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HomeMy WebLinkAboutCIRCLE C ADULT RESIDENTIAL SERVICES - PDP190009 - CORRESPONDENCE - ADMINISTRATIVE INTERPRETATIONIn summary, Council adopted new formulas to calculate floor area ratios with the goal of limiting the over size, scale and footprint of new buildings in the Eastside and Westside Neighborhoods. The agenda materials clearly state that an additional 250 square -foot allowance was envisioned for detached accessory buildings, with no reference to an additional 250 square -foot (or total of 500 square -foot) allowance. For reference, and in support of this interpretation, the Agenda Item Summary that accompanied the ordinance is available here: htty•//ci tydocs.fc_aov.com/?cmd=convert&vid=72&docid=2050878&dt=AGENDA+ITEM &doc download date=MAR-05-2013&ITEM NUMBER=30 To the extent of our knowledge, staff has consistently applied this standard to ensure that no more than 250 square feet of additional allowance is applied to projects in the N-C-L district. In the case of lots less than 6,000 square feet in size, staff has not been allowing an additional 250 square feet of floor area for detached accessory structures. There is similar code language located in Division 4.8 for the Neighborhood Conservation Medium Density (N-C-M) zone district, which staff has also applied in a consistent way. Because the wording in these two sections currently allows for multiple interpretations, staff will follow this interpretation with anode change that clarifies the intent and approach to calculating allowable floor area. CONCLUSION: Per Section 4.7(13)(2)(a)(2), 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. No allowance will be made for an additional 250 square feet for detached accessory structures. I (10,00(1) square feet, an additional lHo hundred fifty (250) square feet shall he added for a detached accessory structure. leiphasis added 3. On a lot that is inure Than ten thousand ( HUM()) syuarr feet. the allowable flour area fur singe -family thyellings and huildint*s accessory to sincic- f:unily dwellings shall not exceed thirty (30) percent. plus two hundred tllt� (250) syuare feet for a detached accessory structure. 4. The allowahle floor area for huildings containima permitted uses othrr than single-family dwellitt_s and huildimp accessory to sin -le -fancily dwellings shall not exceed forty (40) percent of the lot area. b. For the pw'puse of calculatin11 allowahle flour area. one hundred ( 100) percent 01' the floor area of the follo" in,, spares and huilding elements shall be included: I. The total floor area o1 all principal buildings as measured :dung the onside walls of such huildim--, and including each finished or unfinished floor level plus the lotal floor area of the .:round floor o1 any accessory huildin1_1 lan_cr than one hundred twenty ( 1201 syuare feet. plu,v that portion of' tile floor area of any second story h;n ill" a ceiling heieht of at least seven and one-half (T 2) feet located ycithin such accessory huildin" on the lot. 2. Basement floor areas t\ here any exterior hasement "all is exposed by none than three (3) feel ahme the existing grade it[ the interior side lot line adjacent to the wall. 3. Roofed porches, balconies and breezeways that are enClowd un more than two (2) sides. 4. Carports. c. For the purpose of ralculatin , allowable Iloor area, the 11oor area of the follkm illy, spaces and huilcling elements shall he counted at two hundred (200) percent: Hi,_h yolunle spaces on the first or wcond fluor where the distance hemeen the Hour and the ceiling or rool' rafters directly ahovc is greater than lixrrteen ( 14) feet. d. Ivn (lie purpow of calculating allowable floor area, the flour area of the fullm\ ing spares and building rlenx•nls shall not he inrludctl: The first tywr hundred 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 ( 141) feet. jemphasis added INTERPRETATION: How much additional floor area is allowed on an N-C-L lot greater than 6,000 sf in size with a detached accessory dwelling? For lots in the N-C-L zone districts greater than 6,000 square feet, only 250 total additional square feet are allowed for a detached accessory structure. Sections 4.7(D)(2)(a)(2) and 4.7(D)(2)(d) could be read to imply that 250 square feet are allowed for lots greater than 6,000 square feet, in addition to excluding 250 square feet for accessory buildings, for a total of 500 additional square feet. However, the original intent for the code language in Section 4.7(D) was for no more than 250 square feet total to be exempted from the floor area calculations. Code changes related to floor area ratios in the N-C-L and N-C-M zone districts were adopted by City Council March 5, 2013 and were intended to implement the Eastside and Westside Neighborhoods Character Study. A link to Ordinance No. 033, 2013 is available here: https://Iibrary.municode.com/co/fort Collins/ordinances/land use'?nodeld=866101. 2 Fm City of mort Collins MEMORANDUM TO: Interested Parties Community Development & Neighborhood Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.224.6046 970.224.6050 - fax fcgov.com FROM: Tom Leeson, Community Development & Neighborhood Services Director Rebecca Everette, Development Review Manager DATE: August 7, 2019 SUBJECT: Administrative Interpretation #4-19 regarding the land use classification of the proposed Circle C Program development plan #PDP 190009. On July 22, 2019, the Community Development and Neighborhood Services Department received a request to clarify standards related to the allowable floor area in the Neighborhood Conservation Low -Density (N-C-L) zone district. The specific question is how Section 4.7(D)(2)(a)(2) should be interpreted in conjunction with Section 4.7(D)(2)(d), which both reference a 250 square foot floor area "bonus" for detached accessory buildings. An initial administrative interpretation was provided on March 27, 2019. The requestor followed up with questions about the application of this code section to properties less than 6,000 square feet in size. This revised interpretation corrects references to some code sections and provides additional information about how staff has applied the code to all properties in the N-C-L district. RELEVANT CODE STANDARDS: Division 4.7 - Neighborhood Conservation, Low Density District (N-C-L) (D) Land Use Standards. I ) Required Lot Area. Minimum lot area shall not be less than six thousand (6.000) squ:ur feel. 2) Allowahle Floor Area on Lot,,. a. The allowahle floor area shall he as follows: I. On it lot of Icss than five thousand (5.000) square feet, the allowable fluor area for sin_Ic-family dwclliriLs and huilding, arccssory' to siMI.IC-family dvaCllings shall not exceed fol-ty 140) percent of the lot area. 2. On it lot that is between five thousand (5.000) square Feet and tell Thousand 1 10.000) square feet. the allowahle Ioor area for single-family dwellings and huildinl_s acee,<,,ory to single-family dsacllim=s shall not exceed Utientc (20) percent of the lot area plus one thousand t LOOM square feel. On a lot that is between six thousand (6,000) square feet and ten thousand