Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2004 - SECOND READING OF ORDINANCE NO. 063, 2004, AMENDINAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 26 DATE: April 20, 2004 STAFF: Cameron Gloss SUBJECT Second Reading of Ordinance No. 063, 2004, Amending the Land Use Code to Address Issues Pertaining to Carriage Houses and Accessory Buildings Within the NCL, NCM and NCB Zone Districts. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 063, 2004, was unanimously adopted on First Reading on April 6, 2004, making various amendments to the Land Use Code related to the design and construction of dwelling units and accessory buildings located along alleys within the Eastside and Westside Neighborhoods. The Land Use Code changes are a response to issues raised in a moratorium approved by City Council in January 2004. This Ordinance reflects Council’s direction to prohibit the subdivision of an individual lot to create a new separate lot for a carriage house. This change is found in the definition. Water and sewer services can still be extended from a principal dwelling to a carriage house, but, based on this change, all references to extending water and sewer services to a newly-created separate lot have been deleted in all three zones. Also, the standards related to eave height have been added to the N-C-L zone consistent with the N- C-L and N-C-B zones. Omitting these standards at First Reading was inadvertent. 1 ORDINANCE NO. 063, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ADDRESS ISSUES PERTAINING TO CARRIAGE HOUSES AND ACCESSORY BUILDINGS WITHIN THE NCL, NCM AND NCB ZONE DISTRICTS WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted 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 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, it has long been the public policy of the City to allow for the addition of carriage houses and accessory buildings within the Old Town Area, which public policy is presently exemplified in Policy EXN-1.5 of the City Plan Principles and Policies; and WHEREAS, even though the public policy of the City has been favorable toward the addition of carriage houses and accessory buildings in the Old Town Area, the Council is also mindful of a number of problems and issues relating to such uses, included, among them, issues pertaining to traffic, alley paving, architectural compatibility, privacy, noise, parking, and neighborhood character; and WHEREAS, on the 20th day of January, 2004, by Ordinance No. 178, 2003, the City Council imposed a moratorium upon the acceptance of applications for the approval of development plans and/or the issuance of building permits for dwellings constructed on the rear portion of lots located within the NCL, NCM and NCB zone districts in order to enable the staff of the City to study the foregoing issues and to present to the City Council regulations to address those issues; and WHEREAS, the staff, following numerous public meetings, has prepared proposed regulations to address the issues mentioned above, which regulations have been recommended to Council for approval by the Planning and Zoning Board; and WHEREAS, the City Council has determined that it is in the best interest of the City that the proposed amendments to the Land Use Code pertaining to carriage houses and accessory buildings in the NCL, NCM, and NCB zone districts be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 2 Section 1. That Section 3.6.2(J)(3) of the Land Use Code is hereby amended to read as follows: (3) All public alleys shall be constructed in conformance with the Design and Construction Criteria, Standards and Specifications for Streets, Streetscapes, Sidewalks, Alleys and Other Public Ways* as adopted by the City Council by ordinance or resolution except those public alleys within the NCL, NCM and NCB zone districts that do not abut commercially zoned properties and that provide access only for carriage houses and habitable accessory buildings as such terms are described in Article 4. Section 2. That Division 4.6 of the Land Use Code is hereby amended to read as follows: DIVISION 4.6 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L) (A) Purpose. The Neighborhood Conservation, Low Density District is intended to preserve the character of areas that have a predominance of developed single-family dwellings and have been given this designation in accordance with an adopted subarea plan. (B) Permitted Uses. (1) The following uses are permitted in the N-C-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Residential Uses: 1. Single-family detached dwellings, but not to include carriage houses. (b) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory uses. (c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any 3 nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (e) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following uses shall be permitted in the N-C-L District, subject to administrative review: (a) Residential Uses: 1. Single-family detached dwellings when there is more than one (1) dwelling on the lot or when the lot has only alley frontage. (b) Institutional/Civic/Public Uses: 1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Accessory/Miscellaneous Uses: 1. Accessory buildings containing habitable space. (3) The following uses are permitted within the N-C-L District, subject to review by the Planning and Zoning Board. (a) Residential Uses: 1. Group homes. 4 (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary, intermediate and high school education. 2. Places of worship or assembly. 3. Community facilities. 4. Public facilities. (c) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. (D) Land Use Standards. (1) Density. Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) 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 (2) 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 (7 1/2) 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 5 District and there is at least a ten (10) foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (3) Accessory Buildings with Habitable Space (or potential future habitable space). Any new 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 such structure containing habitable space that is proposed to be 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 (including basement space) within the building having a ceiling height of at least seven and one-half (7 1/2) 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 (10) foot separation between structures. (4) 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 (7 1/2) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of 0.25 on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. (E) Dimensional Standards. (1) Minimum lot width shall be forty (40) feet. (2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions. (4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds 6 eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. (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. (F) Development Standards. (1) Building Design. (a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (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. (c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot. (d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building. (e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one half (1 1/2) stories. (f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. 