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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2011 - FIRST READING OF ORDINANCE NO. 120, 2011, MAKING VDATE: September 6, 2011 STAFF: Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 120, 2011, Making Various Amendments to the Land Use Code. EXECUTIVE SUMMARY Staff has identified a variety of proposed changes, additions and clarifications in the 2011 annual update of the Land Use Code. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. Most of the items were taken to the July 21, 2011 Planning and Zoning Board meeting. One item was deleted from consideration for further study. Two items were taken to the August 18, 2011 Planning and Zoning Board meeting. All of the proposed revisions included in the Ordinance have received unanimous approval from the Planning and Zoning Board. The list of revisions has been reviewed by City Council at two work sessions. First, on March 9, 2010, Council recommended that the Ecological Characterization Study be submitted 10 working days prior to submittal. This has been done as described in Code revision number 873. Second, on June 14, 2011, Council indicated general support for all of the revisions but specifically recommended that the waiting period between the neighborhood meeting and application submittal be increased from five to ten days. This has been done as described in Code revision number 883. All items related to the East Side and West Side Neighborhoods Design Standards for Single Family Detached Dwellings have been forwarded to the appropriate staff working on the Reset Project. FINANCIAL / ECONOMIC IMPACTS A Land Use Code that is systemically updated is able to respond to changing trends and conditions. This continuous improvement provides for an adaptable regulatory environment yet remains predictable for all users and decision- makers. While there may be no direct financial and economic impacts in the typical fiscal sense, a dynamic Land Use Code creates a valid and credible legal framework that serves a vibrant local economy. ENVIRONMENTAL IMPACTS Proposed revision Item 873 would provide for the submittal of an Ecological Characterization Study at least 10 days prior to submittal of a P.D.P. This allows staff and the applicant to evaluate the results of the study and make the appropriate adjustments prior to submitting for a Project Development Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. September 6, 2011 -2- ITEM 20 BOARD / COMMISSION RECOMMENDATION On July 21, 2011, the Planning and Zoning Board considered the proposed revisions to the Land Use Code and took two actions: 1. The Board discussed the items and voted 7 – 0 to recommend approval of all items with the exception of Item 888. As proposed, Item 888 would amend Section 3.4.1(E) – Establishment of Buffer Zones – to clarify that the point of measurement for streams should be the top of bank instead of full-bank discharge. 2. The Board then separately discussed Item 888. The Board expressed concerns that this particular item would benefit from further analysis. In addition, specific examples and pictures from the field would help illustrate the concept being proposed. Further, a specific provision should address a stream channel that is braided. The overall intent of clarifying the standard is supported but questions about stream character and hydrology remain and should be addressed. The Board then voted 4 – 3 to not recommend approval of this one revision. Staff agreed that additional work on this item is warranted. Consequently, this one item has been pulled from consideration. Staff will endeavor to refine the standard and offer evidence and field data for the Board’s consideration. Staff commits to bringing this item forward expeditiously. If found favorable, this revision will be acted upon when ready, and not held to the annual review cycle. On August 18, 2011, the Planning and Zoning Board considered two additional revisions. These items are: 1. Item 896 slightly revises the language of the Order Of Proceedings At a Public Hearing to provide consistent criteria for both applicant and public testimony, and to provide guidance for the Planning and Zoning Board Chairperson or Hearing Officer to determine relevancy of testimony. 2. Item 897 revises the Preliminary Feedback from City Council Regarding Complex Development Proposals by broadening the criteria by which a developer may bring a project to City Council for a pre-hearing prior to submittal. The Board voted 5 – 0 to recommend approval of these two additional items. These two items are now included in the Ordinance. PUBLIC OUTREACH Public outreach included a meeting with the Chamber of Commerce Legislative Affairs Committee as well as the general notice that accompanies both of the Planning and Zoning Board public hearings. ATTACHMENTS 1. List of Land Use Code Issues 2. Summary report of all the issues 3. Cross-reference of the issues to the Ordinance section numbers 4. Planning and Zoning Board minutes, July 21, 2011 5. Planning and Zoning Board minutes, August 18, 2011 6. Work Session Summary, June 14, 2011 7. Work Session Summary, March 9, 2010 Land Use Code Issues Monday, August 22, 2011 Issue ID# Issue Name 822 Amend 4.27(D)(4)(a) - Employment Zone - Height - to allow a residential structure to be as high, 4 stories, as a non-residential or mixed-use building. 870 Amend 1.6.5(B) to add "or 5,000 square feet" in addition to the 25% threshold at which point an existing use-by-right development can expand before bringing the site up to Code/constructing public 871 Amend 4.6(E) - M-M-N Development Standards - to add the design standards for multi-family buildings that already exist in L-M-N 4.5(E)(4). 872 Amend 3.2.2(L) - Parking Stall Dimensions - to clarify that such dimensions refer to off-street parking areas, not on-street. 873 Amend 3.4.1(D)(1)- Ecological Characterization Study - to codify that the E.C.S. has to be submitted 10 days prior to P.D.P. submittal. 874 Amend 3.5.1(H) - Land Use Transition - to add buffer yards to the list to address residential development in less urban situations. 875 Amend 4.2(D)(1)(a) U-E Density/Intensity - to fix the glitch between maximum allowable density of two units per net acre and the minimum required lot size of one-half acre. 876 Amend 4.2(E)(2)[c] - U-E Cluster Plan - to improve the language about the non-applicability of minimum required lot size within a Cluster Plan. 877 Amend 2.3.2(H) and 2.4.2(H) - O.D.P. and P.D.P. Standards - to nullify the potential of having overlapping submittals. 878 Amend 3.6.2(L) - Private Drives - to add flexibility so that a private drive can be tailored to unique circumstances, upgraded so that it meets urban design objectives and functions like a public or private 880 Amend 2.2.11(D) - Procedures - to mandate a waiting period between a project denial and a re-submittal. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 882 Amend 2.3.2(H)(1) - Overall Development Plan Review Standards - to delete the reference to compliance with M-M-N, C-C, N-C block standards. 883 Amend 2.2.2(A) - Neighborhood Meetings - to establish a minimum of 10 calendar days between the required neighborhood meeting and submittal of plans in order to consider or incorporate citizen input 884 Revise 5.1.2 - Defintion of Development - to remove ambiguity regarding the status of work in the public right-of-way done by the Downtown Development Authority. 885 Amend 3.8.11(D) - Fences - to clarify that the height of a fence is measured from grade as it existed at the time of construction. 887 Amend 2.2.11[C] & (D)(1) - Lapse - to clarify that time validity starts with the expiration of the appeal period for P.D.P. and to clarify that there is no appeal of a Final Plan. 889 Amend 3.4.7[C] - Determination of Landmark Eligibility - to delete the reference to forms being available from the Community Planning and Environmental Services department as it is not regulatory and that department no longer exists. 890 Amend 5.1.2 - Definition of Private Street - to allow such a street to connect to more than one other street. Monday, August 22, 2011 Page 1 of 2 ATTACHMENT 1 Issue ID# Issue Name 891 Amend 4.16(D)(2)[c] - Downtown Building Standards - to replace a diagram, Measurement of Height Limits, for consistency and to improve graphic readability. 892 Amend 4.16(D)(4)(b)2. - Downtown Building Standards - to replace the diagram, Upper Floor Setbacks, to improve clarity and consistency. 895 Amend 3.10.1(A)(B) - Development Standards in the Transit-Oriented Development Overlay Zone - so that the design standards for parking structures would apply to the H-M-N and C-C zones north of 896 Amend 2.2.7[C](2) &(4) - Order of Proceedings at a Public Hearing - to provide consistent criteria for both applicant and public testimony and to provide guidance for the P & Z Chairperson or Hearing Officer to determine the relevancy of testimony. 897 Amend 2.1.2(H) - Preliminary Feedback from City Council Regarding Complex Development Proposals - to liberalize the criteria by which a proposed project may be brought forward to City Council for preliminary feedback prior to submitting a project. Monday, August 22, 2011 Page 2 of 2 Land Use Code Maintenance Process Annotated Issue List 822 Amend 4.27(D)(4)(a) - Employment Zone - Height - to allow a residential structure to be as high, 4 stories, as a non-residential or mixed-use Problem Statement In the Employment Zone, there are two maximum height standards: • Non-residential and mixed-use buildings – four stories • Residential buildings – three stories. The original reasoning behind the 3-story limit may be related to the general idea of the E zone as a district where residential development is a secondary, supporting use. Higher-intensity urban housing may have been envisioned as more appropriate to other zone districts where such housing fits better with zoning purposes, such as the M-M-N zone. Staff, however, finds no clear harm in allowing residential buildings to be 4 stories in the E zone. The main issues are land use and community appearance and design. Land Use. As noted above, residential buildings are a secondary use in the E zone. Once a given piece of land within the Employment zone is approved for residential use, an additional story does not affect the availability of land for primary uses. In other words, there is no opportunity cost or impact on the purposes of the E zone in allowing an additional story of residential use. In addition, it may even be possible for residential units to be built on less land per unit because the additional story would increase the feasibility of locating parking within the structure. Community Appearance and Design. The design implications of a four stories residential building would be the same or better than for non-residential buildings. Residential buildings are more likely to have animating features, articulation, balconies and compatible character in general, with any surrounding residential land