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HomeMy WebLinkAboutMINUTES-02/26/2013-AdjournedFebruary 26, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, February 26, 2013, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Horak, Manvel, Ohlson, Poppaw, Troxell, and W eitkunat. (Secretary's note: Councilmember Kottwitz arrived at 6:02 p.m.) Staff Members Present: Atteberry, Nelson, Roy. Resolution 2013-015 Accepting Advisory Opinion and Recommendation No. 2013-01 of the Ethics Review Board, Adopted The following is the staff memorandum for this item. "EXECUTIVE SUMMARY Under City Code Section 2-569, City Councilmembers may present to the Council Ethics Review Board inquiries regarding the application ofstate or local ethical rules to actual or hypothetical situations involvingpotential conflicts ofinterest. On February 25, 2013, the Ethics Review Board met for the purpose of responding to an inquiry submitted to the Board by Councilmember Wade Troxell. The question submitted is whether, in the Board's opinion, Councilmembers Ben Manvel and Gerry Horak have a conflict of interest in participating in an upcoming decision of the City Council. pertaining to the ordinances implementing the Eastside and Westside Neighborhood Character Study, as both Councilmembers live within the area ofaffected by the Study. As required by the Code, the Board has met, reached an opinion, and forwarded its opinion to the full Council for its consideration. Adoption of the Resolution would indicate that the majority of the Council agrees with the Board's opinion. " City Attorney Roy stated the Ethics Review Board was convened to consider a question raised by Councilmember Troxell as to whether Councilmembers Horak and Manvelhave a conflict of interest regarding the Eastside/Westside Neighborhoods Character Study. The Board rendered the opinion, after receiving input from staff, that they do not have a conflict. Council must now consider the opinion and decide whether or not to adopt the opinion. Councilmember Poppaw stated the Ethics Review Board found there would be no direct or substantial detriment or benefit to either Councilmember. 370 February 26, 2013 Councilmember Poppaw made a motion, seconded by Councilmember Troxell, to adopt Resolution 2013-015. Councilmembers Horak and Manvel recused themselves from voting on the matter. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 033, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study (Option A or Option B), Adopted Option A on First Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The Eastside and Westside Neighborhoods Character Study represents an assessment of neighborhood compatibility issues related to impacts of larger new construction projects. In comparison to the previous 201012011 Study, which focused on building size impacts, this Study takes a broader look at the character and context of the neighborhoods including building size and design compatibility. Staff has prepared two options for Council to consider for the proposed package of potential Land Use Code (LUC) amendments to be included in the Ordinance at First Reading. Option A reflects a package of Land Use Code amendments implementingfive recommended strategy options as well as a revision of existing FAR standards using a new formula. Option B reflects a package ofLand Use Code amendments implementingfive recommended strategy options, but does not include a revision to existing FAR standards. BACKGROUND /DISCUSSION Staff initiated the Study in June 2011, after receiving direction from City Council to take a new and broader look at neighborhood compatibility and character issues in the core area neighborhoods near downtown. The Study is in response to continued concerns with potential impacts of larger additions and new construction in the city's oldest neighborhoods. A similar study was conducted in 2010for the Eastside and Westside neighborhoods with a resulting Ordinance approved by City Council that was later repealed in response to a citizen petition. While the previous effort led to a primaryfocus on building size aspects, the current study emphasizes a broader perspective to understand the character, larger context ofcompatibility, and threshold for change in these neighborhoods. 371 February 26, 2013 The initial directionfor the new study began with a goal developed by a Council Ad Hoc Committee to: Retain and enhance the unique character and context of the neighborhoods as they continue to change with renovations, additions, and new housing construction, with a well -supported and effective public process resulting in appropriate and mutually agreeable solutions. The Study is summarized in a highly illustrated Strategy Report with information on the character and context of the neighborhoods, community engagement, issues, and strategy options for City Council consideration(www.fcgov.comleastwestneiehborhoods). The Study identified and clarified a number of key issues with ongoing changes that affect existing residents and the unique character and context of the neighborhoods. These issues led to the strategy options. Key issues include: New construction that appears to be overly large in relation to its context Building walls that appear to loom over neighbors Reduced solar access/shading issues Incompatible design features Loss of older/more affordable houses that make the neighborhoods unique Loss ofgreen space and mature trees The Study process included extensive public outreach that included identification ofneighborhood objectives and issues, and defining. The Study process and findings are summarized in a final Strategy Report. This report also includes staffrecommendationstoimplementfivestrategy options that were presented to City Council at the Work Session on November 27, 2012. The staff recommendations at that time did not include revising existing Floor Area Ratio (FAR) standards, because the team concluded the proposed design standard sufficiently addressed neighborhood compatibility issues, and revising the FAR did not reflect a mutually agreeable solution from the public. City Council subsequently directed staff to proceed with implementation of those strategy options, including development of the formula to revise the existing maximum FAR standard. Some of these strategies involve Land Use Code changes that are the subject of the Ordinance, and others are administrative or involve future actions as follows: Promote the City's existing Design Assistance Program. This involves ongoing administrative actions, including such measures as a marketing brochure, newsletter, neighborhood mailings, and posting program information online. Expand neighborhood notification of variance requests. Create voluntary design handbooks/guidelines to provide specialized information for interested owners and builders on compatible development in unique character areas throughout the neighborhoods. These products would be developed as part offuture planning efforts that will need to be budgeted and incorporated into the staff work program. Staff is recommending implementation of this action concurrent with neighborhood plan updates for the Eastside and Westside neighborhoods in 2014.. Adjust existing height -at -setback and floor area ratio (FAR) measurement methods in the Land Use Code for the N-C-L and N-C-M zoning districts 372 February 26, 2013 • Address building mass and solar access, including revisions to existing FAR standards, and new design standards to address mass and solar impacts. • Illustrate the effect of potential standards on new construction. A series of public meetings were held in January 2013 to present a draft potential package of Land Use Code amendments to implement the strategy options. Staff received a mix of opinions from the public on the proposed standards, especially relating to revisions to the Far standards. An additional Council work session was held on February 12, 2013 to discuss options for FAR standards, which included direction for staff to describe these options for Council to consider on First Reading. L DESCRIPTION OF ORDINANCE OPTION A (WITH NEW FAR FORMULA) This option reflects a package of Land Use Code (LUC) amendments that implements the five recommended strategy options, as well as a revision to existing FAR standards using a new formula. More specifically, it includes clarifying Code terminology and formatting, expanded notice for variance requests, revising the existing FAR standard using new formula, adding new adjustments to the FAR measurement method for calculating building square footage, and incorporating new design and solar access standards. Following is a brief summary of potential Land Use Code changes contained in the proposed Ordinance (Option A). 1. Expand notification area for variance requests. This LUC change would add a new standard regarding neighborhood notification for Zoning Board of Appeals (ZBA) variance requests exceeding a certain project size threshold. Staff recommends that the notice area for ZBA hearings be extended from 150 feet to 500 feet for variance requests for certain size construction and other thresholds (Attachment 3). 2. Address building massing and scale (Revised FAR Standard). The staff recommendation outlined in the strategy report did not include a revision to the existing FAR standards because other recommended tools were seen to su.ficient[y 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: • Addresses projects identified as appearing overly large in relation to their context while allowing flexibility for new construction and home expansion; • Promotes the scale of new construction that.was most often identified as compatible in community workshops and the online visual survey; 373 February 26,.2013 Works in concert with other recommended tools such as reduced wall heights for solar access and additional buildingdesign 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 works in combination with other tools that also address identified issues with new construction that appears to be overly large in relation to its context, building walls that appear to loom over neighbors and reduced solar access. New FAR Formula The firstproposed 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. N-C-L N-C-NI Lot<5,000 sf = 0,40 Lot<4,000 Sf = 0.50 Lot? 5,000 sf and<10,000 sf = 0.20 + 1,000 sf I Lot24,000 sf and<10,000 sf = 0.25 + 1,000 sf Lot>_ 10,000 sf = 030 1 Lot>_ 10,000 sf = 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 (ace.) structure on a lot of 6, 000 square feet or more, for a total of 3, 000 square feet. The sliding scale would generally result in reductions of allowed floor area for larger lots in both districts. New FAR Measurement Method This change incorporates adjusted measurement methods for calculating floor area, as. recommended in the Strategy Report. These proposed measurement method adjustments address the issues of high volume spaces not being counted as floor area (which created the potential for single -story homes being twice as large as a two-story home). This includes basementfloor area in calculation where the new construction raises the finish floor elevation above a certain threshold, and provides some allowance for accessory structures to promote separate building masses. Option A further addresses building mass and scale impacts by combining a reduction in overall building size (reduced FAR), with new design standards to shape building facade features. 374 February 26, 2013 3. Adjust ineasurementinethodfor building wallheight and reduced heightfor solar access. The firstpart of this Code change adjusts the method for measuring building height at the minimum side yard setback to better account for the impact of tall walls on raised grade. Staff recommends implementation ofa revised measurement method for maximum height (18feet) 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 thepotential solar access impacts oflarge 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 to 14 feet from the currently allowed 18 feet and 'the side wall height could increase by one foot for each foot of additional setback. 4. Add new standards for building facades over certain size thresholds. Facade design standards are proposed to provide a menu of options to shape the character offront 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 ofthe 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. IL DESCRIPTION OF ORDINANCE OPTION B (RETAINEXISTING 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 formatti ng, expanded notice for variance requests, retaining the existing FAR standard formula, adding new adjustments to FAR measurement method for calculating building square footage, and incorporating new design and solar access standards. Ordinance Option B contains the same standards as Option A, except for the FAR formula. Option B reflects the staff recommendation described in the Strategy Report, and presented to Council at the November 27, 2012 Work Session. The staff and consultant team concluded in the report that the proposed package of new design standards, without a reduction in FAR, would address most identified mass and scale issues with larger new construction while allowing flexibility for home expansion. New construction that appears to be overly large in relation to its context was often cited by residents as a key issue in the neighborhoods. Many residents also felt that FAR reductions would be the most effective tool for addressing this issue. However, when presented with alternative design scenarios in community workshops and surveys, many participants selected alternatives that incorporate design elements other than floor area reductions. This indicates that design elements 375 February 26, 2013 apart from overall size contribute significantly to neighborhood compatibility. The recommended design standards within Ordinance Option B address these key design elements while allowing flexibilityfor home expansion. Comparison of 2011 Ordinance and proposed 2013 Ordinance At the November 27, 2012 work session, Council directed staff to develop the proposed 2013 Ordinance. Staffprovided a comparison of the previous 2011 Ordinance that was repealed, with the proposed 2013 Ordinance (Attachment 4). Staff believes the proposed 2013 Ordinance, as a package of proposed changes, is noticeably different from the previous 2011 Ordinance. The key changes include: No requirement for Landmark Preservation Commission recommendations on variance requests • New expanded notification area for some variance requests • New thresholds for applying all new standards in both districts Different formula for calculating maximum Floor Area Ratios (FARs) • FARs applied separately to the N-C-L and N-C-M districts • FARs applied on a sliding scale, based on lot size • More generous FAR allowance in the N-C-M district, and • New standards for solar- access and buildingfront and side_fagade design. FINANCIAL / ECONOMIC IMPACIS Urban Advisors was contracted as a sub -consultant to analyze the economic impacts ofrevising the existing FAR standards as described in Option A. The analysis and findings are included in a report (Attachment 6). The summarized conclusions from the report include: While overall values increase with house size, the value per square foot tends to decline, especially for houses with more than 2,000 square feet of/loor area or FARs above 0.30. Based on existingproperty values, and the potential sales prices ofnew or expanded homes, most redevelopment is likely to occur on small to average sized lots (4,000 to 10,000 square feet) in the N-C-Mzone district (115 to 125 such properties present prime redevelopment opportunities under current market conditions). The proposed reduction in maximum permitted FAR (Ordinance Option A) would not significantly affect redevelopment opportunities in the neighborhoods because the most profitable opportunities tend to be at FARs lower than the proposed limits. The proposed reduction in the maximum permitted FAR (Ordinance Option A) is not likely to have a significantly positive or negative- impact on.the affordability of housing in the neighborhoods. ENVIRONMENTAL IMPACTS Staff finds no direct or definable impact "on environmental resources with any of these implementation items. 376 February 26, 2013 BOARD / COMMISSION RECOMMENDATION At its regular meeting on February 7, 2013, the Planning and Zoning Board voted 4-1 to recommend adoption of Ordinance No. 33, 2013, Option B. The Landmark Preservation Commission is scheduled for a regular meeting on February 13„2013. Minutes from this meeting will be forwarded to Council prior to Second Reading on March 5. The Zoning Board of Appeals is scheduled for a regular meeting on February 14, 2013. Minutes from this meeting will be forwarded to Council prior to Second Reading on March 5. The Building Review Board is scheduled for a regular meeting on February 28, 2013. Minutes from this meeting will be forwarded to Council prior to Second Reading on March 5. PUBLIC OUTREACH The following activities were included in the public process used for this study: Phase I — Understand the character and context of the neighborhoods (May — July 2012) • Email notice for meetings, post card mailingfor workshops • Posted project information on web page • Initial working group meetings (June) • 2 public work shop meetings (July 10112) • Online questionnaire • Updates to boards and commissions • City Council work session (July 24) Phase 2—Develop a Strategy (August —November 2012) • Series of working group meetings (August/September) • On-line survey • Public workshop meeting (November 5) • Updates to boards and commissions • City Council work session (November 27) Phase 3 —Implementation of Strategy Options (December 2012 — February 2013) • Series of working group meetings (January 16, 2013) • Public Open House meeting (January 30) • Updates to boards and commissions • Planning and Zoning Board Hearing —Recommendation (February 7) • City Council Work Session (February 12) • Landmark Preservation Commission Hearing — Recommendation (February 13) • Zoning Board of Appeals Hearing - Recommendation (February 14) • City Council First Reading of Ordinance (February 19) • Building Review Board Hearing —Recommendation (February 28) • City Council Second Reading of Ordinance (March 5) " 377 February 26, 2013 Pete Wray, City Planner, reviewed the Ordinance which would adopt five recommended strategy options for implementing the Eastside/Westside Neighborhoods Character Study. Option A would include a revision to the existing floor area ratio formula, option B would leave the current formula in place. Mayor Weitkunat asked about the complexity of the floor area ratio changes. Wray replied the intent of reducing the floor area ratio formula was to address the recognized largest building projects in the neighborhoods and to limit the total size of additions and new construction slightly, while still providing enough flexibility for most other projects. Mayor Weitkunat asked why staff has proposed a possible change in the floor area ratio formula. Abe Barge, Winter & Company, stated Council has the option to leave the floor area ratio as is. it was determined there are certain interior designs that result in more extensive exterior massing; the new floor area ratio formula would aid in accounting for those types of designs. Councilmember Troxell asked how many properties would be affected by the change. Barge replied the vast majority of properties are below the maximum floor area ratio limit. Nore Winter; Winter & Company, replied there was never a clear line where FAR always resulted in good projects below a certain number, because other aspects of mass, scale, wall height, and articulation also affect the perception of buildings. These tools were designed to work in concert with one another. Councilmember Troxell noted the citizen petition which repealed the previous Eastside/Westside regulations was primarily due to the FAR ratio. He questioned its inclusion in this package. Barge stated staff would not make a recommendation between the two options as they both address the issues and objectives which resulted from the public process. Option A does go further in addressing the issues, but it does include the FAR tool that has some controversial history. Councilmember Troxell asked about lot sizes and shapes. Winter replied most of the lots in these areas are basically rectangular; however, there are areas with odd -shaped lots. Councilmember Troxell asked how the FAR would take into account, for example, a long, slender aspect ratio of a lot. Barge replied the FAR does not specifically address the lot configuration; it is about overall mass and scale. Councilmember Troxell noted these neighborhoods are diverse rather than uniform and asked how the FAR addresses block faces. Barge replied the FAR is only differentiated based on lot size and zone district and noted none of these tools will impact diversity. Councilmember Troxell asked how trees are addressed in solar access. Winter replied they are not addressed and noted this is typical of solar access standards nationwide. Councilmember Troxell asked about east -west solar access. Winter replied the proposed standard would only address north -south solar issues. 378 February 26, 2013 Mayor Weitkunat noted the sliding FAR deals with the outlying, overly large construction projects. She asked if another tool would accomplish this goal. Winter replied the tools that are part of Option B also address those objectives; however, some participants have felt that option is not direct enough, particularly when looking at the overly large projects. Councilmember Manvel noted the majority of citizen input showed size was a more major concern than design when looking at these neighborhoods. Councilmember Kottwitz asked about capital impact fees being higher for smaller homes. Mayor Pro Tern Ohlson stated the impact fee process has been examined and the increases, not the fees themselves, would be higher for smaller houses as it was discovered there are more individuals, on average, in smaller homes than once thought. Winter noted the issues are not related. Councilmember Kottwitz asked when the Planning and Zoning Board had received this information. Wray replied they received their initial packets as usual and then received the amendment with the two options prior to the meeting. Councilmember Kottwitz asked about the staff recommendation. Winter replied staff is recommending adoption of the Ordinance, but is not making a recommendation related to the Options. Councilmember Horak asked how balconies or decks are included. Winter replied the Ordinance is written so as to not count balconies or decks as floor area, unless they are roofed and enclosed on more than two sides. The goal with this is to mitigate mass and scale issues. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 033, 2013, Option A, on First Reading. Councilmember Manvel cited the examples shown by staff and discussed a spreadsheet he created which illustrated that some of the homes which are looked at negatively would still be allowed under the existing FAR. He stated the proposed new FAR is quite different and less strict than the FAR which was put in place two years ago. He supported Option A as a reasonable change. Councilmember Troxell noted there are other issues related to properties, such as floodplain, which are neglected as part of Option A. He stated he would not support the option. Councilmember Kottwitz expressed concern Council would not have had input from boards and commissions had the First Reading occurred as scheduled. She expressed appreciation for the diversity of the Old Town neighborhoods and disagreed that these standards are appropriate. Mayor Pro Tern Ohlson stated he would support Option A as it is a miniscule tweaking of the FAR. Councilmember Kottwitz requested information related to shading in other neighborhoods prior to Second Reading. Councilmember Manvel asked if staff and the consultant team is of the opinion that the rules without the FAR are sufficient to prevent the extra -large houses. Winter replied the team had been 379 February 26, 2013 instructed to look at mutually -agreeable solutions. The initial recommendations were softer as the team knew it would receive some direction from Council. Councilmember Horak stated the FAR change makes sense and the overall process did result in addressing citizen concerns. Mayor Weitkunat stated all parties agree on the majority of the regulations; however, the FAR has been a point of controversy, and therefore may not be the correct solution. The vote on the motion was as follows: Yeas: Marvel, Ohlson, Poppaw and Horak. Nays: Weitkunat, Kottwitz and Troxell. THE MOTION CARRIED. Resolution 2013-013 Adopting