HomeMy WebLinkAbout09/11/2020 - Planning And Zoning Board - Agenda - Work Session
* Work session times are approximate and are subject to change without notice.
Jeff Hansen, Chair Virtual Meeting
Michelle Haefele, Vice Chair Zoom Webinar
Per Hogestad
David Katz
Jeff Schneider
William Whitley
Planning and Zoning Hearing will be held on Thursday, September 17, 2020, in City Hall Chambers.
Regular Work Session
September 11, 2020
Virtual Meeting
Noon – 3:15 p.m.
Planning and Zoning Board
Work Session Agenda
Participation for this remote Planning and Zoning Board work session will be available online or by phone. No one
will be allowed to attend in person.
Public Attendance (Online): Individuals who wish to attend the Planning and Zoning work session via remote
public participation can do so through Zoom at https://zoom.us/j/94093024826. Individuals participating in the
Zoom session should also watch the meeting through that site.
The meeting will be available to join beginning at 11:45 a.m. on September 11, 2020. Attendees should try to sign
in prior to 12:00 p.m. if possible.
In order to attend:
Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly
improve your audio).
You need to have access to the internet.
Keep yourself on muted status.
If you have any technical difficulties during the hearing, please email kclaypool@fcgov.com.
Public Attendance (Phone): If you do not have access to the internet, you can call into the work session via phone.
Please dial: 1-253-215-8782 or 1-346-248-7799, with Webinar ID: 940 9302 4826.
(Continued on next page)
Packet pg. 1
City of Fort Collins Page 2
TOPICS: PROJECTED TIMES:
Consent:
1. August Hearing Draft Minutes
2. Mountain View Community Church (Beals)
12:00 – 12:15
Discussion:
3. Brothers BBQ (Mapes)
4. Timberline Church Rezone (Holland)
5. Ridgewood Hills Fifth Filing (Kleer)
12:15 – 2:00
Policy and Legislation:
• Annual Land Use Code Update (Beals)
2:00 – 2:30
Board Topics:
• Housing Plan – P&Z Engagement (Everette/Overton)
• Upcoming Hearing Calendar (Everette)
• Board Updates (Everette)
• Transportation Board Liaison Update (York)
2:30 – 3:15
The meeting will be available beginning at 11:45 a.m. Please call in to the meeting prior to 12:00 p.m., if
possible. Once you join the meeting: keep yourself on muted status. If you have any technical difficulties during
the meeting, please email kclaypool@fcgov.com.
The September 11 Planning and Zoning Board regular meeting will be held remotely and not in-
person. Information on remotely participating in the September 11 Planning and Zoning regular meeting is
contained in the agenda for the September 11 meeting available at https://www.fcgov.com/cityclerk/planning-
zoning.php. Members of the public wishing to submit documents, visual presentations, or written comments for
the Board to consider regarding any item on the agenda must be emailed to kclaypool@fcgov.com at least 24
hours prior to the September 11 meeting.
As required by City Council Ordinance 079, 2020, a determination has been made by the chair after
consultation with the City staff liaison that conducting the hearing using remote technology would be
prudent.
Packet pg. 2
Development Review Staff Report Work Session
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Planning and Zoning Board: September 11, 2020
Annual 2020, Revisions, Clarification and Additions to the Land Use Code
Summary of Request
This is an introduction to the proposed annual Land Use Code
changes. This is the first half of the proposed revisions,
clarifications and additions to the Code that address a variety of
subject areas that have arisen since the last annual update in the
Summer 2019.
Next Steps
July Planning and Zoning Board Work Session
August Planning and Zoning Board Work Session
• September Planning and Zoning Board Work Session
• October Planning and Zoning Board Work Session
• October Planning and Zoning Board Regular Meeting
• Council Regular Hearing to be scheduled
Applicant
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Staff
Noah Beals, Senior City Planner-Zoning
Contents
1. Introduction
2. Summary List
3. Draft Changes LEGAL REVIEW
PENDING
Packet pg. 3
1 Director clarification -
Obsolete references 2.1.1
The current title of “Community Planning and
Environmental Services Director” no longer exists
within the City organization and needs to be
updated to the current title of this previous position
which is now the assigned “Community
Development and Neighborhood Services Director”.
2
Minimal standards or
appeals of Minor
Amendment and Basic
Development Reviews
2.2.10(A)(5)
The basis of an appeal for a Type 1 or Type 2
decision are clear in the Municipal Code. The Land
Use Code does not have minimum appeal standards
for Minor Amendments and Basic Development
Reviews. This would provide guidance for an
appellant and the decision maker.
3 Clarifications to the PUD
regulations 2.15
Council adopted the Land Use Code PUD regulations
in 2018 and the PUD regulations have been utilized
to approve one PUD, the Montava PUD, in 2020.
During the extensive review process for the
Montava PUD, several desired clarifications to the
PUD regulations were noted.
4
Garage door setback from
alley/private street based on
additional vistor parking
being provided (if no street-
parking available)
3.5.2, 3.6.2
Residential developments that front onto open
space instead of a street, do not provide near-by on-
street parking. Eccessive parking then occurs in the
private alleys, which are usually emergency access
easements.
Item
Number Topic LUC Sections Problem Statement
BEALS - LAND USE CODE UPDATE
Packet pg. 4
5 RL Accessory Building height 4.4(D)(2)(e)
LUC 4.4 (D) (e) states the following regarding
maximum permitted building height in the Low
Density Residential Zone District: “Maximum
building height shall be twenty-eight (28) feet for a
single-family dwelling, accessory building, group
home or child care center and three (3) stories for
all other uses.” Currently, this means that accessory
building structures can either match the height, or
in some cases, exceed the height of the primary
building structure on the lot. This current allowance
for height is in conflict with the definition for
accessory buildings which states that is shall mean
“a building detached from a principal building and
customarily used with, and clearly incidental and
subordinate to, the principal building or use, and
ordinarily located on the same lot with such
principal building.”
6 Connecting Walkways for
Carriage House Access 3.5.2(D)(1)(a)
Connecting walkways are required for all
developments except detached single-family
dwellings. This has allowed carriage houses to be
built that are difficult to find and has created
limited access to the public sidewalk for residents.
Additionally, this is a concern for first responders,
delivery personnel and other visitors.
BEALS - LAND USE CODE UPDATE
Packet pg. 5
7
Delete lot depth dimension
in Section 3.6.2 - Streets,
Streetscapes, Alleys and
Easements
3.6.2(G)
Section 3.6.2 is an engineering-oriented section
with requirements for street facilities. However it
contains one standard requiring lots abutting
arterial streets to be at least 150 feet in depth. This
Section is an obscure location for a lot dimension
standard. It is inconsistent with other standards
that allow residential buildings to be as close as 15
feet from arterials. It could create complications
and confusion with other building and site planning
standards that address plan layouts, lot sizes,
densities, and setbacks (e.g. residential building
standards; supplementary regulations for setbacks
and multi-family and single-family attached
development; some zoning districts.)
It could invite a subdivider to create a tract,
presumably of any size, separating lots from the
arterial right-of-way. Finally, it would intuitively
involve single family residential lots with rear yards
along arterials, but does not state that. It appears
to be a vestige of past zoning codes.
8 Obsolete Sign reference 3.8.7.1(G)(2)(f)
In the prohibited signs and elements of the sign
section, it includes an exception to certain type of
sign. This type of sign was referenced by the code
section. The sign type was not approved and the
code section is not necessary.
9 Sign Code, Applied Wall-Still
75% Width of Tenant
3.8.7.2(B) Table
(B)
In the sign section there are different types of signs
that may attach to a building. Most of these sign
types do not have a maximum width. In the Applied
or Painted Wall sign table there is a maximum
width. This restriction was left in place in error, as
it was found that the maximum width for most
signs was not necessary. The width of the sign is
usually self-regulated based on other standards
such as the allowed sign square footage and design
of the building facade.
BEALS - LAND USE CODE UPDATE
Packet pg. 6
10
Sign Section, Clarity on
Primary and Secondary
Freestanding Signs
3.8.7.2(G) Table
(G)(1)
In the residential sign district there are two
different types of freestanding permanent signs.
The first type is a Primary that is allowed to be 32sf
in size and 5ft in height. The other type is a
Secondary and the code states it be 32sf in size and
6ft in height. The purpose of most sign standards is
to reduce sign clutter. In this case it was recognized
that a second freestanding sign was necessary.
However, the intent of a primary and secondary
sign was to have one be subordinate to the other.
In error the secondary sign dimensions were equal
size and greater in height. Additional clean up to
the table is necessary to bring the freestanding
signs in alignment with the lighting type in the
Residential Neighborhood Sign district. The
proximity of this district to residential uses would
direct lighting sources to be less impactful, the
current code allowed any lighting type.
11 Home Occupations, signage 3.8.3(4)
The Home Occupation is prohibited exterior
advertising, with the exception of the identification
of the home occupation. The resent sign code
update deleted the term Home Occupation
identification sign and replaced it with residential
sign. It has left the Home Occupation section of
the code unclear as to what type of sign is allowed.
12 Extra Occupancy"Rental
House" clarification 3.8.28
The Extra Occupancy Rental House regulations do
not specify that the dwelling has to be used as a
rental. The Land Use Code also does not define
“house” and that term is not applicable to the use.
The Extra Occupancy Rental House uses tenant and
owner language in multiple sections of the code.
However, we do not regulate whether it is occupied
by owners or renters. The LMN zone district also
has a contradiction as to what level of review four
occupants would go through.
BEALS - LAND USE CODE UPDATE
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13
Marijuana - Adding R&D use
back into the Downtown
Zone district
4.16(F)(2)(1)
Within a recent code change, the Downtown Zone
district was expanded. This expansion created
additional sub-districts. Some of these sub-districts
were existing zone district that included their own
list of permitted uses. One of these new sub-
districts is Innovation. The previous zone district
that is zoned innovation included Medical
Marijuana Research and Development. However,
this use was left out inadvertently creating a
nonconforming use.
14 Second Kitchens
Article 5
Definition of
Dwelling Unit
The Land Use Code does not currently provide any
guidance on when it is accepatble allow for more
than one kitchen in a dwelling unit and there is a
lack of clarity for pre-existing second kitchens. At
times a second kitchen is allowed with an affidavit.
15
Clarify what contitutes a
'basement' for purposes of
finding allowable floor area
Article 5
Definition of Floor
Area
Article 5 - Definitions, defines ‘Floor area’ for
purposes of floor area limits in zoning districts. The
definition excludes basements from floor area. In
zoning districts other than the Old Town
Neighborhoods zones, nothing states how much of
a building has to be underground in order to be
considered a basement.
This question was explored and resolved in the Old
Town Neighborhoods zones, but was simply not
considered as also being needed citywide. It is
needed citywide. The question came up recently in
the case of a proposed addition to a split level
house – i.e., whether the lower level is a baseme
16 Landscaping-Artificial Turf 3.2.1
Staff has had inquiries and proposals about using
artificial turf. One recent example was The
Exchange, which has a central plaza space that was
originally a lawn area. The Land Use Code does not
recognize special use outdoor areas where artificial
turf would be appropriate.
BEALS - LAND USE CODE UPDATE
Packet pg. 8
17 Landscape-Foundation
Planting 3.2.1(E)(2)(d)
A numerical standard requires foundation planting
strips along building walls:
Exposed sections of building walls that are in high-
use or high-visibility areas of the building exterior
shall have planting beds at least five (5) feet wide
placed directly along at least fifty (50) percent of
such walls.
Often, this is not the most appropriate treatment
around commercial buildings, where walkways or
plazas abutting the building are more appropriate.
- Where space is limited between buildings and
parking lots, it is often a better solution for walkway
paving extend to the building, and use any
landscape space for trees and any other landscaping
in walkway cutouts to define the walkway as
shaded pedestrian space alongside the building
separate from the vehicle use area, rather than
having the walkway framed by car bumpers on one
side and shrubs on the other. As an example of this
point, much of Downtown is characterized by this
arrangement.
i
18 Landscape Alternative
Compliance 3.2.1(N)
Alternative compliance is an important part of
Section 3.2.1 - Landscaping and Tree Protection.
The criteria listed for a decision maker to consider
are not the most important criteria that should be
considered and are not pertinent in many situations
where alternative compliance is appropriate. More
important criteria are available in other subsections
of 3.2.1.
19 Measuring Building Height.3.8.17
The measurement of building height for purposes of
height limits has involved some confusion,
interpretation, and the need to refer to Article 5
Definitions for information that would be
appropriate in this Section.
BEALS - LAND USE CODE UPDATE
Packet pg. 9
20
Carriage Houses and
Accessory Building in the
NCL, NCM, and NCB Zone
District
4.7, 4.8, and 4.9
These Old Town Neighborhood zoning districts have
detailed size limit standards for new construction of
additional buildings in rear yards. Redundant
language confuses the simple intent for this
construction to be limited to 1½ stories (with any
upper floor area underneath a sloping roof). The
overall purpose is for neighborhood change and
evolution to reflect historic neighborhood scale in
careful balance with contemporary requirements
and desires.
The original zoning district standards have had
revisions and additions over the years since they
were first drafted in a special planning process in
1997, and it has become evident in recent projects
that the resulting state of organization is very
difficult to use and interpret.
21
Update the term "Street Like
Private Drive" to Private
Streets
3.6.2(M)(2) and
(N)
The code contains two terms for private streets
serve the purpose of forming building sites. The
distinction between the two terms is not useful and
can lead to misunderstanding or create confusion.
- The term ‘Private Streets’ is a longstanding term
with standards in Section 3.6.2(M). It refers to
streets built to City standards for public streets but
retained in private ownership. It has been used
extremely rarely, and appears virtually irrelevant
and unlikely to be used going forward because it
entails all of the cost of public streets without the
benefit of City maintenance.
- The term ‘Street-Like Private Drives’ is a more
recent term with standards in subsection
3.6.2(N)(1)(c). It refers to street facilities that serve
the public purposes of streets but with more
flexibility to tailor design to the urban design
context of development. This provision is used
fairly often and is highly relevant in the City’s
development process.
BEALS - LAND USE CODE UPDATE
Packet pg. 10
22 Possibly R-L review of single
family detached
4.4(B)(1)(a)1
4.4(B)(2)(a)1
Currently, there is confusion regarding what type of
review is required when constructing Single-family
detached dwellings in the Residential Low zone
district. This is due to the fact that the use is
included in the approved use list under both basic
development review and administrative (Type 1)
review processes.
23
Requirements for Central
Gathering Place "open to the
public"
3.8.30
This Section requires attached and multi-family
residential development projects to provide
outdoor spaces and/or amenities to serve the
occupants of the development, with certain
standards for the spaces to be part of a formative
framework and not leftover spaces.
One of the ways to meet the standards is stated in
3.8.30(C)(2) is to provide a private park including
meeting the following standard (with emphasis
added):
“Accessibility. All parts of such parks shall be safely
and easily accessible by pedestrians and open to the
public.”
The latter part of the standard for such privately
owned outdoor space recently raised pointed
questions about what is required to comply.
The standard dates to the original 1997 City Plan
and Land Use Code as part of an overall vision for
friendly neighborhoods formed by an integral
framework of streets, parks, and other public space.
However, code has never stated any further
requirements for being open to the public.
To enforce the standard in a contended situation, it
BEALS - LAND USE CODE UPDATE
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24 Wetlands 3.4.1(D)(2)
LUC Section 3.4.D.2 regarding Wetland Boundary
Delineation references four different sets of
standards and guidelines that may be used to
establish wetland boundaries. However, the section
goes on to state that all wetland boundary
delineations shall be established in accordance with
the U.S. Fish and Wildlife Service wetland
classification system while The U.S. Army Corps of
Engineers standards and guidelines shall be used to
identify the boundaries of any "jurisdictional
wetland." Clarity is needed for both developers and
plan reviewers regarding which set of standards
should be used for any and all projects in the future.
25 Parking Lot Surfacing and
Trail connections parking 3.2.2
The LUC Parking Standards requires that parking
lots be surfaced with asphalt, concrete or other
material in conformance with city specifications.
This requirement can be unecessary for park and
trail connection parking lots where a crushed gravel
or similar surfacing material would be more than
sufficient for the use and capacity of the parking
area.
26 Replace Big Box Retail
Graphic 3.5.4
A plan graphic in this Section predates the vision
and standards for incorporating large retail
establishments into a more walkable town pattern,
which have been developed since the original big
box retail study and standards in 1995. A later plan
graphic better illustrates the intended integration
into a street and block pattern as opposed to a self-
contained shopping center surrounded by large
parking lots.
27 Delegation of authority by
the Director 1.4.9(E)
The change to the Land Use Code of defining
Director as the CDNS Director instead of the PDT
Director has brought up the concern of duties that
the PDT Director has delegated authority to staff
outside of CDNS (such as the City Engineer) is now
problematic as the CDNS Director can only delegate
to sub-ordinate staff under this code section.
BEALS - LAND USE CODE UPDATE
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28
Archival format of approved plans
3.3.2(A)(2)
This Section requires reproducible prints be
provided to the City in physical (Mylar) format. The
City is transitioning to these drawings being
provided for approval in electronic format only.
BEALS - LAND USE CODE UPDATE
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UAmend 2.1.1 – Decision Maker and Administrative Bodies
Problem Statement:
The current title of “Community Planning and Environmental Services Director” no longer exists
within the City organization and needs to be updated.
Proposed Solution:
The proposed solution is to delete the obsolete Director title.
Proposed Code Update:
2.1.1 - Decision Maker and Administrative Bodies
The City Council, Planning and Zoning Board, Zoning Board of Appeals and SCommunity
Planning and Environmental Services Director (the "Director")S Director are frequently referenced
in this Land Use Code. Reference should be made to Chapter 2 of the City Code for
descriptions of these and other decision makers and administrative bodies, and their powers,
duties, membership qualifications and related matters.
BEALS - LAND USE CODE UPDATE
Packet pg. 14
U2.11.3 – Appeal Standards for Basic Development Reviews and Minor Amendments
Problem Statement:
The Land Use Code does not have outline appeal standards and review procedures for Minor
Amendments and Basic Development Reviews to provide guidance for what an appellant can
allege.
Proposed Solution:
The proposed solution is to create minimum appeal standards for Minor Amendments and Basic
Development Reviews to provide guidance for what an appellant can allege. This would provide
guidance for the appellant and the decision maker.
Proposed Code Addition and Update:
2.11.3 – Basic Development Review and Minor Amendment Appeal
Standards and Review Procedures
(A) Grounds for appeal.
1) Failure to properly interpret and apply relevant provisions of the Land Use Code.
(B) Appeal standards.
1) A party-in-interest may appeal the final Basic Development Review or Minor Amendment decision
of the Director.
2) Party-in-interest shall mean a person who or organization that has standing to appeal the final
decision of a board, commission or other decision maker. Such standing to appeal shall be limited
to the following:
a) The applicant;
b) Any party holding an ownership or possessory interest in the real or personal property
that was the subject of the decision of the Director whose action is to be appealed;
c) Any person to whom or organization to which the City mailed notice of the decision;
d) Any person who or organization that provided written comments to the appropriate City
staff for delivery to the Director prior to the decision on the matter which is to be
appealed.
(C) Filing of notice of appeal.
1) An appeal shall be commenced by filing a notice of appeal of the decision of the Director to which
this Section applies with the Director within fourteen (14) calendar days after the action that is the
subject of the appeal.
2) Such notice of appeal shall be on a form provided by the Director, shall be signed by all persons
joining the appeal and shall include the following:
a) The action of the Director that is the subject of the appeal;
b) The date of such action;
c) The name, address, telephone number and relationship of each appellant to the subject of
the action of the Director;
BEALS - LAND USE CODE UPDATE
Packet pg. 15
d) The grounds for the appeal, including specific allegations of error; and
e) In the case of an appeal filed by more than one (1) person, the name, address and
telephone number of one (1) such person who shall be authorized to receive, on behalf of
all persons joining the appeal, any notice required to be mailed by the City to the appellant.
3) The Director will post the notice of appeal on the City's website.
(D) Appeal Review Procedures.
An appeal from a Basic Development Review or Minor Amendment decision 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:
(1) Step 1 (Conceptual Review): Not applicable.
(2) Step 2 (Neighborhood Meeting): Not applicable.
(3) Step 3 (Development Application Submittal): All items or documents required for an appeal from
an administrative decision 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.
(4) Step 4 (Review of Applications): Applicable.
(5) Step 5 (Staff Report): Applicable.
(6) Step 6 (Notice): Only Section 2.2.6(A) applies, except that "14 days" shall be changed to "7
days," everywhere it occurs in Section 2.2.6. Section 2.2.6(B)-(D) shall not apply.
(7) Step 7(A) (Decision Maker): Applicable. The appeal hearing with the Planning and Zoning Board
shall be considered a new, or de novo , hearing. The decision of the Planning and Zoning Board
on such appeals shall constitute a final decision appealable to City Council pursuant to Section
2.2.12 (Step 12).
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.
(8) Step 8 (Standards): Applicable, and an appeal from an administrative decision shall be
determined based upon the same standards which applied to the underlying administrative
decision. Any appeal that is taken pursuant to this Division must be taken not later than fourteen
(14) days from the date that the administrative decision was made.
(9) Step 9 (Conditions of Approval): Applicable.
(10) Step 10 (Amendments): Not applicable.
(11) Step 11 (Lapse): Not applicable.
(12) Step 12 (Appeals): Applicable.
BEALS - LAND USE CODE UPDATE
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Problem Statement
Residential developments that front onto open space instead of a street, do not provide near-by on-
street parking. Excess parking then occurs in the private alleys, which are usually emergency access
easements.
Proposed Solution
An adjustment to the language for minimum side and rear yard setbacks for garages accessed from
private drives (in addition to alleys), as well as a refinement of the parking requirement for multi-family
developments which would set a maximum percentage of parking spaces which may be enclosed
thereby requiring that developers provide adequate on-site unenclosed parking for projects that do not
have access to adjacent on-street parking.
Draft Language
3.5.2(E)(3)
Side and Rear Yard Setbacks. The minimum side yard setback for all residential buildings and for all
detached accessory buildings that are incidental to the residential building shall be five (5) feet from the
property line, except for Sexcept for alley-accessed garages Sgarages accessed from alleys or private drives
where the dwellings face on-site walkways rather than street sidewalks, for which the minimum setback
from an alley or private drive shall be eight (8) feet. If a zero-lot-line development plan is proposed, a
single six-foot minimum side yard is required. Rear yard setbacks in residential areas shall be a minimum
of eight (8) feet from the rear property line, except for garages and storage sheds not exceeding eight
(8) feet in height, where the minimum setback shall be zero (0) feet.
3.2.2 (K)(1)(a)
Section Header
(K)Parking Lots - Required Number of Off-Street Spaces for Type of Use. *, **[]
* Spaces that are located in detached residential garages (but not including parking structures) or in
attached residential garages, which attached garages do not provide direct entry into an individual
dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces
are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the
dwelling unit rental rate or purchase price).
** When public streets abutting the perimeter of the site do not provide on-street parking then the
percentage of garage parking spaces provided for the site shall not exceed 80% of the parking total.
BEALS - LAND USE CODE UPDATE
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Amend 4.4.(D) (e) Dimensional Standards for Residential Low
Problem Statement
LUC 4.4 (D) (e) states the following regarding maximum permitted building height in the Low Density
Residential Zone District: “Maximum building height shall be twenty-eight (28) feet for a single-family
dwelling, accessory building, group home or child care center and three (3) stories for all other uses.”
Currently, this means that accessory building structures can either match the height, or in some cases,
exceed the height of the primary building structure on the lot. This current allowance for height is in
conflict with the definition for accessory buildings which states that is shall mean “a building detached
from a principal building and customarily used with, and clearly incidental and subordinate to, the
principal building or use, and ordinarily located on the same lot with such principal building.”
Proposed Solution
At a minimum, accessory building structures in the R-L zone district should not be allowed to exceed the
height of the principal building on the lot or along the block face. Additional height restrictions could be
applied, such as a limitation that would restrict accessory building height to 50 percent of the principal
building height (i.e. principal building is 28 feet, so accessory building could not exceed 14 feet in
height).
DRAFT Redline
(e) Maximum building height shall be twenty-eight (28) feet for a single-family dwelling, Saccessory
building, Sgroup home or child care center and three (3) stories for all other uses.
(f)Accessory buildings and structures shall not exceed the height of any existing or proposed principal
building on the lot by more than two (2) feet.
BEALS - LAND USE CODE UPDATE
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UAmend 3.5.2(D)(1) – Reduce the exception for a connecting walkway down to one
single family detached dwelling
Problem Statement:
Walkway connections are required for all developments except detached single-family
dwellings. This has allowed carriage houses to be built that are difficult to find and has
created limited access to the public sidewalk for residents. Additionally, this is a
concern for first responders, delivery personnel and other visitors.
Proposed Solution:
Amend the exception for only one single-family detached dwellings and require
addresses to be visible from the public right of way.
3.5.2(D)(1)
(D) Relationship of Dwellings to Streets and Parking .
(1)Orientation to a Connecting Walkway . Every front facade with a primary entrance to a dwelling
unit shall face the adjacent street to the extent reasonably feasible. Every front facade with a
primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance
more than two hundred (200) feet from a street sidewalk and the address shall be posted to
visible from the intersection of the connecting walkway and public right of way. The following
exceptions to this standard are permitted:
(a)Up to oneStwoS (1S2S) single-family detached dwellings on an individual lot that has
frontage on either a public or private street.
(b)A primary entrance may be up to three hundred fifty (350) feet from a street sidewalk if
the primary entrance faces and opens directly onto a connecting walkway that qualifies as
a major walkway spine.
(c)If a multi-family building has more than one (1) front facade, and if one (1) of the front
facades faces and opens directly onto a street sidewalk, the primary entrances located on
the other front facade(s) need not face a street sidewalk or connecting walkway.
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Packet pg. 19
3.6.2 Obscure Lot Dimension
[Delete lot depth dimension in Section 3.6.2, Streets, Streetscapes, Alleys and Easements]
Problem Statement:
Section 3.6.2 is an engineering-oriented section with requirements for street facilities. However
it contains one standard requiring lots abutting arterial streets to be at least 150 feet in depth.
This Section is an obscure location for a lot dimension standard. It is inconsistent with other
standards that allow residential buildings to be as close as 15 feet from arterials. It could create
complications and confusion with other building and site planning standards that address plan
layouts, lot sizes, densities, and setbacks (e.g. residential building standards; supplementary
regulations for setbacks and multi-family and single-family attached development; some zoning
districts.)
It could invite a subdivider to create a tract, presumably of any size, separating lots from the
arterial right-of-way. Finally, it would intuitively involve single family residential lots with rear
yards along arterials, but does not state that. It appears to be a vestige of past zoning codes.
Solution Overview:
Delete 3.6.2(G).
Proposed Code Revision:
3.6.2 - Streets, Streetscapes, Alleys And Easements
(A) Purpose . This Section is intended to ensure that the various components of the
transportation network are designed and implemented in a manner that promotes the health,
safety and welfare of the City.
…S(G) Lots having a front or rear lot line that abuts an arterial street shall have a minimum
depth of one hundred fifty (150) feet.
S(1) Alternative Compliance . Upon request by the applicant, the decision maker may approve
an alternative lot plan that does not meet the standard of this subsection if the alternative lot
plan includes additional buffering or screening that will, in the judgment of the decision maker,
protect such lots from the noise, light and other potential negative impacts of the arterial street
as well as, or better than, a plan which complies with the standard of this subsection.
S(2) Procedure. Alternative lot plans shall be prepared and submitted in accordance with the
submittal requirements for streets, streetscapes, alleys and easements as set forth in this
Section and landscape plans as set forth inS31TSU Section 3.2.1US31T. The alternative lot plan shall clearly
identify and discuss the modifications and alternatives proposed and the ways in which the plan
will equally well or better accomplish the purpose of this subsection than would a plan which
complies with the standards of this subsection.
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(3) Review Criteria. To approve an alternative lot plan, the decision maker must first find that the
proposed alternative plan accomplishes the purpose of this subsection as well as, or better
than, a lot plan which complies with the standard of this subsection. In reviewing the proposed
alternative plan, the decision maker shall take into account whether the lot plan provides
screening and protection of the lots adjacent to the arterial street from noise, light and other
negative impacts of the arterial street equally well or better than a plan which complies with the
standard of this subsection.
[Re-number the remaining subsections accordingly]
(G)
Lots having a front or rear lot line that abuts an arterial street shall have a minimum depth of one hundred
fifty (150) feet.
(1)
33TAlternative Compliance33T . Upon request by the applicant, the decision maker may approve an alternative lot
plan that does not meet the standard of this subsection if the alternative lot plan includes additional
buffering or screening that will, in the judgment of the decision maker, protect such lots from the noise,
light and other potential negative impacts of the arterial street as well as, or better than, a plan which
complies with the standard of this subsection.
(2)
33TProcedure.33T Alternative lot plans shall be prepared and submitted in accordance with the submittal
requirements for streets, streetscapes, alleys and easements as set forth in this Section and landscape plans
as set forth in31T Section 3.2.131T. The alternative lot plan shall clearly identify and discuss the modifications and
alternatives proposed and the ways in which the plan will equally well or better accomplish the purpose of
this subsection than would a plan which complies with the standards of this subsection.
(3)
33TReview Criteria.33T To approve an alternative lot plan, the decision maker must first find that the proposed
alternative plan accomplishes the purpose of this subsection as well as, or better than, a lot plan which
complies with the standard of this subsection. In reviewing the proposed alternative plan, the decision maker
shall take into account whether the lot plan provides screening and protection of the lots adjacent to the
arterial street from noise, light and other negative impacts of the arterial street equally well or better than a
plan which complies with the standard of this subsection.
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UAmend 3.8.7.(G)(2) – Remove obsolete reference to another section of the sign
code section
Problem Statement:
In the prohibited signs and elements of the sign section, it includes an exception to
certain type of sign. This type of sign was referenced by the code section. The sign
type was not approved and the code section is not necessary.
Proposed Solution:
The proposed solution is to delete the obsolete code section.
3.8.7.1(G)(2)…
(f)
(f) Permanent off-premises signsS, except as provided in Section 3.8.7.6S;
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UAmend 3.8.7.2(B) Table (B) – Delete width restriction that does not apply to other
sign types.
Problem Statement:
In the sign section there are different types of signs that may attach to a building. Most
of these sign types do not have a maximum width. In the Applied or Painted Wall sign
table the there is a maximum width. This restriction was left in place in error, as it was
found that the maximum width for most signs was not necessary. The width of the sign
is usually self-regulated based on other standards such as the allowed sign square
footage and building face.
Proposed Solution:
The proposed solution is delete the maximum sign width for the Applied or Painted Wall
sign.
3.8.7.2(G) Table (G)(1)
Max.
Sign
Width
N/A N/A N/A N/A N/A STenant space 45,000 sf. or less: lesser of 40 ft. or
75% of width of tenant space; Tenant space is larger
than 45,000 sf.: 55 ft.SN/A
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UAmend 3.8.7(G) Table (G)(1) – Clarify the differences between primary and
secondary freestanding signs
Problem Statement:
In the residential sign district there are two different types of freestanding permanent
signs. The first type is a Primary that is allowed to be 32sf in size and 5ft in height. The
other type is a Secondary and the code states it be 32sf in size and 6ft in height. The
purpose of most sign standards is to reduce sign clutter. In this case it was recognized
that a second freestanding sign was necessary. However, the intent of a primary and
secondary sign was to have one be subordinate to the other. In error the secondary
sign dimensions were equal size and greater in height. Additional clean up to the table
is necessary to bring the freestanding signs in alignment with the lighting type in the
Residential Neighborhood Sign district. The proximity of this district to residential uses
would direct lighting sources to be less impactful, the current code allowed any lighting
type.
Proposed Solution:
The proposed solution is to amend the Land Use standards to indicate that the
secondary sign is smaller in both size and height to the primary sign and change the
allowable lighting type in the residential sign district.
3.8.7.2(G) Table (G)(1)
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1 per site for
nonresidential, mixed-
use, or multifamily
uses 1 ; 1 per site for
single-family detached
or duplex if the lot fronts
on an arterial; 2 per
public vehicular entry
into residential
subdivision or multifamily
site (one single face sign
on each side of entry)
1 per site for
nonresidential, mixed-
use, or multifamily
uses 1 ; 1 per site for
single-family detached
or duplex if the lot
fronts on an arterial; 2
per public vehicular
entry into residential
subdivision or
multifamily site (one
single face sign on
each side of entry)
1 per site for
nonresidential, mixed-
use, or multifamily
uses 1 ; 2 per public
vehicular entry into
residential subdivision or
multifamily site (one
single face sign on each
side of entry)
No No Yes
Single-family detached
or duplex building with
frontage on arterial: 4 sf.
All other allowed signs:
35 sf.
Single-family
detached or duplex
building with frontage
on arterial: 4 sf. All
other allowed signs:
35 sf.
32 sf. 2
Single-family detached
or duplex building with
frontage on arterial: 5 ft.
Multifamily or
Nonresidential use: 8 ft.
Single-family
detached or duplex
building with frontage
on arterial: 5 ft.
Multifamily or
Nonresidential use: 8
ft.
Multifamily or
Nonresidential use: 5
ft. 2
)(1)
ghborhood Sign District 1
Within Residential
Neighborhood Sign
District 1
manent Signs
Multifamily Single-Family
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Indirect only None AnyIndirect only
Not allowed if a wall sign
is installed
Not allowed if a wall
sign is installed
75 ft. from adjacent
residential zone or
existing or approved
residential use
3 3 3
1 per vehicular access
point to nonresidential,
mixed-use, or multifamily
property
1 per vehicular access
point to
nonresidential, mixed-
use, or multifamily
property
1 per street frontage of a
neighborhood service
center or neighborhood
commercial district
nonresidential, mixed-
use, or multifamily uses
No No No
16 sf.16 sf.2032 sf.
4 ft.4 ft.56 ft.
Indirect only Indirect only AnyIndirect only
pment plan;
associated buildings;
percent (or forty [40] percent if located within the
p of the sign and the ground, vertically and between
pendicular to the ground. A base or pole cover
designed as part of the sign by use of such
g signs that existed prior to December 30, 2011, and
oved or brought into compliance by December 31,
Section 3.8.7.4, Nonconforming Signs.
Structure shall match
primary finish and colors
of associated buildings;
must be monument style
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UAmend 3.8.3. – Clarify the allowable sign type for a Home Occupation.
Problem Statement:
The Home Occupation is prohibited exterior advertising, with the exception of the
identification of the home occupation. The resent sign code update deleted the term
Home Occupation identification sign and replaced it with residential sign. It has left the
Home Occupation section of the code unclear as to what type of sign is allowed.
Proposed Solution:
The proposed solution is to replace the sign type in the Home Occupation section of the
code.
3.8.3…
(4) There shall be no exterior advertising other than Sidentification of the home occupationS the
residential sign allowed in Section 3.8.7.1(D)(5)(a) of this code.
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UAmend 4.16(F)(2)(1) – Restore the Medical Marijuana Research and Development
use to the Downtown Zone District.
Problem Statement:
Within a resent code change, the Downtown Zone district was expanded. This
expansion created additional sub-districts. Some of these sub-districts were existing
zone district that included their own list of permitted uses. One of these new sub-
districts is Innovation. The previous zone district that is zoned innovation included
Medical Marijuana Research and Development. However, this use was left out
inadvertently creating a nonconforming use.
Proposed Solution:
The proposed solution restore the Medical Marijuana Research and Development to the
Downtown Innovation zone district.
4.16(F)(2)…
Medical Marijuana
Center
BDR/MA BDR/MA BDR/MA Not
Permitted
BDR/MA BDR/MA
Medical Marijuana-
infused product
manufacturers
Not
Permitted
Not
Permitted
BDR/MA Not
Permitted
Not
Permitted
Not
Permitted
Medical Marijuana
Optional premises
operations
Not
Permitted
Not
Permitted
BDR/MA Not
Permitted
Not
Permitted
Not
Permitted
Medical Marijuana
Research and
Development
Not
Permitted
Not
Permitted
BDR/MA Not
Permitted
Not
Permitted
Not
Permitted
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5.1.2 Definition of ‘Basement’ for Floor Area Calculation
Problem statement:
Article 5 - Definitions, defines ‘Floor area’ for purposes of floor area limits in zoning districts.
The definition excludes basements from floor area. In zoning districts other than the Old Town
Neighborhoods zones, nothing states how much of a building has to be underground in order to
be considered a basement.
This question was explored and resolved in the Old Town Neighborhoods zones, but was simply
not considered as also being needed citywide. It is needed citywide. The question came up
recently in the case of a proposed addition to a split level house – i.e., whether the lower level is
a basement.
Solution Overview:
In the definition of ‘Floor area’ in Article 5, add a clarification using the language from the Old
Town Neighborhoods zones, which exclude basements from floor area where no exterior
basement wall is exposed by more than 3 feet above the existing grade at a lot line which the
wall faces.
Proposed Code Revision:
Floor area shall mean the gross floor area of a building as measured along the outside walls of
the building and including each floor level, but not including open balconies, the first seven
hundred twenty (720) square feet of garages or other enclosed automobile parking areas,
basements if no exterior basement wall is exposed by more than 3 feet above the existing grade
at a lot line which the wall faces, and one-half (½) of all storage and display areas for hard
goods.
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Artificial Turf
Section 3.2.1, Landscaping
Problem Statement
Staff has had inquiries and proposals about using artificial turf. One recent example was The
Exchange, which has a central plaza space that was originally a lawn area. The Land Use
Code does not recognize special use outdoor areas where artificial turf would be appropriate.
Proposed Solution Overview:
Edit Section 3.2.1(E)(2) with minor wordsmithing to recognize such special use outdoor areas,
without any change to the intent of the landscaping section.
For reference, the definition of Landscaping in Article 5 is pertinent:
“ Landscaping shall mean any combination of living plants such as trees, shrubs, plants,
vegetative ground cover or turf grasses, and may include structural features such as
walkways, fences, benches, works of art, reflective pools, fountains or the like. Landscaping
shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation or
the preservation, protection and replacement of existing trees. “
Code Revision:
33TLandscape Area Treatment.33T Landscape areas shall include all areas on the site that are not covered
by buildings, structures, paving or impervious surface or special use areas such as play areas, plaza
spaces, patios and the like. Landscape areas shall consist only of landscaping. The selection and
location of turf, ground cover (including shrubs, grasses, perennials, flowerbeds and slope retention),
and pedestrian paving and other landscaping elements shall be used to prevent erosion and meet the
functional and visual purposes such as defining spaces, accommodating and directing circulation
patterns, managing visibility, attracting attention to building entrances and other focal points, and
visually integrating buildings with the landscape area and with each other.
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3.2.1 Foundation Plantings
Problem:
A numerical standard requires foundation planting strips along building walls:
Exposed sections of building walls that are in high-use or high-visibility areas of the
building exterior shall have planting beds at least five (5) feet wide placed directly along at
least fifty (50) percent of such walls.
Often, this is not the most appropriate treatment around commercial buildings, where
walkways or plazas abutting the buildings are more appropriate.
Where space is limited between buildings and parking lots, it is often a better solution for
walkway or plaza paving to extend to the building, and to then use any landscape areas for
trees and any other landscaping in paving cutouts or planting beds. This can define the
shaded pedestrian space alongside the building separate from the vehicle use area, rather
than having a walkway defined by car bumpers on one side and shrub beds on the other. As a
familiar example of this point, much of Downtown is characterized by this arrangement.
Countless other examples can be found in non-Downtown settings as well.
Solution Overview:
Acknowledge commercial walkway situations where a walkway abutting the building is a more a
appropriate relationship.
Code Revision
3.2.1(E)(2)(d) Foundation Plantings.
Exposed sections of building walls that are in high-use or high-visibility areas of the building
exterior shall have planting beds at least five (5) feet wide placed directly along at least fifty (50)
percent of such walls, except where pedestrian paving abuts a commercial building with trees
and/or other landscaping in cutouts or planting beds along the outer portion of the pedestrian
space away from the building.
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3.2.1(N) Edit Landscaping Alternative Compliance Criteria:
Problem:
Alternative compliance is an important part of Section 3.2.1 - Landscaping and Tree
Protection. The criteria listed for a decision maker to consider are not the most important
criteria that should be considered and are not pertinent in many situations where alternative
compliance is appropriate. More important criteria are available in other subsections of 3.2.1.
Solution Overview:
Update the alternative compliance criteria with more applicable and important criteria, by
referencing language in pertinent subsections.
Proposed Code Revision:
(N) Alternative Compliance . Upon request by an applicant, the decision maker may approve
an alternative landscape and tree protection plan that may be substituted in whole or in part
for a landscape plan meeting the standards of this Section.
(1) Procedure. Alternative landscape plans shall be prepared and submitted in accordance
with submittal requirements for landscape plans. Each such plan shall clearly identify and
discuss the modifications and alternatives proposed and the ways in which the plan will better
accomplish the purposes of this Section than would a plan which complies with the standards
of this Section.
(2) Review Criteria. To approve an alternative plan, the decision maker must first find that the
proposed alternative plan accomplishes the purposes of this Section equally well or better
than would a plan which complies with the standards of this Section.
In reviewing the proposed alternative plan for purposes of determining whether it
accomplishes the purposes of this Section as required above, the decision maker shall take
into account whether the alternative Spreserves and incorporates existing vegetation in excess
of minimum standards, protects natural areas and features, maximizes tree canopy cover,
enhances neighborhood continuity and connectivity, fosters nonvehicular access orS
accomplishes the functions listed in Section (C) (1)-(7) and Section (H) above and
demonstrates innovative design and use of plant materials and other landscape elements.
For reference, here is Section (C) (1)-(7) and Section (H):
(C) General Standard. All developments shall submit a landscape and tree protection plan, and, if
receiving water service from the City, an irrigation plan, that: (1) reinforces and extends any
existing patterns of outdoor spaces and vegetation where practicable, (2) supports functional
purposes such as spatial definition, visual screening, creation of privacy, management of
microclimate or drainage, (3) enhances the appearance of the development and neighborhood, (4)
protects significant trees, natural systems and habitat, (5) enhances the pedestrian environment,
(6) identifies all landscape areas, (7) identifies all landscaping elements within each landscape
area, and (8) meets or exceeds the standards of this Section.
(H) Placement and Interrelationship of Required Landscape Plan Elements . In approving the
required landscape plan, the decision maker shall have the authority to determine the optimum
placement and interrelationship of required landscape plan elements such as trees, vegetation,
turf, irrigation, screening, buffering and fencing, based on the following criteria:
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(1) protecting existing trees, natural areas and features;
(2) enhancing visual continuity within and between neighborhoods;
(3) providing tree canopy cover; [Note a related edit to this line of text]
(4) creating visual interest year-round;
(5) complementing the architecture of a development;
(6) providing screening of areas of low visual interest or visually intrusive site elements;
(7) establishing an urban context within mixed-use developments;
(8) providing privacy to residents and users;
(9) conserving water;
(10) avoiding reliance on excessive maintenance;
(11) promoting compatibility and buffering between and among dissimilar land uses;
(12) establishing spatial definition.