7 (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second- story deck. (2) Bulk & Massing. (a) Building Height. 1. 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. 2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet. 3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet. (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. 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. 3. 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). 8 Illustration of Carriage House Roofline and Eave Heights (3) Carriage Houses and Habitable Accessory Buildings. (a) Carriage Houses. 1. If a carriage house is on the same lot as the principal building in front, wWater and sewer lines canmay be extended from suchthe principal building on the lot to the carriage house. 2. If a carriage house is the only single-family dwelling on a lot, it must have its own water and sewer service lines connecting to the water and sewer mains. 32. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house. (b) Accessory Buildings with Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. "Habitable space" does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must include the applicant's declaration as to whether or not the space is intended to be habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to become 9 habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below. (c) Additional Review Criteria for Carriage Houses and Accessory Buildings with Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house, or other accessory building with habitable space, is compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space: 1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties. 2. To the extent reasonably feasible, decks, entry doors, major entry access stairs, and major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized. 3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources including existing significant trees and shrubs to the extent reasonably feasible. (4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (5) Access. Whenever a lot has frontage along an alley, any new off- street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a 10 public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles. (6) Site Design. Permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways. Section 3. That Division 4.7 of the Land Use Code is hereby amended to read as follows: DIVISION 4.7 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M) (A) Purpose. The Neighborhood Conservation, Medium Density District is intended to preserve the character of areas that have a predominance of developed single-family and low- to medium-density multi-family housing and have been given this designation in accordance with an adopted subarea plan. (B) Permitted Uses. (1) The following uses are permitted in the N-C-M District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan: (a) Residential Uses: 1. Single-family detached dwellings, but not to include carriage houses. 2. Two-family dwellings, provided that no structural additions or exterior alterations are made to the existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public facilities. 11 3. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 2. Elderly day care centers. (d) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory uses. (e) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (f) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (2) The following uses are permitted in the N-C-M District, subject to administrative review: (a) Residential Uses: 1. Single-family detached dwellings, when there is more than one (1) principal building on the lot or when the lot has only alley frontage. 12 2. Two-family dwellings, provided that no structural additional or exterior alterations are made to the existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991, and provided such two-family dwelling is located within a street- fronting principal building. 3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991, and provided such multi-family dwelling is located within a street- fronting principal building. 4. Group homes. (b) Institutional/Civic/Public Uses: 1. Community facilities. 2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Accessory/Miscellaneous Uses: 1. Accessory buildings containing habitable space. (3) The following uses are permitted in the N-C-M District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Two-family and multi-family dwellings up to four (4) units per building when structural additions or exterior alterations are made to an existing building, or when the dwellings are constructed on a lot or a parcel which contained a structure on October 25, 1991, provided such two-family or multi-family dwelling is located within a street-fronting principal building. 13 (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary, intermediate and high school education. (c) Commercial/Retail Uses: 1. Bed and breakfast establishments with six (6) or fewer beds. (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. (D) Land Use Standards. (1) Density/Intensity of Development. Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) 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 area. 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 (7 1/2) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with setback requirements of this District and there is at least a ten (10) foot separation between 14 structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (3) Accessory Buildings with Habitable Space (or potential future habitable space). Any new 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 such structure containing habitable space that is proposed to be 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 accessory building having a ceiling height of at least seven and one- half (7 1/2) 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 (10) foot separation between structures. (4) 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 (7 1/2) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of 0.33 on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. (E) Dimensional Standards. (1) Minimum lot width shall be forty (40) feet for single-family and two-family dwellings and fifty (50) feet for all other uses. (2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions. (4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building 15 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 wall or building height that exceeds eighteen (18) feet in height. 