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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/12/2013 - EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDDATE: February 12, 2013 STAFF: Pete Wray Sherry Albertson-Clark Pre-taped staff presentation: available at fcgov.com/clerk/agendas.php WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Eastside and Westside Neighborhoods Character Study. EXECUTIVE SUMMARY The Eastside and Westside Neighborhoods Character Study process included extensive public outreach that identified neighborhood objectives and issues, and defined the character and context of the neighborhoods. The Study process and findings are summarized in a final Strategy Report, dated November 15, 2012. 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 it did not reflect a mutually agreeable solution from the public. City Council directed staff to proceed with implementation of the five strategy options, including development of a formula to revise the existing maximum FAR standard. In preparation for this work session, staff prepared two alternatives for Council to consider for the proposed package of potential Land Use Code (LUC) amendments included in the Ordinance: 1. Option A reflects a package of Land Use Code amendments that implement the five recommended strategy options as well as a revision of existing FAR standards using a new formula. 2. Option B reflects a package of Land Use Code amendments that implement the five recommended strategy options, but does not include a revision to existing FAR standards. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What comments or direction does Council have on options for revising existing Floor Area Ratio standards? 2. What additional comments or feedback does Council have on other proposed implementation actions prior to Hearing? BACKGROUND / DISCUSSION At the November 27, 2012 City Council work session, Council directed staff to proceed with implementation of five strategy options. 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: February 12, 2013 Page 2 • 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 recommends implementation of this action concurrent with neighborhood plan updates for the Eastside and Westside neighborhoods in 2014. • Adjust existing height-at-setback and 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. I. Description of Ordinance Option A (with new FAR formula) This option reflects a package of Land Use Code 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 FAR measurement method for calculating building square footage, and incorporating new design and solar access standards. A more detailed description of each standard is included in the attached draft Ordinance options (Attachments 3 and 4). 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 (see 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. 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: February 12, 2013 Page 3 • Addresses projects that have been 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 facade 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 would work 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 The second change incorporates adjusted measurement methods for calculating floor area, which was recommended in the Strategy Report. These proposed measurement method adjustments would 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); including basement floor area in calculation where the new construction raises the finish floor elevation above a certain threshold; and providing 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. February 12, 2013 Page 4 3. Adjust measurement method for building wall height and reduced height for solar access. The first part of this Code change would adjust 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 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 to14 feet from the currently allowed 18 feet and the side wall height could increase by 1 foot for each 1 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. A more detailed description of each standard is included in the attached draft Ordinance options. This option 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 February 12, 2013 Page 5 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. ATTACHMENTS 1. November 27, 2012 Council Work Session Summary 2. Summary of January 2013 public comments 3. Proposed draft Ordinance, Option A 4. Proposed draft Ordinance, Option B 5. Tables comparing 2011 FAR formula with proposed 2013 FAR formula 6. PowerPoint presentation Community Development & Neighborhood Services Long Range Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax MEMORANDUM Date: November 30, 2012 To: Mayor Weitkunat and City Councilmembers Thru: Darin A. Atteberry, City Manager Karen Cumbo, Planning, Development and Transportation Director From: Laurie Kadrich, Community Development and Neighborhood Services (CDNS) Director Sherry Albertson-Clark, Interim Planning Manager Pete Wray, Senior City Planner Re: November 27, 2012 Work Session Summary – Eastside and Westside Neighborhoods Character Study Councilmembers present: Mayor Weitkunat, and Councilmembers Manvel, Troxell, Poppaw, and Ohlson. Staff present: Karen Cumbo, Laurie Kadrich, Mark Jackson, Sherry Albertson-Clark, Pete Wray, Peter Barnes, Karen McWilliams. Consultants present: Nore Winter, Abe Barge. Staff presented an overview of Phase 2 activities that are summarized in the draft strategy report, and highlighted recommended strategy options for Council feedback. Specific questions considered by Council were: 1. What comments or feedback does Council have on the recommended strategy options, or any others not recommended? Main points of discussion:  Council acknowledged the information summarized in the Phase 2 Strategy Report and the level of work it represents.  Council noted that most neighbors expressed issues and concerns with large building size impacts and asked why the FAR strategy option was not recommended by staff.  Council provided feedback to staff to make sure what we are trying to solve is addressed in recommended options to ensure we fix the problem for the most recognized project examples that negatively affect compatibility.  Council directed staff to proceed with five recommended strategy options including 1-4, and 5c.  Council also directed staff to include strategy option 5a, and 5b in some form, other than what was originally suggested in 2011, to further address issues associated with building massing/scale, and solar access. 2. What comments or direction does Council have for staff on proceeding to implementation in the third phase of the study?  Council directed staff to proceed with Phase 3 of the study to implement recommended strategy options.  Council suggested staff coordinate future Council Hearing dates with the Leadership Team. ATTACHMENT 1 The form prov new Wes Sum 1. &  3. W W I P p E C A A O       4. D st    J final public mat of the me vide written a Code chang tside Neighb mmary of all w & 2. Where d  Of the 52 two neigh Which action Westside ne Implementa Promote the program Expand notif Create volun Adjust side w Adjust floor Other Potent  Count ba  No furthe  Promote  Big impr  Caveat; s lean-to a  FAR alre Do you have tandards?  