uses, which typically generate the sensitivity when juxtaposed with taller buildings. And, such a building would allow for more efficient use of land thus promoting infill Proposed Solution Overview The proposed solution is to amend the standard so that the maximum allowable height for all buildings, regardless of occupancy, would be four stories. Related Code Revisions Ord. Section Code Cite Revision Effect 30 4.27(D)(4)(a) Allows residential buildings to be 4 stories in E. 870 Amend 1.6.5(B) to add "or 5,000 square feet" in addition to the 25% threshold at which point an existing use-by-right development can expand before bringing the site up to Code/constructing public Problem Statement Section 3.8.20(B) of the LUC explains that a proposed addition to a building that was originally constructed as a use-by-right under the previous zoning regulations must comply with the requirements found in Section 1.6.5 of the Code. Section 1.6.5(B) requires that whenever a use-by-right building is proposed to be enlarged by more than 25% of the floor area that existed prior to the adoption of the Monday, August 22, 2011 Page 1 of 13 ATTACHMENT 2 LUC, the entire site must then be brought into compliance with the applicable standards in Articles 3 and 4 of the Code. There has been concern that large existing buildings are allowed to construct very sizeable additions without being required to make upgrades to the site. For example, a 12,500 square foot addition to a 50,000 square foot building could be constructed without the need to make any site upgrades. This results in an addition that can have a significant impact without the ability of the City to improve the safety and aesthetics of the property. Such things as improved pedestrian connections, bike racks, public sidewalks, additional handicap parking spaces, lighting and landscaping would not be addressed. Proposed Solution Overview In order to ensure that additions of a significant size will result in the ability to require beneficial upgrades and amenities consistent with the purposes of the LUC, staff recommends that an addition which increases the floor area by more than 25% OR exceeds 5000 square feet should require that the site be upgraded. Related Code Revisions Ord. Section Code Cite Revision Effect 1 1.6.5(B) Adds a new measure by which older projects must be brought up to Code. 871 Amend 4.6(E) - M-M-N Development Standards - to add the design standards for multi-family buildings that already exist in L-M-N Problem Statement The L-M-N zone already contains design standards for multi-family buildings containing more than eight dwelling units and for multi-family dwellings containing between four and eight dwelling units when three or more stories in height. But, in the M-M-N, there are no building design standards for multi-family housing. There is an indication that C.S.U. desires to keep growing its undergraduate enrollment and yet there is on-campus housing for only approximately 5,000 students. The balance of the student body, therefore, must find off-campus housing within the surrounding community. A significant number of new student housing dwelling units are expected to be located within apartment complexes that are financed, entitled, constructed and managed as large single entities that operate at the national level. There is a risk, therefore, that new student rental housing may end up looking formulaic and prototypical and undifferentiated from other college communities. To keep our community distinctive, adding building design standards to the M-M-N would contribute to the overall quality of our neighborhoods. Proposed Solution Overview The proposed solution is to roll over the existing multi-family building design standards from the L-M-N zone into the M-M-N zone with adjustments that fit the appropriate scale of the allowable density in the M-M-N. Related Code Revisions Ord. Section Code Cite Revision Effect 18 4.6(E) Adds design standards for multi-family buildings in MMN. 872 Amend 3.2.2(L) - Parking Stall Dimensions - to clarify that such dimensions refer to off-street parking areas, not on-street. Problem Statement Monday, August 22, 2011 Page 2 of 13 The opening sentence simply says “parking areas for automobiles…” which could be interpreted to mean all parking areas including both parking lots and along a public street. In fact, this section was always intended to refer solely to off-street parking areas as on-street parking areas are already governed by LCUASS. Proposed Solution Overview The proposed solution is to add the descriptor “off-street” to avoid confusion. Ord. Section Code Cite Revision Effect 9 3.2.2(L) Clarifies that the standard refers only to off-street parking lots. 873 Amend 3.4.1(D)(1)- Ecological Characterization Study - to codify that the E.C.S. has to be submitted 10 days prior to P.D.P. submittal. Problem Statement An E.C.S. is required if the development site contains, or is within 500 feet of, a natural habitat or feature, or the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection. Practically speaking, it makes sense for Staff to receive and evaluate an E.C.S. prior to submittal. Since the E.C.S. may have an impact on site planning, buffer zones, mitigation measures and the like, the review should occur such that its findings can be implemented in a timely manner. Ten working days prior to submittal is considered ample time for Staff to review and evaluate the E.C.S. and matches the condition of zoning of the recently annexed property at the southwest corner of I-25 and Carpenter Road. This code revision was reviewed by City Council at their March 9, 2010 worksession and found favorable. Proposed Solution Overview The proposed solution is add a requirement that an E.C.S. be submitted 10 days prior to a P.D.P. submittal. Related Code Revisions Ord. Section Code Cite Revision Effect 10 3.4.1(D) Codifies submittal timing of E.C.S. 874 Amend 3.5.1(H) - Land Use Transition - to add buffer yards to the list to address residential development in less urban situations. Problem Statement Presently, this section is clear and describes attributes that are oriented to urban environments. For example, the standard cites a number of characteristics that are to be evaluated to promote project compatibility between differing uses including scale, form, materials, colors, hours of operation, lighting, placement of noise generating activities and similar restrictions. The standard is silent, however, where residential projects of varying densities may need a design feature to promote compatibility that is not listed in the standard. For example, where a proposed L-M-N subdivision (minimum of 4.00 dwelling units per net acre) is adjoining an existing or future U-E subdivision (maximum of 2.00 dwelling units per net acre), the use of a buffer yard may be found to be an appropriate design solution. In a less dense residential context, simply responding to the existing attributes in the standard may not be sufficient. As the Growth Management Area begins to fill in, especially in the northeast quadrant of the City, adding “buffer yards” to the Land Use Transition standard would be beneficial for all parties. Monday, August 22, 2011 Page 3 of 13 Proposed Solution Overview The proposed solution is to add Buffer Yards to the standard. Related Code Revisions Ord. Section Code Cite Revision Effect 12 3.5.1(H) Adds buffer yards as a land use transition technique. 875 Amend 4.2(D)(1)(a) U-E Density/Intensity - to fix the glitch between maximum allowable density of two units per net acre and the minimum Problem Statement The problem is that the two density/intensity standards do not work in synchronization. This was not the original intent of these two standards and leads to confusion. When a development proposal complies with the minimum required one-half acre lot size across the entire project, then the NET density will come in over the maximum allowable 2.00 dwelling units per NET acre. This is because the standard, as written, requires that land must be netted out from the gross acreage. Land area that is netted out is typically dedicated to serve the development for a variety of purposes such as streets, fire access, utilities, stormwater conveyance and ponds, common areas, etc. This lowers the acreage which increases density. This results in an applicant either seeking a modification to have a lot(s) come in slightly under one-half acre or seek a modification to come in slightly over 2.00 dwelling units per NET acre. In other words, complying with both one-half acre lot sizes and coming in at no higher than 2.00 dwelling units per NET acre is nearly impossible to accomplish. Currently, the two standards would require at least one lot to sufficiently exceed one- half acre in size to compensate for the loss of acreage due to netting out land. The effect is that the required minimum lot size of one-half acre is not really accurate in a defacto sense if a compensating lot is needed to achieve compliance. Or, the applicant would be obligated to seek a Modification to either the minimum lot size or the overall average density. As an example, let’s assume we have a parcel of land consisting of two gross acres. Simple arithmetic would allow a maximum of four units. This would be calculated at 2.00 dwelling units per GROSS acre. But, since land must be netted out to serve these four lots for a variety of purposes, as mentioned, this lowers the acreage which increases density. In the above example, if .25 acre is netted out, then the gross acreage is reduced to 1.75 net acres. With four lots, the resulting overall average density would increase to 2.28 Proposed Solution Overview The proposed revision would be to determine density in the U-E zone based on gross acreage versus net acreage. Related Code Revisions Ord. Section Code Cite Revision Effect 16 4.2(D)(1)(a) Allows the maximum density to work with required minimum lot size. Monday, August 22, 2011 Page 4 of 13 876 Amend 4.2(E)(2)[c] - U-E Cluster Plan - to improve the language about the non-applicability of minimum required lot size within a Cluster Problem Statement The standard states that the minimum lot size in the U-E of one-half acre may be waived by the Planning and Zoning Board for a Cluster Plan. In fact, the minimum lot size simply does not apply and no waiver is necessary. Proposed Solution Overview The solution is to clarify that there is no waiver per se and that the required minimum lot size is not applicable. Related Code Revisions Ord. Section Code Cite Revision Effect 17 4.2(E)(2)(c) Clarifies that a waiver is not needed for smaller lots within the Cluster Plan. 877 Amend 2.3.2(H) and 2.4.2(H) - O.D.P. and P.D.P. Standards - to nullify the potential of having overlapping submittals. Problem Statement The code allows for the concurrent submittal of an O.D.P. and a first phase P.D.P. This requires a proper sequence in that the O.D.P. must be considered and approved prior to consideration of the P.D.P. The problem is a