HomeMy WebLinkAbout120 - 09/20/2011 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 120, 2011
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 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 1.6.5(B) of the Land Use Code is hereby amended to
read as follows:
(B) Where a proposed building addition exceeds five thousand (5,000) square
feet or twenty-five (25) percent of the gross floor area of such building as
it existed on March 27, 1997, whichever results in the least amount of
square footage, the building and the parcel of ground upon which the
building is located shall be brought into compliance with the applicable
general development standards contained in Article 3 and the applicable
district standards contained in Article 4 of this Land Use Code, to the
extent reasonably feasible. Any new structure that is added to said parcel
of ground shall also comply with the applicable general development
standards and district standards referenced above.
Section 2. That Section 2.1.2(H) of the Land Use Code is hereby amended to
read as follows:
(H) Is it possible to receive preliminary feedback from the City Council
regarding complex development proposals? If an application for approval
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of a development plan also entails City Council approval of an annexation
petition, an amendment to the city's Comprehensive Plan, or some other
kind of formal action by the City Council, other than a possible appeal
under this-Land Use Code, and if a land development or renewal project is
determined by the City Manager to be of community-wide impact, the
applicant for such approval may request that the City Council conduct a
hearing for the purpose of receiving preliminary comments from the City
Council regarding the applicant's overall proposal in order to assist the
developer in determining whether to file a development application or
annexation petition. All pre-application hearings scheduled by the City
Manager under this provision will be held in accordance with the provisions
contained in Steps 6, 7(B) and 7(C) of the Common Development Review
Procedures, except that the signs required to be posted under Step 6(B) shall
be posted subsequent to the scheduling of the hearing and not less than
-'fourteen (14) days prior to the date of the hearing. At the time of requesting
the hearing, the applicant must advance the city's estimated costs of
providing notice of the hearing. Any amounts paid that exceed actual costs
will be refunded to the applicant. At the conclusion of the hearing,
members of the City Council may, but shall not be required to, comment on
the proposal. Any comment, suggestion or recommendation made by any
Councilmember with regard to the proposal does not bind or otherwise
obligate any City decision maker to any course of conduct or decision
pertaining to the proposal. Only one (1) such hearing may be requested.
Section 3. That Section 2.2.2(A) of the Land Use Code is hereby amended to
read as follows:
2.2.2 Step 2: Neighborhood Meetings
(A) Purpose. In order to facilitate citizen participation early in the development
review process, the city shall require a neighborhood meeting between
citizens of area neighborhoods, applicants and the Director for any
development proposal that is subject to P&Z review unless the Director
determines that the development proposal would not have significant
neighborhood impact. Citizens are urged to attend and actively participate
in these meetings. The purpose of the neighborhood meeting is for such
development applications to be presented to citizens of area neighborhoods
and for the citizens to identify, list and discuss issues related to the
development proposal. Working jointly with staff and the applicant,
citizens help seek solutions for these issues. Neighborhood meetings are
held during the conceptual planning stage of the proposal so that
neighborhoods may give input on the proposal before time and effort have
been expended by the applicant to submit a formal development application
to the city. At least ten (10) calendar days shall have passed between the
date of the neighborhood meeting and the submittal to the City of the
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application for development approval for the project that was the subject of
the neighborhood meeting.
Section 4. 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) Staff Report Presented. The Director shall present a narrative and/or
graphic description of the development application. The Director
shall present a Staff Report which 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.
(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 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.
(4) Public Testimony. Members of the public may comment on the
application and present evidence, subject to the determination of the
Chair as to relevance.
(5) Applicant Response. The applicant may respond to any testimony or
evidence presented by the public.
(6) 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 5. That Section 2.2.11(C) of the Land Use Code is hereby amended to
read as follows:
(C) Project Development Plan and Plat. Within a maximum of three (3) years
following the approval of a project development plan and upon the
expiration of any right of appeal, or upon the final decision of the City
Council following appeal, if applicable, the applicant must proceed by
obtaining the Director's approval of a final plan for all or part of the project
development plan. If such approval is not timely obtained, the. project
development plan (or any portion thereof which has not received final
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approval) shall automatically lapse and become null and void. The Director
may grant one (1) extension of the foregoing three-year requirement, which
extension may not exceed six (6) months in length. No vested rights shall
ever attach to a project development plan. The approval of, or completion of
work pursuant to, a final plan for portions of a project development plan shall
not create vested rights for those portions of the project development plan
which have not received such final plan approval and have not been
completed.
Section 6. That Section 2.2.11(D) of the Land Use Code is hereby amended
to read as follows:
(D) Final Plan and Plat and Other Site Specific Development Plans.
(1) Approval. A site specific development plan shall be deemed approved
upon the approval by the decision maker relating thereto.
(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 granting of an exception to this
requirement would not be detrimental to the public good and would: (a)
substantially alleviate an existing, defined and described problem of City-
wide concern; or (b) result in a substantial benefit to the City by reason of
the fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the
City's Comprehensive Plan or in an adopted policy, ordinance or
resolution of the City Council.
(10) Automatic repeal; waiver. Nothing in this Section is intended to create
any vested property right other than such right as is established pursuant to
the provisions of Article 68, Title 24, C.R.S. In the event of the repeal of
said article or a judicial determination that said article is invalid or
unconstitutional, this Section shall be deemed to be repealed and the
provisions hereof no longer effective. Nothing herein shall be construed
to prohibit the waiver of a vested property right pursuant to mutual
agreement between the City and the affected landowner. Upon the
recording of any such agreement with the county Clerk and Recorder, any
property right which might otherwise have been vested shall be deemed to
be not vested.
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Section 7. That Section 2.3.2(H)(1)•of the Land Use Code is hereby amended
to read as follows:
(H) Step 8 (Standards): Applicable. An overall development plan shall comply
with the following criteria:
(1) The overall development plan shall be consistent with the permitted
uses and applicable zone district standards (Article 4) of all zone
districts contained within the boundaries of the overall development
plan. The plan shall also be consistent with any zone district
standards (Article 4) and general development standards (Article 3)
that can be applied at the level of detail required for an overall
development plan submittal. Only one (1) application for an overall
development plan for any specific parcel or portion thereof may be
pending for approval at any given time. Such application shall also be
subject to the provisions for delay set out in Section 2.2.11.
Section 8. That Section 2.4.2(H) of the Land Use Code is hereby amended to
read as follows:
(H) Step 8 (Standards): Applicable. A project development plan shall comply
with all General Development Standards applicable to the development
proposal (Article 3) and the applicable District Standards (Article 4); and,
when a project development plan is within the boundaries of an approved
overall development plan, the project development plan shall be consistent
with the overall development plan. Only one (1) application for a project
development plan for any specific parcel or portion thereof may be pending
for approval at any given time. Such application shall also be subject to the
provisions for delay set out in Section 2.2.11.
Section 9. That Section 3.2.2(L) of the Land Use Code is hereby amended to
read as follows:
(L) Parking Stall Dimensions. Off-street parking areas for automobiles shall
meet the following minimum standards for long- and short-term parking of
standard and compact vehicles:
Section 10. That Section 3.4.1(D)(1) of the Land Use Code is hereby amended
to read as follows:
(D) Ecological Characterization and Natural Habitat or Feature Boundary
Definition. The boundary of any natural habitat or feature shown on the
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Natural Habitats and Features Inventory Map is only approximate. The
actual boundary of any area to be shown on a project development shall be
proposed by the applicant and established by the Director through site
evaluations and reconnaissance, and shall be based on the ecological
characterization of the natural habitat or feature in conjunction with the
map.
(1) Ecological Characterization Study. If the development site contains,
or is within five hundred (500) feet of, a natural habitat or feature, or
if it is determined by the Director, upon information or from
inspection, that the site likely includes areas with wildlife, plant life
and/or other natural characteristics in need of protection, then the
developer shall provide to the city an ecological characterization
report prepared by a professional qualified in the areas of ecology,
wildlife biology or other relevant discipline. At least ten (10)
working days prior to the submittal of a project development plan
application for all or any portion of a property, a comprehensive
ecological characterization study of the entire property must be
prepared by a qualified consultant and submitted to the City for
review. The Director may waive any or all of the following elements
of this requirement if the city already possesses adequate information
required by this subsection to establish the buffer zone(s), as set forth
in subsection (E) below, and the limits of development ("LOD"), as
set forth in subsection (N) below. The ecological characterization
study shall describe, without limitation, the following:
Section 11. That Section 3.4.7(C) of the Land Use Code is hereby amended to
read as follows:
(C) Determination of Landmark Eligibility. The determination of individual
eligibility for local landmark designation will be made in accordance with
the applicable provisions of Chapter 14 of the City Code. A site, structure
or object may be determined to be individually eligible for local landmark
designation if it meets one (1) or more of the criteria as described in Section
14-5, "Standards for Designation of Sites, Structures, Objects and Districts
For Preservation" of the City Code. If a property is determined to be
eligible for designation, the applicant will provide a completed Colorado
Cultural Resource Survey Architectural Inventory Form for the property.
The determination of individual eligibility for the National or State Register
of Historic Places shall be according to the processes and procedures of the
Colorado Historical Society.
Section 12. That Section 3.5.1(H) of the Land Use Code is hereby amended to
read as follows:
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(H) Land Use Transition. When land uses with significantly different visual
character are proposed adjacent to each other and where gradual transitions
are not possible or not in the best interest of the community, the
development plan shall, to the maximum extent feasible, achieve
compatibility through compliance with the standards set forth in this
Division regarding scale, form, materials and colors, buffer yards and
adoption of operational standards including limits on hours of operation,
lighting, placement of noise-generating activities and similar restrictions.
Section 13. That Section 3.6.2(L) of the Land Use Code is hereby amended to
read as follows:
(L) Private Drives and Street-like Private Drives.
(1) When Allowed.
(a) Internal access or additional cross-access. Private drives shall
be allowed in a development, provided that their function will
only be to provide access to property within the development or
additional cross-access between developments that are also
connected by a street(s). Private drives shall not be permitted if
(by plan or circumstance) such drives would, in the judgment of
the City Engineer, attract "through traffic" in such volumes as to
render such drives necessary as connections between
developments, neighborhoods or other origins and destinations
outside of the development plan.
(b) Primary access. A private drive shall be allowed to provide
primary access to development, provided that the drive is in
compliance with paragraph(a) above.
(c) Street-Like Private Drives. A street-like private drive shall be
allowed as primary access to facing buildings or to parcels
internal to a larger, cohesive development plan, or for the
purposes of meeting other requirements for streets. Street-like
private drives shall be designed to include travel lanes, on-street
parking, tree-lined border(s), detached sidewalk(s); and
crosswalks. Other features such as bikeways, landscaped
medians, corner plazas and pedestrian lighting may be provided
to afford an appropriate alternative to a street in the context of
the development plan.
On-street parking for abutting buildings may be parallel or
angled. Head-in parking may only be used in isolated parking
situations.
Such street-like private drives must be similar to public or
private streets in overall function and buildings shall front on
and offer primary orientation to the street-like private drive.
Street-like private drives may be used in conjunction with other
standards, such as block configuration, orientation to connecting
walkways, build-to-lines, or street pattern and connectivity.
(d) Neither a private drive nor a street-like private drive shall be
permitted if it prevents or diminishes compliance with any other
provisions of this Land Use Code.
(2) Design Requirements. Private drives shall be designed to meet the
following criteria:
(a) If any property served by the private drive cannot receive fire
emergency service from a public street, then all emergency
access design requirements shall apply to the private drive in
accordance with Section 3.6.6. An "emergency access
easement" must be dedicated to the city for private drives that
provide emergency access.
