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HomeMy WebLinkAbout003 - 02/01/2011 - MAKING AMENDMENTS TO THE CITY'S LAND USE CODE PERTAINING TO THE EAST SIDE AND WEST SIDE NEIGHBORHOOD ORDINANCE NO. 003, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO THE EAST SIDE AND WEST SIDE NEIGHBORHOODS WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, Policy HSG-3.1 of the City's Comprehensive Plan provides that the character of stable, residential neighborhoods should be preserved through neighborhood planning, assistance to neighborhood organizations, and supportive regulatory techniques; and WHEREAS, Policy EXN-1.4 of the City's Comprehensive Plan provides that the City will follow specific design standards for infill development and redevelopment with an emphasis on protecting existing residential neighborhood character; and WHEREAS, the City Council has also adopted the East Side Neighborhood Plan and the West Side Neighborhood Plan, which plans establish a vision and policies for their respective areas; and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, City staff has been requested to prepare and present to the City Council certain changes to the Land Use Code to address issues of concern regarding the compatibility of the size of new single-family houses and additions to existing single- family houses in the East Side and West Side Neighborhoods, particularly in the Neighborhood Conservation, Low Density Zone District and the Neighborhood Conservation, Medium Density Zone District, as compared to the size of existing principal structures in those zone districts; and WHEREAS, the City Council has received and considered the recommendation of the Planning and Zoning Board; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments comport with the City's Comprehensive Plan and the East Side Neighborhood Plan and West Side Neighborhood,Plan, and are in the best interest of the City and its citizens. 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 2.10.2(H) of the Land Use Code is hereby amended as follows: (H) Step 8 (Standards): Applicable, and the Zoning Board of Appeals may grant a variance from the standards of Articles 3 and 4 only if it finds that the granting of the variance would neither be detrimental to the public good nor authorize any change in use other than to a use that is allowed subject to basic development review; and that: (1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be varied would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the occupant of such property, or upon the applicant, provided that such difficulties or hardship are not caused by the act or omission of the occupant or applicant; (2) the proposal as submitted will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; or (3) the proposal as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be varied except in a nominal, inconsequential way when considered in the context of the neighborhood, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Any finding made under subparagraph (1), (2) or (3) above shall be supported by specific findings showing how the proposal, as submitted, meets the requirements and criteria of said subparagraph(1), (2) or(3). If a variance is sought from the standards contained in Division 4.7, Section (D)(2) or Division 4.8, Section (D)(2) the application for such variance shall be accompanied by a written recommendation from a committee of the Landmark Preservation Commission, as authorized under Section 2-278(b)(5) of the City Code. Section 2. That Sections 4.7(D) and (E) of the Land Use Code are hereby amended to read as follows: 2 Division 4.7 Neighborhood Conservation, Low Density District (N-C-L) (D) Land Use Standards. (1) Required Lot Area. Lot area shall be at least two and one-half(2%2) times the aggregate floor area of the building(s) situated on the lot, as further provided below, and not less than six thousand (6,000) square feet per principal building. "Aggregate floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of each finished or unfinished floor level of such buildings, 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(7'/z) feet located within any such accessory building located on the lot. (2) Allowable Floor Area of Street-Fronting Single-Family Dwellings. The allowable floor area of a street-fronting single-family dwelling shall not exceed forty-five (45) percent of the first three thousand (3,000) square feet of lot area, plus twenty-five (25) percent of the remaining lot area. For the purposes of this provision, "allowable floor area" shall mean the aggregate floor area of the street-fronting single-family dwelling, any garage attached to such dwelling, and any detached accessory building larger than one hundred twenty (120) square feet, except as provided in subsection (c) below. Additionally, the following shall apply: (a) If any horizontal eave along a side lot line is more than thirteen (13) feet above the surface of the lot, as measured at the lowest point of the interior side lot line that is opposite the eave, the floor area shall be calculated as if the building includes a second floor regardless of whether a second floor is physically built. (b) If any one story portion of a street-fronting single-family dwelling contains space that exceeds eighteen and one-half (18 1/2) feet in height from the ground floor to the top of the roof, such portion shall be counted as both a first and second floor even if such second floor is not physically built, or if such portion consists partly or wholly of attic space. 3 Figure 17.2 Volume that Counts as Floor Area Horizontal Eave Count as Second Floor" On Side Wall For Over 13'Height Floor Area Limits ----------------------- 13' Lowest Point on Lot Line Opposite Side Wall MM Front View Lot Line j Opposite Side Wall I i Count as "Second Floor" For Floor Area Limits 18Y� 18'/' Ground Floor NJ (c) The following shall not be included in the computation of the allowable floor area: 1. basements, provided that the top of the center of any basement side wall is no more than three (3) feet higher than the surface of the lot at the interior side lot line opposite the wall; and further provided that this height limitation shall not apply if a greater height is required by the City to accommodate safe and satisfactory drainage; 2. open balconies; 3. the first two hundred fifty (250) square feet of any detached accessory building that is larger than one hundred twenty (120) square feet, but only if located behind the 4 street-fronting principal building and separated from such principal building by at least ten (10) feet. (3) Allowable Floor Area of Carriage Houses. 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 (7'/z) 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. (4) 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. An applicant may also declare an intent for an accessory building to contain habitable space. 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 (7%z) 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) 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(7'/z) feet. (6) Floor Area Ratio of Rear Half of Lot (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot. All principal buildings and 'detached accessory buildings that exceed one hundred twenty (120) square feet of floor area shall be included in the calculation of FAR. (E) Dimensional Standards. (1) Minimum lot width shall be forty(40) feet. 5 (2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from T garage doors to the backs of public walks shall not be less than twenty (20) feet. (3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions. (4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall exceeds eighteen (18) feet in height, as measured from the surface of the lot, at the lowest point of the interior side lot line that is opposite the wall, such portion of the wall 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 wall height that exceeds eighteen (18) feet 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). Figure 17.3 Measurement of Side Wall Height Side Wall Lowest Height Point Measurement Opposite For Setback Side Wall Purposes e�°�' (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%z) stories. 1 6 Section 3. That Sections 4.8 (D) and (E) of the Land Use Code are hereby amended to read as follows: Division 4.8 Neighborhood Conservation, Medium Densitv District (N-C-M) (D) Land Use Standards. (1) Required Lot Area. Lot area shall be at least two times the aggregate floor area of the building(s) situated on the lot, as further provided below, and not less than the following: five thousand (5,000) square feet per principal building for a single-family or two-family dwelling, and six thousand (6,000) square feet for all other uses. "Aggregate floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of each finished or unfinished floor level of such buildings, 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 (7%) feet located within any such accessory building located on, the lot. (2) Allowable Floor Area of Street-Fronting Single-Family Dwellings. The allowable floor area of a street-fronting single-family dwelling shall not exceed forty-five (45) percent of the first three thousand (3,000) square feet of lot area, plus twenty-five (25) percent of the remaining lot area. For the purposes of this provision, "allowable floor area" shall mean the aggregate floor area of the street-fronting single-family dwelling, any garage attached to such dwelling, and any detached accessory building larger than one hundred twenty (120) square feet, except as provided in subsection (c) below. Additionally, the following shall apply: (a) If any horizontal eave along a side lot line is more than thirteen (13) feet above the surface of the lot, as measured at the -lowest point of the interior side lot line that is opposite the eave, the floor area shall be calculated as if the building includes a second floor regardless of whether a second floor is physically built. (b) If any one story portion of a street-fronting single-family dwelling contains space that exceeds eighteen and one-half (18 1/2) feet in height from the ground floor to the top of the roof, such portion shall be counted as both a first and second floor even if such second floor is not physically 7 built, or if such portion consists partly or wholly of attic space. Figure 17.6 Volume that Counts as Floor Area illillillillilllllll Horizontal Eave Count as"5econd7Floor" On side wall For Over IT Height Floor Area Lim ----- 13' Lowest Point on Lot Line Opposite Side Wall Front View Lot Line j Opposite Side Wall I 1 Count as "Second Floor" For Floor Area Limits 18'/]' 18 Ys Ground Floor NV (c) The following shall not be included in the computation of the allowable floor area: 1. basements, provided that the top of the center of any basement side wall is no more than three (3) feet higher than the surface of the lot at the interior side lot line opposite the wall; and further provided that this height limitation shall not apply if a greater height is required by the City to accommodate safe and satisfactory drainage; 2. open balconies; 8 3. the first two hundred fifty (250) square feet of any detached accessory building that is larger than one hundred twenty (120) square feet, but only if located behind the street-fronting principal building and separated from such principal building by at least ten (10) feet. (3) Allowable Floor Area of Carriage Houses. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. 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(7%) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with 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. (4) 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. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum 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(7%) 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) 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(7`h) feet. (6) Floor Area Ratio of Rear Half of Lot (FAR). Lots are subject to a maximum FAR of thirty-three hundredths (0.33) on the rear fifty (50) percent of the lot. All principal buildings and detached accessory buildings that exceed one hundred twenty (120) square feet of floor area shall be included in the calculation of FAR. 9 (E) Dimensional Standards. (1) Minimum lot width shall be forty (40) feet for each single-family and two-family dwelling and fifty (50) feet for each other use. If more than one (1) principal building is proposed to be constructed side-by- side on the same lot, then each such principal building must have at least forty(40) feet of street frontage for single-family and two-family dwellings, and at least fifty (50) feet of street frontage for each other use. (2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions. (4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall exceeds eighteen (18) feet in height, as measured from the surface of the lot at the lowest point of the interior side lot line that is opposite the wall, such portion of the wall 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 wall height that exceeds eighteen (18) feet. 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). Figure 17.7 Measurement of Side Wall Height Side Wall Lowest Height Point Measurement Opposite For Setback Side Wall Purposes 10 (5) Maximum building height shall be two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half(1%) stories. Section 4. That the definition "Block face" contained in Section 5.2.1 of the Land Use Code is hereby amended to read as follows: Block face shall mean one (1) side of a City block that abuts a street between two (2) intersections. Section 5. That Section 5.2.1 of the Land Use Code is hereby amended by the addition of a new definition "Principal building" which reads in its entirety as follows: Principal building shall mean any building except a detached accessory building. Section 6. That the City Manager is hereby directed to prepare and submit to the City Council, on or before January 31, 2013, a written report and recommendation regarding the implementation of the provisions of this Ordinance and, in particular, whether such implementation has, in his or her opinion, achieved the stated purposes of ensuring the compatibility of additions, alterations and new construction with existing structures in residential neighborhoods of the City without working an undue hardship on affected property owners. Section 7. 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 April 1, 2011. Introduced, considered favorably on first reading, and ordered published this 4th day of January, A.D. 2011, and to be presented for final passage on the 1st day of February, A.D. 2011. , Mayor ATTEST: 4,.Lr City Clerk 11 Passed and adopted on final reading on the 1 st f February, A.D. 2011 Mayor ATTEST: al City Clerk 12