decision by the P & Z Board on the O.D.P. may be appealed to City Council and that it often takes several weeks for such an appeal to make it onto Council’s agenda. During the period between the P & Z decision and the City Council Appeal hearing, however, the P.D.P. is held in abeyance. But, the code does not address what level of planning activity may be associated with this P.D.P. during this timeframe. This leads to confusion as to the status of the P.D.P. and what may or may not be appropriate with regard to the further processing of the P.D.P. Proposed Solution Overview The proposed revision is intended to address this void by clearly stating that no action (neighborhood meeting, conceptual review, preliminary design review, stand- alone Request for Modification or formal re-submittal of plans) may occur. This quiet period is intended to provide City Council, and all other parties-in-interest, with clear and unambiguous record by which to consider an appeal of the O.D.P. Only after Council takes action on the Appeal of the O.D.P. may further planning activity take place on the P.D.P. Related Code Revisions Ord. Section Code Cite Revision Effect 7 2.3.2(H) There can be no overlapping submittals of an O.D.P. 8 2.4.2(H) There can be no overlapping submittals of a P.D.P. 878 Amend 3.6.2(L) - Private Drives - to add flexibility so that a private drive can be tailored to unique circumstances, upgraded so that it meets urban design objectives and functions like a public or private street. Problem Statement The Land Use Code and LCUASS identify three kinds of roadways: Public Street - LCUASS Monday, August 22, 2011 Page 5 of 13 Private Street - privately owned but constructed to LCUASS Private Drive – parking lot drive aisles and parking lots There may be circumstances where a public street may not always be necessary to serve a development project, or a portion of a development project. But, practically, we are not seeing the use of the private street and the private drive may be inadequate. This is primarily due to the reality that if a private street is constructed to LCUASS level, then in all likelihood, it will become a fully dedicated public street. There may be circumstances where a private street may have some benefit. But since a private street is rarely used, the upgrading of a private drive may be appropriate. The use of private drives has a place in the future development of our City. For example, two recent projects, Front Range Village (Council Tree - private drive) and Caribou Apartments (private street) are examples where private drives and streets fulfill a role in the community street network. There are sections of the Code that call for public or private streets in order to meet urban design objectives. Presently, the Code does not allow an upgraded, street-like private drive to accomplish these objectives. Proposed Solution Overview The proposed solution is to amend Section 3.6.2(L) to allow for an upgraded, street- Related Code Revisions Ord. Section Code Cite Revision Effect 13 3.6.2(L) Adds Street-Like Private Drive as an option by which to provide access. 32 5.1.2 Adds a definition of a Street-Like Private Drive. 880 Amend 2.2.11(D) - Procedures - to mandate a waiting period between a project denial and a re-submittal. Problem Statement As an increasing amount of development is infill development, there will be more existing conditions to address. One of the existing conditions is the existing neighbors/neighborhoods that are potentially impacted. During a long development process, neighbors in our community are actively engaged, which takes time and energy to stay involved in and participate in the public outreach and hearing processes. In an effort to prevent a continual development review and public outreach/public meeting process upon a neighborhood/interested parties and provide the opportunity for more thoughtful design and incorporation of mitigation measures, Staff is proposing no application for a development plan or rezoning shall be accepted by the City within six (6) months following a final decision on a prior development plan or rezoning application relating to all or any portion of that same property. This provision is intended to run with the land, not any particular applicant. A “final decision” shall mean: For Project Development Plans: 1. Denial of the Project Development Plan by the Planning and Zoning Board or Hearing Officer without an appeal to the City Council; Monday, August 22, 2011 Page 6 of 13 2. Denial by the City Council in the event of an appeal; For Rezoning Applications: 1. Withdrawal of the rezoning application occurring after the Planning and Zoning Board action. 2. A vote by the City Council denying the rezoning ordinance. Staff submits that this period preventing applications to be submitted will address the issues stated above. Proposed Solution Overview The solution is to establish a six-month delay period after a project is denied. Related Code Revisions Ord. Section Code Cite Revision Effect 6 2.2.11(D) Establishes a post denial delay period. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County Problem Statement In 2004, the Current Planning Department, in conjunction with an architectural consultant, undertook a public process to evaluate the policies related to the construction of detached dwelling units in the back yards of lots served by existing alleys. This effort built upon the existing body of work that was done in 1996 which resulted in recommended design guidelines. Known as alley houses or carriage houses, these dwellings proved to be controversial due to their design, size, height, increased traffic in alleys and the impact on privacy for adjoining properties. The 2004 process resulted in defining two distinct uses, each with their own set of unique characteristics. 1. Detached dwelling unit, solely or in combination with a garage, and codified as a Carriage House. 2. Detached structure with water or sewer services, solely or in combination with a garage - but not a dwelling unit. This is now known as an Accessory Building with Habitable Space and is typically used for a workshop, recreation room, studio or home office. What separates this from a regular garage is that there is a water fixture (sink, water line, toilet, hose bib). The relationship between the habitable space and the garage can be either over-under or side-by-side. Or, as mentioned, the building can stand alone without being attached to a garage. In all three zones, and in response to the concern about Carriage Houses, Accessory Buildings with Habitable Space were deemed to rise to the level of needing to be subject to Administrative (Type One) review. This process requirement was intended to address concerns expressed about the past and potential illegal conversions of to dwelling units. Since 2004, there have not been any appeals for Accessory Buildings with Habitable Space. The public hearings have revealed that attendance at these hearings is extremely light and seldom include opposition. For those who do attend the Type One public hearing, staff has observed that their primary concern was to ensure that the new structure would not evolve into a residence. Monday, August 22, 2011 Page 7 of 13 regarding dwelling unit prohibition. Staff finds that the current requirement for a Type One hearing for Accessory Buildings with Habitable Space is an example of over-process as it is labor intensive for an applicant and inefficient from a staff and city resource perspective. Staff is not proposing to modify the Type One hearing process for Carriage Houses. Rather, with regard to bringing water or sewer services to an accessory building, the public can be served by an available alternative which will also ensure that adding such services is not for a residential unit while eliminating the need to process as a Type One. Proposed Solution Overview Staff proposes eliminating the requirement for a Type One hearing for a water or sewer fixture in a building containing habitable space within the N-C-L, N-C-M and N-C-B zoning districts and proposes instead to move the use to a B.D.R. and require an affidavit be signed by the owner indicating that the water or sewer fixture is for a non- residential unit – simply for habitable space; recording the affidavit and conditioning the building permit accordingly. Related Code Revisions Ord. Section Code Cite Revision Effect 19 4.7(B)(1)(b) Moves the use to a B.D.R. in the N-C-L. 20 4.7(B)(2)[c] Move the use out of the Type One in the N-C-L. 21 4.7(D)(3) Requires an affidavit to be recorded in the N-C-L. 22 4.8(B)(1)(d) Moves the use to a B.D.R. in th N-C-M. 23 4.8(B)(2)[c] Moves the use out of the Type One in the N-C-M. 24 4.8(D) Requires an affidavit in the N-C-M. 25 4.9(B)(1)(d) Moves the use to B.D.R. in the N-C-B. 26 4.9(B)(2)(d) Moves the use out of Type One in the N-C-B. 27 4.9(D)(3) Requires an affidavit in the N-C-B. 882 Amend 2.3.2(H)(1) - Overall Development Plan Review Standards - to delete the reference to compliance with M-M-N, C-C, N-C block Problem Statement Here are the block requirements for all three zones: Block structure. Development shall consist of a series of complete blocks bounded by streets (public or private). Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block. Block size. All blocks shall be limited to a maximum size of seven (7) acres. In the C-C and N-C, blocks containing supermarkets shall be limited to 10 acres. Minimum building frontage. Forty (40) percent of each block side or fifty (50) percent of the block faces of the total block shall consist of either building frontage, plazas or other functional open space. (The block requirement may be waived if compliance is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature.) The problem is that the block features may not be knowable at the time of the O.D.P. For example, the City’s Master Street Plan is calibrated for arterial and collector streets only. The number and pattern of local streets (public or private), therefore, is deferred to the Project Development Plan phase. Similarly, the size of the block, which may be formed by local streets, may not be ascertained at the O.D.P. level. Finally, the number of buildings, and their exact locations, may not be specifically Monday, August 22, 2011 Page 8 of 13 standards. determined with sufficient accuracy until the P.D.P. phase. As presently stated, the standard calls for a level of review that is found to be more appropriate for the Project Development Plan versus the Overall Development Plan. The proposed revision does not dilute the block standards. Rather the standards are simple deferred to the proper venue. Proposed Solution Overview The proposed solution is to delete the reference to compliance with block standards in three zones from the requirements for an O.D.P. Related Code Revisions Ord. Section Code Cite Revision Effect 7 2.3.2(H)(1) Removes requirement for compliance with block standards for O.D.P.'s in M-M-N, C-C and N-C zones. 