Clever w  Maybe ch Page 2 fine. But to say the garage does not count towards the floor area ration is just not appropriate. The biggest issue to the neighborhood is the move to the densely populated, fully built out, suburban to urban, change, that will profoundly change the character of old town. To a large degree, the rights of homeowners, and the nature of the real estate market will move in that direction, without regard to any changes government can make. But floor area ratio is the best, most objective, least subject to discrimination, easiest to administer tool.  I support the new, proposed FAR standards. Regarding balconies needing to be counted as part of FAR standards, please reference house at 122 S Whitcomb with its second story balcony which extends beyond neighbor’s garages, uses majority of lot and reduces/diminishes neighbor’s privacy.  I think the changes (if approved) will help resolve some of the concerns presented by citizens in the workshops. Will definitely be an improvement.  Not sure they go far enough to meet objectives.  I like what I hear. It sounds like it has the potential to close loopholes.  I am sure the potential revisions will upset larger lot owners.  It is a thinly veiled attempt to reinstate the FAR standards that were repealed by the public in ’11. It should not be passed and it has been a gross waste of City time and resources and Council is out of line in trying to push it through on short notice before an election.  Yes, Yes, Yes, Yes, Yes!!! The projects that are maxing out the standards or getting “variance” in (is that a word?), are obtrusive, greedy, obsessive, completely against the character of the neighborhoods of Old Town.  I like these suggestions. I think you’ve creatively allowed for growth without allowing for obscenity in terms of size.  Please do not make additional restrictions on building standards. We are right back to what was repealed before. This will damage the development of our growing neighborhood. People will leave or decide to go elsewhere. This will financially impact our neighborhood and home values.  FAR!! 003 repealed this issue.  No adjustment to floor area ration (FAR) measurement. Petition in 2011 was successful and 003 was repealed and City Council stated that if this issue came back, it would not be based on “FAR” . The people of Fort Collins spoke via that petition in 2011.  Looks intelligent, fair, forward-looking.  Differentiation of NCL & NCM seems arbitrary. Use the NCL standard for both zones. Sliding scale by lot size is good, but the FAR is still too high. It should be .30 for a 10,000 sq.ft. lot in both zones and without the 250 sq. ft. accessory building exception.  New plan looks very positive in being able to place some limits without prohibiting reasonable expansion of house sizes in the neighborhood.  Good idea to include elevated basements in the FAR. Should point out in presentations and to City Council that non-elevated basements do not count in FAR thus possible to have more finished square feet than what is listed in the tables presented.  If the new unit fits the lot it should be ok. Each lot design is different.  Using a sliding scale by lot size makes sense now. Yes, differentiate between the NCL and NCM zone districts. OK – provide a 250 sq.ft. exception for detached rear accessory structures. Yes, work with a revised floor area measurement method that considers high volume spaces.  Too restricted, limits creating decent sized family homes with garages. Prohibits diversity and value of property.  I like them, particularly adding 3’ above ground basements and high ceiling rooms to the FAR.  Yes, differentiate between the NCL and NCM zone districts. Yes, provide a 250 sq.ft. exception for detached rear accessory structures. No to: Work with a revised floor area measurement method that considers high volume spaces. Page 3  Check to see what Boulder is going to do about slanting roofs. Concerned about odd setbacks different on north and south side.  Include balcony measurements into accounting the FAR requirements/calculations. I think the proposed FAR standards are overly restrictive. Should have existing FAR the same. Limits to side wall height. Should be on a case by case basis. One size does not fit all . . . especially in Old Town. The example used for the NCL zone of a lot of 7,000 sq.ft. seemed like an extreme result. What good is a 250 sq.ft. accessory building.  There is NO current problem. 5. Do you have comments on the potential side wall height standards for solar access?  Will this result in homes that do not fit into the overall character of the neighborhood?  Protecting neighbor’s light & sun is one of the most important requirements. Measurements taken at 12:00 noon, winter solstice. No loss of sun to neighbor needs to be the standard.  Not really – I think it’s a great idea to make the proposed changes.  Good idea  It’s only fair, for both solar & gardening.  Solar access is important so 18’ is generous.  At this time, I believe the proposal is too vague and should be studied further before a final proposal is put forth for adoption.  The value of these Old Town lots and yards is greatly reduced as these extreme projects get taller and closer to lot boundaries.  My only concern here is that we might end up with funky, lop-sided houses.  No more standards! Solar access can be blocked by planting a tree and everyone supports tree planting. Standards do not address this without negatively effecting home values.  For our property it’s not a large impact but larger lots are greatly impacted. Large houses are not out of place in Old Town, just need to be done in character.  What about landscaping – trees grow – is that an issue? Old Town has big trees – do you want them cut down!?  Limit wall height at the minimum side setback on the north side of the lot to preserve solar access.  I am strongly in favor of the standards as defined  Applying only to large additions or new construction is a huge loophole. Somebody could build a 250 sq.ft addition on a roof and significantly shade a neighbor to the north. Is there a sliding scale so houses/additions built at a 5’6” setback can’t move up to 18’? Also, the 1:1 height increase for lots narrower than 40’ seems overly generous. A tall house on a narrow lot has a greater potential to impact neighbors, so maybe buying a narrow lot should limit what you can do. A height increase of 6” for each foot narrower than 40’ with a maximum of 16’ would be better.  North-south impact is addressed well without being overly prohibitive. East-west impacts may need to be considered as well.  Good idea for north facing wall heights restrictions.  Doesn’t apply to my lot, but it is an important issue. Yes, apply only to large additions and new construction adjacent to a neighbor to the north. Yes, limit wall height at the minimum side setback on the north side of the lot to preserve solar access.  Properties are in flux. A single story home may become a two story in the future. South properties are always subject to a northern neighbor . . . which may also change height in the future.  