(b) Private drives which must comply with Section 3.6.6 for
emergency access shall be limited to an overall length of six
hundred sixty(660) feet from a single point of access (measured
as the fire hose would lay).
Section 14. That Section 3.8.11(D) of the Land Use Code is hereby amended
to read as follows:
(D) For the purposes of this Section, the height of a fence or wall shall be the
distance from the top of the fence or wall to the finished grade of the lot
directly under the fence or wall as such grade existed at the time the fence
or wall was constructed. Any berm, wall or similar feature that is
constructed for the purpose of increasing the height of a fence or wall shall
be considered to be a part of the fence or wall.
Section 15. That Section 3.10.1 of the Land Use Code is hereby amended to
read as follows:
3.10.1 Applicability and Purpose
(A) Applicability. These standards apply to applications for development
within the boundary of the TOD Overlay Zone, south of Prospect Road and
provided further that the provisions contained in Section 3.4.10(D)
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regarding parking structure design shall also apply to the H-M-N, High
Density Mixed-Use Neighborhood and the C-C, Community Commercial
zone districts throughout the City.
(B) Purpose. The purpose of this Section is to modify the underlying zone
districts south of Prospect Road to encourage land uses, densities and
design that enhance and support transit stations along the Mason Corridor.
These provisions allow for a mix of goods and services within convenient
walking distance of transit stations; encourage the creation of stable and
attractive residential and commercial environments within the TOD
Overlay Zone south of Prospect Road; and provide for a desirable
transition to the surrounding existing neighborhoods. Accordingly, in the
event of a conflict between the provisions contained in this Division and
the provisions contained in Article 4, this Division shall control. The
purpose of this Section is also to apply the standards contained in Section
3.4.10(D) regarding parking structure design to all land within the City
that is located in the.H-M-N, High Density Mixed-Use Neighborhood and
the C-C, Community Commercial zone districts.
Section 16. That Section 4.2(D)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(D) Land Use Standards.
(1) Density/Intensity. All development shall meet the following require-
ments:
(a) Overall average density shall not exceed two (2) dwelling units
per gross acre.
Section 17. That Section 4.2(E)(2)(c) of the Land Use Code is hereby amended
to read as follows:
(c) Minimum lot sizes do not apply provided that the overall
average density of the proposed development does not exceed
two (2) dwelling units per gross acre and the density of the
cluster development does not exceed five (5) dwelling units per
net acre.
Section 18. That Section 4.6(E) of the Land Use Code is hereby amended by
the addition of a new subsection (3) which reads in its entirety as follows:
(3) Design standards for multi family dwellings.
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(a) Orientation and setbacks. Setbacks from the property
line of abutting property containing single- and two-family
dwellings shall be twenty-five (25) feet.
(b) Variation among repeated buildings. For any
development containing at least five (5) and not more than
seven (7) buildings (excluding clubhouses/leasing offices),
there shall be at least two (2) distinctly different building
designs. For any such development containing more than
seven (7) buildings (excluding clubhouses/leasing offices),
there shall be at least three (3) distinctly different building
designs. For all developments, there shall be no more than
two (2) similar buildings placed next to each other along a
street, street-like private drive or major walkway spine.
Buildings shall be considered similar unless they vary
significantly in footprint size and shape, architectural
evaluations and entrance features, within a coordinated
overall theme of roof forms, massing proportions and other
characteristics. To meet this standard, such variation shall
not consist solely of different combinations of the same
building features.
(c) Variation of color. Each multi-family building shall
feature a palette of muted colors, earth tone colors, natural
colors found in surrounding landscape or colors consistent
with the adjacent neighborhood. For a multiple structure
development containing at least forty (40) and not more
than fifty-six (56) dwelling units, there shall be at least two
(2) distinct color schemes used on structures throughout the
development. For any such development containing more
than fifty-six (56) dwelling units, there shall be at least
three (3) distinct color schemes used on structures.
throughout the development. For all developments, there
shall be no more than two (2) similarly colored structures
placed next to each other along a street or major walkway
spine.
(d) Entrances. Entrances shall be made clearly visible from
the streets and public areas through the use of architectural
elements and landscaping.
(e) Roofs. Roof lines may be either sloped, flat or curved, but
must include at least two (2) of the following elements:
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1. The primary roof line shall be articulated through a
variation or terracing in height, detailing and/or
change in massing.
2. Secondary roofs shall transition over entrances,
porches, garages, dormers, towers or other
architectural projections.
3. Offsets in roof planes shall be a minimum of two
(2) feet in the vertical plane.
4. Termination at the top of flat roof parapets shall be
articulated by design details and/or changes in
materials and color.
5. Rooftop equipment shall be hidden from view by
incorporating equipment screens of compatible
design and materials.
(f) Facades and Walls. Each multi-family dwelling shall be
articulated with projections; recesses, covered doorways,
balconies, covered box or bay windows and/or other similar
features, dividing large facades and walls into human-
scaled proportions similar to the adjacent single- or two-
family dwellings, and shall not have repetitive,
undifferentiated wall planes. Building facades shall be
articulated with horizontal and/or vertical elements that
break up blank walls of forty (40) feet or longer. Facade
articulation may be accomplished by offsetting the floor
plan, recessing or projection of design elements, change in
materials and/or change in contrasting colors. Projections
shall fall within setback requirements.
(g) Colors and materials. Colors of non-masonry materials
shall be varied from structure to structure to differentiate
between buildings and provide variety and individuality.
Colors and materials shall be integrated to visually reduce
the scale of the buildings by contrasting trim, by
contrasting shades or by distinguishing one (1) section or ,
architectural element from another. Bright colors, if used,
shall be reserved for accent and trim.
Section 19. That Section 4.7(B)(1)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Accessory/Miscellaneous Uses:
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1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory buildings containing habitable space.
3. Accessory uses.
Section 20. That Section 4.7(B)(2)(c) of the Land Use Code is hereby deleted
in its entirety:
Section 21. That Section 4.7(D) of the Land Use Code is hereby amended to
read as follows:
(D) Land Use Standards.
(3) Accessory Buildings With Habitable Space (or Potential Future Habitable
Space). Any accessory building with water and/or sewer service shall be
considered to have habitable space. Any person applying for a building
permit for such a building shall sign and record with the Larimer County
Clerk and Recorder an affidavit stating that such accessory structure shall
not be used as a dwelling unit._ All applicable building permits issued for
such buildings shall be conditioned upon this prohibition. Any such
structure containing habitable space that is located behind a street-fronting
principal building shall contain a maximum of six hundred (600) square
feet of floor area. Floor area. shall include all floor space within the
basement and ground floor plus that portion of the floor area of any
second story having a ceiling height,of at least seven and one-half (7'/z)
feet. Such accessory building may be located in any area of the rear
portion of a lot, provided that it complies with the setback requirements of
this District and there is at least a ten-foot separation between structures.
Section 22. That Section 4.8(B)(1)(d) of the Land, Use Code is hereby
amended to read as follows:
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory buildings containing habitable space.
3. Accessory uses.
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Section 23. That Section 4.8(B)(2)(c) of the Land Use Code is hereby deleted
in its entirety:
Section 24. That Section 4.8(D) of the Land Use Code is hereby amended to
read as follows:
(D) Land Use Standards.
(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any accessory building with water and/or sewer
service shall be considered to have habitable space. Any person
applying for a building permit for such a building shall sign and record
with the Larimer County Clerk and Recorder an affidavit stating that
such accessory structure shall not be used as a dwelling unit. All
building permits issued for such buildings shall be conditioned upon this
prohibition. An applicant may also declare an intent for an accessory
building to contain habitable space. Any such structure containing
habitable space that is located behind a.street-fronting principal building
shall contain a maximum six hundred (600) square feet of floor area.
Floor area shall include all floor space within the basement and ground
floor plus that portion of the floor area of any second story having a
ceiling height of at least seven and one-half(7%) feet. Such accessory
building may be located in any area of the rear portion of a lot, provided
that it complies with the setback requirements of this District and there
is at least a ten-foot separation between structures.
Section 25.. That Section 4.9(B)(1)(d) of the Land Use Code is hereby
amended to read as follows:
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory buildings containing habitable space.
3. Accessory uses.
Section 26. That Section 4.9(B)(2)(d) of the Land Use Code is hereby deleted
in its entirety:
Section 27. That Section 4.9(D)(3) of the Land Use Code is hereby amended to
read as follows:
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(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any accessory building with water and/or sewer
service shall be considered to have habitable space. An applicant may
also declare an intent for an accessory building to contain habitable
space. Any person applying for a building permit for such a building
shall sign and record with the Larimer County Clerk and Recorder an
affidavit stating that such accessory structure shall not be used as a
dwelling unit. All building permits issued for such buildings shall be
conditioned upon this prohibition. Any such structure containing
habitable space that is located behind a street-fronting principal
building shall contain a maximum six hundred (600) square feet of
floor area. Floor area shall include all floor space within the
basement and ground floor plus that portion of the floor area of any
second story having a ceiling height of at least seven and one-half
(7%) feet. Such accessory building may be located in any area of the
rear portion of a lot, provided that it complies with the setback
requirements of this District and there is at least a ten-foot separation
between structures.
Section 28. That the graphic contained Section_4.16(D)(2)(c) of the Land Use
Code is hereby deleted in its entirety and replaced with the new graphic below:
Figure 18.6
Measurement of Height Limits
Architectural
Mean Height Roof Features
Between Eave and Ridge
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Section 29. That the graphic contained in Section 4.16(D)(4)(b)2 of the Land
Use Code is hereby deleted in its entirety and replaced with the new graphic below:
Total
Height
Additional Height Above
5-6 Stories,85' +/-
5-6 Stories, With Design To Mitigate The
85' +/- Additional Height and Mass
Landscaped Additional
Ground Floor i Setbacks Above
Setback Base Portion to
Mitigate Height
And Mass
Base Portion
Of Building
Property, Combined Ground Floor And
Lines Upper Floor Setbacks To
Mitigate Mass And Height
Section 30. That Section 4.27(D)(4)(a) of the Land Use Code is hereby
amended to read as follows:
(4) Dimensional Standards.
(a) Maximum height shall be four(4) stories.
Section 31. That the definition "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.
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(2) Development shall not include:
(a) work by the City, or by the Downtown Development Authority
(if within the jurisdictional boundary of the Downtown
Development Authority and if such work has been agreed upon
in writing by the City and the Authority), or 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, or on
land adjacent to the right-of-way if such work is incidental to a
project within the right-of-way;
Section 32. That the definition "Private drive" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Private drive shall mean a parcel of land not dedicated as a public street, over
which a private easement for road purposes has been granted to the owners of
property adjacent thereto, which intersects or connects with a public or private
street, and where the instrument creating such easement has been recorded in the
Office of the Clerk and Recorder of Larimer County. A street-like private drive is
a type of private drive that may be used instead of a street under the provisions of
Section 3.6.2(L)(c).
Section 33. That the definition "Private street" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Private street shall mean a parcel of land not dedicated as a public street, over
which a public access easement for street purposes has been granted to the city,
and where the instrument creating such easement has been recorded or filed in the
Office of the Clerk and Recorder of Larimer County. The public access easement
shall allow for access by police, emergency vehicles, trash collection and other
service vehicles, utility owners and the public in general.
Introduced, considered favorably on first reading, and ordered published this 6th
day of September, A.D. 2011, and to be presented for final passage on the 20th day of
September, A.D. 2011.
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Passed and adopted on final reading on the 20th day of September, A.D. 2011.
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Chief Deputy City Clerk'
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