883 Amend 2.2.2(A) - Neighborhood Meetings - to establish a minimum of 10 calendar days between the required neighborhood meeting and submittal of plans in order to consider or incorporate citizen input into the plan. Problem Statement There is a concern that applicants have been compressing their schedules at the expense of taking the time to properly consider or incorporate the input derived from the neighborhood meeting. This diminishes the importance of the neighborhood meeting process. In order to address this issue, a five day mandatory interval between the neighborhood meeting and submittal of plans is needed. Proposed Solution Overview The proposed solution is to require a minimum of five calendar days between the neighborhood meeting and submittal. This would have the effect of pushing the submittal into the following week allowing sufficient time to incorporate comments from those attending the neighborhood information meeting. Related Code Revisions Ord. Section Code Cite Revision Effect 3 2.2.2(A) Establishes ten days between neighborhood meeting and submittal. 884 Revise 5.1.2 - Defintion of Development - to remove ambiguity regarding the status of work in the public right-of-way done by the Downtown Problem Statement The definition of Development contains two sections. The first section describes what Development is and the second describes what Development is not. In the second section, there is ambiguity as to the status of capital improvement work done by the City or the Downtown Development Authority. The D.D.A. is sponsoring an ongoing alley improvement project within their jurisdiction but the definition of Development does not specifically exempt them from the development review process. Both the City and D.D.A. have expressed an interest in continuing the alley improvement program and would like to put the D.D.A. on par with the City of Fort Collins. Just as the City’s capital improvement projects do not go through the formal development review process, so too would D.D.A.’s alley improvement project. (Note that all capital improvement projects are reviewed by all affected departments and utilities and outside utility providers, but not taken through Monday, August 22, 2011 Page 9 of 13 Development Authority. a public hearing process.) Proposed Solution Overview The proposed solution is to exempt the City and the D.D.A. from the formal development review process. As proposed, work by D.D.A. would still have to be approved by the City and geographically restricted to their service territory. Related Code Revisions Ord. Section Code Cite Revision Effect 31 5.1.2 Clarifies the definition of Development. 885 Amend 3.8.11(D) - Fences - to clarify that the height of a fence is measured from grade as it existed at the time of construction. Problem Statement The height of a fence is currently measured from the original finished grade of the lot directly under the fence. This is problematic because it is difficult, if not impossible in some cases, to determine where the grade was many years ago when the lot was first created. It is more realistic to expect that the height of a fence should be measured from the finished grade of the lot that existed at the time a fence was constructed, rather than guessing where the grade might have been 100 years earlier. Proposed Solution Overview In order to facilitate enforcement of our fence regulations and to create a regulation that is sensible and can be easily understood by fence contractors and occupants of dwellings, finished grade shall be defined as such grade that existing at the time of Related Code Revisions Ord. Section Code Cite Revision Effect 14 3.8.11(D) Clarifies how to establish grade for measuring fence height. 887 Amend 2.2.11[C] & (D)(1) - Lapse - to clarify that time validity starts with the expiration of the appeal period for P.D.P. and to clarify that Problem Statement The two standards need to be clarified. The first, referring to the Project Development Plan and Plat, fails to account for period of time should there be an appeal to Council. The second, referring to the Final Plan and Final Plat and other site specific development plans (as defined) mistakenly accounts for a period of time for an appeal to Council because these plans are not subject to appeal. Proposed Solution Overview The proposed solution is to add in the time for an appeal for the former and delete the reference to the appeal period for the latter. Related Code Revisions Ord. Section Code Cite Revision Effect 5 2.2.11[C] Adds in the time period if there is an appeal to Council. 6 2.2.11(D) Deletes the time period for an appeal to Council. 889 Amend 3.4.7[C] - Determination of Landmark Eligibility - to delete the reference to forms being available from the Community Planning and Environmental Services department as it is not regulatory and that Monday, August 22, 2011 Page 10 of 13 department no longer exists. Problem Statement As written, the standard contains a reference as to where to obtain a certain form. There are numerous other forms associated with a wide variety of activities related to items in the Land Use Code but there are no corresponding references in the actual code language. Since the reference to a form is not regulatory, it should be deleted from the Code. Finally, with the passage of time, references to certain department names run the risk of becoming obsolete as is the case with this standard. Proposed Solution Overview The revision is to strike the reference. Related Code Revisions Ord. Section Code Cite Revision Effect 11 3.4.7[C] Strikes unnecessary and obsolete language. 890 Amend 5.1.2 - Definition of Private Street - to allow such a street to connect to more than one other street. Problem Statement The problem is that the definition, as written, is too limiting by stipulating that a private street can intersect or connect with only one other street. The result is that such a street would, in effect, be a cul-de-sac or stub street. Other practical applications, such as a loop street, would not be allowed. Other circumstances may warrant the use of Private Street where the long term ownership and maintenance of a public street may not be desired. Since a Private Street must be constructed to the same standards as a public street, there is no risk to structural integrity, functionality or public safety. Finally, a definition cannot be modified so the use of a Private Street has proven to be extremely rare even though there is a place for a Private Street in the Proposed Solution Overview The proposed revision would delete the reference to connecting with only one other Related Code Revisions Ord. Section Code Cite Revision Effect 33 5.1.2 Broadens the ability to use a private street. 891 Amend 4.16(D)(2)[c] - Downtown Building Standards - to replace a diagram, Measurement of Height Limits, for consistency and to improve Problem Statement The existing diagram, labeled as Figure 18.6, is not clear nor graphically consistent with the height standards in the Downtown zone – Canyon Avenue and Civic Center Sub Districts. Proposed Solution Overview Revise the diagram by replacing the hand-drawn sketch in Figure 18.6 with a new Related Code Revisions Ord. Section Code Cite Revision Effect 28 4.16(D)(2)[c] Improves the diagram that illustrates the standard. 892 Amend 4.16(D)(4)(b)2. - Downtown Building Standards - to replace the diagram, Upper Floor Setbacks, to improve clarity and consistency. Problem Statement Monday, August 22, 2011 Page 11 of 13 First, the existing graphic contains some incorrect labeling referring to setbacks being ¼ of the building height. These faulty labels date back to a draft concept that was not carried forward when the standards were originally developed and adopted in 2006. Second, the hand-drawn graphic is not as clear and graphically consistent with the Downtown Zoning District as the proposed replacement. Third, the graphic has a caption instead of a Figure number and title, and the caption is inconsistent with the Land Use Code format. Proposed Solution Overview Revise the diagram to improve the illustrative intent of the standard. Related Code Revisions Ord. Section Code Cite Revision Effect 29 4.16(D)(4)(b)(2) Improves the diagram that illustrates the standard. 895 Amend 3.10.1(A)(B) - Development Standards in the Transit-Oriented Development Overlay Zone - so that the design standards for parking structures would apply to the H-M-N and C-C zones north of Prospect Problem Statement The development standards for the TOD, including the standards for parking structures, were adopted in 2007 and are applicable only to parcels south of Prospect Road. This was done on the theory that parcels north of Prospect Road were in zone districts where principles of new urbanism were already sufficiently codified. The problem is that, with respect to parking structures, there are no existing standards in two of the zone districts covered by the TOD north of Prospect Road. These are the H-M-N, High Density Mixed-Use Neighborhood and the C-C, Community Commercial zones both of which are facing development pressure for large-scale multi- family projects and where parking structures are contemplated to make the most efficient use of land. Note that there are existing parking structure standards in the D, Downtown zone. Proposed Solution Overview The proposed solution is to amend the applicability and purpose sections of the TOD standards to indicate that there would be an exception for the H-M-N and C-C zone districts, both of which are north of Prospect Road, such that the parking structure standards would indeed apply. Related Code Revisions Ord. Section Code Cite Revision Effect 15 3.10.1(A)(B) Adds design standards for parking structures in T.O.D. - H- M-N and C-C zones. 896 Amend 2.2.7[C](2) &(4) - Order of Proceedings at a Public Hearing - to provide consistent criteria for both applicant and public testimony and to provide guidance for the P & Z Chairperson or Hearing Officer to Problem Statement Presently the Code contains slightly different criteria for the applicant presentation and public testimony, and contains no guidance regarding the ability of the chair to determine relevance of testimony. The inconsistency is inadvertent. With guidance as to relevancy of testimony, the P & Z Chair or Hearing Officer will be able to better determine relevant testimony which mirrors existing law. Proposed Solution Overview The proposed changes would address this disparity and address the relevance issue affording the Chair or Hearing Officer the opportunity to decide whether testimony is Monday, August 22, 2011 Page 12 of 13 determine the relevancy of testimony. or is not relevant. Related Code Revisions Ord. Section Code Cite Revision Effect 4 2.2.7[C](2)(4) Provides consistency and allows Chair/H.O. to rule on relevancy. 