I like the concept although I’m concerned about asymmetrical roofs.  OK, apply only to large additions and new construction adjacent to a neighbor to the north. Yes, limit wall height at the minimum side setback on the north side of the lot to preserve solar access.  Solar access protection needs to be set at winter solstice rather than spring equinox.  Needs to have a variance for homes that are forced to raise their base elevations due to flood plains. Page 4 6. Do you have comments on the potential additional building design standards to address front and side façade character?  The illustrations I saw on the poster do not reflect the character of homes in the area. I think it’s a good idea but designs need to be tweaked.  I am in favor!  This should be approached with caution. Jackson Hole did it and now it looks like a Disney theme park. Variety is good.  Compatibility with other buildings important.  Tightening up the standards will ensure that the character of a neighborhood will evolve gracefully.  I love that you’re not only looking at FAR but you’re considering design as well. Thank you.  No more standards! This will negatively impact our neighborhoods.  This design standard alone could address many of the out of place renovations.  Provide a menu of options to address the character of front and side facades.  Positive  Can’t legislate accounting for task. It is a diverse neighborhood. That’s part of the flavor of Eastside. Save the cookie-cutter mindset for the “burbs”.  New plan offers good options. Design assistance will help achieve better outcomes.  Good ideas  An important issue to maintain the character of the neighborhoods. I enjoyed judging the various facades at the Lopez Elementary workshop. OK, apply only to large additions and new construction – it saves time and effort spent on small projects. OK, provide a menu of options to address the character of front and side facades.  They are ok  No to: Apply only to large additions and new construction. Yes, provide a menu of options to address the character of front and side facades. Develop standards for front setback to align with others on the block. Address porches, trim, etc. to mimic nearby older homes.  Are porches the only way to create a more friendly façade in character? I think the standards are narrow and will create a cookie cutter effect and most likely unintended consequences.  Why should the City get involved in how people design their homes? It’s all subjective. 7. Do you have other comments and feedback?  These neighborhoods are the jewels of Fort Collins, and their character needs to be preserved. It’s what makes them so popular.  Please do not make the building process (permits, notifications, etc.) expensive. Voluntary design guidelines and example designs – Great!  “Neighborhood Contexts??” On one hand they do seem to assign a label to neighborhoods. But so what! I see this as a first step in an unannounced hidden agenda towards mandating HOA. Folks can see the context of the neighborhoods without a government definition.  Consultation with neighbors before building may reduce disharmony and help create a neighborly feeling. In the case of a builder/developer building a spec house to be sold in near future, hold these houses to the standards & insist on neighborhood meeting for guidance. City needs to be proactive in designating historic home protection recognizing the desirability of living in these neighborhoods and the fact that some people have so much money they can buy, scrape & build anything.  Keep doing this. I hope City Council will enforce these changes. Keep our neighborhood’s historic character.  Pleased that you have a significantly involved those of us living in the areas. Hope City council has same approach vs. only interests of developers. Page 5  I don’t believe there is enough evidence of a problem caused by the current FAR standards that will be solved by the proposed new standards. Furthermore, I feel that Council is attempting to railroad through new standards that the community has shown they do not support (i.e. the 2011 repeal of an extremely similar FAR standard to the one now being proposed). Additionally, the graphs and presentation is misleading (i.e. the 250 sq.ft. exemption for detached structures).  The market does an excellent job of monitoring the developing and maintaining the market. This tinkering isn’t going to do anything except screw up the market and leave some properties that should be address without a suitor. Your building size is ratcheted down so that no one will buy the old houses and fix them up – not profitable. You are seriously messing with the market which is the best control.  Thanks for all your hard work in this lengthy and difficult process. Even if we pretend not to like you!!  We still appreciate your time.  Great job so far, we need change for the better!  I really appreciate how well you all have listened to the community. I feel like you’ve done a good job at considering all sides of these issues. I also think you’ve come up with some creative solutions that have the potential to work well. I especially liked being able to see how a newly built house might look different under your new proposals. This really helped to solidify in my mind what exactly the proposals would mean. Thanks for all your hard work.  The redevelopment and growth of our neighborhood will be stunted with these standards being implemented again. These changes were repealed once before but the agenda of the Council is being pushed. Not the voice of the community. These last minute explanations and last minute finalization of suggestions leading to meetings where decisions will be made is exactly what happened last time. This is not ok. No more standards.  I worry if we get too prescriptive, young families will not look to move/reinvest in Old Town. Without flexibility, many people will get priced out of the Old Town market. The neighborhood will eventually grow stagnant and start to decline.  I believe the new construction is good for the neighborhood. Keep the current standards. I thought this was sealed a couple of years ago. The people of Fort Collins have spoken by repealing 003.  Grade is required to be raised in some of the area because of a high water table, so home owners are being penalized with height restrictions, based on existing City imposed restrictions. In considering financial impacts, both positive and negative impacts should be considered. Improvement of neighboring properties improves the neighborhood as a whole . . . property values go up, and this is what causes taxes to go up. Property value increase only benefits the community.  Great job. Wonderful outreach. Cooperative approach. Nicely phased. Good communication. Kudos to City, Winter, other support staff.  Case by case – some projects are more disappointing in their choices than others. Don’t punish the many for the disappointments of the few. Happy that due to additions, new builds, etc. that families are able to thrive in Old Town.  1. Thank you for finally listening to citizens and council by addressing solar access. It’s a good start, but it needs to directly protect solar access (e.g. regardless of lot size or width, or building size, additions or new houses would not be allowed to cast a shadow higher than 5’ on a house to the north built at the 5’ setback, at noon on Dec. 21). This would allow maximum flexibility for construction without allowing a negative environmental or economic impact (by shading windows) on neighbors to the north. 2. Why do the standards kick in at 2,500 sq. ft. for new construction, but 3,000 total sq.ft. for additions? 2,000 sq. ft. would be a good threshold for both. Remember, it’s not saying a house can’t be bigger – it just says you have to consider your neighbors.  Thanks for the good work.  Didn’t we go through this two years ago? Things are working ok now – no action is needed.  It appears from this information and my discussion with Abe that converting my one-car garage to a two-car garage will not exceed the potential FAR standard. Page 6  It always seems to go back to the City Council’s agenda of changing the FAR and creating restrictive standards that were vetoed last year!!! I feel that these changes affect the property values and desirability of Old Town. WATCH OUT!! Is this even legal? Put it to a vote, not a Council that determines citizen’s outcome! Washed A LOT of resources $$ to get this FAR changed again. Outrage.  Provide for neighbors consultation on new building and in some cases remodels. Work toward neighborhood harmony.  It might be helpful to make a table that shows total FAR by lot size with an assumed addition of a full basement to estimate total possible finished square footage. For example, a NCL lot of 7,000 sq.ft. could allow a 2,650 sq.ft. FAR. If that 2,650 is two floors of 1,200 sq.ft. each plus a detached garage, then a full basement could be 1,200 sq.ft. and usable space would really be closer to 3,600 sq.ft.  City Council is once again creating a mountain out of a mole hill. Fort Collins is land locked and in one breath the “City” promotes infill projects and building up not out, and in the other breath they restrict future building and improvements by making regulations over restrictive. Fort Collins (City Council) needs to figure out what they really want and they need to listen to all the people – not just the loud few. Regarding high volume space being counted as two floors – why would that matter? This will financially impact the home.  Can we please finally allow the FAR conversation to die? The citizens spoke in 2011, and they don’t want it. Just because there are two City Council members who are so arrogant as to believe that their opinions are more important than the thousands of citizens who signed on to repeal the last FAR proposal doesn’t make it right. Two for th impl Stud Sum 1. &  3. D (F                   o neighborho he meetings lementation dy. mmary of all w & 2. Where d  Of the 23 residents Do you have FAR) standa  Allow ho mother-in  Overall, some of t  Look for and build  Like the  Like mea character  Moving i lots over  When fig considera  What is t  How is ir  How muc  Clarify h  How is th no time f  What abo for adjac  How man  You’ve r Page 2  The two hits for implementing less FAR based on .25 + 1000 sf AND counting ceiling over 14' is excessive. I suggest adopting one or the other. For example on a 10,000 sq ft lot w/ a cathedral ceiling over 14' for a 400sq ft home, the allowable FAR is roughly 60% of current standards. 10,000 (.25) + 1000 = 3500 -400 (cathedral greater than 14') = 3100 sq ft. Current standard (NCM) is 5000sq ft. 3100/5000 = roughly 60% 4. Do you have comments and feedback on the potential standards for solar access?  Suggest a lower front home and put more sq.ft. in a back unit/addition or detached carriage house.  For the most part, I like this one as well. Case study four freaks me out a little because the folks to the north keep their sunshine, but the folks to the south lose privacy and have a big wall along their yard. I also don’t want a bunch of awkward, slanty houses in the neighborhood.  Looks good – like the setback/height adjustment plan.  Great ideas! There should be a standard for lots under 40 ft. wide such as 15 ft. max height at min. side yard setback and 12 ft. at 40 ft. and over. Keep 1 ft. to 1 ft. increase in max height for each additional setback. Not 2 ft. for 1 ft. setback. Second story additions that result in over 2,500 sq.ft. should fall under the new façade standards for solar access, not 3,000 sq.ft.  Access to light/sun is a key criteria for a livable space for me.  I like access rules but don’t want lots of asymmetrical roof lines or asymmetrical side lot setbacks.  Do solar access requirements apply to major remodels as well as new construction? Will this create asymmetrical buildings (rooflines)?  Does solar access address or include trees (evergreens)? They also shade adjacent buildings; should also look at evergreen placement in new landscaping  Does solar access address or require solar panels or collectors?  Would solar apply to narrow lots? Would apply only those lots less than 40’ wide?  Concerned about solar with corner lots because they have wider setbacks so lot is more difficult to build on, especially when lot is also narrow...  What is side wall height limit for solar access?  Solar access will push houses to the south side – this is one solution, but there may be other ways to address on lots  Could a variance be requested to solar access?  Keep the exception to the offset standards for the lot's w/ 40' or less of street frontage, only measure the 40' as "build able lot area" - The portion of the lot remaining after subtracting required offsets. For an interior lot, this would be 30' in this example: 40 - 2(5 (side setbacks)) = 30' For a corner lot: 40 - 15 (street side setback) - 5 (interior side setback). Also, does a house w/ street frontage on a northern road have to comply w/ this standard. If so, why? Are we trying to ensure the street has sufficient solar access? An exception should be made to corner lots or alley lots w/ streets and alleys on their northern side. Lastly, neighbors should be able to come to consensus on when to apply these standards. This is an agreement between two individual property owners. The City's blanket approach to solar protection will not consider the intricacies of each situation. Two interested parties are much better at realizing an appropriate solution than cookie cutter standards. 5. Do you have comments and feedback on the potential additional façade standards?  This all looks good to me.  Looks good.  Generally these standards are an improvement.  How about apply in relation to the specific buildings on adjacent lots – be sure to apply to major remodels.  Can a façade/porch encroach into the setback?  This seems like good regulation. Changing the facade every 40' is adequate. Page 3 6. What additional evaluation do you feel is necessary?  A second story deck is a different animal from a first floor deck. I think it should be counted somehow.  Open decks need to be counted in FAR and /or the impacts on neighbor’s privacy.  