HomeMy WebLinkAbout086 - 07/01/2014 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 086, 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 1. That Section 1.3.4 of the Land Use Code is hereby amended to read as
follows:
1.3.4 Addition of Permitted Uses
(A) Purpose Statement. The purpose of the Addition of Permitted Use process is to
allow for the approval of a particular land use to be located on a specific parcel within a
zone district that otherwise would not permit such a use. Under this process, an applicant
may submit a plan that does not conform to the zoning, with the understanding that such
plan will be subject to a heightened level of review, with close attention being paid to
-compatibility and impact mitigation. This process is intended to allow for consideration
of unforeseen uses and unique circumstances on specific parcels with evaluation based on
the context of the surrounding area. The process allows for consideration of emerging
issues, site attributes or changed conditions within the neighborhood surrounding and
including the subject property. For residential neighborhoods, land use flexibility shall
be balanced with the existing residential character. Projects are expected to continue to
meet the objectives of any applicable sub-area plan and Ciry, Plan. The process
encourages dialogue and collaboration among applicants, affected property owners,
neighbors and City Staff.
(B) Applicability. This Section is applicable only under the following circumstances:
(1) Where the proposed use is not listed as a permitted use in any zone
district, does not fall within any existing use classification, and is
proposed as being appropriate to be added to the permitted uses in the
zone district. If approved under this Section, such use shall be considered
for inclusion into the zone district pursuant to Division 2.9;
or
(2) Where the proposed use is listed as a permitted use in one or more zone
district(s) and is proposed based solely on unique circumstances and
attributes of the site and development plan.
(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 (B) below) may add to the uses specified in a particular
zone district any other similar use which conforms to all of the following
conditions:
(5) Such use, if located within or adjacent to an existing residential
neighborhood, 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.
(6) Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility.
(D) Planning and Zoning Board Authority and Limitation. 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, the Planning and Zoning
Board may add a proposed use if the Board specifically finds that such use would
not be detrimental to the public good and would be in compliance with the
requirements and criteria contained in Section 3.5.1, provided that such addition of
a proposed use by the Planning and Zoning Board must be specific to the proposed
site and shall not be considered for a text amendment under subsection (C) below
and provided further that such use is not specifically listed as a 'Prohibited Use" in
the zone district in which the proposed site is located.
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(E) Codification of New Use. When any use has been added by the Director to the
list of permitted uses in any zone district in accordance with subsection (C) above,
such use shall be promptly considered for an amendment to the text of this Code
under Division 2.9. If the text amendment is approved, such use shall be deemed
to be permanently listed in the appropriate permitted use list of the appropriate
zone district and shall be added to the published text of this Code at the first
convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If
the text amendment is not approved, such use shall not be deemed permanently
listed in the zone district, except that such use shall continue to be deemed a
permitted use in such zone district for only the development proposal for which it
was originally approved under subsection (C) above.
(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 on
such use as are necessary or desirable to accomplish the purposes and intent of
this Code, to ensure consistency with City Plan and its adopted components and
associated sub-area plans, to.prevent or minimize adverse effects and impacts
Section 2. That Section 2.1.3 of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
2.1.3 Types of Development Applications
(E) Site Plan Advisory Review
(1) Purpose and Effect. The Site Plan Advisory Review process requires the
submittal and approval of a site development plan that describes the location,
character and extent of improvements to parcels owned or operated by public
entities. In addition, with respect to public and charter schools, the review also has
as its purpose, as far as is feasible, that the proposed school facility conforms to
the City's Comprehensive Plan.
(2) Applicability. A Site Plan Advisory Review shall be applied to any public
building or structure. For a public or charter school, the Planning and Zoning
Board shall review a complete Site Plan Advisory Review application within
thirty (30) days (or such later time as may be agreed to in writing by the
applicant) of receipt of such application under CRS 22-32-124. For Site Plan
Advisory Review applications under CRS 31-23-209, such applications shall be
reviewed and approved or disapproved by the Planning and Zoning Board within
sixty (60) days following receipt of a complete application.
Enlargements or expansions of public buildings, structures, schools and charter
schools are exempt from the Site Plan Advisory review process if:
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(a) The change results in a size increase of less than twenty five (25)
percent of the existing building, structure or facility being enlarged
whether it be a principal or accessory use; and
(b) The enlargement or expansion does not change the character of the
building or facility.
Application for a Site Plan Advisory Review is subject to review by the Planning
and Zoning Board under the requirements contained in Division 2.16 of this Land
Use Code.
Section 3. That Section 2.2.3(D)(3) of the Land Use Code is hereby amended to read
as follows:
(3) Notwithstanding the foregoing, the City Council may, by ordinance, waive
the imposition of any fee imposed by the provisions of this Section for a
housing project wholly or partially owned by a housing authority formed
pursuant to the provisions of Section 29-4-101, et seq., C.R.S., if the City
Council, in its sole discretion, determines that:
Section 4. That Section 2.2.6(A) of Land Use Code is hereby amended to read as
follows:
2.2.6 Step 6: Notice
(A) Mailed Notice. The Director shall mail written notice to the owners of record of all
real property within eight hundred (800) feet (exclusive of public rights-of-way,
public facilities, parks or public open space) of the property lines of the parcel of
land for which the development is planned. Owners of record shall be ascertained
according to the records of the Larimer County Assessor's Office, unless more current
information is made available in writing to the Director prior to the mailing of the
notices. If the development project is of a type described in the Supplemental Notice
Requirements of subsection 2.2.6(D), then the area of notification shall conform to
the expanded notice requirements of that Section. In addition, the Director may
further expand the notification area. Formally designated representatives of bona
fide neighborhood groups and organizations and homeowners' associations within
the area of notification shall also receive written notice. Such written notices shall
be mailed at least fourteen (14) days prior to the public hearing/meeting date. The
Director shall provide the applicant with a map delineating the required area of
notification, which area may be extended by the Director to the nearest streets or
other distinctive physical features which would create a practical and rational
boundary for the area of notification. The applicant shall pay postage and handling
costs as established in the development review schedule.
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Section 5. That Section 2.2.6 of the Land Use Code is hereby amended by the
addition of a new subsection (E) which reads in its entirety as follows:
(E) The following shall not affect the validity of any hearing, meeting, or
determination by the decision maker:
(1) The fact that written notice was not mailed as required under the provision
of this Section.
(2) The fact that written notice, mailed as required under the provision of this
section, was not actually received by one or more of the intended
recipients.
(3) The fact that signage, posted in compliance with the provision of this
section was subsequently damaged, stolen or removed either by natural
causes or by persons other than the person responsible for posting such
signage or his or her agents.
Section 6. That Section 2.2.10(A)(1)(e) of the Land Use Code is hereby amended to
read as follows:
(e) the minor amendment does not result in new buildings, building addi-
tions or site improvements, such as parking lots and landscaping, that
are proposed to be located outside the boundaries of the approved
Project Development Plan or approved site specific development plan;
or
Section 7. That Section 2.2.10(A)(2)(e) of the Land Use Code is hereby amended to
read as follows:
(e) the minor amendment does not result in new buildings, building addi-
tions or site improvements, such as parking lots and landscaping, that
are proposed to be located outside the boundaries of the approved
Project Development Plan or approved site specific development plan.
Section 8. That Section 2.2.10(A)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Referral. In either (1) or (2) above, the Director may refer the amendment to
the Administrative Hearing Officer or Planning and Zoning Board. The
referral of minor amendments to development plans approved under the laws
of the City for the development of land prior to the adoption of this Code
shall be processed as required for the land use or uses proposed for the
amendment as set forth in Article 4 (i.e. Type 1 review or Type 2 review) for
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the zone district in which the land is located. The referral of minor
amendments to project development plans or final plans approved under this
Code shall be reviewed and processed in the same manner as required for the
original development plan for which the amendment is sought, and, if so
referred, the decision of the Hearing Officer or Planning and Zoning Board
shall constitute a final decision, subject only to appeal as provided for
development plans under Division 2.3, 2.4 or 2.5, as applicable, for the minor
amendment.