897 Amend 2.1.2(H) - Preliminary Feedback from City Council Regarding Complex Development Proposals - to liberalize the criteria by which a proposed project may be brought forward to City Council for preliminary Problem Statement As written, the Code limits the nature of a pre-hearing in front of Council to legislative matters only such as an annexation petition or an amendment to the city’s Comprehensive Plan. This may be considered too limiting as Council may desire to hold a pre-hearing on a wider range of possible actions than just legislative. Proposed Solution Overview The proposed solution is to broaden the criteria for a Counci pre-hearing by allowing any potential project that may need a formal action action by Council versus simply legislative action. But, the revision would also include two qualifiers that any such eligible project not be the subject of a future appeal and that the City Manager must find that the project be found to have a community-wide impact. The first qualifier addresses the potential of the project being heard by Council at a pre-hearing and then Council possibly acting as a quasi-judicial body in the event of an appeal. This is remedied by not allowing a pre-hearing for any project that may appealed to City Council in a quasi-judicial format. The second qualifier addresses the potential over-use of the pre-hearing process. This is remedied by adding a qualifier that for projects applying for a pre-hearing, the City Manager must first determine that the project is a matter of community-wide impact. Related Code Revisions Ord. Section Code Cite Revision Effect 2 2.2.2(H) Broadens criteria for Council pre-hearing. Monday, August 22, 2011 Page 13 of 13 Land Use Code Revisions Annotated Ordinance Index Ord. Section # Code Revision Effect Issue 1 1.6.5(B) Adds a new measure by which older projects must be 870 Amend 1.6.5(B) to add "or 5,000 square feet" in brought up to Code. addition to the 25% threshold at which point an existing use-by-right development can expand before bringing the site up to Code/constructing public improvements. 2 2.2.2(H) Broadens criteria for Council pre-hearing. 897 Amend 2.1.2(H) - Preliminary Feedback from City Council Regarding Complex Development Proposals - to liberalize the criteria by which a proposed project may be brought forward to City Council for preliminary feedback prior to submitting a project. 3 2.2.2(A) Establishes ten days between neighborhood meeting and 883 Amend 2.2.2(A) - Neighborhood Meetings - to submittal. establish a minimum of 10 calendar days between the required neighborhood meeting and submittal of plans in order to consider or incorporate citizen input into the plan. 4 2.2.7[C](2)(4) Provides consistency and allows Chair/H.O. to rule on 896 Amend 2.2.7[C](2) &(4) - Order of Proceedings at a relevancy. Public Hearing - to provide consistent criteria for both applicant and public testimony and to provide guidance for the P & Z Chairperson or Hearing Officer to determine the relevancy of testimony. 5 2.2.11[C] Adds in the time period if there is an appeal to Council. 887 Amend 2.2.11[C] & (D)(1) - Lapse - to clarify that time validity starts with the expiration of the appeal period for P.D.P. and to clarify that there is no appeal of a Final Plan. 6 2.2.11(D) Establishes a post denial delay period. 880 Amend 2.2.11(D) - Procedures - to mandate a waiting period between a project denial and a re-submittal. 6 2.2.11(D) Deletes the time period for an appeal to Council. 887 Amend 2.2.11[C] & (D)(1) - Lapse - to clarify that time validity starts with the expiration of the appeal period for P.D.P. and to clarify that there is no appeal of a Final Plan. 7 2.3.2(H) There can be no overlapping submittals of an O.D.P. 877 Amend 2.3.2(H) and 2.4.2(H) - O.D.P. and P.D.P. Standards - to nullify the potential of having overlapping submittals. Monday, August 22, 2011 Page 1 of 4 ATTACHMENT 3 Ord. Section # Code Revision Effect Issue 7 2.3.2(H)(1) Removes requirement for compliance with block standards 882 Amend 2.3.2(H)(1) - Overall Development Plan Review for O.D.P.'s in M-M-N, C-C and N-C zones. Standards - to delete the reference to compliance with M-M-N, C-C, N-C block standards. 8 2.4.2(H) There can be no overlapping submittals of a P.D.P. 877 Amend 2.3.2(H) and 2.4.2(H) - O.D.P. and P.D.P. Standards - to nullify the potential of having overlapping submittals. 9 3.2.2(L) Clarifies that the standard refers only to off-street parking 872 Amend 3.2.2(L) - Parking Stall Dimensions - to clarify lots. that such dimensions refer to off-street parking areas, not on-street. 10 3.4.1(D) Codifies submittal timing of E.C.S. 873 Amend 3.4.1(D)(1)- Ecological Characterization Study - to codify that the E.C.S. has to be submitted 10 days prior to P.D.P. submittal. 11 3.4.7[C] Strikes unnecessary and obsolete language. 889 Amend 3.4.7[C] - Determination of Landmark Eligibility - to delete the reference to forms being available from the Community Planning and Environmental Services department as it is not regulatory and that department no longer exists. 12 3.5.1(H) Adds buffer yards as a land use transition technique. 874 Amend 3.5.1(H) - Land Use Transition - to add buffer yards to the list to address residential development in less urban situations. 13 3.6.2(L) Adds Street-Like Private Drive as an option by which to 878 Amend 3.6.2(L) - Private Drives - to add flexibility so provide access. that a private drive can be tailored to unique circumstances, upgraded so that it meets urban design objectives and functions like a public or private street. 14 3.8.11(D) Clarifies how to establish grade for measuring fence 885 Amend 3.8.11(D) - Fences - to clarify that the height of a fence is measured from grade as it existed at the time of construction. 15 3.10.1(A)(B) Adds design standards for parking structures in T.O.D. - 895 Amend 3.10.1(A)(B) - Development Standards in the H-M-N and C-C zones. Transit-Oriented Development Overlay Zone - so that the design standards for parking structures would apply to the H-M-N and C-C zones north of Prospect Road. 16 4.2(D)(1)(a) Allows the maximum density to work with required 875 Amend 4.2(D)(1)(a) U-E Density/Intensity - to fix the minimum lot size. glitch between maximum allowable density of two units per net acre and the minimum required lot size of one-half acre. Monday, August 22, 2011 Page 2 of 4 Ord. Section # Code Revision Effect Issue 17 4.2(E)(2)(c) Clarifies that a waiver is not needed for smaller lots within 876 Amend 4.2(E)(2)[c] - U-E Cluster Plan - to improve the the Cluster Plan. language about the non-applicability of minimum required lot size within a Cluster Plan. 18 4.6(E) Adds design standards for multi-family buildings in 871 Amend 4.6(E) - M-M-N Development Standards - to add the design standards for multi-family buildings that already exist in L-M-N 4.5(E)(4). 19 4.7(B)(1)(b) Moves the use to a B.D.R. in the N-C-L. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 20 4.7(B)(2)[c] Move the use out of the Type One in the N-C-L. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 21 4.7(D)(3) Requires an affidavit to be recorded in the N-C-L. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 22 4.8(B)(1)(d) Moves the use to a B.D.R. in th N-C-M. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 23 4.8(B)(2)[c] Moves the use out of the Type One in the N-C-M. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 24 4.8(D) Requires an affidavit in the N-C-M. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. Monday, August 22, 2011 Page 3 of 4 Ord. Section # Code Revision Effect Issue 25 4.9(B)(1)(d) Moves the use to B.D.R. in the N-C-B. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 26 4.9(B)(2)(d) Moves the use out of Type One in the N-C-B. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 27 4.9(D)(3) Requires an affidavit in the N-C-B. 881 Amend 4.7, 4.8 and 4.9 - Accessory Buildings with Habitable Space - in NCL, NCM and NCB - to move from Type One review to Basic Development Review (B.D.R.) with affadavit to be recorded at County regarding dwelling unit prohibition. 28 4.16(D)(2)[c] Improves the diagram that illustrates the standard. 891 Amend 4.16(D)(2)[c] - Downtown Building Standards - to replace a diagram, Measurement of Height Limits, for consistency and to improve graphic readability. 29 4.16(D)(4)(b)(2) Improves the diagram that illustrates the standard. 892 Amend 4.16(D)(4)(b)2. - Downtown Building Standards - to replace the diagram, Upper Floor Setbacks, to improve clarity and consistency. 30 4.27(D)(4)(a) Allows residential buildings to be 4 stories in E. 822 Amend 4.27(D)(4)(a) - Employment Zone - Height - to allow a residential structure to be as high, 4 stories, as a non-residential or mixed-use building. 31 5.1.2 Clarifies the definition of Development. 884 Revise 5.1.2 - Defintion of Development - to remove ambiguity regarding the status of work in the public right-of-way done by the Downtown Development Authority. 32 5.1.2 Adds a definition of a Street-Like Private Drive. 878 Amend 3.6.2(L) - Private Drives - to add flexibility so that a private drive can be tailored to unique circumstances, upgraded so that it meets urban design objectives and functions like a public or private street. 33 5.1.2 Broadens the ability to use a private street. 890 Amend 5.1.2 - Definition of Private Street - to allow such a street to connect to more than one other street. Monday, August 22, 2011 Page 4 of 4 Planning and Zoning Board Minutes August 18, 2011 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Steve Dush Chair: William Stockover Phone: (H) 482-7994 Chair Stockover called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hatfield, Schmidt, Smith, and Stockover Excused Absences Campana and Lingle Staff Present: Dush, Daggett, Shepard, and Sanchez-Sprague Agenda Review Director Dush reviewed the agenda. Citizen participation: Joann Kissen of the League of Women Voters of Larimer County is a member of their Observer Corp. League members volunteer to observe the meetings of various boards and commissions of the county or the cities of Ft. Collins, Loveland and Berthoud. She plans to be an observer for a few of the Planning & Zoning Board’s hearings. She knows the Board deals with a number of important community issues and she said she’s just there to get information she’ll take back to their members. Chair Stockover asked if the Board was ready to act on the Consent Agenda as proposed. Consent Agenda: 1. Minutes for the July 21, 2011 Planning & Zoning Board Hearings Member Schmidt made a motion to approve the Consent Agenda which consists of the July 21, 2011 Hearing minutes. Member Smith seconded the motion. The motion was approved 5:0. Discussion Agenda: 2. 