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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/19/2013 - SECOND READING OF ORDINANCE NO. 041, 2013, AMENDINDATE: March 19, 2013 STAFF: Seth Lorson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 27 SUBJECT Second Reading of Ordinance No. 041, 2013, Amending the Land Use Code to Address Certain Recommendations Contained in the Student Housing Action Plan. EXECUTIVE SUMMARY The Student Housing Action Plan (SHAP), adopted by City Council on February 26, 2013, has identified both near- term and long-term action items to address concerns with compatibility between multi-family development and existing neighborhoods. This Ordinance, adopted on First Reading by a vote of 5-1(Nays: Troxell), will (1) improve understanding of compatibility by modifying the LUC to include good examples (photos, drawings) of what is allowed in certain zones; (2) amend MMN district development standards and LUC Sec. 3.8.30 multi-family standards to specify that no vehicular use area can be placed in the said setback from single- and two-family dwellings. Also, consider landscape requirements for this setback; and (3) better define and amend the LUC Sec. 3.8.16 (E) (2) requirement that 4+ bedroom developments need to provide additional open space, recreation areas, parking areas and public facilities as are necessary to adequately serve the development and retain the parking exemption in the TOD Overlay Zone. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - March 5, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: March 5, 2013 STAFF: Seth Lorson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT First Reading of Ordinance No. 041, 2013, Amending the Land Use Code to Address Certain Recommendations Contained in the Student Housing Action Plan. EXECUTIVE SUMMARY The Student Housing Action Plan (SHAP), adopted by City Council on February 26, 2013, has identified both near- term and long-term action items to address concerns with compatibility between multi-family development and existing neighborhoods. This Ordinance will (1) improve understanding of compatibility by modifying the LUC to include good examples (photos, drawings) of what is allowed in certain zones; (2) amend MMN district development standards and LUC Sec. 3.8.30 multi-family standards to specify that no vehicular use area can be placed in the said setback from single- and two-family dwellings. Also, consider landscape requirements for this setback; and (3) better define and amend the LUC Sec. 3.8.16 (E) (2) requirement that 4+ bedroom developments need to provide additional open space, recreation areas, parking areas and public facilities as are necessary to adequately serve the development and retain the parking exemption in the TOD Overlay Zone. BACKGROUND / DISCUSSION Several LUC amendments have been adopted by Council during the last several months as a response to concerns expressed by Council, citizens, and concerns identified during the Student Housing Action Plan process regarding adverse impacts of multi-family developments adjacent to existing single-family neighborhoods. Thus far the following LUC amendments have been adopted: • Adding land use standards from the MMN Zone District to Article 3 (General Development Standards) to enhance compatibility between multi-family developments with existing single-family neighborhoods. • Eliminating a loophole in the NC zone district (which is intended to be a mixed-use commercial area) that allowed for developments smaller than 10 acres to be entirely multifamily housing. • Create a threshold of 50 dwelling units or 75 bedrooms for multi-family developments that will require a Planning and Zoning Board Hearing (Type II) rather than an administrative hearing (Type 1). Some of the more complex proposed LUC changes were reviewed during the October 9, 2012 Council Work Session and moved into the SHAP process for further evaluation and public discussion. The near-term SHAP Action Items have been divided into two phases. Phase 1 is being proposed with this report and Phase 2 consists of the following: SHAP Action Items Phase 2: 4. Confirm that the uses, development standards and density allowances in the NCB district are consistent with the intent and purpose of the district appropriate sub-area plans in that it provides a transition between residential neighborhoods and commercial-use areas. This change will require incorporating the results of the Eastside/Westside Neighborhood Character Study which is not yet complete. Staff believes that this item (#4) warrants public processing and staff work beyond the scope of the current package of Land Use Code changes. For example, additional work may include the following tasks, all of which require effective public engagement with stakeholders: • Review the adopted vision, goals, and policies for the neighborhood • Understand the context and existing character in the affected areas (including both physical data and stakeholder issues, attitudes, and concerns) • Analyze and understand the effects of current zoning, including variance requests COPY COPY COPY COPY March 5, 2013 -2- ITEM 17 • Analyze and understand the effects of any ideas for changes to zoning allowances or geographic boundaries, which likely will require some degree of graphic modeling • Develop recommendations The NCB Zone’s Purpose statement refers to adopted subarea plans as its basis. Three such plans provide the specific policy basis for the zoning allowances and boundaries that have raised questions and issues. Ideally, this item would be addressed in the context of larger neighborhood plan evaluations. The three plans are also included in the 2013-2014 planning work program. The West Central Neighborhood Plan is scheduled to be updated in 2013, and the East Side and West Side Neighborhood Plans are scheduled for updates in 2014. NCB issues have always been anticipated to be addressed in these plan updates. The NCB zone was created along with the NCL and NCM zones in 1991. In 2004, the three zones were updated with “carriage house” standards. In the NCL and NCM zones, recent planning projects (the 2010 and 2012 Eastside and Westside neighborhood Character studies) have highlighted the sensitivity of zoning changes. 5. Define different multi-family housing types (rather than just the broad multi-family definition). The requirement for multiple housing types could be used as a gradient of development between proposed multi-family and existing single-family. In order to propose these revisions, a variety of housing types such as tri-plex, four-plex, and possibly 5-6-plexes will need to be developed, defined, and applied to zone districts with corresponding review and approval procedures. These proposed revisions should be presented to stakeholders such as neighborhood groups and developers. These LUC revisions are anticipated to be proposed with the annual LUC package presented to the Planning and Zoning Board in May. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its February 21, 2013 meeting, the Planning and Zoning Board voted 6–0 to recommend adoption of the Ordinance. After considerable deliberation, the Planning and Zoning Board recommended removal of the TOD parking exception for 4+ bedroom units as recommended by staff and outlined in the staff report on page 11. The Planning and Zoning Board thought that there was not enough data regarding development in the TOD to warrant changes to the City’s vision. PUBLIC OUTREACH The Student Housing Action Plan (SHAP) has done extensive outreach to stakeholders since summer 2011 and was recommended for approval by the Planning and Zoning Board on January 17, 2013. These proposed LUC revisions were presented to stakeholders on February 4, 2013. Some of the attendees thought that the proposed revisions were too restrictive while others thought they were not restrictive enough. ATTACHMENTS 1. Planning and Zoning Board Staff Report and Attachments, February 21, 2013 2. Public Comments 3. Planning and Zoning Board minutes, February 21, 2013 1 ORDINANCE NO. 041, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ADDRESS CERTAIN RECOMMENDATIONS CONTAINED IN THE STUDENT HOUSING ACTION PLAN WHEREAS, based upon concerns that have been expressed by the community surrounding the issue of student housing in the City, City staff prepared the Student Housing Action Plan (SHAP) for consideration by the Planning and Zoning Board, the City Council and various other boards and commissions of the City and other entities within the City; and WHEREAS, on January 17, 2013, the Planning and Zoning Board recommended to the City Council the adoption of the SHAP and the various action items contained therein; and WHEREAS, three of the five action items proposed in the SHAP are items which call for: (1) improving the understanding of compatibility by modifying the Land Use Code to include examples of what is allowed in certain zones; (2) amending the Medium Density Mixed-Use Neighborhood (M-M-N) District development standards and Section 3.8.30 of the Land Use Code pertaining to multi-family standards in order to specify that no vehicular use area can be placed in the setback from single-family and two-family dwellings and to also include certain landscape requirements for the setbacks; and (3) amending Section 3.8.16(E)(2) of the Land Use Code to better define the requirement that dwelling units containing four or more bedrooms need to provide additional open space, recreational areas, parking areas and public facilities that are necessary in order to adequately serve the development (except for those developments that are located in the transportation overlay zone district); and WHEREAS, the City Council has determined that these proposed amendments to the Land Use Code are in the best interests of the City and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.2.1(E)(1) of the Land Use Code is hereby amended to read as follows: (E) Landscape Standards. All development applications shall include landscape plans that meet the following minimum standards: (1) Buffering Between Incompatible Uses and Activities. In situations where the Director determines that the arrangement of uses or design of buildings 2 does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses, site elements or building designs, one (1) or more of the following landscape buffering techniques shall be used to mitigate the conflicts. . . . Section 2. That Section 3.2.2(J) of the Land Use Code is hereby amended to read as follows: (J) Setbacks. Any vehicular use area