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HomeMy WebLinkAboutMemo - Read Before Packet - 2/19/2013 (7)February 14, 2013 Zoning Board of Appeals Draft Minutes Eastside/Westside Character Study Peter Barnes, Zoning Administrator, noted members of the Zoning Board of Appeals held a joint worksession with the Planning and Zoning Board regarding this item and stated Council will be hearing the item for First Reading on Tuesday, February 19 2013. Pete Wray, Senior City Planner, introduced the item as a package of potential Land Use Code changes to implement the Eastside/Westside Neighborhood Character Study. The original staff and consultant recommendations included five strategy options: promoting the existing design assistance program, expanding the notification area for variance requests, creating voluntary design handbooks or guidelines, which is recommended by staff for deferral until 2014, adjusting measurement methods for building sidewall height at the minimum setback and large volume spaces as part of the floor area ratio standards, and addressing building mass and scale with new design and solar access standards. There was originally no recommendation for adjusting the floor area ratio standard or developing a full solar access ordinance. At the Council worksession in November, the five strategy recommendations were supported, but Council asked staff to prepare an option for a change to the existing floor area ratio standard. The two zoning districts included in these neighborhoods are the NCL – Neighborhood Conservation Low Density, and NCM – Neighborhood Conservation Medium Density districts. Staff has developed two options for Council and Board consideration. Option A includes the five new standards plus a revision to the existing floor area ratio standard; Option B includes the same five new standards but retains the existing floor area ratio formula with a measurement method adjustment in that existing formula. Wray detailed the five proposed strategies, the first of which is to increase the notification area from 150 feet to 500 feet around a subject property. The second standard is to revise the existing floor area formula which would be applied slightly differently to each zoning district. Additionally, this change would include an adjustment to the measurement method for calculating the maximum permitted floor area on a lot; it would count large volume spaces as two floors. The formula is a sliding scale based on lot size. Based on direction from Council, this standard would provide a slight reduction in size standards; however, overly restrictive standards in this area seemed unnecessary as the additional design standards for addressing compatibility are part of the package. Wray stated the intent of the new standards is to target the largest recognized construction projects; they would limit size to a certain extent but allow flexibility for most projects to be able to expand within a reasonable range. The next standard is an adjustment to the sidewall height which is designed to detract from the looming impact of a large house and alleviate privacy and shading issues. The standard would apply to large new houses, or new two-story houses. The sidewall height would be reduced from eighteen feet to fourteen feet to provide additional solar access at the minimum side yard setback. If a project is set back further from the minimum side yard setback, there would be a one-to-one allowance on the roof height. 2 The last standards apply to building façade options for front and side facades. A menu of options is being provided by staff. Again, the intent is to mitigate the impacts of large, new construction where the front or side walls extend longer than forty feet. Wray showed slide illustrations of projects meeting existing standards versus projects meeting the proposed new standards. Wray stated the original Eastside/Westside ordinance that was repealed by citizens in 2011, included a different formula for calculating the floor area ratio, a recommendation by the Landmark Preservation Commission for floor area ratio adjustments, and a measurement method. Boardmember McBride asked if the proposed sliding scale for the floor area ratio (FAR) is similar to a suggestion by Councilmember Manvel. Wray replied Council looked at several different options for the FAR adjustment in 2011. Councilmember Manvel’s was close to what they ended up with in the final recommendation. Wray stated staff’s goal with the new proposed recommendations is to target only the largest construction examples to reduce the impacts on adjoining properties. Boardmember McBride stated this new proposal appears to be a good compromise compared to the last ordinance. He commented that it will be difficult to apply the details of the proposal but stated he appreciates the overall direction of the proposed changes and commended staff work. Boardmember Bear asked if a 250 square foot detached garage would count toward floor area. Wray replied in the negative. Boardmember Bear asked if that rule would apply only to new construction or to existing structures. Barnes replied anything currently existing is grandfathered in, even if it does not comply. Under the current Code, the 250 square feet applies toward floor area. Boardmember Bear asked if this change might encourage new detached garages. Barnes replied the purpose of the changes in to incentivize detached garages rather than attached garages. Bear asked what the home size could be, in the NCL zone, on a 10,000 square foot lot, an individual built a 700 square-foot, 3-car garage. Wray replied the existing FAR would allow a 4,000 square foot total floor area, which would include the garage square footage. The new formula would take the increase in square footage of the garage, over 250 square feet, and subtract it from the allowable square footage of the house. However, it was noted there is a 600 square-foot limit for garage size in both zone districts. Sherry Albertson-Clark, Interim Planning Manager, clarified that all accessory structures are counted in the allowable floor area; however, the first 250 square feet of a detached garage, set at least ten feet away from the house, does not count. Boardmember Bear asked if a 2-story garage would be allowed. Barnes replied there is a proposal in both Options to address the volume loophole which would count floor area twice if there is a ceiling height of at least fourteen feet. 3 Boardmember Long asked if there is a separate sidewall height limit for accessory buildings. Barnes replied there is a ten foot eave height limit along a side lot line, which would still apply. Bear asked about the new notification provision. Barnes replied the 500 foot notification radius would only apply for certain types of variances in the NCL and NCM zones. Those variances would be the following: a new two-story house, a second story addition, a new house that is more than 2500 square feet, or an addition that would result in a home having a square footage of over 3000 square feet. Bear asked for an estimate of how many of these types of variances may occur each year. Barnes replied there would likely be less than thirty per year, though there may be more projects that may need variances with these new regulations. Bear asked about the potential increase in cost for the extended notification. Barnes replied the applicant is charged seventy-five cents per mailing list address, plus the basic variance fee of $25. Bello asked about the difference between Options A and B. Wray replied Option B would not include the reduced FAR formula. Bello stated he does not support the expanded notification radius. Shuff asked about discussions regarding flood plain regulations. Albertson-Clark replied there have been four new houses and fourteen additions in the last five years that were required to elevate because they were in the 100-year floodplain. The typical requirement is to elevate the finished floor of the first story to eighteen inches above the flood elevation. Additions require a six-inch elevation on top of the water surface. By the beginning of 2014, the City will be required to adopt a new standard that makes that six inches become a foot for additions and accessory structures. Albertson-Clark stated, if this Ordinance were adopted in its current form and there were no exception to this rule, the Board would hear requests for variances. Bello asked if the requirement to raise the house in a flood plain could be subject to a variance. Albertson-Clark replied the side wall height requirement could be subject to a variance. Shuff stated the mass and scale of new construction would be addressed by the proposed standards other than the FAR reduction. She opposed reducing the FAR for everyone as the main problem is poorly designed homes. She supported Option B and noted the previous FAR change was repealed by citizens. McCoy agreed with Shuff’s comments and asked how basements are calculated. Barnes replied basements are not currently counted. The proposal would be to count a basement as floor area when the basement wall is three feet or more above grade. Bear asked how the three foot measure was decided upon. Barnes replied the previous Ordinance, which was repealed, had the same measurement. He added there may yet be some fine tuning on this part of the regulation. He stated this is a tool to attempt to minimize basement exposure. 4 Bohling stated the Board would be wasting its time to nitpick details of this proposal. He asked why, and under what circumstances, these revisions are necessary. He stated these changes should be made only if there have been a lot of projects built that were detrimental to neighborhoods and the city. He opposed recommending any changes. McBride agreed with Bohling’s statements and noted the last Ordinance was repealed by citizens. Shuff asked what option McBride supported. McBride replied he does not support either option and stated there needs to be a balance between property rights and public good. He stated the sliding scale based on lot size is better than reducing the FAR. He stated the Ordinance may not be necessary, other than to address the volume issue. Shuff stated people don’t seem to have a problem with all new, larger homes and the issue seems to be more about design. McBride objected to regulations regarding design. Shuff replied the form base addresses the concern regarding mass and scale. She supported standards addressing walls larger than forty feet. Long support the large garage portion of the regulations. He opposed changing the FAR and stated he feared variances regarding form and architecture. He stated he is skeptical about both options. Shuff disagreed that the Board will be judging form and stated the proposed regulations do not go over a line regarding design. Bello suggested supporting Option B, without the notification extension. Bohling also opposed the notification extension, but stated he is not supportive of either option. Bear expressed concern about the potential legal ramifications of the detached garage provision. Shuff noted that would only be a concern with Option B. Barnes asked why the Board may oppose the notification expansion. Bello replied the variances affect adjacent neighbors, but not homes a block away. Shuff noted the expanded notification would only be triggered by certain variance requests. Wray stated about 70% of the public survey respondents supported expanded notification for larger projects. Shuff supported some type of expanded notification. Bohling asked if there was a demonstrated need for the expanded notification. Barnes replied he does get calls on some projects from individuals who are just outside of the 150 foot radius. He stated staff supports the 500 foot expanded notification. McCoy supported the expanded notification. 5 Bello made a motion, seconded by Shuff, to recommend Option B as proposed. The vote on the motion was as follows: Yeas: McCoy, Shuff, Bear, Bello, McBride and Long. Nays: Bohling. THE MOTION CARRIED. 1 draft LANDMARK PRESERVATION COMMISSION Regular Meeting February 13, 2013 Council Liaison: Wade Troxell (970-219-8940) Staff Liaison: Laurie Kadrich (970-221-6750) Commission Chairperson: Ron Sladek SUMMARY OF MEETING: Determination of eligibility for designation as a Fort Collins landmark, 710 Mathews Street – Complimentary review of Remington Row – Discussion of Eastside Westside Neighborhoods Character Study – Discussion of Historic Preservation Code Changes phase 2 - Conceptual Design Review of Nix Farm - Project update Jessup Farm. CALL TO ORDER AND ROLL CALL: The Commission was called to order by Chair Ron Sladek with a quorum present at 5:40 p.m. at 300 Laporte Avenue, Fort Collins, Colorado. Present were Alexandra Wallace, Doug Ernest, W.J. (Bud) Frick, Dave Lingle, Belinda Zink, Ron Sladek, Pat Tvede and Sondra Carson. Also present were Historic Preservation Planners Josh Weinberg and Karen McWilliams, City Planner Courtney Levingston, Interim Planning Manager Sherry Albertson-Clark, Senior City Planner Pete Wray and Amy Simmons, Staff Support. EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDY DISCUSSION: SHERRY ALBERTSON-CLARK, INTERIM PLANNING MANAGER CITY OF FORT COLLINS AND PETE WRAY, SENIOR CITY PLANNER CITY OF FORT COLLINS (Peter Barnes, Zoning Department City of Fort Collins to join discussion later) TOPIC INTRODUCTION: Mr. Wray requested that LPC listen to the strategy options and make a recommendation to City Council regarding an ordinance for proposed Land Use Code changes related to implementation of the Eastside and Westside Neighborhoods Character Study. On November 27, 2012, the strategy report was presented to City Council at their work session. At that time, Council directed staff to proceed with implementation of those strategy options including revising house size limits and new solar access standards. Since the work session, Mr. Wray and Ms. Albertson-Clark have been working hard to develop proposed code amendments to implement strategies. Draft materials have been presented at a series of public meetings, they have had working group meetings within the neighborhoods and hosted a public open house at the end of January. Now they are in the sequence of seeking boards and commissions recommendations to Council. PZ board had their first meeting on Feb 7th, and Mr. Wray and Ms. Albertson-Clark attended a 3rd City Council work session last night (Feb 12th, 2013). The staff recommendations from the strategy report included 5 strategy options. The first was to promote the existing design assistance program. Second was to expand notification for ZBA variance requests, the notification area. Third was to create voluntary design handbooks for guidelines. The fourth was looking at 2 measurement method adjustments; one for floor area ratio way of calculating large volume spaces within the building and the other was a measurement method adjustment for clarifying the building sidewall height and where it is measured from. The fifth recommendation was to address building mass, scale and solar impacts indirectly through a series of proposed new design standards. Council provided direction on these 5 strategy options and they also wanted to have a potential change to the FAR standard included. (slides shown at this point in the discussion mapping out the area boundaries in the 2 zoning districts (NCM and NCL) being discussed and affected by the code amendments) Recently, staff had prepared 2 options for consideration to be included in the ordinance. Option A reflects a package of revised new standards including the revision to the existing FAR formula. Option B is the same package however it does not include a FAR formula change. Both include the measurement method within the FAR standards and clarification and formatting of the existing code language. (explanation in detail of all the strategy options and standards with slide presentations, tables, charts, and diagrams of before and after code amendments) PUBLIC INPUT: None COMMISSION COMMENTS AND DISCUSSION: Mr. Sladek clarified that the Commission is being asked to make a recommendation to City Council regarding the ordinance that is being proposed, however, the commission is also being asked to make a recommendation as to whether Option A or Option B is preferred or a variation of either ordinance. The Commission discussed solar access, changes in setbacks, allowable height and what the potential design impacts could be. The concern was that the change could have unintended bad design consequences. Mr. Lingle asked if there would be corresponding design standards that would alleviate potential symmetry issues. The illustration was something of a concern, of course it was over simplified, however, the concern is the lack of architecture options creating all “saltbox” type roof lines. Notification area discussion with explanation of what the boundary changes from 150 feet to 500 feet will mean for future projects. Mr. Sladek questioned why the changes that were recommended and approved by Council in 2011 and then repealed, regarding LPC review, were not presented in the current round of changes. Ms. Albertson-Clark explained that the topic was not proposed because it was something the consultants suggested should not be included based on the fact that the proposal should be completely different from anything that had already been presented, especially because of the repeal. Recollection took place as to what the history of the original discussion of the LPC recommendation for a variance. It was unknown the exact topic or if there was a debate of sorts over the issue. Ms. McWilliams remembered that the item was brought before council as part of a package. At that time, council passed two separate ordinances creating a 9 member LPC with the idea that they would allow the LPC to do reviews of variances and to make recommendations. At that time, due to challenge by the citizens, the ordinances were revoked. One ordinance was left to stand at that time, so that LPC could do design review subcommittees, but the variance portion was revoked. Ms. McWilliams said that at that time, her take was that council was supportive of LPC doing variance reviews and making recommendations. The members expressed concern at LPC not being included in variance reviews. Discussion continued, focusing on the lack of mention of multi-family development, duplexes and 3 story buildings and how they could be impacted by the revisions. Mr. Wray explained that the 3 existing standards in Article 3 were sufficient to address multi-family projects. Mr. Sladek stated it was a concern for him as a LPC member. His concern as well as Ms. Lingle’s, was that the revisions would not impact multi-family or multi-story projects. Ms. Albertson-Clark restated that the multi-family design standards are stringent and also that there are newer setback requirements between single and multi- family buffer areas. Commission members discussed the case studies presented and felt they were impactful as far as showing the potential effects now and in the future. Mr. Sladek commented that he felt good about where this was headed in terms of changes to buildings. He was more comfortable with Option A with revision of existing FAR standards. He felt it would add more to the impact it would have upon infill in the districts. Ms. Tvede commented that Option A would work without LPC review, but Option B, due to the design element should be presented to LPC. Mr. Lingle is a supporter of good solid design standards, and doesn’t think that the FAR is necessary. He would rather have thoughtful, comprehensive design standards that could positively influence the way people look at their properties and how they design things rather than having such a heavy handed FAR piece to it. Mr. Sladek posed a question to Mr. Lingle wanting to know if he thought that Option A including FAR burdened the homeowner. His response was that he wasn’t sure about it being a burden, but more of a layering of restrictions, including tampering of design creativity. Do we think that the problem is large enough, that City Council has the ability to “lop” off 22% of someone’s ability to build on their property, compounded with all the other reductions? If it is, than maybe that is the recommendation that we should make. Design assistance would be through HPC and would be utilized more; however, the parameters would not change. The outreach effort would be more intensive to get the word out. Discussion of how many lots will actually be impacted by the FAR standard changes. Mr. Wray presented numbers to the Commission with information about the lot sizes in the areas and mentioned that the intent was to target the largest construction projects, stating that the majority of projects are nowhere near the FAR standards now. That is the same for the design standards, hopes of providing greater flexibility for expansion of the projects in the lower ranges. Mr. Ernest moved that LPC recommend to City Council regarding an ordinance for proposed Land Use Code changes related to implementation of Eastside and Westside Neighborhoods Character Study to include Option B Ms. Carson second DISCUSSION AND AMMENDMENTS: Mr. Lingle suggests moving to amend the motion by adding a requirement that the solar access standard be coupled with additional design standards that would address the roofline compatibility, or design issues related to application of that ordinance language. Mr. Frick said that would have to be part of the code standards, not the voluntary handbooks. Mr. Sladek moved to amend the motion and add a request to council that the LPC be included in a variance request. Mr. Lingle moved to amend the motion concerning the new solar access standard by requiring and additional design standard or standards to be developed by staff that would address design issues related to rooflines, roof pitch and symmetry and to alleviate unintended consequences of the language. Ms. Carson still second Mr. Sladek moved to amend the motion by adding a request or recommendation to Council that the LPC be included in variance review as that comes up. Mr. Ernest believes that Mr. Sladeks’ amendment to the motion should be a separate issue all together. Vote made on original motion with Mr. Lingle’s amendment regarding solar access and design standards Passed 8-0 Confusion on the motion took place prior to vote, LPC restated the motion and took another vote Mr. Sladek, LPC Chair, moved that LPC make a recommendation to City Council regarding an ordinance for the proposed Land Use Code changes related to implementation of the Eastside and Westside Neighborhoods Character Study and that the LPC recommends the adoption of Option B with the amendment that the new solar access standards and additional design standards be developed by staff that would address design issues related to rooflines, roof pitch and symmetry and to alleviate unintended consequences of the language. Ms. Zink seconded the motion Vote 8-0 Mr. Sladek, LPC Chair, moved that the recommendation be made to council that the LPC be considered for variance review as either one of the Options A or Option B is adopted. Ms. Zink seconded the motion (clarify LPC make a recommendation or would it be binding action) Amend motion that LPC be allowed to make a recommendation through the variance review process. Ms. Zink second Vote 8-0 Ms. Carlson left the meeting 7:53pm 1 City Council Hearing February 19, 2013 First Reading of Ordinance No. 33, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study. 2 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 3 Proposed Options for Potential 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 4 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 5 Expand the notification distance for some Zoning Board of Appeals (ZBA) variance requests (New Land Use Code Amendment) 6 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 7 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 8 Westside Neighborhood Data Existing Floor Area Ratio (Average = 0.17) 9 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 10 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 11 Façade Standard for Solar Access 12 Additional Building Design Standards  Provides a menu of design options for the building front façade of large new homes 13 Additional Building Design Standards  Provides a menu of design options for the building side façade of large new homes 14 Standards Comparison Existing: All Standards Combined Potential: All Standards Combined 15 Page 11: Case Study 1 (before/after) 16 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 17 City Council Hearing February 19, 2013 First Reading of Ordinance No. 33, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study. 18 City Council Hearing February 19, 2013 Background Presentation 19 City Council Hearing February 19, 2013 First Reading of Ordinance No. 33, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study. 20 Eastside & Westside Neighborhoods Character Study Three Phases to Planning Process: Phase 1 Understand character/context and neighborhood compatibility issues Phase 2 Develop Strategies for addressing issues and impacts of larger new construction Phase 3 Develop tools, systems, and actions to implement strategies 21 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) 22 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 23 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 24 Study Area 25 Study Area 26 Proposed Options for Potential 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 27 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 28 Expand the notification distance for some Zoning Board of Appeals (ZBA) variance requests (New Land Use Code Amendment) 29 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 30 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 31 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 32 33 34 Eastside Neighborhood Data Existing Floor Area Ratio (Average = 0.17) 35 Westside Neighborhood Data Existing Floor Area Ratio (Average = 0.18) 36 Eastside/Westside Neighborhood Data FAR by Zoning District Neighborhood Conservation Low Density (N-C-L) • Average Lot Size = 8,387 (sq. ft.) • Average House Size = 1,361 (sq. ft.) • Average Total FAR = 0.21 Neighborhood Conservation Medium Density (N-C-M) • Average Lot Size = 7,334 (sq. ft.) • Average House Size = 1,171 (sq. ft.) • Average Total FAR = 0.21 37 Westside Neighborhood Data Existing Floor Area Ratio (Average = 0.17) 38 Westside Neighborhood Data Existing Floor Area Ratio (Average = 0.17) 39 Eastside Neighborhood Data Existing Floor Area Ratio (Average = 0.17) 40 Eastside Neighborhood Data Existing Floor Area Ratio (Average = 0.17) 41 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 42 Façade Standard for Solar Access 43 Façade Standard for Solar Access 44 Façade Standard for Solar Access 45 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 46 Façade Standard for Solar Access 47 Façade Standard for Solar Access 48 Additional Building Design Standards  Provides a menu of design options for the building front façade of large new homes 49 Additional Building Design Standards  Provides a menu of design options for the building side façade of large new homes 50 Standards Comparison Existing: All Standards Combined Potential: All Standards Combined 51 Case Study 1 (existing conditions) 52 Page 11: Case Study 1 (before/after) 53 Case Study 1 (solar access) 54 Case Study 2 (existing condition) 55 Case Study 2 (before/after) 56 Case Study 3 (existing condition) 57 Case Study 3 (before/after) 58 Case Study 3 (solar access) 59 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 60 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 61 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 62 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 63 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 64 City Council Hearing February 19, 2013 First Reading of Ordinance No. 33, 2013, Making Amendments to the City of Fort Collins Land Use Code Pertaining to Implementation of the Eastside and Westside Neighborhoods Character Study. 1 OPTION A ORDINANCE NO. 033, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO IMPLEMENTATION OF THE EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDY WHEREAS, in 2010, City staff conducted an Eastside/Westside Neighborhood Study which resulted in an ordinance being approved by the City Council which was later repealed in response to a citizen petition; and WHEREAS, in June 2011, City staff initiated a new Eastside/Westside Neighborhood Character Study (the “Study”) after receiving direction from City Council to take a fresh look at neighborhood compatibility and character issues in the neighborhoods near downtown; and WHEREAS, the basis of the Study is to respond to continued concerns with respect to potential impacts of building additions and new construction in the City’s oldest neighborhoods; and WHEREAS, the Study process included extensive public outreach and the consideration of the proposed Code changes arising from the Study by the Planning and Zoning Board, the Landmark Preservation Commission, the Zoning Board of Appeals and the Building Review Board; and WHEREAS, the direction from the Study is to amend the Land Use Code in the following particulars: 1. Expand the existing notification distance for some Zoning Board of Appeals variance requests; 2. Revise the existing Floor Area Ratio (FAR) standards using a new formula to lower the largest allowable house sizes, and adjust the method for calculating allowable floor area; 3. Adjust the method for measuring the height of a new wall along a side lot line; 4. Incorporate a new solar access standard; and 5. Incorporate new design standards with a menu of options for front and side building façade features; and WHEREAS, the City Council has determined that the proposed changes to the Land Use Code are in the best interests of the City. 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: 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 areany exterior basement wall is exposed by more than three (3) feet above adjacent finished gradethe existing grade at the interior side lot line adjacent to the wall. (3) Roofed porches, balconies and breezeways that are enclosed on more than two sides. 4 (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 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. 5 (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 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 6 shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story 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. 7 (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 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of the structures on the block face: Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. Covered Entry Feature 8 A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet. (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: 9 Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. . . . Section 5. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) 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 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 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 areany exterior basement wall is exposed by more than three (3) feet above adjacent finished gradethe existing grade at the interior side lot line adjacent to the wall. (3) Roofed porches, balconies and breezeways that are enclosed on more than two (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. 12 (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 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). 13 (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 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 15 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: 16 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 17 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. 18 Section 8. That the amendments provided for in this Ordinance shall apply to applications for development approval or for building permits that are filed with the City on or after May 15, 2013. 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 1 OPTION “B” ORDINANCE NO. 033, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO IMPLEMENTATION OF THE EASTSIDE AND WESTSIDE NEIGHBORHOODS CHARACTER STUDY WHEREAS, in 2010, City staff conducted an Eastside/Westside Neighborhood Study which resulted in an ordinance being approved by the City Council which was later repealed in response to a citizen petition; and WHEREAS, in June 2011, City staff initiated a new Eastside/Westside Neighborhood Character Study (the “Study”) after receiving direction from City Council to take a fresh look at neighborhood compatibility and character issues in the neighborhoods near downtown; and WHEREAS, the basis of the Study is to respond to continued concerns with respect to potential impacts of building additions and new construction in the City’s oldest neighborhoods; and WHEREAS, the Study process included extensive public outreach and the consideration of the proposed Code changes arising from the Study by the Planning and Zoning Board, the Landmark Preservation Commission, the Zoning Board of Appeals and the Building Review Board; and WHEREAS, the direction from the Study is to amend the Land Use Code in the following particulars: 1. Expand the existing notification distance for some Zoning Board of Appeals variance requests; 2. 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. 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: 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 areany exterior basement wall is exposed by more than three (3) feet above adjacent finished gradethe existing grade at the interior side lot line adjacent to the wall. (3) Roofed porches, balconies and breezeways that are enclosed on more than two sides. (c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent: High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet. (d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included: The first two hundred and fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet. (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 4 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 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 5 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, 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 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 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 8 A covered entry feature such as a front porch or stoop is located on the front façade. The feature shall have a minimum depth of at least six (6) feet. (as measured from the building façade to the posts and railings) and a minimum length of eight (8) feet. (i) Side Façade Character. When building construction results in: 1. a new house that is greater than two thousand five hundred (2,500) square feet, or 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: 9 Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. . . . Section 5. That Section 4.8(D) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) 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 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 areany exterior basement wall is exposed by more than three (3) feet above adjacent finished gradethe existing grade at the interior side lot line adjacent to the wall. (3) Roofed porches, balconies and breezeways that are enclosed on more than two (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. 11 (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 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. 12 (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: 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 13 (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet. Figure XX: Minimum Side Yard Width and Maximum Building Wall Height *Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two (2) story where a one (1) story previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story. (5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (11/2) stories. Section 7. That Section 4.8(F) of the Land Use Code is hereby amended to read as follows: (F) Development Standards (1) Building Design. . . . 14 (h) Front Façade Character. When building construction results in: 1. a two (2) story house where a one (1) story house previously existed and where there is an abutting house on either side that is one (1) story, or 2. a new house that is greater than two thousand five hundred (2,500) square feet, or 3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of structures on the block face: 15 Figure XX: Menu of Design Options for Front Façade Character Limited Two Story Façade Two-story front-façade width is no more than 40’, with any remaining two-story front façade set back an additional six (6) feet from the street. One Story Element The portion of the façade closest to the street is one-story, with any two-story façade set back an additional six (6) feet from the street. 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 16 2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors: Figure XX: Menu of Design Options for Side Façade Character Wall Offset Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining two-story façade set back an additional six (6) feet beyond the minimum required side yard. Step Down in Height Two-story façade width at the minimum side yard is no more than forty (40) feet, with any remaining façade width at the minimum side yard reduced to one-story. One Story Element A one-story building element with a minimum depth of six (6) feet is located at the minimum side yard. Additional Setback Any two-story façade is set back an additional six (6) feet beyond the minimum required side yard. 17 Section 8. That the amendments provided for in this Ordinance shall apply to applications for development approval or for building permits that are filed with the City on or after May 15, 2013. 