2011 Annual Revisions, Clarifications and Additions to the Land Use Code _______ Project: 2011 Annual Revisions, Clarifications and Additions to the Land Use Code Project Description: This is a request for a Recommendation to City Council regarding the 2011 annual update to the Land Use Code. There are two new proposed revisions since the Board considered the annual update at their meeting in July. The first slightly revises the order of proceedings at a public hearing by allowing the Chair or Hearing Officer to determine relevancy of testimony. The second revises the criteria by which a developer may bring a project to City Council under the pre- hearing format. ATTACHMENT 5 Planning & Zoning Board August 18, 2011 Page 2 Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Chief Planner Ted Shepard said this is a request for a Recommendation to City Council regarding the 2011 annual update to the Land Use Code. There are two proposed revisions since the Board considered the annual update at their meeting in July. The first slightly revises the order of proceedings at a public hearing by allowing the Chair or Hearing Officer to determine relevancy of testimony—that language is added for consistency. The second revises the criteria by which a developer may bring a project to City Council under the pre-hearing format. The two proposed revisions will be forwarded into the larger annual update and taken to City Council on September 6, 2011. Shepard also referred to a memo dated August 18, 2011 from him regarding changes made to Item 897—the pre-hearing change. It makes the language a little more explanatory and less open-ended. He referred to the proposed ordinance language and explained the changes for tonight are in all caps with yellow highlights whereas the changes previously recommended have only yellow highlights. Member Schmidt asked if there were any changes to the Item 896 from the version they saw at work session. Shepard said no. Public Input None Board Discussion Chair Stockover said the Board spent time reviewing the items at their work session and that there had been good discussion. Member Schmidt asked about the current process for a pre-hearing application. Shepard said the application is filed with the City Clerk’s Office with the City Manager reviewing all agendas for City Council. Schmidt asked if the City Manager will make the determination whether it’s a community wide need. Shepard said yes. Member Lingle asked if the ordinance language is coming from the City Attorney’s office or the City Manager’s office. Shepard said both. Lingle asked if there was a need to determine any criteria for what a community wide impact is. Shepard said the thinking is by leaving it “as is” would give the proper amount of discretion needed by the City Manager. Chair Stockover said there have been only two pre-hearings before City Council to date. Shepard said that’s correct—North College Marketplace and Riverwalk Annexation. Stockover asked if Council adopts it and then decided that it could have been too lenient or too hard; could we revisit it in an annual review of Land Use Code changes. Shepard said yes and added there is also the ability to make a code change outside the normal annual update process as seen by the Board’s recommendation to adopt sub-area plans or Plan Fort Collins. Stockover said what he’s thinking is there is a pretty high level of anxiety that this change might upset the apple cart and the process that has worked so well to date. On the flip side, however, he said it’s so rarely used and fills a need. He would be in support knowing that if appropriate, it can be changed. In fact, he said he would be in support of both items. Member Smith said with the addition of the language of not allowing for pre-hearing when City Council might hear an appeal makes sense and he’ll support it. Planning & Zoning Board August 18, 2011 Page 3 Member Schmidt said she had some issues when the Board first discussed the public notification that went with this change. She asked if it is covered where it says all pre-application hearings will be held in accordance with the provisions contained in Steps 6, 7(B) and 7(C) of the Common Development Review Procedures. Shepard said that would remain the same. Schmidt said initially she understood a notice would be posted at City Hall. Shepard said it would be more than that—under Section 6 there is a requirement for mailed notice and posted notice. Schmidt said it appears to be the same notice of any other hearing. Shepard said correct. Shepard said Steps 7 (B) and (C) relate to conduct of the public hearing. Member Schmidt asked if something is going to be of community wide impact how you would determine the notification area. Dush said it would be related to the project site in accordance with that Section and the size of the project. Shepard said Step 6 talks about the number of single family detached units, number of multi-family units, square footage of non-residential and various thresholds. Shepard said if thresholds are below a certain number than you have an 800 foot notification area. If they’re over another threshold, you have a 1000 foot notification area. Shepard said the community wide impact does not refer to notice. Member Lingle moved for recommendation of approval of the 2011 Annual Revisions, Clarifications and Addition to the Land Use Code consisting of items 896 and 897 in accordance with the revised language as stipulated in the memorandum dated August 18, 2011. Member Carpenter seconded the motion. Member Schmidt asked if it should state as listed in the memo dated August 18 from Chief Planner Ted Shepard. Director Dush said to make that it clear, it would be a good idea. Members Lingle and Carpenter agreed and that language was added above. The motion was approved 5:0. Other Business: None Meeting adjourned at 6:15 p.m. Steve Dush, CDNS Director Butch Stockover, Chair ATTACHMENT 7 1 ORDINANCE NO. 120, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments 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 Section 1.6.5(B) of the Land Use Code is hereby amended to read as follows: (B) Where a proposed building is proposed to be enlarged, expanded or added by more thanaddition exceeds five thousand (5,000) square feet or twenty- five (25) percent of the gross floor area of such building as it existed on March 27, 1997, whichever results in the least amount of square footage, the building and the parcel of ground upon which the building is located shall be brought into compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Land Use Code, to the extent reasonably feasible. Any new structure that is added to said parcel of ground shall also comply with the applicable general development standards and district standards referenced above. Section 2. That Section 2.1.2(H) of the Land Use Code is hereby amended to read as follows: . . . 2 (H) Is it possible to receive preliminary feedback from the City Council regarding complex development proposals? WhenIf an application for approval of a development plan also entails theCity Council approval of an annexation petition, or an amendment to the city's Comprehensive Plan, or some other kind of legislativeformal action by the City Council, other than a possible appeal under this Land Use Code, and if a land development or renewal project is determined by the City Manager to be of community- wide impact, the applicant for such approval may request that the City Council conduct a hearing for the purpose of receiving preliminary com- ments from the City Council regarding the applicant's overall proposal in order to assist the developer in determining whether to file a development application or annexation petition. However, if the only legislative action involved in the proposal is a possible financial partnership with the city or the provision of some financial incentive to the applicant from the city, the City Manager must agree that the proposed partnership or financial incentive warrants Council consideration in order for a hearing before the Council to be scheduled. All pre-application hearings scheduled by the City Manager under this provision will be held in accordance with the provisions contained in Steps 6, 7(B) and 7(C) of the Common Development Review Procedures, except that the signs required to be posted under Step 6(B) shall be posted subsequent to the scheduling of the hearing and not less than fourteen (14) days prior to the date of the hearing. At the time of requesting the hearing, the applicant must advance the city's estimated costs of providing notice of the hearing. Any amounts paid that exceed actual costs will be refunded to the applicant. At the conclusion of the hearing, members of the City Council may, but shall not be required to, comment on the proposal. Any comment, suggestion or recommendation made by any Councilmember with regard to the proposal does not bind or otherwise obligate any City decision maker to any course of conduct or decision pertaining to the proposal. Only one (1) such hearing may be requested. . . . Section 3. That Section 2.2.2(A) of the Land Use Code is hereby amended to read as follows: 2.2.2 Step 2: Neighborhood Meetings (A) Purpose. In order to facilitate citizen participation early in the development review process, the city shall require a neighborhood meeting between citizens of area neighborhoods, applicants and the Director for any development proposal that is subject to P&Z review unless the Director determines that the development proposal would not have significant neighborhood impact. Citizens are urged to attend and actively participate in these meetings. The purpose of the neighborhood meeting is for such development applications to be presented to citizens of area neighborhoods and for the citizens to identify, list and discuss issues related to the 3 development proposal. Working jointly with staff and the applicant, citizens help seek solutions for these issues. Neighborhood meetings are held during the conceptual planning stage of the proposal so that neighborhoods may give input on the proposal before time and effort have been expended by the applicant to submit a formal development application to the city. At least ten (10) calendar days shall have passed between the date of the neighborhood meeting and the submittal to the City of the application for development approval for the project that was the subject of the neighborhood meeting. Section 4. That Section 2.2.7(C) of the Land Use Code is hereby amended to read as follows: (C) Order of Proceedings at Public Hearing. The order of the proceedings at the public hearing shall be as follows: (1) Staff Report Presented. The Director shall present a narrative and/or graphic description of the development application. The Director shall present a Staff Report which includes a written recommendation. This recommendation shall address each standard required to be considered by this Land Use Code prior to approval of the development application. (2) Applicant Presentation. The applicant shallmay present any relevant information the applicant deems appropriateinformation in support of its application, subject to the determination of the Chair as to relevance. Copies of all writings or other exhibits that the applicant wishes the decision maker to consider must be submitted to the Director no less than five (5) working days before the public hearing. (3) Staff Response to Applicant Presentation. The Director, the City Attorney and any other City staff member may respond to any statement made or evidence presented by the applicant. (4) Public Testimony. Relevant public testimony shall be heardMembers of the public may comment on the application and present evidence, subject to the determination of the Chair as to relevance. (5) Applicant Response. The applicant may respond to any testimony or evidence presented by the public. (6) Staff Response to Public Testimony or Applicant Response. The Director, the City Attorney and any other City staff member may respond to any statement made or evidence presented by the public testimony or by the applicant's response to any such public testimony. Section 5. That Section 2.2.11(C) of the Land Use Code is hereby amended to read as follows: 4 (C) Project Development Plan and Plat. Within a maximum of three (3) years following the approval of a project development plan, and upon the expiration of any right of appeal, or upon the final decision of the City Council following appeal, if applicable, the applicant must proceed by obtaining the Director's approval of a final plan for all or part of the project development plan. If such approval is not timely obtained, the project development plan (or any portion thereof which has not received final approval) shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing three-year requirement, which extension may not exceed six (6) months in length. No vested rights shall ever attach to a project development plan. The approval of, or completion of work pursuant to, a final plan for portions of a project development plan shall not create vested rights for those portions of the project development plan which have not received such final plan approval and have not been completed. Section 6. That Section 2.2.11(D) of the Land Use Code is hereby amended to read as follows: (D) Final Plan and Plat and Other Site Specific Development Plans. (1) Approval. A site specific development plan shall be deemed approved upon the expiration of any right of appeal of the approval by the decision maker relating thereto, except that in the event that any such decision of approval has been appealed, the site specific development plan shall be deemed approved as of the date of the City's final action with regard to such appeal. . . . (9) Post denial re-submittal delay. Property that is the subject of an overall development plan or a project development plan that has been denied by the decision maker or denied by City Council upon appeal, or withdrawn by the applicant, shall be ineligible to serve, in whole or in part, as the subject of another overall development plan or project development plan application for a period of six (6) months from the date of the final decision of denial or the date of withdrawal (as applicable) of the plan unless the Director determines that the granting of an exception to this requirement would not be detrimental to the public good and would: (a) substantially alleviate an existing, defined and described problem of City- wide concern; or (b) result in a substantial benefit to the City by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the City’s Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council. 5 (910) Automatic repeal; waiver. Nothing in this Section is intended to create any vested property right other than such right as is established pursuant to the provisions of Article 68, Title 24, C.R.S. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Section shall be deemed to be repealed and the provisions hereof no longer effective. Nothing herein shall be construed to prohibit the waiver of a vested property right pursuant to mutual agreement between the City and the affected landowner. Upon the recording of any such agreement with the county Clerk and Recorder, any property right which might otherwise have been vested shall be deemed to be not vested. Section 7. That Section 2.3.2(H)(1) of the Land Use Code is hereby amended to read as follows: (H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following criteria: (1) The overall development plan shall be consistent with the permitted uses and applicable zone district standards (Article 4) of all zone districts contained within the boundaries of the overall development plan. The plan shall also be consistent with any zone district standards (Article 4) and general development standards (Article 3) that can be applied at the level of detail required for an overall development plan submittal. If the overall development plan contains any land within the M-M-N, C-C and/or N-C Districts, the plan shall be consistent with the block size requirements for those districts. Only one (1) application for an overall development plan for any specific parcel or portion thereof may be pending for approval at any given time. Such application shall also be subject to the provisions for delay set out in Section 2.2.11. . . . Section 8. That Section 2.4.2(H) of the Land Use Code is hereby amended to read as follows: (H) Step 8 (Standards): Applicable. A project development plan shall comply with all General Development Standards applicable to the development proposal (Article 3) and the applicable District Standards (Article 4); and, when a project development plan is within the boundaries of an approved overall development plan, the project development plan shall be consistent with the overall development plan. Only one (1) application for a project development plan for any specific parcel or portion thereof may be pending for approval at any given time. Such application shall also be subject to the provisions for delay set out in Section 2.2.11. 6 Section 9. That Section 3.2.2(L) of the Land Use Code is hereby amended to read as follows: (L) Parking Stall Dimensions. Off-street Pparking areas for automobiles shall meet the following minimum standards for long- and short-term parking of standard and compact vehicles: . . . Section 10. That Section 3.4.1(D)(1) of the Land Use Code is hereby amended to read as follows: (D) Ecological Characterization and Natural Habitat or Feature Boundary Definition. The boundary of any natural habitat or feature shown on the Natural Habitats and Features Inventory Map is only approximate. The actual boundary of any area to be shown on a project development shall be proposed by the applicant and established by the Director through site evaluations and reconnaissance, and shall be based on the ecological characterization of the natural habitat or feature in conjunction with the map. (1) Ecological Characterization Study. If the development site contains, or is within five hundred (500) feet of, a natural habitat or feature, or if it is determined by the Director, upon information or from inspection, that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection, then the developer shall provide to the city an ecological characterization report prepared by a professional qualified in the areas of ecology, wildlife biology or other relevant discipline. At least ten (10) working days prior to the submittal of a project development plan application for all or any portion of a property, a comprehensive ecological characterization study of the entire property must be prepared by a qualified consultant and submitted to the City for review. The Director may waive any or all of the following elements of this requirement if the city already possesses adequate information required by this subsection to establish the buffer zone(s), as set forth in subsection (E) below, and the limits of development ("LOD"), as set forth in subsection (N) below. The ecological characterization study shall describe, without limitation, the following: . . . Section 11. That Section 3.4.7(C) of the Land Use Code is hereby amended to read as follows: 7 (C) Determination of Landmark Eligibility. The determination of individual eligibility for local landmark designation will be made in accordance with the applicable provisions of Chapter 14 of the City Code. A site, structure or object may be determined to be individually eligible for local landmark designation if it meets one (1) or more of the criteria as described in Section 14-5, "Standards for Designation of Sites, Structures, Objects and Districts For Preservation" of the City Code. If a property is determined to be eligible for designation, the applicant will provide a completed Colorado Cultural Resource Survey Architectural Inventory Form for the property. (Forms are available from the Community Planning and Environmental Services Department.) The determination of individual eligibility for the National or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. Section 12. That Section 3.5.1(H) of the Land Use Code is hereby amended to read as follows: (H) Land Use Transition. When land uses with significantly different visual character are proposed adjacent to each other and where gradual transitions are not possible or not in the best interest of the community, the development plan shall, to the maximum extent feasible, achieve compatibility through compliance with the standards set forth in this Division regarding scale, form, materials and colors, buffer yards and adoption of operational standards including limits on hours of operation, lighting, placement of noise-generating activities and similar restrictions. Section 13. That Section 3.6.2(L) of the Land Use Code is hereby amended to read as follows: (L) Private Drives and Street-like Private Drives. (1) When Allowed. (a) Internal access or additional cross-access. Private drives shall be allowed in a development, provided that their function will only be to provide access to property within the development or additional cross-access between developments that are also connected by a street(s). Private drives shall not be permitted if (by plan or circumstance) such drives would, in the judgment of the City Engineer, attract "through traffic" in such volumes as to render such drives necessary as connections between developments, neighborhoods or other origins and destinations outside of the development plan. A private drive shall not be permitted if it prevents or diminishes compliance with any other provisions of this Land Use Code. 8 (b) Primary access in single-family developments. A private drive, instead of a street, shall be allowed to provide primary access to residential development, provided that the drive is connected to only one (1) streetin compliance with paragraph (a) above. (c) Street-Like Private Drives. A street-like private drive shall be allowed as primary access to facing buildings or to parcels internal to a larger, cohesive development plan, or for the purposes of meeting other requirements for streets. Street-like private drives shall be designed to include travel lanes, on-street parking, tree-lined border(s), detached sidewalk(s), and crosswalks. Other features such as bikeways, landscaped medians, corner plazas and pedestrian lighting may be provided to afford an appropriate alternative to a street in the context of the development plan. On-street parking for abutting buildings may be parallel or angled. Head-in parking may only be used in isolated parking situations. Such street-like private drives must be similar to public or private streets in overall function and buildings shall front on and offer primary orientation to the street-like private drive. Street-like private drives may be used in conjunction with other standards, such as block configuration, orientation to connecting walkways, build-to-lines, or street pattern and connectivity. (d) Neither a private drive nor a street-like private drive shall be permitted if it prevents or diminishes compliance with any other provisions of this Land Use Code. (2) Design Requirements. Private drives shall be designed to meet the following criteria: (a) If any property served by the private drive cannot receive fire emergency service from a public street, then all emergency access design requirements shall apply to the private drive in accordance with Section 3.6.6. An "emergency access easement" must be dedicated to the city for private drives that provide emergency access. (b) Private drives which must comply with Section 3.6.6 for emergency access shall be limited to an overall length of six hundred sixty (660) feet from a single point of access (measured as the fire hose would lay). This measurement shall begin at the intersection of the private drive with the public or private street. 9 . . . Section 14. That Section 3.8.11(D) of the Land Use Code is hereby amended to read as follows: (D) For the purposes of this Section, the height of a fence or wall shall be the distance from the top of the fence or wall to the original finished grade of the lot directly under the fence or wall as such grade existed at the time the fence or wall was constructed. Any berm, wall or similar feature that is constructed for the purpose of increasing the height of a fence or wall shall be considered to be a part of the fence or wall. Section 15. That Section 3.10.1 of the Land Use Code is hereby amended to read as follows: 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 and provided further that the provisions contained in Section 3.4.10(D) regarding parking structure design shall also apply to the H-M-N, High Density Mixed-Use Neighborhood and the C-C, Community Commercial zone districts throughout the City. (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. The purpose of this Section is also to apply the standards contained in Section 3.4.10(D) regarding parking structure design to all land within the City that is located in the H-M-N, High Density Mixed-Use Neighborhood and the C-C, Community Commercial zone districts. Section 16. That Section 4.2(D)(1)(a) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Density/Intensity. All development shall meet the following require- ments: 10 (a) Overall average density shall not exceed two (2) dwelling units per netgross acre. . . . Section 17. That Section 4.2(E)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) Minimum lot sizes may be waived by the Planning and Zoning Board,do not apply provided that the overall average density of the proposed development does not exceed two (2) dwelling units per gross acre and the density of the cluster development does not exceed five (5) dwelling units per net acre. Section 18. That Section 4.6(E) of the Land Use Code is hereby amended by the addition of a new subsection (3) which reads in its entirety as follows: (3) Design standards for multi-family dwellings. (a) Orientation and setbacks. Setbacks from the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. (b) Variation among repeated buildings. For any development containing at least five (5) and not more than seven (7) buildings (excluding clubhouses/leasing offices), there shall be at least two (2) distinctly different building designs. For any such development containing more than seven (7) buildings (excluding clubhouses/leasing offices), there shall be at least three (3) distinctly different building designs. For all developments, there shall be no more than two (2) similar buildings placed next to each other along a street, street-like private drive or major walkway spine. Buildings shall be considered similar unless they vary significantly in footprint size and shape, architectural evaluations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features. (c) Variation of color. Each multi-family building shall feature a palette of muted colors, earth tone colors, natural colors found in surrounding landscape or colors consistent with the adjacent neighborhood. For a multiple structure development containing at least forty (40) and not more than fifty-six (56) dwelling units, there shall be at least two 11 (2) distinct color schemes used on structures throughout the development. For any such development containing more than fifty-six (56) dwelling units, there shall be at least three (3) distinct color schemes used on structures throughout the development. For all developments, there shall be no more than two (2) similarly colored structures placed next to each other along a street or major walkway spine. (d) Entrances. Entrances shall be made clearly visible from the streets and public areas through the use of architectural elements and landscaping. (e) Roofs. Roof lines may be either sloped, flat or curved, but must include at least two (2) of the following elements: 1. The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing. 2. Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections. 3. Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane. 4. Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color. 5. Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials. (f) Facades and Walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades and walls into human- scaled proportions similar to the adjacent single- or two- family dwellings, and shall not have repetitive, undifferentiated wall planes. Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. Façade articulation may be accomplished by offsetting the floor plan, recessing or projection of design elements, change in 12 materials and/or change in contrasting colors. Projections shall fall within setback requirements. (g) Colors and materials. Colors of non-masonry materials shall be varied from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim. Section 19. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 23. Accessory uses. Section 20. That Section 4.7(B)(2)(c) of the Land Use Code is hereby deleted in its entirety as follows: (c) Accessory/Miscellaneous Uses: 1. Accessory buildings containing habitable space. Section 21. That Section 4.7(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. . . . (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located 13 behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one- half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. . . . Section 22. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended to read as follows: (d) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 23. Accessory uses. Section 23. That Section 4.8(B)(2)(c) of the Land Use Code is hereby deleted in its entirety as follows: (c) Accessory/Miscellaneous Uses: 1. Accessory buildings containing habitable space. Section 24. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. . . . (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground 14 floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. . . . Section 25. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended to read as follows: (d) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 23. Accessory uses. Section 26. That Section 4.9(B)(2)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory/Miscellaneous Uses: 1. Accessory buildings with declared habitable space, or with water and/or sewer connections. Section 27. That Section 4.9(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback 15 requirements of this District and there is at least a ten-foot separation between structures. Section 28. That the graphic contained Section 4.16(D)(2)(c) of the Land Use Code is hereby deleted in its entirety and replaced with the new graphic below: Figure 18.6 Measurement of Height Limits Section 29. That the graphic contained in Section 4.16(D)(4)(b)2 of the Land Use Code is hereby deleted in its entirety and replaced with the new graphic below: 16 Massing, ground floor setbacks, and upper-floor setbacks shall be compatible with the historical and pedestrian character of Downtown, shading, views and privacy. Section 30. That Section 4.27(D)(4)(a) of the Land Use Code is hereby amended to read as follows: 17 . . . (4) Dimensional Standards. (a) Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be four (4) stories. Maximum height for residential buildings shall be three (3) stories. . . . Section 31. That the definition “Development” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Development shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or, except as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels. . . . (2) Development shall not include: (a) work by the City, or by the Downtown Development Authority (if within the jurisdictional boundary of the Downtown Development Authority and if such work has been agreed upon in writing by the City and the Authority), or work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way, or on land adjacent to the right-of-way if such work is incidental to a project within the right-of-way; . . . Section 32. That the definition “Private drive” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Private drive shall mean a parcel of land not dedicated as a public street, over which a private easement for road purposes has been granted to the owners of property adjacent thereto, which intersects or connects with a public or private street, and where the instrument creating such easement has been recorded in the Office of the Clerk and Recorder of Larimer County. A street-like private drive is a type of private drive that may be used instead of a street under the provisions of Section 3.6.2(L)(c). Section 33. That the definition “Private street” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: 18 Private street shall mean a parcel of land not dedicated as a public street, over which a public access easement for street purposes has been granted to the city, which intersects or connects with only one (1) other street, public or private, and where the instrument creating such easement has been recorded or filed in the Office of the Clerk and Recorder of Larimer County. The public access easement shall allow for access by police, emergency vehicles, trash collection and other service vehicles, utility owners and the public in general. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2011, and to be presented for final passage on the 6th day of September, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk