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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2012 - SECOND READING OF ORDINANCE NO. 092, 2012, AMENDINDATE: September 18, 2012 STAFF: Laurie Kadrich Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT Second Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code to Afford Better Regulation of Multi-Family, High Density Housing Developments. EXECUTIVE SUMMARY At City Council’s direction, the Community Development and Neighborhood Services (CDNS) department analyzed what immediate measures Council could consider to help mitigate adverse impacts of current and future multi-family housing in areas adjacent to single family neighborhoods. This Ordinance, adopted 6-1 (Kottwitz) on First Reading on September 4, 2012 will: 1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development standards for all multi- family projects, particularly outside the Transit-Oriented Development (TOD) Overlay Zone. 2. modify the Neighborhood Commercial zone district to ensure a significant commercial component. 3. require an operation, management and security study for larger multi-family developments. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - September 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: September 4, 2012 STAFF: Laurie Kadrich Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT First Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code to Afford Better Regulation of Multi-Family, High Density Housing Developments. EXECUTIVE SUMMARY At City Council’s direction, the Community Development and Neighborhood Services (CDNS) department analyzed what immediate measures Council could consider to help mitigate adverse impacts of current and future multi-family housing in areas adjacent to single family neighborhoods. Three measures were suggested for immediate adoption: 1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development standards for all multi- family projects, particularly outside the Transit-Oriented Development (TOD) Overlay Zone. 2. modify the Neighborhood Commercial zone district to ensure a significant commercial component. 3. require an operation, management and security study for larger multi-family developments. BACKGROUND / DISCUSSION City Council has reviewed options with staff during the July 24, 2012 and August 14, 2012 Work Sessions in response to residents’ concerns about the increasingly adverse impacts of larger multi-family developments near existing single family residential neighborhoods. Staff has proposed a three (3) phase approach to addressing concerns (see the following tables). This Ordinance implements Phase 1 of the three phase approach. Based on input received from City Council and the Planning and Zoning Board, two modifications were made to the draft ordinances presented during the work session. The first adds the operations, management and security plan as a submittal requirement, strengthening compatiblity with existing neighborhoods and uses by addressing ongoing issues not directly related to the Land Use Code. The second removes the threshold of 50 units to “trigger” the operations, management and security requirement. Staff will then have flexibility in reviewing operations, management and security requirements based on the compatibility with existing neighborhoods and uses for any sized project on an as-needed basis. Phase 1- proposed LUC “Immediate” changes: Purpose: To strengthen compatibility to the existing neighborhoods. • Require Division 4.6 (D2-D4) & (E) of the MMN (Land Use and Development) standards to apply to all multi- family projects by incorporating those sections into the Land Use Code (LUC) General Standards. In addition, a new provision would lower the threshold of the number of buildings at which point the variety among repeated buildings would be required. What this will accomplish: The intent of the MMN Zone District is to “function together with surrounding low density neighborhoods (typically the LMN zone district)”. By bringing these standards into the General Standards, all multi-family projects would need to comply with the land use and development standards relating to density, mix of housing types, lot pattern, parks, recreation and open space, block size and structure, minimum building frontage, etc. The new provision to enhance variety among repeated buildings lowers the threshold from five to three buildings that would require two distinctly different building designs. Similarly the threshold is lowered from seven to five buildings that would require three distinctly different building designs. Adding these requirements to the General Development standards will increase “compatibility” to the single-family existing neighborhoods on a city-wide basis. Requirements that are specific to the TOD, however, will remain in place and not be superseded by this new code section. The existing TOD standards are intended to encourage land uses, densities and urban design along the Mason Corridor. The exempted standards pertain to a required minimum mix of housing types, access to a central feature or gather place and height and need not be duplicated. As with all multi-family COPY COPY COPY COPY September 4, 2012 -2- ITEM 18 development, projects in the TOD must still comply with applicable neighborhood compatibility criteria in Section 3.5.1. • Modify 4.23 (D)(2) in the Neighborhood Commercial Zone to restrict 100% secondary uses such as residential development on land parcels of 5 acres or less, rather than the current allowance of 10 acres or less. What this will accomplish: This would place further emphasis that the NC zone is geared toward providing neighborhood commercial services and not a multi-family zone. • Add 4.6 (E)3 – Operations, Management and