Section 9. That Section 2.2.11(A) of the Land Use Code is hereby amended to read
as follows:
(A) Application Submittals. An application submitted to the City for the review and
approval of a development plan must be diligently pursued and processed by the
applicant. Accordingly, the applicant, within one hundred eighty (180) days of
receipt of written comments and notice to respond from the City on any submittal
(or subsequent revision to a submittal) of an application for approval of a
development plan, shall file such additional or revised submittal documents as are
necessary.to address such comments from the City. If the additional submittal
information or revised submittal is not filed within said period of time, the
development application shall automatically lapse and become null and void. The
Director may grant one (1) extension of the foregoing one-hundred-eighty-day
requirement, which extension may not exceed one hundred twenty (120) days in
length, and one (1) additional extension which may not exceed sixty (60) days in
length. This subsection (A) shall apply to applications which are, or have been,
filed pursuant to this Code and to applications which are, or have been, filed
pursuant to the laws of the City for the development of land prior to the adoption of
this Code. On transfer of ownership of any real property that is the subject of a
pending application, whether in whole or in part, such transfer shall bar a new
owner or transferee from taking further action on such application unless, prior to
taking any action, the new owner provides evidence satisfactory to the Director that
the transferor of such property intended that all rights of the owner under the
pending application be assigned to the transferee.
Section 10. That Section 2.2.11(D)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Term of Vested Right. Within a maximum of three (3) years following the
approval of a final plan or other site specific development plan, the applicant
must undertake, install and complete all engineering improvements (water,
sewer, streets, curb, gutter, street lights, fire hydrants and storm drainage) in
accordance with city codes, rules and regulations. The period of time shall
constitute the "term of the vested property right." The foregoing term of the
vested property right shall not exceed three (3) years unless: (a) an extension
is granted pursuant to paragraph (4) of this subsection, or (b) the City and the
developer enter into a development agreement which vests the property right
for a period exceeding three (3) years. Such agreement may be entered into
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by the City only if the subject development constitutes a 'large base industry"
as defined in Article 5, or if the Director determines that it will likely take
more than three (3) years to complete all engineering improvements for the
development, and only if warranted in light of all relevant circumstances,
including, but not limited to, the size and phasing of the development,
economic cycles and market conditions. Any such development agreement
shall be adopted as a legislative act subject to referendum. Failure to
undertake and complete such engineering improvements within the term of
the vested property right shall cause a forfeiture of the vested property right
and shall require resubmission of all materials and reapproval of the same to
be processed as required by this Code. All dedications as contained on the
final plat shall remain valid unless vacated in accordance with law.
Section 11. That Section 2.3.2(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Applicable.
Section 12. That Section 2.3.2(H)(3) of the Land Use Code is hereby amended to read
as follows:
(3) The overall development plan shall conform to the Master Street Plan
requirements and the street pattern/connectivity standards both within and
adjacent to the boundaries of the plan as required pursuant to Sections 3.6.1
and 3.6.3(A) through (F). The overall development plan shall identify
appropriate transportation improvements to be constructed and shall
demonstrate how the development, when fully constructed, will conform to
the Transportation Level of Service Requirements as contained in Section
3.6.4 by submittal of a Master Level Transportation Impact Study.
Section 13. That Section 2.4.2(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Applicable.
Section 14. That Section 2.5.2(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Applicable.
Section 15. That Section 2.6.3(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Applicable except that the term "City Engineer"
shall be substituted for the term "Director."
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Section 16. That Section 2.7.3(C) of the Land Use Code is hereby amended to read as
follows:
Step 3(D) (Development Review Fees): Applicable.
Section 17. That Section 2.7.3(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Not applicable.
Section 18. That Section 2.8.2(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Applicable.
Section 19. That Section 2.9.4 of the Land Use Code is hereby amended to read as
follows:
2.9.4 Text and Map Amendment Review Procedures
An amendment to the text of this Code or an amendment to the Zoning Map may be
approved by the City Council by ordinance after receiving a recommendation from the
Planning and Zoning Board. Any such proposed amendment shall be processed through
a public hearing before the Planning and Zoning Board, which hearing shall be held
either prior to City Council consideration of the proposed amendment or between first
and second readings of the ordinance approving the amendment which will provide a
recommendation to the City Council. (See Steps I though 12 below). The City Clerk
shall cause the hearing by the City Council to be placed on the agenda for a future City
Council meeting; and the public hearing before the City Council shall be held after at
least fifteen (15) days' notice of the time, date and place of such hearing and the subject
matter of the hearing and the nature of the proposed zoning change has been given by
publication in a newspaper of general circulation within the City. On a proposal for a
text amendment, the Planning and Zoning Board shall hold a hearing, which hearing shall
be held either prior to City Council consideration of the proposed amendment or between
first and second readings of the ordinance approving the amendment. Notice shall be
given as required for ordinances pursuant to the City Charter. The City Council shall
then approve, approve with conditions or deny the amendment based on its consideration
of the Staff Report, the Planning and Zoning Board recommendation and findings and the
evidence from the public hearings, and based on the amendment's compliance with the
standards and conditions established in this Section. In the event that a protest is filed
under the provisions of Section 31-23-305, C.R.S., any protested zoning change shall not
become effective except by the favorable vote of a simple majority of the
Councilmembers present and voting as provided in Article I1, Section 11 of the City
Charter. (See Steps 8 and 9 below).
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Section 20. That Section 2.9.4(D) of the Land Use Code is hereby amended to read as
follows:
(D) Step 4 (Review of Applications): Applicable.
Section 21. That Section 2.10.2(D) of the Land Use Code is hereby amended to read
as follows:
(D) Step 4 (Review of Applications): Applicable.
Section 22. That Section 2.10.2(F) of the Land Use Code is hereby amended to read as
follows:
(F) Step 6 (Notice): Subsection 2.2.6(A) only applies, except that "800 feet" shall be
changed to "150 feet," and for single-family houses in the NCL and NCM zone
districts, eight hundred (800) feet shall be changed to five hundred (500) feet for
variance requests for:
(1) Construction that results in a two-story house where a one-story house
previously existed and where there is at least one (1) lot abutting the side of
the subject lot and the house on such abutting lot is one (1) story; or
(2) Construction of a new house that is greater than two thousand five hundred
(2,500) square feet; or
(3) Construction of an addition that results ina total square footage of more than
three thousand (3,000) square feet;
Section 23. That Section 2.1 1.2(D) of the Land Use Code is hereby amended to read
as follows:
(D) Step 4 (Review of Applications): Applicable.
Section 24. That Section 2.13.1 of the Land Use Code is hereby amended to read as
follows:
2.13.1 Purpose
The purpose of this Division is to provide a procedure for relief, where appropriate, to
persons who claim that the application of this Code has interfered with their vested rights
to develop, or who claim that their property has been taken by reason of the application
of this Code.
The provisions and procedures of this Division shall be followed to conclusion prior to
seeking relief from the courts based upon any claim of vested rights, or any alleged denial
of economically beneficial use of land, any alleged lack of reasonable nexus of a
condition imposed by the City to potential impacts of development, any lack of rough
proportionality of a condition imposed by the City to potential impacts of development,
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any deprivation of due process which causes a taking, or any other taking of real
property.
Section 25. That Section 2.13.2 of the Land Use Code is hereby amended to read as
follows:
2.13.2 Administrative Process/Hearing Officer
There is hereby established the following Vested Rights Determination and Takings
Determination Procedures for the purpose of identifying certain parcels of real property
in the City that should be made exempt, or partially exempt, from the application of any
portion of this Code. An owner or developer of real property in the City who claims such
an exemption on the basis of development rights that have vested under the criteria
contained in Section 2.13.10 may seek a Vested Rights Determination in accordance with
the procedures described in this Division. Furthermore, an owner or developer of real
property in the City who claims that such property has been taken without just
compensation or who claims a deprivation of due process may seek a Takings
Determination in accordance with the procedures described in this Division. With regard
to a Takings Determination, the owner or developer may assert any legally recognized
takings claim, including, but not limited to, a claim that he or she has been deprived of
,.all economically beneficial use" of his or her property, that a condition imposed by the
City does not have a "reasonable nexus" to the potential impacts of his or her
development, that such a condition is not "roughly proportional" to the potential impacts
of his or her development, or that actions taken by the City under this Code have resulted
in a deprivation of due process. Such persons will be provided an opportunity for a
public hearing, the right to present and rebut evidence, a formal record and an impartial
Hearing Officer in accordance with the following procedures. Such Hearing Officer shall
be selected and appointed by the City Manager and shall be an attorney licensed to
practice law in the State of Colorado with experience in land use matters. Subject to the
procedures hereinafter provided, the Hearing Officer shall issue formal findings of fact,
conclusions of law and a Vested Rights Determination and/or Takings Determination,
depending on the nature of the claim asserted by the applicant. The claims shall be
reviewed according to the following procedure:
Section 26. That Section 2.13.3(E) of the Land Use Code is hereby amended to read as
follows:
(E) Notwithstanding the foregoing, the City Council may, by ordinance, waive the
imposition of any fee imposed by the provisions of this Section for a housing
project wholly or partially owned by a housing authority formed pursuant to the
provisions of Section 29-4-101, et seq., C.R.S., if the City Council, in its sole
discretion, determines that:
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Section 27. That Section 2.13.10(A) of the Land Use Code is hereby amended to read
as follows:
2.13.10 Criteria for Vested Rights
(A) This section is intended to strictly adhere to and implement existing case law and
statutory law controlling in the State of Colorado as they relate to the doctrine of
vested rights and equitable estoppel as applied to a home rule municipality
exercising its authority and powers in land use planning, zoning, the provisions of
adequate public facilities concurrent with development (APF), subdivision, site
development, land development regulations, and related matters addressed in this.
Land Use Code. It is the express intent of the city to require application of the
provisions of this Division 2.13 to as much development and property in the city
as is legally possible without violating the legally vested rights of an owner
developer under case law or statutory law. The criteria herein provided shall be
considered in rendering a Vested Rights Determination hereunder. It is intended
that each case be decided on a case-by-case factual analysis. An applicant shall be
entitled to a positive Vested Rights Determination only if such applicant
demonstrates, by dear and convincing evidence, entitlement to complete his or
her development without regard to the otherwise applicable provisions of this
Land Use Code by reason of: (A) the provisions of Title 24, Article 68, C.R.S.;
(B) Section 2.2.11(D) of this Land Use Code; or.(C) the existence of all three (3)
of the following requirements:
Section28. That Section 2.15.1(C)(4) of the Land Use Code is hereby amended to
read as follows:
(4) Step 4 (Review of Applications): Applicable.
Section 29. That Section 2.15.2(B)(4) of the Land Use Code is hereby amended to
read as follows:
(4) Step 4 (Review of Applications): Applicable.
Section 30. That Article 2 of the Land Use Code is hereby amended by the addition of
a new Division 2.16 which reads in its entirety as follows:
Division 2.16 Site Plan Advisory Review
2.16.1 Purpose and Applicability
The purpose and applicability of a Site Plan Advisory Review is contained in Section
2.1.3(E).
2.16.2 Site Plan Advisory Review Procedures
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A Site Plan Advisory Review shall be processed according to, in compliance with and
subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the
Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as
follows:
(A) Step I (Conceptual Review): Applicable.
(B) Step 2 (Neighborhood Meeting): Applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for
Site Plan Advisory Review as described in the development application submittal-
master list shall be submitted. The Director may waive or modify the foregoing
submittal requirements if, given the facts and circumstances of the specific
application, a particular requirement would either be irrelevant, immaterial,
redundant or otherwise unnecessary for the full and 'complete review of the
application.
Prior to acquisition of land or contracting for the purchase of a facility, a public
school or charter school shall advise the Planning and Zoning Board in writing.
The Planning and Zoning Board shall have ten (10) days in which to request
submittal of a site development plan.
Prior to constructing or twthorizing any other public building Or structure, a site
development plan identifying the location, character and extent shall be submitted
to the Planning and Zoning Board.
(D) Step 4 (Determination of Sufficiency): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice): Applicable.
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution thereof, the
Planning and Zoning Board shall consider a Site Plan Advisory Review and
approve or disapprove the application in a public hearing held within sixty (60)
days after receipt of the application under CRS 31-23-209. In the case of a public
or charter school application under CRS 22-32-124, the Planning and Zoning
Board shall provide review comments at a public hearing held within thirty (30)
days (or such later time as may be agreed to in writing by the applicant) after
receipt of the application.
Step 7(B)-(G) (Conduct of Public Hearing, Order of Proceedings at Public
Hearing, Decision and Findings, Notification to Applicant, Record of
Proceedings, Recording of Decisions and Plats): Applicable.
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(H) Step 8 (Standards): Not applicable, and in substitution thereof, an application for a
Site Plan Advisory Review shall-comply with the following criteria:
(1) The site location for the proposed use shall be consistent with the land use
designation described by the City Structure Plan Map, which is an element
of the City's Comprehensive Plan.
(2) The site development plan shall conform to architectural, landscape and
other design standards and guidelines adopted by the applicant's
governing body. Absent adopted design standards and guidelines, the
design character of the site development plan shall be consistent with the
stated purpose of the respective land use designation as set forth in the
City's Comprehensive Plan.
(3) The site development plan shall identify the level of functional and visual
impacts to public rights-of-way, facilities, and abutting private land caused
by the development, including, but not limited to, streets, sidewalks,
utilities, lighting, screening and noise, and shall mitigate such impacts to
the extent reasonably feasible.
(I) Step 9 (Conditions of Approval): Not applicable.
(J) Step 10 (Amendments): Not applicable.
(K) Step 11 (Lapse): Not Applicable.
(L) Step 12 (Appeals): Not applicable, and in substitution thereof, a disapproved Site
Plan Advisory Review made under CRS 31-23-209 may be overruled by the
governing board of the public entity by a vote of not less than two-thirds (2/3) of
its entire membership. Further, with respect to a review made under CRS 22-32-
124, the Planning and Zoning Board may request a hearing before the applicable
board of education.
Section 31. That Figure 1 in Section 3.2.1(E)(5)(c) of the Land Use Code is hereby
deleted and replaced with the new Figure I as follows::
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Figure 1
Interior Landscaping for Vehicular Use Areas
E Street or Drive —�
I
Boundary of the
\ vehicular use area
for measuring interior
landscaping areas
Parkiing Lot
or
Irk
Bldgs.
other -
veh.i� ular
use
aHea
\
- Interior
Pedestrian landscaping
areas
areas
I I IUII
Section 32. That Section 3.2.3(E)(1) of the Land Use Code is hereby amended to read
as follows:
(E) Shading.
(1) The physical elements of the development plan shall be, to the maximum
extent feasible, located and designed so as not to cast a shadow onto
structures on adjacent property greater than the shadow which would be cast
by a twenty-five-foot hypothetical wall located along the property lines of the
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project between the hours of 9:00 am and 3:00 pm, MST; on December 21.
This provision shall not apply to structures within the following high-density
zone districts: Downtown, Community Commercial, and Transit-Oriented
Overlay District.
Section 33. That Section 3.5.1(G)(1) of the Land Use Code is hereby amended to read
as follows:
(G) Building Height Review.
(1) Special Height Review/Modifications.
Purpose. The purpose of this Section is to establish a special process to
review buildings or structures that exceed forty (40) feet in height. Its intent
is to encourage creativity and diversity of architecture and site design within
a context of harmonious neighborhood planning and coherent environmental
design, to protect access to sunlight, to preserve desirable views and to define
and reinforce downtown and designated activity centers. All buildings or
structures in excess of forty (40) feet in height shall be subject to special
review pursuant to this subsection (G).
(a) Review Standards. If any building or structure is proposed to be
greater than forty (40) feet in height above grade, the building or
structure must meet the following special review criteria:
1. Light and Shadow. Buildings or structures greater than forty (40)
feet in height shall be designed so as not to have a substantial
adverse impact on the distribution of natural and artificial light on
adjacent public and private property. Adverse impacts include, but
are not limited to, casting shadows on adjacent property sufficient
to preclude the functional use of solar energy technology, creating
glare such as reflecting sunlight or artificial lighting at night,
contributing to the accumulation of snow and ice during the winter
on adjacent property, and shading of windows or gardens for more
than three (3) months of the year. Techniques to reduce the
shadow impacts of a building may include, but are not limited to,
repositioning of a structure on the lot, increasing the setbacks,
reducing building mass or redesigning a building shape.
2. Privacy. Development plans with buildings or structures greater
than forty (40) feet in height shall be designed to address privacy
impacts on adjacent property by providing landscaping, fencing,
open space, window size, window height and window placement,
orientation of balconies, and orientation of buildings away from
adjacent residential development, or other effective techniques.
15
3. Neighborhood Scale. Buildings or structures greater than forty
(40) feet in height shall be compatible with the scale of the
neighborhoods in which they are situated in terms of relative
height, height to mass, length to mass, and building or structure
scale to human scale.
(b) Submittal Requirements. All development plans proposing building or
structure heights in excess of forty (40) feet shall, at a minimum,
include the following information:
I. a shadow analysis that indicates on the project development site
plan the location of all shadows cast by the building or structure
(with associated dates of the year);
2. a summary of the key conclusions of the shadow analysis, and
steps to be taken to comply with the review standards set forth
above.
Section 34. That Section 3.5.2(C) of the Land Use Code is hereby amended to read as
follows:
3.5.2 Residential Building Standards
(C) Housing Model Variety and Variation Among Buildings.
(1) Single-family detached, single-family attached in groups of two (2), and
two (2) family dwellings shall comply with the following requirements:
(a) Any development of one hundred (100) or more single-family
detached, single-family attached in groups of two (2), or two-
family detached dwelling units shall have at least four (4) different
types of housing models. Any development containing fewer than
one hundred (100) single-family or two-family dwelling units shall
have at least three (3) different types of housing models. The
applicant shall include in the application for approval of the project
development plan documentation showing how the development
will comply with the foregoing requirement.
(b) Each housing model shall have at least three (3) characteristics
which clearly and obviously distinguish it from the other housing
models, which characteristics may include, without limitation,
differences in floor plans, exterior materials, roof lines, garage
placement, placement of the footprint on the lot, and/or building
face.
16
(c) The requirements provided in subparagraphs (1) and (2) above
shall not apply to developments containing ten (10) or fewer
dwelling units.
(d) The enforcement procedure for this standard shall be in accordance
with Section 3.8.15.
(2) Single-family attached buildings containing more than two (2) dwelling
units shall comply with the following requirements:
(a) For any development containing at least three (3) and not more
than five (5) buildings (excluding clubhouses/ leasing offices),
there shall be at least two (2) distinctly different building designs.
For any such development containing more than five (5) buildings
(excluding clubhouses/leasing offices), there shall be at least three
(3) distinctly different building designs. For all developments,
there shall be no similar buildings placed next to each other along a
street or street-like private drive. Building designs shall be
considered similar unless they vary significantly in footprint size
and shape.
(b) Building designs shall be further distinguished by including unique
architectural elevations and unique entrance features, within a
coordinated overall theme of roof forms, massing proportions and
other characteristics. Such variation among buildings shall not
consist solely of different combinations of the same building
features.
Section 35. That Section 3.6.2(0) of the Land Use Code is hereby amended to read as
follows:
(0) Easements. Easements shall be controlled by the following requirements:
(3) Development plans shall incorporate and continue any public access
easements so as to connect them to any such easements that exist on abutting
properties.
(4) The subdivider shall be responsible for adequate provisions to eliminate or
control flood hazards associated with the subdivision in accordance with
Chapter 10 of the City Code. Agreements concerning stormwater drainage
between private parties shall be subject to city review and approval.
Section 36. That Section 3.8.4(A) of the Land Use Code is hereby amended to read as
follows:
17
3.8.4 Child Care Center Regulations.
(A) Minimum Outdoor Play Area or a Child Care Center
15 children or less 1,200 square feet
t)75quare feet per child for 33%
more than 15 children. f 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. Where access to
preschool nurseries 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 37. That Section 3.8.25(B) of the Land Use Code is hereby amended to read
as follows:
(B) A building or structure containing a permitted use which has been damaged by fire
or other accidental cause or natural catastrophe may be reconstructed to its previous
condition provided that such work is started within twelve (12) months of the date
of the occurrence of such damage. In the event such work is started later than
twelve (12) months from the date of the occurrence, then the building or structure
may be reconstructed, provided that, to the extent reasonably feasible, such
reconstruction complies with the applicable standards of Article 3 and Article 4 of
this Code.
Section 38. That Section 3.8.30(F)(2) of the Land Use Code is hereby amended to read
as follows:
(F) Design Standards for Multi-Family Dwellings.
(2) Variation Among Buildings. For any development containing at least
three (3) and not more than five (5) buildings (excluding clubhouses/leasing
offices), there shall be at least two (2) distinctly different building designs. For
any such development containing more than five (5) buildings (excluding
clubhouses/leasing offices), there shall be at least three (3) distinctly different
building designs. For all developments, there shall be no similar buildings placed
next to each other along a street, street-like private drive or major walkway spine.
Building designs shall be considered similar unless they vary significantly in
18
footprint size and shape. Building designs shall be further distinguished by
including unique architectural elevations and unique entrance features within a
coordinated overall theme of roof forms, massing proportions and other
characteristics. Such variation 'among buildings shall not consist solely of
different combinations of the same building features.
Section 39. That Division 3.8 of the Land Use Code is hereby amended by the
addition of a new Section 3.8.32 which reads in its entirety as follows:
3.8.32 Solar Energy Systems
(A) Applicability. These standards shall apply to all solar energy systems.
(B) Purpose. The purposes of these solar energy system supplementary regulations
are to promote reduced dependence on non-renewable energy sources, to design solar
energy systems in a manner that minimizes impacts on adjacent properties, and to
promote systems that are visually compatible with the character of the areas in which
they are located and that are not detrimental to public health, safety, and welfare.
(C) General Design Standards:
(1) To the maximum extent feasible, ancillary solar equipment shall be
located inside the building or screened from public view.
(2) The applicant shall demonstrate that the height, location, setback, or base
elevation of a solar energy system minimizes potential glare and visual
impacts of the system on adjacent properties.
(3) Support structures for ground-mounted solar facilities shall, to the extent
reasonably feasible, use materials, colors, and textures that complement
the site context.
(4) All solar energy system appurtenances including, but not limited to,
plumbing, water tanks and support equipment, shall be of a color that is
complementary to the site location, and shall be screened to the extent
reasonably feasible without compromising the effectiveness of the solar
collectors. Solar panels/collectors are exempt from the screening
requirements of this Section and Section 3.5.1(1)(6).
(5) To the maximum extent feasible, solar energy systems shall complement
the visual characteristics of the site and the adjacent area.
(6) Building-mounted solar energy systems are exempt from the height
requirements of this Land Use Code, except that they must comply with
the height limitations of this Section 3.8.32 including the following:
19
Table xxx:
Height limitations on roof- and building-mounted solar energy
systems for principal and accessory buildings, as measured above the
roof line.
Non-residential and residential buildings (excluding single-family or duplex dwellings)
< 2:12 pitch 8 feet, as measured on a vertical axis to the
roof below to which it is installed (see Figure
x below)
2:12 to 6:12 pitch 4 feet, as measured on a vertical axis to the
roofline below to which it is installed.
> 6:12 pitch 2 feet, as measured on a vertical axis to the
roofline below to which it is installed.
Single-family and duplex dwellings (principal and accessory buildings)
No taller than one foot, as measured on a vertical axis to the roof below to which it is
installed unless roof pitch is 2:12 or less, in such case two feet is permitted. No portion of a
solar energy system shall project above the maximum projection line depicted within
Figures xxx and xxxx below.
All buildings
Building-mounted solar energy systems shall not extend horizontally beyond any roof
overhang
Building - mounted solar energy systems
Solar panels installed on the sides of buildings as awnings or attached to buildings as shade
elements are permitted so long as the provisions of this and other applicable requirements
are met.
Figure xxx:
Maximum height for roof-mounted systems
(Principal buildings [excluding single-family or duplex dwellings])
ex. ex. ex.
• 2,y
8 4
pitch > 612 pitch
20
Figure xxxx:
Maximum height for roof-mounted systems (single family and duplexes)
ex. y ex.
10
�&00
PQN !/10
2'� �o
of
• pitch
(D) Standards for Small, Medium and Large-scale Solar Energy Systems. Solar
energy systems shall conform to the applicable size-based regulations as set out in
this subsection (D):
(1) Small-Scale Solar Energy Systems.
(a) Maximum Lot Size. One-half(0.5) acre.
(b) Maximum Height. All ground-mounted small-scale solar energy
systems shall comply with the accessory building height limits
within the zone district, except for light poles with integrated solar
panels which are subject to the standards of Section 3.2.4.
(c) Setbacks. Ground-mounted, small-scale solar energy systems shall
be not located within the front, side or rear building setbacks, or
the front yard area. If necessary for the system's effectiveness,
ground-mounted solar energy collectors may be located within the
minimum setbacks for the zone district, provided that the solar
energy collector is located no less than fifteen (15) feet from
rights-of-way and five feet from all other property lines.
(d) Parking. No minimum parking requirements shall apply. Parking
spaces located beneath covered parking solar energy systems are
exempt from maximum parking limits.
(2) Medium-Scale Solar Energy Systems.
(a) Lot Size. Between one-half(0.5) acre to five (5) acres.
21
(b) Maximum Height. All ground-mounted medium-scale solar
energy systems shall comply with the accessory building height
limits within the zone district, except for light poles with
integrated solar panels which are subject to the standards of
Section 3.2.4.
(c) Setbacks. Ground-mounted, medium-scale solar energy systems
shall not be located within the front, side or rear building setbacks,
or the front yard area.
(d) Fencing/Access. Ground-mounted medium-scale solar energy
systems shall be enclosed with a perimeter fence with a minimum
height of five (5) feet and a maximum height of seven (7) feet.
Knox boxes and keys shall be provided at locked entrances for
emergency personnel access. Warning signage shall be placed at
the entrance and perimeter of the facility.
(e) Visual Appearance. Buildings and accessory structures shall, to the
extent reasonably feasible, use materials, colors, and textures that
blend the facility into the existing environment.
1. Landscaping. Landscaping and/or screening materials shall
be provided to assist in screening the facility from public
rights-of-way and neighboring residences.
2. Lighting. Lighting shall be limited to the minimum
necessary for security and shall incorporate shielded full
cut-off light fixtures.
3. Electrical Interconnections. All electrical interconnection
and distribution lines within the project boundary shall be
underground, except-for power lines that extend beyond the
project site or are within a substation.
(3) Large-Scale Solar Energy Systems
(a) Lot Size. Greater than five (5) acres.
(b) Maximum Height. All ground-mounted large-scale solar energy
systems shall comply with the accessory building height limits
within the zone district, except for light poles integrating solar
panels which are subject to the standards of Section 3.2.4.
(c) Setbacks. Large-scale solar energy systems shall be set back from
all property lines a minimum of thirty (30) feet, and shall be
22
located at least one hundred feet from all residentially zoned land.
Additional setbacks may be required to mitigate visual and
functional impacts.
(d) Fencing/Access. Ground-mounted large-scale solar energy systems
shall be enclosed with a perimeter fence with a minimum height of
.five (5) feet and a maximum height of seven (7) feet. Knox boxes
and keys shall be provided at locked entrances for emergency
personnel access. Warning signage shall be placed at the entrance
and perimeter of the facility.
(e) Visual Appearance. Buildings and accessory structures shall, to the
extent reasonably feasible, use materials, colors, and textures that
blend the facility into the existing environment.
1. Landscaping. Landscaping and/or screening materials shall
be provided to assist in screening the facility from public
rights-of-way and neighboring residences.
2. Lighting. Lighting shall be limited to the minimum extent
necessary for security and shall incorporate shielded full
cut-off light fixtures.
3. Electrical Interconnections. All electrical interconnection
and.distribution lines within the project boundary shall be
underground, except for power lines that extend beyond the
project site or are within a substation.
(E) Maintenance. Any solar energy system that has not been in working condition
for a period of one (1) year shall be subject to Section 115 (Unsafe Structures and
Equipment) of the International Building Code, which may require the panels and
associated equipment to be removed, or the unsafe condition otherwise mitigated
if it is determined to be unsafe. If so determined by the Building Official, the
panels and associated equipment shall be promptly removed from the property to
a place of safe and legal disposal, after which the site and/or building, as
applicable, must be returned to its preexisting condition.
(E) Use Restrictions in Established Residential Areas. Notwithstanding the use
review criteria contained in the various zone districts set out in Article 4 (Type
1/Type 2 review), if either a small-scale solar energy system or a medium-scale
solar energy system is located on an existing platted lot and within an established
residential neighborhood, then such system must be processed as a permitted use
subject to review by the Planning and Zoning Board.
(G) Allocation of Energy. Energy derived from solar collectors may be allocated to
the lot where the system is located or may be distributed to other locations.
23
Section 40. That Section 3.10.4(C) of the Land Use Code is hereby amended to read
as follows:
(C) Off-street Parking. Off-street parking shall be located behind, above, within or
below street-facing buildings to the maximum extent feasible. No parking will be
allowed between the street and the front or side of a building.
Section 41. That Section 3.10.4(D)(1) of the Land Use Code is hereby amended to
read as follows:
(D) Parking Structure Design. To the extent reasonably feasible, all parking structures
shall meet the following design criteria:
(1) Where parking structures face streets, retail or other non-residential uses shall
be required along at least fifty (50) percent of the ground level frontage to
minimize interruptions in pedestrian interest and activity. The decision
maker may grant an exception to this standard for all or part of the ground
level frontage on streets with low pedestrian interest or activity.
Section 42. That Section 3.10.5(F) of the Land Use Code is hereby amended to read as
follows:
(F) Building Height. All buildings shall have a minimum height of twenty (20) feet,
measured to the dominant roof line of a flat-roofed building, or the mean height
between the eave and ridge on a sloped-roof building. In the case of a complex
roof with different, co-dominant portions, the measurement shall apply to the
highest portion.
(2) Buildings shall have a base portion consisting of one (1)-or two (2) stories.
The base portion shall be clearly defined by a prominent, projecting cornice
or roof, fenestration, different material and different color from the remainder
of the building. If the base portion is two (2) stories, the ground floor shall
be further differentiated by fenestration and other detailing.
(3) Buildings greater than two (2) stories in height shall also be designed so that
upper portions of the building are stepped back from the base. The adequacy
of upper floor step-backs shall be determined by the extent to which they
advance the following objectives:
24
Section 43. That Section 4.1(B)(3)(c) of the Land Use Code is hereby amended by the
addition of a new paragraph 2 which reads in its entirety as follows:
2. Small-scale and medium-scale solar energy systems.
Section 44. That Section 4.2(B)(3)(d) of the Land Use Code is hereby amended by the
addition of a new paragraph 3 which reads in its entirety as follows:
3. Small-scale and medium-scale solar energy systems.
Section 45. That Section 4.3(B)(3) of the Land Use Code is hereby amended to read as
follows:
(3) The following uses are permitted in the R-F District, subject to review by
the Planning and Zoning Board:
(c) Industrial Uses:
I. Small-scale and medium-scale solar energy systems.
(d) Accessory/Miscellaneous Uses:
I. Wireless telecommunications equipment.
Section 46. That Section 4.4(B)(3) of the Land Use Code is hereby amended to read as
follows:
(3) The following uses are permitted in the R-L District, subject to review by the
Planning and Zoning Board:
(d) Industrial Uses:
1. Small-scale and medium-scale solar energy systems.
(e) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
Section 47. That Section 4.5(B)(3)(d) of the Land Use Code is hereby amended by the
addition of a new paragraph 3 which reads in its entirety as follows:
3. Small-scale and medium-scale solar energy systems.
25
Section 48. That Section 4.5(E)(2)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Building Massing. No building permitted by this Section shall have a
single undifferentiated mass with a footprint over ten thousand (10,000)
square feet. For any building with a footprint in excess of ten thousand
(10,000) square feet, walls that are greater than seventy-five (75) feet in
length shall incorporate recesses or projections created by wall plane
returns of at least thirty (30) feet; any such building shall be
differentiated into multiple sections of mass in order to achieve
proportions that are compatible in scale with adjacent residential
neighborhoods.
Section 49. That Section 4.6(B)(3) of the Land Use Code is hereby amended to read as
follows:
(3) The following uses are permitted in the M-M-N District, subject to Plan-
ning and Zoning Board review:
(d) Industrial Uses:
L Small-scale and medium-scale solar energy systems.
(e) Accessory/Miscellaneous Uses:
I. Wireless telecommunication equipment.
Section 50. That Division 4.6 of the Land Use Code is hereby amended by the
addition of a new Section 4.6(E) which reads in its entirety as follows:
(E) Buildings.
(1) Notwithstanding the M-M-N district maximum building height, the
portion of a building located within a radius of seventy-five (75) feet of
the apex at the corner of the two (2) property lines at the intersection of
two (2) arterial streets may contain an additional story if the resulting
building height conforms to the maximum allowable height in the district.
(2) Notwithstanding the M-M-N district maximum building height, the
portion of a building within a radius of fifty (50) feet of the apex at the
corner of the two (2) property lines at any street intersection (except an
arterial/arterial intersection) may contain an additional story if the
resulting building height conforms to the maximum allowable height in
the district.
26
Section 51. That Section 4.7(B)(3) of the Land Use Code is hereby amended to read as
follows:
(3) The following uses are permitted within the N-C-L District, subject to
review by the Planning and Zoning Board:
(c) Industrial Uses: .
I. Small-scale and medium-scale solar energy systems.
(d) Accessory/Miscellaneous Uses:
I. Wireless telecommunications equipment.
Section 52. That.Section 4.7(F)(7) of the Land Use Code is hereby amended to read as
follows:
(7) Subdividing of Existing Lots. No existing lot may be further subdivided in
such manner as to create a new lot in the rear portion of the existing lot. This
regulation shall not apply to corner lots.
Section 53. That Section 4.8(B)(3) of the Land Use Code is hereby amended to read as
follows:,
(3) The following uses are permitted in the N-C-M District, subject to
Planning and Zoning Board review:
(d) Industrial Uses:
1. Small-scale and medium-scale solar energy systems.
(e) Accessory/Miscellaneous Uses:
I. Wireless telecommunication equipment.
Section 54. That Section 4.8(F)(7) of the Land Use code is hereby amended to read as
follows:
(7) Subdividing of Existing Lots. No existing lot may be further subdivided in
such manner as to create a new lot in the rear portion of the existing lot. This
regulation shall not apply to corner lots.
Section 55. That Section 4.9(B)(3) of the Land Use Code is hereby amended to read as
follows:
27
(3) The following uses are permitted, subject to Planning and Zoning Board
review:
(a), Residential Uses:
I. Fraternity and sorority houses, provided that such fraternity
or sorority house is located within a street-fronting
principal building.
2. Single-family attached dwellings.
3. Multi-family dwellings containing more than four (4)
dwelling units per building at a density of more than
twenty-four (24) dwelling units per net acre, provided that
such multi-family dwelling is located within a street-
fronting principal building.
4. Mixed-use dwellings which are combined with any other
use subject to Planning and Zoning Board review.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for preschool, elementary,
intermediate, high school, college, university and
vocational and technical education.
(c) Commercial/Retail Uses:
I. Medical and dental clinics, professional offices and
personal and business service shops which propose
structural additions or exterior alterations to the existing
building, or the uses are to be constructed on a lot or parcel
which contained a structure at the time of adoption on
October 25, 1991, provided that such use is located within a
street-fronting principal building.
2. Funeral homes, provided that such funeral home is located
within a street-fronting principal building.
(d) Industrial Uses:
1. Small-scale and medium-scale solar energy systems.
(e) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
29
Section 56. That Section '4.9(D)(6)(b) of the Land Use Code is hereby amended to
read as follows:
(6) Dimensional Standards.
(b) Minimum front yard setback shall be fifteen (15) feet. Setbacks from
garage doors to the backs of public walks shall not be less than twenty
(20) feet, except that the minimum front and side yard setbacks for
lands located within the West Central Neighborhood Plan Subarea and
south of University Avenue and abutting Shields Street, shall be.sixty
(60) feet, and the minimum setback from garage doors to the backs of
public walks shall be sixty-five (65) feet.
Section 57. That Section 4.9(E)(7) of the Land Use Code is hereby amended to read as
follows:
(7) Subdividing of Existing Lots. No existing lot may be further subdivided in
such manner as to create a new lot in the rear portion of the existing lot. This
regulation shall not apply,to corner lots.
Section 58. That Section 4.10(B)(3) of the Land Use Code is hereby amended to read
as follows:
(3) The following uses are permitted in the H-M-N District, subject to Plan-
hing and Zoning Board review:
(d) Industrial Uses:
1. Small-scale and medium-scale solar energy systems.
(e) Accessory/Miscellaneous Uses:
1. Wireless telecommunications equipment.
Section 59. That Section 4.13 (B)(3) of the Land Use Code is hereby amended by the
addition of a new subparagraph (b) which reads in its entirety as follows:
(b) Industrial Uses.
1. Small-scale and medium-scale solar energy systems.
Section 60. That Section 4.14(B)(3)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 2 which reads in its entirety as follows:
29
2. Small-scale and medium-scale solar energy systems.
Section 61. That the table contained in Section 4.16(B)(2) of the Land Use Code is
hereby amended to read as follows:
(2) The following uses are permitted in the subdistricts of the Downtown
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:
lend Use Old City Center Canyon Avenue Civic Center
A. RESIDENTIAL,
Single-family detached dwellings which were subsequently BDR 13DR BDR
converted to a different use and are proposed to be returned to
their original use.
Section 62. That the table contained in Section 4.16(B)(2)(C) of the Land Use Code is
hereby amended to read as follows:
Land Use Olt/City Center Canyon Avenue Civic Center
C. COMMERCIAL.
Music studios Type I Type I Type I
Section 63. That the table contained in Section 4.16(B)(2)(D) of the Land Use Code is
hereby amended to read as follows:
tend Use Old City Center Canyon Avenue Civic Center
D. INDUSTRIAL
Workshops and small custom industry Not Permitted Type 1 Type 1
Research laboratories Not Permitted Type I Type I
Small-scale and medium-scale solar energy systems Type 1 Type 1 Type I
Section 64. That Section 4.16 of the Land Use Code is hereby amended by the
addition of a new Section (G) which reads in its entirety as follows:
(G) Old Town Fort Collins Historic District. Buildings located within the locally
designated Old Town Fort Collins Historic District shall also comply with the Old
-Town Historic Landmark District Design Standards, Chapter 14 of the City Code,
and the U.S. Secretary of Interior Standards for Treatment of Historic Buildings.
See map.
30
Figure XX
Old Town Fort Collins Historic District
Old Town Fort Collins Historic District ;
Maple St f /
1 — 'Y
\ S��
z
j Q`Ce 14
Laporte Ave
/ Pei
W Mountain Ave E Mountain Ave
y I p
a � in rn `•'ram 9i-o
N C
N OI
C u
O
a
Section 65. That Section 4.17(B)(2) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the R-D-R District, subject to
administrative review:
(c) Commercial/Retail Uses:
31
14. Music studios.
(d) Industrial Uses:
1. Small-scale and medium-scale solar energy standards.
(e) Accessory/Miscellaneous Uses:'
1. Wireless telecommunication equipment.
2. Satellite dish antennas greater than thirty-nine (39) inches
in diameter.
Section 66. That Section 4.17(B)(3)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 8 which reads in its entirety as follows:
8. Parking lots and parking structures (as a principal use).
Section 67. That Section 4.17(D) of the Land Use Code is hereby amended to read as
follows:
(D) Development Standards.
(1) Transition between the River and Development.
(a) River landscape buffer. In substitution for the provisions
contained in subsection 3.4.1(E) (Establishment of Buffer Zones)
requiring the establishment of "natural area buffer zones," the
applicant shall establish, preserve or improve a continuous
landscape buffer along the River as an integral part of a transition
between development and the River. To the maximum extent
feasible, the landscape buffer shall consist predominantly of native
tree and shrub cover. (See Figure 20.) The landscape buffer shall
be designed to prevent bank erosion and to stabilize the River bank
in a manner adequate to withstand the hydraulic force of a 100-
year flood event. The bank stabilization shall comply with the
following criteria:
Figure 20
Landscape Buffer
32
River Ne\\'
Landscape Buildings
Bul'frr Stepped '�'l},',i i:'�i�( �•. tl I1I
Back p !,`!7� ,•l�A1`\v,` i I �,
V In
L% ,
I 1 �
nuhlour
w:dlolm's Spaces
1{{ •Po¢hes.Pmios,
`Sill biI i zed ft;dcunic4 Councaid
Cache La River Bank S,dc)',,ds
Puudre
Rim-
1. Any bank stabilization improvements shall consist of native
plants and stone to the extent reasonably feasible. If any
structural materials such as concrete are required, such
materials shall be designed to emphasize characteristics of
the native landscape such as color, texture, patterns and
proportions, in order to minimize contrast with the River
landscape.