To reiterate the 40' lot frontage exception to solar access. A 50' corner lot is just as prohibitive as a 40' interior lot regarding buildable area. 40 - two 5' side setbacks = 30 buildable dimension and 50 (corner lot) - 15' setback on street and 5' setback on interior lot = 30 buildable dimension. 7. Do you have other comments and feedback?  There should be notification for neighbors for new building and demolition even when it doesn’t require a variance. These can be “big deals” even when they follow the current rules. Neighbors shouldn’t be taken by surprise. I think you all have done a great job. You seem to be thorough, considerate and fair. I really appreciate all you’ve done.  Expand notification in a timely manner for variance requests and especially for demolition/deconstructions.  Please don’t use flat roof houses for examples in your case studies – they aren’t realistic. Can you provide photos of Boulder or other places where solar access standards apply? Also, what Boulder is doing to respond to solar access problems that result in asymmetrical roof lines? We’ll have some problems – might as well address it now.  How to get information out about requirements like these – maybe through REALTORS – so people know before they buy.  Suggest city modify requirements for elevations to be submitted on projects to require elevations that show context (block face where house is and opposite block face) – would be more useful.  Suggest looking at building permits from past 5 years to see how many would/would not meet these standards (like what Ben Manvel did before).  How were houses on Wood Street allowed? Variances?  Compare previous proposal to current proposal and show how they are different and similar or the same.  Standards only apply to single-family not multi-family. Why does NCM have greater allowance?  Does City Council attend these meetings (open house, etc.) on this project?  Suggest a comparison table be made to show what was passed before and what is proposed now.  These standards don’t completely address compatibility – the future design guidelines/standards will also help with compatibility.  Suggest that input with your neighbors can help reduce surprises and result in better design (mentioned variance for the turret on Whitcomb Street).  Like the use of “privacy” as a term for what we’re trying to protect.  If you want to retain the "neighborhood character" provisions should be made to consider adjoining properties in all directions that border a house. For example maximum height should be based on the highest adjoining property. Provisions should be in place for many of these variables, i.e. setbacks, FAR, maximum building height. DRAFT - LEGAL REVIEW PENDING 1 OPTION A ORDINANCE NO. ___, 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. ATTACHMENT 3 DRAFT - LEGAL REVIEW PENDING 2 NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 “5800 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) Density Required Lot Area. Minimum lot area shall be equivalent to at least two and one-half (21/2) times the total floor area of the building(s), but not be less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross 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 gross 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 (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: DRAFT - LEGAL REVIEW PENDING 3 (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) 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 the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (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: DRAFT - LEGAL REVIEW PENDING 4 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 twenty five (25) percent of the area of the rear fifty (50) percent of the lot. (24) 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. (35) 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. (46) 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) DRAFT - LEGAL REVIEW PENDING 5 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. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 3. That Section 4.7(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 or building 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 or building 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 or building 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, buildingheight 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 DRAFT - LEGAL REVIEW PENDING 6 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 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. DRAFT - LEGAL REVIEW PENDING 7 . . . (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 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 DRAFT - LEGAL REVIEW PENDING 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: DRAFT - LEGAL REVIEW PENDING 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) Density/Intensity of Development Required Lot Area. Minimum lot area shall be equivalent to at least two (2) times the total floor area of the building(s), but not be less than the following: five thousand (5,000) square feet for a single-family or DRAFT - LEGAL REVIEW PENDING 10 two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross 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 gross 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 (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (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 DRAFT - LEGAL REVIEW PENDING 11 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 the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (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. (24) 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. (35) 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 DRAFT - LEGAL REVIEW PENDING 12 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. (46) 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. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. 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 or building 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 or building 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 or building 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: DRAFT - LEGAL REVIEW PENDING 13 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. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height DRAFT - LEGAL REVIEW PENDING 14 *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: (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: DRAFT - LEGAL REVIEW PENDING 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. lCovered 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 DRAFT - LEGAL REVIEW PENDING 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. DRAFT - LEGAL REVIEW PENDING 17 Introduced, considered favorably on first reading, and ordered published this 19th 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 DRAFT - LEGAL REVIEW PENDING 1 OPTION “B” ORDINANCE NO. ___, 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. 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. ATTACHMENT 4 DRAFT - LEGAL REVIEW PENDING 2 NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 “5800 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) Density Required Lot Area. Minimum lot area shall be equivalent to at least two and one-half (21/2) times the total floor area of the building(s), but not be less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross 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 gross 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 (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: DRAFT - LEGAL REVIEW PENDING 3 (1) The allowable floor area for all buildings 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 the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (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. (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. (24) 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 DRAFT - LEGAL REVIEW PENDING 4 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. (35) 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. (46) 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. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. Section 3. That Section 4.7(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 or building 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 or building shall be set back from the interior side lot line an additional one (1) foot, beyond the DRAFT - LEGAL REVIEW PENDING 5 minimum required, for each two (2) feet or fraction thereof of building wall or building 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. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height DRAFT - LEGAL REVIEW PENDING 6 *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 the subject lot and the house on such abutting lot is one (1) story, or DRAFT - LEGAL REVIEW PENDING 7 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 DRAFT - LEGAL REVIEW PENDING 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: DRAFT - LEGAL REVIEW PENDING 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) Density/Intensity of Development Required Lot Area. Minimum lot area shall be equivalent to at least two (2) times the total floor area of the building(s), but not be less than the following: five thousand (5,000) square feet for a single-family or DRAFT - LEGAL REVIEW PENDING 10 two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross 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 gross 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 (71/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). (2) Allowable Floor Area on Lots. (a) The allowable floor area shall be as follows: (1) The allowable floor area for all buildings shall not exceed fifty (50) 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 the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade. (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: DRAFT - LEGAL REVIEW PENDING 11 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. (24) 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. (35) 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. (46) 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. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October DRAFT - LEGAL REVIEW PENDING 12 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district. 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 or building 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 or building 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 or building 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 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) DRAFT - LEGAL REVIEW PENDING 13 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: (F) Development Standards (1) Building Design. . . . (h) Front Façade Character. When building construction results in: DRAFT - LEGAL REVIEW PENDING 14 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: DRAFT - LEGAL REVIEW PENDING 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. lCovered 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 DRAFT - LEGAL REVIEW PENDING 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. DRAFT - LEGAL REVIEW PENDING 17 Introduced, considered favorably on first reading, and ordered published this 19th 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 Lot Size Lot Size Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Floor Area Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Additional Accessory Structure ) Lot Size Lot Size Max. FAR Additional Accessory Structure Floor Area Allowance Total Allowed Floor Area Max. FAR Allowed Floor Area Additional 1,000 sf Floor Area Lots ≥ 5,000 sf & < 10,000 sf Additional Accessory Structure Floor Area Allowance Total Floor Area Actual FAR Max. FAR Additional Accessory Structure Floor Area Allowance Total Floor Area Max. FAR Allowed Floor Area Additional 1,000 sf Floor Area Lots ≥ 5,000 sf & < 10,000 sf Additional Accessory Structure Floor Area Allowance Total Floor Area Actual Table 2. 2011 Proposed Floor Area Ratio (FAR) Standards Lot Size (sf) First 3,000 sf @ .45 Remainder @ .25 Accessory Structure Allowance Total Floor Area (sf) Floor Area Ratio 3,000 1,350 0 0 1,350 0.45 4,000 1,350 250 0 1,600 0.40 5,000 1,350 500 0 1,850 0.37 6,000 1,350 750 250* 2,100 0.35 7,000 1,350 1,000 250* 2,350 0.34 8,000 1,350 1,250 250* 2,600 0.33 9,000 1,350 1,500 250* 2,850 0.32 10,000 1,350 1,750 250* 3,100 0.31 11,000 1,350 2,000 250* 3,350 0.30 12,000 1,350 2,250 250* 3,600 0.30 13,000 1,350 2,500 250* 3,850 0.30 14,000 1,350 2,750 250* 4,100 0.29 15,000 1,350 3,000 250* 4,350 0.29 * Allowance of 250 square feet for detached accessory structure on lots 6,000 square feet or greater in size 1 City Council Work Session February 12, 2013 Eastside & Westside Neighborhoods Character Study ATTACHMENT 6 2 General Direction Sought and Specific Questions to be Answered 1. What comments or direction does Council have on options for revising existing Floor Area Ratio standards? 2. What additional comments or feedback does Council have on other proposed implementation actions prior to Hearing? 3 Eastside & Westside Neighborhoods Character Study www.fcgov.com/eastwestneighborhoods 4 Staff Recommended Strategy Options 1.Promote Ex. Design Assistance Program 2.Expand Notification for Variances 3.Create Design Handbooks/Guidelines 4.Adjust Measurement Methods 5.Address Building Massing/Solar Access a. Address Building Scale/Size Directly b. Address Solar Access Directly c. Address Building Massing/Solar Impacts with Design Tools (Indirectly) 6.No Action/Limited Action 5 Direction from City Council (11/27/12) 1. Develop a strategy to promote design assistance 2. Expand notification of variances 3. Create voluntary design guidelines 4. Adjust measurement methods 5. Address building massing/solar access: 5a. Address building scale/size - Revise (FAR) 5b. Address Solar Access Impacts - directly 5c. Address building massing/solar impacts indirectly with new design standards 6 Planning Process Consists of Three Phases: Phase 1 Understand character/context in different parts of neighborhoods Phase 2 Develop Strategies for potential solutions Phase 3 Develop tools, systems, and actions to implement strategies 7 Public Process for Implementation - 