HomeMy WebLinkAbout06/20/2019 - Zoning Board Of Appeals - Agenda - Regular MeetingRalph Shields, Chair
Shelley LaMastra, Vice Chair
Bob Long
John McCoy
Taylor Meyer
Butch Stockover
Council Liaison: Ross Cunniff
Staff Liaison: Noah Beals
LOCATION:
City Council Chambers
300 LaPorte Avenue
Fort Collins, CO 80521
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make
special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
JUNE 20, 2019
8:30 AM
• CALL TO ORDER and ROLL CALL
• APPROVAL OF MINUTES FROM PREVIOUS MEETING
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL ZBA190023
Address: 2620 S. Timberline Rd.
Owner/Petitioner: Glenn Haas
Zoning District: N-C
Code Section: 3.8.7.2 (B) Table (B)
Project Description:
Variance to install new INDL wall sign which is 60" tall, the max height of a wall sign is 30". This
property is in the Residential Sign District and sub-district Neighborhood Service Center.
2. APPEAL ZBA190024
Address: 112 S. Grant Ave.
Owner: Jo & Nick Clements
Petitioner: Kate Penning
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)1.; 4.7(D)(3); 4.7(E)(2); 4.7(E)(3) & (4)
Project Description:
This is a request for 4 variances:
1) Allow 113 square feet floor area over the allowed lot maximum of 1680 square feet
2) Allow 496 square feet floor area over the allowed rear half lot maximum of 525 square feet
3) Allow rebuilding of garage addition, using existing footprint, to encroach 7'-4" into the required 15'
rear setback
4) Allow the front porch to encroach 4'-3" into the required 15' front setback.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 June 20, 2019
3. APPEAL ZBA190025
Address: 317 Smith St.
Owner/Petitioner: Bruce Neuroth
Zoning District: N-C-M
Code Section: 4.8(D)(2)(a)(2)
Project Description:
The variance request is to build a 340 square foot addition to the back of the existing home. The
existing home and accessory buildings currently total 3746 square feet. The overall allowable floor
area for this 9500 square foot lot in NCM district is 3625 square feet. The addition will put the overall
floor area total at 4086 square feet, 461 square feet over the maximum allowed.
4. APPEAL ZBA190026
Appellant: Jeff Gaines and Bryan Soth
Zoning District: N-C-L
Code Section: 2.11.1, 4.7(D)(2)(a)(2), 4.7(D)(2)(d)
Description:
This is an appeal of the Administrative Interpretation of sections 4.7(D)(2)(a)(2) and 4.7(D)(2)(d).
5. APPEAL ZBA190027
Address: 2720 Council Tree Ave.
Owner: Studio Be Salon
Petitioner: Randy Lerich
Zoning District: H-C
Code Section: 3.8.7.2(A)(3)(a)
Project Description:
This is a request to allow signage on the west side of the building. An increase in sign allowance is
permitted for the building with the condition that no signs be allowed on the west side.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT JUNE 20, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190023
PROJECT DESCRIPTION
Address: 2620 S. Timberline Rd.
Owner/Petitioner: Glenn Haas
Zoning District: N-C
Code Section: 3.8.7.2 (B) Table (B)
Project Description:
Variance to install new INDL wall sign which is 60" tall, the max height of a wall sign is 30". This property is in
the Residential Sign District and sub-district Neighborhood Service Center.
COMMENTS:
1. Background:
The property annexed into the City in 1997 as part of the Timberline Annexation. In 2003 was approved for
development as part of the Shops at Rigden Farm Final Plan. This plan included an multiple buildings for
commercial and retail uses.
The purpose and intent of the Sign Code is to set out reasonable regulations for the design, location,
installation, display, operation, repair, maintenance, and removal of signs in a manner that advances the
City's legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the
constitutionally protected right of free speech.
In the residential sign district the maximum height is 30”. This is the tallest height within the three sub
categories of the residential sign district. These categoires existed when the property was developed and
have seen minimal substantive changes through the present.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), staff recommends approval and finds that:
• The variance request will not be detrimental to the public good.
• The proposed sign is on the west side of the building facing the internal parking lot.
• The increase in height is not for the entire message of the sign.
• The increase in height does not exceed the sign allowance for the property.
Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way,
when considered in the context of the neighborhood, and will continue to advance the purpose of the Land
Use Code contained in Section 1.2.2.
4. Recommendation
Staff recommends approval of APPEAL ZBA1900023.
1
May 11, 2019
To: FOCO Zoning Board of Appeals
From: Glenn and Nathan Haas
(Owners of Krazy Karls Pizza)
3403 Green Wing Court
Fort Collins, CO 80525
970-498-9350
glennehaas@comcast.net
Subject: Response to “Reasoning” Question on the Application Request for Variance
RE: Proposed Wall Sign for Krazy Karls Pizza at 2620 S.Timberline in the Shops of Rigden
Farm
The purpose of this letter and attached 7 pages is to respond to the “Reasoning” question on the
Application Request for Variance from the Land Use Code. We believe that the proposed sign is
not a detriment to the public good and that the variance would be a nominal, inconsequential
divergence when considered in the context of the neighborhood.
Situation: Krazy Karls Pizza is a local, independent, and family-owned small business.
The 2620 S. Timberline store opened in January 2017. We quickly discovered a design flaw in
that the pick-up area was part of the restaurant and there was significant customer conflict
between sit-down and pick-up patrons. In early 2018, we were able to increase our lease space
to the north in order to separate the pick-up area from the sit-down restaurant. This change has
been an improvement but there is still considerable time and attention to ushering pick-up
customers to our new door and counter. The proposed wall sign would improve this situation.
Variance Request: The initial wall sign submitted to Zoning was 90” tall. Zoning inspector
Jamie Kimberlin was helpful and suggested we reformat the sign with the words “Pick” and
“Up” positioned to the side of our logo, thus reducing the vertical size. This was a good
suggestion and we responded accordingly, but the size of the logo we seek is still larger than the
30” standard. That is, our proposed wall sign depicted on page 2 of the attached pages shows a
wall sign with lettering of 30” within standard but the centerpiece KK logo being 60”. It is the
latter we ask your consideration for a variance.
2
Reasoning:
1. The proposed wall sign faces west into the Shops of Rigden Farm commercial center. As
evidenced in the attached pages, the viewshed from the sign location is 98% commercial
businesses. The closest residential property is 669 feet from our proposed sign; the second
closest residential property is 870 feet from our proposed sign. Furthermore, these rangefinder
measurements were taken in late April before full leaf-out of the numerous trees in the
commercial center which would virtually obliterate the view of our logo from any homes.
2. The KK logo is considered by us to be an artistic piece. It depicts our pizza pie but also our
sense of FOCO place with trees and the iconic Horsetooth. The clarity and colors of this logo is
poor at the 30” standard but is enriched and clear at the 60” dimension.
3. We are not asking for a special sign exception in this commercial business location. As
evidenced in the attached pages, there are a number of businesses with signs greater than 30”.
We particularly draw your attention to the “Car Wash” sign towering above us within 50 feet, the
King Soopers anchor store sign which by our estimate is 9’from top to bottom, the Blue Credit
Union sign which by our measures exceeds 60”, and others not to belabor our point here.
In summary, we believe that the proposed sign is not a detriment to the public good and that the
variance would be a nominal, inconsequential divergence when considered in the context of the
neighborhood.
Thank you for considering our request.
6/12/2019
1
Krazy Karls Pizza
2620 S. Timberline (and Drake)
Proposed KK Signage
1
2
6/12/2019
2
Variance Request
• Permission for 60” logo
• Basis for Justification:
would not be detrimental to the public good.
will not diverge from standards except in a
nominal, inconsequential way when considered in
the context of the neighborhood.
Views of Neighborhood
South View Southwest View
3
4
6/12/2019
3
Views of Neighborhood‐con’t
Northwest View North View
5
6
6/12/2019
4
7
8
6/12/2019
5
Thank you for considering
9
From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Zoning Appeal #ZBA190023
Date: Monday, June 10, 2019 11:14:09 AM
From: Mary Anderson <marycka2256@gmail.com>
Sent: Sunday, June 9, 2019 11:10 AM
To: Noah Beals <nbeals@fcgov.com>
Subject: Re: Zoning Appeal #ZBA190023
Sorry, I should have signed my just sent comments about zoning at property 2620 S. Timberline.
Mary Anderson
2715 Iowa Dr #304, Fort Collins, CO 80525
Thanks!
On Sun, Jun 9, 2019 at 11:06 AM Mary Anderson <marycka2256@gmail.com> wrote:
The retail property at 2620 S. Timberline sits adjacent to residential housing. Owners were aware
of this when buying/leasing the property. The request for a variance to install new/larger INDL
wall sign should be denied. It would be a visual bnuisance to neighbors.
--
"It is only with the heart that one can see rightly; what is essential is invisible to the eye."
Antoine de Saint-Exupery
--
"It is only with the heart that one can see rightly; what is essential is invisible to the eye."
Antoine de Saint-Exupery
Agenda Item 2
Item # 2 - Page 1
STAFF REPORT JUNE 20, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190024
PROJECT DESCRIPTION
Address: 112 S. Grant Ave.
Owner: Jo & Nick Clements
Petitioner: Kate Penning
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)(1); 4.7(D)(3); 4.7(E)(2); 4.7(E)(3) & (4)
Project Description:
This is a request for 4 variances:
1) Allow 113 square feet floor area over the allowed lot maximum of 1680 square feet
2) Allow 496 square feet floor area over the allowed rear half lot maximum of 525 square feet
3) Allow rebuilding of garage addition, using existing footprint, to encroach 7'-4" into the required 15' rear
setback
4) Allow the front porch to encroach 4'-3" into the required 15' front setback.
COMMENTS:
1. UBackground:U
The property was annexed into the City in 1877 as part of the Loomis Addition. The original building was
built in 1923, it is unclear the number of alterations that have occurred since then.
The subject parcel was subdivided from portions of two original lots. The two original lots fronted onto W
Mountain Ave. The subdivided parcel’s frontage is onto S Grant Ave.
The minimum lot size in the N-C-L zone district is 6,000 square feet the subject property is 4,200 square
feet.
The typical lot shape in the N-C-L is rectangle. The subject property is a square shape. The square shape
results in more of the primary house to sit in the rear half of the property.
The abutting property to the east orients to W Mountain Ave. The result gives a required 5 foot side-yard
setback along the share property line where the subject property is required a 15 foot rear-yard setback.
On the both sides of the block face of the 100 block of S Grant there are limited number of houses that face
S Grant. It appears most are not meeting the required 15 foot front yard setback. These encroachments
include porches and stairs. Other properties that face different streets have 6 foot tall fences along S Grant
Ave.
2. UApplicant’s statement of justification:U See petitioner’s letter.
3. UStaff Conclusion and Findings:U
Under Section 2.10.2(H), staff recommends approval and finds that:
• The variance is not detrimental to the public good.
• The lot is unique in size and shape for the N-C-L zone district
• Other structures along the block face encroach into the front setback
Agenda Item 2
Item # 2 - Page 2
• The front setback encroachment is for a porch covering that is open on three sides
• The abutting neighbor to the east has a required side setback of 5 feet
Therefore, strict application of the standard results in exceptional practical difficulty caused by the
exceptional physical conditions unique to the property not caused by the act or omission of the applicant.
4. URecommendation:
Staff recommends approval of APPEAL ZBA1900024.
1241 RIVERSIDE AVE, STE 200 ● FORT COLLINS, COLORADO ● 80524
PHONE 970.372.0965 ● www.tomlinsondesigns.com ● 866.353.5225 FAX
Clements Addition - Variance Request
May 14, 2019
Project Overview:
The existing residence was built in 1923 on a 4,200 SF lot in the Loomis Addition neighborhood. The
original residence is 720 SF and is located about a foot into the front yard setback. There have been
several additions over the years. One such addition was a garage and enclosed stair to access the
basement. The existing garage addition is currently 261 SF. The original garage addition was built
sometime in the 1940s and does not adhere to today’s rear setback of 15’-0”. It is currently about
7’-8” from the rear property line. There are two other additions that are proposed to be removed.
These additions total 157 SF. One of these additions exists within the rear setback. The lot is one of
the smaller lots in the neighborhood at 70 feet in length by 60 feet in depth.
Zoning District:
Neighborhood Conservation, Low Density District (N-C-L)
Applicable Land Use Code Standards:
• LUC Standard 4.7 (D) (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.”
• LUC Standard 4.7 (E) (2): “Minimum front yard setback shall be (15) feet.”
• LUC Standard 4.7 (E) (3): “Minimum rear yard setback shall be (5) feet from existing alleys and
fifteen (15) feet in all other conditions.”
• LUC Standard 4.7 (F) (1) (b): “The primary entrance to a dwelling shall be located along the front
wall of the building, unless otherwise required for handicap access. Such entrance shall include
an architectural feature such as a porch, landing or portico.”`
Variances Requested:
1. Variance to allowable floor area on rear half of lot for the proposed addition.
2. Variance to rear yard setback on the east side of lot for the proposed rebuilding of the existing
garage.
3. Variance to front yard setback on west side of lot for the proposed front porch to be in
compliance with LUC Standard 4.7 (F) (1) (b).
Variance Request #1 - Allowable Floor Area on Rear Half of Lot
1. Hardship:
A. The existing lot is 70 feet wide by 60 feet deep. With the side yard setbacks of 5 feet and the
front yard and rear yard setbacks of 15 feet the allowable building area becomes 60 feet
wide by 30 feet deep. The site is not deep enough for the rear half of lot standard of 25%
allowable floor area. Currently 62.5% of the house is within the rear half of the lot, which
exceeds the 25%. As a result the exceptional shallowness of the lot creates hardship.
2. Nominal and Inconsequential:
A. 62.5% of the existing residence is within the rear half of the lot. With the proposed plan,
there would be a total of 1,674 SF, 955 SF of which would be in the rear half of the lot,
causing the percentage to go down to 57%. The new proposed plan would be
| 1
1241 RIVERSIDE AVE, STE 200 ● FORT COLLINS, COLORADO ● 80524
PHONE 970.372.0965 ● www.tomlinsondesigns.com ● 866.353.5225 FAX
inconsequential in terms of difference between the new and existing allowable floor areas
on the rear half of the lot.
Variance Request #2 - Rear yard setback
1. Equal to or Better than:
A. The existing garage is already nonconforming with the setback requirements when
purchased by the current property owner. The existing garage was built poorly and needs
considerable work to get it up to current structural and building standards.
B. The proposed garage addition is to be rebuilt within the existing garage footprint. This
would allow for updates in building and structural standards. Due to these structural
updates, the north wall of the garage will need to be pushed out by 3.5” to allow for a
proper structural footing.
2. Nominal and Inconsequential:
A. Replacing the existing garage with a new garage will not change the existing conditions and
will therefore be inconsequential in changes.
Variance Request #3 - Front yard setback
1. Hardship
A. Per LUC Standard 4.7 (F) (1) (b) the primary entrance to a dwelling shall be located along
the front wall of the building and shall include an architectural feature such as a porch,
landing or portico. The current house is within the front yard setback by 1’. To allow for a
porch and door on the front wall of the building, there must be an allowance for the porch
to encroach further into the front yard setback.
2. Equal to or Better than:
A. The current front door has a 3 foot deep by 4 foot wide front stoop and a 3 foot deep by 7
foot wide roof overhang. The proposed porch addition adds an architectural feature with
columns and larger concrete patio, fitting better into the neighborhood context and allowing
for a more substantial front porch.
| 2
1241 RIVERSIDE AVE, STE 200 ● FORT COLLINS, COLORADO ● 80524
PHONE 970.372.0965 ● www.tomlinsondesigns.com ● 866.353.5225 FAX
Photos of Existing Residence
Front (West Elevation)
Rear (East Elevation)
| 3
1241 RIVERSIDE AVE, STE 200 ● FORT COLLINS, COLORADO ● 80524
PHONE 970.372.0965 ● www.tomlinsondesigns.com ● 866.353.5225 FAX
South Elevation
Garage Elevation
| 4
1241 RIVERSIDE AVE, STE 200 ● FORT COLLINS, COLORADO ● 80524
PHONE 970.372.0965 ● www.tomlinsondesigns.com ● 866.353.5225 FAX
North Elevation
| 5
:$6+(5
'5<(5
5()
:$6+(5
'5<(5
SOUTH GRANT AVE
ALLEY
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From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Variance for 112 S Grant Ave
Date: Monday, June 10, 2019 11:11:25 AM
-----Original Message-----
From: Ned Pinkerton <nedpinkerton@yahoo.com>
Sent: Sunday, June 9, 2019 8:48 PM
To: Noah Beals <nbeals@fcgov.com>
Subject: Variance for 112 S Grant Ave
Dear Noah,
My husband and I are the owners of 120 S Grant Avenue. Our home is two doors away from the home of Jo and
Nick Clements. They have talked for years about renovating their home and adding an addition. The lots adjacent to
their property are also odd lots- cut out of former larger properties in the early 1920’s. We neighbors understand the
constraints that naturally happen on these small parcels.