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). (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 (1 1/2) stories. (F) Development Standards. (1) Building Design. (a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (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. (c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot. (d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building. (e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1 1/2) stories. (f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. 16 (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the covered porch may be flat whenever the roof of such porch is also considered to be the floor of a second-story deck. (2) Bulk & Massing. (a) Building Height. 1. 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 (1 1/2) stories. 2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet. 3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet. (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. 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. 3. 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). 17 (See illustration contained in Division 4.6) (3) Carriage Houses and Habitable Accessory Buildings. (a) Carriage Houses. 1. If a carriage house is on the same lot as the principal building in front, wWater and sewer lines canmay be extended from suchthe principal building on the lot to the carriage house. 2. If a carriage house is the only single-family dwelling on a lot, it must have its own water and sewer service lines connecting to the water and sewer mains. 32. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house. (b) Accessory Buildings with Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. "Habitable space" does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must include the applicant's declaration as to whether or not the space is intended to be habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to become habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below. (c) Additional Review Criteria for Carriage Houses and Accessory Buildings with Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house, or other accessory building with habitable space is compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space: 18 1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties. 2. To the extent reasonably feasible, decks, entry doors, major entry access stairs and major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yeard shall be minimized. 3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources including existing significant trees and shrubs to the extent reasonably feasible. (4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (5) Access. Whenever a lot has frontage along an alley, any new off- street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles. (6) Site Design. Permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways. 19 Section 4. That Division 4.8 of the Land Use Code is hereby amended to read as follows: DIVISION 4.8 NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B) (A) Purpose. The Neighborhood Conservation Buffer District is intended for areas that are a transition between residential neighborhoods and more intensive commercial-use areas or high traffic zones and that have been given this designation in accordance with an adopted subarea plan. (B) Permitted Uses. (1) The following uses are permitted in the N-C-B District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan: (a) Residential Uses: 1. Single-family detached dwellings but not to include carriage houses. 2. Two-family dwellings. 3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 4. Boarding and rooming houses. 5. Mixed-use dwellings, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public facilities. 3. Neighborhood parks as defined by the Parks and Recreation Policy Plan. 20 (c) Commercial/Retail Uses: 1. Child care centers. 2. Medical and dental clinics, professional offices and personal business and service shops, provided that no structural additions or exterior alterations are made to the existing building, or the uses are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 3. Bed and breakfast establishments. 4. Elderly day care centers. (d) Accessory/Miscellaneous Uses: 1. Accessory buildings provided that they contain no habitable space. 2. Accessory uses. (e) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (f) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. (2) The following uses are permitted in the N-C-B District, subject to administrative review: 21 (a) Residential: 1. Single-family detached dwellings when there is more than one (1) principal building on the lot and/or when the lot has only alley frontage. 2. Two-family dwellings provided that such two- family dwelling is located within a street-fronting principal building. 3. Multi-family dwellings up to four (4) units provided that such multi-family dwelling is located within a street-fronting principal building. 4. Multi-family dwellings containing more than four (4) dwelling units per building at a density of up to twenty-four (24) dwelling units per acre provided such multi-family building is located within a street-fronting principal building. 5. Mixed-use dwellings which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure on October 25, 1991. 6. Group homes. (b) Institutional/Civic/Public Uses: 1. Community facilities. 2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Parking lots and parking garages. 22 (d) Accessory/Miscellaneous Uses: 1. Accessory buildings with declared habitable space, or with water and/or sewer connections. (3) The following uses are permitted, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Fraternity and sorority houses provided such fraternity or sorority house is located within a street-fronting principal building. 2. Multi-family dwellings containing more than four (4) dwelling units per building provided such multi- family dwelling is located within a street-fronting principal building. (b) Institutional/Civic/Public Uses: 1. Public and private schools for preschool, elementary, intermediate, high school, college, university and vocational and technical education. (c) Commercial/Retail Uses: 1. Medical and dental clinics, professional offices and personal and business service shops which propose structural additions or exterior alterations to the existing building, or the uses are to be constructed on a lot or parcel which contained a structure at the time of adoption on October 25, 1991, provided such use is located within a street-fronting principal building. 2. Funeral homes provided such funeral home is located within a street-fronting principal building. (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 23 (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. (D) Land Use Standards. (1) Density. Minimum lot area shall be equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) 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 area. 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 (7 1/2) 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 (10) foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (3) Accessory Buildings with Habitable Space (or potential future habitable space). Any new 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 such structure containing habitable space that is proposed to be 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 accessory building having a ceiling height of at least seven and one-half (7 1/2) 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 (10) foot separation between structures. 24 (4) 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 (7 1/2) feet. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of 0.33 on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the mimimum lot size within the zone district. (3) Dimensional Standards. (a) Minimum lot width shall be forty (40) feet for single- family or two-family dwellings and fifty (50) feet for all other uses, except that the minimum lot width for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue shall be eighty- five (85) feet. (b) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet, except that the minimum front yard setback for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue shall be sixty (60) feet, and setbacks from garage doors to the backs of public walks shall not be less than sixty-five (65) feet. (c) Minimum rear yard setback shall be five (5) feet from existing alley and fifteen (15) feet in all other conditions. (d) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. 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 school and place 25 of worship uses shall be twenty-five (25) feet (for both interior and street sides). (e) Maximum building height shall be three (3) stories except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1 1/2) stories. (E) Development Standards. (1) Building Design. (a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (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. (c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot. (d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building. (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 for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1 1/2) stories. (f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with 26 a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second- story deck. (2) Bulk & Massing. (a) Building Height. 1. Maximim building height shall be three (3) stories except for carriage houses and accessory buildings, containing habitable space, which shall be limited to one and one-half (1 1/2) stories. 2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet. 3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet. (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. 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. 3. 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). (See illustration contained in Division 4.6) 27 (3) Carriage Houses and Habitable Accessory Buildings. (a) Carriage Houses. 1. If a carriage house is on the same lot as the principal building in front, wWater and sewer lines canmay be extended from suchthe principal building on the lot to the carriage house. 2. If a carriage house is the only single-family dwelling on a lot, it must have its own water and sewer service lines connecting to the water and sewer mains. 32. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house. (b) Accessory Buildings with Habitable Space. An accessory building with water and/or sewer service shall be considerred as containing habitable space. "Habitable space" does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occpuancy. Accessory building applications must include the applicant's declaration as to whether or not the space is habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to be habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below. (c) Additional Review Criteria for Carriage Houses and Accessory Buildings with Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house, or other accessory building with habitable space is compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space: 1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square 28 feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties. 2. To the extent reasonably feasible, decks, entry doors, major entry access stairs or major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized. 3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources including existing significant trees and shrubs to the extent reasonably feasible. (4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (5) Site Design. In the N-C-B Neighborhood Conservation, Buffer District, permanent open off-street parking areas shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of- way. This provision shall not be construed to preclude temporary parking in driveways. (6) Access. Whenever a lot has frontage along an alley, any new off- street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles. Section 5. That the definition of "carriage house" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Carriage house shall mean a single-family detached dwelling, typically without street frontage, that is located behind a separate, principal dwelling on the same lot, which fronts on the street. 29 Introduced, considered favorably on first reading, and ordered published in summary form this 6th day of April A.D. 2004, and to be presented for final passage on the 20th day of April A.D. 2004. _________________________________ Mayor ATTEST: ______________________________ City Clerk Passed and adopted on final reading this 20th day of April, A.D. 2004. __________________________________ Mayor ATTEST: ______________________________ City Clerk COPY COPY COPY AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 31 DATE: April 6, 2004 STAFF: Cameron Gloss SUBJECT First Reading of Ordinance No. 063, 2004, Amending the Land Use Code to Address Issues Pertaining to Carriage Houses and Accessory Buildings Within the NCL, NCM and NCB Zone Districts. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This is a request for amendments to the Land Use Code related to the design and construction of dwelling units and accessory buildings located along alleys within the Eastside and Westside Neighborhoods. The Land Use Code changes are a response to issues raised in a moratorium approved by City Council in January 2004. 