or
more major life activities. Major life activities shall mean walking, talking, hearing,
seeing, breathing, learning, performing manual tasks, and/or caring for oneself.
Section 31. That the definition "Dwelling, mixed-use" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Dwelling, mixed-use shall mean a dwelling that is located in the same building as a
nonresidential use(but not including an accessory use).
Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Existing limited permitted use" which reads in its entirety as
follows:
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Existing limited permitted use shall mean any use that was pennitted for a specific parcel
of property pursuant to the zone district regulations in effect for such parcel on March 27,
1997, which is not specifically listed as a permitted use under the zone district regulations
of the zone district of this Code in which the parcel of property is located, and which
physically existed upon such parcel on March 27, 1997. Such use is permitted in the
various zone districts established in Division 4 under the limitation that such use shall
constitute a permitted use only on such parcels of property.
Section 33. That the definition "Mixed use" contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
Mixed use shall mean the development of a lot, tract or parcel of land, building or
structure with two (2) or more different uses, including, but not limited to, residential,
office, retail, public uses, personal service or entertainment designed, planned and
constructed as a unit.
Section 34. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Vehicle" which reads in its entirety as follows:
Vehicle shall mean a track, bus, van, railroad car, automobile, tractor, trailer, motor
home, recreational vehicle, semi-tractor or any other motorized transportation device,
regardless of whether it is in operating condition.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013.
FORT 00
t.• �'.N
Mlayor
ATTEST:
fa City Clerk
Passed and adopted on final reading on the 16th day of July, A.D. 2013.
OF,1� •''� Wic l r
a�G,�v OF FO M yor
ATTEST:
t,O% :Cn
City Clerk
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