the Student Housing Action Plan, Adopted The following is the staff recommendation for this item. "EXECUTIVE SUMMARY At the direction of City Council and with the adoption of City Plan, staff initiated a Student Housing Action Plan (SNAP or the Plan) project to address the increasing need for multi family student housing and the potential negative impacts to and compatibility concerns of existing single-family neighborhoods. The project has involved working with Colorado State University (CSU), Front Range Community College (FRCC), neighbors, students, developers, and other stakeholders to identify strategies and recommend action items. The feedback received throughout the public engagement process drove the development of the proposed action items within the Plan. The Plan provides a mechanism to achieve the mission of SHAP by identifying needs and concerns, evaluating existing conditions and future projections, and proposing action items on a variety of housing and behavioral issues related to student housing. The Plan will serve as a guidefor addressing student housing issues by City staff, City Council, and the community. BACKGROUND /DISCUSSION The SNAP project began in March 2011 and was most recently discussed at the City Council Work Session on December 11, 2012. City Council directed staff to bring the Plan to City Council for formal consideration on February 19, 2013, and to move forward with the identified action items. Updates were provided to the Affordable Housing Board, the Landmark Preservation Commission, the Air Quality Advisory Board, the Building Review Board, and the Planning&Zoning Board_ The Planning and Zoning Board voted to recommend adoption of the Plan. The Plan provides a vision to achieve the overall SHAP mission of developing community driven strategies that encourage quality student housing while maintaining neighborhood quality and compatibility. 380 February 26, 2013 The City, through the City Plan process, identified a need to address student housing now and into the future. Fort Collins is experiencing an increase in population and student enrollment, very low vacancy rates, a limited supply ofmulti family housing, and challengesinaddressing neighborhood concerns with new multi family development projects. These factors drove the need for the development of strategies and action items to help facilitate housing supplies while addressing negative impacts upon existing single-family neighborhoods. The Plan provides background information and data including: • Applicable City Plan policies • Land Supply and Growth policies for Fort Collins • Student Enrollment Data and Projections • Multi family Vacancy Rates in Fort Collins • Multi family Average Rents in Fort Collins • CSU On -Campus Housing Supplies (now and into the future) • Off -Campus Housing Supplies and Developments • Student Housing Preferences SHAP implemented a diverse and in-depth process that included a heavy emphasis on stakeholder engagement, background research, data collection, and action item development and implementation time frames. The primary working group included CSU and City staff, stakeholders from CSU, Front Range Community College (FRCC), student government, students/tenants, neighbors, property owners, Fort Collins Board of Realtors, developers/designers, and others. The Center for Public Deliberation assisted with much of the public engagement process including several focus groups (both individual stakeholder groups and combined), surveys, and a large deliberative dialogue. Additional engagement methods included a webpage with current information, presentations and important dates, an on-line survey, use ofsocial media, an open house, and meetings with Boards & Commissions and professional groups. Feedback received through the engagement process shaped the development of the action items in the Plan. Action Items In the spring and summer of 2012, while the SHAP process was underway, City Council directed staffto bring specific action items forward for immediate consideration in an effort to more quickly address concerns raised by residents about the adverse impacts oflarger multi family developments occurring near existing single-family neighborhoods. As a result, some Land Use Code (LUC) amendments that address compatibility concerns were adopted in the fall of 2012. During these discussions, Council referred three items back into the SHAP process for further discussion: Operations, Security and Management Plans; Limit 4+ bedroom units in multi family developments; and University District or Overlay. SHAP stakeholders discussed these items, and some of their recommendations are included in the identified action items. The action items included in the Plan are split into four categories: Near -term Action Items (2013) 930 February 26, 2013 Longer -term Action Items (2014 and beyond) Action Items that do not need Formal Council Consideration Action Items Proceeding in other Processes Near -Term Action Items (2013) The following action items will be brought to City Council and the Planning and Zoning Board for formal consideration in 2013. The first three items can be prepared relatively quickly and will be brought to City Council on March 5, 2013. The last two items need more time fully develop, so formal consideration will happen during the annual Land Use Code (LUC) update in June. Near Term Action Itent Concern Addressed Improve understanding of compatibility by modifying the LUC to Compatibility include clear examples (photos, drawings) of what is allowed in certain zones. 2. Amend Medium -density Mixed Use Neighborhood (MMN) district Compatibility development standards and LUC Sec. 3.8.30 multi -family standards to specify that no vehicular use area can be placed in the said setback from single- and two-family dwellings. Also, consider landscape requirements for this setback. 3. Better define and amend the LUC Sec. 3.8.16 (E) (2) requirement that Intensity of 4+ 4+ bedroom developments need to provide additional open space, bedroom u n i is, recreation areas, parking areas and publicfacilities as are necessary compatibility to adequately serve the development and excepting the Transit - Oriented Development (TOD) Overlay Zone. 4. Define different multi family housing types (rather than just the broad Compatibility multi family definition). The requirement for multiple housing types could be used as a gradient ofdevelopment between proposed multi- family and existing single-family. 5. Confirm that the uses, development standards and density allowances Compatibility in the Neighborhood Conservation Buffer (NCB) district are consistent with the intent and purpose of the district appropriate sub- area plans in that it provides a transition between residential neighborhoods and commercial -use areas. Longer -Term Action Items (2014 and beyond) The following action items need further development and public outreach before bringing them to Council for formal consideration. Longer Tern: Action Item Concern Addressed 1. Build an above- or below -grade pedestrian/bicycle crossing at or near Traffic and Safety Shields and Elizabeth Streets. This item would need two to three years to develop and fund — Requiresfurther involvement and developmentfrom Transportation Planning and Engineering and coordination with CSU. 2. Consider requiring property managers/owners to provide City Accountability 382 February 26, 2013 ordinance information to their tenants at lease signing. • This could be accomplished relatively quickly (one year) — it would require additional public outreach. Form an on -going advisory committee made up of City, CSU, FRCC, Accountability and neighbors, students, property managers, Police, and Associated Education Students of CSU (ASCSU) to guide City Council on student housing issues. • This could be accomplished relatively quickly (one year) —it would require staff support. Consider a Rental Licensing Program to ensure health/safety of units, Accountability and data regarding rentals, increased accountability ofthe rental business. Education Require all landlords to take the Landlord Training provided by the City. • Council has considered Rental Licensing and Registration Programs in the past and could be revisited. • Would require one to two