2. The predominant visual elements in any bank stabilization
improvements shall be native vegetation and stone,
notwithstanding the use of any integrated structural
elements. Blank walls shall not be used to retain the slope
of the Riverbank.
(b) Outdoor spaces. On sites that have River frontage between
Linden Street and Lincoln Avenue, buildings or clusters of
buildings shall be located and designed to form outdoor spaces
(such as balconies, arcades, terraces, decks or courtyards) on the
River side of the buildings and/or between buildings, as integral
parts of a transition between development and the River. A
continuous connecting walkway (or walkway system) linking such
spaces shall be developed, including coordinated linkages between
separate development projects.
(2) Streets and Walkways.
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(a) Streets. Redevelopment shall maintain the existing block grid
system of streets and alleys. To the extent reasonably feasible, the
system shall be augmented with additional connections, such as
new streets, alleys, walkway spines, mid-block passages,
courtyards, and plazas in order to promote a fine-grained
pedestrian circulation network that supplements public sidewalks.
(b) Driveways. To the extent reasonably feasible, driveways and curb
cuts must be minimized in order to avoid disruption to the
sidewalk network, by using shared driveways between properties.
The width of driveways and turning radii must be minimized
except where truck access is required.
(c) Linden Streetscape. Redevelopment activity along the Linden
Street frontage shall be designed to provide for the extension of the
streetscape improvements found between Walnut Street and
Jefferson Street, including on-street parking defined by landscaped
curb extensions, wide sidewalks, with trees in cutouts and tree
grates, and pedestrian light fixtures. Specific design details are
subject to approval by the City Engineer in accordance with the
design criteria for streets.
(d) Jefferson Streetscape. Redevelopment activity along the
Jefferson Street frontage shall provide formal streetscape
improvements including street trees in sidewalk cutouts with tree
grates and planters to screen parking. Planters to screen parking
shall be designed and constructed to appear as integral extensions
of the building design. Materials used shall not be inferior to those
used in the construction of the principal building.
(e) Interim Improvements. If, at the time of review of a
development application, design and engineering criteria for
permanent street edge improvements have not been established,
then the applicant may construct interim street edge improvements
if such improvements are approved by the City Engineer based
upon the following criteria:
1. To the maximum extent feasible, the interim improvements
will not conflict with any permanent improvements
reasonably anticipated to be installed in the future, and
2.- The construction of the interim improvements would not be
detrimental to the public good.
(3) Buildings.
(a) Industrial Buildings. Except as otherwise provided in this
subsection (3), all new nonresidential buildings, including
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industrial buildings, shall comply with the standards for Mixed-use
and Commercial Buildings contained in Section 3.5.3.
(b ) Programming, Massing and Placement.
1. Height/Mass. Multiple story buildings of up to five (5)
stories are permitted provided that massing is terraced back
from the River and from streets so that multiple story
buildings shall are stepped down to one (1) story abutting
the River landscape frontage and are stepped down to three
(3) stories or less abutting any street frontage. Such
terraced massing shall be a significant and integral aspect
of the building design. Where new buildings are placed
next to existing shorter buildings that are expected to
remain, the new buildings must be stepped down in such a
manner as to minimize their impact on the shorter
buildings.
2. Parking lots. Buildings shall be sited so that any new
parking lots and vehicle use areas are located in either: (1)
interior block locations between buildings that face the
street and buildings that face the River, or (2) side yards.
3. Street frontage. Proposed parking lots and/or vehicular use
areas located within fifty (50) feet of any street right-of-
way shall not exceed fifty (50) percent of the street frontage
of the parcel upon which the parking lot or vehicular use
area is proposed.
4. Frequent view/access. No building wall abutting the
landscape corridor along the River shall exceed 'one
hundred twenty-five (125) feet on the axis along the River.
5. Outdoor spaces and amenities. To the extent reasonably
feasible, all development shall provide on-site outdoor
space such as courtyard, plaza, patio or other pedestrian-
oriented outdoor space. To the extent reasonably feasible,
outdoor spaces shall be visible from the street and shall be
visually or physically connected with any outdoor spaces
'on adjacent properties.
(c) Character and Image. New buildings shall be designed to
demonstrate compatibility with the historical agricultural/industrial
characteristics of the District in order to promote visual
cohesiveness and emphasize positive historical attributes. Such
characteristics include simple rectilinear building shapes, simple
rooflines, juxtaposed building masses that directly express interior
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volumes/functions, visible structural components and joinery,
details formed by brickwork, sandstone sills, lintels, headers and
foundations, and details formed by joinery of structural materials.
1. Outdoor spaces. Buildings and extensions of buildings
shall be designed to form architectural outdoor spaces such
as balconies, arcades, terraces, decks or courtyards.
2. Windows. Windows shall be individually defined with
detail elements such as frames, sills and lintels, and placed
so as to visually establish and define the building stories
and establish human scale and proportion. Windows shall
be placed in a symmetrical pattern relative to the wall and
massing. Glass curtain walls and spandrel-glass strip
windows shall not be used as the predominant style of
fenestration for buildings in this District. This requirement
shall not serve to restrict the use of atrium, lobby or
greenhouse-type accent features used as embellishments to
the principal building.
3. Roof forms. Flat, shed, and gable roof forms
corresponding to massing and interior volumes/functions
shall be the dominant roof forms. Flat-roofed masonry
buildings shall feature three-dimensional cornice treatment
integral with masonry on all walls facing streets, the river
or connecting walkways. Additional decorative shaped
cornices in wood (or other material indistinguishable from
wood) shall be permitted in addition to the top masonry
cornice treatment. Sloped metal roofs are allowed. Barrel
roofs may be used as an accent feature but must be
subordinate to the dominant roof. Specialized or unusual
roof forms, including mansards and A-frames, are
prohibited. A single continuous horizontal roofline shall
not be used on one-story buildings except as part of a
design style that emulates nearby landmarks (or structures
eligible for landmark designation).
4. Materials. Building materials shall contribute to visual
continuity within the District. Textured materials with
native and historic characteristics such as brick, stone,
wood, architectural cast stone and synthetic stone in
historically compatible sandstone patterns only,
architectural metals, and materials with similar char-
acteristics and proportions shall be used in a repeating
pattern as integral parts of the exterior building fabric.
Masonry units must wrap around the corners of walls so as
to not appear as an applied surface treatment. Other
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exterior materials, if any, shall be used as integral parts of
the overall building fabric, in repeating modules, propor-
tioned both horizontally and vertically to relate to human
scale, and with enough depth at joints between architectural
elements to cast shadows, in order to better ensure that the
character and image of new buildings are visually related to
the Downtown and River context. Lapped aluminum
siding, vinyl siding, smooth-face concrete masonry units,
synthetic stucco coatings, and imitation brick are
prohibited.
5. Primary entrance. The primary entrance must be clearly
identified and must be oriented to a major street, pedestrian
way, place, courtyard, and/or other key public space. The
primary entrance must feature a sheltering element such as
a canopy or be defined by a recess or a'simple surround.
6. Accent features. Accent features, where used, must
complement and not dominate the overall composition and
design of the building and may include secondary
entrances, loading docks, garage bays, balconies, canopies,
cupolas, vertical elevator/stair shafts and other similar
features.
7. Awnings and canopies. Awnings and canopies must
complement the character of the building and must be
subordinate to the fagade. Colors must be solid or two (2)
color stripes for simplicity.
(4) Site Design.
(a) River Landscape. The natural qualities of the River landscape
shall be maintained and enhanced, using plants and landscape
materials native to the River corridor in the design of site and
landscape improvements.
(b) Walls, Fences and Planters. Walls, fences and planters shall be
designed to match or be consistent.with the quality of materials,
the style and colors of nearby buildings. Brick, stone or other
masonry may be required for walls or fence columns.
(c) Street Edge. A well-defined street edge must be established and
shall be compatible with the streetscape in the public realm.
Components may include any of the following: planted areas,
decorative paving, public art, street furnishing with ornamental
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lighting and iron and metal work that reflect on the
agricultural/industrial heritage of the district.
