HomeMy WebLinkAboutMemo - Mail Packet - 4/16/2024 - Memorandum From Noah Beals Re Land Use Code – Clarification On Recent Questions
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City Manager’s Office
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Fort Collins, CO 80522
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Planning, Development & Transportation
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PO Box 580
Fort Collins, CO 80522
www.fcgov.com
MEMORANDUM
DATE: April 11, 2024
TO: Mayor and City Councilmembers
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Planning, Development & Transportation Director
FROM: Noah Beals, Development Review Manager
RE: Land Use Code – Clarification on Recent Questions
Purpose: The purpose of this memo is to provide clarification on questions asked of Planning
staff by a community member regarding portions of the Land Use Code.
The following list of questions came from a community member seeking clarification on changes
between the existing Land Use Code and the proposed Land Use Code, scheduled for Council
consideration at a Regular Council Meeting on April 16th. Answers to these questions have
been drafted by staff in an effort to clarify and answer these questions. More clarification can be
provided if needed.
Question 1:
In 4.8, D, (2) (a) (4), the current (1997) LUC says the total floor area maximum for
structures other than single family and duplexes on lots 4,000-10,000 square foot is 40%
of lot area.
In the new proposed LUC, in Article 2, page 11, the max floor area goes up to 70% for
triplexes and 85% for fourplexes. That is different than the existing LUC in a significant
way.
For the typical ~9,000 square foot lot in OT-B, the new LUC would allow quite large
triplexes and fourplexes (and see point #4 below), larger than currently. Please explain.
Answer:
The number of units allowed is referred to as the allowed density on the property. The
proposed code does not increase the number of units allowed on a property from what is
allowed within this district today in the existing Land Use Code.
The proposed code does move to form-based standards and simplifies the floor area
requirements based on the building type. Yes, the floor area for a triplex and apartment
building are proposed to increase. However, floor area is only one of the design
standards that regulate the overall size of a building. Also, the rear floor area
requirement is still in place in the proposed code.
DocuSign Envelope ID: 99B4E626-EB7C-4777-B40E-8F6905ED7737
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Other form-based code standards can be found in the building types, zone district
setbacks, and the rear floor area allowances. Additionally, parking requirements are a
limiting factor for the number of units that can be built. The combination of these design
standards limits the size of a building.
Question 2:
Building height limits in NCM: Current code says two stories in NCM. Proposed LUC
draft says 28ft in NCM. How is a generous two stories (current code) ever possibly more
than 28ft (proposed code)? I don't get it. The max heights seem to be going up in the
proposed code. Help me understand please.
Answer:
Building height in the current NCM zone district is limited to number of stories and does
not specify a height limit, which means ceiling height, roof pitches, etc. are not currently
limited in height. The limitation of 28 feet is for height clarity and pertains to all pieces of
the building including chimneys.
Yes, the existing building height regulations state 2 stories. This includes a wall height
limitation at the minimum setback but then increases as the wall is setback further. The
resulting maximum can be greater than 28ft. As seen by the building envelope in this
first image.
DocuSign Envelope ID: 99B4E626-EB7C-4777-B40E-8F6905ED7737
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The proposed code simplifies the height regulations by requiring a maximum height in
feet. This is intended to clarify how tall a roof and all pieces of the building can get. This
is demonstrated by the building envelope shown in this second image.
Question 3:
For the multi-unit buildings, the Oct 25, 1991 pre-existing building limitation is removed
in the new proposed LUC (I think), thus under the new proposed LUC old houses lacking
historical protection could be scraped (by right) to build multi-unit buildings, whereas
currently if there is an existing pre-1991 building, you can't scrape... right? If so, this is a
significant change that promotes the scraping of old houses by investors/developers to
build large triplex or fourplex rentals. And of course the state's occupancy relaxation
makes this more attractive to investors.
Answer:
The current LUC does not prohibit or limit demolitions unless an existing home has been
formally designated as a historic property under the code’s historic preservation
regulations. No changes are proposed to historic preservation regulations. There is not a
specific protection on buildings that were constructed prior to 1991. Historic Preservation
standards actually exempt demolition and alterations of single-family detached dwellings
from any further review or requirements.
The current LUC reference to structures built prior 1991 acts more like a process
incentive to preserve an existing structure by allowing a different review type for projects
that are not making exterior alterations. It does not prohibit demolition or reduce the
number of units permitted on a lot. For example, the review for increasing an existing
DocuSign Envelope ID: 99B4E626-EB7C-4777-B40E-8F6905ED7737
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building to two units is a Basic Development Review (BDR), if it does not include exterior
alterations. And if the proposal for the same number of units includes an alteration or
demolition of the existing building then it is reviewed through a TYPE 1 review (with a
public hearing). Again, this is not a restriction or requirement to preserve the structure.
Clarification on Planning and Zoning Commission Land Use Code Recommendation:
The Commission unanimously supported the code amendment and proposed the following
three changes:
• Allow attached ADUs in RL,
• Allow ADUs with design parameters in UE,
• Change lot size from 10,000 square feet to 9,500 square feet for allowing carriage
houses in the NCM/OTB zone.
These proposed amendments are not included in the version of the Land Use Code being
considered at the April 16th Council Meeting. If Council chooses, they can direct staff to
make changes at First Reading. The Planning and Zoning Commission recommendation
is advisory only.
CC: Clay Frickey, Planning Manager
Paul Sizemore, Director of Community Development & Neighborhood Services
Sylvia Tatman-Burruss, Senior Project Manager, City Manager’s Office
DocuSign Envelope ID: 99B4E626-EB7C-4777-B40E-8F6905ED7737