2013 • Working Group Meetings (January 16) • Public Open House Meeting (January 30) • Boards/Commissions Recommendation to Council (February) • City Council Hearing (1st Reading – February 19) • City Council Hearing (2nd Reading – March 5) 8 Study Area 9 Study Area 10 Proposed Options for Land Use Code Amendments Option A • Reflects package of revised and new standards - including revision of the existing FAR standard formula Option B • Same as Option A - except retains existing FAR standard formula 11 Option A Proposed Land Use Code Amendments • Expand existing notification distance for variance requests • Revise Ex. Floor Area Ratio (FAR) standards • Adjust Ex. Standard for measuring height of new building wall along side lot line • New solar access standard • New standards for building front/side façade design 12 Expand the notification distance for some Zoning Board of Appeals (ZBA) variance requests (New Land Use Code Amendment) 13 Revise Existing Maximum Floor Area Ratio (FAR) Standards  Clarifying Code terminology and formatting  Reduces maximum FAR according to a sliding scale by lot size  FARs differ for the N-C-L and N-C-M districts 14 Revise Existing Maximum Floor Area Ratio (FAR) Standards Adjust measurement method for calculating maximum permitted FAR  Count large volume spaces as two floors  Count square footage of elevated basements  Not count up to 250 square feet of detached rear accessory structure 15 Revise Existing Maximum Floor Area Ratio (FAR) Standards Potential FAR Formula  Additional allowance for 250 square feet in detached accessory structure on lots 6,000 SF or larger 16 17 18 Adjust measurement method for height of a new wall along a side lot line Proposed System – Existing Grade at Property Line Current System – Finished Grade at Wall 19 Façade Standard for Solar Access  Lower maximum wall height facing a one-story neighbor to the north  Would only apply to large new houses or new two-story houses 20 Additional Building Design Standards  Provides a menu of design options for the building front façade of large new homes 21 Additional Building Design Standards  Provides a menu of design options for the building side façade of large new homes 22 Standards Comparison Existing: All Standards Combined Potential: All Standards Combined 23 Case Study 1 (existing conditions) 24 Page 11: Case Study 1 (before/after) 25 Case Study 1 (solar access) 26 Case Study 2 (existing condition) 27 Case Study 2 (before/after) 28 Case Study 3 (existing condition) 29 Case Study 3 (before/after) 30 Case Study 3 (solar access) 31 Option A Main Issues Addressed • Expands notification for variance requests , increasing awareness for affected neighbors • Reduces FAR to limit largest house sizes • Adjusts side wall height measurement to account for raised grading relative to neighboring properties • Addresses compatibility issues and solar impacts of some larger new construction 32 Option B Proposed Land Use Code Amendments • Expand existing notification distance for variance requests • Retain Ex. Floor Area Ratio (FAR) standards • Adjust Ex. Standard for measuring height of new building wall along side lot line • New solar access standard • New standards for building front/side façade design 33 Option B Main Issues Addressed • Expands notification for variance requests , increasing awareness for affected neighbors • Adjusts side wall height measurement to account for raised grading • Addresses compatibility issues and solar impacts of some larger new construction 34 Comparison of Ordinances 2011 Ordinance (Repealed): • Lowering current limit for building FAR applied the same for all lots in both NCL/NCM districts • Require recommendation from Landmark Preservation Commission to Zoning Board of Appeals on variance requests for FAR • Adjust measurement method for maximum side wall height 35 Comparison of Ordinances Proposed 2013 Ordinance – Option A: • New standard for expanded notice for variance requests • Lowering current limit for building FAR applied differently for both NCL/NCM districts based on lot size (Option B does not include this standard) • Adjust measurement method for maximum side wall height (similar) • New solar access standard • New building façade design standards 36 General Direction Sought and Specific Questions to be Answered 1. What comments or direction does Council have on options for revising existing Floor Area Ratio standards? 2. What additional comments or feedback does Council have on other proposed implementation actions prior to Hearing? FAR 3,000 0.40 0 1200 0.40 1,200 0 0 1,200 0.40 3,000 0.50 0 1,500 0.50 1,500 0 0 1,500 0.50 4,000 0.40 0 1600 0.40 1,600 0 0 1,600 0.40 4,000 0.50 0 2,000 0.25 1,000 1,000 250 2,250 0.56 5,000 0.40 0 2000 0.20 1,000 1,000 250 2,250 0.45 5,000 0.50 0 2,500 0.25 1,250 1,000 250 2,500 0.50 6,000 0.40 0 2400 0.20 1,200 1,000 250 2,450 0.41 6,000 0.50 0 3,000 0.25 1,500 1,000 250 2,750 0.46 7,000 0.40 0 2800 0.20 1,400 1,000 250 2,650 0.38 7,000 0.50 0 3,500 0.25 1,750 1,000 250 3,000 0.43 8,000 0.40 0 3200 0.20 1,600 1,000 250 2,850 0.36 8,000 0.50 0 4,000 0.25 2,000 1,000 250 3,250 0.41 9,000 0.40 0 3600 0.20 1,800 1,000 250 3,050 0.34 9,000 0.50 0 4,500 0.25 2,250 1,000 250 3,500 0.39 10,000 0.40 0 4000 0.30 3,000 0 250 3,250 0.33 10,000 0.50 0 5,000 0.35 3,500 0 250 3,750 0.38 11,000 0.40 0 4400 0.30 3,300 0 250 3,550 0.32 11,000 0.50 0 5,500 0.35 3,850 0 250 4,100 0.37 12,000 0.40 0 4800 0.30 3,600 0 250 3,850 0.32 12,000 0.50 0 6,000 0.35 4,200 0 250 4,450 0.37 13,000 0.40 0 5200 0.30 3,900 0 250 4,150 0.32 13,000 0.50 0 6,500 0.35 4,550 0 250 4,800 0.37 14,000 0.40 0 5600 0.30 4,200 0 250 4,450 0.32 14,000 0.50 0 7,000 0.35 4,900 0 250 5,150 0.37 15,000 0.40 0 6000 0.30 4,500 0 250 4,750 0.32 15,000 0.50 0 7,500 0.35 5,250 0 250 5,500 0.37 All Lots: All Lots: Lot < 5,000 sf: Lot < 4,000 sf: 2013 FAR Option for N‐C‐L Existing FAR Standard for N‐C‐L Lot Size * 0.40 = Max Floor Area Existing FAR Standard for N‐C‐M Lot Size * 0.50 = Max Floor Area 2013 FAR Option for N‐C‐M Lot ≥ 5,000 and < 10,000 sf Lot ≥ 10,000 sf Lot Size * 0.20 + 1,000 (+250 sf in detached rear accessory structure on lots ≥ 5,000 sf) = Max. Floor Area Lot Size * 0.30 (+250 sf in detached rear accessory structure) = Max. Floor Area Lot Size * 0.40 = Max. Floor Area Lot ≥ 4,000 and < 10,000 sf Lot ≥ 10,000 sf Lot Size * 0.50 = Max. Floor Area Lot Size * 0.25 + 1,000 (+250 sf in detached rear accessory structure on lots ≥ 5,000 sf) = Max. Floor Area Lot Size * 0.35 (+250 sf in detached rear accessory structure) = Max. Floor Area Table 1. Comparison of Existing and Potential Floor Area Ratio (FAR) Standards Neighborhood Conservation, Low Density Zone District (N‐C‐L) Existing Standard Existing Standard Neighborhood Conservation, Medium Density Zone District (N‐C‐M) 2013 Standard 2013 Standard Floor Area Allowance Total Allowed Floor Area 3,000 0.40 0 1200 0.40 0 1,200 0.45 0 1,350 3,000 0.50 0 1,500 0.50 0 1,500 0.45 0 1,350 4,000 0.40 0 1600 0.40 0 1,600 0.40 0 1,600 4,000 0.50 0 2,000 0.50 0 2,000 0.40 0 1,600 5,000 0.40 0 2000 0.40 0 2,000 0.37 0 1,850 5,000 0.50 0 2,500 0.45 0 2,250 0.37 0 1,850 6,000 0.40 0 2400 0.41 250 