Security Study for Multi-Family Dwellings to the LUC. What this will accomplish: This will ensure that the development has an ongoing plan for mitigating tenant activities that may not be tied directly to Land Use Code standards yet may affect the surrounding neighborhoods that are available for review and comment during the development review process. For example, the plan would address such issues as after-hours security, parking enforcement, landscaping upkeep and other aspects of local management services. The original proposal included a minimum of 50 units in order to “trigger” an operations plan. This requirement has been deleted based upon comments received from the Council, the Planning and Zoning Board and the Land Use Code Committee. Table 1. July Work Session Issues Process Follow-up Source SHAP Parking Plan WCNP Update NC Intensity vs. Density X NC Mitigation of increased density with parks X NC Evaluate cumulative impacts of development, including traffic, noise, and parking. XXX NC Compatibility and buffering X NC Parking overflow X Staff Community Evaluate Prescriptive Standards for 4+ per unit development X Staff Community Define a variety of multi- family housing types, compatibility X NC = Neighborhood Coalition SHAP = Student Housing Action Plan COPY COPY COPY COPY September 4, 2012 -3- ITEM 18 Table 2. August Work Session SUMMARY OF OPTIONS AND TIMELINE TABLE 2012 Implementation Phasing (1,2,3) Timeline Issues Suggested Methods for Addressing Issues LUC Change SHAP Parking Plan WCNP Update 1 Aug. 14 - Council work session; Aug. 16 - Planning and Zoning Board; Sept. 4 - Ordinance Compatibility: MMN Standards NC zone Operating Review T 2 Sept. 14 - Planning and Zoning Board work session; Sept. 20 - P&Z hearing; Oct. 9 - Council work session; Nov. 6 or Nov. 20 - Ordinance Intensity Measure TOD Student Housing T 3 Oct. 2 - Council considers Parking Plan Parking overflow T 2013 and Beyond Implementation 3 Oct. 9 - Council work session Traffic Options Prospect* 3 Oct 23 - Council work session COPY COPY COPY COPY September 4, 2012 -4- ITEM 18 BOARD / COMMISSION RECOMMENDATION The Land Use Code changes have been introduced to the Planning and Zoning Board during its August 16 meeting and will be considered for recommendation during a Special Hearing on September 13, 2012. Minutes will be provided for Second Reading of the Ordinance. PUBLIC OUTREACH Numerous public outreach efforts were made through the Student Housing Action Plan process, meetings with neighbors and Council work sessions. These changes reflect requests expressed during these processes and other public hearing comments. ATTACHMENTS 1. August 14, 2012 Work Session Summary 2. Transit Oriented Development Overlay Zone map 1 ORDINANCE NO. 092, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF THE LAND USE CODE TO AFFORD BETTER REGULATION OF MULTI-FAMILY, HIGH DENSITY HOUSING DEVELOPMENTS 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, concerns have arisen within the community and among the members of the City Council regarding the cumulative effect of the development of multi-family housing and the potential adverse impacts of such development in areas adjacent to the development that are of a single-family residential nature; and WHEREAS, upon the request of the City Council, City staff has developed and proposed certain revisions to the Land Use Code which are designed to assist in prompt resolution of some of the problems and impacts that are created by the proliferation of multi-family housing while, at the same time, City staff is pursuing additional measures that may be appropriate; and WHEREAS, City Council has determined that requiring the Medium Density Mixed-Use Neighborhood Land Use and Development Standards to be applied to all multi-family projects City-wide and modifying the Neighborhood Commercial Zone District provisions to ensure that a significant commercial component is included within multi-family housing projects and requiring that all multi-family housing projects develop and present to the City an operation, management and security plan, is in the best interests of the City; and WHEREAS, following significant public outreach and consideration by the Planning and Zoning Board, the City Council has determined that the proposed revisions are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Division 3.8 of the Land Use Code is hereby amended by the addition of a new subsection 3.8.30 entitled “Multi-Family Dwelling Development Standards” which reads in its entirety as follows: 3.8.30 Multi-Family Dwelling Development Standards 2 (A) Purpose/Applicability. The following standards apply to all multi-family developments and are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets, and compatibility with surrounding neighborhoods. Multi-family developments in the Transit-Oriented Development (TOD) Overlay Zone are exempt from subsections (B), (C), and (E) of this Section. (B) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety: (1) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels part of a phased development. A minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger. (2) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots abutting common open spaces are encouraged. (3) The following list of housing types shall be used to satisfy this requirement: (a) Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet. (b) Two-family dwellings. (c) Single-family attached dwellings. (d) Mixed-use dwelling units. (e) Group homes. (f) Multifamily dwellings. (4) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward the street. (C) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, 3 central features or gathering places shall contain one (1) or more of the following uses: (1) Public parks, recreation areas or other open lands. (2) Privately owned parks, meeting the following criteria: (1) Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area. (b) Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. (c) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. (d) Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize. (e) Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association. (f) Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (3) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size. (D) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: 4 (1) Block structure. Each multi-family project shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures A through F). 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. (2) Block size. All blocks shall be limited to a maximum size of seven (7) acres. (3) 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. (E) Buildings. (1) The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story. (2) The portion of a building within a radius of fifty (50) feet of the right-of- way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story. (3) Minimum setback from street right-of-way: none. Figure A Example of Shopping Center on One Block 5 Figure B Example of Park/Civic Block 6 Figure C Example of Garden Apartment Block 7 Figure D Example of Townhouses and Small Lot Houses 8 Figure E Example of Bungalow Block 9 Figure F Example of Office Block (F) Design standards for multi-family dwellings. (1) Orientation and setbacks. Setbacks from the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. (2) Variation among repeated buildings. For any development containing at least three (3) and not more five (5) buildings (excluding clubhouses/leasing offices), there shall be at least two (2) distinctly different building designs. For any such development containing more than five (5) 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 10 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. (3) 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 (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. (4) Entrances. Entrances shall be made clearly visible from the streets and public areas through the use of architectural elements and landscaping. (5) Roofs. Roof lines may be either sloped, flat or curved, but must include at least two (2) of the following elements: (a) The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing. (b) Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections. (c) Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane. (d) Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color. (e) Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials. (6) 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. 11 Facade articulation may be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements. (7) 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. (G) Operations, management and security plan for multi-family dwellings. Multi- family developments shall provide to the City an operations, management and security plan prepared by a professional qualified in the areas of property or facility management, property maintenance or other relevant discipline. The contents of the operations, management and security plan shall be established by the Director in the submittal requirements as provided in Section 2.2.3. The decision maker shall review the plan to determine whether it is adequate to protect the health, safety and welfare of the occupants of the development and neighboring areas, and shall not approve any development if the plan for such development is not determined to be adequate. The development, once approved, shall remain consistent with the plan throughout the life of the development. Section 2. That Division 4.6(D) and (E) of the Land Use Code is hereby amended to read as follows: DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N) . . . (D) Land Use Standards. (1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings. (a) The minimum residential density of any phase in a multiple-phase development plan shall be seven (7) dwelling units per net acre of residential land. 12 (2) Secondary Uses. All residential uses, parks and recreational facilities and community facilities are considered the primary uses of this zone district. All other permitted uses are considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than fifteen (15) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development. (3) Building height. Buildings shall be limited to a maximum of three (3) stories. Section 3. That Section 4.23(D)(2) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) District Boundaries/Edges. Land use boundaries and density changes in the Neighborhood Commercial District shall occur at mid-block locations to the maximum extent feasible, rather than at streets (so that similar buildings face each other). (2) Secondary Uses. All residential permitted uses, except mixed use dwellings in multistory mixed use buildings, shall be considered secondary uses in this zone district and, for projects containing five (5) or more acres, together shall occupy no more than thirty (30) percent of the total gross area of any development plan. If the project contains less than five (5) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk 13 Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk SHAP T 3 2013 BFO Offer – WCNP update T *No funding source has been identified at this time. FINANCIAL / ECONOMIC IMPACTS There may be increased costs to multi-family developments that must comply with the amended requirements for building design, mixed housing types and increased levels of compatibility primarily outside the Transit-Oriented Development Overlay Zone. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading.