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HomeMy WebLinkAbout2/7/2013 - Planning And Zoning Board - Agenda - Special Hearing Agenda Part Ii To Original DocumentThis information packet is in addition to the original February 7, 2013 Special Hearing Agenda materials previously posted. This a Part II to that original document. Please use the bookmark icon on your left to identify the materials from which you can make your selection. REVISED 2/6/13 SPECIAL HEARING AGENDA PLANNING AND ZONING BOARD -- CITY OF FORT COLLINS Interested persons are invited to attend and be heard at the time and place specified. Please contact the Current Planning Department for further information on any of the agenda items at 221-6750. DATE: Thursday, February 7, 2013 TIME: 6:00 P.M. PLACE: Council Chambers, City Hall West, 300 LaPorte Avenue, Fort Collins, CO A. Roll Call B. Agenda Review: If the Thursday, February 7, 2013 hearing should run past 11:00 p.m., the remaining items may be continued to Thursday, February 21, 2013 at 6:00 p.m., in the Council Chambers, City Hall West. C. Citizen Participation (30 minutes total for non-agenda and pending application topics) D. Consent Agenda: The Consent agenda consists of items with no known opposition or concern and is considered for approval as a group allowing the Planning and Zoning Board to spend its time and energy on the controversial items. Any member of the Board, staff, or audience may request an item be “pulled” off the Consent Agenda. 1. ADDITION: Land Use Code (LUC) Amendments Related to Ecological Value of Non-Native Trees, Tree Mitigation Radius, and Clerical Changes This is a request for a recommendation to City Council on the proposed Amendments to Section 3.2.1(F), 3.4.1(D)(1), – Non-native Trees and Tree Mitigation Radii so that if such trees are found by an Ecological Characterization Study to have ecological value, they are to be preserved or mitigated. Applicant: City of Fort Collins Staff: Lindsay Ex/Tim Buchanan (Web user – please go to January 17 Planning & Zoning Board agenda packet on this web site page for topic information.) E. Discussion Agenda: Specific time for public input has been set aside for discussion on the following items: The Planning and Zoning Board is the final authority on the following items: 2. Foothills Mall Redevelopment Project Development Plan, # PDP120036 This is a request for a mixed-use redevelopment of the existing Foothills Fashion Mall. As proposed, the project contains a commercial/retail component, a commercial parking structure and 800 multi-family dwelling units on 76.3 acres. The site is zoned C-G, General Commercial and is located within the Transit-Oriented Development Overlay District (TOD). Applicant: Alberta Development Partners, c/o Bryan McFarland, 5750 DTC Parkway, Suite 210, Greenwood Village, CO 80111 The Planning and Zoning Board provides a recommendation to City Council on the following items: 3. Eastside/Westside Character Study This is a request for a recommendation to City Council on a package of Land Use Code changes to address the impacts of large new single-family house construction and house additions occurring in the Neighborhood Conservation Low Density (N-C-L) and Neighborhood Conservation Medium Density (N-C-M) zoning districts, which occur in the Eastside and Westside neighborhoods near Downtown. Applicant: City of Fort Collins F. Other Business G. Adjourn Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services MEMORANDUM DT: February 6, 2013 TO: Members of the Planning and Zoning Board TH: Laurie Kadrich, Director of Community Development and Neighborhood Services FM: Lindsay Ex, Environmental Planner Tim Buchanan, City Forester RE: Special Hearing Read Before Memo: Non‐Native Trees and the Land Use Code The Land Use Code changes related to mitigation of non‐native trees were unanimously adopted by Council on First Reading on February 5, 2013. However, during the discussion, Council directed staff to amend the proposed changes to achieve the following:  Instead of only using the Ecological Characterization Study for assessing whether Russian olive and Siberian elms should be mitigated for, use the following approach: o On urban sites, Russian olive and Siberian elm would be mitigated using the 1‐6 tree replaced method as is used on all other species, but exempt smaller diameter Russian olive and Siberian elm, those of apparent wild or volunteer origin (such as those that have sprouted along fence lines and foundations) and Russian olive and Siberian elm determined to be in poor condition. o On natural sites (in Natural Habitat Buffer Zones), Russian olive and Siberian elm would be mitigated as determined in the ECS. o In addition, staff would clarify that a full range of factors, such as shade, aesthetics, canopy, and cooling values are used in the determination of tree mitigation requirements. As these changes represent enough of a departure from what was originally discussed with the Board in January, staff has requested the opportunity to review this alternate direction with the Board to receive a second recommendation prior to Council’s Second Reading of the Ordinance on February 19, 2013. Question for the Planning and Zoning Board: Does the Board recommend approval of this alternate direction for the proposed Land Use Code changes related to the mitigation of non‐native trees? This is the Staff Report the P&Z Board considered at their January 17, 2013 Hearing PROJECT: 2013 Revisions, Clarifications and Additions to the Land Use Code – Section 3.2.1(F), 3.4.1(D)(1), – Non-native Trees and Tree Mitigation Radii so that if such trees are found by an Ecological Characterization Study to have ecological value, they are to be preserved or mitigated, and Amend Sections 3.2.1(M) and 4.17(D)(1)(a) to reference the correct subsection of the Section 3.4.1 of the Land Use Code APPLICANT: City of Fort Collins PROJECT DESCRIPTION: This is a request for a Recommendation to City Council to update the Land Use Code, with the following objectives: 1. Explicitly require mitigation for Russian olive and Siberian elms that have been documented to provide ecological value, e.g., through a project’s Ecological Characterization Study. 2. Allow mitigation for Russian olive and Siberian elms to be governed by site-specific restoration methods, e.g., a more diverse range of species and caliper/height sizes, instead of requiring that trees be upsized, 3. Amend Section 3.4.1(D)(1) of the Land Use Code to specifically include non-native trees in the Ecological Characterization Study requirements; this would require new developments to evaluate the ecological value of non-native trees. 4. Amend the tree mitigation radii for mitigation trees to the following tiered approach: a. Prioritize planting mitigation trees within ½ mile radius of the project site; b. If suitable mitigation sites cannot be found within ½ mile, increase the radius to 1 mile; c. If sites for a project’s mitigation trees cannot be found within 1 mile, then the City Forester shall determine the most suitable location for tree mitigation. 5. Require mitigation for cotton bearing cottonwood and female box elder trees. 6. Apply the correct section references from Section 3.4.1 of the Land Use Code in two locations. RECOMMENDATION: Approval Land Use Code Revisions – Non-native Trees and Tree Mitigation Radius January 17, 2013 P & Z Meeting Page 2 EXECUTIVE SUMMARY: Non-Native Trees In July of 2012, members of City Council requested that staff evaluate whether or not the current regulations surrounding non-native trees, specifically Siberian elm and Russian olives, adequately addressed the ecological value these trees can provide. Currently, Siberian elm and Russian olives are classified as nuisance species, are exempt from the tree mitigation requirement, and are prohibited from being planted in the City. In addition, if located within a Natural Habitat Buffer Zone, staff has often required the removal of Russian olive trees to prevent their proliferation in proximity to natural habitats and features. Staff acknowledges these tree species can provide ecological value (see attached memo to Council for more details) and based on feedback from the City’s Park and Recreation Board and the Natural Resources Advisory Board, staff is proposing to update the Land Use Code to acknowledge and require mitigation for the value these species provide. Tree Mitigation Radius In addition, staff is proposing to change the requirement that mitigation trees must be planted within ¼ mile radius of the project site. The ¼ mile radius requirement has proved a challenge to meet, especially with infill development. Increasing the types of trees that will be required to be mitigated for could exacerbate this existing challenge. The ¼ mile radius was originally included to place off site mitigation trees close to the project and not to overly favor planting trees on City land. Most developments have preferred placing off site mitigation trees on City land due to the ease of coordination and have been constrained in placing mitigation trees on any property within the ¼ mile radius. Based on discussions with Planning and Zoning Board members during the October Work Session, a tiered approach is being proposed that requires mitigation to first take place within ½ mile of the project site, then 1 mile from the site project site. If a suitable site cannot be found within 1 mile from the project site, then the closest, suitable site within the City’s boundaries will be selected. ATTACHMENTS: 1. Draft Ordinance 2. Item 929 Problem Statement – This attachment includes the problem statement and proposed code language for the non-native trees and tree mitigation radius elements. 3. Item 923 Summary Report – This attachment includes the clerical changes needed in the Land Use Code to correctly reference certain sections of the Land Use Code. 4. Draft Minutes from the Parks and Recreation Board meeting held on December 5th, in which the Board unanimously supported the proposed changes. 5. Draft Minutes from the Natural Resources Advisory Board meeting held on December 17th, in which the Board supported the proposed changes by a vote of 8-0. One member Land Use Code Revisions – Non-native Trees and Tree Mitigation Radius January 17, 2013 P & Z Meeting Page 3 of the Board abstained from voting, as he was concerned that the existing mitigation radius standard should remain. REVISED 2/6/13 PROJECT: Foothills Mall Redevelopment, Project Development Plan, PDP #120036 APPLICANT: Alberta Development Partners c/o Bryan McFarland 5750 DTC Parkway, Suite 210 Greenwood Village, CO 80111 OWNER: Walton Foothills Holdings VI, LLC c/o Don Provost 5750 DTC Parkway, Suite 210 Greenwood Village, CO 80111 PROJECT DESCRIPTION: This is a request for a mixed-use redevelopment of the existing Foothills Fashion Mall. As proposed, the project contains a commercial/retail component, a commercial parking structure and 800 multi-family dwelling units on 76.3 acres. The site is zoned C-G, General Commercial and is located within the Transit-Oriented Development Overlay District (TOD). The project proposes to deconstruct portions of the existing Foothills Fashion Mall and renovate the original structure, for a 388,084 square foot, one-level, enclosed shopping mall. In addition, various free standing buildings including the Commons at Foothills Mall buildings, the Shops at Foothills Mall buildings, The Plaza at Foothills Mall, The Corner Bakery, Christy Sports and the Youth Activity Center building would all be deconstructed. In their place, eight new retail buildings are proposed along South College Avenue, ranging from 9,300 square feet to 31,715 square feet in size. Internal to the site, five new retail buildings are proposed to be located northwest of the existing enclosed mall. These five buildings range from 7,636 square feet to 12,000 square feet in size. To the southwest of the existing mall, four new restaurants are proposed ranging in size from 8,088 square feet to 14,000 square feet as well as a new, two story, 24,000 square foot Foothills Activity Center to replace the Youth Activity Center. Additionally, a new 86,754 square foot entertainment and theater building is proposed, located southeast of the new restaurants. The large east green area and smaller west green plazas anchor the pedestrian network. The commercial component provides a Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 2 total of 3,581 parking spaces via a six level, 84,663 square foot parking structure and surface parking spaces. In terms of the residential component, the project proposes 800 multi-family units distributed among five buildings that will include a mix of studio, one, two and three bedroom units. The unit mix would be divided in the following manner: 59 studio units; 395 one-bedroom; 319 two-bedroom and 27 three-bedroom, for a total of 1,173 bedrooms. For the residential component, 1,422 parking spaces are proposed via three separate subterranean structures (858 spaces), an above ground structure on lot 6 (472 spaces) and 92 open surface parking stalls located on lot 3. Moving along Stanford Road from north to south, Buildings 1A and 1B are primarily three stories in height transitioning down to two stories on the north elevations; Buildings 2 and 3 are four story buildings and Building 4 is a five story residential building wrapping a parking structure on the northwest corner of Stanford Road and East Monroe Drive. RECOMMENDATION: Approval with Conditions EXECUTIVE SUMMARY: The site is located within the Midtown Urban Renewal Plan (adopted, 2011) area and is identified as a targeted activity center of Community-wide importance in City Plan (adopted, 2011). The Project Development Plan (PDP) demonstrates compliance with the applicable Land Use Code (LUC) standards in conjunction with the requested modification of standards and recommended conditions of approval. Additionally, the applicant submitted a sign package with Modification of Standards relating to the signs as part of this PDP. The Modification of Standard request includes two of the ground signs proposed to be located along South College Avenue and for a number of directional signs and secondary entry signs proposed to be located within the interior of the site. All of the other signs included in the proposed sign package comply with the applicable standards. Staff is recommending Approval of the following Modification of Standards Requests relating to Section 3.8.7, Signs:  Allow more than one ground sign per lot with regard to the vehicular directional signs located on the interior of the site (Sign Type 3.1).  Allow the vehicular directional signs (Sign Type 3.1) and the two secondary entry monument signs (Sign Types 1.3A and 1.3B) to be located on the interior of the site on lots that don’t have street frontage.  Allow two electronic message center signs to be located approximately 1100 feet apart along the South College Avenue frontage abutting the development.  Allow the two, forty-five square foot electronic message center signs to exceed 50% of the total area of the sign face. Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 3 However, Staff is recommending denial of the Modification of Standard request to Section 3.8.7(M)(4)(c), allow two full-color electronic message center signs. The recommended conditions of approval can be summarized as follows:  The vacation of a portion of East Foothills Parkway (partially a public street) is a separate procedure subject to approval by City Council. A condition of approval is recommended ensuring proper completion of the vacation of this public right- of-way.  The applicant proposes to relocate the portion of the Larimer Canal No. 2 on the site as a part of their project. Wetlands have been identified around the base of the canal and the Code requires the lost ecological value of these wetlands to be mitigated. A condition of approval is recommended to ensure the completion of a separate agreement with the City’s Natural Areas department regarding off-site wetland mitigation for this project.  The elevations for the 86,754 square foot entertainment/theater building are preliminary in nature and do not provide enough specific details, such as proposed materials, to evaluate it under the Large Retail Establishment standards of Section 3.5.4. As such, Staff recommends a condition of approval requiring more detailed elevations be provided at time of Final Plan that illustrate compliance with all relevant provisions of Section 3.5.4.  In order for the PDP to meet Larimer County Urban Area Street Standards (LCUASS), a west bound right turn lane on Horsetooth Road at Stanford Road is required and recommended as a condition of approval.  As a result of the denial recommendation for the Modification of Standard request to allow the two proposed electronic message center signs (digital signs) to display messages in full color rather than one color (Section 3.8.7(M)(4)(c)), a condition of approval of the PDP requiring compliance with Section 3.8.7(M)(4)(c) is recommended. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: M-M-N, R-L Single family and Two-family residential S: C-G; Various commercial uses, the Marriott E: M-M-N; R-L Multi-family residential, Windmill Condominiums, Oakbrook Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 4 Apartments, Aspen Leaf W: C-G; Various commercial uses. The majority of the PDP was included as part of the larger 155 acre Spencer First Annexation and annexed in July of 1969. The southern part of the PDP was part of the Strachan Second Annexation in August of 1971. The property was platted in 1972 as Southmoor Village, Fifth Filing. The Foothills mall opened in 1973. An expansion to the existing Foothills Mall was approved in 1988 for anchor stores J.C. Penney, Mervyn’s and Sears. In 1995, the existing plan was amended to provide for an expansion of Foley’s (now Macy’s). In 2007, the City obtained the services of a private consultant to develop an Existing Conditions Survey for the Foothills Mall area. The Existing Conditions Survey was updated by the Urban Renewal Authority staff in 2011 with the Midtown Commercial Corridor Existing Conditions Survey. In September 2011, a Midtown Urban Renewal Plan was adopted by City Council, which included the Foothills Mall area. In January 2013, a minor amendment to the existing Foothills Mall P.U.D. for the deconstruction of the 1980’s addition (previously J.C. Penney’s) was approved. 2. Compliance with the Applicable Article Four, General Commercial District Standards: A. Section 4.21(A) – Purpose The Land Use Code states that the purpose of the General Commercial District (C- G) is: “intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some General Commercial District areas may continue to meet the need for auto-related and other auto-oriented uses, it is the City’s intent that the General Commercial District emphasize safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians.” The Foothills Mall Redevelopment PDP meets the intent of this zone district in its’ mix of uses and by providing an upgraded site design that better accommodates pedestrians than the existing Foothills Fashion Mall site. B. Section 4.21(B)(2) – Permitted Uses Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 5 The proposed uses of the site are all permitted in this zone district as either a Type 1 (administrative) or a Type 2 (Planning and Zoning Board) public hearing. In this case, pursuant to Section 1.7.2 of the Land Use Code, the more stringent hearing type governs, as a Type 2. C. Section 4.21(E)(2) – Site Design This section requires the site to be designed in such a way as to provide for pedestrian-oriented outdoor spaces creating lively, inviting areas. The PDP meets this standard in providing the east and west lawn areas. The west lawn features a large fountain as a focal point; the east lawn provides a central outdoor gathering space with seating. 3. Compliance with the Applicable Transit-Oriented Development Overlay Zone District Standards: The Foothills Mall Redevelopment PDP is located within the Transit-Oriented Development (TOD) Overlay Zone, south of Prospect Road. As such, the following standards apply: A. Section 3.10.3- Site Planning The applicable provisions of this Section require buildings to provide frontages along public streets as well as outdoor spaces, to the extent reasonably feasible. The retail buildings on lots 12-15 provide frontage along South College Avenue. Multi-family buildings 1B, 2, 3 and 4 all provide building frontage with entrances along Stanford Road. The project features an east and west lawn area, providing an outdoor central feature and gathering space for the commercial component. The multi-family buildings each provide internal courtyards for residents. The project satisfies the standards of this Code Section. B. Section 3.10.4 – Streetscape and Pedestrian Connections The project will provide street trees along South College Avenue, Stanford Road and the public portion of Monroe Drive. There is on street parking on Monroe Drive. Enhanced crosswalks will be provided at South College Avenue and Swallow Road as well as Stanford Road and Swallow Road. A 12 foot, multi-use walkway is proposed along College Avenue. The PDP meets the applicable provisions of this Section. C. Section 3.10.4(D) - Parking Structure Design The 84,663 square foot commercial parking structure contains six levels, internally located within the site on lot 8, with access gained at two points from internal drive isles along the northeast and southwest of the structure. The residential component also provides separate parking structures on lots 3 -6. The parking structures on lots Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 6 3, 4 and 5 are subterranean, located under the buildings. These parking structures gain access off of an internal private drive. An above ground structure is also provided on lot 6, serving residential building 4. This parking structure is “wrapped” by multi-family residential around the entire structure. This parking structure also gains access internally from a drive isle. This standard is intended to address access to a parking structure from public right- of-way. However, the proposed parking structures all gain access internally from private drive isles, so compliance is not required. Nevertheless, Staff is requesting the Applicant voluntarily comply with the design of auto entrances (3.10.4.(D)(3)) at time of Final Plan submittal. D. Section 3.10.5 – Character and Image Both the commercial and residential buildings of the PDP feature architectural articulation with recesses and projections that further subdivide long buildings into aesthetically compatible proportions. The multi-faceted roofs of both the commercial and residential buildings break up the massing into more human-scaled and visually interesting volumes. All commercial buildings are over 20 feet in height, meeting the requirements for height. For the commercial component, materials include a combination of stone, brick, stucco and wood paneling, highlighting the base and articulation of the structures. The colors proposed are low-reflective, earth-toned hues. The multiple store fronts along South College Avenue are unified with a repeating pattern of fenestration. All new commercial spaces have large display-type windows, with stone veneer façade accents, all within the parameters of the standard. The multi-family residential buildings feature a similar material program, employing stone veneer and brick at the base of the residential buildings. This treatment assists in establishing human scale. The color palette for the multi-family draws upon similar earth-tone hues as the commercial component, unifying the PDP and meeting the relevant provisions of the standard. 4. Compliance with the Applicable Article Three, Supplementary Regulations: A. Section 3.8.30 – Multi-family Dwelling Development Standards It is important to note that multi-family developments located in the TOD Overlay Zone are specifically exempt from the mix of housing types requirement, access to park, central feature or gathering place requirements and the building requirements. The multi-family buildings are not exempt from meeting the block or design standards. B. Section 3.8.30(D) – Block Requirements Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 7 The block requirements mandate multi-family developments to feature a series of blocks, made up of public streets, private streets or street-like private drives, no more than 7 acres in size. The standards in this code section can be satisfied by creating a “street-like private drive.” Street-like private drives are required to be designed to include travel lanes, tree-lined borders, detached sidewalks and crosswalks, similar to a public street. In addition, 40% of each block side or 50% of the total of all block sides must consist of building frontage plazas or other functional open space. There are 4 potential “blocks” within the development plan, each defined by the following features:  Block 3: This block is 4.37 acres in size. It is bounded by Stanford Road to the east and an unnamed street-like private drive to the south. This block contains residential buildings 1A and 1B. The frontage along Standford Road and long the street-like private drive is greater than the minimum 40% required.  Block 4: This block is 3.044 acres in size and contains residential building 2 on Lot 4. 7. Stanford Road is to the east and drive isles make up the other three sides. More than 50% of the total of block sides has building frontage, meeting the standard.  Block 5: This block is on the west side of Stanford Road and is 2.790 acres in size. Block 5 contains building 3 and is similar to block 4. Block 5 has more than 50% total of all the block sides consisting of building frontage.  Block 6: This block is 3.842 acres in size and contains residential building 4. It is bounded by public streets; Stanford Road and East Monroe Drive to the east and south (respectively) as well as by two private drives to the north and west. Block 6 has more than 50% total of all the block sides consisting of building frontage, meeting the standard. No block is over 7 acres in size. Given the utilization of a street-like private drive design standards, the PDP complies with the block size and structure standards. C. Section 3.8.30(F) – Design Standards for Multi-Family Dwellings This Section of the LUC addresses architecture and site design as it relates to multi- family developments. Moreover, this Section is intended to promote variety in multi- family buildings and enhance visual interest, reinforcing architectural elements Buildings 1A and 1B on Lot 3 are abutting existing single-family residences and provide a 25 foot setback, meeting the standard. Two different building designs with variations in color are required and provided. Buildings 1B, 2, 3 and 4 all have entrances visible from Stanford Road. Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 8 The rooflines of all buildings are flat; however all roofs have cornice treatments and are vertically articulated with parapets, providing sufficient detailing to meet the standard. Each multi-family building is subdivided by vertical modulations and articulated with recesses and projections, effectively mitigating their length and mass. The multi- family buildings also feature architectural embellishments such as canopies and balconies, providing an interesting façade. The multi-family buildings feature variations of stone and brick at the base, assisting in establishing human scale. The color palette of the buildings on lots 3-6 are a range of muted earth-tone shades, providing individuality among and variation between buildings. D. Section 3.8.7 – Signs The Applicant submitted a sign package with a Modification of Standard request as part of this PDP. Typically, a project’s signs are submitted separately from the PDP to the Zoning Administrator and then referred to the Zoning Board of Appeals if variances are needed. However, the Applicant requested the consideration of the sign package in conjunction with this PDP. Additionally, the Applicant submitted associated Modification of Standards requests relating to the sign package. Staff’s sign package modification request analysis is provided in an addendum to this staff report (attached). 5. Compliance with Applicable Article Three, General Development Standards: A. Section 3.2.1 – Landscaping and Tree Protection The PDP provides “full tree stocking” in accordance with this Section. The stormwater detention pond in the southeast corner of the site is landscaped with trees. Foundation shrubs are included for each building. It is important to note that Foothills Mall Redevelopment project site contains a portion of the Larimer Canal No. 2 on the western boundary of the project. With this site plan, the applicant proposes to relocate the Larimer Canal No. 2 in a box culvert along the South College Avenue frontage. While canopy trees are provided along South College Avenue, there are concerns regarding the separation distances between the existing water utilities and the proposed trees. That being said, the landscaping plan illustrates general compliance with applicable standards. The Applicant is also exploring the option of a pedestrian underpass under South College Avenue. As details of an underpass and its feasibility have yet to be finalized, the Applicant has made a commitment to consider an alternative site plan at time of Final Plan, incorporating an underpass under South College Avenue. If the Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 9 ditch were to be relocated, Staff feels there would be few barriers at time of Final Plan for the applicant to meet the applicable provisions of this section. B. Section 3.2.1(D)(3) – Minimum Species Diversity This standard requires that no one species of tree (deciduous or evergreen) will exceed the allowable 15% of the total number of trees on the landscape plan. While the proposed landscape plan does not provide a specific plant schedule detailing plant quantities and species, Staff believes the standard is met. At time of final landscape plan submittal, the Applicant intends to provide specific documentation regarding all plant species quantities in accordance with this Code section. C. Section 3.2.1(E)(3) – Water Conservation Standards Water conservation techniques and materials are incorporated into the Foothills Mall Redevelopment PDP landscape plan by the use of drought tolerant trees and moderate water use plant materials where practical. An automatic, underground irrigation system will be designed to address specific needs of different plan species, soil conditions, as well as the slope and aspect of the different hydrozones. An irrigation plan will be provided by the Applicant concurrently with their building permit application. The water budget chart provided by the Applicant calls out that the average water usage for the site is 6.35 gallons per square foot. The project meets the water conservation standards. D. Section 3.2.1(E) – Buffering Between Incompatible Uses This standard requires that specific buffering measures be taken where the uses or design of the buildings do not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses or buildings. The most pertinent application of this standard is along the shared property line to the north with the abutting single and two-family residential. In this instance, three story multi-family residential transitions from three stories down to two stories. The closest portion(s) of buildings 1A and 1B on lot 3 are two stories and setback 28 feet from the shared property line. The height of these two residential buildings at the point which they are closest to the property line is approximately 38 feet at the ridgeline. Buffering and screening is provided by a 6 foot cedar fence and transplanted mature evergreen trees, meeting the standard. E. Section 3.2.1(E)(4) – Parking Lot Perimeter Landscaping The parking consists of surface spaces, and is mostly located internal to site and screened from public right-of-way by the retail buildings on lots 12 -15 along South College Avenue. The parking is also screened from view along Stanford Road by multi-family buildings 2, 3 and 4. Along the north side of Monroe Drive, the commercial parking lot is primarily screened by 5 foot wide evergreen shrubs. With regard to the 90 multi-family surface parking spaces on lot 3, the surface parking lot is screened from the abutting single and two-family residential to the north by a 6 Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 10 foot cedar fence and evergreen trees. The perimeter of all parking lot area is adequately landscaped and meets the standard. F. Section 3.2.1(E)(5) – Parking Lot Interior Landscaping Parking lot areas dedicated on the site plan are required to devote at least 10 percent of the area of the parking lot to landscaped areas. There are no rows of parking that exceed 15 spaces. As illustrated on the landscape plan, the proposed parking lot areas provide adequate landscape islands featuring canopy trees. G. Section 3.2.1(F) – Tree Protection and Replacement As expected with an infill redevelopment site, there are a high number of existing trees. The Applicant used a private consulting arborist to conduct an inventory of the 822 existing trees on the site and determined a mitigation schedule. A tree survey and mitigation report has been submitted and reviewed by the City Forester. Of the existing trees on site, 136 are currently shown to remain in place and 686 are to be removed. A transplanting plan is under evaluation by the City Forester that could reduce the number of trees to be removed. The mitigation schedule has been reviewed and approved by the City Forester for 825 mitigation trees. The project is proposing to provide 1,172 new trees (this number includes the 825 upsized mitigation trees), and to retain 136 existing trees for a total of 1,308 trees on the project. H. Section 3.2.2 – Access, Circulation and Parking The site is served by three public streets and one proposed private drive (Foothills Parkway). Currently, there are existing gaps in sidewalk along South College Avenue. The project proposes a detached shared pedestrian and bicycle walkway that is 12 feet wide along South College Avenue. This exceeds the required width for shared bicycle and pedestrian walkways by four feet. Internally, the site features a tree lined Foothills Parkway, with 5 foot walkways providing internal pedestrian circulation. With this project, Monroe Drive will be restriped from four lanes down to two in order to accommodate on-street bicycle lanes. The PDP complies with the provisions of this Section by providing direct, safe, and continuous walkways and bicycle connections to major pedestrian and bicycle destinations in the surrounding area. I. Section 3.2.2(L) – Parking Stall Dimensions For portions of the commercial surface parking lot, the Applicant has requested a modification to the standard parking stall length of 19 feet to 18 feet for their 90 degree parking stalls. The proposed design includes a 56 foot bay dimension that maintains the 20 foot drive aisle and provides a stall length of 18 feet. Staff finds this modification request not to be necessary due to the vehicular overhang provision located in Section Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 11 3.2.2(L)(4), allowing the stall length to be reduced to 18 feet, thus satisfying the standard. J. Section 3.2.2(C)(4) – Bicycle Facilities This standard requires shopping centers to provide 1 bicycle parking space per 4,000 square feet of building with 20 percent of these spaces enclosed and 80 percent as fixed racks. As proposed, the project provides 281 bicycle parking spaces total for the commercial component. Of these 281 spaces, 56 of these spaces will be enclosed in the parking garage and 225 spaces provided via fixed bicycle racks distributed throughout the site, meeting the requirement. Multi-family residential is required to provide 1 bike parking space per bedroom with a minimum of 60% of these spaces enclosed. The PDP proposes 1,173 bedrooms and the project will provide 1,176 enclosed residential bike parking spaces, located within the internal parking structures and exterior bicycle lockers. The project meets the standard. K. Section 3.2.2(C)(5)- Walkways This standard requires the PDP to provide continuous walkways that directly connect street sidewalks to building entrances. The PDP provides these required walkways, all of which are a minimum of 6 feet wide, linking the public sidewalks with building entries through the parking fields, meeting the standard. L. Section 3.2.2(E) – Parking Lot Layout This Section of the LUC requires parking lots to provide logical, convenient and well- defined vehicular, pedestrian and bicycle routes as well as to mitigate large surface parking fields by segmenting them into smaller components via landscape islands. The PDP provides landscape islands with raised curbs, defining parking drive aisle entrances and ends and mitigating the redevelopment sites’ existing constraints. Further, this definition facilitates multi-modal circulation routes. The surface parking lots are segmented into smaller fields of less than 200 spaces, meeting the standard. M. Section 3.2.2(K)(1) - Required Number of Off-street Parking Spaces The site is located within the Transit-Oriented Development Overlay District in which there are no minimum residential parking requirements; however there are parking maximums for nonresidential uses. For shopping centers, the LUC allows 5 parking spaces per 1,000 square feet of commercial space. The project proposes 734,790 square feet of non-residential square footage and therefore is allowed 3,674 parking spaces maximum. The project provides 3,581 parking spaces (parking structure and surface combined), meeting the standard. If the project were not located in the TOD, the residential component would be required to provide a minimum of 1,294 parking Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 12 spaces. As previously stated, the multi-family units are not required to provide any parking, however they provide 1,422 parking spaces via four subterranean structures (858 spaces), an above ground structure on lot 6 (472 spaces), and 92 open surface parking stalls located on lot 3. The combined commercial and residential parking spaces totals to 5,003. N. Section 3.2.2(K)(5) – Handicap Parking The code requires 46 handicap parking spaces for this project, which includes one van- accessible parking space. The proposal complies with Section 3.2.2(K)(5) by providing 76 handicapped parking spaces, 25 located within the commercial parking structure on lot 8 and 51surface spaces. The project has approximately 15 van accessible surface parking spaces distributed around the site. O. Section 3.2.3(D) - Shading This section sets a maximum shading standard, similar to the standard provided in Section 3.5.1(G). The applicant has provided a shadow analysis. Multi-family buildings 1A and 1B located on Lot 3 will cast shadow on to adjacent property. The shadow analysis illustrates that the shadows cast by Buildings 1A and 1B would not have a substantial adverse impact on the distribution of light on adjacent property more than three months over and above that of a hypothetical 25 foot wall. P. Section 3.2.4 – Site Lighting The Land Use Code states that the purpose of the Site Lighting Section is: “to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. Exterior lighting shall be evaluated in the development review process to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties or neighborhood.” The Applicant is proposing an Alternative Compliance (LUC 3.2.4(E)) method of lighting the site, as the lighting plan employs some fixtures that are not fully shielded and down directional pursuant to the requirements of this Section. The proposed alternative compliance request is to be “considered based on the extent to which the proposed design protects natural areas from light intrusion, enhances neighborhood continuity and connectivity, fosters nonvehicular access, and demonstrates innovative design and use of fixtures or other elements.” Taken as a whole, the commercial component has soft, decorative lighting that will not negatively impact surrounding neighborhoods. The up-casting fixtures shine on commercial buildings, producing ambient light that does not seem to diffuse onto adjacent properties due to the buffering of the proposed multi-family residential. The Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 13 multi-family residential does not employ any up lighting. Please see the applicant’s alternative compliance request letter (attached). Staff finds that the proposal for alternative compliance accomplishes the purposes of Section 3.2.4 equally well as lighting plan which complies with the standards of the section. It complies with previously mentioned review criteria, in that the lighting plan protects natural areas from light intrusion because there are no natural areas near the site, enhances neighborhood continuity and connectivity, and fosters non-vehicular access by providing softly lit sidewalks and plaza space for pedestrians, and demonstrates innovative design by the quantity and design of fixtures as well as the means in which it softly reflected off of commercial building walls. Maximum on-site lighting levels will not exceed 10 foot-candles and there will not be any off-site spillage or glare into the surrounding neighborhoods. Q. Section 3.4.1– Natural Habitats and Features The Foothills Mall project site contains a portion of the Larimer Canal No. 2 on the western boundary of the project. While the irrigation canal does not serve as a wildlife corridor, 0.15 acres of wetlands have formed at the base of the canal, as confirmed by the Ecological Characterization Study. As the applicant proposes to relocate the Larimer Canal No. 2 as a part of their project, and per the standards set forth in Section 3.4.1 of the Land Use Code, this wetland will be mitigated in a manner that replaces the ecological value lost from its disturbance. Based on site visits, staff discussions with Natural Areas staff, and the project’s Ecological Characterization Study, the existing wetland is of a low quality, as it is isolated from other wetlands and its position within the City’s urban landscape. To meet the requirements of Section 3.4.1, 0.15 acres of wetlands will be mitigated through the creation of an additional 0.15 acres of wetlands. The Applicants are working with the City’s Natural Areas Department to mitigate the wetland within the Poudre River Corridor, where the 0.15 acres of wetlands replaced would exceed the value of the existing wetland. As this agreement has yet to be finalized, staff recommends that the commitment to mitigate these wetlands be made a condition of approval. R. Section 3.5.1 – Building and Project Compatibility The compatibility standards of this section require that the physical and operational characteristics of the proposed buildings and uses are compatible when considered within the larger context of the surrounding area. The Land Use Code provides the following definition of the term “compatibility”: “Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 14 Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.” The definition of compatibility is unique as no single element of the compatibility definition is essentially equivalent to a compatibility test; rather it is a contextually driven notion and is derived somewhat independently based on circumstances on a case-by- case basis. 1. Section 3.5.1 (B) - Architectural Character This standard requires new development to establish an enhanced standard of quality for future projects in the area when there is no definitive area character. Since there is no definitive architectural character of the area, the PDP sets an enhanced standard by providing architectural articulation, features and detailing with a mix of exterior materials such as stone, brick and stucco. The flat roofs are mitigated with cornice treatments and parapets providing vertical articulation. 2. Section 3.5.1(C) - Building Size, Height, Bulk, Mass, Scale This standard requires the mass of buildings to be articulated and subdivided in a way that promotes compatibility with the surrounding area. The PDP complies with this standard in that the commercial buildings have projecting elements that mitigate the mass and help define pedestrian scale. Additionally, the proposed multi-family buildings are larger than the existing residential buildings in the surrounding area. As mitigation, the buildings are sub-divided into modules defined by their projecting and recessed components. The flat roofs with cornice treatments help lower the overall height. The mix of materials proposed assist in providing vertical relief and pedestrian scale. 3. Section 3.5.1(D) - Privacy Considerations This standard requires that the PDP minimize infringement on the privacy of adjoining uses. At the same time, the standard requires that there be opportunities for interactions among neighbors without sacrificing privacy or security. This standard primarily applies to the multi-family residential component. The south elevations of Buildings 1A and 1B are three stories, transitioning down to two stories with the north elevation. Per the landscape plan, there will be evergreen trees planted between Buildings 1A and 1B and the north property line. The properties to the north are separated from the majority of Buildings 1A and 1B by a 25 foot buffer yard and a parking lot that is 49 feet wide. The combination of the height transition down to two stories, landscaping Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 15 and distance provide sufficient considerations, ensuring the privacy of the existing residents to the north. 4. Section 3.5.1(E), (F) - Building Materials and Color These standards require that building materials shall either be similar to the materials already being used in the neighborhood or, if dissimilar materials are being proposed, other characteristics such as scale, and proportions, form, architectural detailing, color, texture shall be utilized to ensure compatibility. In terms of building color, the standard requires color shades that not only blend into the neighborhood context but also unify the development. As mentioned, there is no defined architectural character in the immediate vicinity or in the General Commercial zone district. The proposed commercial buildings use a combination of stone, masonry and stucco as the primary exterior materials. Proposed building colors are natural, muted earth tones. These materials are similar to building materials used in the surrounding commercial area and provide an enhanced level of quality for future commercial buildings. The multi-family residential buildings employ materials such as masonry, lap wood siding and stucco in muted earth tone colors. These materials and color combinations can be found in the surrounding area. The arrangement of these materials and color, in combination with other features such as canopied entries, balconies, cornices and fenestration meet the Land Use Code requirements. 5. Section 3.5.1(G) - Building Height Review This Section applies to proposed buildings that exceed 40 feet in height and evaluates the potential impacts on desirable views, the distribution of light on adjacent property, privacy and neighborhood scale. In terms of views, the new multi-family residential buildings do not substantially impact views to the west due to the mature trees, existing mall, surrounding commercial buildings in tandem with the existing grade, already block views of the mountains from Stanford Road. The Applicant provided a shadow analysis. Section 3.5.1(G(1)(a)(2) states that adverse impacts include, but are not limited to, the casting of shadows on adjacent property sufficient to preclude the functional use of solar energy technology, creating glare such as reflecting sunlight or artificial lighting at night, contributing to the accumulation of snow and ice during the winter on adjacent property, and the shading of windows or gardens for more than three months of the year. As proposed, buildings 1A and 1B on lot 3 transition from three stories down to two stories as they approach the abutting single and two-family residential, which mitigate the impact of shadowing on the abutting properties. Residential buildings 2, 3 and 4 are separated from the adjacent Windmill Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 16 Condominiums and Oakbrook Apartments by 61 feet of right-of-way (Stanford Road). Staff concludes that shadows cast by these buildings would not have a substantial adverse impact on the distribution of natural and artificial light on adjacent private property for more than three months over and above that which is the present condition. In terms of privacy, as previously mentioned, buildings 1A and 1B on lot 3 share a property line with single and two-family residential to the north. The south elevations of Buildings 1A and 1B are three stories, transitioning down to two stories with the north elevation. Per the landscape plan, there will be mature evergreen trees transplanted between Buildings 1A and 1B and the north property line. The properties to the north are separated from the majority of Buildings 1A and 1B by a 25 foot buffer yard and a parking lot that is 49 feet wide. The combination of the height transitioning down to two stories, mature landscaping and buffer distance provide sufficient privacy considerations as it relates to the existing residential to the north. a. Section 3.5.1(G)(1)(a)(4) - Building Height Review, Neighborhood Scale This subsection requires buildings greater than 40 feet in height to be compatible with the scale of the neighborhoods in which they are situated in terms of relative height, height to mass, length to mass and building or scale to human scale. The table below outlines the height, length and width of the proposed multi-family buildings along Stanford Road. It should be noted that the LUC regulates the measurement of building height in Section 3.8.17, requiring the height to be from finished ground level to the highest point of the roof surface. That being said, the heights below are the highest point, and the buildings feature vertical articulation to break up the roof plain, so “average” height, as experienced by pedestrians or adjacent properties, may be perceived lower. Building /Lot Number Max Height Length Width Bldg. 1A, lot 3 48 feet 382 feet 64 feet (avg.) Bldg.1B, lot 3 43 feet 349 feet 64 feet (avg.) Bldg. 2, lot 4 54 feet 484 feet (east elevation) 154 feet Bldg. 3, lot 5 54 feet 554 feet 193 feet (south elevation) Bldg. 4, lot 6 64 feet 444 feet 300 feet (avg.) Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 17 The adjacent Windmill Apartment buildings are three stories, or approximately 34 feet tall, with seven buildings ranging from 150 to 225 feet in length. Oakbrook Apartments, another apartment complex to the east is also three stories, about 38 feet tall and features two buildings, both 435 feet in length. To the west, the existing Macy’s building is approximately 27 feet tall and about 400 feet in length and width. While the proposed multi-family buildings are larger than most buildings in the area, the scale can be considered compatible given the relative height and mass of other existing buildings such as the mall and surrounding multi-family residential. The scale is further mitigated by the articulation of the multi-family buildings and the use of stone or masonry at the base of the buildings assisting with providing human scale. S. Section 3.5.1(H) – Land Use Transition This standard requires that project compatibility be achieved by consideration of scale, form, materials, color, buffer yard and operational standards. In this instance, multi- family buildings 1A and 1B transition down from three stories (48 feet in height) to two stories (38 feet in height) as they approach the abutting single and two-family residences. In terms of buffering, in this area, the north property line will include a six foot cedar fence as well as transplanted (mature) evergreen trees. In addition, as previously mentioned, there is a 25 foot setback from the multi-family building and north property line. However, the majority of the building mass is separated by an internal parking area. With regard to operational characteristics of the multi-family buildings, trash dumpsters are fully enclosed within the multi-family buildings and no lighting spillover in excess of the lighting standard will occur. Overall, staff has considered the cumulative effects of the issues related to compatibility and pertinent issues have been addressed. In addition, it is important to note there is no one single standard in the Land Use Code that would be equivalent to a compatibility test. In fact, the definition of Compatibility specifically states that it “…does not mean the same as.” Rather, the Code breaks the issues down to number of specific standards that are intended to address potential impact mitigation. The PDP has been evaluated by these standards is found to be in compliance. T. Section 3.5.1(I) – Outdoor Storage Areas/Mechanical Equipment The Applicant has provided notes 4, 5 and 7 on the site plan stating that all rooftop mechanical, loading docks, electrical transformers, conduit, meters and vents are screened in accordance with this LUC Section. U. Section 3.5.2(C)– Relationship of Dwellings to Streets and Parking This standard requires that every front façade with a primary entrance shall face the public street and be within 200 feet of a connecting walkway, or within 350 feet of a major walkway spine, to the extent reasonably feasible. A connecting walkway, as defined in Article 5, means “any street sidewalk, or any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 18 across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route.” Buildings 1B, 2 and 3 all front on Stanford Road and have entrances along the street frontage connecting to public sidewalk. In the case of Building 1A, the building is oriented to a street-like private drive that provides a connecting walkway. Building 4 has frontage on both Stanford Road and Monroe Drive, with the entrance and connecting walkway on Monroe Drive. V. Section 3.5.3– Mixed Use, Institutional and Commercial Buildings. The standards of this Section require commercial buildings to have a defined relationship with public streets by providing frontage and connecting walkways to building entrances. The buildings located on lots 12-15, provide building frontage along College Avenue with connecting walkways and sidewalks. The articulation of the buildings break up the volumes and are integrally related to entries, building structure and the organization of interior space. W Section 3.5.3(D)- Character and Image The proposed project contributes to the uniqueness of the General Commercial zone district and sets a higher bar for future mixed-use projects in the area. The design’s emphasis on pedestrian spaces and more urban streetscapes are tailored to this site both in terms of its immediate context and its wider context within the zone district, especially in relation to the Max Bus Rapid Transit station. The walls of the new commercial buildings have defined bays, multiple changes in plane, materials and texture. All buildings have been designed with appropriate base and top treatments including brick and stone veneer bases and roof forms with cornice treatments and vertical parapets. X. Section 3.5.4 - Large Retail Establishments This section of the LUC addresses the design of retail buildings greater than 25,000 square feet in size, with the intent of providing an enhanced level of quality and ensuring that a ubiquitous prototype is avoided. Generally speaking, the mall itself could be considered one large retail establishment that meets the intent of the standards; having multiple entrances, connecting walkways, enhanced materials and a unique design aesthetic. More specifically in this instance, this Section applies to two buildings; the proposed 86,754 square foot entertainment/theater building on lot 7 and 31,715 square foot retail building located on lot 15. Since the elevations of the entertainment/theater building are still in flux, Staff recommends a condition of approval requiring the Applicant to illustrate full compliance with the provisions of this section at time of Final Plan. 1. 3.5.4(C)(1)(a) – Facades and Exterior Walls Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 19 This standard requires facades greater than 100 feet in length to have articulation greater than 3 percent of the façade length for at least 20 percent of the length of the façade. For the 31,715 square foot building on lot 15, the façade is 300 feet in length and is required to have a minimum articulation depth of 9 feet. The building has an articulated end with a depth of over 9 feet for over 60 feet of the façade, meeting the standard. For the 86,754 square foot entertainment building, the north façade is 278 feet in length and has recesses and projections of 8 feet for 95 feet of the façade, meeting the standard. The south elevation is 263 feet in length with recesses and projections of more than 8 feet for 86 feet of the façade, meeting the standard. The east and west elevation are approximately 170 feet long and are required to have a recess depth of at least 5 feet (3%) for 34 feet (20%). These elevations also meet the standard. 2. 3.5.4(C)(1), (2)– Aesthetic Character - Detail Features, Roofs, Materials and Colors, Entryways These standards require detail features such as material changes, color changes, architectural reveals, entryway details as well as speaking to roof proportions. Along the College Avenue frontage, the retail building on Block 15, provides a color, texture and material change, from a light stone to beige stucco, satisfying the standard. As previously mentioned, the entertainment/theater building in its preliminary form did not provide sufficient details for Staff to evaluate these standard(s), thus a condition of approval is recommended (please reference commercial elevation sheets A233 – A237). The applicant also submitted a Modification of Standard request to this Section as it relates to the Macy’s building facade. Staff has determined that this Modification of Standards request is not necessary due to the fact that Macy’s is an existing building and is not increasing its square footage with this PDP. Therefore, Section 3.8.20, Expansions and Enlargements of Existing Buildings, does not apply, and the existing building is not subject to Section 3.5.4. 3. 3.5.4(C)(4)(a) – Pedestrian Circulation This standard requires eight foot sidewalks along all sides of the lot that abut a public street. In this instance an 8 foot wide sidewalk is provided along South College Avenue and the public portion of Monroe Drive as it relates to the 31,715 square foot retail building located on lot 15. The entertainment/theater building is located on lot 7, which does not abut a public street. Y. Section 3.5.4(C)(5) – Central Features and Community Space Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 20 The PDP features the West and East Lawn Community areas. The West Lawn is the smaller of the two public greens and features a fountain with a pedestrian seating. The East Green is larger and also provides outdoor seating. The East Lawn anchors the development and provides a central feature drawing pedestrians in. Additionally, the PDP includes the Foothills Activity Center (FAC) located on Block 1E as a community amenity. The FAC will replace the deconstructed Youth Activity Center. The details of the Foothills Activity Center are still being finalized with the Applicant and the City’s Recreation Department. Z. Section 3.5.4(C)(6) – Delivery and Loading Operations The PDP will require that no delivery, loading, trash removal or compaction or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. As has been past practice, a sign stating a prohibition on idling engines will be posted in the loading area. AA. Section 3.6.2 (I) – Streets, Streetscapes, Alleys and Easements This LUC Section states that, “Streetscape design and construction, including medians and parkways, shall conform to the Larimer County Urban Area Street Standards as approved and amended by the City Council from time to time by ordinance or resolution.” The construction of the west bound right turn lane is warranted pursuant to the Larimer County Urban Area Street Standards (LCUASS) Section 8.2.6 Exclusive Right Turn Lanes, as determined by Figure 8-4 in LCUASS. The right turn lane on Horsetooth Road at Stanford Road is required because the number of turning vehicles identified in the traffic study meets the LCUASS criteria for when a right turn lane needs to be provided. As a condition of approval, Staff recommends that the Applicant be required to construct a west bound right turn lane on Horsetooth Road at Stanford Road prior to the issuance of any certificates of occupancy. BB. Section 3.6.4 – Transportation Level of Service Requirements This section states that, “all development plans shall adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards for the following modes of travel: motor vehicle, bicycle and pedestrian.” The City’s Traffic Engineering Department reviewed the submitted Transportation Impact Study (TIS). The TIS addresses traffic impacts over the short range (2015) and the long rang (2035). The TIS presented the project in two ways; one contrasting the mall’s current condition to the mall as it would have been when it was a fully occupied Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 21 and to the PDP (as proposed). The second scenario presented was the mall as it would have been when fully occupied contrasted to the proposed PDP. The City’s Traffic Engineer determined the second scenario to be most appropriate, due to the mall’s declining state resulting in the existing condition of reduced traffic on some of Fort Collins’ arterials. The TIS shows that the proposed project would generate about 9 -10 percent more weekday daily traffic than the Foothills Mall would have when it was fully occupied. Evening rush hour traffic would be about 2 percent higher, and Saturday peak hour traffic about 3 percent higher than a fully occupied existing mall. The TIS reviewed each of the surrounding intersections plus two new College Avenue access points. The TIS determined that most locations will only experience mild impacts on existing traffic volumes. More specifically, two areas were of heightened concern: the South College Avenue and Horsetooth Road intersection as well as intersections along the congested stretch of Horsetooth between Stanford and College Avenue. TIS identified that dual north/south left turn lanes were needed at the South College Avenue and Horsetooth Road intersection. The City previously identified those improvements in the current Capital Projects Improvement Plan with a tentative construction date in 2015. Per City policies, the project is permitted to use those improvements in their short and long term traffic analysis. With these improvements in tandem with signal timing adjustments, the intersection of South College Avenue and Horsetooth Road will continue to meet City Level of Service standards, meeting the Code requirements. This information is provided in an addendum to the TIS. While the intersection of John F. Kennedy (JFK) Parkway and Stanford Road met requirements for the addition of west bound right turn lanes, the PDP is not required to construct the improvement at the JFK Parkway intersection. This is due to existing condition constraints, as the right turn lane and a west bound bike lane on Horsetooth Road cannot both be accommodated without acquiring additional land and impacting buildings along the north side of Horsetooth Road. It was determined that the bike lane was of greater need in that location and the addition of the Stanford Road right turn lane would assist in capturing much of the JFK Parkway turning traffic heading to the redeveloped mall site. With the recommended public improvements, the PDP adequately provides the vehicular, pedestrian and bicycle facilities necessary to maintain the City’s adopted Level of Service standards. The TIS makes the following conclusions and recommendations related to the traffic impacts of the proposed development:  Restripe existing pedestrian crosswalks at signalized intersections and install pedestrian countdown signals to improve pedestrian access to and from the west; Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 22  Provide a west bound right turn lane on Horsetooth Road at Stanford Road;  Addition of two new right-in, right-out intersections on College Avenue;  Restripe East Monroe Drive between South College Avenue and JFK Parkway with bike lanes;  Vacate the existing Foothills Mall right-of-way, just east of College Avenue thru the mall site;  The City’s multi-modal Level of Service Standards can be achieved; and  The PDP is feasible from a traffic engineering standpoint. CC. Section 3.6.5 – Transit Facilities Standards This standard requires new developments to accommodate existing and planned transit routes by providing transit stops and associated facilities. In anticipation of Transfort’s future transit service plans, the PDP provides three Transfort bus stop locations: one along the east side of South College Avenue, south of East Foothills Parkway; one located on East Foothills Parkway; and one on the west side of Stanford Road, north of East Monroe Drive, adjacent to multi-family building three. The project meets the standards of this Section. 