(d) Corner Lots. For sites located at public street corners, parking
dots and vehicular use areas shall not abut more than one street
frontage.
(e) Parking. Where parking lots are highly visible from streets or
pedestrian-oriented outdoor spaces, a visual buffer must be
provided. Such buffering may consist of any of the following
singularly or in combination: a low solid screen wall, a semi-
opaque screen or a living green wall consisting of plant material
sufficient to provide a minimum of 75% opacity year-round or
other screening device that is sensitive to pedestrian activity.
(f) Interim Parking. Interim parking lots as a principal use may be
approved with a gravel surface and without lighting and landscape
improvements, and shall be restricted to a period of use not to
exceed three (3) years. Extensions for two (2) successive periods
of one (1) year each may be granted by the Planning and Zoning
Board upon a finding that the use is compatible with the context of
the area and is a beneficial use which supports the purpose of the
R-D-R zone.
(g) Service Areas and Outside Storage Areas. Service areas and
outside storage areas that are not used for trash and recycling
containers, dumpsters and mechanical equipment, must, to the
maximum extent feasible, be located to the side or rear of the
building and be screened from public view. Notwithstanding the
foregoing, where industrial processes and outdoor mechanical
activities are functionally integral to the principal use, such areas
must, to the extent reasonably feasible, be located to the side or
rear of the building and not impact pedestrian areas. Partial
screening must be provided with design and materials consistent
with the building and/or the agricultural/industrial character of the
area.
Section 68. That Section 4.17 of the Land Use Code is hereby amended by the
addition of a new Section (E) which reads in its entirety as follows:
(E) Design Guidelines. See also the Fort Collins R-D-R, River Downtown
Redevelopment Zone District Design Guidelines, which are intended to assist
applicants in the preparation of development plans within the zone district.
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Section 69. That Section 4.18(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 27 which reads in its entirety as follows:
27. Music studios.
Section 70. That Section 4.18(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 3 which reads in its entirety as follows:
3. Small-scale and medium-scale solar energy systems.
Section 71. That Section 4.19(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 26 which reads in its entirety as follows:
26. Music studios.
Section 72. That Section 4.19(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 4 which reads in its entirety as follows:
4. Small-scale and medium scale solar energy systems.
Section 73. That Section 4.20(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 19 which reads in its entirety as follows:
19. Music studios.
Section 74. That Section 4.20(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 2 which reads in its entirety as follows:
2. Small-scale and medium-scale solar energy systems.
Section 75. That the table contained in Section 4.21(B)(2)(C) of the Land Use Code is
hereby amended to read as follows:
Genera!Commercial Uislric(
Land Use /-25/SH 392(CAC) (C-G)
C. COMM ERCIA WRETAII,(Cont'd)
Music studios Not permitted Type I
Section 76. That the table contained in Section 4.21(B)(2)(D) of the Land Use Code is
hereby amended to read as follows:
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General Commercial District
Land Use /-151S//392(CAC) (C-G)
D. INDUSTRIAL USES
Small-scale and medium-scale solar energy systems Type I Type I
Section 77. That Section 4.22(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 43 which reads in its entirety as follows:
43. Music studios.
Section 78. That Section 4.22(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 6 which reads in its entirety as follows:
6. Small-scale and medium-scale solar energy systems.
Section 79. That Section 4.23(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 2 which reads in its entirety as follows:
2. Small-scale and medium-scale solar energy systems.
Section 80. That the table contained in Section 4.24(B)(2)(D) of the Land Use Code is
hereby amended to read as follows:
Laud Use Riverside Area A1101her Areas
D. INDUSTRIAL
Small-scale and medium-scale solar energy systems Type 1 Type I
Section 81. That Section 4.26(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 4 which reads in its entirety as follows:
4. Small-scale and medium-scale solar energy systems.
Section 82. That Section 4.26(B)(3)(c) of the Land Use Code is hereby amended by
the addition of two new subparagraphs 13 and 14 which read in their entirety as follows:
13. Limited indoor recreation establishments.
14. Unlimited indoor recreation use and facility.
Section 83. That Section 4.26(D)(2) of the Land Use Code is hereby amended by the
addition of two new subparagraphs (p) and (q) which read in their entirety as follows:
(p) Limited indoor recreation establishments.
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(q) Unlimited indoor recreation use and facility.
Section 84. That Section 4.27(B)(1) of the Land Use Code.is hereby amended by the
addition of a new subsection (f) which reads in its entirety as follows:
(f) Industrial Uses:
1. Small-scale and medium-scale solar energy
systems.
Section 85. That Section 4.27(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 14 which reads in its entirety as follows:
14. Music studios.
Section 86. That Section 4.27(B)(2)(d) of the Land Use Code is hereby amended by
the addition of a new paragraph 7 which reads in its entirety as follows:
7. Large-scale solar energy systems.
Section 87. That Section 4.27(D)(2) of the Land Use Code is hereby amended by the
addition of a new subparagraph (y) which reads in its entirety as follows:
(y) Music studios.
Section 88. That Section 4.28(B)(1)(f) of the Land Code is hereby amended by the
addition of a new paragraph 3 which reads in its entirety as follows:
3. Small-scale and medium-scale solar energy systems.
Section 89. That Section 4.28(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new paragraph 24 which reads in its entirety as follows:
24. Music studios.
Section 90. That Section 4.28(B)(2)(d) of the Land Code is hereby amended by the
addition of a new paragraph I I which reads in its entirety as follows:
11. Large-scale solar energy systems.
Section 91. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Drop-in child care center" which reads in its entirety as follows:
Drop-in child care center shall mean a center that provides occasional care for forty (40)
or fewer children between the ages of twelve (12) months and thirteen (13) years for
periods of time not to exceed six (6) hours in any twenty-four (24) hour period or fifteen
(15) hours in any seven (7) day period.
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Section 92. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Music studio" which reads in its entirety as follows:
Music studio shall mean a fully enclosed soundproof studio for the recording, producing,
writing or rehearsing of music.
Section 93. That the definition "Parking structure" contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Parking structure shall mean any building containing motor vehicle parking that is a
principal use with or without any additional uses.
Section 94. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Building-mounted solar energy system" which reads in its entirety
as follows:
Building-mounted solar energy system shall mean a solar energy system mounted on a
building.
Section 95. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Ground-mounted solar energy system" which reads in its entirety as
follows:
Ground-mounted solar energy system shall mean a solar energy system with a supporting
framework that is placed on, or anchored in, the ground and that is structurally
independent from any building. Carports, garages, breezeways, covered walkways or
similar non-climatized accessory structures that incorporate building-mounted solar
energy systems shall not be classified as ground-mounted solar energy systems and shall
instead be subject to height and setback regulations governing accessory structures.
Section 96. That the definition of "Solar energy system" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Solar energy system shall mean a system of solar collectors and other equipment that
relies upon sunshine as an energy source and is capable of collecting, distributing and
storing (if appropriate to the technology) the sun's radiant energy. A solar energy system
includes, but is not limited to, ground-mounted and building-mounted photovoltaic, solar
thermal or solar hot water panels, and light pole and electric charging station-mounted
solar panels. Solar energy systems may be considered accessory uses to other uses on a
lot, or principal uses, if located on vacant lots.
Section 97. That Section 5.1.2 'of the Land Use Code is hereby amended by the
addition of a new definition "Solar energy system, large-scale" which reads in its entirety as
follows:
Solar energy system, large-scale shall mean a solar energy system covering more than
five (5) acres.
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Section 98. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Solar energy system, medium-scale" which reads in its entirety as
follows:
Solar energy system, medium-scale shall mean a solar energy system covering between
one half(0.5) acre and five (5) acres.
Section 99. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Solar energy system, small-scale" which reads in its entirety as
follows:
Solar energy system, small-scale shall mean a solar energy system covering less than
one-half(0.5) acre.
Section 100. That the "Transitional Land Use Regulations" dated .August 1997 are
hereby repealed and removed from this Land Use Code.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
June, A.D. 2014, and to be presented for final passage on the 1 st day of July, A.D. 2014.
F FORT CAL
O:• Ma or
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of July, A.D. 2014.
v
M yor
ATTEST: OF pORr�,O
City Clerk C• '•O
OCORAO
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