HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/19/2007 - SECOND READING OF ORDINANCE NO. 078, 2007, AMENDIN ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: June 19, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
Anne Aspen
SUBJECT
Second Reading of Ordinance No. 078,2007,Amending the City of Fort Collins Land Use Code To
Implement Transit Oriented Development.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 5, 2007, adds Transit Oriented
Development(T.O.D.)to the Land Use Code for a geographic specific area defined primarily as the
Commercial zone south of Prospect Road. Staff has identified T.O.D. as a development pattern that
supports compact urban growth, infill and re-development and multi-modal transportation. Key
standards address land use, density, height and compatibility.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-June 5, 2007.
2. Memo from staff responding to Council's questions at First Reading.
ATTACHMENT
ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: June 5, 2007
FORT COLLINS 17MLp FF: Ted Shepard
Anne Aspen
SUBJECT
First Reading of Ordinance No. 078, 2007, Amending the City of Fort Collins Land Use Code To
Implement Transit Oriented Development.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
On May 17, 2007, the Planning and Zoning Board considered the proposed changes and voted 7-0
to recommend approval of the C(Ipy
EXECUTIVE SUMMARY
Staff has identified Transit Oriented Development(T.O.D.) as a development pattern that supports
compact urban growth,infill and re-development and multi-modal transportation. As a component
of the Spring 2007 Land Use Code Update,T.O.D.represents a significant addition to the Code for
a geographic specific area defined primarily as the Commercial zone south of Prospect Road. Key
standards address land use, density,height and compatibility. This addition to the Land Use Code
builds upon the establishment of the T.O.D. District and de-regulation of the required minimum
number of parking spaces for multi-family adopted by Council in the Fall of 2006.
BACKGROUND
The Land Use Code was fir a es ar S Sequent revisions have been
recommended on a biannual b s to m , ons, etions and clarifications that have
been identified in the precedin x m p posed ch ges are offered in order to resolve
implementation issues and to continuously improve oth the overall quality and"user-friendliness"
of the Code. Since T.O.D. is a time-sensitive issue with regard to a Federal grant application, this
item has been forwarded to Council independent of other more minor Land Use Code changes which
will be considered by Council on June 19, 2007.
June 5, 2007 -2- Item No. 21
ATTACHMENTS
1. Description of the propose itio d c s,' diublic Outreach follow-up and
Planning and Zoning TJ ate.2. Notes from March 11, 07 Ext al R ie eetin oper Group.
3. Notes from May 23, 20 rn w eeting: ighborhood Group.
4. Mason Street Corridor Brochure and DVD.
5. TOD Overlay Map.
6. TOD Overlay District Map (South of Prospect Only).
7. TOD Overlay Map with zoning.
8. PowerPoint presentation.
ATTACHMENT 2
Community Planning and Environmental Services
(W63) Current Planning
City of Fort Collins
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Anne Aspen, City Plannel f f f-
THRU: Darin Atteberry, City Manager` 1.
Joe Frank, Interim Director, P.D.T�C �Sl'
Cameron Gloss, Director, Current Planni
Ted Shepard, Chief Planner "7-S
DATE: June 13, 2007
RE: 'It Reading Questions from Council
This memo contains answers to the questions Council members posed at the
first reading of the Transit-Oriented Development (TOD) Overlay component of
the Spring 2007 Land Use Code Update at the June 5, 2007 City Council
meeting.
1. Why are the two sites on Cherry Street belna added to the Overlay
Zone boundary?
The criteria for inclusion in the TOD Overlay zone were:
• Within a 5-minute or% mile walking distance from Mason Condor
station or stop or of CSU Main Campus or downtown, and
• Not within a built-out residential zone district unless specifically zoned
to encourage redevelopment and infill. (There is one exception to this
rule: there are 2 %: blocks in the Westside neighborhood that are zoned
NCM that are included because there is redevelopment happening in
this area, such as the Atrium Suites, which has made a thorough case
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
for reduced parking given the proximity to campus and the number of
students that do not have cars in that area).
The two properties proposed to be added are to the northeast of Cherry
and Mason Court. One is the future site of the Discovery Center/Museum
and one is the site of the approved Cherry Street Station project. This
proposed change is unlikely to affect either site. The Discovery
Center/Museum will not have multi-family dwelling units associated with it
so the parking exception, the only TOD Overlay Zone standard north of
Prospect, will not apply.
The parking exception would not retroactively apply to the Cherry Street
Station project because projects are subject to the standards in effect at
the time of application submittal. If the approved plan were abandoned
and another plan submitted for the Cherry Street Station site, the parking
exception would apply to the project. It was pointed out at a public
outreach meeting that these parcels were inadvertently overlooked. They
are being added for consistency's sake.
2. Why are 'mixed-use dwellings' being added to the parking exception
in Section 3.2.2(K)(1)(a)(1)?
The intent of the parking exception in the TOD Overlay Zone was to
eliminate greenfields-based required parking minimums for any multi-
family residential projects within the overlay zone. In Article 5, Terms and
Definitions of the Land Use Code, there are separate definitions for
'dwelling, multi-family' and 'dwelling, mixed-use'. Mixed-use dwelling units
are essentially multi-family residences that are above ground-level
commercial space. Since there are different definitions for the two, we
need to call both uses out to capture all multi-family housing types that are
eligible for the parking exception. We failed to include this in the Fall 2006
Land Use Code changes because of an oversight.
3. Please explain the objective performance standards for the height
incentive in Section 3.10. 5(G) They do not seem specific enough.
10% affordable does not seem like enough. It seems too easy to get
the bonus height.
The City of Fort Collins has a fixed Growth Management Area and
established policies in support of infill and redevelopment. The Land Use
Code does not and in fact cannot require affordable housing, structured
parking or mixed-use projects, yet these attributes are considered
essential for successful TOD development. Affordable housing, structured
parking and mixed-use are very costly to create and are complicated
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features to achieve in any development, let alone an inflll or
redevelopment site. It is estimated that a single space in a parking
structure costs around $10,000 - 14,000; thus a 50 space structure could
cost over half a million dollars. Providing an additional story of height
could help to offset some of this cost. This incentive provides developers a
means to offset the very high cost associated with these optional features.
The 10% affordable housing standard was chosen to align with the Land
Use Code definition for affordable housing, which states,
'An affordable housing project shall mean... at least ten (10)percent of
said dwelling units or spaces (the "affordable housing units') are to be
available for rent or purchase on terms described in the definitions of
affordable housing unit for rent or affordable housing unit for sale..."
Council directed Staff to craft standards that are functional at attracting
and achieving successful TOD developments. Staff consulted developers
who are actively involved in developing in the TOD Overlay Zone and we
heard from them that this incentive would be a useful incentive towards
making TOD developments work financially.
4. What streetscape standards are being added?
Several of the proposed standards address the quality of the streetscape
in the TOD, either directly or indirectly:
• Section 3.10.2 disallows ground level enclosed mini-storage, which is
currently allowed, specifically because of the negative impact this use
has on the streetscape, walkability and pedestrian experience.
• Section 3.10.3 addresses streetscape quality from site planning level,
early in the conceptual design of a project. It reinforces the general
streetscape standards found in Section 3.5.3 Building Standards for
Mixed-Use, Institutional and Commercial Buildings and extends them
to all developments in the TOD Overlay including residential projects.
It also adds specific information pertaining to the TOD Overlay such as
orienting to the east-west streets and stations.
• Section 3.10.4 addresses specific details of streetscape design.
Section 3.10.4(A) requires a more urban streetscape than is currently
required, with wider sidewalks and trees in grates. Section 3.10.4(B)
requires bulb-outs and crosswalks which are not currently required and
which enhance the quality and safety of the pedestrian zone. Section
3.10.4(D) addresses streetscape pedestrian quality and safety at the
intersection of the streetscape with a parking structure entry.
• Section 3.10.5 addresses architectural impacts on the streetscape.
These standards are found in other zone district standards but not in
the C—Commercial or general development standards.
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5. Why was side parkina removed from the standard?
At Council Worksession on April 24, Councilmember Manvel suggested
that we eliminate side parking from the standards. Staff agreed,
especially in light of Council's direction to aim for very high level of quality
and ask for what we really want.
6. Why was the allowable window coveraae increased from 75 to 90%?
The Planning and Zoning Board Chair, who is an architect, commented
that if we allow storefront window systems, that we should consider
increasing the amount of allowable window coverage to align with
standard design principles for that construction type. A 75% coverage is
typical on a downtown-type of development where individual windows are
used. A 90% coverage allows for more window coverage that is typical in
a storefront system while still ensuring that the windows are framed by the
primary building material. This proposed change is consistent with our
intent to promote a more commercial architecture in the C Zone and to not
replicate downtown.
7. Is there any way that bike container storage units provided as an
amenity could be disallowed and considered enclosed mini-storaae?
No. Enclosed mini-storage is defined as
"a building containing separate, individual, private storage
spaces, which may be of various sizes, and which are rented
pursuant to individual leases for varying periods of time."
Bike storage containers are not a building. While bike storage containers
are not specifically called out in Section 3.2.2(C)(3), this section of the
general standards requires site amenities that enhance safety and
convenience and promote walking or bicycling as an alternative means of
transportation, including 'bike parking facilities'. Bike storage containers
are one way to meet this requirement.
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8. What will be the impact on the auto dealers who make up a large
percentage of the property ownership in the TOD Overlay south of
Prospect?
There will be no impact to existing buildings or businesses as a result of
these proposed Land Use Code changes. These proposed standards
only apply to new developments or to substantial additions or remodels of
buildings, and then only to the extent reasonably feasible. We met with a
consortium of auto dealers in March and received positive feedback about
the Mason Corridor and proposed standards. The auto dealers recognize
the symbiotic relationship between the Mason Corridor and their
businesses: employees will have an alternative means of commuting and
in the future, additional convenient places to run errands; many service
customers will be able to hop on the BRT instead of using a courtesy
shuttle. The BRT will also bring thousands of riders by the auto
dealerships daily.
9. What does 'user-friendliness' of the code mean? Will the code still
be predictable, prescriptive and fair or will strong negotiators get
preferential treatment?
The following sentence has been used in the Agenda Item Summaries
since at least 1999:
"The proposed changes are offered in order to resolve implementation
issues and to continuously improve the user-friendliness of the Code."
After the Code was first adopted in 1997, customers and Staff discovered
that there were a number of areas where there was a lack of cross-
referencing, duplications, internal conflicts, and other inconsistencies that
caused confusion. (You may recall the "adjacent" versus "abutting"
episode.) The biannual update of the Code allows Staff to clarify these
discrepancies resulting in a Code that is more "user-friendly' to navigate
and understand. The term has never been intended to imply that
standards would be interpreted and applied inconsistently depending on
the ability of strong negotiators.
The proposed Land Use Code amendments do not change the Land Use
Code review process, only the standards by which projects get reviewed.
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ORDINANCE NO. 078, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY OF FORT COLLINS LAND USE CODE
TO IMPLEMENT TRANSIT ORIENTED DEVELOPMENT
WHEREAS, on March 18, 1997, by Ordinance No. 051, 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, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
implementation of Transit Oriented Development and have made recommendations to the
Council regarding such issues; and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed for the implementation of Transit Oriented Development are
in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That Article 3 of the Land Use Code is hereby amended by the
addition of a new Division 3.10 which reads in its entirety as follows:
DIVISION 3.10 DEVELOPMENT STANDARDS FOR THE TRANSIT-
ORIENTED DEVELOPMENT (TOD) OVERLAY ZONE
3.10.1 Applicability and Purpose
(A) Applicability. These standards apply to applications for development
within the boundary of the TOD Overlay Zone, south of Prospect Road.
(B) Purpose. The purpose of this Section is to modify the underlying zone
districts south of Prospect Road to encourage land uses, densities and
design that enhance and support transit stations along the Mason Corridor.
These provisions allow for a mix of goods and services within convenient
walking distance of transit stations; encourage the creation of stable and
attractive residential and commercial environments within the TOD
Overlay Zone south of Prospect Road; and provide for a desirable
transition to the surrounding existing neighborhoods. Accordingly, in the
event of a conflict between the provisions contained in this Division and
the provisions contained in Article 4, this Division shall control.
3.10.2 Permitted Uses
(A) Enclosed mini-storage. Ground-floor enclosed mini-storage shall be
prohibited. Enclosed mini-storage shall be allowed either below grade or
on upper levels of a building.
3.10.3 Site Planning
(A) Building Orientation. Primary commercial and residential building
entrances shall face streets, connecting walkways, plazas, parks or similar
outdoor spaces, but not parking lots. Buildings shall face all street
frontages to the maximum extent feasible, with highest priority given to
east-west streets that lead from transit stations to destinations.
(B) Central Feature or Gathering Place. At least one (1) prominent or central
location within each transit station area shall include a convenient outdoor
open space or plaza with amenities such as benches, monuments, kiosks or
public art. This feature and its amenities shall be placed adjacent to a
transit station, to the extent reasonably feasible.
(C) Outdoor spaces. To the extent reasonably feasible, buildings and
extensions of buildings shall be designed to form outdoor spaces such as
courtyards, plazas, arcades, terraces, balconies and decks for residents'
and workers' use and interaction, and to integrate the development with
the adjacent physical context. To the extent reasonably feasible, a
continuous walkway system linking such outdoor spaces shall be
developed, and shall include coordinated linkages between separate
developments.
3.10.4 Streetscape and Pedestrian Connections
(A) Streetscape. Developments shall provide formal Streetscape improvements
which shall include sidewalks having street trees in sidewalk cutouts with
tree grates, planters, or other appropriate treatment for the protection of
pedestrians, and shall provide seating and pedestrian light fixtures.
Specific design details shall be subject to approval by the City Engineer in
accordance with the design criteria for streets.
(B) On-street parking. On-street parking shall be defined by landscaped curb
extensions or bulb-outs. Conventional or enhanced crosswalks shall be
provided at all intersections.
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(C) Off-street parking. Off-street parking shall be located only behind, above
or below street-facing buildings. No parking will be allowed between the
street and the front or side of a building.
(D) Parking Structure Design. To the extent reasonably feasible all parking g Y P g
structures shall meet the following design criteria:
(1) Where parking structures face streets, retail and other uses shall be
required along at least fifty (50) percent of the ground level
frontage to minimize interruptions in pedestrian interest and
activity. The decision maker may grant an exception to this
standard for all or part of the ground level frontage on streets with
low pedestrian interest or activity.
(2) Awnings, signage and architectural elements shall be incorporated
to encourage pedestrian activity at the street-facing level.
(3) Auto entrances shall be located and designed to minimize
pedestrian/auto conflicts. Where service entries or parking
structure entries are needed, the following standards shall be met:
(See Figure
(a) the crown of the underground parking access ramp shall be
at least four(4) feet behind the back edge of the sidewalk;
(b) the beginning of the ramp for an above-ground parking
garage shall be at least four(4) feet behind the back edge of
the sidewalk;
(c) the entry to the parking structure shall be separated from
the sidewalk by low planters or a low wall;
(d) no blank walls shall be allowed on either side of the entry;
(e) the sidewalk pavement shall be continuous across the drive
aisle. Any break in the paving surface or scoring shall be
in the drive surface and not in the pedestrian surface; and
(f) appropriate cautionary signage shall be used to alert
pedestrians to the presence of entering and exiting vehicles
and to inform drivers that pedestrians have priority.
Figure_
Clear sight lines for pedestrian safety
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A
d.
- E
s
(E) Bicycle parking. A minimum number of bicycle parking spaces shall be
provided, equal in number to ten (10) percent of the total number of
automobile parking spaces provided by the development, but not less than
four(4) spaces.
3.10.5 Character and Image
(A) Articulation. Exterior building walls shall be subdivided and proportioned
to human scale, using projections, overhangs and recesses in order to add
architectural interest and variety and avoid the effect of a single, massive
wall with no relation to human size.
(B) Rooflines. Flat-roofed buildings shall feature three-dimensional cornice
treatment on all walls facing streets or connecting walkways, or a rail at
the top of the wall of a usable rooftop deck, unless the top floor is stepped
back to form a usable roof terrace area. A single continuous horizontal
roofline shall not be used on one-story buildings. Accent roof elements or
towers may be used to provide articulation of the building mass. To the
maximum extent feasible, a minimum pitch of 6:12 shall be used for gable
and hipped roofs. Where hipped roofs are used alone, the minimum pitch
shall be 4:12.
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(C) Materials and colors.
(1) Predominant exterior building materials shall be high quality
materials, including but not limited to brick, sandstone, other
native stone, tinted/textured concrete masonry units, stucco
systems or treated tilt-up concrete systems.
(2) All building facades shall incorporate stone, stone veneer, brick,
brick veneer, stucco, corrugated metal, wood and/or equivalent
accent material in a manner that highlights the articulation of the
massing or the base and top of the building. An all-brick building
does not need to incorporate an accent material, though soldier
courses and banding or other brick, stone, or metal detailing are
encouraged in order to subdivide masses and establish human
scale.
(3) Predominant or field colors for facades shall be low reflectance,
subtle, neutral or earth tone colors. The use of high-intensity
colors, black or fluorescent colors shall be prohibited.
(4) Building trim and accent areas may feature brighter colors,
including primary colors, and black, but neon tubing shall not be
an acceptable feature for building trim or accent areas.
(5) Exterior building materials shall not include smooth-faced concrete
block, untreated or unpainted tilt-up concrete panels or
prefabricated steel panels.
(D) Multiple storefronts. Buildings with multiple storefronts shall be unified
though the use of architecturally compatible features, such as colors,
details, awnings, signage and lighting fixtures.
(E) Walls,fences and planters. Walls, fences and planters shall be designed
to match or be consistent with the quality of materials, style and colors of
the development.
(G) Building Height All buildings shall have a minimum height of twenty
(20) feet, measured to the dominant roof line of a flat-roofed building, or
the mean height between the eave and ridge on a sloped-roof building. In
the case of a complex roof with different, co-dominant portions, the
measurement shall apply to the highest portion.
(1) All buildings shall be limited to the maximum height allowed in
the underlying zone district unless:
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(a) the development is mixed-use and contains at least one-
seventh (1/7) of its total building square footage as either
residential or office use, in which case the maximum
allowable height shall be the base height plus one (I) story;
or
(b) the development is mixed-use and contains at least one-
seventh (1/7) of its total building square footage as
residential use and at least ten (10) percent of the
residential units are either affordable housing units for rent
or affordable housing units for sale as defined in Article 5
or structured parking (underground, interior to the site or
above ground), in which case the maximum allowable
height shall be the base height plus two (2) stories; or
(c) the project is mixed-use and contains at least one-seventh
(1/7) of its total building square footage as residential use
and at least ten (10) percent of the residential units are
either affordable housing units for rent or affordable
housing units for sale as defined in Article 5, and the
project contains structured parking (underground, interior
to the site or above ground), in which case the maximum
height shall be the base height plus three(3) stories.
(2) Buildings allowed under subsections (G)(1)(a), (b) or (c) of this
section shall have a base portion consisting of one (1) or two (2)
stories. The base portion shall be clearly defined by a prominent,
projecting comice or roof, fenestration, different material, and
different color from the remainder of the building. If the base
portion is two (2) stories, the ground floor shall be further
differentiated by fenestration and other detailing.
(3) Buildings allowed under subsections (G)(1)(a), (b) or (c) of this
section shall also be designed so that upper portions of the building
are stepped back from the base. The adequacy of upper floor step-
backs shall be determined by the extent to which they advance the
following objectives: (a) providing pedestrian scale along
sidewalks and outdoor spaces; (b) enhancing compatibility with the
scale and massing of nearby buildings; (c) preserving key sunshine
patterns in adjacent spaces; and (d) preserving views.
(H) Windows. Standard storefront window and door systems may be used as
the predominant style of fenestration for buildings as long as the building
facade visually establishes and defines the building stories and establishes
human scale and proportion. Minimum glazing on pedestrian oriented
facades of buildings shall be sixty (60) percent on the ground floor and
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forty (40) percent on upper floors. Projects functionally unable to comply
with this requirement shall mitigate such non-compliance with ample,
enhanced architectural features such as a change in massing or materials,
enhanced landscaping, trellises, arcades or shallow display window cases.
(1) Display windows. Ground floor retail, service and restaurant uses shall
have large-pane display windows. Such windows shall be framed by the
surrounding wall and shall not exceed ninety (90) percent of the total
ground level facade area.
Section 2. That Section 4.18 of the Land Use Code is hereby amended by the
addition of a new subparagraph(F) which reads in its entirety as follows:
(F) Development Standards for the Transit-Oriented Development (TOD)
Overlay Zone. Development located within the TOD Overlay Zone shall
be subject to the requirements of Division 3.10.
Section 3. That Section 4.21 of the Land Use Code is hereby amended by a
new Section(G) which reads in its entirety as follows:
(G) Development Standards for the Transit-Oriented Development (TOD)
Overlay Zone. Development located within the TOD Overlay Zone shall
be subject to the requirements of Division 3.10.
Section 4. That Section 4.27 of the Land Use Code is hereby amended by the
addition of a new subparagraph(G) which reads in its entirety as follows:
(G) Development Standards for the Transit-Oriented Development (TOD)
Overlay Zone. Development located within the TOD Overlay Zone shall
be subject to the requirements of Division 3.10.
Section 5. That the definition of"Transit facility" contained in Section 5.L2
of the Land Use Code is hereby amended to read as follows:
Transitfacility shall mean bus stops, bus terminals, transit stations, transfer points
or depots without vehicle repair or storage.
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Introduced, considered favorably on first reading, and ordered published this 5th
day of June, A.D. 2007, and to be presented for final passage on the 19th day of June,
A.D. 2007.
v
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of June, A.D. 2007.
Mayor
ATTEST:
City Clerk
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