2,450 0.39 250 2,350 6,000 0.50 0 3,000 0.46 250 2,750 0.39 250 2,350 7,000 0.40 0 2800 0.38 250 2,650 0.37 250 2,600 7,000 0.50 0 3,500 0.43 250 3,000 0.37 250 2,600 8,000 0.40 0 3200 0.36 250 2,850 0.36 250 2,850 8,000 0.50 0 4,000 0.41 250 3,250 0.36 250 2,850 9,000 0.40 0 3600 0.34 250 3,050 0.34 250 3,100 9,000 0.50 0 4,500 0.39 250 3,500 0.34 250 3,100 10,000 0.40 0 4000 0.33 250 3,250 0.34 250 3,350 10,000 0.50 0 5,000 0.38 250 3,750 0.34 250 3,350 11,000 0.40 0 4400 0.32 250 3,550 0.33 250 3,600 11,000 0.50 0 5,500 0.37 250 4,100 0.33 250 3,600 12,000 0.40 0 4800 0.32 250 3,850 0.32 250 3,850 12,000 0.50 0 6,000 0.37 250 4,450 0.32 250 3,850 13,000 0.40 0 5200 0.32 250 4,150 0.32 250 4,100 13,000 0.50 0 6,500 0.37 250 4,800 0.32 250 4,100 14,000 0.40 0 5600 0.32 250 4,450 0.31 250 4,350 14,000 0.50 0 7,000 0.37 250 5,150 0.31 250 4,350 15,000 0.40 0 6000 0.32 250 4,750 0.31 250 4,600 15,000 0.50 0 7,500 0.37 250 5,500 0.31 250 4,600 All Lots: All Lots: Lot < 5,000 sf: Lot < 4,000 sf: 2011 Standard Comparison of Existing and Potential Floor Area Standards 2011 Standard Existing Standard 2013 Standard N‐C‐L N‐C‐M Existing Standard 2013 Standard Lot Size * 0.50 = Max. Floor Area Lot ≥ 4,000 and < 10,000 sf Lot Size * 0.25 + 1,000 (+250 sf in detached rear accessory structure on lots ≥ 5,000 sf) = Max. Floor Area Lot ≥ 10,000 sf Lot Size * 0.35 (+250 sf in detached rear accessory structure) = Max. Floor Area Lot ≥ 5,000 and < 10,000 sf Lot ≥ 10,000 sf Lot Size * 0.20 + 1,000 (+250 sf in detached rear accessory structure on lots ≥ 5,000 sf) = Max. Floor Area Lot Size * 0.30 (+250 sf in detached rear accessory structure) = Max. Floor Area Lot Size * 0.40 = Max. Floor Area 2013 FAR Option for N‐C‐L Existing FAR Standard for N‐C‐L Existing FAR Standard for N‐C‐M Lot Size * 0.40 = Max Floor Area Lot Size * 0.50 = Max Floor Area 2013 FAR Option for N‐C‐M ATTACHMENT 5 impact on  Overall F  Should th  Do large Easts Janua ood working included a s of the recom written and v do you live? 3 people atte or owners w comments ards? ome owner to n-law unit fo I really like the crazy wi ward to calc d a two car g proposed fo asurements f r of adjacent in right direc 5,000 sq.ft. guring ratios ation? the height of rregular lot s ch flexibility how the garag his different for review. out shifting m ent propertie ny lots woul reduced FAR n smaller lot FARs are low he FAR of 0 patios and d side and We ary 16, Summ group meeti staff overvie mmended stra verbal comm Do you ow ending the m within the tw and feedba o distribute m or lots under this change. illy nilly stuf culating how garage. r std’s from ground t homes. ction – looks to table. , is preserva f a basement sizes/lot con y is allowabl ge is counted from the pre more square es than havin ld fit into the R, which is p ts, especially wer, but con .33 for the b decks count t stside Neigh 2013 W mary of ings were he ew presentati ategy option ments receive wn or rent? meeting, two wo neighborh ck on the po more of the r 10,000 sq.f It seems to ff that’s been w new standa d level vs. rai s good to me ation of solar t that is inclu nfigurations h le? d – would ge evious FAR e footage to t ng a larger h e under 40’ w probably ok o y when you a struction stil back half of t toward FAR hborhoods C Working Public eld on Janua ion of potent ns from the E ed by staff: did not own hoods. otential rev sq.ft. to the ft. o be still very n going on. ards would af ised. Apprec e but photo e r access of ad uded in FAR handled? et a 250 SF e ? Concerne the back of th house or addi width except on larger lot add in the im ll tends to fa the lot be ret R? Character St g Grou Comm ary 16, 2013 tial new Lan Eastside & W n or live in th visions to exi back of the y gracious to ffect my pla ciate the rev examples wo djacent prop R measureme exception fo d about proc the lot (i.e. in ition near th tion? ts of 9,000 sf mpacts of the all within thi tained or rem tudy up Meet ments with 22 in a nd Use Code Westside Nei he two neigh isting maxim lot such as a o new builde ans to demoli vision to FAR ould be nice. perties (rear y ent? or a detached cess and this nto carriage he front of th f or 10,000 s e solar acces is formula. moved – give ting attendance. T e changes rel ighborhoods hborhoods an mum floor a a carriage ho ers while reig ish my one c R in keeping . Add actual yards) taken d garage. s being done house) – ma he lot sf but concer ss requireme en these low The agenda lating to s Character nd 21 are area ratio ouse or gning in car garage g with the l FAR for n into too quickly ay be better rned about ents. wer FARs? ,  A change fill dirt h than plen logic beh Easts Januar open house eeting reflect and verbal c ges relating t borhoods Ch written and v do you live? 2 people who hborhoods a ns should be eighborhood ation Action existing des fication of va ntary design wall height m area ratio (F tial Actions: alconies as p er action on discussions rovements fr see if you ca symmetrical eady remove comments with the new hange 250 sq e to the floor hauled in to i nty. GARAG hind the addi side and We y 30, 20 Summ meeting wa ted an inform omments. S to implemen haracter Stud verbal comm Do you ow o signed our and 28 are re e adopted to ds? (Numbe n sign assistanc ariances guidelines measurement FAR) measur art of FAR any non-vol among neig rom previous an tweak lim l roofs. Ask ed by commu on the pote ways of mea q.ft. to 500 s r area ratio c ncrease grad GES SHOUL itional 600 s stside Neigh 013 Pub mary of s held on Jan mal “drop in Staff also pro tation of the dy. ments receive wn or rent? r roster, 33 c esidents or ow o address th ers in Table ce t rement luntary issue ghbors prior t s (2010?) pro ited side wa k Boulder how unity. Help ntial revisio asuring FAR sq.ft. calculation, t de, inappropr LD COUNT q.ft. garage! hborhoods C blic Op Public nuary 30, 20 n” style for ci ovided two b e recommend ed by staff: ompleted a c wners within he identified represent # Imple 19 Revis standa 19 Limit 21 Addre 19 Addre 17 Take n es to large prop oposal ll height to p w they will f folks with d ons to existi R & sliding s to count high riate. I feel T TOWARD If someone Character St pen Hou Comm 013 with an e itizens to rev brief overvie ded strategy comment sh n the two ne d objectives # of people r ementation e maximum ards side wall he ess front faça ess side faça no action posed chang promote sola fix this prob design!! ing maximu scale by lot s h ceilings, is that 40% an S THE PER e wants a sm tudy use Me ments estimated 60 view the pro ew presentati options from heet. Five di ighborhoods and issues responding Action m floor area ra eight to prom ade characte ade character ges ar access so blem. um floor are size s appropriate nd 50% floor RCENTAGE maller house eeting 0-70 in atten oject informa ions of the p m the Eastsid d not own or s. for the East to question atio (FAR) mote solar ac er r we don’t ge ea ratio (FA e. The chang r area ratios . I never un and a larger ndance. The ation and proposed de & r live in the tside and ) 16 ccess 19 17 13 8 t a bunch of AR) ge to address are more nderstood the r garage, 6 9 7 3 8 f s e ATTACHMENT 2