HomeMy WebLinkAbout175 - 12/16/2014 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 175, 2014
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 interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section I. That Section 1.3.4 of the Land Use Code is hereby amended to read as
follows:
1.3.4 Addition of Permitted Uses
(C) Required Findings. In conjunction with an application for approval of an overall
development plan, a project development plan, a final plan or any amendment of
the foregoing, and upon the petition of the applicant or on the Director's own
initiative, the Director (or the Planning and Zoning Board as specifically authorized
and limited in subsection (D) below) may add to the uses specified in a particular
zone district any other similar use which conforms to all of the following
conditions:
(1) Such use is appropriate in the zone district to which it is added.
(2) Such use conforms to the basic characteristics of the zone district and the
other permitted uses in the zone district to which it is added.
(3) The location, size and design of such use is compatible with and has minimal
negative impact on the use of nearby properties.
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(4) Such use does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental impacts,
adverse impacts on public or quasi-public facilities, utilities or services,
adverse effect on public health, safety, morals or aesthetics, or other adverse
impacts of development, than the amount normally resulting from the other
permitted uses listed in the zone district to which it is added.
(5 ) Such use will not change the predominant character of the surrounding area.
(6) Such use is compatible with the other listed permitted uses in the zone district
to which it is added.
(7) Such use, if located within or adjacent to an existing residential neighbor-
hood, shall be subject to two (2) neighborhood meetings, unless the Director
determines, from information derived from the conceptual review process,
that the development proposal would not have any significant neighborhood
impacts . The first neighborhood meeting must take place prior to the
submittal of an application. The second neighborhood meeting must take
place after the submittal of an application and after the application has
completed the first round of staff review.
(8) Such use is not a medical marijuana business as defined in Section 15 -452 of
the City Code or a retail marijuana establishment as defined in Section 15 -
603 of the City Code.
(F) Conditions . When any use has been added to the list of permitted uses in any zone
district in accordance with this Section, the Director (or the Planning and Zoning
Board, if applicable) may impose such conditions and requirements (including, but
not limited to, conditions related to the location, size and design) on such use as are
necessary or desirable to : ( 1 ) accomplish the purposes and intent of this Code, (2)
to-ensure consistency with the City Plan and its adopted components and associated
sub-area plans, or (3) prevent or minimize adverse effects and impacts .
(G) Changes to Approved Addition of Permitted Use. Approvals under this Section
are specific to the subject Addition of Permitted Use application. Any changes to
the use or to its location, size and design, in a manner that changes the
predominant character of or increases the negative impact upon the surrounding
area, will require the approval of a new Addition of Permitted Use .
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Section 2. That Section 2.1.1 of the Land Use Code is hereby amended to read as
follows:
2.1.1 Decision Maker and Administrative Bodies
The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community
Planning and Environmental Services Director (the "Director") are frequently referenced
in this Land Use Code. Reference should be made to Chapter 2 of the City Code for
descriptions of these and other decision makers and administrative bodies, and their
powers, duties, membership qualifications and related matters.
The Director or the Planning and Zoning Board will consider, review and decide all
development applications for permitted uses (overall development plans, basic
development review plans, project development plans and final plans) according to the
provisions of this Land Use Code. For those development applications subject to basic
development review, the Director (or the Director's subordinate) is the designated
decision maker. For those development applications subject to administrative review
(sometimes referred to as "Type I review"), the Director is the designated decision maker
(see Section 2.2.7(A)(1)). For those development applications subject to P&Z review
(sometimes referred to as "Type 2 review"), the Planning and Zoning Board is the
designated decision maker (see Section 2.2.7(A)(2)). The permitted use list for a
particular zone district and the development review procedure "steps" for a particular
development application identifies which review, Type 1 or Type 2, will apply. For
building permit applications, the Building and Zoning Director is the decision maker (see
Section 2.6.3). (See "Overview of Development Review Procedures," Section 2.1.2,
below, for a further description of different levels of review.)
Section 3. That Section 2.1.3(A) of the Land Use Code is hereby amended to read as
follows:
2.1.3 Types of Development Applications
(A) Applicability. All development proposals which include only permitted uses must
be processed and approved through the following development applications: a
basic development review; or through a project development plan (Division 2.4),
then through a final plan (Division 2.5), then through a development construction
permit (Division 2.6) and then through a building permit review (Division 2.7). If
the applicant desires to develop in two (2) or more separate project development
plan submittals, an overall development plan (Division 2.3) will also be required
prior to or concurrently with the project development plan. Each successive
development application for a development proposal must build upon the
previously approved development application by providing additional details
(through the development application submittal requirements) and by meeting
additional restrictions and standards (contained in the General Development
Standards of Article 3 and the District Standards of Article4).
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Section 4 . That Section 2 .2 . 3 (C) of the Land Use Code is hereby amended by the
deletion of subparagraph (i) .
Section 5 . That Section 2 .2 . 7(G) of the Land Use Code is hereby amended to read as
follows :
2 . 2.7 Step 7 : Public Hearing
(G) Recording of Decisions and Plats.
( 1 ) Filing with City Clerk. Once approved, and after the appeal period has
expired (if applicable) , the decision of the decision maker shall be filed with the
City Clerk.
(2) Final Plats and Development Agreements Recorded with County Clerk
and Recorder. Once the final utility plans, final plat and all other applicable Final
Development Plan Documents are approved, and the development agreement has
been executed, the final plan has been approved, and any applicable conditions of
final plan approval have been met, after the appeal period has expired, the final
plat and Development Agreement shall be recorded by the City in the Office of
the Larimer County Clerk and Recorder and shall be filed with the City Clerk.
The date that the recording with the Larimer County Clerk and Recorder of both
the Final Plat and the Development Agreement is accomplished by the City shall
establish the date of approval under Section 2 .2 . 11 (D)(( 1 ) of this Land Use Code .
Section 6 . That Section 2 .2 . 11 (D)( 1 ) of the Land Use Code is hereby amended to
read as follows :
2.2. 11 Step 11 : Lapse
(D) Final Plan and Plat and Other Site Specific Development Plans.
( 1 ) Approval. A site specific development plan shall be deemed approved
upon the recording by the City with the Larimer County Clerk and Recorder of
both the Final Plat and the Development Agreement.
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Section 7. That Section 2.16.2(D) of the Land Use Code is hereby amended to read
as follows:
2.16.2 Site Plan Advisory Review Procedures
(D) Step 4 (Review of Application): Applicable.
Section 8. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as
follows:
(10) A home occupation shall not be interpreted to include the following:
(h) medical marijuana businesses ("MMBs"), as defined in Section 15-
452 of the City Code-; 1
(i) retail marijuana establishment as defined in Section 15-603 of the
City Code;
Section 9. That Section 3.8.4 of the Land Use Code is hereby amended to read as
follows:
3.8.4 Child Care Center Regulations
(A)
Minimum Outdoor Pla Area or a Child Care Center
15 children or-less 1,200 square feet
more than 15 children 75 square feet per child for 33% of the child
capacity of the center
The outdoor play area shall not be required for drop-in child care centers.
For the purposes of this subsection, the capacity of the center is calculated based
upon indoor floor space reserved for school purposes of forty (40) square feet per
child. Any such play area on the site of the child care center within or abutting any
residential district shall be enclosed by a decorative solid wood fence, masonry
wall or chain link fence with vegetation screening, densely planted. The height of
such fence shall be a minimum of six (6) feet and shall comply with Section 3.8.11.
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Where access to child care centers is provided by other than local streets, an off-
street vehicular bay or driveway shall be provided for the purpose of loading and
unloading children.
Section 10. That the table contained in Section 4.16(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
A. RESIDENTIAL
Two-family dwellings Not Permitted Type I Not Permitted
Single-family attached dwellings(up to°S•�-rt, [41 H:44S Per Not Permitted Type I Type I
C.COMMERCIAL/RETAIL
Food truck rall Type I Type I Type I
Music facility,multi- u ose Tye I Tye I T e I
Section 11. That Section 4.17(B)(2)(c)(8) of the Land Use Code is hereby amended by
the addition of two new subparagraphs 16 and 17 which read in their entirety as follows:
16. Food truck rally.
17. Music facility, multi-purpose.
Section 12. That Section 4.18(B)(2)(c) of the Land Use Code is hereby amended by
the addition of two new subparagraphs 29 and 30 which read in their entirety as follows:
29. Food truck rally.
30. Music facility, multi-purpose.
Section 13. That Section 4.19(B)(2)(c) of the Land Use Code is hereby amended by
the addition of two new subparagraphs 28 and 29 which read in their entirety as follows:
28. Food truck rally.
29. Music facility, multi-purpose.
Section 14. That Section 4.20(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 21 which reads in its entirety as follows:
21. Music facility, multi-purpose.
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Section 15. That the table contained in Section 4.21(B)(2) is hereby amended to read
as follows:
Land Use 1-25/SH 392(CAC) General Commercial District
(C-G)
A. RESIDENTIAL.
C. COMMERCIAURETAIL
Food truck rally Not Permitted Type I
Section 16. That Section 4.23(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 22 which reads in its entirety as follows:
22. Food truck rally.
Section 17. That the table contained in Section 4.24(B)(2) of the Land Use Code is
hereby amended to read as follows:
i
Land Use Riverside Area All O[Her Areas
A. RESIDENTIAL
C. COMM ERCIAURETAIL
Food truck rally Not Permitted Type I
Section 18. That Section 4.26(B)(2)(c) of the Land Use Code is hereby amended by
the addition of two new subparagraphs 10 and 1 I which reads in their entirety as follows:
10. Microbrewery/distillery/winery (Community, Lifestyle, Regional, and
Convenience Shopping Centers only).
11. Food truck rally.
Section 19. That Section 4.26(D)(2) of the Land Use Code is hereby amended by the
addition of two new subparagraphs (r) and (s) which reads in their entirety as follows:
(r) Food truck rally.
(s) Microbrewery/distillery/winery.
Section 20. That Section 4.28(B)(2)(b) of the Land Use Code is hereby amended by
the addition of a new subparagraph (8) which reads in its entirety as follows:
(8) Music facility, multi-purpose.
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Section 21. That the definition "Dwelling" contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
Dwelling shall mean a building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family dwellings and
multi-family dwellings, and in the case of a dwelling to be constructed on the rear portion
of a lot in the L-M-N, M-M-N, N-C-L, N-C-M, N-C-B, C-C-N, C-C-R, H-C or E zone
districts, a minimum of four hundred (400) square feet of floor area, so long as a dwelling
already exists on the front portion of such lot. The term dwelling shall not include hotels,
motels, tents or other structures designed or used primarily for temporary occupancy.
Any dwelling shall be deemed to be a principal building.
Section 22. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Food truck rally" which reads in its entirety as follows:
Food truck rcdly shall mean a temporary or periodic special event, operating under a
Special Vending License, of more than two (2) outdoor vendors (such as food trucks and
carts), held on an improved private lot with permission of the owner thereof, and only
serving pedestrians.
Section 23. That Section 5.12 of the Land Use Code is hereby amended by the
addition of a new definition "Music facility, multi-purpose" which reads in its entirety as
follows:
Music facility, multi-purpose, shall mean a facility that may include indoor and outdoor
space for the purpose of music workshops, meetings, informal gatherings, occasional
small-scale music performances, and occasional recitals and open microphone sessions
where performance spaces. do not include permanent or designated seating or paid
admission.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
December, A.D. 2014, and to be presented for final passage on the 16th day of December, A.D.
2014.
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City Clerk
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Passed and adopted on final reading on this 16th day of December, A.D. 2014.
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