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 Existing Construction Case Study Address Zoning Lot Size House Floor Area Accessory Bldg. Floor Area Total Floor Area Existing FAR 805 Smith Street N-C-M 9,500 2,210 600 2,810 0.30 Proposed 2013 Standards Comparison Option A Option B House Floor Area Allowed Accessory Bldg. Allowance* Total Floor Area New FAR Applies? (Impact) [Floor Area Reduction (SF)] New Design Stds. Applies? (Impact) [Assumption: Bldg. wall length > 40'] New Solar Standard Applies (Impact) ** 3,416 250 3,666 • Basement added Yes (- 1206) No Yes (lower side yard wall height to 14' from 18') Before After 805 Smith St Existing Construction Case Study Address Zoning Lot Size House Floor Area Accessory Bldg. Floor Area Total Floor Area Existing FAR 420 East Laurel Street N-C-M 5,205 2,329 0 2,329 0.45 Proposed 2013 Standards Comparison Option A Option B House Floor Area Allowed Accessory Bldg. Allowance* Total Floor Area New FAR Applies? (Impact) [Floor Area Reduction (SF)] New Design Stds. Applies? (Impact) [Assumption: Bldg. wall length > 40'] New Solar Standard Applies (Impact) ** 2,301 0 2,301 Yes (-28) No Yes (lower side yard wall height to 14’ from 18’) Before After 420 E Laurel St Existing Construction Case Study Address Zoning Lot Size House Floor Area Accessory Bldg. Floor Area Total Floor Area Existing FAR 425 Wood Street N-C-M 8,602 4,013 0 4,013 0.47 Proposed 2013 Standards Comparison Option A Option B House Floor Area Allowed Accessory Bldg. Allowance* Total Floor Area New FAR Applies? (Impact) [Floor Area Reduction (SF)] New Design Stds. Applies? (Impact) [Assumption: Bldg. wall length > 40'] New Solar Standard Applies (Impact) ** 3,150 250 3,400 Yes (-613) Yes (2nd-story façade beyond 40ft set back additional 6') Yes (lower side yard wall height to 14' from 18') Before After 425 Wood St Address Zoning Lot Size House Floor Area Accessory Bldg. Floor Area Total Floor Area Existing FAR House Floor Area Allowed Accessory Bldg. Allowance* Total Floor Area New FAR Applies? (Impact) [Floor Area Reduction (SF)] New Design Stds. Applies? (Impact) [Assumption: Bldg. wall length > 40'] New Solar Standard Applies (Impact) ** 805 Smith Street N-C-M 9,500 2,210 600 2,810 0.30 3,416 250 3,666 * 1,206 sf Basement added Yes (-1,206) No Yes (lower side yard wall height to 14' from 18') 420 East Laurel Street N-C-M 5,205 2,329 0 2,329 0.45 2,301 0 2,301 Yes (-28) No Yes (lower side yard wall height to 14' from 18') 312 East Myrtle Street N-C-M 9,500 2,360 600 2,960 0.31 3,375 250 3,625 No (0) No No 520 Edwards Street N-C-M 5,663 2,298 357 2,655 0.47 2,416 0 2,416 Yes (-239) No No 280 Circle Drive N-C-L 11,069 2,758 0 2,758 0.25 3,321 250 3,571 No (0) No Yes (lower side yard wall height to 14' from 18') 1401 Whedbee Street N-C-L 7,648 2,425 0 2,425 0.32 2,530 250 2,780 No (0) No No 1535 Peterson Street N-C-L 9,087 2,779 345 3,124 0.34 2,817 250 3,067 Yes (-57) No Yes (lower side yard wall height to 14' from 18') Address Zoning Lot Size House Floor Area Accessory Bldg. Floor Area Total Floor Area Existing FAR House Floor Area Allowed Accessory Bldg. Allowance* Total Floor Area New FAR Applies? (SF Reduction Impact) New Design Stds. Applies? (Impact) [Assumption: Bldg. wall length > 40'] New Solar Standard Applies (Impact) ** 425 Wood Street N-C-M 8,602 4,013 0 4,013 0.47 3,150 250 3,400 Yes (-613) Yes (2nd-story façade beyond 40ft set back additional 6') !"!!!! !0.05!! !0.10!! !0.15!! !0.20!! !0.25!! !0.30!! !0.35!! !0.40!! !0.45!! !"!!!! !5,000!!10,000!!! 15,000!!! 20,000!!! 25,000!!! 30,000!!! 35,000!!! 40,000!! FAR$ Lot$Square$Feet$ Eastside$NCL$Zone$Built$and$Proposed$FAR$ Built!FAR! Proposed!FAR! Current'FAR'Limit Trend'of'Built'FAR !"!!!! !0.10!! !0.20!! !0.30!! !0.40!! !0.50!! !0.60!! !0.70!! !"!!!! !5,000!! !10,000!! !15,000!! !20,000!! !25,000!! !30,000!! FAR$ Lot$Square$Feet$ Eastside$NCM$Zone$Built$and$Proposed$FAR$ Built!FAR! Proposed!FAR! Current'FAR'Limit Trend'of'Built'FAR !"!!!! !0.10!! !0.20!! !0.30!! !0.40!! !0.50!! !0.60!! !"!!!! !5,000!! !10,000!! !15,000!! !20,000!! !25,000!! !30,000!! FAR$ Lot$Square$Feet$ Westside$NCL$Zone$Built$and$Proposed$FAR$ Built!FAR! Proposed!FAR! Current'FAR'Limit Trend'of'Built'FAR !"!!!! !0.10!! !0.20!! !0.30!! !0.40!! !0.50!! !0.60!! !0.70!! !0.80!! !"!!!! !5,000!! !10,000!! !15,000!! !20,000!! FAR$ Lot$Square$Feet$ Westside$NCM$Zone$Built$and$Proposed$FAR$ Built!FAR! Proposed!FAR! Current'FAR'Limit Trend'of'Built'FAR Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax MEMORANDUM Date: February 19, 2013 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: Item #27 – Eastside and Westside Neighborhoods Character Study Staff has prepared additional information and response to questions raised by Council at the February 12, 2013 Work Session for review before the hearing. The following documents are described and attached to this memo: 1. Ordinance 033, 2013 – Options A and B Revisions Staff has identified two minor revisions included in the proposed Ordinance 033, 2013 for both Options A and B (see attached Ordinance A and B). The first revision includes a change to the wording in Section 2, 4.7(D)(2)(b)(2) and Section 5, 4.8(D)(2)(b)(2) of the code to clarify how basement are measured. (2) Basement floor areas where the exterior basement walls are exposed by more than three (3) feet above adjacent finished grade the existing grade at the interior side lot line adjacent to the wall. The second revision adds a new Section 8 in Options A and B to delay by two months after March 15, 2013 the application of the amendments provided in the Ordinance. According to existing requirements the new rules would apply ten days after adoption of the Ordinance on 2 nd Reading, or March 15. Staff has received several recent concerns from builders currently in different stages of design and investment by owners, that if new rules apply next month, cost for redesign would be significant. Section 8: That the amendments provided for in this Ordinance shall apply to applications for development approval or for building permits that are filed with the City on or after May 15, 2013. 2. Case Study Assessment The staff and consultant team reviewed eighteen recent construction projects to compare existing standards with the proposed Floor Area Ratio (FAR) and design standards to assess potential impacts (see attached Table 4). Additional information was requested by members of Council to estimate how the proposed new Eastside and Westside Neighborhoods Character Study – Read Before Memo February 19, 2013 Page 2 standards would affect these case studies. Three of the case studies were illustrated to show a before and after simulation, reflecting one option for applying the new standards (see attached photos). Of the eighteen cases, ten would result in a reduced total floor area, based on the new FAR formula included in Option A. The new building façade design standards would apply to five projects requiring wall articulation. The new solar standard would be applicable to twelve projects requiring a lower building wall height on the north side, reducing it from a two-story, to a one-story wall. 3. Revised FAR Standards The consultants have prepared additional information on the proposed revision to the existing FAR formula included in Option A (see attached charts). Data was collected to compare the existing FAR to the proposed FAR by lot size for the NCL and NCM zoning within each neighborhood. Information is also included to show the trend of the existing FAR. In the NCL, the proposed FAR reflects a total reduction to the existing standard from 0.4 to 0.32 (at the lowest point); in the NCM, the total reduction is from 0.5 to 0.37, based on a sliding scale. This level of FAR reduction is intended to target the few larger construction projects recognized as being too large in scale with surrounding homes. The average FAR in both the NCL/NCM districts is 0.21. If a new formula reduced the existing FAR in both zones closer to the existing FAR average, the reduction would not have permitted a substantial amount of the new construction that’s occurred over the last ten years. The proposed revised FAR of Option A reflects a slight- to- moderate reduction based on lot size, combined with new design standards to more fully address neighborhood compatibility. 4. New Solar Access Standard During the Work Session, a question was raised by a member of Council relating to a solar access approach that was described in a letter forwarded by Mr. Wurz. The question and potential solution copied from the letter includes: “Using a stricter maximum wall height limit is helpful, but why not address the issue more simply and directly? For example: “At noon on December 21, new construction and additions may not cast a shadow higher than five feet on a real or imaginary wall at the minimum five foot setback on the adjoining property to the north.” This standard would protect at least part of the solar access of the majority of residents who depend on their south-facing windows for passive heat gain.” Staff response: This s proposed solar standard would directly limit the casting shadow of new construction to no higher than five feet on the neighboring building wall. The staff and consultant team believes this approach is overly restrictive and would limit new construction to the lowest possible height of a single-story house and require it to be further setback from the minimum side yard setback distance. Staff prepared a series of images to compare this proposed five foot solar standard with the consultant’s new standard (see attached images). Prior to recommending the proposed solar access standard in Options A and B, the consultants assessed many aspects and options to address the issue directly by means of a solar ordinance that calculates the degree of shading, as well as indirectly, through measures such as design standards, including wall height. Many aspects come into play in considering a solar ordinance, such as calculating degree of shading based on time of year and day, mature trees and vegetation shading, sloped grades, shape of lots, etc. The intent of a solar ordinance also needs to be identified, such as measuring the amount of shade on the ground, on neighboring building walls or windows, on the roof, or on rooftop solar panels. The standard identified by Eastside and Westside Neighborhoods Character Study – Read Before Memo February 19, 2013 Page 3 Mr. Wurz may be simple to describe, but this type of rule often requires a somewhat complex evaluation to determine compliance. The proposed standard included in Options A and B reflects an indirect approach to simply limit the north side wall height at the minimum side yard setback to fourteen feet, from the current two-story maximum height of eighteen feet. This standard allows some additional height in finish floor elevation to allow for a raised front porch or raised ceilings. 5. Boards and Commissions Recommendations Staff received the minutes from the Landmark Preservation Commission and the Zoning Board of Appeals Hearings held on February 13, and 14 (see attached). 6. Revised PowerPoint presentation Staff has prepared a shorter PowerPoint presentation upfront of the current presentation included with the AIS (see attached new copy of presentation). Yes (lower side yard wall height to 14' from 18') 321 Wood Street N-C-M 8,529 2,651 600 3,251 0.38 3,132 250 3,382 No (0) Yes (2nd-story façade set back 6' beyond minimum required side yard) Yes (lower side yard wall height to 14' from 18') 309 South Sherwood Street N-C-M 9,500 3,653 0 3,653 0.38 3,375 250 3,625 Yes (-28) Yes (2nd-story façade set back 6' beyond minimum required side yard) Yes (lower side yard wall height to 14' from 18') 223 Park Street N-C-M 8,500 2,432 598 3,030 0.36 3,125 250 3,375 No (0) No Yes (lower side yard wall height to 14' from 18') 404 Park Street N-C-M 6,800 2,215 600 2,815 0.41 2,700 250 2,950 No (0) No Yes (lower side yard wall height to 14' from 18') 620 West Oak Street N-C-M 8,986 2,776 320 3,096 0.34 3,246 250 3,496 No (0) Yes (2nd story façade no more than 40ft; remaining one-story) Yes (lower side yard wall height to 14' from 18') 122 South Whitcomb Street N-C-M 9,500 3,403 591 3,994 0.42 3,375 250 3,625 Yes (-369) Yes (2nd-story façade set back 6' beyond minimum required side yard) Yes (lower side yard wall height to 14' from 18') 129 North Whitcomb Street N-C-M 9,796 2,772 1,050 3,822 0.39 3,449 250 3,699 Yes (-123) No No 301 South Sherwood St N-C-M 4,750 1,838 0 1,838 0.39 2,187 0 2,187 No (0) No No 730 West Mountain Avenue N-C-L 5,878 2,960 576 3,536 0.60 2,176 0 2,176 Yes (-1360) No Yes (lower side yard wall height to 14' from 18') 821 West Mountain Ave N-C-L 7,104 2,498 400 2,898 0.41 2,421 250 2,671 Yes (-227) No No Table 4 - Case Study Assessment Eastside Neighborhood Westside Neighborhood Option A Option B Existing Construction Case Study Proposed 2013 Standards Comparison Proposed 2013 Standards Comparison Option A Option B * 250 square foot allowance for detached accessory building on lots greater than or equal to 6,000 square feet ** Assumption: Any demolished house was 1-story Existing Construction Case Study