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3.8.17 - Building Height
Problem Statement:
The measurement of building height for purposes of height limits has involved some confusion,
interpretation, and the need to refer to Article 5 Definitions for information that would be
appropriate in this Section.
Solution Overview:
Add more-detailed information on determining height in stories and feet.
Proposed Code Revision:
(A) Measuring Building Height.
(1) Building Height Measured in Feet. When measured in feet, building height shall be
measured from the average of the finished ground level at the center of all walls of a building
or structure to the highest point of the roof surface or structure.
(2) Building Height Measured in Stories. In measuring the height of a building in stories the
following measurement rules shall apply:
(a) A balcony or mezzanine shall be counted as a full story when its floor area is in excess of
one-third ( P
1
P/3) of the total area of the nearest full floor directly below it.
(b) Half (½) story shall mean a space under a sloping roof which has the line of intersection of
the roof and wall face not more than three (3) feet above the floor level, and in which space
the possible floor area with head room of five (5) feet or less occupies at least forty (40)
percent of the total floor area of the store directly beneath.
(SbSc) No story of a commercial or industrial building shall have more than twenty-five (25) feet
from the center of all walls to the eave/wall intersection or wall plate height if there is no eave,
or from floor to floor, or from floor to eave/wall intersection or wall plate height as applicable.
(ScSd) A maximum vertical height of twelve (12) feet eight (8) inches shall be permitted for each
residential story measured from average ground level at the center of all walls to the eave/wall
intersection or wall plate height if there is no eave, or from floor to floor, or from floor to
eave/wall intersection or wall plate height as applicable. This maximum vertical height shall
apply only in the following zone districts: U-E; R-F; R-L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B;
R-C; C-C-N; N-C; and H-C.
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Old Town Neighborhoods Construction in Rear Yards – Height Limits
Clarify and organize height limits for ‘carriage houses’ and accessory buildings in the NCL,
NCM, and NCB zoning districts. Edit Divisions 4.7,.4.8, 4.9 to remove redundancy and to clarify
height limits standards.
Problem Statement:
These Old Town Neighborhood zoning districts have detailed size and height limit standards for
new construction of additional buildings in rear yards. Redundant language confuses the simple
intent for such construction to be limited to 1½ stories (with any upper floor area underneath a
sloping roof rather than two full stories).
The original zoning district standards have had revisions and additions over the years since they
were first drafted in a special planning process in 1997, and it has become evident in recent
projects that the resulting state of organization is very difficult to use and interpret.
Proposed Solution Overview:
In the NCL and NCM districts, standards for height are found in three subsections with
subheadings Building Height, Building Design, and Bulk and Massing.
The proposed solution moves and consolidates redundant standards, from Building Design
and Bulk and Massing, into Building Height. This cut-and-paste revision includes minor
formatting and wordsmithing edits for consistency.
The proposed solution eliminates language about increasing eave height limits based on
increasing side setbacks beyond 5 feet. That language confuses the simple original intent of
1½ story scale.
In the NCB district, minor edits are proposed for consistency.
It may be worth noting that a half story is defined in Article 5, Definitions, under ‘Story, half’.
Code Revisions:
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Division 4.7 Neighborhood Conservation, Low Density District
(E) Dimensional Standards.
(5) Building Height.
a. Maximum building height shall be two (2) stories, except in the case of a detached dwelling
unit at the rear of the lot and accessory buildingsS.S, which shall be limited to 1½ stories.
b. Front porches shall be limited to one (1) story.
c. The height of a detached dwelling unit at the rear of the lot (a.k.a. a ‘Carriage House’) or an
accessory building containing habitable space shall not exceed twenty-four (24) feet.
d. The height of an accessory building containing no habitable space shall not exceed twenty
(20) feet.
(6) 10TEave Height.
a. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet
from grade for a dwelling unit located at the rear of the lot or an accessory building with
habitable space. An eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25)
percent of the wall length.
b. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from
grade for an accessory building containing no habitable space. An eave of a dormer or similar
architectural feature may exceed ten (10) feet if set back two (2) feet from the wall below and
does not exceed twenty-five (25) percent of the wall length.
Sc. The maximum eave height is measured at the minimum setback from an interior side-yard lot
line and can be increased at a ratio of six (6) inches of additional building height for each one (1)
foot of setback from the interior side property line. [SWith this allowance, a 15’ setback gives you an 18’
wall – 2-story height inconsistent with intent.]
c. If a second story has an exterior wall that is set back from the lower story's exterior wall, the
eave height shall be the point of an imaginary line at which the upper story's roofline (if extended
downward ShorizontallyS) would intersect with the lower story's exterior wall (if extended upward
SverticallyS).[Clarification only.]
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Illustration of Carriage House Roofline and Eave Heights
F. Development Standards.
(1) Building Design.
...
S(e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-
family dwellings shall be no higher than two (2) stories, except in the case of carriage houses
and accessory buildings containing habitable space.
…
S(2) Bulk and Massing.
S(a) Building Height.
S1. Maximum building height shall be two (2) stories, except in the case of a detached dwelling
unit at the rear of the lot and accessory buildings, which shall be limited to 1 ½ stories, with
any upper floor area under a sloping roof.
S2. The height of a detached dwelling unit at the rear of the lot or an accessory building
containing habitable space shall not exceed twenty-four (24) feet.
S3. The height of an accessory building containing no habitable space shall not exceed twenty
(20) feet.
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Division 4.8 Neighborhood Conservation, Medium Density District
(E) Dimensional Standards.
(5) Building Height.
a. Maximum building height shall be two (2) stories, except in the case of a detached dwelling
unit at the rear of the lot and accessory buildingsS.S, which shall be limited to 1½ stories.
b. Front porches shall be limited to one (1) story.
c. The height of a detached dwelling unit at the rear of the lot or an accessory building containing
habitable space shall not exceed twenty-four (24) feet.
d. The height of an accessory building containing no habitable space shall not exceed twenty (20)
feet.
(6) 10TEave Height.
a. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from
grade for a dwelling unit located at the rear of the lot or an accessory building with habitable
space. An eave of a dormer or similar architectural feature may exceed thirteen (13) feet if set
back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall
length.
b. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from
grade for an accessory building containing no habitable space. An eave of a dormer or similar
architectural feature may exceed ten (10) feet if set back two (2) feet from the wall below and does
not exceed twenty-five (25) percent of the wall length.
Sc. The maximum eave height is measured at the minimum setback from an interior side-yard lot
line and can be increased at a ratio of six (6) inches of additional building height for each one (1)
foot of setback from the interior side property line.
c. If a second story has an exterior wall that is set back from the lower story's exterior wall, the
eave height shall be the point of an imaginary line at which the upper story's roofline (if extended
downward ShorizontallyS) would intersect with the lower story's exterior wall (if extended upward
SverticallyS).
(See illustration contained in33TU Division 4.7U33T.)
(F) Development Standards.
1 Building Design.
S(e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-
family dwellings shall be no higher than two (2) stories, except for carriage houses and
accessory buildings containing habitable space, which shall be limited to one and one-half
(1½) stories.
S(2) Bulk and Massing.
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S(a)
SBuilding Height.
S1.
SMaximum building height shall be two (2) stories, except in the case of a detached dwelling unit
at the rear of the lot and accessory buildings.
S2.
SThe height of a detached dwelling unit at the rear of the lot or an accessory building containing
habitable space shall not exceed twenty-four (24) feet.
S3.
SThe height of an accessory building containing no habitable space shall not exceed twenty (20)
feet.
S(b)
SEave Height.
S1.
SThe exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from
grade for a dwelling unit located at the rear of the lot or an accessory building with habitable
space. An eave of a dormer or similar architectural feature may exceed thirteen (13) feet if
set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of
the wall length.
S2.
SThe exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from
grade for an accessory building containing no habitable space. An eave of a dormer or
similar architectural feature may exceed ten (10) feet if set back two (2) feet from the wall
below and does not exceed twenty-five (25) percent of the wall length.
S3.
SThe maximum eave height is measured at the minimum setback from an interior side-yard lot
line and can be increased at a ratio of six (6) inches of additional building height for each
one (1) foot of setback from the interior side property line.
S4.
SIf a second story has an exterior wall that is set back from the lower story's exterior wall, the
eave height shall be the point of an imaginary line at which the upper story's roofline (if
extended horizontally) would intersect with the lower story's exterior wall (if extended
vertically).
S(See illustration contained inS33TS Division 4.7S33T.)
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Division 4.9 Neighborhood Conservation, Buffer District
(E) 1TDevelopment Standards.
(1) 35TSingle-Family Dwellings.
35T….
(b) 35TBulk and Massing.
1. 10TBuilding Height.
1a. Maximum building height shall be three (3) stories, except in the case of a detached dwelling
unit at the rear of the lot and accessory buildings., which shall be limited to 1½ stories.
b. The height of a detached dwelling unit at the rear of the lot or an accessory building containing
habitable space shall not exceed twenty-four (24) feet.
c. The height of an accessory building containing no habitable space shall not exceed twenty (20)
feet.
2. 10TEave Height.
1. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from
grade for a dwelling unit located at the rear of the lot or an accessory building with habitable
space. An eave of a dormer or similar architectural feature may exceed thirteen (13) feet if set
back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall
length.
2. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from
grade for an accessory building containing no habitable space. An eave of a dormer or similar
architectural feature may exceed ten (10) feet if set back two (2) feet from the wall below and does
not exceed twenty-five (25) percent of the wall length.
3. The maximum eave height is measured at the minimum setback from an interior side-yard lot
line and can be increased at a ratio of six (6) inches of additional building height for each one (1)
foot of setback from the interior side property line.
43. If a second story has an exterior wall that is set back from the lower story's exterior wall, the
eave height shall be the point of an imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if extended vertically).
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Private Streets Terminology
Section
3.6.2(M)(2) and (N)
Problem statement:
The code contains two terms for private streets serve the purpose of forming building sites. The
distinction between the two terms is not useful and can lead to misunderstanding or create
confusion.
- The term ‘Private Streets’ is a longstanding term with standards in Section 3.6.2(M). It refers
to streets built to City standards for public streets but retained in private ownership. It has been
used extremely rarely, and appears virtually irrelevant and unlikely to be used going forward
because it entails all of the cost of public streets without the benefit of City maintenance.
- The term ‘Street-Like Private Drives’ is a more recent term with standards in subsection
3.6.2(N)(1)(c). It refers to street facilities that serve the public purposes of streets but with more
flexibility to tailor design to the urban design context of development. This provision is used
fairly often and is highly relevant in the City’s development process.
Some example urban design components that can benefit from creative flexibility would include
street parking, sidewalks, street trees, landscaped medians, identity signage, intermediate
widths between specified widths in City standards, smaller curve radii, terminus requirements,
paving materials or color, and the like.
This term, ‘street-like private drives’, is unwieldy, creates the need to use ‘SLPD’, and creates
generally confuses the intent for them to be streets. They are distinct from private drives, which
are then accessed from streets once the street framework has been determined. There is a
tendency for developers to desire to avoid building streets in favor of parking lots and other
private drives accessing parking or garages. The term can give the impression that such private
drives are SLPDs.
Solution Overview:
Refer to all private streets as such -- eliminate the term ‘Street-Like Private Drives’ and
incorporate those provisions under the term ‘Private Streets’. This would be consistent with the
whole intent for these facilities, which is to serve as streets for purposes of building orientation,
multi-modal connectivity, and all other purposes of streets.
This would also be consistent with the definition of ‘Street’ in Article 5:
Street shall mean a public way (whether publicly or privately owned) used or intended to be
used for carrying vehicular, bicycle and pedestrian traffic and shall include the entire area
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within the public right-of-way and/or public access easement; provided, however, that with
respect to the application of Section 3.8.7 (Signs), the term street shall only mean a
dedicated public right-of-way (other than an alley) used or intended to be used for carrying
motorized vehicular traffic.
The proposed solution also includes a minor edit to 3.6.3(M)(1) to remove the word ‘only’ in
reference to accessing property within a development, which tends to imply that it would lead
only to ‘dead ends’ with no connectivity. The would be consistent with the remainder of
language in 3.6.3(M)(1).
Proposed Code Revision
(M) 1TPrivate Streets.1T Private streets shall be controlled by the following requirements:
(1) 33TWhen Allowed.33T Private streets shall be allowed in a development, provided that their function
will SonlyS be primarily to provide access to property within the development. Private streets shall
not be permitted if (by plan or circumstance) such streets would, in the judgment of the City
Engineer, attract "through traffic" in such volumes as to render SsuchS public streets necessary as
connections between developments, neighborhoods or other origins and destinations outside of
the development plan.
(2) 33TDesign Requirements.33T Designs for private streets shall be permitted if:
a. they meet all standards for public streets in accordance with the 33TLarimer County Urban Area
Street Standards33T, as adopted by the City Council by ordinance or resolution.
b. they have customized treatments and features which include travel lanes; parallel or diagonal
street parking; tree-lined sidewalks with the sidewalks either detached by at least 6 feet or
attached with trees in cutouts; and crosswalks. Other features such as bikeways, landscaped
medians, corner plazas, custom lighting, bike racks, and identity signs may be provided to afford
an appropriate alternative to a standard City street in the context of the development plan. Head-in
parking may only be used in isolated parking situations where the effect on the character of the
street is negligible.
Such private streets must be similar to public streets in overall impression and function, with any
adjacent buildings fronting on and primarily oriented to the street. They may be used for
compliance with other standards for the pattern of development such as block configuration,
orientation to connecting walkways, build-to-lines, and street pattern and connectivity.
SOptional treatments beyond the minimum city standards, such as landscaped medians or other
decorative SCustomized treatments and featuresS,S will not be approved unless the City determines
that such treatments and features present no safety risk to the public and that the City's utilities
will not incur maintenance or replacement costs for their utilities above normal costs associated
with the City's standard design. As with public streets, the design of private streets must be
completed by or under the charge of a professional engineer licensed by the State of Colorado.
The design for all private streets shall be included in the utility plans for the development.
S(N) S1TSPrivate Drives and Street-Like Private Drives.
S(1) S33TSWhen Allowed.
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S(a) Internal access or additional cross-access. Private drives shall be allowed in a development,
provided that their function will only be to provide access to property within the development
or S33TSadditionalS33TS cross-access between developments that are also connected by a street(s). Private
drives shall not be permitted if (by plan or circumstance) such drives would, in the judgment of the
City Engineer, attract "through traffic" in such volumes as to render such drives necessary as
connections between developments, neighborhoods or other origins and destinations outside of
the development plan.
S(b) Primary access.A private drive shall be allowed to provide primary access to a development,
provided that the drive is in compliance with subparagraph (a) above.
S(c) Street-Like Private Drives. A street-like private drive shall be allowed as primary access to
facing buildings or to parcels internal to a larger, cohesive development plan, or for the purposes
of meeting other requirements for streets. Street-like private drives shall be designed to include
travel lanes, on-street parking, tree-lined border(s), detached sidewalk(s) and crosswalks. Other
features such as bikeways, landscaped medians, corner plazas and pedestrian lighting may be
provided to afford an appropriate alternative to a street in the context of the development plan.
SOn-street parking for abutting buildings may be parallel or angled. Head-in parking may only be
used in isolated parking situations.
SSuch street-like private drives must be similar to public or private streets in overall function and
buildings shall front on and offer primary orientation to the street-like private drive.
SStreet-like private drives may be used in conjunction with other standards, such as block
configuration, orientation to connecting walkways, build-to-lines, or street pattern and connectivity.
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Amend 4.4.(B) (1) (a) / (2) (a) Residential Low Review
Problem Statement
Currently, there is confusion regarding what type of review is required when constructing Single-family
detached dwellings in the Residential Low zone district. This is due to the fact that the use is included in
the approved use list under both basic development review and administrative (Type 1) review
processes.
Proposed Solution
Provide language under LUC 4.4. (B) (1) (a) which clarifies under what circumstances a basic
development review is required Single-family detached dwellings. The proposed language more
accurately reflects the instances under which basic development review would be necessary in the zone
district (i.e. creation of a new lot that was not part of the originally approved site-specific development
plan).
DRAFT Redline
(B)Permitted Uses .
(1) The following uses are permitted in the R-L District, subject to basic development review,
provided that such uses are located on lots that are part of an approved site specific
development plan:
(a) Residential Uses:
1. SSingle-family detached dwellings. S SSingle-family detached dwellings up to two
(2) dwellings.
SOR
Single-family detached dwelling subdivisions created as part of Minor
Subdivision process per Section 2.18.2.
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3.8.30 Open to the Public
Problem Statement:
This Section requires attached and multi-family residential development projects to provide
outdoor spaces and/or amenities to serve the occupants of the development, with certain
standards for the spaces to be part of a formative framework and not leftover spaces.
One of the ways to meet the standards is stated in 3.8.30(C)(2) is to provide a private park
including meeting the following standard (with emphasis added):
“Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians
and open to the public.”
The latter part of the standard for such privately owned outdoor space recently raised pointed
questions about what is required to comply.
The standard dates to the original 1997 City Plan and Land Use Code as part of an overall
vision for friendly neighborhoods formed by an integral framework of streets, parks, and other
public space. However, code has never stated any further requirements for being open to the
public.
To enforce the standard in a contended situation, it could become necessary to address
complications such as public access easements, liability, fencing/gates, signage, ongoing
enforcement, hours of operation, free admission, and compensation agreements where the
space is off-site from a development plan. The potential complications extend beyond the
simple intent and would not be worth addressing in staff’s opinion. Staff has not seen problems
on the ground with these spaces.
Solution Overview:
Delete the phrase. The primary purpose of these spaces is to serve the occupants of the
development. Ideally, the spaces contribute to a friendly neighborhood pattern and can be
viewed, traversed and accessed by visitors and passersby as well as occupants, and that has
been the case without specifying requirements for public access per se. Some such spaces
have been posted with modest signs indicating the intent for HOA members only. But even so,
the spaces contribute to the neighborhood look and feel in a manner that is consistent with the
intent.
Proposed Code Revision:
3.8.30
(C) Access to a Park, Central Feature or Gathering Place. At least ninety (90) percent of
the dwellings in all development projects containing two (2) or more acres shall be located
within one thousand three hundred twenty (1,320) feet (one-quarter (¼) mile) of either a
neighborhood park, a privately owned park or a central feature or gathering place that is
located either within the project or within adjacent development, which distance shall be
measured along street frontage without crossing an arterial street. Such parks, central
features or gathering places shall contain one (1) or more of the following uses:
(1) Public parks, recreation areas or other open lands.
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(2) Privately owned parks, meeting the following criteria:
(a) For projects between two (2) and five (5) acres, the development is required to provide
sufficient outdoor gathering areas or site amenities, either public or private, to sustain the
activities associated with single-family attached and multi-family residential development, to
adequately serve the occupants of the development as set forth below. Such outdoor
gathering areas may include, without limitation, small parks, playgrounds, pools, sports courts,
picnic facilities, passive open space, recreational areas, plazas, courtyards, or naturalistic
features.
For projects greater than five (5) acres and less than ten (10) acres, the private park must be
a minimum of five thousand (5,000) square feet.
For projects greater than ten (10) acres, the private park must be a minimum of ten thousand
(10,000) square feet.
(b) Location. Such parks shall be highly visible, secure settings formed by the street layout
and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings
shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage
of the park.
(c) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians
Sand open to the publicS.
(d) Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas,
pavilions, picnic tables, benches or other features for various age groups to utilize.
(e) Ownership and Maintenance. Such parks may, in the discretion of the City, be acquired by
the City (through dedication or purchase) or be privately owned and maintained by the
developer or property owners' association.
(f) Storm Drainage. When integrating storm drainage and detention functions to satisfy this
requirement, the design of such facilities shall not result in slopes or gradients that conflict
with other recreational and civic purposes of the park.
(3) Community facilities or neighborhood support/recreation facilities (which are permitted as
an accessory use to housing). If such facility is smaller than the required minimum size for
privately owned parks as required in subparagraph (2)(a) above, then the facility shall be
physically integrated with such park space as needed to meet the required minimum size.
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Update to Wetland Boundary Delineation
Problem Statement
LUC Section 3.4.D.2 regarding Wetland Boundary Delineation references four different sets of standards
and guidelines that may be used to establish wetland boundaries. However, the section goes on to state
that all wetland boundary delineations shall be established in accordance with the U.S. Fish and Wildlife
Service wetland classification system while The U.S. Army Corps of Engineers standards and guidelines
shall be used to identify the boundaries of any "jurisdictional wetland." Clarity is needed for both
developers and plan reviewers regarding which set of standards should be used for all projects in the
future.
Proposed Solution
Removal of references to uncommonly used standard and guidelines and a consolidation of the
language related to processes which would utilize the U.S. Army Corps of Engineers’ standard and
guidelines.
Draft Language
31TWetland Boundary Delineation31T . In establishing the boundaries of a wetland, the applicant and the
Director shall use soil samples, ecological characterization and hydrological evidence, to the extent
that such are in existence or are requested of and provided by the applicant. The Director may also
utilize the standards and guidelines and/or the professional recommendations of the U.S. Army Corps
of Engineers Sthe U.S. Fish and Wildlife Service, the Colorado Natural Heritage Program, and/or the
Colorado Division of WildlifeS or a comparable entity in establishing such boundaries. Wetland
boundary delineations and the identification of any “jurisdictional wetland” shall be established in
accordance with the SU.S. Fish and Wildlife S U.S. Army Corps of Engineers wetland classification system
and shall be identified in the submittal documents for the review of the project development plan (if
applicable, or if not applicable, the most similar development review) and prior to commencement of
any construction activities. SThe U.S. Army Corps of Engineers standards and guidelines shall be used
to identify the boundaries of any "jurisdictional wetland."
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LUC 3.2.2(D)(3)(c) Pavement
Problem Statement
The LUC Parking Standards requires that all open off-street parking and vehicular use areas be surfaced
with asphalt, concrete or other material in conformance with city specifications. This requirement can
be unnecessary for park and trail connection parking lots where a crushed gravel or similar surfacing
material would be more than sufficient for the use and capacity of the parking area.
Proposed Solution
Add specific language specifying that city-owned or other off-street parking lots which are use for parks
or trail connections points may be paved with
DRAFT Language
(c) Pavement. All open off-street parking and vehicular use areas shall be surfaced with asphalt,
concrete or other material in conformance with city specifications. Off-street parking and vehicular use
areas affiliated with a park or trail connection point shall be surfaced with gravel or another similar
inorganic material at minimum.
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10T3.5.4 Replace Large Retail Establishment Graphic
Topic
Obsolete Plan Graphic in Large Retail Establishments Section.
Section
3.5.4(D)(3).
Problem statement
A plan graphic in this Section predates the vision and standards for incorporating large
retail establishments into a more walkable town pattern, which have been developed
since the large retail establishment study and standards in 1995. A later plan graphic
better illustrates the intended integration into a street and block pattern as opposed to a
self-contained shopping center surrounded by large parking lots.
Solution Overview:
Replace the graphic.
Proposed Code Revision:
10T3.5.4(D)
(3) Site Design and Relationship to Surrounding Community.
(a) Entrances. At least two (2) sides of a large retail establishment shall feature operational
customer entrances. The two (2) required sides shall be those that are planned to have the
highest level of public pedestrian activity, one (1) of which shall also be the side that most
directly faces a street with pedestrian access. The other of the two (2) sides having an
operational customer entrance may face a second street with pedestrian access, and/or a
main parking lot area. If the large retail establishment does not include a second side
entrance that is fully operational and open to the public, then this standard shall be met by
attaching smaller retail store(s) ("liner stores") to the side of the large retail establishment
which is expected to generate the most pedestrian activity or which faces a Spublic Sstreet.
Such liner store(s) shall, to the extent reasonably feasible, occupy no less than thirty-three
(33) percent of the building elevation on which they are located and shall feature distinctive
store fronts and entrances that are significantly differentiated from the large retail
establishment in order to create strong identifiable entrance features. Entrances to the liner
store(s) may, but need not, provide access into the large retail establishment and must be
fully operational and open to customers at times that are generally equivalent to the store
hours of the large retail establishment to which they are attached. All entrances, including
those of the liner store(s), shall be architecturally prominent and clearly visible from the
abutting Spublic Sstreet. (See Figure 14.) Movie theaters are exempt from this requirement.
Figure 14
Building Entrances
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Example of a development with customer entrances on mutliple sides which
face streets.
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Amend 1.4.9(E) – Delegation of Authority - update to allow delegation outside of CDNS.
Problem Statement
The change to the Land Use Code of defining Director as the Community Development and
Neighborhood Services (“CDNS”) Director instead of the Planning Development and Transportation
(“PDT”) Director has brought up the concern of duties that the PDT Director has delegated authority to
staff outside of CDNS (such as the City Engineer). This is now problematic as the CDNS Director can only
delegate to sub-ordinate staff under this code section.
Proposed solution:
The proposed solution provides the CDNS Director the authority to delegate outside of CDNS.
DRAFT redline:
(E) Delegation of Authority. Whenever a provision appears requiring the Director or some other City
officer or employee to do some act or perform some duty, such provision shall be construed as
authorizing the Director or other such officer or employee to designate, delegate and authorize
Sprofessional-level subordinatesSanother City employee to perform the required act or duty unless the
terms of the provision specify otherwise. With respect to the review of development applications
eligible for Type 1 review, in addition to or in substitution for delegation to SsubordinatesSCity employees
as above authorized, the Director may engage the services of an attorney with experience in land use
matters.
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Amend 3.3.2(A)(2) – Development Approvals - update to allow electronic format of approved
drawings.
Problem Statement
This Section requires reproducible prints to be provided to the City in physical (Mylar) format. The City is
transitioning to these drawings being provided for approval in electronic format only and updating this
section to not specifically require Mylar prints is needed.
Proposed solution:
The proposed solution removes the words “Mylar” and “prints” to not explicitly require a physical
reproducible copy.
DRAFT redline:
(2) No improvements shall be made until all required plans, profiles, and specifications, including
reproducible plansSMylar printsS for the same, have been submitted to and approved by the City
Engineer.
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