years forfuriher research and significant ° outreach The Plan also includes a number of action items that do not require formal Council consideration that staff will begin implementing. These include increased education about the enforcement process and data related to enforcement, increased enforcement of nuisance and noise ordinances in areas with a high concentration of complaints, increased education to parents of students, and incentives for students to attend educational programs. Lastly, the Plan has several action items that are either moving forward in a separate process or are the responsibility of CSU. CSU has been involved in the SHAP process and is committed to implementing these items. The City's Parking Plan, West Central Neighborhoods Plan update, and Phase 3 ofthe Transit Plan are all supported by the Plan and include SHAP recommendations. The items that are the responsibility of CSU include on -campus parking and fees, on -campus housing, options for public/private partnerships, and increased communications about on -campus housing updates. Plan Implementation, Monitoring and Review Implementation of the Plan will occur as indicated below: • Near -Term Action ItemsSpring 2013 • Longer -Term Actin Items2014 and beyond • Action Items — No Council Action 2013 • Action Items In Other Processes2013 and beyond The Land Use Code items will impact new development as it occurs. Other items are new initiatives that will need to be accommodated infuture workplans and, ifnecessary, accommodated into future capital and/or operating budgets. Most items are recommended to be implemented as soon as possible, and some will be implemented immediately. The action items will be monitored regularly to ensure they are meeting the desired outcomes and to recommend any needed changes. 383 February 26, 2013 Full implementation of the action items in the Plan will have a cost. The action items fall into the following three categories with respect to the need for resources: Existing Resources — Items that can be accomplished with existing resources and will not add costs to the City. These items include all of the Near -term Action Items. Additionally, all of the educational program improvements will be implemented using existing resources. Additional Resources Needed — Some of the action items will need additional resources to be implemented. All of the Longer -term Action Items require some level of additional resources. The details for the costs of these items will be included in the materials provided to City Council when these items are individually broughtforward forformal consideration. 3. Resources Identified in other Processes — The action items that are proceeding in other processes will identify funding needs within the process they are moving forward in. For example, the City Parking Plan will identify the funding needs for implementation of that plan. Additionally, the items that are the responsibility of CSU will use CSU resources for implementation. ENVIRONMENTAL IMPACTS The Plan will not have any direct environmental impacts; however, the individual action items will address environmental impacts during the review process for those specific items. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board voted 5-0 to recommend approval of the Student Housing Action Plan. General support was given by the Landmark Preservation Commission, Building Review Board, and the Air Quality Advisory Board. Although the Affordable Housing Board was primarily supportive, the Board expressed concern on some of the specific action items. PUBLIC OUTREACH Public outreach included the following: • Throughout theprocess stakeholders, which includedAssociated Students ofCSU (ASCSU), FRCC Student Council and administration, CSU and FRCC students at large, neighbors, Fort Collins Board of Realtors, developers and designers, Northern Colorado Rental Housing Association, property managers/landlords, and property owners were utilized for focus groups, dialogues, and general feedback. • Presentations and updates were provided to several boards and commissions, as well as professional organizations throughout the process. • Awebsite was developed specifcallyforSHAPtoprovidedetailed information, updates, and to seek input. Additionally, a survey was put onto the website as a more convenient way for the general public to provide feedback about the draft action items. • Social media tools were used to generate interest and direct people to the website. • After the action items were drafted, a public Open House was held to gather more general public feedback on the draft action items. 9M February 26, 2013 A student survey of rental housing preferences was conducted in 2011 and 2012 with updates planned to occur annually. " Beth Sowder, Neighborhood Services Manager, stated this process was initiated at the direction of Council to address the increasing need for multi -family student housing, and the potential negative impacts to, and compatibility concerns of, existing single-family neighborhoods. The Plan will serve as a guide for addressing student housing issues by staff, Council, and the community. Sowder reviewed the process of development of the Plan and stated the action items included in the Plan are split into four categories: near -term action items, longer -term action items, administrative action items, and action items that are also proceeding in other processes. Sowder reviewed the timeline for the action items. Staff recommends adoption of the Plan and the Planning and Zoning Board also voted to recommend approval. General support was provided by other boards; however, the Affordable Housing Board did express concern regarding specific action items. Ross Conniff, 2267 Clydesdale.Drive, stated this Plan is a decent start but stated more work needs to be done. He requested energy use also be considered as part of the Plan. Lea Hanson, Women's Commission Member, supported the creation of multi -family units and questionedhow some of the components of the Plan may affect future development. Joel Rovnak, 1308 Bennett, stated the Plan provides some hope to neighborhoods and stated the Plan would not eliminate multi -family developments. He supported adoption of the Plan. Mike Pruznick, 636 Castle Ridge Court, suggested support for this Plan could be indicative of City support for the proposed on -campus stadium. He encouraged a thorough discussion prior to a vote. Astrid, 507 Mathews, expressed concern regarding unintended consequences of this Plan and noted there are many non -student, older residents who also desire smaller, high -density housing. Jeffrey Martin, Fort Collins Board of Realtors Chairman, expressed appreciation for the efforts of staff and stakeholders in this process. He noted multi -family housing is not all student housing and expressed concern this Plan could have a negative impact on multi -family housing. He opposed the reintroduction of rental licensure as part of the long-term approach. Francie Martinez, Fort Collins Board of Realtors Chair -Elect, stated regulations for student housing should be different from regulations for traditional multi -family housing. She opposed rental licensure and supported adoption of a Plan that strikes the requirement for four -bedroom units and strikes the requirement for additional parking in the Transit Overlay District. John Dietrich, ASCSU, stated college students need to be more engaged in this process. Clint Skutchan, Fort Collins Board of Realtors CEO, opposed the length of the process and encouraged Council to discuss its rationale regarding decisions relating to housing. He stated some of the items in the Plan are very intrusive on multi -family housing for the city's future. Mayor Weitkunat asked about the action items which are set to come before Council on March 5. Laurie Kadrich, Community Development and Neighborhood Services Director, replied those action items came about as staff worked on the first phase of Land Use Code amendments to address February 26, 2013 compatibility issues. These items have been through the Planning and Zoning Board and are ready to be heard by Council. Mayor Pro Tern Ohlson asked about the parking requirements of the Transit Overlay District. Kadrich replied the proposal that will come before Council on March 5 will not include parking requirements for four -bedroom or greater units within the TOD. Mayor Pro Tern Ohlson noted the Planning and Zoning Board expressed concern about the impact of parking on neighborhoods. Sowder clarified the Board recommended adoption of the Plan and voted to exempt the parking requirement from the TOD when it considered the specific action items. Councilmember Horak made a'motion, seconded by Councilmember Manvel, to adopt Resolution 2013-013. Councilmember Horak made an amendment, seconded by Councilmember Troxell, to remove consideration of a rental licensing program from the Plan. Councilmember Horak stated the extension of the committee will allow the ability to look at the possibility of a rental licensing program in the future. Mayor Pro Tern Ohlson stated he would not support the amendment as an appropriate rental licensing program makes sense for the future. Councilmember Troxell supported the amendment as the advisory committee could provide a recommendation in the future. Councilmember Poppaw noted the Plan does not require a rental licensing program, but suggests consideration of such a program in the future. Kadrich replied citizen input has varied on the issue. The vote on the motion to amend was as follows: Yeas: Weitkunat, Horak, Troxell, and Kottwitz. Nays: Poppaw, Manvel, and Ohlson. THE MOTION CARRIED. Councilmember Troxell asked about the impact of this Plan on multi -family housing in general. Kadrich replied this has been part of the melding of what happened with the community discussion related to compatibility impacts of multi -family housing with the Student Housing Action Plan that was already in place. Mayor Weitkunat asked whether or not staff is trying to define multi -family versus student housing. Kadrich replied the staff chose not to define the issue and stated after the broader community discussion, as well as a discussion at a Council work session and a Planning and Zoning Board meeting, the consensus was that people felt the compatibility issues related to multi -family development were similar whether it was student housing or other types of housing. Mayor Pro Tern Ohlson noted Council gave the direction to drop defining students as a separate group. February 26, 2013 Councilmember Manvel asked whether or not most four -bedroom units would be used primarily by students. Kadrich replied Affordable Housing representatives have stated families do desire four - bedroom units. Councilmember Kottwitz expressed concern regarding possible unintended consequences of adoption of the Plan as endorsing the Plan could endorse specific action items. Mayor Pro Tern Ohlson stated he would support the Plan and requested additional information regarding the timing of specific issues prior to First Reading on the action items. Councilmember Horak stated he would support the Plan and the formation of an advisory committee as soon as possible. Mayor Weitkunat stated she would support the Plan as it is necessary to move forward in addressing the city's housing issues. The vote on the motion to adopt the Plan was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: Kottwitz. THE MOTION CARRIED. (Secretary's note: The Council took a brief recess at this point in the meeting.) Items Relating to the 2012 Streets and Stormwater Site Development Initiatives, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 151, 2012, Adopting an Update to Appendix C of the Lorimer County Urban Area Street Standards Pertaining to "Streetscape Standards "for the City ofFort Collins. B. Second Reading of Ordinance No. 152, 2012, Amending Chapter 26 of the City Code and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions Implementing Low Impact Development Principles. Ordinance No. 151, 2012 replaces the City of Fort Collins Streetscape Design Standards & Guidelines document with a new version entitled "City of Fort Collins Streetscape Standards ". Ordinance No. 152, 2012 updates the City's Low Impact Development Criteria and Policy regarding the control and treatment ofstormwater runofffrom streets and site development. Both Ordinances were unanimously adopted on First Reading on December 18, 2012. The Streetscape Standards guide the treatment ofparkway strips (between the curb and sidewalk), medians, intersections, roundabouts, and key gateway intersections. For the new Streetscape standards document, staff is proposing minor text revisions for Second Reading. One of the 387 February 26, 2013 revisions requires Council consideration of three options regarding parkway landscaping by homeowners in certain circumstances. Other revisions are clarifying edits. The Low Impact Development (LID) Criteria and Policy addresses the City's requirements anti incentives for more distributed stormwater runoff 'management and control which relies mainly on filtration and infiltration to treat and manage the stormwater runoff. This approach will apply to private site development projects as well as to public street projects. Ordinance No. 152, 2012, has been revised on Second Reading to improve the clarity of the, description of LID Criteria requirements. BACKGROUND /DISCUSSION Two Parts of a Larger Coordinated Program These Ordinances are parts of a larger coordinated program called the 2012 Streets and Stormwater Site Development Initiatives. While the two Ordinances were approved on First Reading, questions remained, needing additional information for Second Reading. 1. Potential Revisions to New Streetscape Standards Document Questions raised at First Readingprompted a potential text revision regardingparkway landscaping maintained by homeowners. For this potential revision, three options are proposed for Council consideration. Attachments 2-4 show the three options in redline/strikeout format. Attachment 5 is a staffsummary of pros and cons of the options. Staff is seeking a Council decision on which text option to adopt on Second Reading. The options involve parkway landscaping in single family housing developments where approved development plans specify turfgrass in the parkways. While these parkways are publicly owned, it is the responsibility of private property owners to maintain the landscaping except for street trees. Questions involve situations where an individual property owner wishes to change the landscaping from that which is shown on the development plan. Specifically, should Homeowners Association (HOA) approval be required for such changes, and what process is reasonable for a homeowner to follow, if they want to change the approved landscaping in the parkway adjacent to their lot? Current Process Currently, such a change requires a Minor Amendment request to amend the plan on file. There is currently a $350 filing fee for Minor Amendments. If the development has an HOA, then staff requires authorization by the HOA to amend the development plan. The rationale is that HOA interests typically include the look and feel of the public space in the neighborhood, and in some cases, HOAs maintain certain parkway areas. The First Reading version of the Streetscape Standards reflects this current process. :: February 26, 2013 Second Reading Revision Options Second Reading options for potential text revisions involve combinations of two components. One component is a requirement, or lack thereof for an administrative process to amend development plans (e.g., the current Minor Amendment process)- Staff has identified a potential new process called "Parkway Landscaping Amendment ", with a lower fee and better -fitting requirements than the current Minor Amendment process. Staff could create this administratively. The second component is a requirement, or lack thereof, forHOAs to authorize changes to approved plans for the developments they govern. Following is a summary of the options, along with the First Reading version for comparison. First Reading version: Requires a Minor Amendment, which has a $350 fee; and requires HOA consent. Option]: Replace the Minor Amendment requirement with a new "Parkway Landscaping Amendment ` and a lower fee; and keep the HOA consent requirement (Attachment 2). Option 2: Replace the Minor Amendment requirement with a .new "Parkway Landscaping Amendment" and a lower fee; and drop the HOA consent requirement (Attachment 3). Option 3: Drop all City requirements (allow a homeowner to choose landscaping different than approved plan,for the development with no amendment to the plan.) (Attachment 4) Note that where there is no approved developmentplan, there is no issue. The owner can landscape with or without turfgrass. Standards include a few basic requirements for live plantings that are low -growing, but there is no formal process. In addition to text revisionsforparkway landscaping described above, staffis proposing a clarifying statement that "Appropriate irrigation shall be provided to maintain health of plantings with efficient use of water. - That statement is shown on pages 36 and 43 of the document. No other text edits are proposed except those shown on pages 36 and 43. 2. Low Impact Development Criteria and Policy Update - Ordinance No. 152, 2012 At First Reading, staff was asked for additional information about the financial impact of the proposed criteria. More specifically, staff was asked to address the initial installation costs of pervious pavements and their potential impacts on costs of development in Fort Collins. Attachment 6 is a memo with explanation of the costs, and a cost comparison spreadsheet of an actual parking lot example built in 2010 with side -by -side pervious and impervious pavement surfaces. " Laurie Kadrich, Community Development and Neighborhood Services Director, noted questions have arisen since First Reading regarding the process for a homeowner to make a change to parkway February 26, 2013 landscaping. Kadrich noted parkways are part of approved landscape plans and are inspected at least every five years to ensure compliance with the plan. Under the previous practice, a homeowner would need to submit for a minor amendment and obtain HOA consent if appropriate, in order to make a change to parkway landscaping. That practice was recommended to continue as part of First Reading. Staff has developed additional options for Council consideration on Second Reading. Option 1 is to have a new plan amendment process which would reduce the minor amendment fee from $350 and possibly remove the requirement of HOA consent. Option 2 would not require the HOA to be notified at all and Option 3 would drop the City requirement entirely to do a plan amendment. City Manager Atteberry noted Options 2 or 3 would create some level of consistency with the City's previously -adopted policy allowing front yard xeriscaping. Eric Sutherland, 3520 Golden Currant, asked if this standard addresses stormwater irrigation. Joe Siple,.2938 Ruff Way, supported the ability of homeowners to xeriscape parkways in order to conserve water. Basil Harridan, Stormwater Quality Engineer, stated regulations specifically allow the use of stormwater for parkway irrigation. There is no mechanism in these standards which would require existing turfed areas to be retrofitted to utilize stormwater irrigation. As opportunities arise to retrofit these areas, that will occur. Councilmember Troxell asked about certain areas of parkway and whether they are maintained by homeowner's associations or adjacent property owners. Clark Mapes, City Planner, replied this topic deals only with local and collector streets within residential areas, not arterial streets. Arterial streets are mostly maintained by the Parks Department; however, there are some different arrangements in some areas throughout the city. Councilmember Troxell asked if some parkways on collector streets are HOA maintained. Mapes replied they are almost all maintained by adjacent owners, though there are a few cases where the HOA maintains the parkways. Mayor Pro Tern Ohlson noted Option 1 just requires HOA consultation, rather than consent. He stated he prefers Option 3 and questioned what action would come from HOA consultation. He also questioned why homeowners need to pay such a high fee to the City. Kadrich replied this issue has not been presented to all of the HOAs for review; therefore, requiring HOA consultation is deemed as a positive option. Mapes replied the HOA consultation allows for a unified appearance and could provide for a neighborhood discussion. The fee is in place to cover some of the administrative costs in amending the plan on file, though staff has considered a fee of less than $100. Mayor Pro Tem Ohlson asked if staff would be open to recommending Option 3 at a future time should Option 1 prove to be ineffective for residents. Kadrich replied in the affirmative. Councilmember Manvel asked about the history of landscape plans. Kadrich replied all subdivisions, since 1997, have an approved landscape plan which includes any parkways. 390 February 26, 2013 Councilmember Manvel asked if HOA consultation is required for a front yard xeriscape. Staff replied in the negative. Mayor Pro Tern Ohlson asked if the City is violating a state law by not allowing xeriscaping in the parkways. City Attorney Roy replied it is not; the state law limits the ability of HOAs to enforce certain covenants. Mayor Pro Tern Ohlson suggested the City re-examine the way it landscapes its parkways. City Manager Atteberry stated the issue has been examined regarding lowing maintenance costs and water usage for medians and added he will get back to Council on the issue regarding parkways. Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to adopt Ordinance No. 151, 2012, Option 1, on Second Reading. Councilmember Troxell stated the consent of HOAs could be important because it would allow better communication among neighbors. Mayor Pro Tern Ohlson noted Option 1 involves a consultation with the HOA rather than consent. He requested staff s assurance that they would return to Council should this not work the way it is intended. Kadrich replied in the affirmative. Mayor Pro Tern Ohlson asked about the fee issue. Kadrich replied Option 1 proposes a landscape amendment fee of somewhere between $25 and $150. Mayor Pro Tern Ohlson stated he would like the fee to be under $50. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 152, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 020, 2013, Amending Section 2-35 of the City Code with Regard to the Removal of Persons from City Council Meetings, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 5, 2013, amends City Code to allow the presiding officer of a City Council meeting or City Council committee meeting to order 391 February 26, 2013 the removal of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. " Mike Pruznick, Fort Collins resident, opposed the Ordinance and asked how people would be removed from a meeting and about any appeal process. He asked why the item is needed. Eric Sutherland, 3520 Golden Currant, opposed the wire fencing separating Council from the audience and suggested the Ordinance should apply equally to citizens and City staff. Mayor Weitkunat noted the language specifically uses the phrase "significantly and intentionally." She also noted warnings would occur prior to the removal of an individual. Councilmember Troxell noted the term "Mayor" was replaced with "presiding officer." Mayor Pro Tern Ohlson noted it was never Council's intent to limit paper materials that can be passed out in the lobby and those regulations were actually loosened. Councilmember Manvel asked if this would apply to other functions of Council, such as the URA Board. City Attorney Roy replied the URA Board has its own set of procedural rules; this Ordinance would apply specifically to Council meetings and Council committee meetings. City Attorney Roy noted this rule is consistent with state statute. The original regulation required a vote of Council to remove an individual which was cumbersome and unrealistic. Additionally, the original regulation did not utilize the "significant and intentional" phrase. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 020, 2013, on Second Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. City Manager Atteberry reiterated there was never an intent to limit free speech or material distribution, as mentioned by Mayor Pro Tern Ohlson. Items Relating to the Planned Development Overlay District Pilot, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 024, 2013, Amending the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District. B. Second Reading of Ordinance No. 025, 2013, Amending the Land Use Code to Add or Clarify Certain "General Standards" and "Purpose" Statements Related to the Planned Overlay Development District. 