1. Policy Basis Public policies calling for the addition of dwelling units within the Old Town Area pre-date the adoption of City Plan and the present Land Use Code. The underlying three zoning districts composing the moratorium area: Neighborhood Conservation-Low Density (NCL), Neighborhood Conservation-Medium Density (NCM) and Neighborhood Conservation- Buffer (NCB), were created as a direct result of the Eastside (1986) and Westside (1989) Neighborhood Plans. The City’s strategy of permitting secondary units at the rear of the lot, typically referred to as “alley houses” or “carriage houses”, has been similar to efforts employed in Portland and Seattle. These units have the potential of providing needed affordable housing options in close proximity to activity centers like the downtown and CSU, and that are served by existing infrastructure. They can promote diversity- inhabitants of these small units are likely to be in a different income bracket or different stage of life than those living in the main houses. An aging parent, for example can live in such a unit, maintaining their autonomy yet having caregivers nearby-some communities even describe the units as “granny flats” or “mother-in-law apartments”. Young adults, for instance, may be able to find units within family-oriented neighborhoods, as opposed to living in large rental housing complexes. With housing prices rising rapidly in Fort Collins, income from a secondary unit can be used to assist paying the mortgage. COPY COPY COPY April 6, 2004 -2- Item No. 31 Adopted City Plan Policy: Policy EXN-1.4 Infill Development and Redevelopment. Infill/redevelopment policies, standards, and procedures will apply to proposals for such activity in designated areas….Forms of compatible infill development include: • The addition of new dwellings on vacant lots and other undeveloped parcels surrounded by existing residential development. • Dwelling units added to existing houses (e.g., basement or upstairs apartments) • Small, detached dwellings added to lots of sufficient size with existing houses (e.g.- “alley houses” or “granny flats”) • Redevelopment of properties • Neighborhood related, non-residential development. 2. Density Limitations The Land Use Code limits the number and location of second detached dwellings constructed at the rear of the lot based upon lot size. Within the NCM and NCB zones, a minimum lot area of 5,000 square feet is required per dwelling unit, where the NCL zones require a minimum of 6,000 square feet of lot area. Therefore, NCL-zoned lots exceeding 12,000 square feet, and NCM/NCB-zoned lots exceeding 10,000 square feet, are eligible for additional units. 3. Existing Alley-fronting Units/Potential for Additional Units A recent windshield survey indicates that there are approximately 220 habitable structures along alleys within the Old Town area, with the potential for more than 640 dwelling units that could be added based upon the density standards. The survey did not ascertain how many were used as dwelling units versus studio, workshop or home office space. Most of the existing units were built prior to the 1950’s and vary greatly in size. Some were built as “carriage houses”, expressly designed and constructed to house workers supporting tenants of the main house, while others have been accessory buildings, such as garages, stables and storage buildings, that have been converted over time to living space. The most recent alley house construction began in 1991 when the Eastside/Westside rezoning and implementing standards were adopted. These later alley houses have been built primarily in the West Side neighborhoods, with a concentration of units within those blocks immediately north of the CSU campus, although there are other specific examples that have been built within the East Side neighborhoods. 4. Adopted Design Standards In addition to lot area limitations that restrict the density and location of alley houses, their design is subject to the following size, location (on the lot) and parking standards: · *800 square feet of floor area above grade, including attached garage space; · Maximum building height of two stories in NCL and NCM zone districts, and three stories in the NCB zone; (a story can be up to 25 feet in height) · Minimum roof pitch of 2:12 and maximum roof pitch of 12:12. COPY COPY COPY April 6, 2004 -3- Item No. 31 · 5-foot minimum rear yard setback from existing alleys and 15-foot rear yard setback in all other conditions. Walls abutting the side property line exceeding 18 feet in height must be setback further to accommodate the additional height. · Minimum off-street parking requirements: one off-street parking space per single family house; multi-unit buildings require parking based on bedroom count. · Drainage and alley improvements may be required in conjunction with alley house construction depending upon existing conditions and the size and impact of the house. · Lots can be subdivided, with the “front” unit(s) and “rear” unit(s) on separate lots, provided that the resulting lot areas match or exceed the minimum required under the density standards. In addition to the lot size requirements, lot lines must be configured in a regular-shape, meet minimum dimension requirements, provide sufficient alley right-of-way and/or easements (usually for utility service), and meet the City’s standards for storm drainage. No additional performance criteria pertain to the subdivision process. *The 800 square foot (sf) limit applies only if the new building and the existing building that is on the front portion of the lot are on the same lot. The confusion often arises when an owner replats a lot into 2 lots, and proposes to construct the new building on the newly created rear lot. In that situation, the 800-sf limit does not apply since the buildings are not on the same lot. These design and location standards identified in the NCL, NCM, and NCB district regulations apply to all single and multi-family units. The standards apply equally to any dwelling, which by definition could be a single-family or a multi-family building. 5. Design Guidelines In 1996, when the City last revised the design standards for alley housing, the City Council also elected to adopt guidelines. Standards are those design parameters that must be complied with. In the context of the Neighborhood Character Guidelines for the East Side and West Side Neighborhoods, guidelines are defined as “a suggested design approach that is not required to be followed. Compliance is encouraged but not required”. The following are adopted Design Guidelines for alleyhouses located within the East Side and West Side neighborhoods: “Traditionally, alleys contained simple buildings and most appeared smaller in scale than the primary structure, which was oriented to the street. This relationship should be continued” Alley houses should appear subordinate in scale to those seen traditionally along the street front. 