First and foremost, we value the idea of neighborhood. It is a neighborhood of porch sitters...of people stopping
to chat...of people knowing what the neighbors are doing...and watching out for each other. So, the porch addition
would be very welcomed.
We also highly approve the suggested architectural plans. They are very much in keeping with the original flavor
of the home...just enough to keep the history, but bringing the design into the modern world. The variances sought
are necessary given the unusual lot size.
We can not be at the public meeting, but please note that Jo and Nick have our full support of this project.
Sincerely,
Amanda and Ned Pinkerton
Sent from my iPad
From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Appeal ZBA190024
Date: Tuesday, June 18, 2019 7:32:24 AM
From: Nancy Aylward <NancyAylward@msn.com>
Sent: Monday, June 17, 2019 7:04 PM
To: Noah Beals <nbeals@fcgov.com>
Subject: Appeal ZBA190024
Dear Mr. Beals,
I am unable to attend the hearing for appeal # ZBA190024 scheduled for June 20, 2019 at 8:
30 A.M. I have read the proposal description and requested variances you sent me in a notice
dated June 6, 2019. I wanted to write you to let you know I support the requested four
variances. I don't believe the proposal will diverge from the standards of the Land Use Code
except in nominal, inconsequential ways when considered in the context of the neighborhood.
Jo and Nick Clements have shared their plans with me. I support their plans for revising their
home.
Thank you for asking for my input.
Sincerely,
Nancy Aylward
121 S. Grant Ave.
From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Appeal ZBA190024 for 112 S. Grant Ave
Date: Tuesday, June 18, 2019 11:00:24 AM
From: Louise Comas <lhcomas@gmail.com>
Sent: Monday, June 17, 2019 5:46 AM
To: Noah Beals <nbeals@fcgov.com>
Cc: Jo Clements <jo@joandnick.com>
Subject: Appeal ZBA190024 for 112 S. Grant Ave
Dear Zoning Board,
We are writing to give our support for the remodeling plans of our neighbors Jo and Nick Clements
at 112 S. Grant Ave, Fort Collins, CO 80521. The Clements have shared their plans with us. Their
plans will be a nice addition to the neighborhood and have our full support. Please let us know if you
have any specific questions for us.
Sincerely,
Louise Comas and Ben Belda
116 S Grant Ave, Fort Collins, CO 80521
LHComas@gmail.com
970-492-7416
From: Heidi Shuff
To: Noah Beals
Cc: Kacee Scheidenhelm; ian shuff
Subject: 112 S. Grant variance request
Date: Tuesday, June 18, 2019 9:33:02 PM
Hi Noah-
I'm writing in reference to ZBA Appeal 190024 at 112 S. Grant Street. Ian and I have
reviewed the proposed drawings and documentation provided on citydocs. Jo & Nick
Clements' lot is very small & shallow, and we feel that each of the four requested variances are
warranted and reasonable. We won't be able to attend the hearing this Thursday- if you could
please pass along this email to the board members we would appreciate it.
Thank-you,
Heidi & Ian Shuff
715 W. Mountain Avenue
970-231-1040
Agenda Item 3
Item # 3 - Page 1
STAFF REPORT JUNE 20, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190025
PROJECT DESCRIPTION
Address: 317 Smith St.
Owner/Petitioner: Bruce Neuroth
Zoning District: N-C-M
Code Section: 4.8(D)(2)(a)(2)
Project Description:
The variance request is to build a 340 square foot addition to the back of the existing home. The existing home
and accessory buildings currently total 3746 square feet. The overall allowable floor area for this 9500 square
foot lot in NCM district is 3625 square feet. The addition will put the overall floor area total at 4086 square feet,
461 square feet over the maximum allowed.
COMMENTS:
1. UBackground:U
The property is platted with the original town plat 1873. The original structure was built int 1903. It is
unclear the number of alterations that occurred since the original construction. However, a significant
remodel did occur in 1993 that included a 2P
nd
P story addition.
In the N-C-M zone district the minimum lot is size 5,000 square feet. The existing lot is 9,500 square feet
The N-C-M zone district restricts the amount of defined floor area buildings can have on a lot. The existing
structures on the property already exceed the allowable floor area by 121 square feet.
The existing structure is a duplex and has two dwelling units. The proposed addition would be an increase
of floor area to only of the dwelling units.
Resent code changes now include carports as defined floor area. The existing carport on the property is
234 square feet.
2. UApplicant’s statement of justification:U See petitioner’s letter.
3. UStaff Conclusion and Findings:U
Under Section 2.10.2(H), staff recommends approval and finds that:
• The variance is not detrimental to the public good.
• The proposed addition is for a single-story structure at the rear of the existing building
• The proposed addition meets the setbacks and is entirely within the front half of the lot
• 340 square feet is a 9.3% increase of the allowable floor area and a 9% increase of the existing
floor are
Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way,
when considered in the context of the neighborhood, and will continue to advance the purpose of the Land
Use Code contained in Section 1.2.2.
4. URecommendation:
Staff recommends approval of APPEAL ZBA1900025.
Application Request for 340 sq. ft. building addition to 317 Smith St., Bruce Neuroth, Owner
We have lived in the property for 24 years; and owned it for 30 years. I remodeled the 1907 legal
duplex structure in 1994 from the ground up, installing a new foundation, basement and second story
to the existing duplex; aligning with the neighborhood architectural style.
Since 1994, we have raised our family and now have my son living with us with his family. Our living
space is inadequate for the needs of our growing family. The proposed addition will extend out into
our landscaped back yard, nominally visible only to neighbors on each side and having minimal effect
to the surrounding residents.
Our variance request is the answer to this need. We love the area of Smith St.; and do not want to
leave the neighborhood. It allows us to have a sustainable lifestyle; being able to walk and bike to
fulfill most all our needs.
Our proposal includes an addition to our living area of 340 square feet. The current space only has a
narrow breakfast bar that seats 2 people, and a small area for a dining that seats 2. The traffic flow
through this area is interrupted/ blocked if anyone is sitting in both seating areas.
With myself, my wife, and our sons' growing family we would like to have an area for all of us to sit
down at a table for meals and family occasions. The addition will allow for this and a larger living area
to enjoy time with family.
The NCM Code Section 4.8 :
Current existing living area less basement 3192 square feet
Current existing Garage 320 square feet
Carport attached to garage 234 square feet
Total Existing 3746 square feet
Proposed addition 340 square feet
New Total 4086 square feet
Thank You for your consideration to improve our quality of life in Fort Collins.
Agenda Item 4
Item # 4 - Page 1
STAFF REPORT JUNE 20, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190026
PROJECT DESCRIPTION
Appellant: Jeff Gaines and Bryan Soth
Zoning District: N-C-L
Code Section: 2.11.1, 4.7(D)(2)(a)(2), 4.7(D)(2)(d)
Description:
This is an appeal of the Administrative Interpretation of sections 4.7(D)(2)(a)(2) and 4.7(D)(2)(d).
COMMENTS:
1. UBackground:U
The Land Use Code under section 2.11.1 gives the Zoning Board of Appeals authority to hear appeals of an
Administrative Decision of the city staff.
Additionally, the Land Use Code allows an applicant to request an official interpretation of language in the
code. These requests for interpretation are given the Community Development and Neighborhood Services
Director to review and issue an interpretation.
The following is an interpretation that was given to the applicant in regards to the cited code sections:
On March 19, 2019, the Community Development and Neighborhood Services Department received a
request to clarify standards related to the allowable floor area in the Neighborhood Conservation Low-
Density (N-C-L) zone district. The specific question is how Section 4.7(D)(2)(a)(2) should be interpreted in
conjunction with Section 4.7(D)(2)(d), which both reference a 250 square foot floor area “bonus” for
detached accessory buildings.
An initial administrative interpretation was provided on March 27, 2019. The requestor followed up with
questions about the application of this code section to properties less than 6,000 square feet in size. This
revised interpretation corrects references to some code sections and provides additional information about
how staff has applied the code to all properties in the N-C-L district.
RELEVANT CODE STANDARDS:
Division 4.7 - Neighborhood Conservation, Low Density District (N-C-L)
(D) Land Use Standards.
1) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000) square feet.
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.
Agenda Item 4
Item # 4 - Page 2
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. [emphasis added]
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 (7½) feet located within such accessory building
on the lot.
2. Basement floor areas where any exterior basement wall is exposed by more than
three (3) feet above the existing grade at the interior side lot line adjacent to the wall.
3. Roofed porches, balconies and breezeways that are enclosed on more than two (2)
sides.
4. Carports.
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 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. [emphasis added]
INTERPRETATION:
How much additional floor area is allowed on an N-C-L lot greater than 6,000 sf in size with a detached
accessory dwelling?
For lots in the N-C-L zone districts greater than 6,000 square feet, only 250 total additional square feet are
allowed for a detached accessory structure. Sections 4.7(D)(2)(a)(2) and 4.7(D)(2)(d) could be read to imply that
250 square feet are allowed for lots greater than 6,000 square feet, in addition to excluding 250 square feet for
accessory buildings, for a total of 500 additional square feet. However, the original intent for the code language
in Section 4.7(D) was for no more than 250 square feet total to be exempted from the floor area calculations.
Code changes related to floor area ratios in the N-C-L and N-C-M zone districts were adopted by City Council
March 5, 2013 and were intended to implement the Eastside and Westside Neighborhoods Character Study. A
Agenda Item 4
Item # 4 - Page 3
link to Ordinance No. 033, 2013 is available here:
30TUhttps://library.municode.com/co/fort_collins/ordinances/land_use?nodeId=866101U30T. (this document is included
in the attachments)
In summary, Council adopted new formulas to calculate floor area ratios with the goal of limiting the over size,
scale and footprint of new buildings in the Eastside and Westside Neighborhoods. The agenda materials clearly
state that an additional 250 square-foot allowance was envisioned for detached accessory buildings, with no
reference to an additional 250 square-foot (or total of 500 square-foot) allowance.
For reference, and in support of this interpretation, the Agenda Item Summary that accompanied the ordinance
is available here:
30Thttp://citydocs.fcgov.com/?cmd=convert&vid=72&docid=2050878&dt=AGENDA+ITEM&doc_download_date=M
AR-05-2013&ITEM_NUMBER=3030T (this document is included in the attachments)
To the extent of our knowledge, staff has consistently applied this standard to ensure that no more than 250
square feet of additional allowance is applied to projects in the N-C-L district. In the case of lots less than 6,000
square feet in size, staff has not been allowing an additional 250 square feet of floor area for detached
accessory structures. There is similar code language located in Division 4.8 for the Neighborhood Conservation
Medium Density (N-C-M) zone district, which staff has also applied in a consistent way.
Because the wording in these two sections currently allows for multiple interpretations, staff will follow this
interpretation with a code change that clarifies the intent and approach to calculating allowable floor area.
CONCLUSION:
Per Section 4.7(D)(2)(a)(2), 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. No allowance will be made for an additional 250 square feet for detached
accessory structures.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
City staff finds the Director’s interpretation:
• to be reasonable and accurate.
• meets the intent of the code provision.
4. Recommendation:
Staff recommends to uphold the Director’s interpretation of sections 4.7(D)(2)(a)(2) and 4.7(D)(2)(d).
To Whom it May Concern,
On behalf of the owners of this property, pursuant to Division 2.11 of the Land Use Code, I am appealing
the application of sections 4.7(D)(2)(a)(2) and 4.7(D)(2)(d), as well as an administrative interpretation
regarding this application. I was contacted in March of this year by zoning staff reviewing permit
applications for a new house and detached garage at 226 North McKinley Avenue, a 6,250 square foot
lot. Plans for the project include a 2,087 square foot house and detached 528 square foot garage, and
were based on allowable floor area as outlined by the Land Use Code:
Allowable floor area was calculated per Section 4.7(D)(2)(a)(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.
6,250 (.2) + 1,000, +250 square feet for detached accessory space = 2,500 square feet
Building area was calculated per Section 4.7(D)(2), including 4.7(D)(2)(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 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."
2,087 sf (house) + 528 sf (garage) - 250 (first 250 square feet of garage) = 2,365 square feet
Zoning staff informed me that the intention of these code sections was to only provide a single 250
square foot accessory bonus, and that the project was therefore 115 square feet over allowable area.
An administrative interpretation provided March 27, 2019 supported the staff application of the code. A
subsequent administrative interpretation, provided May 9, 2019 also clarified which of the two adopted
standards is not being allowed by staff: 4.7(D)(2)(d).
Following are justifications provided by staff and in the administrative interpretation supporting staff’s
application of the Land Use Code, as well as responses:
The original intention of the 2013 code changes stemming from the Eastside/Westside character study
was to only allow a 250 square foot bonus.
Whatever the original intent of the Land Use Code may have been in this area, it is unreasonable
for the Land Use Code to be applied inconsistently with clearly outlined and formally adopted
standards. Requirements of the Land Use Code should be applied as they are written, not as
they were meant to be written. Expecting designers to guess which elements of the Land Use
Code are mistakes creates an unfair burden.
“The agenda materials (behind the code changes) clearly state that an additional 250 square-foot
allowance was envisioned for detached accessory buildings, with no reference to an additional 250
square foot (or total of 500 square foot) allowance.”
Again, agenda materials should not supersede adopted standards. However, the agenda
actually mentions allowance for accessory structures twice, once under 'New FAR Formula' and
once under 'New FAR Measurement Method'. The way the agenda organizes this into an
application both to lot FAR formula and to FAR measurement method corresponds to how the
Land Use Code reads and how a designer would reasonably apply the standards to a project.
“To the best of our knowledge, staff has consistently applied this standard to ensure that no more than
250 square feet of additional allowance is applied to projects in the NCM district”
Speaking personally, this has not been my experience. In 2013, I worked proactively to
thoroughly check my understanding of the new standards with zoning staff including Gary Lopez
and Peter Barnes. This error in the Land Use Code was not brought to my attention at that time,
nor in the six years since, during which time I have submitted multiple plans for review that
calculate allowable and measured floor area as stated in the code. Given the amount of time
this error has gone unfixed, and staff turnover, it seems implausible to say that staff has
consistently not allowed application of 4.7(D)(2)(d).”
The wording of these sections is confusing and allows for multiple interpretations – it will be fixed soon
by a code change.
It is debatable that the wording of these sections allows for multiple interpretations, and
certainly does not seem unreasonable that staff could at this point apply the code as it is
written. Also, it is standard practice to design projects around currently adopted versions of
regulations (generally with the target date of permit application), not future changes.
Thank you for your time and consideration of this request,
Sincerely,
Jeff Gaines
From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Administrative Interpretation - NCL Floor Area
Date: Monday, June 3, 2019 2:29:08 PM
Attachments: Admin Interpretation -#1-19_NCL_250sf_Bonus.pdf
Request for Administrative Interpretation.msg
From: Rebecca Everette <reverette@fcgov.com>
Sent: Thursday, March 28, 2019 3:38 PM
To: Jeff Gaines <Jeff@highcraft.net>
Cc: Tom Leeson <tleeson@fcgov.com>; Noah Beals <nbeals@fcgov.com>
Subject: Administrative Interpretation - NCL Floor Area
Hi Jeff,
I appreciate your patience on this administrative interpretation – it took a little time and research to
make sure we could explain our interpretation fully and clearly. Please see attached for the final
interpretation.
I want to apologize for any confusion we may have caused through previous conversations, and I
would be happy to take a look at any previous permits where you feel the code was applied
differently (without any consequences for those homeowners, of course). I really do want to make
sure we are clear and consistent, and it is concerning to me that you have felt misled. I appreciate
your detailed analysis and I definitely see how the code can be interpreted incorrectly – we will be
following up with a code change to clarify those sections very soon. Let me know if you’d like to
discuss further in person or over the phone.
As far as next steps, there are a couple options for your permit:
1. Modify design for the garage and/or house addition to comply with the floor area standards
2. Request a variance from the standard through Zoning, which would be presented to the
Zoning Board of Appeals for a decision
If you go with option 2, Noah Beals would be your contact and can get you the information you need
for the variance.
Please let me know if there’s anything else I can help with, and how you would like to proceed from
here.
Thanks,
Rebecca
Rebecca Everette, AICP
Development Review Manager
Community Development & Neighborhood Services
reverette@fcgov.com | 970.416.2625 direct
Click here to tell us about our service, we want to know!
From: Jeff Gaines
To: Rebecca Everette
Cc: Noah Beals
Subject: Request for Administrative Interpretation
Date: Tuesday, March 19, 2019 7:06:53 PM
Hello Rebecca,
I just had a conversation with Noah today regarding the interpretation of several land use
standards as they apply to current building permit applications for a new house and detached
garage at 226 North McKinley Ave. in Fort Collins. The lot is in the NCL district, and an
issue has arisen regarding sections 4.8(D)(2)(a)(3) and 4.8(D)(2)(d) of the land use code
concerning how bonus square footage is tabulated for detached accessory buildings.
Respectively, the first section increases allowable square footage on lots greater than 6,000
square feet by 250 square feet where this extra is applied to detached accessory buildings, and
the second section says that in general, for any lot, the first 250 square feet of a detached
accessory is not to be included in calculating floor area for the purpose of allowable floor
area. I was notified by planning staff today that these standards are actually intended to mean
the same thing, and to just exclude the first 250 square feet of a detached accessory, period.
This is a lengthy emailing concerning what I know must seem like a minor issue. However, I
am in the position of having submitted a completed, construction ready set of plans to the city,
and am looking at the situation both from the perspective of what the land use code says, and
the practical implications of going through redesign of the garage, if not also house, at this late
stage. To summarize the situation, this is a 6,250 square foot lot with 2,250 square feet of
allowable area before considering accessory structure bonus area. The new house is to be
2087 square feet, and new garage is to be 528 square feet. Design was based off 500 square
feet effectively being excluded from the garage for purposes of allowable area. Reducing this
bonus to 250 square feet would mean going from a comfortable 22'X24' garage to a small
20'X20' garage, and/or also redesigning the house. There are implications here for the quality
of the project itself, the project schedule, and the costs of redesign. From my conversation
with Noah, the best present recourse seems to be asking for an administrative interpretation,
and that is the purpose of this email.
I understand that the Land Use Code is a complex, living document, and it is not always easy
to distill planning intentions into clear standards, or to maintain perfect and concise language.
I have certainly noticed redundancies or areas that are not crystal clear in the code, and this
simply seems like a byproduct of the difficulty of organizing so many often overlapping
standards. However, it never crossed my mind that this was one of these cases. Simply put,
for somebody reading the letter of the currently adopted code from the outside, these are
separate and complimentary standards.
It would take both a leap of judgement and actual alteration of the wording to come to the
conclusion that they are saying the same thing. This is due to the way the statements are
structured and arranged in the context of the section, as well as a material difference between
them. The first statement approaches the issue from calculating allowable area on the lot
itself, directing the designer to increase allowable area by 250 square feet for detached
accessories. The second approaches it from calculating actual area of buildings to be used in
validating allowable area, by directing that 250 square feet be excluded from detached
accessories. I'll be honest that this has always seemed strange to me, but I hope you'll
understand that it serves to strongly reinforce the perception somebody reading the code will
have that they are distinct items. More importantly, the first applies to lots over 6,000 square
feet, and the second applies to all lots in the district. This is a very concrete difference in
meaning, and says to someone reading the actual language that for lots over 6,000 square feet,
a combined total of 500 square feet are to be excluded, while for lots under 6,000 square feet,
only 250 square feet are to be excluded.
In my conversation with Noah, he noted that to his knowledge staff have always and
consistently interpreted these standards as just allowing a single 250 square foot bonus. This
has not been my experience. Over the past six years working at HighCraft, I have submitted
numerous plans for the NCM and NCL districts that have described a '500 square foot
detached accessory bonus' where lots were over 6,000 square feet, whether or not the bonus
was even close to decisive to the particular project. I am incredulous that this is the first time
I'm hearing about this interpretation. Aside from the fact no zoning reviewer has corrected
this reading to date, when I moved to Fort Collins in 2013, I made what I feel was a concerted
effort to make sure that I had a good grasp of the NCM and NCL standards. In reviewing the
standards, I put together a spreadsheet summarizing the main points of the code sections. I
met with Gary Lopez at the time to review the standards and used the spreadsheet I put
together as an outline. Since Gary felt that the department was still a little shaky on
interpreting the standards at that time, he asked that I email the spreadsheet to him for some
additional review. This will sound like I'm bragging (and I'm not), but the zoning department
(I can't remember whether it was Gary or Peter Barnes asking, or simply me showing up at the
help window and seeing the staff person on call that day using it as a cheatsheet and talking
about it with them) actually used this spreadsheet for training and quick reference since it
boiled down some main points of what are two lengthy and often repetitious sections. I'm
bringing this up because not only was the information outlined in the spreadsheet and the way
it was organized on-point enough to be shared around and used, but Peter Barnes' only
comments in reviewing the spreadsheet for inaccuracies were to say that I should note that the
formulas were just applicable to single-family dwellings, and that I should specifically clarify
that the 250 square foot bonus to lot allowable area would also apply to lots over 10,000
square feet, which was in line with what I'd stated.
I am going to forward you a chain of emails that followed my sending the spreadsheet to Gary
after we initially met. It's hard to believe that Peter Barnes specifically clarified the point
regarding the lot allowable area bonus also being applicable to all lots over 6,000 square feet,
even those also over 10,000 square feet, but did not make any clarification regarding the
deduction of 250 square feet in calculating the floor area basis for any lot. At this point, it's
appropriate to stress the fact that these two numbers cannot just be combined. An additional
determination, that is not present in the code, would need to be made regarding whether this
single 250 square feet deduction would apply to all lots or just to those over 6,000 square feet.
If there has been a consistent interpretation by zoning staff regarding these code sections, it
seems like in my case there could not possibly have been a better opportunity than the
distribution and review of this spreadsheet to note that the writing of the code did not reflect
the the intentions behind it.
Returning to the project at hand, I'd like to just walk through how I interpret the code when
reading through how it is written and arranged. I believe this is a fair interpretation of the
standards as they are written, and that it follows the text more closely than to say the two items
are to be combined. Again, on top of the way the code actually reads, this interpretation has
never been questioned or called to my attention in six years of submitting plans for these
districts, nor was it corrected when I made the effort to initially check my understanding of the
code with zoning staff in 2013. I appreciate your time and consideration in reviewing this
request. Again, I will forward you my previous email communications with zoning staff.
Sincerely,
Jeff Gaines
Calculating Lot Allowable Floor Area (where lot has a detached accessory over 250
square feet):
"(a) The allowable floor area shall be as follows:
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."
6250 (.2) + 1000, +250 square feet for detached accessory space = 2500 square feet
Calculating Areas of Buildings for Validating Allowable Area Limit:
"(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 (7½) feet located within such accessory building on the lot.
2. Basement floor areas where any exterior basement wall is exposed by more than three (3)
feet above the existing grade at the interior side lot line adjacent to the wall.
3. Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides.
4. Carports.
(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 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."
House Area of 2,087 square feet + Garage area of 528 square feet - First 250 square feet of
Garage = 2,365 square feet
1
MEMORANDUM
TO: Interested Parties
FROM: Tom Leeson, Community Development & Neighborhood Services Director
Rebecca Everette, Development Review Manager
DATE: March 27, 2019
SUBJECT: Administrative Interpretation #1-19 regarding the relationship between two
allowable floor area standards in the Neighborhood Conservation Low
Density (N-C-L) zone district.
On March 19, 2019, the Community Development and Neighborhood Services Department
received a request to clarify standards related to the allowable floor area in the
Neighborhood Conservation Low-Density (N-C-L) zone district. The specific question is
how Section 4.8(D)(2)(a)(2) should be interpreted in conjunction with Section 4.8(D)(2)(d),
which both reference a 250 square foot floor area “bonus” for detached accessory
buildings.
RELEVANT CODE STANDARDS:
Division 4.8 - Neighborhood Conservation, Low Density District (N-C-L)
(D) Land Use Standards.
1) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000) square feet.
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. [emphasis added]
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-
Community Development & Neighborhood
Services
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
970.224.6046
970.224.6050 - fax
fcgov.com
2
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 (7½) feet located within such accessory building on the lot.
2. Basement floor areas where any exterior basement wall is exposed by more
than three (3) feet above the existing grade at the interior side lot line
adjacent to the wall.
3. Roofed porches, balconies and breezeways that are enclosed on more than
two (2) sides.
4. Carports.
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 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. [emphasis
added]
INTERPRETATION:
How much additional floor area is allowed on an N-C-L lot greater than 6,000 sf in size
with a detached accessory dwelling?
For lots in the N-C-L zone districts greater than 6,000 square feet, only 250 total additional
square feet are allowed for a detached accessory structure. Sections 4.8(D)(2)(a)(2) and
4.8(D)(2)(d) could be read to imply that 250 square feet are allowed for lots greater than
6,000 square feet, in addition to excluding 250 square feet for accessory buildings, for a
total of 500 additional square feet. However, the original intent for the code language in
Section 4.7(D) was for no more than 250 square feet total to be exempted from the floor
area calculations.
Code changes related to floor area ratios in the N-C-L and N-C-M zone districts were
adopted by City Council March 5, 2013 and were intended to implement the Eastside and
Westside Neighborhoods Character Study. A link to Ordinance No. 033, 2013 is available
here: https://library.municode.com/co/fort_collins/ordinances/land_use?nodeId=866101.
In summary, Council adopted new formulas to calculate floor area ratios with the goal of
limiting the over size, scale and footprint of new buildings in the Eastside and Westside
Neighborhoods. The agenda materials clearly state that an additional 250 square-foot
3
allowance was envisioned for detached accessory buildings, with no reference to an
additional 250 square-foot (or total of 500 square-foot) allowance.
For reference, and in support of this interpretation, the Agenda Item Summary that
accompanied the ordinance is available here:
http://citydocs.fcgov.com/?cmd=convert&vid=72&docid=2050878&dt=AGENDA+ITEM
&doc_download_date=MAR-05-2013&ITEM_NUMBER=30
To the extent of our knowledge, staff has consistently applied this standard to ensure that
no more than 250 square feet of additional allowance is applied to projects in the N-C-L
district. Because the wording in these two sections currently allows for multiple
interpretations, staff will follow this interpretation with a code change that clarifies the
intent and approach to calculating allowable floor area.
CONCLUSION:
Per Section 4.8(D)(2)(a)(2), 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. No allowance will be made for an additional 250
square feet for detached accessory structures.
From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Revised Administrative Interpretation and Appeal Procedure
Date: Monday, June 3, 2019 2:29:19 PM
Attachments: Admin Interpretation -#1-19_NCL_250sf_Bonus_rev2019-0509.pdf
Att 2 - Annotated Issue List May 2019.pdf.pdf
LUC Spring ORD.pdf
appealform.pdf
From: Rebecca Everette <reverette@fcgov.com>
Sent: Thursday, May 9, 2019 9:45 AM
To: Jeff Gaines <Jeff@highcraft.net>
Cc: Noah Beals <nbeals@fcgov.com>; Tom Leeson <tleeson@fcgov.com>; Zoning
<zoning@fcgov.com>
Subject: Revised Administrative Interpretation and Appeal Procedure
Hi Jeff,
Thank you for your follow-up questions related to the administrative interpretation for floor area
calculations in the N-C-L district. Attached is a revised interpretation with some additional
information:
Corrected references to code sections – the original interpretation addressed Division 4.8 (N-
C-M) rather than 4.7 (N-C-L); both sections contain similar code language.
Clarification that staff have not been allowing a 250 sf exemption for detached accessory
structures on lots less than 6000 sf in size in the N-C-L district.
As we’ve discussed, if you aware of any examples of inconsistent application of the code by staff, we
would appreciate the opportunity to see those. It could help with training, if nothing else. I also
wanted to let you know that we have prepared a code change to clarify this section of code, which
will be considered by the Planning & Zoning Board at their hearing next Thursday evening. I have
attached a list of the various code changes that are being proposed, as well as the draft ordinance
(see page 16 for the N-C-L changes). As currently proposed, the code change would remove the
duplicative reference to a 250 sf exemption, and would also expand the exemption to all lots in the
N-C-L and N-C-M districts.
Finally, you asked about the appeal procedure for an administrative interpretation. You may appeal
this interpretation pursuant to Division 2.11 of the Land Use Code, available here:
https://library.municode.com/co/fort_collins/codes/land_use?nodeId=ART2AD_DIV2.11APADDE.
You have 14 days to file an appeal, but if you would like it to be heard at the June 13 Zoning Board of
Appeals meeting, then the deadline for materials is next Tuesday, May 14 at 3 p.m. I have attached
the appeal form, which you can submit directly to zoning@fcgov.com with any supporting
documentation.
Please let us know if you have any questions!
Thanks,
Rebecca
Rebecca Everette, AICP
Development Review Manager
Community Development & Neighborhood Services
reverette@fcgov.com | 970.416.2625 direct
Click here to tell us about our service, we want to know!
1
MEMORANDUM
TO: Interested Parties
FROM: Tom Leeson, Community Development & Neighborhood Services Director
Rebecca Everette, Development Review Manager
DATE: May 9, 2019
SUBJECT: Administrative Interpretation #1-19 regarding the relationship between two
allowable floor area standards in the Neighborhood Conservation Low
Density (N-C-L) zone district.
On March 19, 2019, the Community Development and Neighborhood Services Department
received a request to clarify standards related to the allowable floor area in the
Neighborhood Conservation Low-Density (N-C-L) zone district. The specific question is
how Section 4.7(D)(2)(a)(2) should be interpreted in conjunction with Section 4.7(D)(2)(d),
which both reference a 250 square foot floor area “bonus” for detached accessory
buildings.
An initial administrative interpretation was provided on March 27, 2019. The requestor
followed up with questions about the application of this code section to properties less than
6,000 square feet in size. This revised interpretation corrects references to some code
sections and provides additional information about how staff has applied the code to all
properties in the N-C-L district.
RELEVANT CODE STANDARDS:
Division 4.7 - Neighborhood Conservation, Low Density District (N-C-L)
(D) Land Use Standards.
1) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000) square feet.
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
Community Development & Neighborhood
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281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
970.224.6046
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2
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. [emphasis added]
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 (7½) feet located within such accessory building on the lot.
2. Basement floor areas where any exterior basement wall is exposed by more
than three (3) feet above the existing grade at the interior side lot line
adjacent to the wall.
3. Roofed porches, balconies and breezeways that are enclosed on more than
two (2) sides.
4. Carports.
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 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. [emphasis
added]
INTERPRETATION:
How much additional floor area is allowed on an N-C-L lot greater than 6,000 sf in size
with a detached accessory dwelling?
For lots in the N-C-L zone districts greater than 6,000 square feet, only 250 total additional
square feet are allowed for a detached accessory structure. Sections 4.7(D)(2)(a)(2) and
4.7(D)(2)(d) could be read to imply that 250 square feet are allowed for lots greater than
6,000 square feet, in addition to excluding 250 square feet for accessory buildings, for a
total of 500 additional square feet. However, the original intent for the code language in
Section 4.7(D) was for no more than 250 square feet total to be exempted from the floor
area calculations.
Code changes related to floor area ratios in the N-C-L and N-C-M zone districts were
adopted by City Council March 5, 2013 and were intended to implement the Eastside and
Westside Neighborhoods Character Study. A link to Ordinance No. 033, 2013 is available
here: https://library.municode.com/co/fort_collins/ordinances/land_use?nodeId=866101.
3
In summary, Council adopted new formulas to calculate floor area ratios with the goal of
limiting the over size, scale and footprint of new buildings in the Eastside and Westside
Neighborhoods. The agenda materials clearly state that an additional 250 square-foot
allowance was envisioned for detached accessory buildings, with no reference to an
additional 250 square-foot (or total of 500 square-foot) allowance.
For reference, and in support of this interpretation, the Agenda Item Summary that
accompanied the ordinance is available here:
http://citydocs.fcgov.com/?cmd=convert&vid=72&docid=2050878&dt=AGENDA+ITEM
&doc_download_date=MAR-05-2013&ITEM_NUMBER=30
To the extent of our knowledge, staff has consistently applied this standard to ensure that
no more than 250 square feet of additional allowance is applied to projects in the N-C-L
district. In the case of lots less than 6,000 square feet in size, staff has not been allowing an
additional 250 square feet of floor area for detached accessory structures. There is similar
code language located in Division 4.8 for the Neighborhood Conservation Medium Density
(N-C-M) zone district, which staff has also applied in a consistent way.
Because the wording in these two sections currently allows for multiple interpretations,
staff will follow this interpretation with a code change that clarifies the intent and approach
to calculating allowable floor area.
CONCLUSION:
Per Section 4.7(D)(2)(a)(2), 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. No allowance will be made for an additional 250
square feet for detached accessory structures.
Friday, May 03, 2019 Page 1 of 12
Land Use Code Maintenance Process
Annotated Issue List
1046
Placeholder for formatting Reports
and Ordinance
Problem Statement
N.A.
Proposed Solution Overview
N.A.
Related Code Revisions
Ord. Section Code Cite Revision Effect
1 N.A. N.A.
1051
Amend 2.1.5(B) - Dedications and Vacations - providing further clarity on the Director's
authority to accept the dedication of streets and easements as well as accept the vacation of
easements.
Problem Statement
This provision of code was intended to provide the authority of the Director to accept the
dedication of streets, easements and other rights-of-way as well as providing the authority
of the Director to accept the vacation of easements. The language in this section has been
open to interpretation over the years as to whether requests to dedicate or vacate can be
accepted by the Director when there is not an associated development application
concurrent with the request. For example, the City received a request to vacate a portion of
a drainage easement in a subdivision built several years ago, caused by the
homeowner’s request to build a patio into a drainage easement. The City interpreted that
the request to build a patio constituted a “planning item” that allowed the Director the authority to
vacate the easement, but it is being construed that the “planning item” pertains to the original
development plan approval of the subdivision. Proposed Solution Overview
The proposed solution is to not reference “planning items” and make clear that the
Director has the authority to accept the dedication of streets and easements as well as
accept the vacation of easements. Related Code Revisions
Ord. Section Code Cite Revision Effect
3 2.1.5(B) Clarifies Director's authority to accept dedications of streets
& easements and vacation of easements.
1093 Amend 3.2.1(A - N) - Tree Protection and Replacement - to update, revise and add new
provisions for a variety of aspects related to Landscape Plans with the primary focus on
trees.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 2 of 12
Problem Statement
This section covers all aspects of landscaping and has not been updated since initial
adoption. There have been many changes over the years to best practices for landscaping
design, installation, and mitigation. Issues related to mitigation for the Emerald Ash
Borer, payment in lieu, tree cut-outs, tree protection and critical root zone are now
addressed.
Proposed Solution Overview
The propose solution is a comprehensive update of the Landscaping section.
Related Code Revisions
Ord. Section Code Cite Revision Effect
9 3.2.1 Comprehensive update of the Landscaping section of the
Code.
1094 Amend 3.3.2(E)(1)(e) – Required Improvements Prior to Issuance of Certificate of Occupancy
– to delete a list of specific stormwater implementation techniques and replace with a
reference to the Development Review Checklist.
Problem Statement
The problem is that the current Code explicitly details all the Stormwater features to be
inspected with their inspections being at the point of installation. Adding new features, or
points of inspection, would require a Code change. Instead, the proposed language will
simply require inspections of specific private improvements and features at certain points
of installation as called out in the Development Certification Checklist required to be
submitted to Water Utilities Engineering. Any changes could then efficiently be made on
the Development Certification Checklist as they arise.
Proposed Solution Overview
The proposed solution is to delete the specific references to porous pavers, bioretention
cells, rain gardens, sand filters, extended detention basins and underground treatment and
replace with a broad reference to the Development Certification Checklist. Related Code
Revisions
Ord. Section Code Cite Revision Effect
12 3.3.2(E)(1)(e) Replaces detailed list of improvements with a checklist.
1095 Amend 3.3.5 – Engineering Design Standards – to add Broadband / Fiber Optic to the list of
utilities and services for which compliance with requirements and specifications must be
achieved.
Problem Statement
The list of utilities and services for which compliance must be achieved does not include
City’s newest utility - Broadband / Fiber Optic.
Proposed Solution Overview
Add Broadband / Fiber Optic to the list.
Related Code Revisions
Ord. Section Code Cite Revision Effect
13 3.3.5 Adds Broadband and Fiber Optic to the list.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 3 of 12
1096 Amend 3.5.2(D) to establish 150 feet as the maximum distance between the staging area for
emergency responders and access into individual single family attached dwelling units
Problem Statement
A relatively recent development trend is to orient single family attached dwellings such
that they do not front on public streets, private streets, or street-like private drives.
Instead, these dwellings front on connecting walkways or major walkway spines and face
common area open space often referred to as greenbelts, or greenways, or green courts.
This results in the back of units facing a private alley and consisting only of the garage
with no direct doors into the individual unit. Consequently, emergency responders and
their equipment can only gain access to these dwellings and stage their equipment from
these private alleys at the rear of the units. But in order to get into the unit, emergency
responders must go around three sides of the building to the front. Such arrangements
also require alleys to be named and that addresses be posted in the back.
The standard requirement for building perimeter access for firefighting in the Fire Code
for the Poudre Fire Authority is 150 feet as measured from the designated fire lane around
the building. While this standard is adequate for addressing the physical building
perimeter and may be slightly increased if there is an automatic fire sprinkler systems, it is
silent with regard to doors that provide access into individual units for medical
emergencies.
Proposed Solution Overview
The proposed solution is to add a requirement that at least one door provide direct access
for emergency responders into an individual single family attached unit and not be greater than
150 feet from where emergency responders and their equipment can stage and this access cannot
be through the garage. Related Code Revisions
Ord. Section Code Cite Revision Effect
16 3.5.2(D)(3)
Requires at least one door into single family attached
dwellings be within 150 feet of emergency access staging
area.
1098 Amend 3.8.17(A)(2)(b) - Building Height - Measuring Building Height - to correct a
discrepancy and delete the ability of a residential structure to use the 25-feet from floor-
to-floor allowance
Problem Statement
This section allows the height of a residential structure to be measured as a maximum of
25 feet from floor-to-floor. This standard contains two references: commercial and
residential. The reference to residential was inadvertently not deleted at the time a newer
standard was adopted which calls for the maximum vertical height of 12 feet, eight inches,
for each residential story, which is now the prevailing standard. The two standards are in
conflict. Also, at this time, adding a reference to industrial would provide further
explanation as industrial buildings are more likely to rely on greater distances between
floors than commercial buildings such as offices, hotels, retail stores and the like.
Proposed Solution Overview
The proposed solution is to delete the reference to residential in the standard that allows
commercial buildings to have a maximum height of 25 feet from floor-to-floor and add a
reference to industrial buildings. Related Code Revisions
Ord. Section Code Cite Revision Effect
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 4 of 12
17 3.8.17(A)(2)(b) Deletes the reference to residential,
adds industrial to measuring maximum building height.
1099 Amend 4.4(B)(3)(d) - R-L Permitted Use List - to add Wireless Telecommunications
Facility as a Type Two accessory use but restricted to non-residential properties such as
Places of Worship or Assembly, and only if stealth.
Problem Statement
The creation of private sector wireless communication networks has evolved since the
adoption of the federal Wireless Telecommunication Act of 1996. As originally
implemented, monopoles, ranging in height from 40 to 100 feet, were deemed adequate to
provide coverage over a specified geographic area. Now, with new technologies, and a
higher concentration of users in urban areas, providers are building networks that use a
combination of facilities (pole-mounted antennas) and equipment (building-mounted
antennas) that are at lower heights but more frequently dispersed.
Recently staff has processed two Requests for Additions of Permitted Use to allow
Wireless Telecommunications Facilities in the R-L zone. Both were located on
nonresidential properties, mitigated by stealth installation and both were approved. With
large areas of the City zoned R-L, and with the demand by consumers for coverage and
market response to provide coverage, allowing Facilities in the R-L would be appropriate
but restricted to non-residential properties. As mitigation, installations using stealth
techniques, such as church steeples, bell towers or silos would be required.
Proposed Solution Overview
The proposed solution is to add Wireless Telecommunications Facilities as a Type Two
permitted accessory use in the R-L zone with standards restricting installations to
nonresidential properties and using stealth technology as visual mitigation. Related Code
Revisions
Ord. Section Code Cite Revision Effect
18 4.4(B)(3) Adds Wireless Telecommunications Facilities as a Type 2
Accessory Use in R-L.
19 4.4(D)(4) Adds standards for W.T.F. in R-L.
1100 Amend 4.22(B)(2)(c) 28. – C-S, Service Commercial zone district – Type One Permitted Use
List – to delete Enclosed Mini-Storage Facilities if located at least 200 feet from N. College
Avenue portion of the C-S zone.
Problem Statement
Storage units are a land use that is contrary to the vision for urban evolution of synergistic
uses in the C-S-zoned portions of the North College Avenue corridor. The vision is
explained in the adopted North College Corridor Plan. An Urban Renewal Plan, Market
Analysis, and an Infrastructure Funding Plan are also in place to help implement the
vision.
The City and its Urban Renewal Authority (URA) Citizen Advisory Group (CAG)
continually seek solutions to remedy problems of past ad hoc subdivision of land when the
area was the outskirts of town along US Highway 287. Examples of such problems are
defective and inadequate street layout and faulty lot layout in relation to accessibility,
utility infrastructure, drainage, flooding, and overall functionality as part of the city.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 5 of 12
Retrofitting needed infrastructure and improving functionality generally depend upon
cooperation and participation across various existing land parcels. Assembly of land or
land pooling by owners of multiple parcels is needed in some cases to form more cohesive
development. These issues are described in plan documents.
The risk of a new storage unit development project creating a potentially new obstacle to
achieving the vision and goals has been recognized by staff and the URA CAG for some
time. There have been inquiries by owners where this would be the case. In discussions
with staff, inquiries have so far not become actual development proposals.
Enclosed Mini-Storage Facilities are a relatively expedient use with minimal need for
connectivity or public infrastructure, creating spots of low activity with no synergy with
surrounding parcels. Storage uses exist and are appropriate in an Industrial zone portion
of the area on the east side of North College Avenue.
A significant amount of public investment has been expended in the corridor to implement
the vision and remedy problems. Local, State and Federal funds have been used to
construct major public improvements from Jefferson Street to State Highway 1 including
street, railroad, drainage, and other utility infrastructure with associated beautification and
pedestrian improvements. Staff’s latest estimate of public investment since adoption of
the North College Corridor Plan in 1995 is in the range of $50-60 million. This
investment has resulted in economic activity and real estate development projects such as
the North College Marketplace, Lyric Cinema, Crowne Apartments at Old Town North,
and Jax Expansion among others.
Since the original 1995 North College Corridor Plan and its associated zoning, conditions
have changed to the point where there is positive economic momentum resulting in urban
evolution, but crucial improvements are still needed in key portions of the area where a
storage unit development would be incompatible.
Proposed Solution Overview
Delete Enclosed Mini-Storage Facilities from the North College Avenue corridor area in
C-S, Service Commercial zone district. Related Code Revisions
Ord. Section Code Cite Revision Effect
23 4.22(B)(2)(c)28 Deletes Enclosed Mini-Storage from
N. College in C-S zone.
1101 Amend 3.1.1 Article Three - General Provisions - Applicability - to clarify applicability to
single family on platted lots.
Problem Statement
The Applicability Section at the beginning of Article 3 contains terminology and language
that confuses applicability to single family houses.
Proposed Solution Overview
The proposed solution is to amend the language to add clarity with regard to single family
detached dwellings. Related Code Revisions
Ord. Section Code Cite Revision Effect
8 3.1.1 Clarifies the applicability of Article 3 to single family
detached dwellings.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 6 of 12
1102 Amend 5.1.2 - Definition of a Neighborhood Center - to match the description of a
Neighborhood Center as stated in the LMN development standards - 4.5(D)(3) - for
consistency.
Problem Statement
The definition of ‘Neighborhood Center’ in the LMN zone does not match the standards
for the LMN zoning district in Article 4. The difference: the LMN zone district includes
mixed-use dwelling units as an option for one of two uses that must be combined in order
to qualify a development as a Neighborhood Center; while the definition in Article 5
mentions “a combination of at least two (2) nonresidential uses…”.
Thus the question is whether or not the inclusion of a dwelling unit above a nonresidential
use qualifies a development as a Neighborhood Center. The LMN zone district list of
Permitted Uses includes the following (note that mixed-use dwelling units are included):
“Neighborhood centers consisting of at least two (2) of the following uses: mixed-use
dwelling units; retail stores; convenience retail stores; personal and business service
shops; small animal veterinary facilities; offices, financial services and clinics; community
facilities; neighborhood support/ recreation facilities; schools; child care centers; limited
indoor recreation establishments; open-air farmers markets; and places of worship or
assembly.” Likewise, a Land Use Standard in the LMN zone district states:
4.5(D)(3)(c)
“Land Use Requirements. A neighborhood center shall include two (2) or more of the
following uses: mixed-use dwelling units; community facilities; neighborhood
support/recreation facilities; schools; child care centers; places of worship or assembly;
convenience retail stores; retail stores; offices, financial services and clinics…”
Contrary to those LMN standards, the definition of Neighborhood Center mentions two
nonresidential uses:
“Neighborhood center shall mean a combination of at least two (2) nonresidential uses and
an outdoor space, which together provide a focal point and a year-round meeting place for
a Low Density Mixed-Use Neighborhood.”
Proposed Solution Overview
Amend 5.1.2, the definition of Neighborhood Center, to match the description in LMN
zone district per 4.5(D)(3). Related Code Revisions
Ord. Section Code Cite Revision Effect
24 5.1.2 Amends the definition of Neighborhood Center for
consistency with LMN permitted use.
1103 Amend 2.1.2(C) - Overview of Development Review Procedures - to add references to Basic
Development Review and make other minor edits.
Problem Statement
Since the adoption of the Code, projects that are not required to be subject to a public
hearing, either Type One or Two, were referred to as Building Permit Review and then later
renamed to Basic Development Review (BDR). Such projects include uses that are
fundamentally considered compatible with the underlying zone district and are generally not
complex. All relevant standards are applied to these projects. The original Code section that
describes the overview of the development review procedures made no mention of this review
process because there was, at that time, no formal routing, commenting, project tracking and no
requirement for a public hearing. Over time, however, BDR’s have become more formalized.
Consequently, the Code would be more current and user-friendly if BDR’s were described in
the overview. Proposed Solution Overview
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 7 of 12
The solution is to add references to BDR’s in the overview section and make minor edits
for clarity.
Related Code Revisions
Ord. Section Code Cite Revision Effect
2 2.1.2(C) Adds a specific reference to Basic Development Review.
1104 Amend 2.15(C)(7)(a) - PUD Overlay Review Procedure - to remove the reference to the
50acre minimum in case there is a request for a Modification for a parcel with less than
50 acres. Otherwise, there would be no decision maker.
Problem Statement
Section 4.29(C)(1), PUD Overlay – Application – establishes the 50-acre minimum
project size for PUD Master Plans. By placing this limitation in Article Four, it implies
that this standard is modifiable. Section 2.15(C)(7)(a) identifies the decision maker for
PUD Master Plans of various sizes. Planning & Zoning Board renders the decision on
PUD Master Plans that are 50-640 acres in size with City Council deciding on PUD
Master Plans over 640 acres. If an applicant seeks a modification to the 50-acre minimum
in 4.29(C)(1), section 2.15(C)(7)(a) does not provide clear direction on who decides on the
PUD Master Plan.
Proposed Solution Overview
Remove the 50-acre minimum threshold in Section 2.15(C)(7)(a).
Related Code Revisions
Ord. Section Code Cite Revision Effect
6 2.15(C)(7)(a) Removes the 50-acre minimum threshold.
1105 Amend 2.10 - Variances by the Zoning Board of Appeals - to allow certain variances to be
considered by the Director instead of the Z.B.A.
Problem Statement
Due to the growth of the City and the volume of cases being required to be heard by the
Zoning Board of Appeals, there has been an increase in the Board’s workload as well as
staff time. Further, staff finds that in the recent past, approximately 25% of the variances
are minor in scope and routinely approved by the Board. In order to address the over
processing of minor cases, and to allow more time for consideration of more complex
issues, staff recommends that the Director, or his delegee such as the Zoning Manager, be
granted the authority to be the decision maker for minor, routine cases of a limited scope.
Our peer communities have implemented this approach successfully. This process
improvement will be more efficient for homeowner-applicants, builders, contractors,
architects, land planners, staff and board members with no loss of quality control. In
circumstances where the Director deems appropriate, eligible cases may be referred to the
Zoning Board of Appeals.
Proposed Solution Overview
The proposed solution is to amend the Variances procedures to grant the Director, or his
delegee, the authority to be the decision maker in certain cases. Related Code Revisions
Ord. Section Code Cite Revision Effect
5 2.10 Amends the procedures and criteria for Variances to allow
Director review in limited cases.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 8 of 12
1106 Amend 3.2.1(K)(2) - Utilities and Traffic - to increase the distance between street trees and
traffic control signs from 20 to 50 feet.
Problem Statement
This provision of code presently requires a 20-foot separation from shade and/or
ornamental trees to traffic control sign and devises. Twenty feet of separation from a tree
to a stop (or yield sign), as well as 20 feet of separation from a tree to a traffic signal has
presented challenges in maintaining adequate sight distance to the traffic signage and
signals. A greater separation of 50 feet would help ensure that line of sight to the traffic
control device is adequately maintained throughout the maturity of the tree.
Proposed Solution Overview
The proposed solution is to amend the standard from 20 feet to 50 feet.
Related Code Revisions
Ord. Section Code Cite Revision Effect
10 3.2.1(K)(2) Increases the distance between trees and traffic control
signs.
1107 Amend 2.18.3(G) - Step 7(D) - Basic Development Review - Decision and Findings - to provide
written notice, including appeal information, to abutting property owners regarding a BDR
decision.
Problem Statement
We recently adopted a Code revision that removes the obligation to provide notice (sign
posting, newspaper published notice and written letter to A.P.O.’s) for all B.D.R.’s that
are not Minor Subdivisions that create new lots. Since all B.D.R.’s are appealable, there
remains a burden to let the public know that a decision has been made. With the new
revision, we have moved from providing an abundance of notice to providing a dearth of
notice. If a B.D.R. decision is appealable, but there is no practical manner for an abutting
property owner to become informed of such decision, then the appeal process lacks
transparency.
Proposed Solution Overview
The proposed solution is to provide post-decision notice to abutting property owners.
(Again, for Minor Subdivisions that yield a new lot, full notification is already required.) This
notice would also include appeal information. Related Code Revisions
Ord. Section Code Cite Revision Effect
7 2.18.3(G) Requires notice of BDR decision to abutters.
1109 Amend 3.2.4 - Lighting - to add that light fixtures must not exceed correlated color
temperature of 3,000 degrees Kelvin and make minor edits based on new lighting
technology.
Problem Statement
City Council adopted Resolution 2016-074 expressing Council’s intent and General Policy
Considerations Regarding Night Sky Objectives (September 20, 2016). The Resolution
states that, “the City will incorporate dark sky policies and standards into Building Codes,
Land Use Codes, and Streetscape standards when applicable and appropriate.” An
interdisciplinary staff team continues to work with a consultant to comprehensively
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 9 of 12
address lighting issues and promote dark sky policies both on a citywide basis, and out of
the city in the case of natural areas.
In the short term, however, staff has identified two quick fixes to acknowledge the advent
of LED (light emitting diodes) technology and to implement a maximum correlated color
temperature (CCT) to reduce glare. These two revisions have been identified as
noncontroversial and are being practiced now but on a recommendation basis only.
Codifying at this time allows for the implementation of dark sky policies in a timely
manner.
Proposed Solution Overview
The proposed solution is to adopt the revisions identified by staff working on the dark sky
policies.
Related Code Revisions
Ord. Section Code Cite Revision Effect
11 3.2.4(D)(11) Maximum correlated color temperature 3000 degrees
Kelvin.
11 3.2.4(D)(5) Deletes obsolete references.
1110 Amend 3.4.1(E)(1) - Natural Habitats and Features - 3.4.1(E)(1)(c) - Buffer Zone
Performance Standards - to clarify the scope of the buffer zone and emphasize that non-
native trees & vegetation must be evaluated in the ECS for potential ecological value.
Problem Statement
Under (E)(1), the sentence that allows stated buffer zone dimensions to be adjusted based
on performance standards is currently worded in a way that confuses the concept. General
buffer zone dimensions are stated in a table, but those dimensions are accompanied by a
proviso that the decision maker may reduce a dimension if listed performance standards
are achieved. Current wording, however, suggests that the decision maker must reduce a
stated dimension if necessary, to achieve the listed performance standards. It would never
be necessary to reduce a dimension to achieve the performance standards, that is simply
incorrect wording.
Rather, the performance standards are to allow a dimension to be reduced if the
performance standards are met.
This wording has caused awkward and confusing discussion in at least two development
projects where a dimension was reduced based on achieving the performance standards,
but it was not necessary to do so.
Under (E)(1)(c), the current language states that only existing trees and vegetation that are
deemed significant per 3.2.1 - Tree Protection Standards for Landscape Plans - are to be
preserved. Staff has found, however, that existing non-significant trees and vegetation
have habitat value and must be considered for preservation and accounted for in any
evaluation by an Ecological Characterization Study.
Proposed Solution Overview
The proposed solution to (E)(1) is to reword the language for clarity. The proposed
solution to (E)(1)(c) is to revise and add language that states all non-native trees and
vegetation must be considered for preservation even though some species may not be
considered significant under the Tree Protection standards for Landscape Plans in
3.2.1(F). This would allow clusters of non-native species such as Siberian Elms
and Russian Olive to be considered for habitat and ecological values. Related Code
Revisions
Ord. Section Code Cite Revision Effect
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 10 of 12
15 3.4.1(E)(1)(c) Clarifies that all non-native trees and vegetation that are
not significant to be evaluated for ecological value.
15 3.4.1(E)(1) Corrects the standard as originally intended.
1111 Amend 3.4.1(D)(1)(e) - Ecological Characterization Study - to clarify that non-native trees &
vegetation be evaluated for potential habitat value even though certain species would not
meet the mitigation criteria under Tree Protection in 3.2.1.
Problem Statement
The current Code section is in need of updating and enhanced specificity. City
Environmental Planning staff have encountered numerous development projects where
trees proposed for removal do not meet tree mitigation criteria in 3.2.1 under Landscaping
yet provide habitat value, as determined by Environmental staff during site visits and/or
biologists in ecological characterization studies. While tree mitigation in 3.2.1 accounts
for lost ecological and environmental value, habitat value is secondary to tree condition,
caliper and species, thereby disqualifying trees with habitat value from mitigation. There
is a need to allow environmental planners to mitigate for lost habitat value to better reflect
the intent of section 3.4.1 of the Code, which strives to protect natural habitats and
features on the site and in the vicinity of the site during development.
Proposed Solution Overview
The proposed Code revision allows mitigation for trees not covered under Section 3.2.1 of
the Code on properties containing a habitat buffer zone. Mitigation plantings will occur
within the natural habitat buffer zone to maintain the site’s habitat and ecological function.
Related Code Revisions
Ord. Section Code Cite Revision Effect
14 3.4.1(D)(1)(e) Clarifies that the ECS describe the habitat
value of nonnative trees and vegetation.
1113 Amend 4.7(D)(E)(F) - N-C-L Land Use Standards, Dimensional Standards and
Development Standards - to revise floor area metrics, clarify the height of carriage houses,
add dormer standards and clarify eave height.
Problem Statement
As design standards for accessory building/carriage houses have evolved, repetitive
standards have been created in the Land Use Code. The repetitive standards have not
always been consistent and have led to confusion. Clarification is needed for the
standards that address maximum allowable floor area, maximum allowable height and
maximum eave height. Additionally, accessory buildings/carriages houses do not
currently limit the size of a dormer and how that that may increase wall and eave heights.
It is unclear at what size are dormers an acceptable deviation to eaves and wall height
limitations.
Proposed Solution Overview
The proposed solution is to amend the standards that are repetitive and provide clear
direction on design standards of accessory buildings/carriage houses. Related Code
Revisions
Ord. Section Code Cite Revision Effect
20 4.7(D)(E)(F) Clarifies standards related to allowable floor area, height,
dormers and eaves of accessory buildings and carriage
houses.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 11 of 12
1115 Amend 4.8(D)(E)(F) - N-C-M Land Use Standards, Dimensional Standards and
Development Standards - to revise floor area metrics, clarify height of carriage houses, add
dormer standards and clarify eave height.
Problem Statement
As design standards for accessory building/carriage houses have evolved, repetitive
standards have been created in the Land Use Code. The repetitive standards have not
always been consistent and have led to confusion. Clarification is needed for the
standards that address maximum allowable floor area, maximum allowable height and
maximum eave height. Additionally, accessory buildings/carriages houses do not
currently limit the size of a dormer and how that that may increase wall and eave heights.
It is unclear at what size are dormers an acceptable deviation to eaves and wall height
limitations.
Proposed Solution Overview
The proposed solution is to amend the standards that are repetitive and provide clear
direction on design standards of accessory buildings/carriage houses.
Related Code Revisions
Ord. Section Code Cite Revision Effect
21 4.8(D)(E)(F) Clarifies standards related to allowable floor area, height,
dormers and eaves of accessory buildings and carriage
houses.
1116 Amend 4.9(D)(E) - N-C-B Land Use Standards and Dimensional Standards to revise floor area
metrics, clarify height of carriage houses, add dormer standards, and clarify eave height.
Problem Statement
As design standards for accessory building/carriage houses have evolved, repetitive
standards have been created in the Land Use Code. The repetitive standards have not
always been consistent and have led to confusion. Clarification is needed for the
standards that address maximum allowable floor area, maximum allowable height and
maximum eave height. Additionally, accessory buildings/carriages houses do not
currently limit the size of a dormer and how that that may increase wall and eave heights.
It is unclear at what size are dormers an acceptable deviation to eaves and wall height
limitations.
Proposed Solution Overview
The proposed solution is to amend the standards that are repetitive and provide clear
direction on design standards of accessory buildings/carriage houses. Related Code
Revisions
Ord. Section Code Cite Revision Effect
22 4.9(D)(E) Clarifies standards related to allowable floor area, height,
dormers and eaves of accessory buildings and carriage
houses.
1117 Amend 2.2.12 - Common Development Review Procedures - Step 12: Appeals / Alternate -
to add a new reference to Section 2.18 - Basic Development Review since the BDR process
has become more formalized.
ITEM 6, ATTACHMENT 2
Friday, May 03, 2019 Page 12 of 12
Problem Statement
When the LUC was established, there was no formalized Basic Development Review
procedure. These projects were considered minor in scope and permitted subject to
simply applying for a building permit and the review process was informally managed by
the zoning administrator as a building permit review. As time went on, however, these
projects became more complex requiring a review process more comparable to a P.D.P.
versus a building permit. The term Basic Development Review was initiated along with a
more formal review process, which now includes an appeal procedure and contained
within a relatively new section 2.18. Currently, under the Common Development Review
Procedures – Step 12: Appeals, there is no reference to Basic Development Review.
Proposed Solution Overview
Add a reference to Basic Development Review under the common development review
procedures.
Related Code Revisions
Ord. Section Code Cite Revision Effect
4 2.2.12 Adds a reference to BDR.
ITEM 6, ATTACHMENT 2
DRAFT SUBJECT TO CHANGE PENDING FURTHER REVIEW
1
ORDINANCE NO. ___, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE
CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of
staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, since its adoption, City staff and the Planning and Zoning Board have
continued to review the Land Use Code and identify and explore various issues related to the Land
Use Code and have now made new recommendations to the Council regarding certain issues that
are ripe for updating and improvement; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2.1.2(C) of the Land Use Code is hereby amended to read as
follows:
2.1.2 Overview of Development Review Procedures
. . .
(C) Which type of development application should be submitted? To proceed with a
development proposal for permitted uses, the applicant must determine what type
of development application should be selected and submitted. All development
proposals which include only permitted uses must be processed and approved
through the following development applications: first through a project
development plan (Division 2.4), and then through a final plan (Division 2.5). If
the applicant desires to develop in two (2) or more separate project development
plan submittals, an overall development plan (Division 2.3) will also be required
prior to or concurrently with the project development plan. Overall development
plans, PUD Overlays, basic development reviews, project development plans and
final plans are the four (4) five (5) types of development applications for permitted
DRAFT SUBJECT TO CHANGE PENDING FURTHER REVIEW
2
uses. Each successive development application for a development proposal must
build upon the previously approved development application, as needed, by
providing additional details (through the development application submittal
requirements) and by meeting additional restrictions and standards (contained in
the General Development Standards of Article 3 and the District Standards
of Article 4). Overall development plans, basic development reviews and project
development plans may be consolidated into one (1) application for concurrent
processing and review when appropriate under the provisions of Section 2.2.3. The
purpose, applicability and interrelationship of these types of development
applications are discussed further in Section 2.1.3.
Section 3. That Section 2.2.12 of the Land Use Code is hereby amended to read as
follows:
(A) Appeals. Appeals of any final decision of a decision maker under this Code shall be
only in accordance with Chapter 2, Article II, Division 3 of the City Code, unless
otherwise provided in Divisions 2.3 through 2.11 and 2.16, 2.18, and 2.19 of this Code.
. . .
Section 4. That Section 2.18.3(G) of the Land Use Code is hereby amended to read as
follows:
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
. . .
Step 7(D)(1 and 2) : (Decision and Findings): Not applicable and in substitution thereof,
after consideration of the development application, the Director shall issue a written
decision to approve, approve with conditions, or deny the development application based
on compliance with the standards referenced in Step 8 of the Common Development
Review Procedures (Section 2.2.8). The written decision shall be mailed to the
applicant,and to any person who provided comments during the comment period and to the
abutting property owners, and shall also be posted on the City's website at www.fcgov.com.
. . .
Section 5. That Section 3.1.1 of the Land Use Code is hereby amended to read as
follows:
3.1.1 - Applicability
All development applications and building permit applications shall comply with the
applicable standards contained in divisions 3.1 through 3.11 except that with the following
exceptions:
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3
(A) sSingle-family detached dwellings and extra occupancy rental houses on platted
lots that are subject only to building permit review.under article 4, as well as any
(B) aAccessory buildings, structures and accessory uses associated with the such
single-family dwellings and extra occupancy rental houses listed in (A) above,.
Applications for the development noted in exceptions (A) and (B) above must need to
comply only with: (a) the standards contained in article 4 for the zone district in which such
uses are located; (b) the standards contained in division 3.8; and (c) with respect to extra
occupancy rental houses, the additional standards contained in sSection 3.2.2(k)(1)(j).
Existing Development. In addition to the foregoing, this Land Use Code shall continue to
apply to ongoing use of land in a completed developments to the extent that the provisions
of this lLand uUse cCode can be reasonably and logically interpreted as having such
ongoing application.
Section 6. That Section 3.2.1(A) through (I) of the Land Use Code is hereby amended
to read as follows:
3.2.1 - Landscaping and Tree Protection
(A) Applicability. This Section shall apply to all development (except for development on
existing lots for single-family detached dwellings) within the designated "limits of
development" ("LOD") and natural habitatarea buffer zones established according to
Section 3.4.1 (Natural Habitats and Features).
(B) Purpose. The intent of this Section is to require preparation of landscape and tree protection
plans that ensure significant canopy cover is created, diversified and maintained shading
so that all associated social and environmental benefits are maximized to the extent
reasonably feasible. These benefits include reduced erosion and stormwater runoff,
improved water conservation, air pollution mitigation, to reduced glare and heat build-up,
contribute to visual quality increased aesthetics, and improved continuity within and
between developments. Trees planted in appropriate spaces also, provide screening and
may mitigateion of potential conflicts between activity areas and other site elements while,
enhancinge outdoor spaces, all of which add to a more resilient urban forest., reduce
erosion and stormwater runoff, encourage water conservation and mitigate air pollution.
. . .
(D) Tree Planting Standards. All developments shall establish groves and belts of trees along
all city streets, in and around parking lots, and in all landscape areas that are located within
fifty (50) feet of any building or structure in order to establish at least a partial urban tree
canopy. The groves and belts may also be combined or interspersed with other landscape
areas in remaining portions of the development to accommodate views and functions such
as active recreation and storm drainage.
DRAFT SUBJECT TO CHANGE PENDING FURTHER REVIEW
4
(1) Minimum Plantings/Description. These tree standards require at least a minimum
tree canopy but are not intended to limit additional tree plantings in any remaining
portions of the development. Groves and belts of trees shall be required as follows:
. . .
(c) “full tree stocking” shall be required in all landscape areas within fifty (50)
feet of any building or structure as further described below. Landscape areas
shall be provided in adequate numbers, locations and dimensions to allow
full tree stocking to occur along all high use or high visibility sides of any
building or structure. Such landscape areas shall extend at least seven (7)
feet from any building or structure wall and contain at least fifty-five (55)
square feet of nonpaved ground area, except that any planting cutouts in
walkways shall contain at least sixteen thirty-two (1632) square feet. A
minimum planting cutout of four (4) feet wide shall be provided and the
recommended lengths are as follows: eight (8) feet, ten (10) feet or twelve
(12) feet. Applicants are encouraged to investigate and implement, subject
to City approval, alternative methods or subsurface technologies to promote
tree root growth. Planting cutouts, planters or other landscape areas for tree
planting shall be provided within any walkway that is twelve (12) feet or
greater in width adjoining a vehicle use area that is not covered with an
overhead fixture or canopy that would prevent growth and maturity.
. . .
(2) Street Trees. Planting of street trees shall occur in the adjoining street right-of-way,
except as described in subparagraph (b) below, in connection with the development
by one (1) or more of the methods described in subparagraphs (a) through (ce)
below:
. . .
(b) Wherever the sidewalk is attached to the street in a manner that fails to
comply with the Larimer County Urban Area Street Standards, canopy
shade trees shall be established in an area ranging from three four (34) to
seven (7) feet behind the sidewalk at the spacing intervals as required in
subsection (a) above. Planting shall occur on public right-of-way if it is wide
enough, otherwise trees shall be planted on adjoining private property to
comply with this subsection.
(c) Wherever the sidewalk is attached to the street and is ten (10) feet or more
in width, or extends from the curb to the property line, canopy shade trees
shall be established in planting cutout areas of at least sixteen thirty-two
(1632) square feet at thirty-foot to forty-foot spacing.
(d) Ornamental trees shall be planted in substitution for the canopy shade trees
required in subsection (D)(2)(a) and (b) above where overhead lines and
DRAFT SUBJECT TO CHANGE PENDING FURTHER REVIEW
5
fixtures prevent normal growth and maturity. Ornamental trees shall be
placed at least fifteen (15) feet away from any streetlight.
(e) Wherever existing ash trees (Fraxinus species) are in the adjoining street
right-of-way, the applicant shall coordinate and obtain an onsite analysis
with the City Forester to determine replacement canopy shade trees either
through shadow planting or other emerald ash borer mitigation methods.
(3) Minimum Species Diversity. To prevent uniform insect or disease susceptibility
and eventual uniform senescence on a development site or in the adjacent area or
the district, species diversity is required, and extensive monocultures are
prohibited. The following minimum requirements shall apply to any development
plan.
Number of trees
on site
Maximum percentage of
any one species
10—19 50%
20—39 33%
40—59 25%
60 or more 15%
(4) Tree Species and Minimum Sizes. The Director City Forester shall provide a
recommended list of trees which shall be acceptable to satisfy the requirements for
landscape plans, including approved canopy shade trees that may be used as street
trees. The following minimum sizes shall be required (except as provided in
subparagraph (5) below):
Type Minimum Size
Canopy Shade Tree 2.0" caliper balled and burlapped
or equivalent
Evergreen Tree 6.0' height balled and burlapped
or equivalent
Ornamental Tree 1.5" caliper balled and burlapped
or equivalent
Shrubs
5 gallon or adequate size
consistent with design intent or 1
gallon may be permitted if
planting within the Critical Root
Zone of existing trees
Canopy Shade Tree as
a street tree on a
1.25" caliper container or
equivalent
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6
Residential Local
Street Only
Any tree plantings that are in addition to those that are made as part of the approved
landscape plan are exempt from the foregoing size requirements.
. . .
(F) Tree Protection Preservation and Mitigation Replacement. Existing significant trees (6-
inches and greater in diameter) within the LOD and within natural habitat area buffer zones
shall be preserved to the extent reasonably feasible and may help satisfy the landscaping
requirements of this Section as set forth above. Such trees shall be considered "protected"
trees within the meaning of this Section, subject to the exceptions contained in subsection
(2) below. Streets, buildings and lot layouts shall be designed to minimize the disturbance
to significant existing trees. All required landscape plans shall accurately identify the
locations, species, size and condition of all significant trees, each labeled showing the
applicant's intent to either remove, transplant or protect.
Where it is not feasible to protect and retain significant existing tree(s) or to transplant
them to another on-site location, the applicant shall replace such tree(s) according to the
following schedule and requirements and shall. Replacement trees shall be used to satisfy
the tree planting standards of this Section. To the extent reasonably feasible, Rreplacement
trees shall be planted either on the development site or, if not reasonably feasible, in the
closest available and suitable planting site on public or private property. The closest
available and suitable planting site shall be selected within one-half (½) mile (2,640 feet)
of the development site, subject to the following exceptions. If suitable planting sites for
all of the replacementmitigation trees are not available within one-half (½) mile (2,640
feet) of the development, then the planting site shall be selected within one (1) mile (5,280
feet) of the development site. If suitable planting sites are not available for all of the
mitigation trees within one (1) mile (5,280 feet) of the development site, then the City
Forester shall determine the most suitable planting location within the City's boundaries as
close to the development site as feasible. If locations for planting replacement trees cannot
be located within one-half mile of the development site, the applicant may, instead of
planting such replacement trees, submit a payment in lieu to the City of Fort Collins
Forestry Division to be used to plant replacement trees to plant replacement trees as close
to the development site as possible. The payment in lieu mitigation fee per tree is
determined by the City Forester and may be adjusted annually based on market rates.
Payment must be submitted prior to the Development Construction Permit issuance or
other required permits.
(1) A significant tree that is removed shall be replaced with not less than one (1) or
more than six (6) replacement trees sufficient to mitigate the loss of contribution
and value of the removed significant tree(s). Notwithstanding the foregoing,
significant Siberian elm, and Russian-olive and ash trees located in a natural habitat
buffer found to contain ecological value, as provided in paragraph 3.4.1(D)(1) of
this Code, shall be mitigated in accordance with subparagraph 3.4.1(E)(2)(b) of this
Code. The applicant shall select either the coordinate with the City Forester or a
DRAFT SUBJECT TO CHANGE PENDING FURTHER REVIEW
7
qualified landscape appraiser to determine such loss based upon an onsite tree
assessment appraisal, including, but not limited to, shade, canopy, condition, size,
aesthetic, environmental and ecological value of the tree(s) to be removed. and by
using the species and location criteria in the most recent published Guide for Plant
aAppraisal guide by the Council of Tree and Landscape Appraisers. Replacement
trees shall meet the following minimum size requirements unless otherwise
determined by the City Forester:
(a) Canopy Shade Trees: 32.00" caliper balled and burlap or equivalent.
(b) Ornamental Trees: 2.50" caliper balled and burlap or equivalent.
(c) Evergreen Trees: 8' height balled and burlap or equivalent.
(2) Trees that meet one (1) or more of the following removal criteria shall be exempt
from the requirements of this subsection unless they meet mitigation requirements
provided in paragraph 3.4.1(D)(1) of this Code:
. . .
(c) Siberian elm less than eleven (11) inches DBH and Russian-olive or ash
(Fraxinus species) less than eight (8) inches DBH;
(d) Russian-olive, and Siberian elm, and ash (all Fraxinus species) of wild or
volunteer origin, such as those that have sprouted from seed along fence
lines, near structures or in other unsuitable locations;
(e) Russian-olive, and Siberian elm, and ash (all Fraxinus species) determined
by the City Forester to be in poor condition.
. . .
(G) Tree Protection Specifications. The following tree protection specifications shallould be
followed to the maximum extent feasible for all projects with protected existing trees. Tree
protection methods shall be delineated on the demolition plans and development plans.
. . .
(2) All protected existing trees shall be pruned to the City of Fort Collins Forestry
Division standards.
(3) Prior to and during construction, barriers shall be erected around all protected
existing trees with such barriers to be of orange construction or chain link fencing
a minimum of four (4) feet in height, secured with metal T-posts, no closer than six
(6) feet from the trunk or one-half (½) of the drip line, whichever is greater.
Concrete blankets, or equivalent padding material, wrapped around the tree trunk(s)
DRAFT SUBJECT TO CHANGE PENDING FURTHER REVIEW
8
is recommended and adequate for added protection during construction. There shall
be no storage or movement of equipment, material, debris or fill within the fenced
tree protection zone. A tree protection plan must be submitted to and approved by
the City Forester prior to any development occurring on the development site.
. . .
(7) The installation of utilities, irrigation lines or any underground fixture requiring
excavation deeper than six (6) inches shall be accomplished by boring under the
root system of protected existing trees at a minimum depth of twenty-four (24)
inches. The auger distance is established from the face of the tree (outer bark) and
is scaled from tree diameter at breast height as described in the chart below. Low
pressure hydro excavation, air spading or hand digging are additional
tools/practices that will help reduce impact to the tree(s) root system when
excavating at depths of twenty-four (24) inches or less. Refer to the Critical Root
Zone (CRZ) diagram, Figure 2, for root protection guidelines. The CRZ shall be
incorporated into and shown on development plans for all existing trees to be
preserved.
Tree Diameter at Breast
Height (inches)
Auger Distance From
Face of Tree (feet)
0-2 1
3-4 2
5-9 5
10-14 10
15-19 12
Over 19 15
Figure 2
Critical Root Zone Diagram
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9
(H) Placement and Interrelationship of Required Landscape Plan Elements. In approving
the required landscape plan, the decision maker shall have the authority to determine the
optimum placement and interrelationship of required landscape plan elements such as trees,
vegetation, turf, irrigation, screening, buffering and fencing, based on the following
criteria:
. . .
(4) creating visual interest year-round;
. . .
(I) Landscape Materials, Maintenance and Replacement.
. . .
(8) Restricted Species. City Forestry Division shall provide a list of specified tree
species that shall not be planted within the limits of development and adjoining
street right-of-way. For example, no ash trees (Fraxinus species) shall be planted
due to the anticipated impacts of the emerald ash borer.
(9) Prohibited species. For prohibited species reference Chapter 27, Article II, Division
1, Sec. 27-18 of the Fort Collins Municipal Code.
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10
. . .
Section 7. That Section 3.2.1(K) of the Land Use Code is hereby amended to read as
follows:
(K) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The
following list sets forth minimum dimension requirements for the most common tree/utility
and traffic control device separations. Exceptions to these requirements may occur where
utilities or traffic control devices are not located in their standard designated locations, as
approved by the Director. Tree/utility and traffic control device separations shall not be
used as a means of avoiding the planting of required street trees.
(1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet between
ornamental trees and streetlights. (See Figure 23.)
Figure 23
Tree/Streetlight Separations
(2) Twenty (20) feet between shade and/or ornamental trees and traffic control signs
and devicesMinimum of fifty (50) feet between street trees and stop/yield signs and
traffic signals.
. . .
Section 8. That Section 3.2.4(D) of the Land Use Code is hereby amended to read as
follows:
3.2.4 Site Lighting
. . .
(D) Design Standards. The lighting plan shall meet the following design standards:
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11
. . .
(5) Light sources must minimize contrast with the light produced by
surrounding uses and must produce an unobtrusive degree of brightness in
both illumination levels and color rendition. Incandescent and high-
pressure sodium light sources all can provide adequate illumination with
low contrast and brightness and are permitted light sources.
(11) All lighting shall have a nominal correlated color temperature (CCT) of
no greater than three thousand (3,000) degrees Kelvin.
Section 9. That Section 3.3.2(E)(1)(e) of the Land Use Code is hereby amended to read
as follows:
(E) Required Improvements Prior to Issuance of Certificate of Occupancy.
. . .
(e) Drainage. The construction of stormwater drainage facilities required by the
approved Development Plan Documents must be consistent with the Stormwater
Criteria Manual as it may be modified from time to time. Such stormwater drainage
facility must be verified by an authorized City inspector at the appropriate phases
of construction activities as specified in the Development Certification Checklist
issued by Water Utilities Engineering and available on the City of Fort Collins
website. from the Department, including but not limited to the following:
(1) Porous Pavers:
(a) Installation must be verified via inspection by an authorized City
inspector at the point of installation of the outlet, underdrain,
geomembrane layer, if included in whole or in part in the design
detail set forth in the Development Plan Documents, and sub-base
course.
(b) Installation of this facility must be verified via inspection by an
authorized City inspector at the point of installation of the pavers
and joint fill material.
(2) Bioretention Cells, Rain Gardens, and/or Sand Filters:
(a) Installation of this facility was verified via inspection by an
authorized City inspector at the point of installation of the outlet,
underdrain and geomembrane layer, if included in whole or in part
in the design detail set forth in the Development Plan Documents,
and base course.
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12
(b) Installation of this facility was verified via inspection by an
authorized City inspector at the point of installation of the pea gravel
course and sand or growing media layer course.
(3) Extended Detention Basins: Installation of this facility was verified via
inspection by an authorized City inspector at the point of installation of the
water quality control box(es).
(4) Underground Treatment: Installation of this facility was verified via
inspection by an authorized City inspector at the point at which the feature
is installed but not buried.
In the event of non-compliance, the City shall have the option to withhold building
permits and/or certificates of occupancy or use any other legal remedy that may be
provided in the City Code, the Land Use Code and/or the Development Agreement,
as determined appropriate to ensure that the Developer properly installs all privately
owned stormwater improvements associated with the development as specified in
the Development Plan Documents.
In addition, a “Drainage Certification” prepared by a Professional Engineer
licensed in the State of Colorado must be provided. The “Certification” must
confirm to the City that all stormwater drainage facilities required to serve the
property have been constructed in conformance with the approved Development
Plan Documents so as to protect downstream property and the quality of
Stormwater runoff from the property to comply with the City’s Municipal Separate
Storm Sewer System permit. Such certification must be in the form required by the
City’s Stormwater Criteria Manual and Construction Standards.
. . .
Section 10. That Section 3.3.5 of the Land Use Code is hereby amended to read as
follows:
3.3.5 - Engineering Design Standards
The project must comply with all design standards, requirements and specifications for the
following services as certified by the appropriate agency or variances must be granted by such
agency:
• water supply
• sanitary sewer
• mass transit
• fire protection
• flood hazard areas
• telephone
• walks/bikeways
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13
• irrigation companies
• electricity
• natural gas
• storm drainage
• cable television
• streets/pedestrians
• broadband/fiber optic
Section 11. That Section 3.4.1(D)(1)(e) of the Land Use Code is hereby amended to
read as follows:
3.4.1 Natural Habitats and Features
. . .
(D) Ecological Characterization and Natural Habitat or Feature Boundary
Definition. The boundary of any natural habitat or feature shown on the Natural
Habitats and Features Inventory Map is only approximate. The actual boundary
of any area to be shown on a project development shall be proposed by the applicant
and established by the Director through site evaluations and reconnaissance, and
shall be based on the ecological characterization of the natural habitat or feature in
conjunction with the map.
(1) Ecological Characterization Study. If the development site contains, or is
within five hundred (500) feet of, a natural habitat or feature, or if it is
determined by the Director, upon information or from inspection, that the
site likely includes areas with wildlife, plant life and/or other natural
characteristics in need of protection, then the developer shall provide to the
City an ecological characterization report prepared by a professional
qualified in the areas of ecology, wildlife biology or other relevant
discipline. At least ten (10) working days prior to the submittal of a project
development plan application for all or any portion of a property, a
comprehensive ecological characterization study of the entire property must
be prepared by a qualified consultant and submitted to the City for review.
The Director may waive any or all of the following elements of this
requirement if the City already possesses adequate information required by
this subsection to establish the buffer zone(s), as set forth in subsection (E)
below, and the limits of development ("LOD"), as set forth in subsection
(N) below. The ecological characterization study shall describe, without
limitation, the following:
. . .
(e) the pattern, species and location of all non-native trees and any
significant non-native trees, including Siberian elm and Russian
olive trees, as described in paragraph 3.2.1(F)(1) of this Code, and
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non-native vegetation that contribute to the site's ecological, shade,
canopy, aesthetic and cooling value;
. . .
Section 12. That Section 3.4.1(E) of the Land Use Code is hereby amended to read as
follows:
3.4.1 Natural Habitats and Features
. . .
(E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and
features shall be shown on the project development plan for any development that
is subject to this Division. The purpose of the buffer zones is to protect the
ecological character of natural habitats and features from the impacts of the
ongoing activity associated with the development.
(1) Buffer Zone Performance Standards. The decision maker shall determine
the buffer zones for each natural habitat or feature contained in the project
site. The buffer zones may be multiple and noncontiguous. The general
buffer zone distance is established according to the buffer zone table
below, but the decision maker may shall reduce or enlarge any portion of
the general buffer zone distance so long as the reduced buffer complies
with, if necessary in order to ensure that the performance standards set
forth below are achieved. To mitigate a reduced portion of the buffer area,
the decision maker may also enlarge any portion of the general buffer zone
distance if necessary to ensure that the buffer complies with the
performance standards set forth below. The buffer zone performance
standards are as follows:
. . .
(c) The project shall be designed to preserve significant existing trees
and other significant existing vegetation on the site. that contribute
to the site’s ecological, shade, canopy, aesthetic, habitat and cooling
value. Notwithstanding the requirements of Section 3.2.1(F), all
trees and vegetation within the Limits of Development must be
preserved or, if necessary, mitigated based on the values established
by the Ecological Characterization Study or the City Environmental
Planner. Such mitigation, if necessary, shall include trees, shrubs,
grasses, or any combination thereof, and must be planted within the
buffer zone.
. . .
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Section 13. That Section 3.5.2(D) of the Land Use Code is hereby amended by the
addition of a new subparagraph (3) which reads in its entirety as follows:
(D) Relationship of Dwelling to Streets and Parking.
. . .
(3) At least one door providing direct access for emergency responders from the
outside into each individual single family attached dwelling must be located within
one hundred fifty (150) feet from the closest emergency access easement or
designated fire lane as measured along paved walkways. Neither an exterior nor
interior garage door shall satisfy this requirement.
Section 14. That Section 3.8.17(A)(2) of the Land Use Code is hereby amended to read
as follows:
3.8.17 Building Height
. . .
(2) Building Height Measured in Stories. In measuring the height of a building in
stories the following measurement rules shall apply:
(a) A balcony or mezzanine shall be counted as a full story when its floor area
is in excess of one-third (1/3) of the total area of the nearest full floor
directly below it.
(b) No story of a commercial or industrial residential building shall have more
than twenty-five (25) feet from floor to floor.
(c) A maximum vertical height of twelve (12) feet eight (8) inches shall be
permitted for each residential story. This maximum vertical height shall
apply only in the following zone districts: U-E; R-F; R-L; L-M-N; M-M-N;
N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C; and H-C.
. . .
Section 15. That Section 4.4(B)(3)(e) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) to read as follows:
. . .
(3) The following uses are permitted in the R-L District, subject to review by the
Planning and Zoning Board:
. . .
(e) Accessory / Miscellaneous Uses:
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1. Wireless Telecommunications Facilities.
. . .
Section 16. That Section 4.4(D) of the Land Use Code is hereby amended by the
addition of a new subparagraph (4) which reads in its entirety as follows:
(4) Wireless Telecommunications Facilities. Wireless telecommunications facilities
must be located on a non-residential parcel and installation must be mitigated by
use of stealth techniques such as steeples, bell towers, grain silos, and the like.
Section 17. That Section 4.7 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.7 Neighborhood Conservation, Low Density District (N-C-L)
(D) Land Use Standards.
. . .
(2) Allowable Floor Area on Lots.
(a) The allowable floor area shall be as follows:
. . .
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.
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.
. . .
(5) 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
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17
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 and basement floor area where
any exterior basement wall is exposed by more than three (3) feet above the existing
grade at the interior side lot line adjacent to the wall. 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.
(6) 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
ground floor plus that portion of the floor area of any second story building having
a ceiling height of at least seven and one-half (7½) feet and basement floor area
where any exterior basement wall is exposed by more than three (3) feet above the
existing grade at the interior side lot line adjacent to the wall.
(E) Dimensional Standards.
. . .
(5) Maximum building height shall be two (2) stories, except in the case of a detached
dwelling unit at the rear of the lotfor carriage houses and accessory buildings
containing habitable space, which shall be a maximum of one and one-half (1½)
stories.
(F) Development Standards.
. . .
(2) Bulk and Massing
(a) Building Height.
1. Maximum building height shall be two (2) stories, except in the case
of a detached dwelling unit at the rear of the lot carriage houses and
accessory buildings containing habitable space, which shall be a
maximum of one and one-half (1 1/2) stories.
. . .
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(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space. An
eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not
exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building containing
no habitable space. An eave of a dormer or similar architectural
feature may exceed ten (10) feet if set back two (feet) from the wall
below and does not exceed 25% of the wall length.
3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
34. If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
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. . .
Section 18. That Section 4.8 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.8 Neighborhood Conservation, Medium Density District
. . .
(D) Land Use Standards.
(1) Required Lot Area. Minimum lot area shall not 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.
(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.
224’
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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 building.
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.
. . .
(5) 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 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 and basement floor area where any exterior
basement wall is exposed by more than three (3) feet above the existing grade at
the interior side lot line adjacent to the wall. 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.
(6) 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
ground floor plus that portion of the floor area of any second story building having
a ceiling height of at least seven and one-half (7½) feet and basement floor area
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21
where any exterior basement wall is exposed by more than three (3) feet above the
existing grade at the interior side lot line adjacent to the wall.
. . .
(E) Dimensional Standards.
. . .
(5) Maximum building height shall be two (2) stories, except in the case of a detached
dwelling unit at the rear of the lot for carriage houses and accessory buildings
containing habitable space, which shall be limited to one and one-half (1 1/2)
stories.
(F) Development Standards.
. . .
(2) Bulk and Massing.
(a) Building Height.
1. Maximum building height shall be two (2) stories, except in the case
of a detached dwelling unit at the rear of the lot for carriage houses
and accessory buildings containing habitable space, which shall be
limited to one and one-half (1 1/2) stories.
. . .
(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space. An
eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not
exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building containing
no habitable space. An eave of a dormer or similar architectural
feature may exceed ten (10) feet if set back two (2) feet from the
wall below and does not exceed twenty-five (25) percent of the wall
length.
3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
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22
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
34. If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
. . .
Section 19. That Section 4.9 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.9 Neighborhood Conservation Buffer District (N-C-B)
. . .
(D) Land Use Standards.
. . .
(3) 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. An applicant may also declare an intent for an accessory building
to contain 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 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 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 and basement floor area where
any exterior basement wall is exposed by more than three (3) feet above the existing
grade at the interior side lot line adjacent to the wall. 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.
(4) Accessory Building 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 ground
floor plus that portion of floor area of any second story the building having a ceiling
height of at least seven and one-half (7½) feet and basement floor area where any
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23
exterior basement wall is exposed by more than three (3) feet above the existing
grade at the interior side lot line adjacent to the wall.
. . .
(E) Development Standards.
(1) Building Design.
. . .
(e) Front porches shall be limited to one (1) story, and the front facades of all
single- and two-family dwellings shall be no higher than two (2) stories,
except in the case of a detached dwelling unit at the rear of the lot for
carriage houses and accessory buildings containing habitable space, which
shall be limited to one and one-half (1 1/2) stories.
. . .
(2) Bulk and Massing.
(a) Building Height.
1. Maximum building height shall be three (3) stories, except in the
case of a detached dwelling unit at the rear of the lot for carriage
houses and accessory buildings containing habitable space, which
shall be limited to one and one-half (1 1/2) stories.
. . .
(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space. An
eave of a dormer or similar architectural feature may exceed thirteen
(13) feet if set back two (2) feet from the wall below and does not
exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building containing
no habitable space. An eave of a dormer or similar architectural
feature may exceed ten (10) feet if set back two (2) feet from the
wall below and does not exceed twenty-five (25) percent of the wall
length.
3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
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24
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
34. If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
. . .
Section 20. That Section 4.22(B)(2)(c)28 of the Land Use Code is hereby amended to
read as follows:
(c) Commercial/Retail Uses:
. . .
28. Enclosed mini-storage facilities, if located at least two hundred
(200) feet from North College Avenue or one hundred fifty (150)
feet from South College Avenue.
. . .
Section 24. That the definition “Neighborhood center” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Neighborhood center shall mean a combination of at least two (2) nonresidentialuses and
an outdoor space, which together provide a focal point and a year-round meeting place
for a Low Density Mixed-Use Nneighborhood as listed in the Low Density Mixed-Use
Neighborhood zone district.
Introduced, considered favorably on first reading, and ordered published this ___ day of
____, A.D. 2019, and to be presented for final passage on the ___ day of _____, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this _____ day of ____, A.D. 2019.
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25
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ORDINANCE NO. 033, 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:
l. 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; and
5. Incorporate new design standards with a menu of options for front and side
building fa.;;ade 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.
NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section I.
follows:
That Section 2.10.2(F) of the Land Use Code is hereby amended to read as
(F) Step 6 (Notice): Section 2.2.6(A) only applies, except that "800 feet" shall be
changed to "150 feet", and for single-family houses in the NCL and NCM zone
districts, eight hundred (800) feet shall be changed to five hundred (500) feet for
variance requests for:
(a) Construction that results in a two (2) story house where a one (I) story house
previously existed and where there is at least one (I) lot abutting the side of
the subject lot and the house on such abutting lot is one (I) 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(8)-(D) shall not apply.
Section 2.
follows:
That Section 4.7(0) of the Land Use Code is hereby amended to read as
(D) Land Use Standards.
(I) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000)
square feet.
(2) Allowable Floor Area on Lots.
(a) The allowable floor area shall be as follows:
(I) 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 (I 0,000) 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 (I 0,000) square feet,
an additional two hundred-fifty (250) square feet shall be added for
a detached accessory structure.
2
(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 any exterior basement wall is exposed
by more than three (3) feet above the existing grade at the interior
side lot line adjacent to the wall.
(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
(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.
(4) 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 (7Y2) 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.
(5) 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 (7Y,) 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.
(6) 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 (7Y2)
feet.
Section 3.
follows:
That Section 4.7(E) of the Land Use Code is hereby amended to read as
(E) Dimensional Standards.
4
(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
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 shall be set back from the interior side lot line an additional one (I)
foot, beyond the minimum required, for each two (2) feet or fraction thereof of
building wall height that exceeds eighteen (18) feet in height, except as provided
in "a" below. Minimum side yard width shall be fifteen (15) feet on the street side
of any comer 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:
I. a two (2) story house where a one (!) 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 (I) 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 (I) foot beyond
the minimum required, for each one (I) 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 (I) foot for
each one (1) foot of decreased lot width up to a maximum starting height of
eighteen (18) feet.
5
Figure XX: Minimum Side Yard Width and Maximum Building Wall Height
l' set back for ,'
2' height increase,'
18'
, ,
'
I
1' set back for
', 1' height increase*
'
' '
~--
14'*
Existin Grade ~ ~I.,,/" l~~~~~~~~l .: "
~==~£=~.~-i ~ S' i-~-:§---
0 Q) ~I Min. Side I Vi >.
<:' ~ ~ i Yard Width i "€ ~
c::: a.I I o c...
Z
o o. . z o
~I I ~
*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 (I) 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.
follows:
That Section 4.7(F) of the Land Use Code is hereby amended to read as
(F) Development Standards.
(I) Building Design.
(h) Front Far;ade Character. When building construction results in:
I. a two (2) story house where a one (!) story house previously
existed and where there is at least one (I) lot abutting the side of
6
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 fac,:ade 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 Fac,:ade Character
Limited Two Story Fa!(ade
Two-story front-fa9ade width is no more than 40',
with any remaining two-story front fa9ade set back
an additional six (6) feet from the street:
Covered Entry Feature
7
One Story Element
The portion of the fa9ade closest to the street is
one-story, with any two-story fa9ade set back an
additional six (6) feet from the street.
A covered entry feature such as a front porch or
stoop is located on the front fa9ade. The feature
shall have a minimum depth of at least six (6) feet.
(as measured from the building fa9ade to the posts
and railings) and a minimum length of eight (8) feet.
(i) Side Fa<;ade Character. When building construction results in:
I. 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 (I) side fa9ade feature from the menu below shall be included to
address potential looming and privacy impacts on neighbors:
8
Figure XX: Menu of Design Options for Side Fa9ade Character
Wall Offset
Two-story fagade width at the minimum side yard is no
more than forty (40) feet, with any remaining two-story
fagade set back an additional six (6) feet beyond the
minimum required side yard.
One Story Element
A one-story building element with a minimum depth of
six (6) feet is located at the minimum side yard.
I Step Down in Height
5'40' ./
Two-story fagade width at the minimum side
yard is no more than forty (40) feet, with any
remaining fagade width at the minimum side
yard reduced to one-story.
Additional Setback
Any two-story fagade is set back an additional
six (6) feet beyond the minimum required side
yard.
Section 5.
follows:
That Section 4.8(D) of the Land Use Code is hereby amended to read as
(D) Land Use Standards.
(I) Required Lot Area. Minimum lot area shall not 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.
9
(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 (I 0,000) 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 (I 0,000) 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 (I 0,000) 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:
(I) 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 any exterior basement wall is exposed
by more than three (3) feet above the existing grade at the interior
side lot line adjacent to the wall.
10
(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 (I 0)
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.
(4) Residential. Any new single-family dwelling that is proposed to be located behind
a street-fronting principal building shall contain a maximum of one thousand
(1,000) square feet of floor. 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 (7Yz) 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.
(5) 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 pennit 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 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 (7Yz) feet. Such accessory
building may be located in any area of the rear portion of a lot, provided that it
11
provided that it complies with the setback requirements of this District and there
is at least a ten-foot separation between structures.
(6) 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 (7Y2)
feet. ·
Section 6.
follows:
That Section 4.8(E) of the Land Use Code is hereby amended to read as
(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
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 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 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 comer 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:
I. a two (2) story house where a one (l) 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 (I) 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
12
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 (I) foot beyond the minimum required, for each one
(I) 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(!) 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
1' set back for , '
2' height increase,'
18'
-;;;
:;::
."!: '
:2
·:;
"'
Existina Grade .r:::. "c. '· 5 I
t:: ::::; I
o w >-I Min. Side
z-' v; a-ii . 1 Var d Wi dh t
c: a.1
~ £i
. r;.,,;a
'
1' set back for
', 1' height increase*
' '
'
l 5 '
14'*
1!
·.r
. " " c:
l""'O ~
I V'i >.
' ..c. t::
I I t:o : " a.
z 0
I cl:
*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 (!) 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 tqtal 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 (I) story.
(5) Maximum building height shall be two (2) stories, except for carriage
houses; and accessory buildings containing habitable space, which shall be
limited to one and one-half (11/2) stories.
Section 7.
as follows:
That Section 4.8(F) of the Land Use Code is hereby ai~ended to read
13
(F) Development Standards
(I) Building Design.
(h) Froni Far;ade Character: When building construction results in:
!. a two (2) story house where a one (I) story house previously
existed and where there is an abutting house on either side that is
one (I) 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 (I) front fac,;ade feature from the menu below shall be included
to promote pedestrian orientation and compatibility with the character of
structures on the block face:
14
Figure XX: Menu of Design Options for Front Fa9ade Character
Limited Two Story Fa!(ade
Two-story front-far;ade width is no more than 40',
with any remaining two-story front far;ade 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 far;ade. The feature
shall have a minimum depth of at least six (6) feet
(as measured from the building far;ade to the posts
and railings) and a minimum length of eight (8) feet.
One Story Element
The portion of the far;ade closest to the street is
one-story, with any two-story far;ade set back an
additional six (6) feet from the street.
(i) Side Far;ade Character. When building construction results in:
I. a new house that is greater than two thousand five hundred (2,500)
square feet, or
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 (I) side fa9ade 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 Fa9ade Character
Wall Offset
Two-story faqade width at the minimum side yard is no
more than forty (40) feet, with any remaining two-story
faqade set back an additional six (6) feet beyond the
minimum required side yard.
One Story Element
A one-story building element with a minimum depth of
six (6) feet is located at the minimum side yard.
16
I Step Down in Height
Two-story faqade width at the minimum side
yard is no more than forty (40) feet, with any
remaining faqade width at the minimum side
yard reduced to one-story.
Additional Setback
Any two-story faqade is set back an additional
six (6) feet beyond the minimum required side
yard.
Section 8. That the amendments provided for in this Ordinance shall apply to
complete applications for development approval or for building permits that are properly filed
with the City on or after May 15, 2013.
Introduced, considered favorably on first reading, and ordered published this 26th day of
February, A.O. 2013, and to be presented for final passage on the 5th day of March, A.O. 2013.
ATTEST:
City Clerk
Passed and adopted on final reading on the 5th day of March, A.O. 2013.
ATTEST:
City Clerk
17
DATE: March 5, 2013
STAFF: Sherry Albertson-Clark
Pete Wray
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 30
SUBJECT
Second Reading of Ordinance No. 033, 2013, Making Amendments to the City of Fort Collins Land Use Code
Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study.
EXECUTIVE SUMMARY
The Eastside and Westside Neighborhoods Character Study represents an assessment of neighborhood compatibility
issues related to impacts of larger new construction projects. In comparison to the previous 2010/2011 Study, which
focused on building size impacts, this Study takes a broader look at the character and context of the neighborhoods
including building size and design compatibility.
The discussion by Council on First Reading on February 26, 2013, focused on two options identified by staff for
consideration in the Ordinance. Option A included a package of Land Use Code amendments with a revised Floor
Area Ratio (FAR) formula; Option B included the same standards as A, except no change to the existing FAR. This
Ordinance was adopted (with Option A) on First Reading on February 26, 2013, by a vote of 4-3 (Nays: Kottwitz,
Troxell, Weitkunat).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 26, 2013
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 26, 2013
STAFF: Sherry Albertson-Clark
Pete Wray
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 3
SUBJECT
First Reading of Ordinance No. 033, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining
to Implementation of the Eastside and Westside Neighborhoods Character Study (Option A or Option B).
EXECUTIVE SUMMARY
The Eastside and Westside Neighborhoods Character Study represents an assessment of neighborhood compatibility
issues related to impacts of larger new construction projects. In comparison to the previous 2010/2011 Study, which
focused on building size impacts, this Study takes a broader look at the character and context of the neighborhoods
including building size and design compatibility.
Staff has prepared two options for Council to consider for the proposed package of potential Land Use Code (LUC)
amendments to be included in the Ordinance at First Reading.
• Option A reflects a package of Land Use Code amendments implementing five recommended strategy options
as well as a revision of existing FAR standards using a new formula.
• Option B reflects a package of Land Use Code amendments implementing five recommended strategy
options, but does not include a revision to existing FAR standards.
BACKGROUND / DISCUSSION
Staff initiated the Study in June 2011, after receiving direction from City Council to take a new and broader look at
neighborhood compatibility and character issues in the core area neighborhoods near downtown. The Study is in
response to continued concerns with potential impacts of larger additions and new construction in the city’s oldest
neighborhoods.
A similar study was conducted in 2010 for the Eastside and Westside neighborhoods with a resulting Ordinance
approved by City Council that was later repealed in response to a citizen petition. While the previous effort led to a
primary focus on building size aspects, the current study emphasizes a broader perspective to understand the
character, larger context of compatibility, and threshold for change in these neighborhoods.
The initial direction for the new study began with a goal developed by a Council Ad Hoc Committee to:
Retain and enhance the unique character and context of the neighborhoods as they continue
to change with renovations, additions, and new housing construction, with a well-supported and
effective public process resulting in appropriate and mutually agreeable solutions.
The Study is summarized in a highly illustrated Strategy Report with information on the character and context of the
neighborhoods, community engagement, issues, and strategy options for City Council consideration
(www.fcgov.com/eastwestneighborhoods).
The Study identified and clarified a number of key issues with ongoing changes that affect existing residents and the
unique character and context of the neighborhoods. These issues led to the strategy options. Key issues include:
• New construction that appears to be overly large in relation to its context
• Building walls that appear to loom over neighbors
• Reduced solar access/shading issues
• Incompatible design features
• Loss of older/more affordable houses that make the neighborhoods unique
• Loss of green space and mature trees
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The Study process included extensive public outreach that included identification of neighborhood objectives and
issues, and defining. The Study process and findings are summarized in a final Strategy Report. This report also
includes staff recommendations to implement five strategy options that were presented to City Council at the Work
Session on November 27, 2012. The staff recommendations at that time did not include revising existing Floor Area
Ratio (FAR) standards, because the team concluded the proposed design standard sufficiently addressed
neighborhood compatibility issues, and revising the FAR did not reflect a mutually agreeable solution from the public.
City Council subsequently directed staff to proceed with implementation of those strategy options, including
development of the formula to revise the existing maximum FAR standard.
Some of these strategies involve Land Use Code changes that are the subject of the Ordinance, and others are
administrative or involve future actions as follows:
• Promote the City's existing Design Assistance Program. This involves ongoing administrative actions,
including such measures as a marketing brochure, newsletter, neighborhood mailings, and posting program
information online.
• Expand neighborhood notification of variance requests.
• Create voluntary design handbooks/guidelines to provide specialized information for interested owners and
builders on compatible development in unique character areas throughout the neighborhoods. These products would
be developed as part of future planning efforts that will need to be budgeted and incorporated into the staff
work program. Staff is recommending implementation of this action concurrent with neighborhood plan
updates for the Eastside and Westside neighborhoods in 2014.
• Adjust existing height-at-setback and floor area ratio (FAR) measurement methods in the Land Use Code for
the N-C-L and N-C-M zoning districts
• Address building mass and solar access, including revisions to existing FAR standards, and new design
standards to address mass and solar impacts.
• Illustrate the effect of potential standards on new construction.
A series of public meetings were held in January 2013 to present a draft potential package of Land Use Code
amendments to implement the strategy options. Staff received a mix of opinions from the public on the proposed
standards, especially relating to revisions to the Far standards. An additional Council work session was held on
February 12, 2013 to discuss options for FAR standards, which included direction for staff to describe these options
for Council to consider on First Reading.
I. DESCRIPTION OF ORDINANCE OPTION A (WITH NEW FAR FORMULA)
This option reflects a package of Land Use Code (LUC) amendments that implements the five recommended strategy
options, as well as a revision to existing FAR standards using a new formula. More specifically, it includes clarifying
Code terminology and formatting, expanded notice for variance requests, revising the existing FAR standard using
a new formula, adding new adjustments to the FAR measurement method for calculating building square footage, and
incorporating new design and solar access standards. Following is a brief summary of potential Land Use Code
changes contained in the proposed Ordinance (Option A).
1. Expand notification area for variance requests.
This LUC change would add a new standard regarding neighborhood notification for Zoning Board of Appeals (ZBA)
variance requests exceeding a certain project size threshold. Staff recommends that the notice area for ZBA hearings
be extended from 150 feet to 500 feet for variance requests for certain size construction and other thresholds
(Attachment 3).
2. Address building massing and scale (Revised FAR Standard).
The staff recommendation outlined in the strategy report did not include a revision to the existing FAR standards
because other recommended tools were seen to sufficiently address the identified objectives and issues, and because
many residents and other stakeholders feel that FAR is an overly restrictive tool that limits flexibility for expansion.
However, FAR reductions were presented as a possible alternative tool for addressing identified issues with overly
large new construction and loss of green space.
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Based on Council direction, the staff and consultant team evaluated potential revisions to the maximum permitted
FAR, including modeling of a variety of reduced FARs on projects that have been identified as appearing overly large
in relation to their context. The proposed FAR formula was selected because it:
• Addresses projects identified as appearing overly large in relation to their context while allowing flexibility for
new construction and home expansion;
• Promotes the scale of new construction that was most often identified as compatible in community workshops
and the online visual survey;
• Works in concert with other recommended tools such as reduced wall heights for solar access and additional
building design standards to address front and side façade character; and
• ,More directly targets identified issues than the FAR revisions included in the repealed 2011 ordinance.
Overall, the new formula provides greater flexibility through less substantial FAR reductions because it works in
combination with other tools that also address identified issues with new construction that appears to be overly large
in relation to its context, building walls that appear to loom over neighbors and reduced solar access.
New FAR Formula
The first proposed FAR change revises the minimum lot area standards that currently relate lot area to the total floor
area of buildings on the lot in the N-C-L and N-C-M zoning districts. This would apply new or adjusted design
standards to address the scale and solar access impacts of larger new construction and additions. The potential
revised standard would reduce the maximum FAR from the currently permitted 0.40 in the N-C-L district and 0.50 in
the N-C-M district according to a sliding scale as summarized in the table below.
For example, the formula above would limit floor area on a 7,000 square foot lot in the N-C-M district to 2,750 square
feet ((7,000x0.25)+1,000=2,750) with an additional allowance for 250 square feet in a detached rear accessory (acc.)
structure on a lot of 6,000 square feet or more, for a total of 3,000 square feet. The sliding scale would generally result
in reductions of allowed floor area for larger lots in both districts.
New FAR Measurement Method
This change incorporates adjusted measurement methods for calculating floor area, as recommended in the Strategy
Report. These proposed measurement method adjustments address the issues of high volume spaces not being
counted as floor area (which created the potential for single-story homes being twice as large as a two-story home).
This includes basement floor area in calculation where the new construction raises the finish floor elevation above a
certain threshold, and provides some allowance for accessory structures to promote separate building masses.
Option A further addresses building mass and scale impacts by combining a reduction in overall building size (reduced
FAR), with new design standards to shape building facade features.
3. Adjust measurement method for building wall height and reduced height for solar access.
The first part of this Code change adjusts the method for measuring building height at the minimum side yard setback
to better account for the impact of tall walls on raised grade. Staff recommends implementation of a revised
measurement method for maximum height (18 feet) at the minimum side yard to better account for potential looming
impacts related to grade changes on a property. The building side wall height is proposed to be measured from the
existing grade at the interior side lot line adjacent to the wall, rather than at the improved grade.
A second new standard is proposed to reduce the potential solar access impacts of large new houses or additions on
neighboring property to the north. The staff and consultant team decided not to develop a complicated “solar
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February 26, 2013 -4- ITEM 3
ordinance” limiting shading on neighboring lots. Instead a simple solar standard is proposed for building wall height
to promote solar access. The side wall height would be reduced to 14 feet from the currently allowed 18 feet and the
side wall height could increase by one foot for each foot of additional setback.
4. Add new standards for building facades over certain size thresholds.
Facade design standards are proposed to provide a menu of options to shape the character of front and side building
facades for compatibility. At least one facade feature from a design menu would be required to promote pedestrian
orientation and compatibility with the character of the structures on the block face.
The front facade options would promote pedestrian orientation and the appearance of compatible mass and scale as
viewed from the street by using one-story elements, front porches, etc. The proposed options for side building facades
are intended to reduce potential looming and privacy impacts on adjacent lots.
II. DESCRIPTION OF ORDINANCE OPTION B (RETAIN EXISTING FAR FORMULA)
Option B reflects a package of Land Use Code amendments that implements the five recommended strategy options
but does not include a revision to existing FAR standards. It includes clarifying Code terminology and formatting,
expanded notice for variance requests, retaining the existing FAR standard formula, adding new adjustments to FAR
measurement method for calculating building square footage, and incorporating new design and solar access
standards. Ordinance Option B contains the same standards as Option A, except for the FAR formula.
Option B reflects the staff recommendation described in the Strategy Report, and presented to Council at the
November 27, 2012 Work Session. The staff and consultant team concluded in the report that the proposed package
of new design standards, without a reduction in FAR, would address most identified mass and scale issues with larger
new construction while allowing flexibility for home expansion.
New construction that appears to be overly large in relation to its context was often cited by residents as a key issue
in the neighborhoods. Many residents also felt that FAR reductions would be the most effective tool for addressing
this issue. However, when presented with alternative design scenarios in community workshops and surveys, many
participants selected alternatives that incorporate design elements other than floor area reductions. This indicates
that design elements apart from overall size contribute significantly to neighborhood compatibility. The recommended
design standards within Ordinance Option B address these key design elements while allowing flexibility for home
expansion.
• Comparison of 2011 Ordinance and proposed 2013 Ordinance
At the November 27, 2012 work session, Council directed staff to develop the proposed 2013 Ordinance. Staff
provided a comparison of the previous 2011 Ordinance that was repealed, with the proposed 2013 Ordinance
(Attachment 4). Staff believes the proposed 2013 Ordinance, as a package of proposed changes, is noticeably
different from the previous 2011 Ordinance. The key changes include:
• No requirement for Landmark Preservation Commission recommendations on variance requests
• New expanded notification area for some variance requests
• New thresholds for applying all new standards in both districts
• Different formula for calculating maximum Floor Area Ratios (FARs)
• FARs applied separately to the N-C-L and N-C-M districts
• FARs applied on a sliding scale, based on lot size
• More generous FAR allowance in the N-C-M district; and
• New standards for solar access and building front and side façade design.
FINANCIAL / ECONOMIC IMPACTS
Urban Advisors was contracted as a sub-consultant to analyze the economic impacts of revising the existing FAR
standards as described in Option A. The analysis and findings are included in a report (Attachment 6). The
summarized conclusions from the report include:
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• While overall values increase with house size, the value per square foot tends to decline, especially for houses
with more than 2,000 square feet of floor area or FARs above 0.30.
• Based on existing property values, and the potential sales prices of new or expanded homes, most
redevelopment is likely to occur on small to average sized lots (4,000 to 10,000 square feet) in the N-C-M
zone district (115 to 125 such properties present prime redevelopment opportunities under current market
conditions).
• The proposed reduction in maximum permitted FAR (Ordinance Option A) would not significantly affect
redevelopment opportunities in the neighborhoods because the most profitable opportunities tend to be at
FARs lower than the proposed limits.
• The proposed reduction in the maximum permitted FAR (Ordinance Option A) is not likely to have a
significantly positive or negative impact on the affordability of housing in the neighborhoods.
ENVIRONMENTAL IMPACTS
Staff finds no direct or definable impact on environmental resources with any of these implementation items.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Staff also recommends that new voluntary design guidelines be developed concurrent with the neighborhood plan
updates for the Eastside and Westside neighborhoods in 2014. This action is not budgeted and/or included in the
current work program.
BOARD / COMMISSION RECOMMENDATION
At its regular meeting on February 7, 2013, the Planning and Zoning Board voted 4-1 to recommend adoption of
Ordinance No. 33, 2013, Option B.
The Landmark Preservation Commission is scheduled for a regular meeting on February 13, 2013. Minutes from this
meeting will be forwarded to Council prior to Second Reading on March 5.
The Zoning Board of Appeals is scheduled for a regular meeting on February 14, 2013. Minutes from this meeting
will be forwarded to Council prior to Second Reading on March 5.
The Building Review Board is scheduled for a regular meeting on February 28, 2013. Minutes from this meeting will
be forwarded to Council prior to Second Reading on March 5.
PUBLIC OUTREACH
The following activities were included in the public process used for this study:
Phase 1 – Understand the character and context of the neighborhoods (May – July 2012)
• Email notice for meetings, post card mailing for work shops
• Posted project information on web page
• Initial working group meetings (June)
• 2 public work shop meetings (July 10/12)
• Online questionnaire
• Updates to boards and commissions
• City Council work session (July 24)
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February 26, 2013 -6- ITEM 3
Phase 2 – Develop a Strategy (August – November 2012)
• Series of working group meetings (August/September)
• On-line survey
• Public work shop meeting (November 5)
• Updates to boards and commissions
• City Council work session (November 27)
Phase 3 – Implementation of Strategy Options (December 2012 – February 2013)
• Series of working group meetings (January 16, 2013)
• Public Open House meeting (January 30)
• Updates to boards and commissions
• Planning and Zoning Board Hearing – Recommendation (February 7)
• City Council Work Session (February 12)
• Landmark Preservation Commission Hearing – Recommendation (February 13)
• Zoning Board of Appeals Hearing - Recommendation (February 14)
• City Council First Reading of Ordinance (February 19)
• Building Review Board Hearing – Recommendation (February 28)
• City Council Second Reading of Ordinance (March 5)
ATTACHMENTS
1. City Council Work Session Summary, November 27, 2012
2. February 12, 2013 City Council Work Session Summary
3. Tables 1 and 2, comparing 2011 FAR formula with proposed 2013 FAR formula
4. Table 3, comparing the 2011 and proposed 2013 Ordinances
5. Summary of public comments
6. Economic Analysis Report
7. Eastside and Westside Zoning Districts Map
8. Planning and Zoning Board minutes, February 7, 2013
1
ORDINANCE NO. 033, 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; and
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.
NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
2
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 “800 feet” shall be
changed to “150 feet”, and for single-family houses in the NCL and NCM zone
districts, eight hundred (800) feet shall be changed to five hundred (500) feet for
variance requests for:
(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) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000)
square feet.
(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
(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 any exterior basement wall is
exposed by more than three (3) feet above the existing grade at
the interior side lot line adjacent to the wall.
(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.
4
(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.
(4) 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.
(5) 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.
(6) 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.
Section 3. That Section 4.7(E) of the Land Use Code is hereby amended to read as
follows:
(E) Dimensional Standards.
. . .
5
(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
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 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 height that exceeds eighteen (18) feet in height, except as provided
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) foot of decreased lot width up to a maximum starting height of
eighteen (18) feet.
6
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.
. . .
(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
7
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
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:
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) Required Lot Area. Minimum lot area shall not 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.
10
(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
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 any exterior basement wall is
exposed by more than three (3) feet above the existing grade at
the interior side lot line adjacent to the wall.
11
(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.
(4) 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.
(5) 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
12
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.
(6) 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.
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
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 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 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
13
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 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:
14
(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:
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.
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
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.
17
Section 8. That the amendments provided for in this Ordinance shall apply to
complete applications for development approval or for building permits that are properly
filed with the City on or after May 15, 2013.
Introduced, considered favorably on first reading, and ordered published this 26th 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
Agenda Item 5
Item # 5 - Page 1
STAFF REPORT JUNE 20, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190027
PROJECT DESCRIPTION
Address: 2720 Council Tree Ave.
Owner: Studio Be Salon
Petitioner: Randy Lerich
Zoning District: H-C
Code Section: 3.8.7.2(A)(3)(a)
Project Description:
This is a request to allow signage on the west side of the building. An increase in sign allowance is permitted
for the building with the condition that no signs be allowed on the west side.
COMMENTS:
1. UBackground:U
The property received development approval in 2007 as the Front Range Village Final Plan. This
development included multiple buildings and a mix of uses.
The Sign Code provides a maximum amount of square footage of sign allowance for each property. This
allowance is based on a property’s frontage to public right of way.
Front Range Village only include one new street (public right of way), this is the extension of Corbett Drive
north of Harmony Road. Council Tree Ave is a private drive and is not City owned public right of way.
The subject property sits at the northeast corner of Corbett Drive and Council Tree Ave. The shorter side of
the rectangle building fronts Corbett Drive.
The Sign Code further states a different side of a building can be used to calculate the allowable sign
allowance if no signage is on the side that abuts the public right of way. In this case 2720 Council Tree, a
multi-tenant building, chose to designate the long side that abuts Corbett Drive in determining their sign
allowance. By doing so, the property did receive an increased sign allowance with the restriction that no
signs are allowed on the west side of the building.
The corner tenant of the existing building now desires to have signage along both Corbett Drive and Council
Tree Ave.
2. UApplicant’s statement of justification:U See petitioner’s letter.
3. UStaff Conclusion and Findings:U
Under Section 2.10.2(H), staff recommends denial and finds that:
• The building received an increase allowance of signage by restricting sign on the west side. The
immediate building to the south also has the same allowance and restriction.
• Insufficient evidence has been provided in establishing a unique hardship to the property.
• Insufficient evidence has been provided in showing how the proposal supports the standards in
way equally well or better than a proposal that complies with the standards.
4. URecommendation:
Staff recommends denial of APPEAL ZBA1900027.
PERMIT #
PROJECT# 25514
DATE : 4/18/19
ORIGINAL SIZE
11”X17”
SHEET 3.0
Customer Name
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City, State Zip
STUDIO BE SALON
15 Old Town Su Ste 132
Ft Collins, CO 80524-2469
STUDIO BE SALON
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970.223.2124
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1241 Riverside Ave, Ste 200
Fort Collins, Colorado 80524
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WERE CREATED, EVOLVED,
DEVELOPED AND PRODUCED FOR
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AND NONE OF THE ABOVE MAY BE
DISCLOSED OR GIVEN TO OR USED
BY ANY PERSON, FIRM, OR
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INCLUDING ANY OTHER PROJECT,
EXCEPT
UPON WRITTEN PERMISSION OF
TOMLINSON DESIGNS, INC.
COPYRIGHT 2019
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SHEET
COPYRIGHT 2019 TOMLINSON DESIGNS, INC.
PROJECT:
DRAWN BY:
CHECKED BY:
ISSUE DATE:
REVISIONS:
Tomlinson Designs, Inc.
1241 Riverside Ave, Ste 200
Fort Collins, Colorado 80524
970.372.0965 phone
866.353.5225 fax
info@tomlinsondesigns.com
www.tomlinsondesigns.com
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