392 February 26, 2013 The Planned Development Overlay District (PDOD) is a new zoning tool designed to provide contextual land use and design f exibilityfor infill development and redevelopment projects. Since it is new and unique, a pilot is being proposed as a way to test the PDOD prior to considering permanent adoption. The pilot would establish a six-month application period allowing up to five application submittals; only projects within the PDOD pilot boundary would have the option to apply. Based on public outreach, the PDOD pilot boundary has been modified since originally proposed to include commercial areas along College Avenue, east Mulberry, and west Elizabeth. Properties within 1, 000 feet of the Poudre River or that are within a designated historic district have been removed from the pilot. This Ordinance has been amended since First Reading based on input from City Council and the Planning and Zoning Board, as follows: • Properties owned by Colorado State University and Colorado State Research Foundation have been removed from the pilot boundary. • Several properties north of Vine Drive and west of North Lemay Avenue have been added from the pilot boundary. • The minimum number ofpoints required on the performance matrix has been raised to 60. Ordinance No. 025, 2013 makes several amendments to Article 3 of the Land Use.Code (LUC). These amendments are directly related to the PDOD, but would be permanent amendments to the LUC and thus require a separate Ordinance. These Ordinances were adopted on First Reading on February 12, 2013 by a vote of 6-1 (Nays: Ohlson). BACKGROUND /DISCUSSION Although both Ordinances were adopted on First Reading, City Council asked staff to address two issues before bringing Ordinance No. 024 back for Second Reading: the Planned Development Overlay District (PDOD) pilot boundary andjustification for the 45 point minimum on the performance matrix. PDOD Boundary When the PDOD was originally proposed, any projects within a defined boundary (original boundary) would have the option to use the PDOD, and there was a provision that allowed properties outside the boundary to "opt -in "provided certain site criteria were met. During public outreach when the pilot was proposed, concerns were raised over some areas that were included in the boundary including historic districts, residential properties, and properties near the Poudre River. Consequently, when the PDOD pilot was presented to the Planning and Zoning Board for recommendation in 2012, the Board recommended certain areas be removed from the boundary. Then, based on additional conversations with Councilmembers, the pilot boundary was reduced further. At the Council meeting on February 12, 2013, a citizen requested that property be added into the pilot boundary; this includes land where the current Raptor Center is located (zoned Industrial and Low Density Mixed Use Neighborhood) as well as the adjacent Schlagel property (also zoned Low Density Mixed Use Neighborhood). Additionally, Council questioned why Colorado State University (CSU) property was included in the boundary, particularly if CSU is not required to adhere to the City's development review process. This also brought into question land owned by Colorado State Research Foundation (CSRF) that was in the pilot boundary. While Council was 393 February 26, 2013 receptive to adding the property mentioned above and removing CSUand CSRFproperty, staffwas requested to bring it to the Planning and Zoning Board for a formal recommendation prior to Second Reading. The Board will provide a recommendation regarding the boundary at its February. 21 meeting, and the outcome and draft minutes will be provided to Council prior to Second Reading on February 26, 2013. Attachment 2 is a map showing the original PDOD boundary and the proposed amended boundary for comparison. Performance Matrix The most unique aspect of the PDOD is the performance matrix, which was designed as a menu of site and building options that rewards applicants via a point system for exceeding minimum Code standards or providing public benefits. The matrix is divided into seven categories that mirror the seven categories of City Plan, and, in addition to meeting the General Standards in Article III ofthe Land Use Code, an applicant must achieve at least 45 points in at least four different categories to be considered for approval. At the Council meeting on February 12, 2013, the justification for establishing 45 points as the minimum was questioned, and staff was asked to provide more information explaining why that number was chosen. When the matrix was first developed, staffretrospectively tested several projects to understand how they would score. Attachment 3 provides a spreadsheet showing the projects that have been evaluated and their respective matrix scores. Note that the project evaluations were based on staffs best knowledge ofeach project, and the scores were not confirmed with the developer/owner. Based on those outcomes, 45 points was viewed at the time to be sufficient to ensure quality while not being overly -burdensome to applicants. It is important to keep in mind that all the items in the matrix are above existing minimum standards; one of the c6ncerns raised during public outreach was that the PDOD would add costs as a result. This is a specific concern that the pilot is intended to address, and could be an aspect of the PDOD that is recommended to change based on the pilot outcomes. The Planning and Zoning Board discussed the matrix at its February 15, 2013 work session and, based on the outcomes of the test projects, recommends increasing the minimum point requirement to 60. The Board's formal recommendation will be provided to Council prior to Second Reading on February 26, 2013. " Megan Bolin, Economic Health Analyst, stated the PDOD is a new performance -based zoning tool designed to provide flexibility for infill development and redevelopment. The first Ordinance would implement the pilot program and the second Ordinance would make several amendments to Article 3 of the Land Use Code as related to the implementation of the PDOD. Bolin discussed boundary changes made since First Reading which removed CSU and CSURF property from the pilot and added the Raptor Center and Schlagel properties. Additionally, the Ordinance was amended to raise the number of points required on the performance matrix to 60 from 45. Bolin stated the Planning and Zoning Board approved both changes._ Eric Sutherland, 3520 Golden Currant, questioned the need for this process. 394 February 26, 2013 Mickey Willis, 150 Fairway Lane, thanked staff and Council for expanding the boundary. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 024, 2013, on Second Reading. Mayor Pro Tern Ohlson stated there is likely no need to incentivize growth and development; however, he stated he would support the program on Second Reading. Councilmember Manvel agreed with Mayor Pro Tern Ohlson but stated he would support the motion as testing the process with a few pilot projects seems a good place to start. Mayor Weitkunat stated she would support the Ordinances as they infuse the basic premise of City Plan. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 025, 2013, on Second Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Horak and other Councilmembers requested that staff present both the original and amended versions of the fracking ban at the next Council meeting. Mayor Pro Tern Ohlson suggested moving the URA work session to February 28. Executive Session Authorized Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to go into Executive Session for the purpose of meeting with the City Attorney, City Manager, and other affected members of City staff to discuss potential litigation and related legal issues as permitted under Section 2-31(a)(2) of the City Code. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. 395 February 26, 2013 Adjournment At the conclusion of the executive session, the meeting was adjourned at 10:25 p.m. ATTEST: ��F FOR) - City Clerk 396