52. Minimizing the perceived mass of an alley house is encouraged. · Dividing the mass of an alley house into “modules” to reduce its perceived scale is encouraged. · A single wall plane should not exceed thirty (30) feet in width without a significant (5 foot minimum) change in setback. · Alley houses that include one and one-and-one-half story elements are preferred. · Alley houses should not exceed two stories in height. COPY COPY COPY April 6, 2004 -4- Item No. 31 53. An alley house should appear subordinate in height to those seen traditionally along the street front. 54. An alley house should appear to be visually related to the primary structure. · Consider using similar materials and massing to convey a sense of relatedness. Architectural Details of Alley Houses While a wide latitude is appropriate in the treatment of architectural details on an alley house, the overall character should be one that is subordinate to that of the primary structure. 55. Architectural details on an alley house should appear simpler than those used traditionally on primary structures. 6. Multi-family vs. Single Family Alley Units If placed on a separate subdivided lot, a multi-family dwelling (duplex, triplex, fourplex) can exceed 800 sf. The zone district and the size of the lot on which the units are located dictate the maximum floor area for multi-family alley units. In the NCM or NCB zones, the minimum lot area must be the equivalent of two (2) times the total floor area of the building, but no less than 5,000 sf for a single family house or a duplex. Using a duplex in the NCM district as an example, if located on a 5,000 sf lot, it could be as large as 2,500 SF. The zone district would trigger the proposal to come for review and action by the Planning and Zoning Board. In order to approve the duplex, the Planning and Zoning Board would need to find that all of the City’s design standards have been met, including the Building and Project Compatibility standards of Section 3.5.1. and the off-street parking requirements. The land use code requires multi-family units to be approved through a Type 1 or Type 2 public hearing, where single family units can be approved by-right. 7. Perceived Problems Testimony from recent public hearings and neighborhood meetings has highlighted the following perceived problems. A summarized version of the issues was contained within the moratorium ordinance adopted by City Council in January. • Increased traffic on alleys, with greater amounts of noise and dust. Alleys are being utilized as streets for alley houses, but the alleys cannot handle the increased traffic because they can't be designed and improved to meet our street standards; • If the alley is required to be paved in conjunction with an alley house, there will be higher traffic speeds and volumes along the alley; • If alleys are not paved in conjunction with the alley house, the alley will be inadequate to serve the development and there will be an increase in the amount of dust and noise; COPY COPY COPY April 6, 2004 -5- Item No. 31 • Alley houses on the interior of a block create more impact than those located on corner lots due to the increased traffic on the alley. Some corner lots also have the potential to take vehicular access off of the side street rather than the alley; • Some alley house architecture is incompatible with neighborhood character, in terms of mass, bulk, scale, height, and style; • Loss of privacy in backyards; • Increased noise; • Inadequate parking to serve the alley house causes parking spillover into the alley and adjacent properties. The alleys can become impassable in some circumstances due to illegal parking; • Future conversion of unfinished basements into living space, particularly bedrooms. This additional occupancy increases potential for adverse impacts to the neighborhood; • Subdivision of the rear portion of the lot will promote the sale of units as a rental “investment” as opposed to owner occupancy. If the alley house remains on the same lot as the “front” house, there is better policing of the alley house in terms of noise, occupancy level and type of tenants; • Some property owners are taking advantage of existing regulations to construct multi-family dwellings as alley houses and are then utilizing all of the dwelling units on the lot as rentals; • Compared to single family alley houses, multi-family units along alleys may have greater impacts in terms of visual quality, noise, and traffic; • A greater number of rental units has the potential to promote disinvestment in the neighborhood; and • While a small number of alley houses may be acceptable within a given neighborhood, there is no numeric cap other than the existing density (lot size) limitations of the zoning district. PUBLIC DISCUSSION The Current Planning Department developed an accelerated, but extensive public process to address issues raised in the moratorium discussion. The cornerstone of this process was a consecutive multiple-day session known as a “charrette”. The charrette is an intense work effort, that combines a variety of affected disciplines, and that is completed within a collaborative public setting. This process brought stakeholders together in one place for a concentrated period of time to create a detailed, feasible agreement that would otherwise take months to achieve. In addition, a series of public meetings with affected Boards and Commissions has been developed to critique and build upon the draft Standards developed during the charrette. Staff has also distributed copies of the Draft standards to the City Council, Planning and Zoning Board, Homebuilder’s Association (HBA) and Landmark Preservation Commission (LPC) in a COPY COPY COPY April 6, 2004 -6- Item No. 31 Study Session format and elicited comments. Much of the discussion has centered on two issues: 1) continuation of the subdivision of alley lots and 2) the review process including the procedure to vary the standards. A summary of the LPC’s comments and concerns are outlined in the attached letter. One Planning and Zoning Board member, who also was in attendance at the HBA presentation, expressed concern that the modification procedure was too cumbersome for larger structures and that the code should be modified to allow for larger buildings if located on larger lots. Planning and Zoning Board reviewed the proposed Land Use Code changes at a public hearing held on March 18, 2004. The Board unanimously (5-0, Torgerson abstained, Meyer absent) recommended approval of the proposed code changes except for the provision for future subdivision of lots. With respect to subdividing, the Board stated that the negative impacts on the neighborhoods outweighed the addition of a relatively small number of affordable units, and they echoed historic preservation concerns expressed by the LPC. The approved motion also included a request for continued study of fire and emergency medical access issues raised by Poudre Fire Authority. A summary of the Planning and Zoning Board hearing minutes is attached. RECOMMENDATION Based on input from the public Boards, Commissions and other groups, staff recommends the following: 1. Prohibition of Multi-Family Dwellings along Alleys The proposed LUC change calls for the prohibition of multi-family dwellings along alleys. 2. Dwelling Unit Size Restrictions The current size limitations have not ensured that alley housing is compatible with neighborhood character. Many units are essentially full-size houses of up to 1,600 sf of total living space, with up to 800 sf of floor area on the main level and 800 sf in the basement. A lack of massing restrictions has allowed new units to be larger in scale than the primary house along the street. Staff proposes limitations on the maximum building footprint, total square footage (including all areas above- and below-grade) and the ridgeline and eave height (in feet). To reduce the apparent mass of buildings, the first floor building coverage has been restricted to 600 sf which is roughly the size of an oversized two-car garage, the ridgelines are set at a maximum of 24 feet above grade and roof eaves a maximum of 13 feet above grade. The maximum building floor area permitted per zone district reflects a sliding scale based on the zoning district (see attached chart). These standards would apply to all dwelling units and those accessory buildings with water and/or sewer service. COPY COPY COPY April 6, 2004 -7- Item No. 31 3. Revised Standards for Accessory Buildings Since accessory buildings are subordinate to the primary residence, the Draft standards also define bulk standards limiting the building square footprint/square footage, ridgeline and eave heights. The maximum building footprint for any accessory building is 600 square feet and the maximum ridgeline and eave heights are 20 feet and 13 feet, respectively. 4. Proposed Review Process Staff debated the merits of applying different types of review processes and has settled on an amendment to the existing Project Development Plan (PDP) application as the most practical of the alternatives. The code change calls for PDP criteria to be added that will address compatibility issues specific to the addition of units adjacent alleys. Affected property owners have expressed frustration in their lack of meaningful input with respect to most alley-oriented development. Since most alley housing, and all accessory buildings, only require a building permit review, they are constructed without any public notification or public hearing. While this may not provide enough public input, there has been an expressed fear that we may be swinging too far toward regulation and “overprocessing” what is considered a relatively small building. Staff’s perspective is that the proposed process will strike the appropriate balance between under- and over-regulation. The PDP process would apply to all detached single family houses at the rear of the lot, as well as all accessory buildings that are served by water and/or sewer. An expanded review process will also allow neighbors to discuss key compatibility issues with an applicant at a required neighborhood meeting. The expanded criteria would allow the discussion of the following key points that seem critical to ensuring neighborhood compatibility: -Privacy. One of the top issues discussed in the Charrette conducted during the preparation of the Draft standards was protecting the privacy of neighbors. The views of private and shared spaces, acoustical privacy, and entry routes used by tenants were identified as concerns. To ensure a measure of privacy, attention will need to be paid in the siting and designing the unit, including the location of the entry, porches, private or shared outdoor spaces, window placement and closeness to property lines. Privacy between the main house the rear unit should also be part of the site planning. -Solar Access. Access to the sun for gardens and yards can be an important concern. Placing a unit too close to the property line, particularly along the north side, can impact a neighbor’s solar access. -Parking. The Land Use Code sets standards for the number of off-street parking spaces required. Under the Draft Ordinance, each bedroom of the alley unit requires a parking space. Care should be given in the siting of parking to minimize impact to neighboring properties. 5. Modification to the Standards During the course of preparing the DRAFT standards, staff received comments that there may not be enough flexibility within the standards to address unique circumstances caused by larger lots. COPY COPY COPY April 6, 2004 -8- Item No. 31 Even though most lots within the Eastside/Westside Neighborhoods fall within a consistent range of sizes, there are some lots that are substantially bigger than those within the adjacent area. To address this issue, staff is recommending that the modification procedures and criteria identified in Section 2.8 of the Land Use Code provide the means to vary from the standards if unique circumstances arise. With the recent Land Use Code change allowing consideration of modification of standards request to be heard by an Administrative Hearings Officer, there should be little, if any, delay in the review process if a modification is warranted. 6. Subdivision One of the most controversial issues has been whether to allow lots to be subdivided to accommodate the front and alley units on separate lots. Staff recommends that the present standard be retained, allowing lots to be further subdivided. It is staff’s perspective that the subdivision will aid in the creation of more fee simple ownership of affordable housing within the Old Town area. Clearly, the sentiment of most members of the public involved in the process to date is that the ordinance should prohibit the creation of lots fronting on alleys. A summary of comments received during the charrette and follow-up meetings regarding subdivisions is attached. As mentioned, the Planning and Zoning Board recommends that the subdivision of alley-fronting lots be prohibited. From the perspective of the Board and many neighborhood residents, the most recent alley units have largely benefited the investment community at the expense of neighborhood character and livability. Some stated that alley units can offer an opportunity for home ownership, however, the temptation for selling two properties created through subdivision may be so great that single family owners will opt for this, regardless of the negative impacts. It has been argued that a carriage house on the same lot as the front house might be less likely to have the full impacts of completely separate households. There is also greater likelihood that occupants could use the yard for pedestrian access to the street sidewalk, and less likely that the alley fully becomes a street in terms of its function. The staff has surveyed three communities that have used alley housing as part of its infill strategy, Portland, Seattle, and Boulder, and found that none permit the subdivision of lots (the exception being Boulder, which only allows alley housing on corner lots). 7. Alley Surface (To Pave or Not To Pave) The City technically considers all alleys “streets”. Alleys are the lowest classification of all street types. In applying the adopted requirements of the Larimer County Urban Area Street Standards and the Land Use Code, the City typically requires that alleys are brought up to present standards. This includes paving, provisions for drainage, undergrounded utilities and safe access for emergency services. The Land Use Code authorizes staff to require alley upgrades when there is a change of use or construction activity that requires permits to be issued by the City. In addition to upgrading the portion of the alley that is adjacent to a subject property, the City requires that the alley improvements be extended to the nearest intersecting paved street. Sometimes, the cost of making these alley improvements may discourage alley-accessed development that will further adopted City COPY COPY COPY April 6, 2004 -9- Item No. 31 goals for infill and redevelopment. While the improvements may help the City upgrade the alley infrastructure, it may be placing unreasonable requirements on the applicant given the relatively minor impact caused by the additional unit or habitable space. The adopted policy and standards for alley paving seems to run counter to the opinion of the majority of those involved in the most recent discussions. Public sentiment appears to be that alleys should be maintained with their present surface treatment. Many residents have stated their preference for the simple form and character that the existing unpaved Old Town alleys provide. The comments are based on both the visual qualities, more “informal”,“historic”, and “park-like”, and their functional attributes—some have stated their preference to walk or jog along alleys due to the soft surface and the lack of driveways. Staff proposes that construction of accessory buildings and detached single family units taking access off alleys within the NCL, NCM and NCB zone districts, and that meet all of the design standards set forth in the revised ordinance, be exempt from alley paving requirements. This change would not extend to alleys abutting commercially zoned properties. 8. Public Safety Considerations: The City Police Department and Poudre Fire Authority have raised several public safety issues. Their concerns range from the ability of service providers to identify and access structures along alleys to other design aspects that may impact safety. The following is a list of issues raised by public safety specialists and staff’s response: • A Clear Addressing Scheme. The City is authorized under the Larimer County Urban Area Street Standards to assign property addresses. Beyond that authorization, the City has no formally adopted protocol for assigning addresses for dwelling units abutting alleys. Over the years, the Technical Services staff has informally been assigning the “front” house with the address designation of “A” and the alley- fronting house as “B”. This has been used successfully to date in Fort Collins, as well as in other jurisdictions; however, there are addressing details that still need to be worked out with emergency service providers, including the Police Department and PFA. Staff is recommending that these remaining street addressing issues for carriage houses be quickly resolved and the practice formalized through an adopted addressing policy. To address the issue of visibility from a street, staff is requesting that the informal address identification standards recommended by PFA be formalized, and that the Uniform Building Code (UBC) sign standards continue to be enforced as written. The UBC requires all units to have display address numbers such that they are “plainly visible and legible from the street or road fronting the property." PFA has taken the position that all residential buildings need to provide 4" high address numbers on a contrasting background. • Prohibit dwelling units along alleys that do not have straight-line access to public streets (T-intersecting or dead end access). COPY COPY COPY April 6, 2004 -10- Item No. 31 T-intersecting and dead end alleys can cause a significant access issue for emergency service providers. This problem is not widespread, as few lots within the Old Town area front on alleys with this configuration and are of sufficient size to accommodate a carriage house. Nevertheless, staff proposes that carriage houses not be permitted under these circumstances. C. Prohibit situations where residents pay for parking. Section 3.2.2(K) of the off-street parking standards was recently modified to allow only those parking spaces that are available at no additional rental or purchase cost to be applied toward fulfilling the parking requirements. Staff’s perspective is that the present LUC language is sufficient to address this issue. D. Pedestrian easement from a public street to unit/lot. A ten foot-wide pedestrian easement would be required during the subdivision process, ensuring that occupants of the alley unit have unencumbered access to the public sidewalk. • Lighting and Landscaping. The City Police Department and PFA have asked that minimum lighting standards of 0.8 footcandles be provided along alleys and that landscaping be limited to 18 inches in height along sideyards and that no plant materials to encroach along alleys. With respect to both lighting and landscaping, staff proposes no specific LUC changes at this time, but recommends that the issues be addressed during the upcoming Eastside and Westside Neighborhood Plan Updates. Section 3.2.4(D)(6), the design standards for site lighting, identify the need for design guidelines for lighting that address specific needs of unique neighborhoods. The adopted Eastside/Westside Neighborhoods Design Guidelines actually encourage landscaping along the edges of alleys. The landscaping issue is further muddied by the privacy concerns brought up by neighbors; their comments seem to indicate that landscaping may be an appropriate way to mitigate visual impacts between properties. • Fire Sprinkler Systems. PFA has stated that all dwelling units along alleys will require a fire sprinkler system. This requirement does not necessitate a change to the Land Use Code. ATTACHMENTS Attachment A – Vicinity Map Attachment B – Zone District Regulations Attachment C– Ordinance