7. Compliance with Applicable Article Two, Administration: A. Section 2.2.2 – Neighborhood Meetings A neighborhood meeting was held on September 21, 2012 at the Youth Activity Center, 415 East Monroe Drive. There was general public support for the overall project, particularly the economic component of the redevelopment. Some concerns were raised regarding the multi-family residential and associated traffic as well as the displacement of existing retailers. A summary from this meeting is attached. The Project Development Plan satisfies the applicable requirements of Article 2, Administration, as required by Section 2.2.8 of the Land Use Code. 8. Conclusion and Findings of Fact: In evaluating the Foothills Mall Redevelopment PDP, staff makes the following findings of fact: A. The Foothills Mall Redevelopment PDP demonstrates sufficient compliance with the applicable standards of Article Four – General Commercial (C-G) Zone District. B. The Foothills Mall Redevelopment PDP demonstrates sufficient compliance with the applicable standards of Article Three – General Development Standards with the exception of the two proposed full-color digital signs. Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 23 C. The Foothills Mall Redevelopment PDP demonstrates sufficient compliance with the applicable standards in Division 3.10, Transit-Oriented Development Overlay Zone District. D. The vacation of the public portion of Foothills Parkway is a separate process that must be properly completed in conjunction with the PDP and Final Plan. E. The lost ecological value of the wetlands at the base of the Larimer Canal No. 2 must be appropriately mitigated off-site via a separate agreement with the City. F. A west bound right turn lane on Horsetooth Road at Stanford Road must be constructed prior to the issuance of any certificates of occupancy in order for the PDP to comply with the Larimer County Urban Area Street Standards. G. The two proposed full color electronic message center signs are not compliant with the provisions of Section 3.8.7 and the sign package must be revised in order to comply with Section 3.8.7, Signs. RECOMMENDATIONS Staff recommends approval of the Foothills Mall Redevelopment Project Development Plan and all but one of the five Modification of Standard to Section 3.8.7 requests, subject to the following conditions: 1. The approval by City Council of the vacation of the public right-of-way portion of Foothills Parkway via a separate procedure. 2. Successful completion of off-site wetland mitigation via a separate agreement with the City. 3. Detailed elevations of the entertainment/theater building must be provided at time of Final Plan, clearly illustrating compliance with the applicable Large Retail Establishment standards of Section 3.5.4 of the Land Use Code. 4. A west bound right turn lane on Horsetooth Road at Stanford Road must be constructed prior to the issuance of any certificates of occupancy. 5. If electronic message centers with full color capability are installed, that the method of display can only be a single color at a time as per Section 3.8.7(M)(4)(c). ATTACHMENTS 1. Connectivity Site Plan A104 Foothills Mall Redevelopment, PDP # 120036 February 7, 2013 Planning and Zoning Board Hearing Page 24 2. Site Plan A102 3. Site Plan A103 4. Landscape Plan 5. Commercial Elevations 6. Residential Elevations 7. Subdivision Plat 8. Lighting Plan 9. Lighting Alternative Compliance Request Letter 10. Traffic Study 11. WITHDRAWN Modification Request Letter 12. WITHDRAWN Request for Modifications Letter 13. Parking Lot Monroe Landscaping Exhibit 14. Parking Site Plan Exhibit 15. Neighborhood Meeting Notes 16. Citizen Comments 17. WITHDRAWN Original Sign Package Exhibit 18. 8 foot Walkway Exhibit 19. Revised Sign Package Exhibit 20. Revised Sign Package Modification Request Letter 21. Sign Location Plat Configuration 22. Staff Analysis of Sign Package Modification Request Site Plan W Enlargements 02/05/13 REV NORTH SCALE: 1”=50’ 0’ 25’ 50’ 100’ BLOCK 15 BLOCK 7 FOOTHILLS Redevelopment 1 SIGNAGE & WAYFINDING FOOTHILLS A301 RESTROOMS MEN’S RESTROOM WOMEN’S RESTROOM HANDICAPPED STAIRS BIKE PARKING DIRECTIONAL ARROW PARKING PROJECT SYMBOLS SACKERS GOTHIC STD LIGHT - LIGHT ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 0123456789 FOOTHILLS PROJECT FONTS THE FABRICATOR SHALL LEGALLY ACQUIRE AT THEIR OWN EXPENSE ALL PROJECT FONTS FROM THE SPECIFIED DISTRIBUTORS. 505 DESIGN WILL NOT PROVIDE COPIES OF LICENSED FONTS. PROJECT LOGO 505 DESIGN WILL PROVIDE THE FABRICATOR WITH ELECTRONIC ART- WORK AS REQUIRED. 505 DESIGN WILL PROVIDE THE FABRICATOR WITH ELECTRONIC ART- WORK AS REQUIRED. A302 C: 50 M: 70 Y: 80 K: 70 C: 50 M: 50 Y: 60 K: 25 C: 25 M: 25 Y: 40 K: 00 C: 00 M: 80 Y: 95 K: 00 C: 38 M: 00 Y: 99 K: 50 PAINTS & FINISHES ALL PAINTS AND FINISHES SHALL MATCH EXACTLY THE COLOR, FINISH, AND TEXTURE AS NOTED. OTHER MATERIALS ALL PAINTS AND FINISHES SHALL MATCH EXACTLY THE COLOR, FINISH, AND TEXTURE AS NOTED. VINYL COLOURS ALL PAINTS AND FINISHES SHALL MATCH EXACTLY THE COLOR, FINISH, AND TEXTURE AS NOTED. A303 A304 2.1 BUILDING ENTRY ID. 3.1 VEHICULAR DIRECTIONAL SIGN 3.1 5.1 4.1 VALET DROP-OFF 1.1 PROJECT ENTRY PYLON 1.2 PROJECT ENTRY MONUMENT 1.3 SECONDARY PROJECT ENTRY MONUMNET 1.4 PROJECT ENTRY MARKER SIGN FAMILY EXTERIOR SITE SIGNAGE EXTERIOR PROJECT ENTRY PYLON 1.1 QTY: 02 PROJECT ENTRY MONUMENT 1.2-A QTY: 02 PROJECT ENTRY MONUMENT 1.2-B QTY: 02 BUILDING ENTRY ID. 2.1 QTY: 04 RESIDENTIAL SIGNAGE DESIGN TBD - BY OTHERS 5.1 QTY: 03 VEHICULAR DIRECTIONAL SIGN 3.1 QTY: 10 VALET DROP-OFF 4.1 QTY: 02 SECONDARY ENTRY MONUMENT 1.3-A QTY: 02 SECONDARY ENTRY MONUMENT 1.3-B QTY: 01 PROJECT ENTRY MARKER 1.4 QTY: 06 A305 PLAN VIEW: EXTERIOR SITE PLAN N 1 SCALE - 1” = 100’ 1.1 006 1.2-B 005 1.3-A 020 1.2-B 002 1.2-A 003 1.2-A 004 1.1 001 2.1 016 3.1 028 3.1 029 1.5 022 1.4 021 1.4 024 1.4 030 1.5 025 1.5 031 1.3-A 019 2.1 017 2.1 008 3.1 011 4.1 014 3.1 012 3.1 026 3.1 023 2.1 027 3.1 018 3.1 007 3.1 009 3.1 010 4.1 015 1.3-B 013 SIGN TYPE POWER REQUIRED LOCATION NUMBER X.X 000 SIGN LOCATION PLAN EXTERIOR LOCATION PLAN - DETAILS A, B, C, D, E & F SIGN TYPE / LOCATION KEY: 2.1 BUILDING ENTRY ID. 3.1 VEHICULAR DIRECTIONAL SIGN 1.1 PROJECT ENTRY PYLON 1.2 PROJECT ENTRY MONUMENT 1.3 SECONDARY PROJECT ENTRY MONUMENT 1.4 PROJECT ENTRY MARKER SIGN TYPE KEY: SITE SIGNAGE 5.1 RESIDENTIAL PLACEHOLDER 4.1 VALET DROP-OFF A306 LOT 12 LOT 14 LOT 12 TRACT A TRACT D LOT 13 LOT 15 LOT 13 LOT 14 LOT 15 SIGN TYPE POWER REQUIRED LOCATION NUMBER X.X 000 SIGN LOCATION PLAN EXTERIOR LOCATION PLAN - DETAILS SIGN TYPE / LOCATION KEY: 2.1 BUILDING ENTRY ID. 3.1 VEHICULAR DIRECTIONAL SIGN 1.1 PROJECT ENTRY PYLON 1.2 PROJECT ENTRY MONUMENT 1.3 SECONDARY PROJECT ENTRY MONUMENT 1.4 PROJECT ENTRY MARKER SIGN TYPE KEY: SITE SIGNAGE PLAN DETAIL A PLAN DETAIL B PLAN DETAIL C PLAN DETAIL D PLAN DETAIL E PLAN DETAIL F 1.1 001 1.1 006 1.2-B 002 1.2-B 005 1.2-A 004 1.2-A 003 5.1 RESIDENTIAL PLACEHOLDER 4.1 VALET DROP-OFF A307 5.1 RESIDENTIAL PLACEHOLDER 4.1 VALET DROP-OFF LOT 9 LOT 10 TRACT A TRACT A TRACT B TRACT B TRACT B TRACT B TRACT B TRACT C TRACT C TRACT D TRACT N SIGN TYPE POWER REQUIRED LOCATION NUMBER X.X 000 SIGN LOCATION PLAN EXTERIOR LOCATION PLAN - DETAILS SIGN TYPE / LOCATION KEY: SIGN TYPE KEY: SITE SIGNAGE PLAN DETAIL A PLAN DETAIL B PLAN DETAIL C PLAN DETAIL D PLAN DETAIL E PLAN DETAIL F 3.1 012 3.1 009 3.1 007 3.1 011 3.1 010 1.3-B 013 2.1 BUILDING ENTRY ID. 3.1 VEHICULAR DIRECTIONAL SIGN 1.1 PROJECT ENTRY PYLON 1.2 PROJECT ENTRY MONUMENT 1.3 SECONDARY PROJECT ENTRY MONUMENT 1.4 PROJECT ENTRY MARKER A308 LOT 3 LOT 3 LOT 2 LOT 6 LOT 6 LOT 5 TRACT N TRACT G TRACT G TRACT M TRACT K LOT 2 LOT 2 TRACT I TRACT H TRACT F TRACT E 5.1 RESIDENTIAL PLACEHOLDER 4.1 VALET DROP-OFF SIGN TYPE POWER REQUIRED LOCATION NUMBER X.X 000 SIGN LOCATION PLAN EXTERIOR LOCATION PLAN - DETAILS SIGN TYPE / LOCATION KEY: SIGN TYPE KEY: SITE SIGNAGE PLAN DETAIL A PLAN DETAIL B PLAN DETAIL C PLAN DETAIL D PLAN DETAIL E PLAN DETAIL F 3.1 029 3.1 026 3.1 023 1.3-A 020 3.1 028 1.3-A 019 3.1 018 2.1 BUILDING ENTRY ID. 3.1 VEHICULAR DIRECTIONAL SIGN 1.1 PROJECT ENTRY PYLON 1.2 PROJECT ENTRY MONUMENT 1.3 SECONDARY PROJECT ENTRY MONUMENT 1.4 PROJECT ENTRY MARKER A309 5.1 RESIDENTIAL PLACEHOLDER 4.1 VALET DROP-OFF LOT 3 LOT 4 LOT 4 LOT 5 LOT 5 LOT 6 TRACT M TRACT J TRACT I SIGN TYPE POWER REQUIRED LOCATION NUMBER X.X 000 SIGN LOCATION PLAN EXTERIOR LOCATION PLAN - DETAILS SIGN TYPE / LOCATION KEY: SIGN TYPE KEY: SITE SIGNAGE PLAN DETAIL A PLAN DETAIL B PLAN DETAIL C 1.4 024 1.4 030 1.4 021 5.1 031 5.1 025 5.1 022 2.1 BUILDING ENTRY ID. 3.1 VEHICULAR DIRECTIONAL SIGN 1.1 PROJECT ENTRY PYLON 1.2 PROJECT ENTRY MONUMENT 1.3 SECONDARY PROJECT ENTRY MONUMENT 1.4 PROJECT ENTRY MARKER A310 SIGN TYPE 1.1 PROJECT ENTRY PYLON PERSPECTIVE VIEW: PROJECT ENTRY PYLON 1 SCALE - Not To Scale A311 ANCHOR TENANT TENANT TENANT TENANT THEATRE SIGN TYPE 1.1 PROJECT ENTRY PYLON SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. PROJECT LOGO - Dimensional internally illuminated letterforms w/ edge or halo illuminations techinique. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. DISPLAY - Electronic media display, per fabricators recomendation. Sides are to be finished with painted metal panels. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. TENANT NAMES - 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. PROJECT LOGO - Dimensional internally illuminated letterforms w/ edge or halo illuminations techinique. SIDE ELEVATION: PROJECT ENTRY PYLON 1 SCALE - 1/2” = 1’-0” ELEVATION: PROJECT ENTRY PYLON 2 SCALE - 1/2” = 1’-0” PLAN VIEW: PROJECT ENTRY PYLON 3 SCALE - 1/2” = 1’-0” SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. SQUARE FEET OF SIGN FACE: 90 SF. TOTAL SQUARE FEET PER SIGN: 180 SF. A312 SIGN TYPE 1.2-A PROJECT ENTRY MONUMENT SIDE ELEVATION: PROJECT ENTRY MONUMENT 4 SCALE - 1/2” = 1’-0” ELEVATION: PROJECT ENTRY MONUMENT 3 SCALE - 1/2” = 1’-0” PERSPECTIVE VIEW: PROJECT ENTRY MONUMENT 1 SCALE - Not To Scale PLAN VIEW: PROJECT ENTRY MONUMENT 2 SCALE - 1/2” = 1’-0” SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. PROJECT MONOGRAM - 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. ANCHOR TENANT TENANT TENANT THEATRE SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. PROJECT MONOGRAM - 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. 1.2-A 004 1.2-A 003 SQUARE FEET OF SIGN FACE: 47.5 SF. TOTAL SQUARE FEET PER SIGN: 95 SF. 5'-0" 2'-5" 5'-0" 9'-6" 2'-6" 12'-0" 9'-6" 2'-6" 12'-0" 2'-5" A313 SIGN TYPE 1.2-B PROJECT ENTRY MONUMENT SIDE ELEVATION: PROJECT ENTRY MONUMENT 3 SCALE - 1/2” = 1’-0” ELEVATION: PROJECT ENTRY MONUMENT 2 SCALE - 1/2” = 1’-0” PLAN VIEW: PROJECT ENTRY MONUMENT 1 SCALE - 1/2” = 1’-0” SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. ELEVATION: PROJECT ENTRY MONUMENT 4 SCALE - 1/2” = 1’-0” SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. PROJECT LOGO- 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. ANCHOR TENANT TENANT TENANT THEATRE MEDIA DISPLAY - Full colour capable media display panels. Only two colours will be programed until sign code is altered. PROJECT MONOGRAM - 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. 1.2-B 005 1.2-B 002 SQUARE FEET OF SIGN FACE: 47.5 SF. TOTAL SQUARE FEET PER SIGN: 95 SF. 5'-0" 2'-5" 5'-0" A314 4'-0" 17'-0" 8'-0" 4-8" 11'-8" 4-0" 21'-0" SIDE ELEVATION: SECONDARY ENTRY MONUMENT SIGN 2 SCALE - 1/2” = 1’-0” PERSPECTIVE: SECONDARY ENTRY MONUMENT SIGN 1 SCALE - Not To Scale ELEVATION: SECONDARY ENTRY MONUMENT SIGN 3 SCALE - 1/2” = 1’-0” PLAN VIEW: SECONDARY ENTRY MONUMENT SIGN 4 SCALE - 1/2” = 1’-0” SIGN TYPE 1.3 SECONDARY ENTRY MONUMENT SIGN SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. PROJECT LOGO - Dimensional internally illuminated letterforms w/ edge or halo illumination techinique. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. 3'-8" 3'-8" 5'-3" 8'-0" 8'-11" SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. BASE - Poured concrete foundation skinned w/ locally sourced stone. PROJECT LOGO - Dimensional internally illuminated letterforms w/ edge or halo illumination techinique SQUARE FEET OF SIGN FACE: 63 SF. TOTAL SQUARE FEET PER SIGN: 63 SF. A315 4'-0" 17'-0" 8'-0" 4-8" 21'-0" SIDE ELEVATION: SECONDARY ENTRY MONUMENT SIGN 2 SCALE - 1/2” = 1’-0” ELEVATION: SECONDARY ENTRY MONUMENT SIGN 3 SCALE - 1/2” = 1’-0” SIGN TYPE 1.3 SECONDARY ENTRY MONUMENT SIGN SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. PROJECT LOGO - Dimensional internally illuminated letterforms w/ edge or halo illumination techinique. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. 3'-8" 8'-0" SQUARE FEET OF SIGN FACE: 63 SF. TOTAL SQUARE FEET PER SIGN: 63 SF. PERSPECTIVE: SECONDARY ENTRY MONUMENT SIGN 1 SCALE - Not To Scale PLAN VIEW: SECONDARY ENTRY MONUMENT SIGN 4 SCALE - 1/2” = 1’-0” 4'-0" 17'-0" 4'-0" 21'-0" PROJECT LOGO - Dimensional internally illuminated letterforms w/ edge or halo illumination techinique. BASE - Poured concrete founda- tion skinned w/ locally sourced stone,. To be incorporated into walls. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommen- A316 ELEVATION: PROJECT ENTRY MARKER 3 SCALE - 3/4” = 1’-0” PERSPECTIVE: PROJECT ENTRY MARKER 1 SCALE - Not To Scale SIDE ELEVATION: PROJECT ENTRY MARKER 4 SCALE - 3/4” = 1’-0” SIGN TYPE 1.4 PROJECT ENTRY MARKER SQUARE FEET OF SIGN FACE: 19 SF. TOTAL SQUARE FEET PER SIGN: 57 SF. PLAN VIEW: PROJECT ENTRY MARKER 2 SCALE - 3/8” = 1’-0” SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. PROJECT MONOGRAM - 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. PROJECT MONOGRAM - 4.5” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. 2'-0" 9'-5" 2'-6" 12'-0" 9'-5" 2'-6" 12'-0" 2'-0" 2'-0" 2'-0" A317 ENLARGED ELEVATION: BUILDING ENTRY ID. 3 SCALE - 3/4” = 1’-0” ELEVATION: BUILDING ENTRY ID. - ENTRY #1 2 SCALE - 1/4” = 1’-0” SIGN TYPE 2.1 BUILDING ENTRY ID. LETTER FORMS - Edge illuminated channel letters. Face and back painted metal. Returns painted performated metal w/ translucent white acrylic internal diffuser . 2'-0" EXISTING STRUCTURE - Dimensional letters mounted directly onto structure over existing building entries. PERSPECTIVE VIEW: BUILDING ENTRY ID. 1 SCALE - Not To Scale SQUARE FEET OF SIGN FACE: 44 SF. TOTAL SQUARE FEET PER SIGN: 44 SF. A318 PLAN VIEW: VEHICULAR DIRECTIONAL 2 SCALE - 1/2” = 1’-0” 3'-10" 1'-4" 8'-0" 3'-10" 6'-2" 1'-8" 8'-0" 6'-2" 1'-8" 1'-4" THEATRE EAST PLAZA ANCHOR WEST PLAZA ANCHOR FOOTHILLS SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. DIRECTIONAL MESSAGE - Changable real wood or faux wood panel w/ precision cut painted metal letters. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. PROJECT LOGO - 3” cap height internally illuminated push through acrylic letters. Illumination source is to be LED. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. SIGN CABINET - Real wood or faux wood structure w/ internal illumination as required per fabricators recommendation.. ILLUMINATION - Perforated metal panel w/ acrylic diffuser panel mounted on inside of sign cabinet. Internal illumination is to gradiate from top to bottom, per fabricators recommendation. BASE - Poured concrete founda- tion skinned w/ locally sourced stone. ELEVATION: VEHICULAR DIRECTIONAL 3 SCALE - 1” = 1’-0” PERSPECTIVE: VEHICULAR DIRECTIONAL 1 SCALE - Not To Scale SIDE ELEVATION: VEHICULAR DIRECTIONAL 4 SCALE - 1” = 1’-0” SIGN TYPE 3.1 VEHICULAR DIRECTIONAL SIGNAGE SQUARE FEET OF SIGN FACE: 24 SF. TOTAL SQUARE FEET PER SIGN: 24 SF. A319 SIGN TYPE 4.1 VALET DROP OFF ID. 11’-0” ENLARGED ELEVATION: VALET PARKING ID. 4 SCALE - 1 1/2” = 1’-0” ENLARGED ELEVATION: VALET PARKING ID. 2 SCALE - 3/8” = 1’-0” ENLARGED SIDE VIEW: VALET PARKING ID. LETTERFORM 3 SCALE - HALF SIZE PERSEPCTIVE VIEW: VALET PARKING ID. 1 SCALE - Not To Scale 1'-0" 1'-0" 8" LETTER FORMS - Edge illuminated channel letters. Face and back painted metal. Returns painted performated metal w/ translucent white acrylic internal diffuser . MOUNTING - suspded from existing cross beams w/ internal mechanical fastners. All exposed fastners are to be counter sunk and painted to match. EXISTING STRUCTURE - Dimensional letters mounted directly onto existing porte cochere. AFF PERFORATION - 20% open perforated pattern metal panel with translucent white acrylic deffuser panel mounted behind perforation. LETTERFORM - Fabricated metal channel letter face is to be be painted contrasting colour from returns. SQUARE FEET OF SIGN FACE: 15.5 SF. TOTAL SQUARE FEET PER SIGN: 15.5 SF. 008901\0002\1794321.  2 1 505Design Foothills Mall Signage Modification Request Introduction Overall, Staff has noted several areas where the proposed sign package for the Foothills Mall redevelopment Project deviates from the provisions of the Fort Collins Land Use Code ("LUC") in relative to signage. The applicant understands that the proposed sign package exceeds the restrictions in the LUC with respect to size, number of modules per sign and color restrictions, and therefore requests modifications to the LUC standards as set forth herein. The applicant's design team believes that these modifications are required to ensure the success of the Project. Despite these modifications, the sign package does not include any compromises in quality of materials or design, which will minimize the potential for any negative visual impact resulting from the modifications to the LUC standards. The sign package has been designed to provide a unified, aesthetically pleasing and exciting theme for the Project, as well as to improve wayfinding and tenant visibility. Following receipt of staff's comments, the design team revised the sign package to reduce the degree of deviation from the LUC, reducing height and square footage of signs wherever possible without reducing effectiveness of the overall plan. Additionally, a second set of reductions and changes to the sign package were made following recent meetings with staff. Further reductions could hamper the ability of the Project to educate customers and the traveling about the new configuration of the site, the community amenities, and the new tenants. Additionally, further reductions will reduce the ability of the Project to meet tenant requirements and compromise the success of the Project. Following is an explanation of the requested modifications, and the need for them. ________________________________________________________________ Sign Type 1.1: Project Entry Pylon Sign Location Number: 001, 006 A: Sec. 3.8.7 (G)(2) – taller than 12’, larger than 90s.f. per side 505Design's Response to A: 505Design has revised the sign location plans to comply with the above cited code. B: Sec. 3.8.7 (M)(4)(C) – full color electronic message center sign 2 505Design's Response to B: 505Design has revised the sign location plans to comply with the above cited code. C: Sec. 3.8.7 (M)(4)(H) – more than one electronic message center sign on College Avenue. 505Design's Response to C: 505Design has revised the sign location plans to comply with the above cited code. D: 3.8.7 (G)(6) – more than one ground sign per lot per street (with Types 1.2 and 1.4) 505Design's Response to D: 505Design has revised the sign location plans to comply with the above cited code. E: Section 3.8.7 (G)(1) – appears to be set back less than 15’ from street ROW 505Design's Response to E: 505Design has revised the sign location plans to comply with the above cited code. LUC 2.8.2 allows the City to grant a modification of standards if it finds the granting of the modification would not be detrimental to the public good, and if it meets one of the additional four criteria: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city- wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed Project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the Project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, 008901\0002\1794321.  2 3 or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The proposed modifications for the Project Entry Pylons meet criteria (2)(3) and (4). First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions, and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. The overall sign package is designed to accomplish these goals by providing a tastefully designed and aesthetically pleasing but still modern and dynamic system of communicating with the public. The Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. 4 ________________________________________________________________ Sign Type 1.2-A: Project Entry Monument Sign Location Number: 003, 004 A: 3.8.7(G)(6) – more than one ground sign per lot per street (with Types 1.1 and 1.4) 505Design's Response to A: 505Design has revised the sign location plans to comply with the above cited code. B: 3.8.7(G)(1) – appears to be setback less than 15’ from street ROW 505Design's Response to B: 505Design has revised the sign location plans to comply with the above cited code. LUC 2.8.2 allows the City to grant a modification of standards if it finds the granting of the modification would not be detrimental to the public good, and if it meets one of the additional four criteria: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city- wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed Project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the Project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or 008901\0002\1794321.  2 5 (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The proposed modification for the Project Entry Monument meets criteria (2)(3) and (4). First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions, and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. The overall sign package is designed to accomplish these goals by providing a tastefully designed and aesthetically pleasing but still modern and dynamic system of communicating with the public. The Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. ________________________________________________________________ 6 Sign Type 1.2-B: Project Entry Monument (Electronic Media Displays) Sign Location Number: 002, 005 A: Sec. 3.8.7 (M)(4)(C) – full color electronic message center sign 505Design's Response to A: 505Design has revised the sign location plans to include two (2) double sided monument signs. The additional signs, sign type 1.2-B will contain one full color electronic digital media (EMD) display on the side facing oncoming traffic. There will be a total of two electronic media displays along College Ave. The second side will display halo illuminated primary tenants names. 505Design has made a concerted effort to design the signs in compliance with every aspect of the code keeping in mind overall height, total square footage, and positioning on the property. However, the signs have been designed with the EMD displays for the following reasons: Many of the national brands located on the east side of the mall property have little or no visibility from College Avenue. The redevelopment of the Foothills Shopping District will also include multiple national tenants on the east side of the mall, all of whom will require visibility from College Avenue as a precondition to selecting this location. In Projects similar to this district, tenants require that they have a large presence on the main road frontage as well as pylon signs or monument signs on all major entrances to the mall. The remaining area of the sign is considered decorative which will enhance the character of Foothills Mall and help define it as a unique shopping district. This sign type will set a precedent for beautifully designed signs for future developments in Fort Collins, Colorado. Additionally, the Project redeveloper, Walton Foothills Holdings IV, LLC, ("Walton Foothills") has requested that 505 Design incorporate an electronic media display ("EMD") into the Project Entry Monument Signs. The intent is to allocate display time to different tenants allowing them to feature different products and services. The displayed media will meet all the digital sign requirements set forth in the LUC, however, 505Design and Alberta Development request that a modification for full color to be made in order more precisely and accurately display movie posters, fashion images or other "electronic posters.” The digital signage will bring awareness to patrons driving along college avenue helping to drive revenue and bring further awareness to the Foothills Shopping District. B: Sec. 3.8.7(M)(4)(d) – The maximum allowed size of an electronic message center shall be fifty percent (50%) of the total area of the sign face. 505Design’s Response to B: The Project Entry Monument Signs with EMD screens have been added to the Foothills Mall sign program to bring awareness to the wide array of national tenants and their products and services. The digital screen only exceeds the 008901\0002\1794321.  2 7 maximum allowed size by 6.85 square feet. The total area of the sign face is illustrated at 47.5 square feet and the digital display is drawn at 30.5 square feet. The dimensions of the display verses the dimension of the total sign face have been properly proportioned and stay true to the Project-wide design ascetics. Additionally the sign code permits EMD screens to exist up to 45 square feet. 505Design thoughtfully designed this sign at a significantly reduced scale that of the total allowance. C: Sec. 3.8.7(M)(4)(h) – With respect to sign permits issued after December 30, 2011, no more than one (1) electronic message center sign shall be allowed to face each street abutting or within any property and/or site specific development plan. The minimum horizontal distance between electronic message center signs located on the same side of a street shall be one hundred (100) feet measured in a straight line. 505Design’s Response to C: The two Sign Type 2.1 B locations have been located exactly 1164.32 feet apart. While originally drawn on sign type 1.1 as two, two sided electronic displays, the electronic media panels have been reduced to one per sign, totaling two displays. The signs are located a significant distance apart: two streets and six buildings separate these signs from each other. The signs have been strategically located so that the digital face is oriented in the direction of oncoming traffic and so the digital screens face away from each other. LUC 2.8.2 allows the City to grant a modification of standards if it finds the granting of the modification would not be detrimental to the public good, and if it meets one of the additional four criteria: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city- wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed Project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the Project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, 8 or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The proposed modifications for the Project Entry Monument EMD display signs meet criteria (2)(3) and (4). First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions, and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. The overall sign package is designed to accomplish these goals by providing a tastefully designed and aesthetically pleasing but still modern and dynamic system of communicating with the public. This system will not only promote the individual tenants and their offerings on an ever-changing basis, but also can be used to promote community events such as the farmer’s market, movie nights, ice skating, and the holiday tree lighting. These events, and the tenant’s needs, cannot be effectively communicated within the constraints of the monochrome limits of the existing code. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. 008901\0002\1794321.  2 9 Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. ________________________________________________________________ Sign Type 1.3: Secondary Project Entry Monument Sign Location Number: 013, 019, 020 A: 3.8.7(G)(1) – appears to be setback less than required. 505Design's Response to A: 505Design has revised the sign location plans to comply with the above cited code. B. 3.8.7(G)(6) – located on lots that don’t have street frontage 505Design's Response to B: Many of the Project Entry Monuments have been located on lots that do not have street frontages due to the scale of this Project. Foothills Mall is located on a 77 acre lot and will contain over one million square feet of retail space. To accurately identify and navigate the Project, it is required that many of the signs are located along primary interior streets. These signs are interior to the site and will not be easily seen from streets or the perimeter. LUC 2.8.2 allows the City to grant a modification of standards if it finds the granting of the modification would not be detrimental to the public good, and if it meets one of the additional four criteria: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city- wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed Project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the Project practically infeasible; or 10 (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The proposed modification to the Secondary Project Entry Monument sign type meets criteria (2)(3) and (4). First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions, and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. One of the major blight factors identified in the Midtown Urban Renewal Plan is a deficiency in the pedestrian and vehicular circulation on the site. The need for the signs proposed to be located on lots which do not have street frontage is created in part by the need to address this deficiency by providing an improved overall wayfinding scheme. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. The proposed signs in and throughout the property 008901\0002\1794321.  2 11 which are not located along a street frontage are designed to ensure ease of mobility for the public throughout the site. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. ________________________________________________________________ Sign Type 1.4: Project Entry Marker Sign Location Number: 021, 024, 030 A: 3.8.7(G)(1) – appear to be setback less than 15’ from ROW 505Design's Response to A: 505Design has revised the sign location plans to comply with the above cited code. B: 3.8.7(G)(6) – more than one ground sign per lot per street (with Types 1.1 & 1.2 on College and with other Type 1.4’s on Stanford) 505Design's Response to B: 505Design has revised the sign location plans to comply with the above cited code. ________________________________________________________________ Sign Type 2.1: Building Entry ID Sign Location Number: 008, 016, 017, 027 No Code Violations ________________________________________________________________ Sign Type 3.1: Vehicular Directional Signage Sign Location Number: 007, 009, 010, 011, 012, 018, 023, 026, 028, 029 A: 3.8.7(G)(6) – No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property 505Design's Response to A: All Vehicular Directional Signage has been designed to carry directional signage for 5 major tenants in addition to the name of the shopping district. None of the signs have been located along a public street; most, if not all, are not legible from 12 a public street, because the majority of the streets within the Project site are or will be private street-like drives under the LUC and LCUASS. Each sign has been designed at 23.5 square feet at eight (8)feet tall, which is the minimal size these signs can be to maintain a the required degree of legibility for vehicles traveling between 15 and 30 miles per hour. Given the scale of Foothills Mall and the number of national this sign type must exceed the above-cited code. There are numerous venues and destinations that must be displayed at a legible scale, which will not fit in a 4s.f. sign. Part of the current challenge faced by the Foothills Mall is the confusion patrons experience in attempting to navigate the site. Both vehicles and pedestrians must be able to find and easily navigate to all major tenants, amenities and the mall entrances. Therefore the scale, number and number of tenants must be displayed at a reasonable level. B: 3.8.7(G)(6) – located on lots that don’t have street frontage 505Design's Response to B: 505Design has made every possible effort to locate all Vehicular Directional Signs on lots that have street frontages. However, the large scale of Foothills, a 77 acre lot that will contain over one million square feet of retail space, requires that several of these sign be located internally within the Project to accurately identify and navigate to destination through the Project. These signs are interior to the site and will not be easily seen from streets or the perimeter. LUC 2.8.2 allows the City to grant a modification of standards if it finds the granting of the modification would not be detrimental to the public good, and if it meets one of the additional four criteria: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city- wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed Project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the Project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, 008901\0002\1794321.  2 13 provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The proposed modification to the Vehicular Directional Signage signs meet criteria (2)(3) and (4). First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions, and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. The best way to ensure the success of the Project is to ensure that the traveling public, both on College Avenue and interior to the site, know and understand what tenant and community offerings are available within the site. In order to do so, these larger signs are needed. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. 14 ________________________________________________________________ Sign Type 4.1: Valet Drop Off Sign Location Number: 014, 015 No Code Violations ________________________________________________________________ Book No: Drawn by: Reviewed: Date: FOOTHILLS MALL REDEVELOPMENT SUBDIVISION Project No: FORT COLLINS, COLORADO PROPOSED SIGN LOCATION AND LOT/TRACT CONFIGURATION PROPOSED SIGN LOCATION LEGEND NOT TO SCALE SIGNS WITHIN LOT 1 ARE BUILDING ENTRY ID SIGNS AND VALET DROP-OFF SIGNS NOT A MONUMENTED SURVEY. NOTES 1 PROJECT: Foothills Mall Redevelopment, Project Development Plan, PDP #120036 – Modification of Standards Request for Signage APPLICANT: Alberta Development Partners c/o Bryan McFarland 5750 DTC Parkway, Suite 210 Greenwood Village, CO 80111 OWNER: Walton Foothills Holdings VI, LLC c/o Don Provost 5750 DTC Parkway, Suite 210 Greenwood Village, CO 80111 PROJECT DESCRIPTION: This is a request for modifications to numerous sections of the sign regulations contained in Section 3.8.7 of the Land Use Code. RECOMMENDATION: Approval of the following: 1. Allow more than one ground sign per lot with regard to the vehicular directional signs located on the interior of the site (Sign Type 3.1). 2. Allow the vehicular directional signs (Sign Type 3.1) and the two secondary entry monument signs (Sign Types 1.3A and 1.3B) to be located on the interior of the site on lots that don’t have street frontage. 3. Allow two electronic message center signs to be located approximately 1100 feet apart along the South College Avenue frontage abutting the development. 4. Allow the two, forty-five square foot electronic message center signs to exceed 50% of the total area of the sign face. Denial of the following: 2 1. Deny the request to allow the two electronic message center signs to be full color. EXECUTIVE SUMMARY: Section 3.8.7 contains regulations that govern the size, height, location, and design requirements for signs on private property. The applicant has submitted modification requests for two of the ground signs proposed to be located along South College Avenue and for a number of directional signs and secondary entry signs proposed to be located within the interior of the site. All of the other signs included in the proposed sign package comply with the applicable standards. COMMENTS: 1. Background The applicant has requested modifications to the following standards: 1. Section 3.8.7(G)(6) – allow ground signs that are proposed to be located on the interior of the site to be on lots that don’t have street frontage. 2. Section 3.8.7(G)(6) - allow ten on-site vehicular directional signs to not be counted toward the maximum number of ground signs allowed. 3. Section 3.8.7(M)(4)(c) – allow the two proposed electronic message center signs (digital signs) to display messages in full color rather than one color. 4. Section 3.8.7(M)(4)(d) – allow the size of the electronic message center signs to exceed fifty percent (50%) of the total area of the sign face. 5. Section 3.8.7(M)(4)(h) – allow more than one electronic message center sign per street per development. Specifically, there are two such signs proposed along College Avenue. 2. Review Criteria A. Land Use Code Section 2.8.2 – Modification of Standards: (H) Step 8 (Standards): The decision maker may grant a modification of standard only if it finds that the granting of the modification would not be detrimental to the public good, and that: 3 (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3) or (4). 3. First Modification – Section 3.8.7(G)(6): A. Standard – ground signs must be located on lots that have street frontage. Section 3.8.7(G)(6) reads as follows: (6) No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property; excepting, however, election signs authorized in Section 3.8.7(C)(1)(g) and 3.8.7(D)(2), and for sale and for rent signs authorized 4 in Section 3.8.7(C)(1)(c) and 3.8.7(D)(3). No freestanding or ground sign shall contain more than three (3) cabinets or modules. B. Description of the Modification The applicant is proposing two different types of signs to be located interior to the site. Sign Type 1.3 consists of two, eight foot tall secondary entry monument signs, one proposed to be located at the entry into the mall off of the previously vacated section of Monroe Drive and the other at the entry off of the to-be- vacated Foothills Parkway. Sign type 3.1 consists of 10 vehicular directional signs at various locations within the vehicular use area of the site. None of these signs are located on lots that have street frontage. C. Summary of Applicant’s Justification In the request for modification letter, the applicant states that a modification of this standard is justified as set forth in Section 2.8.2(H)(2),(3), and (4) of the Land Use Code: Many of the Project Entry Monuments have been located on lots that do not have street frontage due to the scale of this Project. Foothills Mall is located on a 77 acre lot and will contain over one million square feet of retail space. To accurately identify and navigate the Project, it is required that many of the signs are located along primary interior streets. These signs are interior to the site and will not be easily seen from street or the perimeter. First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. One of the major blight factors identified in the Midtown Urban Renewal Plan is a deficiency in the pedestrian and vehicular circulation on the site. The need for signs proposed to be located on lots which do not have street frontage is created in part by the need to address this deficiency by providing an overall wayfinding scheme. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper 5 its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. The proposed signs in and throughout the property which are not located along a street frontage are designed to ensure ease of mobility for the public throughout the site. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the project. D. Staff Evaluation of the First Modification Request Section 2.8.2(H)(3) – The applicant states that the proposed signs in and throughout the property which are not located along a street frontage are designed to ensure ease of mobility for the public throughout the site. The development encompasses over 70 acres, with many venues, buildings, and destinations. These factors constitute an exceptional and unique situation that necessitates some signage be located interior to the site to identify main entry points into the parking lot and helpful directional signs within the parking lot. Not allowing such signs would result in practical difficulties and hardship upon the developer to create a safe and user friendly development. Section 2.8.2(H)(4) – The proposal to allow the two sign types on lots without street frontage deviates from the standard in a nominal, inconsequential way when considered from the perspective of the entire development plan. The signs that are the subject of this modification are not visible from College Avenue or from Stanford Road. 4. Second Modification – Section 3.8.7(G)(6) A. Standard - no more than one ground sign per lot. Section 3.8.7(G)(6) reads as follows: (6) No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property; excepting, however, election signs authorized in Section 3.8.7(C)(1)(g) and 3.8.7(D)(2), and for sale and for rent signs authorized 6 in Section 3.8.7(C)(1)(c) and 3.8.7(D)(3). No freestanding or ground sign shall contain more than three (3) cabinets or modules. B. Description of the Modification Sign type 3.1 consists of 10 vehicular directional signs at various locations within the vehicular use area of the site. Each sign is 8’ tall and 23.5 square feet in size. Since these directional signs are larger than 4 square feet, they count towards the allowable number of ground signs per lot, which is only one. C. Summary of Applicant’s Justification In the request for modification letter, the applicant states that a modification of this standard is justified as set forth in Section 2.8.2(H)(2),(3), and (4) of the Land Use Code: All vehicular directional signage has been designed to carry directional signage for 5 major tenants in addition to the name of the shopping district. None of the signs have been located along a public street; most if not all, are not legible from a public street, because the majority of the streets within the Project site are or will be private street-like drives under the LUC and LCUASS. Each sign has been designed at 23.5 square feet at eight (8) feet tall, which is the minimal size these signs can be to maintain the required degree of legibility for vehicles traveling between 15 and 30 miles per hour. Given the scale of Foothills Mall and the number of national tenants this sign must exceed the above-cited code. There are numerous venues and destinations that must be displayed at a legible scale, which will not fit in a 4 s.f. sign. Part of the current challenge faced by the Foothills Mall is the confusion patrons experience in attempting to navigate the site. Both vehicles and pedestrians must be able to find and easily navigate to all major tenants, amenities and the mall entrances. Therefore the scale, number and number of tenants must be displayed at a reasonable level. 505Design has made every possible effort to locate all Vehicular Directional Signs on lots that have street frontage. However, the large scale of Foothills, a 77 acre site that will contain over one million square feet of retail space, requires that several of these signs be located internally within the Project to accurately identify and navigate to destinations through the Project. These signs are interior to the site and will not be easily seen from streets or the perimeter. First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions and the lack of investment on the property are an identified problem of Citywide concern, and the proposed 7 redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. The best way to ensure the success of the Project is to ensure the traveling public, both on College Avenue and the interior to the site, know and understand what tenant and community offerings are available within the site. In order to do so, these larger signs are needed. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the project. D. Staff evaluation of the second modification request Section 2.8.2(H)(3) – The development encompasses over 70 acres, with many venues, buildings, and destinations. These factors constitute an exceptional and unique situation that necessitates some signage be located interior to the site to direct customers to their destination in a safe and efficient manner. Not allowing such signs would result in practical difficulties and hardship upon the developer to create a safe and user friendly development. The vehicular use area consists of many decision points for a motorist, and adequate, visible signage is needed at those points. Section 2.8.2(H)(4) – The proposal to allow the ten vehicular directional signs deviates from the standard in a nominal, inconsequential way when considered from the perspective of the entire development plan. The signs that are the subject of this modification are not visible from any street. 5. Third Modification – Section 3.8.7(M)(4)(c) A. Standard – No full color electronic message centers are allowed. 8 Section 3.8.7(M)(4)(c) reads as follows: (c) A displayed message must be presented in a single color, value and hue and the background must also be a single color, value and hue. B. Description of the modification: The sign code allows for electronic message center (EMC) signs, but requires that the message be displayed in only one color at a time. The applicant is proposing two such signs be located along College Avenue, and each proposed to display messages in full color (more than one color at a time). The signs on which the EMC’s will be placed are two-sided signs, but the EMC will be placed only on the side facing oncoming traffic. C. Summary of Applicant’s justification: In the request for modification letter, the applicant states that a modification of this standard is justified as set forth in Section 2.8.2(H)(2),(3), and (4) of the Land Use Code, and states that: …a concerted effort to design the signs in compliance with every aspect of the code keeping in mind overall height, total square footage, and positioning on the property. However, the signs have been designed with the EMC displays for the following reasons: Many of the national brands located on the east side of the mall property have little or no visibility from College Avenue. The redevelopment of the Foothills Shopping District will also include multiple national tenants on the east side of the mall, all of whom will require visibility from College Avenue as a precondition to selecting this location. In projects similar to this district, tenants require that they have a large presence on the main road frontage as well as pylon signs or monument signs on all major entrances to the mall. The remaining area of the sign is considered decorative which will enhance the character of Foothills Mall and help define it as a unique shopping district. This sign type will set a precedent for beautifully designed signs for future developments in Fort Collins, Colorado. Additionally, the Project redeveloper, Walton Foothills Holdings IV, LLC, (“Walton Foothills”) has requested that 505Design incorporate an electronic medial display (EMD) into the Project Entry Monument Signs. The intent is to allocate display time to different tenants allowing them to feature different products and services. The displayed media will meet all the digital sign requirements set forth in the LUC, however 505Design and Alberta Development request that a modification for full color be made in order to more precisely and accurately display movie posters, fashion images or other “electronic posters”. The digital signage will bring awareness to patrons driving along College Avenue helping to drive revenue and bring further awareness to the Foothills Shopping District. 9 First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. The overall sign package is designed to accomplish these goals by providing a tastefully designed and aesthetically pleasing but still modern and dynamic system of communicating with the public. This system will not only promote the individual tenants and their offerings on an ever-changing basis, but also can be used to promote community events such as farmer’s markets, movie nights, ice skating, and the holiday tree lighting. These events, and the tenant’s needs, cannot be effectively communicated within the constraints of the monochrome limits of the existing code. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. D. Staff evaluation of the third modification request Staff believes that the applicant has not demonstrated how this modification request satisfies any of the four modification standards, and further believes that the granting of this variance would be detrimental to the public good. 10 Staff spent 2011 revising the City’s digital sign regulations, and the revisions adopted by City Council included a ban on full-color displays. The year-long process included many public meetings and other public outreach opportunities and considerable involvement by the local business community. The current regulations do allow message centers capable of displaying messages in full color, as long as they’re programmed in such a manner that the message is displayed in one color at a time. The applicant could consider installing the full color capable modules now, programing them as currently required but allowing the method of display to easily be changed in the event our code is amended in the future to allow full color displays. 6. Fourth Modification – Section 3.8.7(M)(4)(d) A. Standard – The size of an electronic message center (EMC) is limited to not more than 50% of the sign face. Section 3.8.7(M)(4)(d) reads as follows: (d) The maximum allowed size of an electronic message center shall be fifty percent (50%) of the total area of the sign face. B. Description of the modification: Two of the proposed ground signs along College Avenue are proposed to contain an EMC. Specifically, the Sign Type 1.2B signs will be double-side with the message display area of one side of the sign face of each sign being entirely an EMC. The sign faces, including the cabinet and other decorative elements are 47.5 square feet, and the actual message display area is 30.5 square feet. Therefore, the EMC is 64% of the total area of the sign. C. Summary of Applicant’s Justification: In the request for modification letter, the applicant states that a modification of this standard is justified as set forth in Section 2.8.2(H)(2),(3), and (4) of the Land Use Code, and states that: The Project Entry Monument Signs with EMD screens have been added to the Foothills Mall sign program to bring awareness to the wide array of national tenants and their products and services. The digital screen only exceeds the maximum allowed size by 6.85 square feet. The total area of the sign face is illustrated at 47.5 square feet and the digital display is drawn at 30.5 square feet. 11 The dimensions of the display versus the dimension of the total sign face have been properly proportioned and stay true to the Project-wide design ascetics. Additionally, the sign code permits EMD screens to exist up to 45 square feet. 505Design thoughtfully designed this sign at a significantly reduced scale to that of the total allowance. First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. The overall sign package is designed to accomplish these goals by providing a tastefully designed and aesthetically pleasing but still modern and dynamic system of communicating with the public. This system will not only promote the individual tenants and their offerings on an ever-changing basis, but also can be used to promote community events such as farmer’s markets, movie nights, ice skating, and the holiday tree lighting. These events, and the tenant’s needs, cannot be effectively communicated within the constraints of the monochrome limits of the existing code. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. D. Staff evaluation of the fourth modification request: 12 Section 2.8.2(H)(1) – Sign Type 1.2B is proposed to be 47.5 square feet per face. The sign could be enlarged by adding additional graphics, up to 90 square feet total, and the proposed 30.5 square foot EMC would then comply with the code and a modification would not be required. The purpose of this standard is to help ensure quality design of signs containing an EMC. Staff believes that the proposed sign is well designed, containing a substantial base and other design elements that match those proposed on the other signs in the development, and that the plan submitted promotes the general purpose of the standard equally well or better than would a sign that is double in size with additional graphics. Section 2.8.2(H)(4) – Staff believes that the proposed sign diverges from the standard only in a nominal, inconsequential way when considered from the perspective of the entire development plan. The EMC size exceeds the maximum allowed by only 6.85 square feet. 7. Fifth Modification – Section 3.8.7(M)(4)(h) A. Standard – no more than one electronic message center (EMC) sign per street per development. Section 3.8.7(M)(4)(h) reads as follows: (h) With respect to sign permits issued after December 30, 2011, no more than one (1) electronic message center sign shall be allowed to face each street abutting or within any property and/or site specific development plan. The minimum horizontal distance between electronic message center signs located on the same side of a street shall be one hundred (100) feet measured in a straight line. B. Description of the modification: The applicant is proposing two ground signs that contain an EMC (Sign Type 1.2B). The code limits the number of EMC signs to not more than one per street abutting any property and/or site specific development plan, and requires that the minimum distance between EMCs on adjacent properties and/or developments is 100 feet. The two proposed signs are located 1164 feet apart, are both facing College Avenue, and are both within the boundaries of a single site specific development plan. C. Summary of Applicant’s justification: 13 In the request for modification letter, the applicant states that a modification of this standard is justified as set forth in Section 2.8.2(H)(2),(3), and (4) of the Land Use Code, and states that: The two Sign Type 1.2B locations have been located exactly 1164.32 feet apart. While originally drawn on sign type 1.1 as two, two sided electronic displays, the electronic media panels have been reduced to one per sign, totaling two displays. The signs are located a significant distance apart: two streets and six buildings separate these signs from each other. The signs have been strategically located so that the digital face is oriented in the direction of oncoming traffic and so the digital screens face away from each other. First, the proposed Project will substantially alleviate an existing, defined, described problem of Citywide concern, and address an important community need. The City has identified the Foothills Mall as a Targeted Redevelopment and Infill Site, and as a Catalyst Site in City Plan, and has adopted an urban renewal plan in order to provide it with the tools needed to remedy the blighted conditions on the site. The blighted conditions and the lack of investment on the property are an identified problem of Citywide concern, and the proposed redevelopment is the means by which the Applicant proposes to address this concern. However, in order to ensure that the Project is successful in revitalizing this area, it must create the conditions necessary to attract the best in class tenants, and must also create the conditions necessary to facilitate the maximum community participation and involvement to ensure both the success of those tenants, and that the community actively uses and activates the public spaces. The overall sign package is designed to accomplish these goals by providing a tastefully designed and aesthetically pleasing but still modern and dynamic system of communicating with the public. This system will not only promote the individual tenants and their offerings on an ever-changing basis, but also can be used to promote community events such as farmer’s markets, movie nights, ice skating, and the holiday tree lighting. These events, and the tenant’s needs, cannot be effectively communicated within the constraints of the monochrome limits of the existing code. Additionally, the Property itself suffers from constraints that limit its visibility from College Avenue, the principal traffic generator for the site, and therefore hamper its desirability to tenants. The site is deep, and many tenants will be located on the side farthest away from College Avenue. The public spaces are also located far from College Avenue. Although the significant landscaping proposed along College Avenue is highly desirable to the community, it also further limits visibility. Accordingly, the unique configuration of this site, with so much of the available space located distant from the principal “front door” also creates the need for this modification. 14 Finally, this proposed modification is truly minimal when considered in the overall context of the proposed Project. The sign package has been dramatically reduced from what was originally proposed, such that the remaining modifications are truly minimal, and are the least degree of deviation required to adequately address these issues and ensure the success of the Project. D. Staff evaluation of the justification: Section 2.8.2(H)(4) - Staff believes that the proposed sign diverges from the standard only in a nominal, inconsequential way when considered from the perspective of the entire development plan. The purpose of the standard is to limit EMC signs from being located close together by ensuring adequate spacing along the streets of the city. The length of the College Avenue frontage of the Foothills Mall development plan is about 1,850 feet, which is greater than most, if not all, commercial developments. The 1164 foot spacing between the two EMC signs is adequate to ensure that the intent of the standard is met. Additionally, the proposed sign towards the north boundary of the development is 350 feet from the north lot line, and the sign towards the south end is 370 feet from the south lot line. These distances ensure that the 100 foot spacing requirement will be met between any possible future EMC signs on adjacent developments, thereby not impacting the ability of those adjacent developments to install EMC signs. RECOMMENDATION: Staff recommends approval of the modification requests to the four Sections below, finding that one or more of the standards for modification in Section 2.8.2(H) have been satisfied as cited in the Staff Evaluations described above: 1. Section 3.8.7(G)(6) - Allow the vehicular directional signs (Sign Type 3.1) and the two secondary entry monument signs (Sign Types 1.3A and 1.3B) to be located on the interior of the site on lots that don’t have street frontage. 2. Section 3.8.7(G)(6) - Allow more than one ground sign per lot with regard to the vehicular directional signs located on the interior of the site (Sign Type 3.1). 3. Section 3.8.7(M)(4)(d) - Allow the two electronic message center signs to exceed 50% of the total area of the sign face. 4 Section 3.8.7(M)(4)(h) - Allow two electronic message center signs to be located approximately 1164 feet apart along the South College Avenue frontage abutting the development. 15 Staff recommends denial of the modification request to Section 3.8.7(M)(4)(c) to allow full color electronic message center signs. As cited in the Staff Evaluation for the Third Modification Request described above, staff believes that the applicant has not demonstrated how this modification request satisfies any of the four modification standards, and further finding that the granting of this variance would be detrimental to the public good. The form prov new Wes Sum 1. &  3. W W I P p E C A A O       4. D st    J final public mat of the me vide written a Code chang tside Neighb mmary of all w & 2. Where d  Of the 52 two neigh Which action Westside ne Implementa Promote the program Expand notif Create volun Adjust side w Adjust floor Other Potent  Count ba  No furthe  Promote  Big impr  Caveat; s lean-to a  FAR alre Do you have tandards?  Clever w  Maybe ch Page 2 fine. But to say the garage does not count towards the floor area ration is just not appropriate. The biggest issue to the neighborhood is the move to the densely populated, fully built out, suburban to urban, change, that will profoundly change the character of old town. To a large degree, the rights of homeowners, and the nature of the real estate market will move in that direction, without regard to any changes government can make. But floor area ratio is the best, most objective, least subject to discrimination, easiest to administer tool.  I support the new, proposed FAR standards. Regarding balconies needing to be counted as part of FAR standards, please reference house at 122 S Whitcomb with its second story balcony which extends beyond neighbor’s garages, uses majority of lot and reduces/diminishes neighbor’s privacy.  I think the changes (if approved) will help resolve some of the concerns presented by citizens in the workshops. Will definitely be an improvement.  Not sure they go far enough to meet objectives.  I like what I hear. It sounds like it has the potential to close loopholes.  I am sure the potential revisions will upset larger lot owners.  It is a thinly veiled attempt to reinstate the FAR standards that were repealed by the public in ’11. It should not be passed and it has been a gross waste of City time and resources and Council is out of line in trying to push it through on short notice before an election.  Yes, Yes, Yes, Yes, Yes!!! The projects that are maxing out the standards or getting “variance” in (is that a word?), are obtrusive, greedy, obsessive, completely against the character of the neighborhoods of Old Town.  I like these suggestions. I think you’ve creatively allowed for growth without allowing for obscenity in terms of size.  Please do not make additional restrictions on building standards. We are right back to what was repealed before. This will damage the development of our growing neighborhood. People will leave or decide to go elsewhere. This will financially impact our neighborhood and home values.  FAR!! 003 repealed this issue.  No adjustment to floor area ration (FAR) measurement. Petition in 2011 was successful and 003 was repealed and City Council stated that if this issue came back, it would not be based on “FAR” . The people of Fort Collins spoke via that petition in 2011.  Looks intelligent, fair, forward-looking.  Differentiation of NCL & NCM seems arbitrary. Use the NCL standard for both zones. Sliding scale by lot size is good, but the FAR is still too high. It should be .30 for a 10,000 sq.ft. lot in both zones and without the 250 sq. ft. accessory building exception.  New plan looks very positive in being able to place some limits without prohibiting reasonable expansion of house sizes in the neighborhood.  Good idea to include elevated basements in the FAR. Should point out in presentations and to City Council that non-elevated basements do not count in FAR thus possible to have more finished square feet than what is listed in the tables presented.  If the new unit fits the lot it should be ok. Each lot design is different.  Using a sliding scale by lot size makes sense now. Yes, differentiate between the NCL and NCM zone districts. OK – provide a 250 sq.ft. exception for detached rear accessory structures. Yes, work with a revised floor area measurement method that considers high volume spaces.  Too restricted, limits creating decent sized family homes with garages. Prohibits diversity and value of property.  I like them, particularly adding 3’ above ground basements and high ceiling rooms to the FAR.  Yes, differentiate between the NCL and NCM zone districts. Yes, provide a 250 sq.ft. exception for detached rear accessory structures. No to: Work with a revised floor area measurement method that considers high volume spaces. Page 3  Check to see what Boulder is going to do about slanting roofs. Concerned about odd setbacks different on north and south side.  Include balcony measurements into accounting the FAR requirements/calculations. I think the proposed FAR standards are overly restrictive. Should have existing FAR the same. Limits to side wall height. Should be on a case by case basis. One size does not fit all . . . especially in Old Town. The example used for the NCL zone of a lot of 7,000 sq.ft. seemed like an extreme result. What good is a 250 sq.ft. accessory building.  There is NO current problem. 5. Do you have comments on the potential side wall height standards for solar access?  Will this result in homes that do not fit into the overall character of the neighborhood?  Protecting neighbor’s light & sun is one of the most important requirements. Measurements taken at 12:00 noon, winter solstice. No loss of sun to neighbor needs to be the standard.  Not really – I think it’s a great idea to make the proposed changes.  Good idea  It’s only fair, for both solar & gardening.  Solar access is important so 18’ is generous.  At this time, I believe the proposal is too vague and should be studied further before a final proposal is put forth for adoption.  The value of these Old Town lots and yards is greatly reduced as these extreme projects get taller and closer to lot boundaries.  My only concern here is that we might end up with funky, lop-sided houses.  No more standards! Solar access can be blocked by planting a tree and everyone supports tree planting. Standards do not address this without negatively effecting home values.  For our property it’s not a large impact but larger lots are greatly impacted. Large houses are not out of place in Old Town, just need to be done in character.  What about landscaping – trees grow – is that an issue? Old Town has big trees – do you want them cut down!?  Limit wall height at the minimum side setback on the north side of the lot to preserve solar access.  I am strongly in favor of the standards as defined  Applying only to large additions or new construction is a huge loophole. Somebody could build a 250 sq.ft addition on a roof and significantly shade a neighbor to the north. Is there a sliding scale so houses/additions built at a 5’6” setback can’t move up to 18’? Also, the 1:1 height increase for lots narrower than 40’ seems overly generous. A tall house on a narrow lot has a greater potential to impact neighbors, so maybe buying a narrow lot should limit what you can do. A height increase of 6” for each foot narrower than 40’ with a maximum of 16’ would be better.  North-south impact is addressed well without being overly prohibitive. East-west impacts may need to be considered as well.  Good idea for north facing wall heights restrictions.  Doesn’t apply to my lot, but it is an important issue. Yes, apply only to large additions and new construction adjacent to a neighbor to the north. Yes, limit wall height at the minimum side setback on the north side of the lot to preserve solar access.  Properties are in flux. A single story home may become a two story in the future. South properties are always subject to a northern neighbor . . . which may also change height in the future.  I like the concept although I’m concerned about asymmetrical roofs.  OK, apply only to large additions and new construction adjacent to a neighbor to the north. Yes, limit wall height at the minimum side setback on the north side of the lot to preserve solar access.  Solar access protection needs to be set at winter solstice rather than spring equinox.  Needs to have a variance for homes that are forced to raise their base elevations due to flood plains. Page 4 6. Do you have comments on the potential additional building design standards to address front and side façade character?  The illustrations I saw on the poster do not reflect the character of homes in the area. I think it’s a good idea but designs need to be tweaked.  I am in favor!  This should be approached with caution. Jackson Hole did it and now it looks like a Disney theme park. Variety is good.  Compatibility with other buildings important.  Tightening up the standards will ensure that the character of a neighborhood will evolve gracefully.  I love that you’re not only looking at FAR but you’re considering design as well. Thank you.  No more standards! This will negatively impact our neighborhoods.  This design standard alone could address many of the out of place renovations.  Provide a menu of options to address the character of front and side facades.  Positive  Can’t legislate accounting for task. It is a diverse neighborhood. That’s part of the flavor of Eastside. Save the cookie-cutter mindset for the “burbs”.  New plan offers good options. Design assistance will help achieve better outcomes.  Good ideas  An important issue to maintain the character of the neighborhoods. I enjoyed judging the various facades at the Lopez Elementary workshop. OK, apply only to large additions and new construction – it saves time and effort spent on small projects. OK, provide a menu of options to address the character of front and side facades.  They are ok  No to: Apply only to large additions and new construction. Yes, provide a menu of options to address the character of front and side facades. Develop standards for front setback to align with others on the block. Address porches, trim, etc. to mimic nearby older homes.  Are porches the only way to create a more friendly façade in character? I think the standards are narrow and will create a cookie cutter effect and most likely unintended consequences.  Why should the City get involved in how people design their homes? It’s all subjective. 7. Do you have other comments and feedback?  These neighborhoods are the jewels of Fort Collins, and their character needs to be preserved. It’s what makes them so popular.  Please do not make the building process (permits, notifications, etc.) expensive. Voluntary design guidelines and example designs – Great!  “Neighborhood Contexts??” On one hand they do seem to assign a label to neighborhoods. But so what! I see this as a first step in an unannounced hidden agenda towards mandating HOA. Folks can see the context of the neighborhoods without a government definition.  Consultation with neighbors before building may reduce disharmony and help create a neighborly feeling. In the case of a builder/developer building a spec house to be sold in near future, hold these houses to the standards & insist on neighborhood meeting for guidance. City needs to be proactive in designating historic home protection recognizing the desirability of living in these neighborhoods and the fact that some people have so much money they can buy, scrape & build anything.  Keep doing this. I hope City Council will enforce these changes. Keep our neighborhood’s historic character.  Pleased that you have a significantly involved those of us living in the areas. Hope City council has same approach vs. only interests of developers. Page 5  I don’t believe there is enough evidence of a problem caused by the current FAR standards that will be solved by the proposed new standards. Furthermore, I feel that Council is attempting to railroad through new standards that the community has shown they do not support (i.e. the 2011 repeal of an extremely similar FAR standard to the one now being proposed). Additionally, the graphs and presentation is misleading (i.e. the 250 sq.ft. exemption for detached structures).  The market does an excellent job of monitoring the developing and maintaining the market. This tinkering isn’t going to do anything except screw up the market and leave some properties that should be address without a suitor. Your building size is ratcheted down so that no one will buy the old houses and fix them up – not profitable. You are seriously messing with the market which is the best control.  Thanks for all your hard work in this lengthy and difficult process. Even if we pretend not to like you!!  We still appreciate your time.  Great job so far, we need change for the better!  I really appreciate how well you all have listened to the community. I feel like you’ve done a good job at considering all sides of these issues. I also think you’ve come up with some creative solutions that have the potential to work well. I especially liked being able to see how a newly built house might look different under your new proposals. This really helped to solidify in my mind what exactly the proposals would mean. Thanks for all your hard work.  The redevelopment and growth of our neighborhood will be stunted with these standards being implemented again. These changes were repealed once before but the agenda of the Council is being pushed. Not the voice of the community. These last minute explanations and last minute finalization of suggestions leading to meetings where decisions will be made is exactly what happened last time. This is not ok. No more standards.  I worry if we get too prescriptive, young families will not look to move/reinvest in Old Town. Without flexibility, many people will get priced out of the Old Town market. The neighborhood will eventually grow stagnant and start to decline.  I believe the new construction is good for the neighborhood. Keep the current standards. I thought this was sealed a couple of years ago. The people of Fort Collins have spoken by repealing 003.  Grade is required to be raised in some of the area because of a high water table, so home owners are being penalized with height restrictions, based on existing City imposed restrictions. In considering financial impacts, both positive and negative impacts should be considered. Improvement of neighboring properties improves the neighborhood as a whole . . . property values go up, and this is what causes taxes to go up. Property value increase only benefits the community.  Great job. Wonderful outreach. Cooperative approach. Nicely phased. Good communication. Kudos to City, Winter, other support staff.  Case by case – some projects are more disappointing in their choices than others. Don’t punish the many for the disappointments of the few. Happy that due to additions, new builds, etc. that families are able to thrive in Old Town.  1. Thank you for finally listening to citizens and council by addressing solar access. It’s a good start, but it needs to directly protect solar access (e.g. regardless of lot size or width, or building size, additions or new houses would not be allowed to cast a shadow higher than 5’ on a house to the north built at the 5’ setback, at noon on Dec. 21). This would allow maximum flexibility for construction without allowing a negative environmental or economic impact (by shading windows) on neighbors to the north. 2. Why do the standards kick in at 2,500 sq. ft. for new construction, but 3,000 total sq.ft. for additions? 2,000 sq. ft. would be a good threshold for both. Remember, it’s not saying a house can’t be bigger – it just says you have to consider your neighbors.  Thanks for the good work.  Didn’t we go through this two years ago? Things are working ok now – no action is needed.  It appears from this information and my discussion with Abe that converting my one-car garage to a two-car garage will not exceed the potential FAR standard. Page 6  It always seems to go back to the City Council’s agenda of changing the FAR and creating restrictive standards that were vetoed last year!!! I feel that these changes affect the property values and desirability of Old Town. WATCH OUT!! Is this even legal? Put it to a vote, not a Council that determines citizen’s outcome! Washed A LOT of resources $$ to get this FAR changed again. Outrage.  Provide for neighbors consultation on new building and in some cases remodels. Work toward neighborhood harmony.  It might be helpful to make a table that shows total FAR by lot size with an assumed addition of a full basement to estimate total possible finished square footage. For example, a NCL lot of 7,000 sq.ft. could allow a 2,650 sq.ft. FAR. If that 2,650 is two floors of 1,200 sq.ft. each plus a detached garage, then a full basement could be 1,200 sq.ft. and usable space would really be closer to 3,600 sq.ft.  City Council is once again creating a mountain out of a mole hill. Fort Collins is land locked and in one breath the “City” promotes infill projects and building up not out, and in the other breath they restrict future building and improvements by making regulations over restrictive. Fort Collins (City Council) needs to figure out what they really want and they need to listen to all the people – not just the loud few. Regarding high volume space being counted as two floors – why would that matter? This will financially impact the home.  Can we please finally allow the FAR conversation to die? The citizens spoke in 2011, and they don’t want it. Just because there are two City Council members who are so arrogant as to believe that their opinions are more important than the thousands of citizens who signed on to repeal the last FAR proposal doesn’t make it right. DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 1 ORDINANCE NO. ___, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE IN ACCORDANCE WITH THE EASTSIDE/WESTSIDE CHARACTER STUDY WHEREAS, NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2.10.2(F) of the Land Use Code is hereby amended to read as follows: (F) Step 6 (Notice): Section 2.2.6(A) only applies, except that “5800 feet” shall be changed to “150 feet”, and for single-family houses in the NCL and NCM zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance requests for: (a) Construction that results in a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story; or (b) Construction of a new house that is greater than two thousand five hundred (2,500) square feet; or (c) Construction of an addition that results in a total square footage of more than three thousand (3,000) square feet; and "14 days" shall be changed to "7 days," everywhere they occur in Section 2.2.6.(A). Section 2.2.6(B)-(D) shall not apply. Section 2. That Section 4.7(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density Required Lot Area. Minimum lot area shall be equivalent to at least two and one-half (21/2) times the total floor area of the building(s), but not be less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 2 seven and one-half (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) On a lot of less than five thousand (5,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (2) On a lot that is between five thousand (5,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty (20) percent of the lot area plus, one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred-fifty (250) square feet shall be added for a detached accessory structure. (3) On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty (30) percent, plus two hundred-fifty (250) square feet for a detached accessory structure. (4) The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building on the lot. DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 3 (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (3) Roofed porches, balconies and breezeways that are enclosed on more than two sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet. (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed twenty five (25) percent of the area of the rear fifty (50) percent of the lot. (24) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (35) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 4 hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (46) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 3. That Section 4.7(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards. . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall or building along a side lot line exceeds eighteen (18) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall or building height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: 1. a two(2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 5 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story, height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story house where a one (1) story house previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 6 houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1-1/2) stories. Section 4. That Section 4.7(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards. (1) Building Design. . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of the structures on the block face: Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade One Story Element DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 7 Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. Covered Entry Feature A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet. (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 8 Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. . . . Section 5. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density/Intensity of Development Required Lot Area. Minimum lot area shall be equivalent to at least two (2) times the total floor area of the building(s), but not DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 9 be less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) On a lot of less than four thousand (4,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed fifty (50) percent of the lot area. (2) On a lot that is between four thousand (4,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty-five (25) percent of the lot area plus one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred-fifty (250) square feet shall be added for a detached accessory structure. (3) On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty-five (35) percent of the lot area, plus two hundred-fifty (250) square feet for a detached accessory structure. (4) The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 10 unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building located on the lot. (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (3) Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. (24) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (35) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 11 have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (46) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 6. That Section 4.8(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall or building along a side lot line exceeds eighteen (18) feet in height, as measured from the natural grade at the interior side lot line adjacent to the wall, such portion of the building wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall or building height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 12 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 13 *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story where a one (1) story previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (11/2) stories. Section 7. That Section 4.8(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards (1) Building Design. . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is an abutting house on either side that is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of structures on the block face: DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 14 Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. lCovered Entry Feature A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 15 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. DRAFT - LEGAL REVIEW PENDING pending/LUC Eastside-WestsideORD 16 Introduced, considered favorably on first reading, and ordered published this___ day of _______, A.D. 2013, and to be presented for final passage on the ____ day of ______, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the _____ day of ________, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation MEMORANDUM DATE: February 6, 2013 TO: Members of the Planning and Zoning Board FROM: Pete Wray, Senior City Planner THRU: Sherry Albertson-Clark, Interim Planning Manager Laurie Kadrich, Community Development & Neighborhood Services Director RE: Eastside & Westside Neighborhoods Character Study This read before memo provides additional information regarding the Eastside & Westside Neighborhoods Character Study to the Board prior to the Hearing on February 7, 20123. City Council has requested an additional work session scheduled for next Tuesday, February 12. The focus of this discussion will be potential Land Use Code amendments pertaining to Floor Area Ratio (FAR) options to be considered for the Ordinance on 1st Reading. In preparation for the Work Session staff has developed two options for the proposed Ordinance (A and B). Option A is essentially the same as what you previously received and includes a revision to existing FAR standards using a new formula. The only difference with Option B is it does not include a revision to the existing FAR formula. Staff has included with this memo these two draft options to replace the proposed Ordinance you received in your packet. Staff has also included with this memo an additional FAR comparison table for both districts showing existing FAR, proposed new formula, and previous 2011 formula. DRAFT - LEGAL REVIEW PENDING 1 OPTION A ORDINANCE NO. ___, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO IMPLEMENTATION OF THE EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDY WHEREAS, in 2010, City staff conducted an Eastside/Westside Neighborhood Study which resulted in an ordinance being approved by the City Council which was later repealed in response to a citizen petition; and WHEREAS, in June 2011, City staff initiated a new Eastside/Westside Neighborhood Character Study (the “Study”) after receiving direction from City Council to take a fresh look at neighborhood compatibility and character issues in the neighborhoods near downtown; and WHEREAS, the basis of the Study is to respond to continued concerns with respect to potential impacts of building additions and new construction in the City’s oldest neighborhoods; and WHEREAS, the Study process included extensive public outreach and the consideration of the proposed Code changes arising from the Study by the Planning and Zoning Board, the Landmark Preservation Commission, the Zoning Board of Appeals and the Building Review Board; and WHEREAS, the direction from the Study is to amend the Land Use Code in the following particulars: 1. Expand the existing notification distance for some Zoning Board of Appeals variance requests, 2. Revise the existing Floor Area Ratio (FAR) standards using a new formula to lower the largest allowable house sizes, and adjust the method for calculating allowable floor area, 3. Adjust the method for measuring the height of a new wall along a side lot line, 4. Incorporate a new solar access standard, 5. Incorporate new design standards with a menu of options for front and side building façade features; and WHEREAS, the City Council has determined that the proposed changes to the Land Use Code are in the best interests of the City. DRAFT - LEGAL REVIEW PENDING 2 NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2.10.2(F) of the Land Use Code is hereby amended to read as follows: (F) Step 6 (Notice): Section 2.2.6(A) only applies, except that “5800 feet” shall be changed to “150 feet”, and for single-family houses in the NCL and NCM zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance requests for: (a) Construction that results in a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story; or (b) Construction of a new house that is greater than two thousand five hundred (2,500) square feet; or (c) Construction of an addition that results in a total square footage of more than three thousand (3,000) square feet; and "14 days" shall be changed to "7 days," everywhere they occur in Section 2.2.6.(A). Section 2.2.6(B)-(D) shall not apply. Section 2. That Section 4.7(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density Required Lot Area. Minimum lot area shall be equivalent to at least two and one-half (21/2) times the total floor area of the building(s), but not be less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: DRAFT - LEGAL REVIEW PENDING 3 (1) On a lot of less than five thousand (5,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (2) On a lot that is between five thousand (5,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty (20) percent of the lot area plus, one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred-fifty (250) square feet shall be added for a detached accessory structure. (3) On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty (30) percent, plus two hundred-fifty (250) square feet for a detached accessory structure. (4) The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building on the lot. (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (3) Roofed porches, balconies and breezeways that are enclosed on more than two sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: DRAFT - LEGAL REVIEW PENDING 4 High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet. (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed twenty five (25) percent of the area of the rear fifty (50) percent of the lot. (24) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (35) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (46) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) DRAFT - LEGAL REVIEW PENDING 5 square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 3. That Section 4.7(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards. . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall or building along a side lot line exceeds eighteen (18) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall or building height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story, height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in DRAFT - LEGAL REVIEW PENDING 6 width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story house where a one (1) story house previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1-1/2) stories. Section 4. That Section 4.7(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards. (1) Building Design. DRAFT - LEGAL REVIEW PENDING 7 . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of the structures on the block face: Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. Covered Entry Feature DRAFT - LEGAL REVIEW PENDING 8 A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet. (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: DRAFT - LEGAL REVIEW PENDING 9 Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. . . . Section 5. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density/Intensity of Development Required Lot Area. Minimum lot area shall be equivalent to at least two (2) times the total floor area of the building(s), but not be less than the following: five thousand (5,000) square feet for a single-family or DRAFT - LEGAL REVIEW PENDING 10 two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) On a lot of less than four thousand (4,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed fifty (50) percent of the lot area. (2) On a lot that is between four thousand (4,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty-five (25) percent of the lot area plus one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred-fifty (250) square feet shall be added for a detached accessory structure. (3) On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty-five (35) percent of the lot area, plus two hundred-fifty (250) square feet for a detached accessory structure. (4) The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor DRAFT - LEGAL REVIEW PENDING 11 of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building located on the lot. (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (3) Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. (24) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (35) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a DRAFT - LEGAL REVIEW PENDING 12 building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (46) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 6. That Section 4.8(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall or building along a side lot line exceeds eighteen (18) feet in height, as measured from the natural grade at the interior side lot line adjacent to the wall, such portion of the building wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall or building height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: DRAFT - LEGAL REVIEW PENDING 13 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height DRAFT - LEGAL REVIEW PENDING 14 *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story where a one (1) story previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (11/2) stories. Section 7. That Section 4.8(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards (1) Building Design. . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is an abutting house on either side that is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of structures on the block face: DRAFT - LEGAL REVIEW PENDING 15 Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. lCovered Entry Feature A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or DRAFT - LEGAL REVIEW PENDING 16 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. DRAFT - LEGAL REVIEW PENDING 17 Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk DRAFT - LEGAL REVIEW PENDING 1 OPTION “B” ORDINANCE NO. ___, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO IMPLEMENTATION OF THE EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDY WHEREAS, in 2010, City staff conducted an Eastside/Westside Neighborhood Study which resulted in an ordinance being approved by the City Council which was later repealed in response to a citizen petition; and WHEREAS, in June 2011, City staff initiated a new Eastside/Westside Neighborhood Character Study (the “Study”) after receiving direction from City Council to take a fresh look at neighborhood compatibility and character issues in the neighborhoods near downtown; and WHEREAS, the basis of the Study is to respond to continued concerns with respect to potential impacts of building additions and new construction in the City’s oldest neighborhoods; and WHEREAS, the Study process included extensive public outreach and the consideration of the proposed Code changes arising from the Study by the Planning and Zoning Board, the Landmark Preservation Commission, the Zoning Board of Appeals and the Building Review Board; and WHEREAS, the direction from the Study is to amend the Land Use Code in the following particulars: 1. Expand the existing notification distance for some Zoning Board of Appeals variance requests, 2. Adjust the method for calculating allowable floor area, 3. Adjust the method for measuring the height of a new wall along a side lot line, 4. Incorporate a new solar access standard, 5. Incorporate new design standards with a menu of options for front and side building façade features; and WHEREAS, the City Council has determined that the proposed changes to the Land Use Code are in the best interests of the City. DRAFT - LEGAL REVIEW PENDING 2 NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2.10.2(F) of the Land Use Code is hereby amended to read as follows: (F) Step 6 (Notice): Section 2.2.6(A) only applies, except that “5800 feet” shall be changed to “150 feet”, and for single-family houses in the NCL and NCM zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance requests for: (a) Construction that results in a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story; or (b) Construction of a new house that is greater than two thousand five hundred (2,500) square feet; or (c) Construction of an addition that results in a total square footage of more than three thousand (3,000) square feet; and "14 days" shall be changed to "7 days," everywhere they occur in Section 2.2.6.(A). Section 2.2.6(B)-(D) shall not apply. Section 2. That Section 4.7(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density Required Lot Area. Minimum lot area shall be equivalent to at least two and one-half (21/2) times the total floor area of the building(s), but not be less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: DRAFT - LEGAL REVIEW PENDING 3 (1) The allowable floor area for all buildings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building on the lot. (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (3) Roofed porches, balconies and breezeways that are enclosed on more than two sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet. (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed twenty five (25) percent of the area of the rear fifty (50) percent of the lot. (24) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor DRAFT - LEGAL REVIEW PENDING 4 space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (35) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (46) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 3. That Section 4.7(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards. . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall or building along a side lot line exceeds eighteen (18) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the DRAFT - LEGAL REVIEW PENDING 5 minimum required, for each two (2) feet or fraction thereof of building wall or building height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story, height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height DRAFT - LEGAL REVIEW PENDING 6 *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story house where a one (1) story house previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1-1/2) stories. Section 4. That Section 4.7(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards. (1) Building Design. . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story, or DRAFT - LEGAL REVIEW PENDING 7 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of the structures on the block face: Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. Covered Entry Feature DRAFT - LEGAL REVIEW PENDING 8 A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet. (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: DRAFT - LEGAL REVIEW PENDING 9 Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. . . . Section 5. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density/Intensity of Development Required Lot Area. Minimum lot area shall be equivalent to at least two (2) times the total floor area of the building(s), but not be less than the following: five thousand (5,000) square feet for a single-family or DRAFT - LEGAL REVIEW PENDING 10 two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) The allowable floor area for all buildings shall not exceed fifty (50) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building located on the lot. (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (3) Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: DRAFT - LEGAL REVIEW PENDING 11 The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. (24) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (35) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (46) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October DRAFT - LEGAL REVIEW PENDING 12 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 6. That Section 4.8(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall or building along a side lot line exceeds eighteen (18) feet in height, as measured from the natural grade at the interior side lot line adjacent to the wall, such portion of the building wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall or building height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) DRAFT - LEGAL REVIEW PENDING 13 foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story where a one (1) story previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (11/2) stories. Section 7. That Section 4.8(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards (1) Building Design. . . . (h) Front Façade Character. When building construction results in: DRAFT - LEGAL REVIEW PENDING 14 1. a two (2) story house where a one (1) story house previously existed and where there is an abutting house on either side that is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of structures on the block face: DRAFT - LEGAL REVIEW PENDING 15 Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. lCovered Entry Feature A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or DRAFT - LEGAL REVIEW PENDING 16 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. DRAFT - LEGAL REVIEW PENDING 17 Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Lot Size Lot Size Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area 3,000 0.40 0 1200 0.40 0 1,200 0.45 0 1,350 3,000 0.50 0 1,500 0.50 0 1,500 0.45 0 1,350 4,000 0.40 0 1600 0.40 0 1,600 0.40 0 1,600 4,000 0.50 0 2,000 0.50 0 2,000 0.40 0 1,600 5,000 0.40 0 2000 0.40 0 2,000 0.37 0 1,850 5,000 0.50 0 2,500 0.45 0 2,250 0.37 0 1,850 6,000 0.40 0 2400 0.41 250 2,450 0.39 250 2,350 6,000 0.50 0 3,000 0.46 250 2,750 0.39 250 2,350 7,000 0.40 0 2800 0.38 250 2,650 0.37 250 2,600 7,000 0.50 0 3,500 0.43 250 3,000 0.37 250 2,600 8,000 0.40 0 3200 0.36 250 2,850 0.36 250 2,850 8,000 0.50 0 4,000 0.41 250 3,250 0.36 250 2,850 9,000 0.40 0 3600 0.34 250 3,050 0.34 250 3,100 9,000 0.50 0 4,500 0.39 250 3,500 0.34 250 3,100 10,000 0.40 0 4000 0.33 250 3,250 0.34 250 3,350 10,000 0.50 0 5,000 0.38 250 3,750 0.34 250 3,350 11,000 0.40 0 4400 0.32 250 3,550 0.33 250 3,600 11,000 0.50 0 5,500 0.37 250 4,100 0.33 250 3,600 12,000 0.40 0 4800 0.32 250 3,850 0.32 250 3,850 12,000 0.50 0 6,000 0.37 250 4,450 0.32 250 3,850 13,000 0.40 0 5200 0.32 250 4,150 0.32 250 4,100 13,000 0.50 0 6,500 0.37 250 4,800 0.32 250 4,100 14,000 0.40 0 5600 0.32 250 4,450 0.31 250 4,350 14,000 0.50 0 7,000 0.37 250 5,150 0.31 250 4,350 15,000 0.40 0 6000 0.32 250 4,750 0.31 250 4,600 15,000 0.50 0 7,500 0.37 250 5,500 0.31 250 4,600 All Lots: All Lots: Lot < 5,000 sf: Lot < 4,000 sf: 2011 Standard Comparison of Existing and Potential Floor Area Standards 2011 Standard Existing Standard 2013 Standard N‐C‐L N‐C‐M Existing Standard 2013 Standard Lot Size * 0.50 = Max. Floor Area Lot ≥ 4,000 and < 10,000 sf Lot Size * 0.25 + 1,000 (+250 sf in detached rear accessory structure on lots ≥ 5,000 sf) = Max. Floor Area Lot ≥ 10,000 sf Lot Size * 0.35 (+250 sf in detached rear accessory structure) = Max. Floor Area Lot ≥ 5,000 and < 10,000 sf Lot ≥ 10,000 sf Lot Size * 0.20 + 1,000 (+250 sf in detached rear accessory structure on lots ≥ 5,000 sf) = Max. Floor Area Lot Size * 0.30 (+250 sf in detached rear accessory structure) = Max. Floor Area Lot Size * 0.40 = Max. Floor Area 2013 FAR Option for N‐C‐L Existing FAR Standard for N‐C‐L Existing FAR Standard for N‐C‐M Lot Size * 0.40 = Max Floor Area Lot Size * 0.50 = Max Floor Area 2013 FAR Option for N‐C‐M  A change fill dirt h than plen logic beh Easts Januar open house eeting reflect and verbal c ges relating t borhoods Ch written and v do you live? 2 people who hborhoods a ns should be eighborhood ation Action existing des fication of va ntary design wall height m area ratio (F tial Actions: alconies as p er action on discussions rovements fr see if you ca symmetrical eady remove comments with the new hange 250 sq e to the floor hauled in to i nty. GARAG hind the addi side and We y 30, 20 Summ meeting wa ted an inform omments. S to implemen haracter Stud verbal comm Do you ow o signed our and 28 are re e adopted to ds? (Numbe n sign assistanc ariances guidelines measurement FAR) measur art of FAR any non-vol among neig rom previous an tweak lim l roofs. 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The ation and proposed de & r live in the tside and ) 16 ccess 19 17 13 8 t a bunch of AR) ge to address are more nderstood the r garage, 6 9 7 3 8 f s e dation. 9'-6" 2'-6" 12'-0" 5'-0" 2'-6" 9'-6" 12'-0" 9'-6" 2'-6" 12'-0" 2'-5" 12'-6" 12'-0" 18'-6" 6'-0" 12'-6" 3'-8" 12'-0" 3'-8" 2'-0" 18'-6" 6'-0" 4'-6" 2'-10" 1.1 006 1.1 001