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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - SECOND READING OF ORDINANCE NO. 033, 2013, MAKINGDATE: March 5, 2013 STAFF: Sherry Albertson-Clark Pete Wray AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 30 SUBJECT Second Reading of Ordinance No. 033, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study. EXECUTIVE SUMMARY The Eastside and Westside Neighborhoods Character Study represents an assessment of neighborhood compatibility issues related to impacts of larger new construction projects. In comparison to the previous 2010/2011 Study, which focused on building size impacts, this Study takes a broader look at the character and context of the neighborhoods including building size and design compatibility. The discussion by Council on First Reading on February 26, 2013, focused on two options identified by staff for consideration in the Ordinance. Option A included a package of Land Use Code amendments with a revised Floor Area Ratio (FAR) formula; Option B included the same standards as A, except no change to the existing FAR. This Ordinance was adopted (with Option A) on First Reading on February 26, 2013, by a vote of 4-3 (Nays: Kottwitz, Troxell, Weitkunat). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 26, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 26, 2013 STAFF: Sherry Albertson-Clark Pete Wray AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 3 SUBJECT First Reading of Ordinance No. 033, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study (Option A or Option B). EXECUTIVE SUMMARY The Eastside and Westside Neighborhoods Character Study represents an assessment of neighborhood compatibility issues related to impacts of larger new construction projects. In comparison to the previous 2010/2011 Study, which focused on building size impacts, this Study takes a broader look at the character and context of the neighborhoods including building size and design compatibility. Staff has prepared two options for Council to consider for the proposed package of potential Land Use Code (LUC) amendments to be included in the Ordinance at First Reading. • Option A reflects a package of Land Use Code amendments implementing five recommended strategy options as well as a revision of existing FAR standards using a new formula. • Option B reflects a package of Land Use Code amendments implementing five recommended strategy options, but does not include a revision to existing FAR standards. BACKGROUND / DISCUSSION Staff initiated the Study in June 2011, after receiving direction from City Council to take a new and broader look at neighborhood compatibility and character issues in the core area neighborhoods near downtown. The Study is in response to continued concerns with potential impacts of larger additions and new construction in the city’s oldest neighborhoods. A similar study was conducted in 2010 for the Eastside and Westside neighborhoods with a resulting Ordinance approved by City Council that was later repealed in response to a citizen petition. While the previous effort led to a primary focus on building size aspects, the current study emphasizes a broader perspective to understand the character, larger context of compatibility, and threshold for change in these neighborhoods. The initial direction for the new study began with a goal developed by a Council Ad Hoc Committee to: Retain and enhance the unique character and context of the neighborhoods as they continue to change with renovations, additions, and new housing construction, with a well-supported and effective public process resulting in appropriate and mutually agreeable solutions. The Study is summarized in a highly illustrated Strategy Report with information on the character and context of the neighborhoods, community engagement, issues, and strategy options for City Council consideration (www.fcgov.com/eastwestneighborhoods). The Study identified and clarified a number of key issues with ongoing changes that affect existing residents and the unique character and context of the neighborhoods. These issues led to the strategy options. Key issues include: • New construction that appears to be overly large in relation to its context • Building walls that appear to loom over neighbors • Reduced solar access/shading issues • Incompatible design features • Loss of older/more affordable houses that make the neighborhoods unique • Loss of green space and mature trees COPY COPY COPY COPY February 26, 2013 -2- ITEM 3 The Study process included extensive public outreach that included identification of neighborhood objectives and issues, and defining. The Study process and findings are summarized in a final Strategy Report. This report also includes staff recommendations to implement five strategy options that were presented to City Council at the Work Session on November 27, 2012. The staff recommendations at that time did not include revising existing Floor Area Ratio (FAR) standards, because the team concluded the proposed design standard sufficiently addressed neighborhood compatibility issues, and revising the FAR did not reflect a mutually agreeable solution from the public. City Council subsequently directed staff to proceed with implementation of those strategy options, including development of the formula to revise the existing maximum FAR standard. Some of these strategies involve Land Use Code changes that are the subject of the Ordinance, and others are administrative or involve future actions as follows: • Promote the City's existing Design Assistance Program. This involves ongoing administrative actions, including such measures as a marketing brochure, newsletter, neighborhood mailings, and posting program information online. • Expand neighborhood notification of variance requests. • Create voluntary design handbooks/guidelines to provide specialized information for interested owners and builders on compatible development in unique character areas throughout the neighborhoods. These products would be developed as part of future planning efforts that will need to be budgeted and incorporated into the staff work program. Staff is recommending implementation of this action concurrent with neighborhood plan updates for the Eastside and Westside neighborhoods in 2014. • Adjust existing height-at-setback and floor area ratio (FAR) measurement methods in the Land Use Code for the N-C-L and N-C-M zoning districts • Address building mass and solar access, including revisions to existing FAR standards, and new design standards to address mass and solar impacts. • Illustrate the effect of potential standards on new construction. A series of public meetings were held in January 2013 to present a draft potential package of Land Use Code amendments to implement the strategy options. Staff received a mix of opinions from the public on the proposed standards, especially relating to revisions to the Far standards. An additional Council work session was held on February 12, 2013 to discuss options for FAR standards, which included direction for staff to describe these options for Council to consider on First Reading. I. DESCRIPTION OF ORDINANCE OPTION A (WITH NEW FAR FORMULA) This option reflects a package of Land Use Code (LUC) amendments that implements the five recommended strategy options, as well as a revision to existing FAR standards using a new formula. More specifically, it includes clarifying Code terminology and formatting, expanded notice for variance requests, revising the existing FAR standard using a new formula, adding new adjustments to the FAR measurement method for calculating building square footage, and incorporating new design and solar access standards. Following is a brief summary of potential Land Use Code changes contained in the proposed Ordinance (Option A). 1. Expand notification area for variance requests. This LUC change would add a new standard regarding neighborhood notification for Zoning Board of Appeals (ZBA) variance requests exceeding a certain project size threshold. Staff recommends that the notice area for ZBA hearings be extended from 150 feet to 500 feet for variance requests for certain size construction and other thresholds (Attachment 3). 2. Address building massing and scale (Revised FAR Standard). The staff recommendation outlined in the strategy report did not include a revision to the existing FAR standards because other recommended tools were seen to sufficiently address the identified objectives and issues, and because many residents and other stakeholders feel that FAR is an overly restrictive tool that limits flexibility for expansion. However, FAR reductions were presented as a possible alternative tool for addressing identified issues with overly large new construction and loss of green space. COPY COPY COPY COPY February 26, 2013 -3- ITEM 3 Based on Council direction, the staff and consultant team evaluated potential revisions to the maximum permitted FAR, including modeling of a variety of reduced FARs on projects that have been identified as appearing overly large in relation to their context. The proposed FAR formula was selected because it: • Addresses projects identified as appearing overly large in relation to their context while allowing flexibility for new construction and home expansion; • Promotes the scale of new construction that was most often identified as compatible in community workshops and the online visual survey; • Works in concert with other recommended tools such as reduced wall heights for solar access and additional building design standards to address front and side façade character; and • ,More directly targets identified issues than the FAR revisions included in the repealed 2011 ordinance. Overall, the new formula provides greater flexibility through less substantial FAR reductions because it works in combination with other tools that also address identified issues with new construction that appears to be overly large in relation to its context, building walls that appear to loom over neighbors and reduced solar access. New FAR Formula The first proposed FAR change revises the minimum lot area standards that currently relate lot area to the total floor area of buildings on the lot in the N-C-L and N-C-M zoning districts. This would apply new or adjusted design standards to address the scale and solar access impacts of larger new construction and additions. The potential revised standard would reduce the maximum FAR from the currently permitted 0.40 in the N-C-L district and 0.50 in the N-C-M district according to a sliding scale as summarized in the table below. For example, the formula above would limit floor area on a 7,000 square foot lot in the N-C-M district to 2,750 square feet ((7,000x0.25)+1,000=2,750) with an additional allowance for 250 square feet in a detached rear accessory (acc.) structure on a lot of 6,000 square feet or more, for a total of 3,000 square feet. The sliding scale would generally result in reductions of allowed floor area for larger lots in both districts. New FAR Measurement Method This change incorporates adjusted measurement methods for calculating floor area, as recommended in the Strategy Report. These proposed measurement method adjustments address the issues of high volume spaces not being counted as floor area (which created the potential for single-story homes being twice as large as a two-story home). This includes basement floor area in calculation where the new construction raises the finish floor elevation above a certain threshold, and provides some allowance for accessory structures to promote separate building masses. Option A further addresses building mass and scale impacts by combining a reduction in overall building size (reduced FAR), with new design standards to shape building facade features. 3. Adjust measurement method for building wall height and reduced height for solar access. The first part of this Code change adjusts the method for measuring building height at the minimum side yard setback to better account for the impact of tall walls on raised grade. Staff recommends implementation of a revised measurement method for maximum height (18 feet) at the minimum side yard to better account for potential looming impacts related to grade changes on a property. The building side wall height is proposed to be measured from the existing grade at the interior side lot line adjacent to the wall, rather than at the improved grade. A second new standard is proposed to reduce the potential solar access impacts of large new houses or additions on neighboring property to the north. The staff and consultant team decided not to develop a complicated “solar COPY COPY COPY COPY February 26, 2013 -4- ITEM 3 ordinance” limiting shading on neighboring lots. Instead a simple solar standard is proposed for building wall height to promote solar access. The side wall height would be reduced to 14 feet from the currently allowed 18 feet and the side wall height could increase by one foot for each foot of additional setback. 4. Add new standards for building facades over certain size thresholds. Facade design standards are proposed to provide a menu of options to shape the character of front and side building facades for compatibility. At least one facade feature from a design menu would be required to promote pedestrian orientation and compatibility with the character of the structures on the block face. The front facade options would promote pedestrian orientation and the appearance of compatible mass and scale as viewed from the street by using one-story elements, front porches, etc. The proposed options for side building facades are intended to reduce potential looming and privacy impacts on adjacent lots. II. DESCRIPTION OF ORDINANCE OPTION B (RETAIN EXISTING FAR FORMULA) Option B reflects a package of Land Use Code amendments that implements the five recommended strategy options but does not include a revision to existing FAR standards. It includes clarifying Code terminology and formatting, expanded notice for variance requests, retaining the existing FAR standard formula, adding new adjustments to FAR measurement method for calculating building square footage, and incorporating new design and solar access standards. Ordinance Option B contains the same standards as Option A, except for the FAR formula. Option B reflects the staff recommendation described in the Strategy Report, and presented to Council at the November 27, 2012 Work Session. The staff and consultant team concluded in the report that the proposed package of new design standards, without a reduction in FAR, would address most identified mass and scale issues with larger new construction while allowing flexibility for home expansion. New construction that appears to be overly large in relation to its context was often cited by residents as a key issue in the neighborhoods. Many residents also felt that FAR reductions would be the most effective tool for addressing this issue. However, when presented with alternative design scenarios in community workshops and surveys, many participants selected alternatives that incorporate design elements other than floor area reductions. This indicates that design elements apart from overall size contribute significantly to neighborhood compatibility. The recommended design standards within Ordinance Option B address these key design elements while allowing flexibility for home expansion. • Comparison of 2011 Ordinance and proposed 2013 Ordinance At the November 27, 2012 work session, Council directed staff to develop the proposed 2013 Ordinance. Staff provided a comparison of the previous 2011 Ordinance that was repealed, with the proposed 2013 Ordinance (Attachment 4). Staff believes the proposed 2013 Ordinance, as a package of proposed changes, is noticeably different from the previous 2011 Ordinance. The key changes include: • No requirement for Landmark Preservation Commission recommendations on variance requests • New expanded notification area for some variance requests • New thresholds for applying all new standards in both districts • Different formula for calculating maximum Floor Area Ratios (FARs) • FARs applied separately to the N-C-L and N-C-M districts • FARs applied on a sliding scale, based on lot size • More generous FAR allowance in the N-C-M district; and • New standards for solar access and building front and side façade design. FINANCIAL / ECONOMIC IMPACTS Urban Advisors was contracted as a sub-consultant to analyze the economic impacts of revising the existing FAR standards as described in Option A. The analysis and findings are included in a report (Attachment 6). The summarized conclusions from the report include: COPY COPY COPY COPY February 26, 2013 -5- ITEM 3 • While overall values increase with house size, the value per square foot tends to decline, especially for houses with more than 2,000 square feet of floor area or FARs above 0.30. • Based on existing property values, and the potential sales prices of new or expanded homes, most redevelopment is likely to occur on small to average sized lots (4,000 to 10,000 square feet) in the N-C-M zone district (115 to 125 such properties present prime redevelopment opportunities under current market conditions). • The proposed reduction in maximum permitted FAR (Ordinance Option A) would not significantly affect redevelopment opportunities in the neighborhoods because the most profitable opportunities tend to be at FARs lower than the proposed limits. • The proposed reduction in the maximum permitted FAR (Ordinance Option A) is not likely to have a significantly positive or negative impact on the affordability of housing in the neighborhoods. ENVIRONMENTAL IMPACTS Staff finds no direct or definable impact on environmental resources with any of these implementation items. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff also recommends that new voluntary design guidelines be developed concurrent with the neighborhood plan updates for the Eastside and Westside neighborhoods in 2014. This action is not budgeted and/or included in the current work program. BOARD / COMMISSION RECOMMENDATION At its regular meeting on February 7, 2013, the Planning and Zoning Board voted 4-1 to recommend adoption of Ordinance No. 33, 2013, Option B. The Landmark Preservation Commission is scheduled for a regular meeting on February 13, 2013. Minutes from this meeting will be forwarded to Council prior to Second Reading on March 5. The Zoning Board of Appeals is scheduled for a regular meeting on February 14, 2013. Minutes from this meeting will be forwarded to Council prior to Second Reading on March 5. The Building Review Board is scheduled for a regular meeting on February 28, 2013. Minutes from this meeting will be forwarded to Council prior to Second Reading on March 5. PUBLIC OUTREACH The following activities were included in the public process used for this study: Phase 1 – Understand the character and context of the neighborhoods (May – July 2012) • Email notice for meetings, post card mailing for work shops • Posted project information on web page • Initial working group meetings (June) • 2 public work shop meetings (July 10/12) • Online questionnaire • Updates to boards and commissions • City Council work session (July 24) COPY COPY COPY COPY February 26, 2013 -6- ITEM 3 Phase 2 – Develop a Strategy (August – November 2012) • Series of working group meetings (August/September) • On-line survey • Public work shop meeting (November 5) • Updates to boards and commissions • City Council work session (November 27) Phase 3 – Implementation of Strategy Options (December 2012 – February 2013) • Series of working group meetings (January 16, 2013) • Public Open House meeting (January 30) • Updates to boards and commissions • Planning and Zoning Board Hearing – Recommendation (February 7) • City Council Work Session (February 12) • Landmark Preservation Commission Hearing – Recommendation (February 13) • Zoning Board of Appeals Hearing - Recommendation (February 14) • City Council First Reading of Ordinance (February 19) • Building Review Board Hearing – Recommendation (February 28) • City Council Second Reading of Ordinance (March 5) ATTACHMENTS 1. City Council Work Session Summary, November 27, 2012 2. February 12, 2013 City Council Work Session Summary 3. Tables 1 and 2, comparing 2011 FAR formula with proposed 2013 FAR formula 4. Table 3, comparing the 2011 and proposed 2013 Ordinances 5. Summary of public comments 6. Economic Analysis Report 7. Eastside and Westside Zoning Districts Map 8. Planning and Zoning Board minutes, February 7, 2013 1 ORDINANCE NO. 033, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO IMPLEMENTATION OF THE EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDY WHEREAS, in 2010, City staff conducted an Eastside/Westside Neighborhood Study which resulted in an ordinance being approved by the City Council which was later repealed in response to a citizen petition; and WHEREAS, in June 2011, City staff initiated a new Eastside/Westside Neighborhood Character Study (the “Study”) after receiving direction from City Council to take a fresh look at neighborhood compatibility and character issues in the neighborhoods near downtown; and WHEREAS, the basis of the Study is to respond to continued concerns with respect to potential impacts of building additions and new construction in the City’s oldest neighborhoods; and WHEREAS, the Study process included extensive public outreach and the consideration of the proposed Code changes arising from the Study by the Planning and Zoning Board, the Landmark Preservation Commission, the Zoning Board of Appeals and the Building Review Board; and WHEREAS, the direction from the Study is to amend the Land Use Code in the following particulars: 1. Expand the existing notification distance for some Zoning Board of Appeals variance requests; 2. Revise the existing Floor Area Ratio (FAR) standards using a new formula to lower the largest allowable house sizes, and adjust the method for calculating allowable floor area; 3. Adjust the method for measuring the height of a new wall along a side lot line; 4. Incorporate a new solar access standard; and 5. Incorporate new design standards with a menu of options for front and side building façade features; and WHEREAS, the City Council has determined that the proposed changes to the Land Use Code are in the best interests of the City. NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 2 Section 1. That Section 2.10.2(F) of the Land Use Code is hereby amended to read as follows: (F) Step 6 (Notice): Section 2.2.6(A) only applies, except that “800 feet” shall be changed to “150 feet”, and for single-family houses in the NCL and NCM zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance requests for: (a) Construction that results in a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story; or (b) Construction of a new house that is greater than two thousand five hundred (2,500) square feet; or (c) Construction of an addition that results in a total square footage of more than three thousand (3,000) square feet; and "14 days" shall be changed to "7 days," everywhere they occur in Section 2.2.6.(A). Section 2.2.6(B)-(D) shall not apply. Section 2. That Section 4.7(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000) square feet. (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) On a lot of less than five thousand (5,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (2) On a lot that is between five thousand (5,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty (20) percent of the lot area plus, one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred-fifty (250) square feet shall be added for a detached accessory structure. 3 (3) On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty (30) percent, plus two hundred-fifty (250) square feet for a detached accessory structure. (4) The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building on the lot. (2) Basement floor areas where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall. (3) Roofed porches, balconies and breezeways that are enclosed on more than two sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet. 4 (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed twenty five (25) percent of the area of the rear fifty (50) percent of the lot. (4) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. Section 3. That Section 4.7(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards. . . . 5 (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall along a side lot line exceeds eighteen (18) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall height that exceeds eighteen (18) feet in height, except as provided in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story, building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. 6 Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story house where a one (1) story house previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1-1/2) stories. Section 4. That Section 4.7(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards. (1) Building Design. . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of 7 the subject lot and the house on such abutting lot is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of the structures on the block face: Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. Covered Entry Feature 8 A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet. (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: 9 Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. . . . Section 5. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) Required Lot Area. Minimum lot area shall not be less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. 10 (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) On a lot of less than four thousand (4,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed fifty (50) percent of the lot area. (2) On a lot that is between four thousand (4,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty-five (25) percent of the lot area plus one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred-fifty (250) square feet shall be added for a detached accessory structure. (3) On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty-five (35) percent of the lot area, plus two hundred-fifty (250) square feet for a detached accessory structure. (4) The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: (1) The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within such accessory building located on the lot. (2) Basement floor areas where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall. 11 (3) Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet (3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. (4) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. (5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such 12 accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet. Section 6. That Section 4.8(E) of the Land Use Code is hereby amended to read as follows: (E) Dimensional Standards . . . (4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall along a side lot line exceeds eighteen (18) feet in height, as measured from the natural grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall height that exceeds eighteen (18) feet in height, except as provided for in “a” below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (a) Solar Access Setbacks. For building construction that results in: 1. a two (2) story house where a one (1) story house previously existed, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and 4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that 13 adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story where a one (1) story previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (11/2) stories. Section 7. That Section 4.8(F) of the Land Use Code is hereby amended to read as follows: 14 (F) Development Standards (1) Building Design. . . . (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is an abutting house on either side that is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of structures on the block face: 15 Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. Covered Entry Feature A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 16 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. 17 Section 8. That the amendments provided for in this Ordinance shall apply to complete applications for development approval or for building permits that are properly filed with the City on or after May 15, 2013. Introduced, considered favorably on first reading, and ordered published this 26th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk