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HomeMy WebLinkAboutCOLLINSHAUS PUD RESPONSE TO APPEAL 5.1.90 CITY COUNCIL HEARING - 6 90 - REPORTS - APPEAL TO CITY COUNCILi Services Department MEMORANDUM DT: April 26, 1990 to: Members of City Council TH: James M. Davis, DirectX of Development Services Tom Peterson, Direft,lanning FM: Sherry Albertson -Clark, Chief Planner RE: Staff Response to Appeal of Collinshaus PUD, Preliminary and Final Plan The following is a response to the issues specified in the Notice of Appeal filed on April 6, 1990 by the appellant's attorney, George Hass. Please note the items that are direct citations from the Notice of Appeal. The staff response to each item is underlined. Also attached are relevant portions of Sections 29-541 through 29-543 and Section 29-526 (the Land Development Guidance System); Section 29-475 (Group Home Regulations and Special Review); Section 13-16 through 13-25 (Discrimination); and Section 297162 (Uses permitted) of the City Code; for your reference. 1. The Planning and Zoning Board committed the following errors by denying this application: a. "Abuse of discretion. The Collinshaus Group Home was approved in 1983 for 12 full-time occupants; 10 "residents" and 2 "live-in" managers. The Planning and Zoning Board made an irrational and unreasonable distinction between "residents" and "live-in" managers: The total occupancy of the home remains the same. The Planning staff recommended approval. No land use impacts were identified by changing two permanent occupants to "residents" from "live-in" managers. No evidence will be found in the record identifying adverse impacts under the Fort Collins Zoning Code, the Fort Collins Planned Unit Development ordinances, and under the land development guidance system. The denial is based only upon the unreasonable belief of some members of the Planning and Zoning Board that "elderly residents" create neighborhood or land use impacts or problems different than "live-in" managers." 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 -11- ZONING, ANNEXATION AND DEVELOPMENT OF LAND 29-511. 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. There shall be an indoor floor space reserved for school purposes of forty (40) square feet per child. Such indoor floor space must be approved by the Building Permits and Inspections Administrator. (Code 1972, $ 118-82(D)) Sec. 29.474 Small animal veterinary clinic and hospital regulations. (a) All facilities of a small animal veterinary clinic or a small animal veterinary hospital, in- cluding all treatment rooms, cages, pens, kennels and exercise runs, shall be maintained within a completely enclosed, soundproof building. (b) All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall eliminate any emission of odor offensive to persons in the area of such clinics or hospitals.. (c) All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall reduce the sound coming from any such clinic or hospital to the level of sixty-five (65) decibels at. any given adjacent property line. (d) No such veterinary clinic or hospital shall board any animal for any length of time except where such boarding is necessary to provide sur- gical or other medical care to the animals. (Code 1972, 3 118-82(E)) Sec. 29-475. Group home regulations; special review. (a) Group homes shall conform to the lot area and separation requirements as specified in the following table: Supp. No. 3 129475 Maximum. Minimum number of Additional separation residents, lot area Maximum regrirement excluding for each permissible between supervisors, additional residents, any other for minimum resident ezcluding group home Zone lot size (square feet) supervisors (feet) R-E, RF 3 2,000 8 1,500 R-1: 3 .,506 _1,500 R-M 6 750 _8 15 1,000 R-H 6 500 20 700 B-G 6 500 20 700 (b) With respect to group homes which require special review, the following regulations shall apply: (1) Before any group home shall be approved in the R-E, R-F, or R-L zone (or any other zone with permitted uses referenced to the R-E, R-F, or R-L zone), the Planning and Zoning Board shall first conduct a special review hearing for the purpose of approv- ing, denying, or approving with conditions the application for a group home use in such zone. If approved, the Board shall, with such approval, establish the type of group home permitted and the maximum num- ber.of residents allowed.in such group home. Said hearing shall be open to the public, and the decision of the Planning and Zon- ing Board may be appealed to the City Coun- cil pursuant to the provisions of $ 2-46 et seq. (2) The issues for consideration by the Plan- ning and Zoning Board at the special re- view hearing shall include an analysis of the following: a. Building height b. Bgiiding setbacks; C. Building coverage of the lot; d. External signage; e: Traffic and parking; f. Compatibility of architectural design with the character of the surrounding neighborhood; g. Whether the types of treatment activi- ties or the rendering of services pro- posed to be conducted upon the prem- ises is in a manner substantially incon- sistent with the activities otherwise permitted in the zoning district; and 2015 0 § 29475 FORT COLLINS CODE h. Such other requirements for group homes as are established in this Chapter. (c) A group home may be located without con- sideration to the minntium separation requirements as established in (a) of this Section if the group home is separated from other group homes within the area of the aforesaid minimum separation requirement by a substantial natural or man-made physical barrier, including, but not limited to, an arterial street, a state or federal highway, rail- road tracks, river, or commercial/business district. Such reduction in the separation requirement shall be allowed only after the Planning and Zoning Board has conducted a special review hearing to determine that the barrier and resulting separa- tion distance are adequate to protect the city from the detrimental impact of an excessive concentra- tion of group homes in any one vicinity. (d) No permanent certificate of occupancy will be issued by the city for a group home until the person applying for the group home has submit- ted a valid license, or other appropriate authori- zation, or copy thereof, from a governmental agency having jurisdiction. (e) If active and continuous operations are not carried on in a group home which was approved pursuant to the special review provisions contained in this Section for a period of twelve (12) consecu- tive months, the group home use shall be consid- ered to have been abandoned. The group home use can be reinstated only after obtaining approval from the Planning and Zoning Board as outlined in the special review provisions of this Section. (f) A notice of anv group home permit granted by the city, and any conditions imposed upon such group home, -shall be duly recorded by the city with the county Clerk and Recorder, showing the description of the property upon which such group home is permitted. (Code 1912, §118-82(F); Ord. No. 183, 1987, § 4, 12-1-87) Sec. 29476. Supplementary building height regulations. (a) No building or structure shall exceed a max- imum height of forty (40) feet above grade. This limitation may be varied according to review cri- teria for buildings or structures located in a Planned Supp. No. 3 Unit Development plan as defined, processed and approved according to § 29-52.6. (b) All dwellings shall be constructed with at least seventy-five. (75) percent of the roof surface higher than seven (7) feet from grade. (c) It shall be unlawful to construct, build or establish any building, trees, smokestack, chim- ney, flagpole, wire, tower or other structure or appurtenance thereto which may constitute a haz- ard or obstruction to the safe navigation, landing and takeoff of aircraft at a publicly used airport. (d) No detached accessory building may exceed seven (7) feet in height unless such building comw plies with all of the yard setbacks for the district in which such building is located. (Code 1972, § 118-82(C)) Secs. 29477-29-490. Reserved. Subdivision D. Of -Street Parking and Vehicular Uses* Sec. 29-491. Definitions. The following,words, terms and phrases, when used in this Subdivision, shall have the meanings ascribed to them in this Section: Landscaping shall refer to any combination of living plants such as trees, shrubs, plants, vege- tative ground cover and turf grasses, and may include natural nonliving elements such as rock, stone and bark, as well as structural features, including but not limited to walks, fences, bench- es, works of art, reflective pools and fountains. Off-street parking area or vehicular use area shall refer to all off-street areas and spaces de- signed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or accessways in and to such areas, but not including public streets and rights -of -way. (Code 1972, § 118-81(1))) Crow reference —Definitions and rules of construction gen- erally, § 1.2. •Cross references —Parking Commission, § 2.321 et seq.; vehicles and traffic, Ch, 28. 2016 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Sec. 29492. General requirements. Any off-street parking or vehicular use area shall meet the requirements as set forth in the following subsections: (1) Access. Unobstructed vehicular access to and from a public street shall be provided for all off-street parking spaces. Vehicular access shall be provided in such manner as to protect the safety of persons using such access or traveling in the public street from which such access is obtained and in such manner as to protect the traffic -carrying capacity of the public street from which such access is obtained. (2) Circulation. Adequate provision shall be made for the safe and efficient movement of vehicles and pedestrians in any vehicu- lar use area. Parking spaces, access drives, traffic -control devices, sidewalks, curb cuts and all other elements of parking lot layout shall be properly designed in conformance with city specifications. (3) Location. A. Required off-street parking spaces shall be located on the same lot or premises as the building or use for which they are required unless such spaces are pro- vided collectively by two (2) or more buildings or uses on adjacent lots in a single parking area located within the boundaries of those adjacent lots and unless the total number of parking spaces supplied collectively is equal to the w1mber of spaces required by this Subdivision for each use considered sepa- rately, or unless an alternative loca- tion is approved by the city. b. Only off-street parking areas provided to serve uses permitted in a residen- tial zoning district will be allowed in that residential district. C. In the R-H High Density Residential District, permanent open off-street park- ing areas shall not be located any closer to a public street right-ofway than the distance by which the principal build- ing is set back from the street right-of- way. This provision shall not be con- Supp. No.. 5 § 29.492 strued to preclude temporary parking in driveways. (4) Surface All open off-street parking and ve- hicular use areas shall be surfaced with Asphalt, concrete or other material in con- formance with city specifications. (5) Lighting. Lighting provided for any off-street parking area adjacent to a residential use or residentially zoned lot shall shield the source of light from sight and prevent the spillover of direct light onto the residential use. (6) Maintenance. The property owner shall be responsible for maintaining any vehicular use area in good condition and free of refuse and debris and all landscaping in a healthy and growing condition, replacing it when necessary as determined by the City Forester. (7) Landscaping. No certificate of occupancy for property with an off-street parking area required to provide landscaping in confor. mance with these regulations shall be is- sued unless all landscaping on the prop- erty has been installed in accordance with an approved landscape plan for such prop erty. In the event that such landscape in- stallation has not been completed, an oc- cupancy permit may be issued upon the receipt by the city of a cash deposit, bond, letter of credit or other satisfactory finan- cial guarantee in the amount of one hun- dred twenty-five (125) percent of the esti- mated cost of the landscaping improvements determined by an executed contract to in- stall such landscaping or by adequate ap- praisals of such cost. Such bond, cash de- posit, or equivalent, shall further guarantee the continued maintenance and replacement of the landscaping for a period of two (2) years after installation, but the amount of the same shall be reduced after installa- tion is completed to twenty-five (25) per- cent of the actual cost of such landscaping. Any bond, cash deposit or equivalent de- posited, pursuant to this requirement shall be released upon certification by the Build- ing Permits and Inspections Administrator that the required landscaping program has 2017 0 § 29492 FORT COLLINS CODE been completed and maintained in accord- ance with the requirements of the bond. (Code 1972, § 118-81(DX1)) d. Sec. 29-493. Parking lot requirements. All open off-street parking lot or vehicular use areas containing six (6) or more parking spaces or one thousand eight hundred (1,800) square feet e. shall meet the following requirements: (1) Setbacks. Any such vehicular use area shall be set back from the back of any curb or f sidewalk improvement and side and rear yard lot lines, except a lot line between buildings or uses with collective parking consistent with the provisions of this Sub- division, according to the following table: :Tong an arterial street Minimum average width of entire landscaped setback area (feet) 15 Minimum width of setback at any point (feet) 5 Along a nonarterial 10 5 street Along a lot line 5 5 (2) Screening and landscaping. a. Any such vehicular use area shall be screened from any directly contiguous lot with a residential use or zoned for residential use by a solid wooden fence or solid wall six (6) feet in height. A landscaped visual barrier six (6) feet.in height may be used to provide the nec- essary screening in lieu of a solid wooden fence or solid wall if it is of sufficient opacity to block at least seventy-five (75) percent of the light from motor vehicle headlights. b. Any such vehicular use area shall be screened from the street by a landscape treatment of sufficient height and opac- ity to block at least twenty (20) percent of the cross-section view of the parking area from the street. c. Plant material used for required screen- ing shall achieve required opacity in Stipp. No. 5 2018 its winter seasonal condition within two (2) years of construction of the vehicu- lar use area to be screened. Required screening and landscaping may be interrupted where necessary for ac- cess to vehicular use areas consistent with the general requirements of this Section. Any such screening and landscaping shall be subject to the provisions of this Article regulating fences, hedges and walls. Any vehicular use area with more than fifteen (15) parking spaces or four thou- sand five hundred (4,500) square feet shall provide landscaped islands and trees which conform to city specifica- tions and which are dispersed through- out the vehicular use area in such a way as to provide visual relief with vertical landscaped elements and phys- ical relief with seasonal shading. Not less than six (6) percent of the interior of any such vehicular use area shall be landscaped with such islands. (3) Bicycle and motorcycle parking. Any use which provides any such parking area shall also provide facilities for motorcycle and bicycle parking which conform to city specifications. (4) Parking for the disabled Any use provid- ing fifteen (15) or more parking spaces shall provide parking space (which conforms to city specifications) for use by physically dis- abled persons. (Code 1972, § 118-81(DX2); Ord. No. 3, 1988, § 12, 1.19-88) Sec. 29.494. Required spaces. Off-street parking spaces shall be provided for the uses and in the amounts set forth as follows:. (1) For each single-family and two-family dwell- ing there shall be one (1) parking space per dwelling unit on lots with greater than forty (40) feet ofstreet frontage or two (2) park- ing spaces per dwelling unit on lots with less than forty (40) feet of street frontage. E HUMAN RELATIONS ARTICLE I. IN GENERAL Secs. 13-1-13-15. Reserved. ARTICLE II. DISCRIMINATION' Sec. 13-16. Definitions. The following words, terms and phrases; when used in this Article, shall have the meanings as- cribed to them in this Section: City Manager shall mean the chief administra- tive official of the city including any person ap- pointed or designated by the City Manager to carry out any or all of the duties, obligations: rights and powers appointed to the City Manager under this Article. Complainant shall mean the person filing a for- mal charge or accusation of violation of this Article. Developmental disability shall mean a disabil- ity attributable to mental retardation, cerebral palsy or epilepsy.. Disabled individual shall mean any person who has, has had or is regarded as having a physical impairment or is developmentally disabled, as de- fined herein, from a physiological or neurological condition which prevents the exercise of a normal physical function. In reference to employment, disabled individual means a disabled individual as defined herein who is capable of performing a particular job, with reasonable accommodation to his or her disability, at the level of productivity applicable to a nondisabled employee. Discriminate and discriminate against; discrimi- natory reason or reason of discrimination shall mean under the given circumstances, a person makes a limitation or specification as to another because of the latter person's race, color, religion, national origin, sex or marital status or because of the race, color, religion, national origin, sex or marital status of the other person's friends or associates. The term discriminatory reason or rea- son of discrimination may be used to have the *Cross references —The Commission on Disability, § 2.166 et seq.; Commission on the Status of Women, § 2.181 at seq.; Human Relations Commission, § 2-261 et seq. Supp. No. 5 § 13-16 following sense or meaning and at the same time save -repeated use of the term based upon or be- cause of the race, color, religion, national origin, sex or marital status of the other person, or be- cause of the race, color, religion, national origin, sex or marital status of such other person's friends or associates. The foregoing terms will include the phrase age between forty (40) and seventy (70) when used in the area of employment under § 13-17. The foregoing shall include discrimination against a disabled individual, as defined herein, when used in the areas of housing under § 13-18, employment under § 13-17 and public accommo- dations under § 13-19 of the Code. Employer shall mean any person employing any person in any capacity other than domestic ser- vice in the employer's own home. Employment shall mean any character of ser- vice rendered or to be rendered for wages, salary, commission or other form of remuneration, and to use or engage any character of service rendered or to be rendered for wages, salary, commission or other form of remuneration. Employment agency shall mean any person un- dertakini, with or without compensation, to pro- cure employees or opportunities to work for any person or holding itself out as equipped to do so. Person shall mean any individual, group, asso- ciation, corporation, jointapprenticeship, commit- tee, joint stock company, labor union, legal repre- sentative, mutual company, partnership, receiv- er, trustee or unincorporated organization or other legal, commercial or governmental entity but shall not include an agency or school district of the State of Colorado or an agency of the United States of America. Place of public accommodations shall mean any place of business engaged in any sales to the gen- eral public and any place that offers services, facilities, privileges or advantages to the general public or that receives financial support through solicitation of the general public or through gov- ernmental subsidy of any kind- Real estate transaction shall mean the sale, ex- change, rental or lease of any real property and also includes offering or listing of any real prop- erty for sale, exchange, rental or lease. 879 § 13.16 FORT COLLINS CODE Respondent shall mean the person being for- mally charged with a violation of this Article. (Code 1972, § 45-1; Ord. No. 105, 1988, § 1, 8-16-88) Cross reference —Definitions and rules of construction gen- erally, § 1.2. See. 13-17. Discriminatory employment prac• tices prohibited. (a) It is a discriminatory employment practice and a violation of this Section for: (1) Any employer, because of discriminatory reason, to refuse to hire another or other- wise to discriminate against any person with respect to the hire, tenure, terms, condi- tions or privileges of employment or any matter directly or indirectly related to em- ployment except where based upon a bona fide occupational qualification; (2) Any employment agency to fail or refuse to classify properiy, refer for employment or otherwise to discriminate against any per- son relating to employment or prospective employment; (3) Any labor organization to discriminate against any person or to limit, segregate or qualify its membership in any way which would tend to deprive any person of em- ployment opportunities or would limit the employment opportunities or otherwise ad- versely affect the status as an employee or as an applicant for employment or would adversely affect the wages, hours or em- ployment terms, conditions or privileges be- cause of a discriminatory reason; (4) Any person to use a threat communicated either by physical, oral or written means of harm or injury to another person, reputa- tion or property to coerce such a person to not accept or discontinue employment; (5) Any person seeking employment to publish or cause to be published any advertisement for employment with specification or limi- tation based upon a discriminatory reason. (b) Except where based on a bona fide occupa- tional qualification, it is a discriminatory employ- Supp. No. 5 ment practice for any employer, employment agency or labor organization prior to employment or ad- mission to membership to: (1) Elicit any information for the purpose of discrimination against any applicant for em- ployment or membership; (2) Make or keep a record for the purpose of discrimination against any applicant for em- ployment or membership; (3) Use any form of application for employment or personnel or membership blank seeking to elicit information for the purpose of discrimination; (4) Print or publish or cause to be printed or published any notice or advertisement re- lating to employment or membership indi- cating any preference, limitation or speci- fication based on a discriminatory reason; (5) Establish, announce or follow a policy of denying or limiting through a quota sys- tem or otherwise employment or member- ship opportunities of any group because of a discriminatory reason; (6) Utilize in the recruitment or hiring of in- dividuals any employment agency, place- ment service, training school or center, labor organization or any other employee refer- ring service known by such person to discriminate; (7) Intentionally utilize in the recruitment, hir- ing, upgrading or promotion of any person any test which tends to discriminate; pro- vided, however, that it shall not be a dis- criminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimina- tion or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting. This subsection shall not be construed to pro- hibit a person giving or being required to give the persons name. (c) The provisions of this section shall not apply to prohibit a religious organization or institution from restricting employment opportunities and 880 HUMAN RELATIONS advertising such restrictions so as to give prefer- ence to members of its own religion or denomina- tion or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. (Code 1972, § 45-3; Ord. No. 105, 1988, §§ 2, 3, 8-16-88) Cross references —The Commission on Disability, § 2.166 et seq.; Commission on the Status of Women, § 2181 et seq.; Human Relations Commission, § 2-261 et seq. Sec. 13-18. Discriminatory housing practices prohibited; exemptions. (a) No person for any reason of discrimination shall:. (1) Refuse to negotiate for and/or engage in a real estate transaction with another person; (2) Discriminate against another person in the terms, conditions or privileges of a real es- tate transaction or in the furnishing of fa- cilities or services in connection therewith; (3) Refuse to receive from or fail to transmit to another person a bona fide offer to engage in a real estate transaction; (4) Represent to another person that any real property is not available for inspection or for a real estate transaction when in fact it is available; (5) Fail, in the ordinary course of business, to bring a property listing to another person's attention or to refuse to permit him to in- spect real property under reasonable condi- tions. (b) No person shall: 1 1) Publish or advertise, directly or indirectly, an intent to make a limitation or specifica- tion based on a discriminatory reason; (2) Use a form of application for a real estate transaction, or make a record of inquiry in connection with a real estate transaction, for the purpose of making a limitation or specification based on a discriminatory rea- son. It shall not be a discriminatory prac- tice to have programs which provide oppor- Supp. No. 5 881 § 13-18 tunities for persons who have been the tra- ditional targets of discrimination or to use a form or make a record of inquiry as above described for the purpose of required gov- ernnlental reporting. This subsection shall not be construed so as to prohibit a person giving or being required to give the per- son's name; (3) Offer, solicit, accept, use or retain a listing of real property with the understanding that a person may discriminated against in a real estate transaction, or in the furnish- ing of facilities or services in connection therewith; (4) Initiate, instigate or participate in repre- sentations. advertisements or contacts within a block, neighborhood or area designed to promote real estate transactions therein on the implication directly or indirectly that changes have, occurred or will or may occur in the composition thereof with respect to discrimination against the owners or occu- pants, or that such changes will or may result in lowering of property values or an increase in criminal or antisocial behavior or decline in the quality of schools in the block, neighborhood or area. (c) A person or a representative of such person to whom application is made for financial assis- tance in connection with a real estate transac- tion, or for the construction, rehabilitation, re- pair, maintenance or improvement of real property, shall not: (1) Discriminate against the applicant; (2) Use a form of application for financial as- sistance or make or keep a record of in- quiry in connection with applications for financial assistance, for the purpose of mak- ing a limitation or specification based on a discriminatory reason. It shall not be a dis- criminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimina- tion or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting. This subsection shall not be construed so as to § 13.18 FORT COLLINS CODE prohibit a person giving or being required to give the person's name. (d) No person for a reason of discrimination shall: (1) Provide unequal terms, conditions, privileges and services to another person in regard to real estate ownership, rental or leasing; 12) Use a threat communicated either by phys- ical, oral or written means of harm or in- jury to another person, reputation or prop- erty to coerce such person to not buy, rent or lease., or to discontinue ownership, rental or leasing real estate. (e) The following exemptions shall apply to the provisions of this Section: (1) The owner of an owner -occupied single-family or two-family dwelling or housing facility may restrict occupancy of such facility on the basis of the sex of the proposed occu- pant, and such owner or authorized agent can effectuate said restrictions by advertis- ing or otherwise arranging for the occupancy of the dwelling. (2) A religious organization or institution may restrict its facilities or housing which are operated in connection with its religious activities and may advertise such restric- tions so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to pro- mote the religious principles for which it is established or maintained. (Code 1972, § 45.2; Ord. No. 105, 1988, § 4, 8-16.88) Cross references —The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2.181 at seq.; Human Relations Commission, § 2.261 et seq. Sec. 13-19. Discriminatory public accommo- dation practices prohibited. (a) It shall be prohibited as a discriminatory practice for any person to: (1) Deny or limit access to a place of public accommodation or provide unequal terms, conditions or privileges to a person because of a discriminatory reason; Supp. No. 5 (2) Use a threat communicated either by phys- ical, oral or written means of harm or in- jury to another person, reputation or prop- erty to coerce such person to not utilize a place of public accommodation; (3) Advertise or cause to be advertised a place of public accommodation as being restricted on the basis of discriminatory reason. (b) The provisions of this Section shall not apply to prohibit a religious organization or institution from restricting the use of its facilities and adver- tising such restrictions, thereby discriminating against certain persons so as to give preference to members of its own religion or denomination or to make such selection as is reasonably calculated by such organization or institution to promote the religious principles for which it is established or maintained. (Code 1972, § 454; Ord. No. 105, 1988, §§ 5, 6, 8-16-88) Cross references —The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2-161 et seq.; Human Relations Commission, § 2-261 et seq. 882 Sec. 13-20. Interference with operation of regu- lations prohibited. (a) No person shall: (1) Use a threat communicated either by phys- ical, oral or written means of harm or in- jury to another person, reputation or prop- erty or discriminate against any person or provide unequal terms; conditions or privi- leges because that person has entered into a conciliation agreement. under this Arti- cle or because such other person has op- posed a discriminatory practice or because such person has made a charge, filed a com- plaint, testified, assisted or participated in an investigation, proceedings or hearing be- fore. anybody charged by law with the duty to hear complaints relating to problems of discrimination: (2) Use a threat communicated by physical, oral or written means of harm or injury to another person, reputation or property to HUMAN RELATIONS coerce such person to engage in a.discrimi- natory practice or other violation of this Article; (3) Willfully obstruct, hinder or interfere with the performance or the proper exercise of a duty, obligation. right or power by the City Manager, the M..-.icipal Court or any other official or body with duties, obligations, rights, and powers under this Article.. (b) A complaint for a violation of this Section shall be processed in accordance with §§ 13-22 through 13-25. (Code 1972, § 45-5) Cross references —The Commission on Disability, § 2-166 et seq.; Commission on the Status of Women, § 2.181 et seq. Sec. 13.21. Appointment of enforcing official A person may be appointed or designated by the City Manager to carry out any or all of the duties, obligations, rights or powers under the provisions of this Article. Such appointee shall have such job titles as designated by the City Manager. (Code 1972, § 45-6) Sec. 13.22. Complaint. (a) Any person claiming to be aggrieved by a violation of this Article may, within ninety (90) days of the. alleged violation, or thirty (30) days after any complaint concerning the same matter has been dismissed by another agency without a final judgment on the merits, whichever shall last occur, file a written complaint under oath With the City Manager. The complaint shall con- tain the name of the alleged violator, or set forth facts sufficient to identify such person, and in- clude an outline of the material facts upon which the complaint is based and the date of the alleged violation. In addition, the complaint shall state, if and as applicable, that any acts or conduct of the complainant were for the purpose of accomplish- ing the real estate transaction, employment ob- jective or public accommodation use in question, and not for the purpose of harassment or entrap- ment of the person against whom the complaint is made. Supp. No. 5 883 (b) The complaint must state: § 13-23 (1) Whether or not a complaint concerning this same matter has been filed with another agency; (2) Whether any complaint concerning this same matter that has been filed with another agency has been dismissed without a final judgment on the merits. (c) In the event that a complaint concerning the same subject matter has been previously filed with another public agency, the City Manager shall hold such in abeyance and take no action until such other agency has made a final judg- ment on the merits. If such other agency makes the final judgment on the merits, the City Man- ager shall dismiss the complaint. If such other agency dismisses the complaint without a final judgment on the merits, or waives jurisdiction, or if by mutual agreement the city is given jurisdic- tion, the City Manager shall proceed with an in- vestigation pursuant to the provisions of § 13-23.. The City :Manager shall furnish a copy of the complaint to the respondent within ten (10) days after the complaint is filed. (Code 1972, § 45-7(A)) Sec, 13-23. Investigation by City Manager; appeal. (a) The City Manager shall promptly conduct a preliminary investigation to determine whether the factual allegations of the complaint consti- tute probable cause to believe that there has been a violation of this Article. (b) If at anytime the City Manager determines that the factual allegations of a complaint are materially untrue or, if true, that a violation under this Article cannot be established, he or. shall shall dismiss the complaint and notify the com- plainant and the respondent of such action, which notice shall inform the complainant of the follow- ing right of appeal. If the complainant is dissatis- fied with the City Manager's decision to dismiss the complaint; the complainant shall have the right to appeal such decision to the Human Rela- tions Commission. Such appeal shall be perfected (If this proposal had been reviewed under the special review provisions of Section 29-475, the occupancy of a group home would be strictly related to the number of residents (excluding supervisors). The number of supervisors and/or managers is not regulated by the City's Group Home Ordinance.) 2. The Planning and Zoning Board failed to properly interpret, apply and violated the following provisions of the Fort Collins City Code: a. "Violation of Chapter 13-16 through 13=25. This is the Fort Collins Human Relations and Anti -Discrimination Ordinance. The Fort Collins Planning and Zoning Board decision makes an irrational, discriminatory and unfounded distinction between elderly "residents" of this home and "live-in" managers. The elderly residents of the home are those who may not find it prudent to live alone, however, do not required full time, expensive institutional care. To this extent, these residents qualify under the Human Relations Code as disabled under that code. While the Fort Collins Human Relations Code does not prohi- bit housing discrimination against elderly, it does prohibit housing diwrimina- tion against disabled. Collinshaus is approved for 12 full-time occupants. There is no rational basis to justify the Planning and Zoning Board's assumed problems with elderly people and its distinction between "residents" and "Five -in" managers. b. "Planning and Zoning Board misinterpreted and misapplied Section 29-526 et seq. of the Fort Collins Code and Section 29-162(3) of the Fort Collins City Code. The Planning and Zoning board, through its Chairman, specifically referenced this project under the Planned Unit Development Procedure and the Land Development Guidance System as being a way to "circumvent" the group home zoning ordinance. The Land Development Guidance System does not "cir- cumvent' anything. Proceeding through the Land Development Guidance Sys- tem is a valid and alternative procedure, adopted by this council, and is a distinct and separate path toward approval of the use in question. The expressed concern by the Chairman of the Planning and Zoning Board of "cir- cumvention" shows a clear and unmistakable misapplication, misunderstanding and misinterpretation of the intent and purposes of the Land Development Guidance System. ordinance. C. Violation and misapplication of Section 29-5.41 et seq. of the Fort Collins City Code. The Collinshaus is approved for 12 permanent residents. This is a valid nonconforming use. Changing the description of two permanent occupants from 'live-in" managers to "residents" is of no Planning Zoning Land Use, or Planned Unit Development Significance. This change does not trigger any land § 13-23 FORT COLLINS CODE by filing a notice of appeal with the City Manager within thirty (30) days of the complainant's re- ceipt of the notice of dismissal. Within ten (10) days of the City Manager's receipt of the notice of appeal, the City Manager shall notify the com- plainant of a date, time and place when the ap- peal will be heard by the Human Relations Com- mission, which date shall be no more than thirty (30) days subsequent to the City Manager's re- ceipt of the notice of appeal. The Human Rela- tions Commission shall conduct a hearing on the allegations in the complaint. If -the Human. Rela- tions Commission upholds the City Manager's de- cision, the complainant may seek judicial review of the decision of the Human Relations Cornmis- sion in the District Court in accordance with the Colorado Rules of Civil Procedure -Rule 106(AX4). Such review must be sought not later than thirty (30) days after the date of the decision of the Human Relations Commission. If either the. Human Relations Commission or the District Court re- verses the decision of the City Manager, the City Manager shall pursue the complaint in the same manner as if the City Manager had found the allegations to be materially true and sufficient to establish a violation. (Code 1972, § 45-7(B); Ord. No. 105, 1988, § 7, 846-88) Cross reference —Human Relations Commission, § 2-261. Sec. 13-24. Conciliation. (a) If, after investigation, the City Manager de- termines that there is probable cause to believe that a violation has occurred, he or she shall en- deavor to eliminate the alleged violation by con- ference, conciliation and persuasion. The City Man- ager is authorized to work toward conciliation agreements whereunder the alleged violation is eliminated and the complaining person is made whole to the extent possible. (b) Neither the complaint nor information gath- ered in the investigation shall be made public prior to the time a conciliation is reached or the City Manager determines that he or she is unable to effectuate a conciliation, unless the disclosure is made in connection with the conduct of the investigation or at a public hearing held pursu- ant to § 13=23(b) above. Supp. No. 5 (c) If such an agreement is reached, it will be signed by the complainant and the respondent. The agreement shall provide for specific perfor- mance. It will. not be necessary for the agreement to contain a declaration or finding that a viola- tion has in fact occurred. It may provide for the dismissal of the complaint without prejudice. The complaint and respondent shall be furnished a copy of the agreement. The terms of such an agree- ment may be made public, but no other informa- tion relating to any complaint, its investigation and disposition will be disclosed or made public without the consent of the complainant and the respondent. (Code 1972, § 45-7(C), (D); Ord.. No. 105, 1988, § 7, 8-16-88) Sec. 13-25. Commencement of action in Mu- nicipal Court. (a) In the event of a finding of probable cause, either by the City Manager in the first instance or upon review by the Human Relations Commis- sion or the District Court, and in the further event that the City Manager is unable to effectuate an agreement through conference, conciliation or per- suasion, the City Manager shall file a complaint in Municipal Court alleging a violation of the provisions of this Article. The matter shall there- after be prosecuted by the city, and the complain- ant shall be subpoenaed to appear and testify at such court proceeding. Any disclosure or state- ments made by the person charged during the course of conciliation efforts under this Article Will not be used as evidence in such court pro- ceeding. Upon conviction, a violation of the provi- sions of this Article shall be punishable by fine or imprisonment as stated in § 1-15 of this Code.. (b) Nothing herein shall preclude the Munici- pal Court, upon stipulation between the city and the defendant, from entering an order of deferred prosecution or judgement for such period of time as deemed proper by the Court, upon certain con- ditions, including but not limited to the following: (1) Requiring the defendant to cease and de- sist from the discriminatory practice; 884 (2) Providing for the sale, exchange, lease, rental, assignment or sublease of real property to a particular person; 0 0 HUMAN RELATIONS (3) Requiring the defendant to pay back pay for discriminatory termination of employ- ment, layoff or denial of promotion oppor- tunity, or to make an offer of employment in the case of discriminatory refusal of em- ployment, or to make an offer of promotion in the case of discriminatory denial of pro- motion opportunity; (4) Requiring that the defendant make avail- able a place of public accommodation in the case of discriminatory denial of the use of such place; (5) Requiring reporting by the defendant as to the manner of compliance with the order of court. (Code 1972, § 45.8; Ord. No. 105, 1988, § 7, 8-16-88) Cross reference —Municipal Court, Ch. 19. Supp..No. 5 $ 13-25 [The next page is 935] 885 r` § 29-149 FORT COLLINS CODE ceased and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118.41.1(C)) Secs. 29-150-29-160. Reserved. Subdivision F. R-L-M Lou) Density Multifamily District Sec. 29-161. Purpose. The R-L-M Low Density Multifamily District is for areas containing low density multifamily uses.. (Code 1972, § 11842) Sec. 29.162. Uses permitted. The uses permitted in the R-L-M District are as follows: (1) Any use permitted in the R-L Low Density Residential District, subject to all use re- quirements specified for the R-L District. (2) Two-family dwellings and multifamily dwell- ings up to and including four -family units. (3) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. (Code 1972, § 11842(A)) Sec. 29.163. Bulk and area requirements. The area requirements in the R=L-M District are as follows: (1) Minimum lot area shall be the equivalent of three (3) times the total floor area of the buildings, but not less than six thousand (6,000) square feet for a single-family or two-family dwelling and not less than nine thousand (9,000) square feet for a multi- family dwelling. (2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwell- ing and one hundred (100) feet for a school or church. (3) Minimum depth of the front yard shall be twenty (20) feet. (4) Minimum depth of the rear yard shall.be fifteen (15) feet. (9) For single-family or two-family dwellings, the minimum side yard shall be fifteen (15) feet on the street side of any corner lot and five (5) feet on all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that all residen- tial uses, except single-family and two-family dwellings, shall require a side yard on the street side of any corner lot of not less than fifteen (15) feet and on all interior sides of not less than five (5) feet, and for school or church uses, no side yard shall be less than twenty-five (25) feet wide. (Code 1912, § 118.420-4F)) Sec. 29-164. Planned Unit Developments. Development of areas in the R-L-M District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118420) Secs. 29-165-29-176. Reserved. Subdivision G. R-M Medium Density Residential District* Sec. 29-176. Purpose. The R-M Medium Density Residential District is for areas containing both low density and me- dium density residential uses. (Code 1972, § 118-43) Sec. 29-177. Uses permitted. The uses permitted in the R-M District are as follows: (1) Single-family dwellings. (2) Two-family dwellings. (3) Multifamily dwellings. (4) Public and private schools for elementary and high school education. 'Cross reference —Sign regulations, § 29591. 1996 0 use decisions or review. This change is not in violation of any provision of the Fort Collins City Code and therefore Planning and Zoning approval is unnecessary." non -conforming use was not before the Board. The application sought aovroval of a_PUD not_annroval.of a change of non -conforming use. :2 ACTIVITY A DEFINITION: A I I Development 0 All land uses must be reviewed against the criteria in this section. CRTEf?IA` Each of the following applicable criteria must be. answered "yes" on the ALL DEVELOPMENT:- NUMBERED CRITERIA chart and implemented within the develop- ment plan. Neighborhood Compatibility THE LAND DEVELOPMENT GUIDANCE SYSTEM SHALL PROTECT THE CHARACTER OF NEW AND EXISTING NEIGHBORHOODS AGAINST INTRUSIVE AND DISRUPTIVE DEVELOPMENT. ANY NEGATIVE OR ADVERSE IMPACTS SHALL BE EFFECTIVELY MITIGATED IN THE PLANNED UNIT DEVELOPMENT PLAN. WHEN TWO ADJACENT PARCELS ARE DEVELOPED SIMULTA- NIOUSLY; THE RESPONSIBIILITY FOR MITIGATING CONFLICTS IS UPON THE MORE INTENSE USE. WHEN A USE IS THE FIRST TO -DEVELOP ON TWO ADJACENT VACANT PAR- CELS, THE FIRST USE SHALL PROVIDE THE NECESSARY BUFFER TO ANY REASONABLE FUTURE USE AS DETERMINED BY THE CITY. THE SECOND USE TO DEVELOP SHALL, AT THE TIME IT DEVELOPS, TAKE ALL ADDITIONAL STEPS NECESSARY TO MITIGATE CON- FLICTS. THE CITY WILL DETERMINE COMPATIBILITY OF A PROJECT BASED UPON THE EVIDENCE PRESENTED IN RESPONSE TO THE FOLLOWING CRITERIA DESCRIBED IN 111" THROUGH "4" BELOW: 1. Have all differences between the applicant and the affected neighbor- hood as to the social compatibility of the project been resolved, or have the processes outlined in Administrative Guidelines for "Identify- ing Impacts on Social Compatibility" been followed? NOW, 1727 OWN 611 -5- continued 2. Is the development compatible with and sensitive to the immediate envi- ronment of the site and neighborhood relative to architectural design, scale, bulk and building height, identity and historical character, disposition and orientation of buildings on the lot, and visual integ- rity? 3. Have the conflicts that are presumed to exist between the proposed development and the surrounding land uses, as examined in "Administra- tive Guidelines" pertaining to "Land Use Conflicts," been effectively mitigated in the planned unit development? 4. Is the project designed so that the additional traffic generated does not have significant adverse impact on surrounding development? Plans and Policies 5. Is the development in accordance with the adopted elements of the Com- prehensive Plan, including but not limited to, Master Street Plan and other adopted street policies, Open Space. Plan and other adopted open space policies? Public Faci ifies, Services & Safety 6. Will the project's completion not generate a traffic volume which exceeds the future capacity of the external street system as defined by the City? 7. Is the development served by utilities with adequate capacity or have arrangements been made for extension and augmentation for the following services? 0 Water supply 0 Sanitary sewer 0 Electricity 0 Natural gas 0 Storm drainage Im I cor-ti ued 1 —6— Cortrued 8. Does the project comply with all design standards, requirements and specifications for the following services or have variances been granted? 0 Water Supply 0 Irrigation companies 0 Sanitary Sewer 0 Electricity 0 Mass transit 0 Natural gas 0 Fire protection 0 Storm drainage 0 Flood hazard areas 0 Cable television 0 Telephone 0 Streets/pedestrians 0 Walks/bikeways 9: Does the project provide adequate access for emergency vehicles and for those persons attempting to render emergency services? 10. Are all vehicular use areas, pedestrian circulation paths and exterior portions of buildings provided with adequate security lighting? 11. If the project includes an irrigation canal, water body, or other water channel, have necessary precautions been taken to minimize. any hazard to life or property? Resource Protect ion 12. If the project contains known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, and wild fire, etc.) or soil conditions unfavorable to urban development, will special engineering precautions be taken to overcome those limitations or have these areas been set aside from development? 13. Does the project preserve significant existing vegetation to the extent practical? 14. If the site contains an area which serves as a habitat, natural food source, nesting place, wintering; or source of water for wildlife iden- tified by the Colorado Division of Wildlife as significant and in par- ticular need of attention, have special precautions been implemented in the plan to prevent the creation of environmental influences adverse to the preservation of these areas? 15. If the proposed project is located within a locally -designated Histori- cal District or includes a locally -designated landmark structure, is the project in conformance with the City's Landmark Ordinance? corthied —7— 16. If the project includes an area known to contain a commercial mineral deposit for which extraction is or will be commercially feasible, has the project been designed not to preclude extraction? 17. Ecologically sensitive areas (reserved). 18. Lands of agricultural importance (reserved). Environmental Standards 19. Will the project conform to applicable local state and federal air quality standards, including, but not limited to: odor; dust; fumes or gases which are noxious, toxic or corrosive; suspended solid or liquid particles; or any air contaminant which may obscure an observer's vision? 20. Will the project conform to applicable local, state and federal water quality standards, including, but not limited to: erosion and sedimen- tation; runoff control; solid wastes; and hazardous substances? 21. Can the proposed land uses and activities be conducted so that noise generated shall not exceed the minimum performance levels as specified in the City's noise control ordinance? The maximum noise dB level allowed will be based upon the land use being proposed rather than the zoning district category for which it is a part. Detailed plans for the elimination of objectionable noises may be required before the issuance of a building permit. 22. If the proposed activity produces intense glare or heat, whether direct or reflected, is the operation conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line? Detailed plans for the elimination of intense glare or heat may be required before issuance of a building permit. 23. Will the project cause no inherent or recurring generated vibration perceptible without instruments at any point along the property line? Temporary construction is excluded from this criterion. 24. Is the exterior lighting, except for overhead street lighting and warn- ing emergency or traffic signals, installed in such a manner that the light source will be sufficiently obscured to prevent excessive glare on public streets and walkways or into any residential area:? The installation or erection of any lighting which may be confused with warning signal.s, emergency signals or traffic signals shall not be per- mitted. Continued I� KI —8— continued 25. Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable federal, state, and local standards? Detailed plans for waste disposal may be required before issuance of a building permit: Site Design 26. Are the elements of the site plan, e.g., buildings, circulation and open space areas, arranged on the site so that activities are inte- grated with the organizational scheme of the community and neighbor- hood? 27. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an effi- cient, functionally organized, and cohesive planned unit development? 28. Is the design and arrangement of elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) in favorable relationship to the existing natural topography; natural water bodies and water courses; existing desirable trees; exposure to sunlight and wind; and views? 29. Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; selection and place- ment of landscape materials; and/or use of renewable energy sources, etc.) contribute to the overall reduction of energy use by the project? 30. Are the elements of the site plan (e.g., buildings, circulation, open space, and landscaping) located and designed so as not to cast a shadow onto adjacent property greater than a shadow cast by a twenty-five foot hypothetical wall located along the property lines of the project between the hours of 9:00 AM and 3:00 PM, MST, on December 21? 31. Are the elements of the site plan (e.g., buildings, circulation, open space, and landscaping) located and designed to the extent feasible to protect access to sunshine for planned solar energy systems and/or for solar oriented rooftop surfaces which can support a solar collector or collectors capable of providing for the anticipated hot water needs of the building in the project between the hours of 9:00 AM and 3:00 PM, MST, on December 21? 32. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the opportunity for privacy by the residents of the project? _- - - cont'il'i ed 0 G A@ R 33. Does the design and arrangement of buildings and open space areas con- tribute to the overall aesthetic quality of the site configuration? 34. If any building or structure is to be greater than 40 feet in height above grade, does the project comply with the building height review criteria? 35. Does the street and parking system provide for the smooth, safe and convenient movement of vehicles both on and off the site? 36. Is the street and parking system designed to contribute to the overall aesthetic quality of the site configuration? 37. Does the development satisfy the parking capacity requirements of the. City and provide adequate space suited to the loading and unloading of persons, materials and goods? 38. Is each active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 39. Does the residential project provide for private outdoor areas (e.g., private yards, patios, and balconies, etc.) for use by the residents of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household unit they are intended to serve? 40. Is the pedestrian circulation system designed to assure that pedes- trians can move safely and easily both on the site and between proper- ties and activities within the neighborhood"and site? 41. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including but not limited to paving patterns, grade differ- ences, landscaping and lighting? 42. Does the landscape plan provide space and pedestrian areas which appearance? for treatment of vehicular use, open contribute to their usage and visual 43. Does the landscape plan provide for treatment adjacent to the build- ing(s) which increases the overall visual quality of the building design? 44. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public view? COrtirued _10—