containing six (6) or more parking spaces or one thousand eight hundred (1,800) or more square feet shall be set back from the street right-of-way and the side and rear yard lot line (except a lot line between buildings or uses with collective parking) consistent with the provisions of this Section, according to the following table: Minimum average of entire landscaped setback area (feet) Minimum width of setback at any point (feet) Along an arterial street 15 5 Along a nonarterial street 10 5 Along a lot line* 5 5 * Setbacks along lot lines for vehicular use areas may be increased by the decision maker in order to enhance compatibility with the abutting use or to match the contextual relationship of adjacent or abutting vehicular use areas. Section 3. That Section 3.2.2(K)(1)(a) of the Land Use Code is hereby amended to read as follows: (K) Parking Lots - Required Number of Off-Street Spaces for Type of Use. (1) Residential and Institutional Parking Requirements. Residential and institutional uses shall provide a minimum number of parking spaces as defined by the standards below. (a) Attached Dwellings: For each two-family and multi-family dwelling there shall be parking spaces provided as indicated by the following table: Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit* 3 One or less 1.5 Two 1.75 Three 2.0 Four and above 3.0 * Spaces that are located in detached residential garages (but not including parking structures) or in attached residential garages, which attached garages do not provide direct entry into an individual dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the dwelling unit rental rate or purchase price). 1. Multi-family dwellings and mixed-use dwellings within the Transit-Oriented Development (TOD) Overlay Zone shall have no minimum parking requirements. . . . Section 4. That Figure 6 contained in Section 3.4.7(F)(2) of the Land Use Code is hereby amended to read as follows: Figure 6 Building Patterns . . . 4 Section 5. That Section 3.5.1(C) of the Land Use Code is hereby amended to read as follows: (C) Building Size, Height, Bulk, Mass, Scale. . Buildings shall either be similar in size and height, or, if larger, be articulated and subdivided into massing that is proportional to the mass and scale of other structures, if any, on the same block face, abutting or adjacent to the subject property, opposing block face or cater- corner block face at the nearest intersection. (See Figure 7a & 7b.) Infill Buildings Figure 7a S follows: (H S read as fo (E . ection 6. H) Land are pr not in maxim passiv ection 7. ollows: E) Increa . . That Secti Use Transit roposed abut n the best in mum extent ve open spac That Secti asing the Oc F ion 3.5.1(H) tion. When l tting each ot nterest of th feasible, ach ce in order to ion 3.8.16(E ccupancy Li 5 Figure 7b of the Land land uses wi ther and whe he commun hieve compa o enhance th E)(2) of the imit. d Use Code i ith significan ere gradual t nity, the dev atibility the p he separation Land Use is hereby am ntly differen transitions ar velopment p provision of n between us Code is her mended to re nt visual char 6 (2) With respect to multiple-family dwellings, the decision maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a written request from the applicant and upon a finding that all applicable criteria of this Land Use Code have been satisfied, increase the number of unrelated persons who may reside in individual dwelling units. The decision maker shall not increase said number unless satisfied that the applicant has provided sufficient additional amenities, either public or private, to sustain the activities associated with multi-family residential development, to adequately serve the occupants of the development and to protect the adjacent neighborhood. Such amenities may include, without limitation, passive open space, buffer yards, on-site management, recreational areas, plazas, courtyards, outdoor cafes, limited mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters, shuttle services or other facilities and services. . . . Section 8. That Section 3.8.30(F)(1) of the Land Use Code is hereby amended to read as follows: (1) Orientation and buffer yards. Buffer yards along the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. . . . Section 9. That Section 5.1.2 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions “Buffer yards” and “Passive open space” which read in their entirety as follows: Buffer Yards shall mean land area devoted to providing separation between two land uses of different intensity for the purpose of providing a transition in order to promote neighborhood compatibility. Such area may consist of passive open space, landscaping, fences, walls, earthen berms, topographic elevation changes or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block or mitigate noise, lights, or other aspects of the urban environment. Passive Open Space shall mean land area devoted exclusively to activities such as walking, nature walks, wildlife observation, sitting, picnicking, card games, chess, checkers, and similar table games, which space may be used in conjunction with buffer yards. 7 Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk re not possib plan shall, to f buffer yard ses. reby amend ead as racter ble or o the ds and ded to