agenda - City of Lafayette

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Aug 15, 2017 - Street Improvements, Traffic and Safety Control Devices, and Public Parking Lot. Improvements, and Settin
Statement of Vision Lafayette’s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy and active lifestyles. We envision a future that mixes small-town livability with balanced growth and superior city services.

Statement of Values We foresee a strong economy that is diverse and sustainable, attracts innovators, encourages a balance of big and small businesses, and meets the community’s needs. We intend to shape the future through strengthening our voice on environmental stewardship and social issues, taking an active role in sustainability and strategic planning development, and facilitating leadership development and fresh thinking. We strive to be a connected community that encourages cooperative relationships and inclusivity, expects accessibility and communication, nurtures resiliency, appreciates multi-culturalism, and humanizes physical and social interactions within the City. We support placemaking endeavors that stimulate historic preservation and the arts, encourage open space stewardship and networking of neighborhoods, and promote comprehensive planning and livability.

AUGUST 15, 2017

AGENDA 5:30 PM CITY COUNCIL MEETING I.

OPENING OF REGULARLY SCHEDULED MEETING Call to Order Pledge of Allegiance Roll Call

II.

FIRST READING / ORDINANCE NO. 30, SERIES 2017 / AMENDING CHAPTER 26 – DEVELOPMENT CODE / OLD TOWN DESIGN CRITERIA (Public Hearing held on August 1, 2017)

III.

PRESENTATION – SERVICE EXPANSION FEE (15 MIN)

IV.

PUBLIC INPUT (AFTER 6:30 PM)

V.

ELECTION ISSUES A. Second Reading / Ordinance No. 32, Series 2017 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, an Amendment to the Home Rule Charter Pertaining to the Residential Growth Management, and Setting the Ballot Title and Text Therefor B. Second Reading / Ordinance No. 33, Series 2017 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, an Amendment to the Home Rule Charter Pertaining to Council Compensation, and Setting the Ballot Title and Text Therefor

C. Resolution No. 2017-42 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, a Ballot Issue to Permanently Extend the Legacy Tax for the Acquisition and Maintenance of Open Space Property, and Setting the Ballot Title and Text Therefor D. Resolution No. 2017-43 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, a Ballot Issue Pertaining to a Storage Services Excise Tax with Revenues Dedicated to Cultural Arts, Historic Preservation, and the Miners Museum, and Setting the Ballot Title and Text Therefor E. Resolution No. 2017-44 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, a Ballot Issue to Authorize the Issuance of Revenue Bonds to Finance Street Improvements, Traffic and Safety Control Devices, and Public Parking Lot Improvements, and Setting the Ballot Title and Text Therefor VI.

ADJOURN TO LIQUOR AUTHORITY MEETING – PUBLIC HEARING (Table to September 5, 2017) F. Resolution No. 2017-45 / Granting a New Retail Liquor License / Thapa LLC dba Beer and Wine, 1208 Centaur Village Dr., Suite B, Lafayette, CO 80026 (Noticed after 5:30 pm in Daily Camera August 2, 2017)

VII.

RETURN TO REGULAR SESSION

VIII.

HISTORIC LANDMARK APPLICATION / THIRD PARTY NOMINATION / 200 W. BASELINE ROAD / CIRCLE MOTEL (Public Hearing held on December 6, 2016)

IX.

PUBLIC HEARINGS G. Second Reading / Ordinance No. 31, Series 2017 / Adopting the 2017 National Electric Code (Public Hearing required on second reading / noticed on July 26, 2017 and August 2, 2017 in Colorado Hometown Weekly) H. Planned Unit Development / 402 E. Geneseo Street (noticed on August 2, 2017 Colorado Hometown Weekly) I. Exception to Ordinance No. 28, Series 2017 / 90-Day Moratorium on Building Permits for Old Town Residential Structures / 402 E. Geneseo Street J. Exception to Ordinance No. 28, Series 2017 / 90-Day Moratorium on Building Permits for Old Town Residential Structures / 106 E. Cleveland Street

X.

REGULAR BUSINESS Resolutions K. Resolution 2017-46 / Authorizing an Intergovernmental Agreement with Boulder County and the City of Louisville / Purchase of Mayhoffer Open Space L. Resolution 2017-47 / Upholding Historic Preservation Board Decision to Deny a Certificate of Appropriateness / 209 West Simpson Street

XI.

CONSENT AGENDA M. Minutes of Regular Council Meeting of August 1, 2017 N. Second Reading / Ordinance No. 34, Series 2017 / Amending Chapter 47 – Historic Preservation / Demolition Public Hearing Notice O. Contract / 2017 Concrete Replacement Program / Bid Opening August 15, 2017

P. Easement Agreements / Orange Zone Water Line / Xcel Energy, South Boulder Canyon Ditch Company, and Colorado Department of Transportation Q. Contract / Fire Department Report-writing Software / Image Trend R. East Baseline Road Addition Replat A / Minor Subdivision S. East Baseline Road Addition Replat A / Site Plan Architectural Review T. Purchase Orders and Amendments XII.

COUNCIL APPOINTMENT - Waste Reduction Advisory Committee

XIII.

STAFF REPORTS U. City Attorney’s Report 1. Oil and Gas Line Mapping Ordinance Status V. City Administrator’s Report

XIV.

COUNCIL REPORTS

XV.

ADJOURN

To:

Gary Klaphake, City Administrator

From:

Karen Westover, Planning & Building Director

Date:

August 8, 2017

Subject:

First Reading / Ordinance No. 30, Series 2017 / Amending Chapter 26 – Development Code / Old Town Design Criteria

Recommendation: Approval of First Reading of Ordinance No. 30, Series 2017, Amending Chapter 26 of the Municipal Code regarding Old Town Design Criteria Background: A public hearing was held on August 1, 2017 for Ordinance No. 30, Series 2017 regarding Old Town Neighborhood Design Criteria. Following discussions with the City Attorney and the Consultant, Ordinance No. 30, Series 2017 (attached) has been amended with the following clarifications: 1. A definition of Lot Coverage has been added. 2. The provision removing street and side street covered porches from lot coverage and set back calculations has been moved from Section 26-18.1-4 Yard Requirements, to Section 26-18.1-3.1 Schedule of Requirements. 3. The City Attorney’s concern about full floor additions is addressed by removing Section 26-18.16.B.2 and adding “Using sloped roof forms, dormers, or other creative approaches to accommodate additional square footage on a second story without obscuring the original form of the principal building;” 4. Adding a new Section to the Ordinance (Section 8) to repeal the moratorium upon the effective date of Ordinance No. 30. The Public Hearing was closed on August 1, 2017. Based on the input gathered from Council, (Exhibit C) the following sections additional guidance: • Side Yard Setbacks – 5’, 8’ or 10’ depending on the height of the building, including accessory dwelling units. • Full floor additions (“Pop tops”) – See note 3. Above • Incorporation of Architectural Details – similar to existing building In addition to any other component of the Code Amendments, Council may also want to discuss the following sections: • Rear bulk plane – Steering Committee/Consultant recommendation change to remove it. • Accessory Dwelling Unit Size – 750 square foot increase in basement for a single story or 750 square foot increase on any level. • Covered Porches – front yard (including street side) only or all covered porches. Fiscal Impact: Staff is not aware of any fiscal impact. Attachments: Ordinance No. 30, Series 2017 Staff Report Dated July 27, 2017 Exhibit A – Consultant’s Proposal Exhibit B - Planning Commission Notice of Decision dated June 21 2017 Exhibit C – City Council feedback table

1

CITY OF LAFAYETTE ORDINANCE NO. 30, Series 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF LAFAYETTE, COLORADO PERTAINING TO THE ESTABLISHMENT OF, AND DESIGN CRITERIA FOR, THE OLD TOWN NEIGHBORHOOD OVERLAY ZONE DISTRICT WHEREAS, recent increased development activities in the state in general, and specifically in Lafayette, have resulted in the construction of structures of such mass and scale that may be detrimental to the goals of preserving the character of Lafayette’s historic “Old Town” area; and WHEREAS, the City secured the assistance of a consultant and, with public input, undertook a study of potential changes to the City’s land use code to address preserving the character of Old Town; and WHEREAS, as a result of this study, proposed changes to the City’s zoning code affecting design criteria in and adjacent to the OTR zone district were prepared and presented to the City’s Planning Commission; and WHEREAS, the City’s Planning Commission conducted a public hearing on June 21, 2017, and recommended that the City Council enact code changes to chapter 26 of the Lafayette Code of Ordinances to address the preservation of the character of Lafayette’s Old Town neighborhoods; WHEREAS, Lafayette City Council conducted public hearings on July 18, 2017 and August 1, 2017 on the Code changes to Chapter 26; and WHEREAS, Lafayette City Council wishes to amend the Code of Ordinances to preserve the Old Town neighborhoods.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. The Code of Ordinances of Lafayette, Colorado is hereby amended to add a new Section 26-2-2, “Old Town Neighborhood Overlay District”, to read as follows: Sec. 26-2- 2. Lafayette Old Town Neighborhood Overlay District. In addition to the basic zoning districts established by Section 26-2-1, there is established an overlay zone district designated as the Old Town Neighborhood Overlay District. This district encompasses the entirety of the Old Town Residential (OTR) zone district and portions of adjacent R-1, R-2 and T-1 zoned residential areas, and is establish to maintain

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

the existing character of the property within the overlay district. Regulations are established for this overlay district that shall apply in addition to, or as a modification of, the regulations established for any underlying basic zoning district encompassed within the Old Town Neighborhood Overlay District. Section 2. The Code of Ordinances of Lafayette, Colorado is hereby amended to add a new Section 26-3-2, “Old Town Neighborhood Overlay District Boundaries”, to read as follows: Sec. 26-3-2. Old Town Neighborhood Overlay District Boundaries. The Old Town Neighborhood Overlay District shall consist of, and include those properties shown in figure 1 below, and shall be shown on the “Zone District Map of the City of Lafayette”:

Figure 1

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

Section 3. Section 26-8-1 “Definitions” of the Code of Ordinances of Lafayette is amended to add the following definitions, to read as follows: Sec. 26-8-1. Definitions. Building Form. The shape and structure of a building as distinguished from its substance or material. Roof Forms. The type, arrangement of ridges or parapet walls, or materials used on a roof. Building mass. The three-dimensional bulk of a building height, width, and depth. Building scale. The size and proportion of a building relative to surrounding buildings and environs, adjacent streets, and pedestrians. Infill development. Development on a vacant or substantially vacant tract of land surrounded by existing development. Lot Coverage. The percentage of the lot that is covered by the footprint of all buildings and structures, including but not limited to covered and/or enclosed porches, patios, and decks. Redevelopment. Development on a tract of land with existing buildings where all or most of the existing buildings would be razed and a new building or buildings built. Section 4. The Code of Ordinances of Lafayette, Colorado is amended to add a new Section 26-18.1, “Old Town Neighborhood Overlay District Regulations”, to read as follows: Sec.26-18.1-1. Purpose. The Old Town Neighborhood Overlay District, and the regulations in this section, are intended to: (a) Promote future infill, redevelopment, and additions that are compatible with the traditional scale and massing of development traditionally found in Lafayette’s Old Town residential neighborhoods; (b) Mitigate potential impacts associated with future infill, redevelopment, and additions on existing single-family homes; and (c) Encourage the preservation of historic buildings in Lafayette’s Old Town residential neighborhoods. Sec.26-18.1-2. Applicability. The ”Schedule of Requirements” set forth in Section 26-18.1-3 below shall apply to all new development, infill development, redevelopment, additions, and/or substantial improvements to buildings located on properties within the Old Town Neighborhood Overlay District boundary, by reference to the underlying basic zone district that would otherwise apply. Except as modified by this Section 26-18.1, or a planned unit development, all other provisions of Chapter 26 of the Code of Ordinance of Lafayette, Colorado, as applicable to the underlying basic zone district, shall apply to the properties in the Old Town Neighborhood District

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

Sec. 26-18.1-3. – Schedule of Requirements The following density requirements apply to properties within the Old Town Neighborhood Overlay District: R1 – Medium Density Residential

R2 – Single- and Two-Family Residential

OTR – Old Town Residential

T1 – Transitional Business

45

45

45

45

35

35

35

35

25

20

20

20

5 8 10 20 10

5 8 10 20 10

7,000 7,000 30% 13 24

7,000 7,000 30% 13 24

5 20

5 20

5 20

5 20

Setbacks Front yard setback – Arterial street Front yard setback – Collector street Front yard setback – Local street Side yard setback 1-story building (16’ or less) 1 ½-story building (20’ or less) 2-story building (24’) Rear yard setback Side street setback

5 5 8 8 10 10 25 20 --Minimum Lot Area Single-family 7,000 7,000 Duplex -7,000 Maximum lot coverage 30 % 30% Maximum dwelling units/acre 6 10 Building height 24 24 Accessory Building or Structure Rear yard setback 5 5 Maximum height 16 16 Accessory Dwelling Unit Rear yard setback --Maximum height ---

a) Unenclosed covered porches that face the primary street frontage and/or the side street frontage (corner lots only) shall not count towards lot coverage and may encroach into the front yard setback up to a distance of six (6) feet from the dwelling but in in no case closer than three (3) feet from the property line. b) Lot coverage may be increased as follows, provided the total lot coverage resulting from the application of one or more of the following incentives does not exceed forty (40) percent:

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

1) Limiting construction to one-story (16 feet or less) for all primary and accessory structures, including accessory dwelling units: A lot coverage increase of ten (10) percent; 2) Limiting construction to a one and a half-story (20 feet or less) primary and accessory structures , including accessory dwelling unit: A lot coverage increase of five (5) percent; 3) Obtaining local historic landmark status for the primary structure on the lot in conjunction with the construction of an addition or accessory dwelling unit: A lot coverage increase of ten (10) percent , provided that such designation is obtained prior to granting of lot coverage increase, and all additions comply with the United States Secretary of the Interior’s Standards for Historic Preservation; 4) Preserving historic buildings: A lot coverage increase of ten (10) percent when all proposed additions or accessory dwelling units: i. Incorporate buildings over 50 years old; and ii. Preserve the full width of the front street-facing façade and at least seventy-five (75) percent of the front depth of the building, including all walls, porches, windows, roof forms, and other architectural elements located within these areas. 5) Preservation of Significant Trees: A lot coverage increase of two (2) percent for projects that preserve one or more significant trees in conjunction with the construction of a primary dwelling, addition, and/or accessory dwelling unit. For the purposes of this incentive, applicants must demonstrate what steps were taken as part of the site planning process to preserve the significant tree(s), and provide a letter from a certified arborist indicating that the significant tree(s) are free from disease and have an anticipated lifespan of at least ten (10) years. Significant trees shall be defined as follows: i. A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or ii. A minimum of ten (10) feet in height for a needled evergreen tree. For the purposes of 1), 2), and 3) in this subsection, the use of finished basements as a means to expand the livable area of a primary dwelling or accessory dwelling unit without expanding overall lot coverage is consistent with the intent of these incentives, as is the incorporation of a full finished basement in conjunction with the replacement of a failing foundation on a historic building. c) Modifications to maximum heights established by Table 26-B of this Chapter may not be granted as part of a planned unit development. d) A “bulk plane” analysis shall be applied to define the three dimensional area to which development will be limited. The “bulk plane” extends twelve (12) feet up from all four lot lines and angles in at 45-degree angles from the side and rear lot lines. The “buildable area”, or area in which development may occur, consists of the area within the required front, side, and rear yard setbacks and the defined bulk plane. (Figure 2 and Figure 3)

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

Figure 1- Bulk Plane as viewed from primary street frontage.

Figure 2-Bulk plane as viewed from side yard setback.

1. Individual dormers (shed or gable) may extend up to six (6) feet beyond the buildable area, with a maximum width of eight (8) feet. The portion(s) that extend beyond the buildable area shall have a combined width no greater than fifty (50) percent of the length of the roof upon which they are located. The width of the dormer shall be measured at the point that it intersects the bulk plane. 2. The end(s) of a side-gabled roof may extend up to five (5) feet beyond the buildable area with a maximum width of twenty (20) feet or no more than fifty (50) percent of

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

the length of the home, whichever is less. The width of the side-gabled roof shall be measured at the point that it intersects the bulk plane. Sec. 26-18.1-5. Accessory buildings, structures, and dwelling units. The floor area of an accessory dwelling unit shall not exceed seven hundred fifty (750) square feet above grade. An additional seven hundred fifty (750) square feet may be accommodated in a basement, in accordance with the lot coverage incentives provided in Sec.26-18.1-3 b). 26-18.1-6 - Site plan/architectural review criteria. The following supplemental criteria shall be used in conjunction with the Old Town Lafayette Design Resource Book, dated October 2001hereby adopted by City Council, as guidelines, in the review of all site plans and projects located in the Old Town Neighborhood Overlay District pursuant to section 26-16-7: a) All Development 1) A similar level of design treatment shall be provided on all four sides of a building. Blank walls devoid of windows or other details are prohibited. 2) The percentage of the front façade that is occupied by window and door openings shall be between twenty-five (25) and thirty (30) percent, as is typically found on traditional homes in Old Town. A minimum of ten (10) percent of all other facades shall be occupied by window and door openings. 3) Within twenty (20) feet of each side property line, the cumulative length of walls that exceed twelve (12) feet in height shall be limited to thirty (30) feet. The remaining walls shall: i. Be set back at least four (4) feet from portions of the wall plane that exceed twelve (12) feet in height; or ii. Not exceed twelve (12) feet in height.

Figure 4- Required side wall articulation through step down (top) or variation in the wall plane (bottom).

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

4) Air-conditioning units or other HVAC equipment mounted at the ground level must mitigate noise and heat impacts on adjacent residents through one or more of the following strategies: i) Locating equipment a minimum of ten (10) feet from ground level bedroom windows and unenclosed patios or porches on the adjacent home; ii) Locating equipment in a sound-buffering enclosure; and/or iii) Using equipment certified with a sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of sixty-five (65) DBA. 5) The primary entry of single-family homes shall face the primary street frontage. a) Additions 1) Additions shall incorporate roof and building forms similar to those found on the principal building. 2) Additions shall be designed to appear secondary to the principal building in terms of their mass and form when viewed from the public right of way. This standard may be accomplished through one or more of the following techniques (Figure 5 and Figure 6) i. Concentrating the mass and height of the addition behind and/or to the side of the principal building; ii. Using sloped roof forms, dormers, or other creative approaches to accommodate additional square footage on a second story without obscuring the original form and scale of the principal building; iii. Avoiding the use of building forms that would obscure, remove, or significantly modify the predominant roof form of the principal building, particularly those roof forms that are visible from the public right of way; iv. Incorporating a smaller scale building module or similar transition between the principal building and a larger addition to maintain the traditional form of the principal building; and/or v. Aligning or stepping down the height of an addition where it meets the principal building.

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

Figure 5 -Additions shall be designed to appear secondary to the principal building in terms of their mass and form when viewed from the public right of way.

3) For buildings that are greater than fifty (50) years old, a change in architectural detailing (e.g., materials, color) or offset in the building wall shall be provided where the addition meets the original building to provide a subtle distinction between old and new building forms. (Figure 6)

Figure 6-Use of change in building massing to provide a subtle distinction where an addition (shown in yellow) meets the original building form.

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

4) When adding on to a building that is greater than fifty (50) years old, incorporate architectural details that are in keeping with the architectural style of the original building, while still allowing the addition to reflect its time. c) Duplexes 1) At least one primary entrance shall face the primary street frontage. If both entrances face the primary street frontage, an offset in the front façade or other variation in building massing shall be provided to avoid the appearance of an identical or “mirrored” pair of units aligned at the front setback. (Figure 7)

Figure 7- Offsets and variation in building massing should be used to distinguish between entrances in street-facing duplex units (right) to avoid the appearance of an identical or “mirrored” pair of units aligned at the front setback (left).

d) Garages 1) Garages shall be located at the rear of the lot and accessed from an alley where one exists. 2) On corner lots, garage doors may face a side street and/or toward an alley where one exists. The number of continuous garage doors facing a side street is limited to two single-car garage doors, or one double-car garage door; however, additional garage doors may face an alley. 3) Developments encompassing two (2) acres or more shall incorporate alley access to allow for alley-loaded garages when feasible and when connecting to existing alleys. Sec. 26-18.1-7. - Landscaping regulations and guidelines. a) Tree replacement. Preservation of significant trees is encouraged. For the purposes of this standard, significant trees shall be defined as follows: 1) A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or 2) A minimum of ten (10) feet in height for a needled evergreen tree. b) Each significant tree that is not preserved shall be replaced on site in a location that can accommodate the anticipated width of the tree at maturity without pruning.

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

c) Replacement deciduous trees shall be a minimum of two (2) caliper inches measured six (6) inches above soil line. Replacement evergreen tree shall be a minimum of six (6) feet in height. Section 6. Section 26-18-8., “Increased lot coverage”, of the Code of Ordinances of the City of Lafayette, Colorado, is hereby amended to read as follows: 1 Sec. 26-18-8. Increased lot coverage. The planning commission may grant an increase in lot coverage upon finding that such increase meets the following criteria: (a) The increase meets the intent of a planned unit development as defined in section 2618-1; (b) The increase will not have a significant adverse effect on the surrounding area; (c) The increase is not detrimental to the public health, safety and welfare; (d) The increase promotes efficient use of land and its resources; (e) The increase is not inconsistent with the city's Comprehensive Plan; and (f) The project in which the increase is proposed provides creative and innovative design; and (g) The property is not located within the Old Town Neighborhood Overlay District. Section 7. Section 26-20-2. (a) “Off-street Parking Spaces Required” of the Code of Ordinances of the City of Lafayette, Colorado, is hereby amended to read as follows: 2 Sec. 26-20-2. Off-street parking spaces required. Unless otherwise provided for in this chapter, the following minimum number of off-street parking spaces are required for any structure with the corresponding use listed: (a) Residential Single-family and Two-family: Two (2) parking spaces per unit. Exemption: Lots zoned OTR that do not have alley access shall be exempt from 50% of the above off-street parking requirement. Accessory Dwellings: One (1) per unit- 750 square feet or less Two (2) per unit – greater than 750 square feet Multifamily:

1 2

Additions to the current text of the Code are indicated by underlining, and deletions are indicated by strikethrough. Additions to the current text of the Code are indicated by underlining, and deletions are indicated by strikethrough.

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

For multifamily developments that include a common, central parking lot the following shall apply: One and one-half (1.5) parking spaces per each one-bedroom unit; Two (2) parking spaces for each two-bedroom unit; Two and one-half (2.5) parking spaces for each three-bedroom unit. For multifamily developments that do not include a common, central parking lot the following shall apply: Two (2) parking spaces per unit plus one-half (0.5) spaces per unit conveniently located for guest parking. Section 8. Upon the effective day of this ordinance, Ordinance No.28, Series 2017, imposing a moratorium on the acceptance and processing of applications for, and the issuance of, certain building permits is repealed. Section 9. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 10. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 11. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 12. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 13. Violations of this ordinance shall be punishable in accordance with Section 1-10 of the Municipal Code of the City of Lafayette, Colorado. Section 14. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

Ordinance No. 30-2017 Old Town Neighborhood Overlay District

INTRODUCED AND PASSED ON FIRST READING THE _______ DAY OF ___________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017. CITY OF LAFAYETTE, COLORADO

____________________________________ Christine Berg, Mayor

ATTEST:

APPROVED AS TO FORM:

__________________________________ Susan Koster, CMC City Clerk

____________________________________ David S. Williamson, City Attorney

To:

Gary Klaphake, City Administrator

From:

Karen Westover, Planning & Building Director

Date:

July 27, 2017

Subject:

Ordinance No. 30, Series 2017 / Amending Chapter 26 – Development Code & Chapter 47 – Historic Preservation / Old Town Design Criteria and Demolition Public Hearing Notice

Recommendation: Approval of First Reading of Ordinance No. 30, Series 2017, Amending Chapters 26 and Chapter 47 of the Municipal Code regarding Old Town Design Criteria and Demolition Public Hearing Notice. Background: The City Council authorized the hiring of a consultant to develop a set of tools to guide future development in the Old Town neighborhood and preserve its character. Following community input and working with the Steering Committee, the Consultant prepared a package of Code amendments to create an overlay district. These Code amendments were presented to the Planning Commission for their review at a Public Hearing on June 21, 2017 and are attached as Exhibit A. The Planning Commission conducted the Public Hearing and recommended some changes to the Consultant’s proposal which are reflected in the Notice of Decision attached as Exhibit B. City Council held a public hearing on July 18, 2017 and reviewed the Consultant’s proposal and the Planning Commission’s recommendation. The City Council provided guidance on the proposal and Planning Commission’s recommendation. The results of this input has been tallied and is shown in attached Exhibit C. This information has been used to prepare Ordinance No. 30, Series 2017. With the ordinance, changes to the Consultant’s proposal are noted with italized and bold text. Topics with red text have been identified as needing additional discussion and are listed below. Staff will be prepared to answer any other topics that the City Council wants to address. The Ordinance on Code amendments requires a Public Hearing which has been scheduled for the August 1, 2017 meeting. Side Yard Setbacks: The Consultant and Planning Commission propose a sliding scale on side setbacks depending on the height of the building that is being constructed. Some community members have stated that the bulk plane requirement already provides a separation between adjacent houses and the sliding scale setback is redundant. The Consultant agrees that the bulk plane does provide the separation but the sliding scale setback gives a little bit more protection between the buildings. Council should discuss whether the additional protection is something to adopt or if the current 5’ setback is sufficient using the bulk plane requirements. Max Lot Coverage The Code currently allows a maximum lot coverage of 30%. The Consultant proposes a maximum of 25% with a list of incentives to increase lot coverage up to 35%. These incentives include: • 10 % increase for a one-story building • 5% increase for a one–and a half story • 10% increase for a Local Historic Landmark • 10% increase for a historic building – 50 years or older • 2% increase for preservation of a significant tree.

The Planning Commission recommended retaining the existing 30% lot coverage and increasing the incentive for Landmark and historic homes to a 15% increase, for a maximum lot coverage of 45% for lots with these historic structures. While the tally was close, the majority of City Council indicated retaining the 30% with the Consultant’s incentives and this is reflected in the ordinance. Bulk Plane The Planning Commission and City Council agree on the bulk plane requirements for the front and side yards, however there has been some discussion about the rear bulk plane and how that applies. A rear bulk plane will primarily apply to accessory structures and accessory dwelling units. With a 5’ rear setback for these types of structures, a bulk plane may be too restrictive and prohibit the use of some existing garages. The Steering Committee has also reconsidered the rear bulk plane recommendation. Staff recommends the rear bulk plane be removed from the ordinance. Unenclosed Covered Porches The Consultant proposes unenclosed covered porches that face the street or side street not count towards lot coverage and can encroach into the setbacks. The Planning Commission recommends this exception to lot coverage and setbacks apply to all covered porches including the side and rear yards. With this, a covered porch or second story deck (acting as a covered porch) could potentially extend the entire length of the rear yard. Allowing a covered porch to encroach into the side yard could encourage a wraparound porch. Staff recommends the covered porch in the front, side street and side yards be exempt from the setbacks and lot coverage regulations. Accessory Dwelling Units Currently, the Code allows accessory dwelling units (“ADU”) in the OTR zone to be a maximum of 750 square feet. As an incentive to construct a one-story unit, the Consultant proposes allowing an additional 750 square feet for an accessory dwelling unit provided the area is constructed in the basement. The Planning Commission recommends that the additional 750 square feet be allowed on any level (basement, ground level and/or second level). The majority of the City Council supports the Consultant’s proposal, while others support the Planning Commission recommendation (1), are undecided (1), and do not support any increase (1). Additions The Consultant proposes that full floor additions or “pop tops” be prohibited to help retain the original roof and building form and preserve the character of the area. The Planning Commission has recommended that this regulation be removed. The City Council was split on this section with 3 in favor of prohibiting the pop-top; 3 in favor of allowing them and 1 undecided. The City Council should discuss this provision and provide staff direction of whether or not to incorporate into the ordinance.

For buildings that are greater than fifty (50) years old, the Consultant proposes providing a subtle distinction between old and new building forms. The Planning Commission has recommended this provision be removed from the amendments. When additions are incorporated into the original building so there is no distinction, it gives a false sense of how the structure was historically built. The Secretary of Interior’s Standards for rehabilitation states in part that the new work shall be differentiated from the old and be compatible… This regulations supports the objective of maintaining the character of the Old Town neighborhood.

Parking The Consultant proposes that if the size of an accessory dwelling units are increase, an additional off-street parking space be provided. Given the limited size of the 750 square foot accessory dwelling unit, it was likely the unit would be occupied by one person or possibly a couple that shared a car. By expanding the size of an accessory dwelling unit it is more likely that two roommates could occupy the unit thus creating a need for an additional parking space. During the public meetings residents expressed a concern about increasing the parking problem on the streets. This requirement will help address the demand of on-street parking with new development. 47-22 – Public Hearing Notice for Demolition of buildings or structures not designated as historic landmarks. Currently a demolition permit is reviewed by the Historic Preservation Board at a public hearing. The notice for the public hearing is an advertisement in the newspaper and a sign posted on the property. The Consultant proposes that in addition to the newspaper and sign, letters be sent to all property owners within 750’, the same as quasi-judicial hearings before the Planning Commission. The ordinance has been prepared with this amendment.

Fiscal Impact: Staff is not aware of any fiscal impact.

Attachments: Ordinance No. 30, Series 2017 Exhibit A – Consultant’s Proposal Exhibit B - Planning Commission Notice of Decision dated June 21 2017 Exhibit C – City Council feedback table

EXHIBIT A Old Town Residential Neighborhoods Overlay District (Adoption Draft: June 2017) Proposed regulations and zoning code amendments in this draft Old Town Residential Neighborhoods Overlay District are shown as underlined text for new language or as strikethrough text for existing language that is proposed to be removed. Upon adoption by the Planning Commission and City Council, these recommendations would be codified as part of the City’s Development and Zoning Code.

Purpose The Old Town Residential Neighborhoods Overlay District is intended to: •

Promote future infill, redevelopment, and additions that are compatible with the traditional scale and massing of development traditionally found in Lafayette’s Old Town Residential Neighborhoods;



Mitigate potential impacts associated with future infill, redevelopment, and additions on existing single-family homes; and



Encourage the preservation of historic buildings in Lafayette’s Old Town Residential Neighborhoods.

Applicability The Old Town Residential Neighborhoods Overlay District (Figure 1) shall be applicable to all new development, infill development, redevelopment, additions, and/or substantial improvements to buildings located on properties within the Old Town Residential Neighborhoods boundary that are zoned R-1 (Medium Density Residential), R-2 (Single- and two-family residential), OTR (Old Town Residential), and T1 (Transitional Business).The base zone districts within the Old Town Residential Neighborhoods boundary shall continue to apply unless modified by the terms of this Overlay District or a planned unit development. 1

1

Variations to maximum height and lot coverage would not be permitted as part of future planned unit developments. Variations in setbacks and building spacing would be permitted. City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017 Figure 1- Old Town Residential Neighborhoods boundary.

City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017

Sec. 26-8-1. Definitions •

Building mass. The three-dimensional bulk of a building height, width, and depth.



Building scale. The size and proportion of a building relative to surrounding buildings and environs, adjacent streets, and pedestrians.



Infill development. Development on a vacant or substantially vacant tract of land surrounded by existing development.



Redevelopment. Development on a tract of land with existing buildings where all or most of the existing buildings would be razed and a new building or buildings built.

Sec. 26-9-3. – Schedule of Requirements (Table 26-B) Proposed modifications for within the Old Town Residential Neighborhoods boundary are shown in the shaded cells below and footnotes below:

Front yard setback – Arterial street Front yard setback – Collector street Front yard setback – Local street Side yard setback -within Old Town Residential Neighborhoods boundary 1-story building (16’ or less) 1 ½-story building (20’ or less) 2-story building (24’) Side yard setback -outside of Old Town Residential Neighborhoods boundary Rear yard setback Side street setback Single-family Duplex Maximum lot coverage[1] Maximum dwelling units/acre Building height [2][3] Rear yard setback 2 Maximum height Rear yard setback Maximum height

R1 – Medium Density Residential Setbacks 45 35 25

R2 – Single- and TwoFamily Residential

OTR – Old Town Residential

45 35 20

45 35 20

5 8 10

5 8 10

5 8 10

5

5

--

25 20 --Minimum Lot Area 7,000 7,000 -7,000 25% 25% 6 10 24 24 Accessory Building or Structure 5 5 16 16 3 Accessory Dwelling Unit -----

20 10 7,000 7,000 25% 13 24 5 20 5 20

2

Within the Old Town Residential Neighborhoods boundary height is measured in accordance with: Sec. 26-14-8. Height provisions.

3

ADUs are not permitted in R-1 or R-2 districts. City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017 [1] Within the Old Town Residential Neighborhoods boundary increases in lot coverage may be granted as follows, provided the total lot coverage resulting from the application of one or more of the incentives offered does not exceed thirty-five (35) percent: •

(a) Construction of a one-story primary dwelling, addition, and/or accessory dwelling unit (16 feet or less): A lot coverage increase of up to ten (10) percent may be granted;



(b) Construction of a one and a half-story primary dwelling, addition, and/or accessory dwelling unit (20 feet or less): A lot coverage increase of up to five (5) percent may be granted;



(c) Obtaining local historic landmark status in conjunction with the construction of an addition or accessory dwelling unit: A lot coverage increase of up to ten (10) percent may be granted; designation must be obtained prior to granting of lot coverage increase. Additions must comply with the Secretary of the Interior’s Standards for Historic Preservation;



(d) Preserving historic buildings: A lot coverage increase of up to ten (10) percent may be granted for additions or accessory dwelling units that: — Incorporate buildings over 50 years old; and — Preserve the full width of the front street-facing façade and at least seventy-five (75) percent of the front depth of the building, including all walls, porches, windows, roof forms, and other architectural elements located within these areas.



(e) Preservation of Significant Trees: A lot coverage increase of up to two (2) percent may be granted for projects that preserve one or more significant trees in conjunction with the construction of a primary dwelling, addition, and/or accessory dwelling unit. For the purposes of meeting this incentive, applicants must demonstrate what steps were taken as part of the site planning process to preserve the significant tree(s), and provide a letter from a certified arborist indicating that the signficant tree(s) are free from disease and have an anticipated lifespan of at least ten (10) years. Significant trees shall be defined as follows: — A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or — A minimum of ten (10) feet in height for a needled evergreen tree.

For the purposes of (a), (b), and (d) in this subsection, the use of finished basements as a means to expand the livable area of a primary dwelling or accessory dwelling unit without expanding overall lot coverage is consistent with the intent of these incentives, as is the incorporation of a full finished basement in conjunction with the replacement of a failing foundation on a historic building. [2] Within the Old Town Residential Neighborhoods boundary, modifications to maximum heights established by Table 26-B may not be granted as part of a planned unit development. [3] Within the Old Town Residential Neighborhoods boundary, a bulk plane shall be applied that extends twelve (12) feet up from all four lot lines and angles in at 45-degree angles from the side and rear lot lines. The buildable area—or area in which development may occur—consists of the area within the required front, side, and rear yard setbacks and the combined side and rear bulk plane. (Figure 2 and Figure 3)

City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017

Figure 2- Bulk Plane as viewed from primary street frontage.

Figure 3-Bulk plane as viewed from side yard setback.



Dormers (shed or gable) may extend up to six (6) feet beyond the building envelope, with a maximum width of eight (8) feet. The portion(s) that extend beyond the building envelope shall have a combined width no greater than fifty (50) percent of the length of the roof they are located on. The width of the dormer shall be measured at the point that it intersects the bulk plane.



The end(s) of a side-gabled roof may extend up to five (5) feet beyond the building envelope with a maximum width of twenty (20) feet or no more than fifty (50) percent of the length of the home, whichever is less. The width of the side-gabled roof shall be measured at the point that it intersects the bulk plane.

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017

Sec.26-14-6. – Yard requirements •

(h) Except as otherwise provided in subsection (i) of this section, every part of a required yard shall be unobstructed by buildings from ground level upward except for architectural features, or projections of architectural features as follows: — (i) Cornices, sills and ornamental features, not to exceed twelve (12) inches; — (ii) Roof eaves, not to exceed eighteen (18) inches; — (iii) Uncovered porches, slabs and patios; walks and steps; all when less than thirty-six (36) inches above the ground; — (iv) Fire escapes and individual balconies not used as passageways may project eighteen (18) inches into any required side yard, or four (4) feet into any required front or rear yard; — (v) Solar collection devices and equipment, not to exceed eighteen (18) inches or ten (10) percent of the required setback, whichever is greater; — (vi)Unenclosed covered porches that face the primary street frontage, and/or the side street frontage (corner lots only). For the purposes of this subsection, an unenclosed covered porch shall mean that the front and sides of the porch are unobstructed by walls, screening, glass or any other material except support columns, in all areas of such front and sides that are more than three (3) feet above the floor of the porch. 4



(i) In the Old Town Residential zone district, an unenclosed covered porch that is attached to a principal dwelling unit, which dwelling unit was in existence as of the effective date of this section, November 15, 2002, may encroach into the front or side street yard setback area up to a distance of six (6) feet from such dwelling unit, but in no case shall any portion of such encroachment be closer than three (3) feet from the front or side street lot line, as the case may be. For the purposes of this subsection, an unenclosed covered porch shall mean that the front and sides of the porch are unobstructed by walls, screening, glass or any other material except support columns, in all areas of such front and sides that are more than three (3) feet above the floor of the porch.



(j) In the Old Town Residential zone district, an addition to a previously constructed legal nonconforming principal dwelling unit may encroach into the front, side street or rear yard setback area in an amount that is equal to but not greater than the legal nonconforming encroachment of such dwelling unit into the front, side street or rear lot line setback area, respectively, but in no case may the addition be closer than three (3) feet from the front, side or rear lot line, as the case may be.

Sec. 26-14-19. Accessory buildings, structures, and dwelling units. •

The floor area of an accessory dwelling unit shall not exceed seven hundred fifty (750) square feet above grade. An additional seven hundred fifty (750) square feet may be accommodated in a basement, in accordance with the lot coverage incentives provided in Sec.26-9-3.

4 This provision incentivizes the use of covered porches by removing them from the lot coverage calculation.

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017

26-16-7.1. - Site plan/architectural review criteria. The following supplemental criteria shall be used in conjunction with the Old Town Lafayette Design Resource Book in the review of all site plans and projects located in the Old Town Residential Neighborhoods boundary pursuant to section 26-16-7: All Development •

A similar level of design treatment shall be provided on all four sides of a building. Blank walls devoid of windows or other details are prohibited.



The percentage of the front façade that is occupied by window and door openings shall be between twenty-five (25) and thirty (30) percent, as is typically found on traditional homes in Old Town. A minimum of ten (10) percent of all other facades shall be occupied by window and door openings.



Within twenty (20) feet of each side property line, the cumulative length of walls that exceed twelve (12) feet in height shall be limited to thirty (30) feet. The remaining walls shall: — Be set back at least four (4) feet from portions of the wall plane that exceed twelve (12) feet in height; or — Not exceed twelve (12) feet in height.

Figure 4—Required side wall articulation through stepdown (top) or variation in wall plane (bottom).

City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017



Air-conditioning units or other HVAC equipment mounted at the ground level must mitigate noise and heat impacts on adjacent residents through one or more of the following strategies: — Locating equipment a minimum of ten (10) feet from ground level bedroom windows and unenclosed patios or porches on the adjacent home; — Locating equipment in a sound-buffering enclosure; and/or — Using equipment certified with a sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of sixty-five (65) DBA.

• Single-family homes shall be oriented towards the primary street frontage. Additions •

Additions shall incorporate roof and building forms similar to those found on the principal building.



Full floor additions or “pop tops” that obscure the form of the original building shall be prohibited. For the purposes of this subsection, a full floor addition or “pop top” shall mean a second story addition that involves the wholesale removal the original roof form for the purposes of adding a floor plate and ceiling height on the second floor that is equivalent to or greater than that found on the first floor of the original building. (Figure 5)

Figure 5- Full floor additions or “pop tops” (right) that obscure the form of the original building (left) are prohibited.



Additions shall be designed to appear secondary to the principal building in terms of their mass and form when viewed from the public right of way. This standard may be accomplished through one or more of the following techniques (Figure 6 and Figure 7): — Concentrating the mass and height of the addition behind the principal building; — Avoiding the use of building forms that would obscure, remove, or significantly modify the predominant roof form of the principal building, particularly those roof forms that are visible from the public right of way; — Incorporating a smaller scale building module or similar transition between the principal building and a larger addition to maintain the traditional form of the primary building; and/or — Aligning or stepping down the height of an addition where it meets the principal building.

City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017

Figure 6-Additions shall be designed to appear secondary to the principal building in terms of their mass and form when viewed from the public right of way.



For buildings that are greater than fifty (50) years old, a change in architectural detailing (e.g., materials, color) or offset in the building wall shall be provided where the addition meets the original building to provide a subtle distinction between old and new building forms. (Figure 7)

Figure 7-Use of change in building massing to provide a subtle distinction where an addition (shown in yellow) meets the original building form.



When adding on to a building that is greater than fifty (50) years old, incorporate architectural details that are in keeping with the architectural style of the original building, while still allowing the addition to reflect its time.

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017 Duplexes •

Duplexes shall orient at least one primary entrance toward the primary street frontage. If both entrances are oriented towards the primary street frontage, an offset in the front façade or other variation in building massing shall be provided to avoid the appearance of an identical or “mirrored” pair of units aligned at the front setback. (Figure 8)

Figure 8- Offsets and variation in building massing should be used to distinguish between entrances in street-facing duplex units (right) to avoid the appearance of an identical or “mirrored” pair of units aligned at the front setback (left).

Garages •

Garages shall be located at the rear of the lot and accessed from an alley where one exists.



On corner lots, garages may be oriented toward a side street and/or toward an alley where one exists.The number of continuous garage doors oriented toward a side street is limited to two single-car garage bays, or one double-car garage bay; however, additional garage bays may be oriented toward an alley.



Developments encompassing two (2) acres or more shall incorporate alley access to allow for alley-loaded garages when feasible and when connecting to existing alleys. 5

Sec. 26-18-8. Increased lot coverage. •

5

The planning commission may grant an increase in lot coverage upon finding that such increase meets the following criteria: — (a) The increase meets the intent of a planned unit development as defined in section 2618-1; — (b) The increase will not have a significant adverse effect on the surrounding area; — (c) The increase is not detrimental to the public health, safety and welfare; — (d) The increase promotes efficient use of land and its resources; — (e) The increase is not inconsistent with the city's Comprehensive Plan; and — (f) The project in which the increase is proposed provides creative and innovative design; and — (g) If located within the Old Town Residential Neighborhoods boundary lot coverage increases shall be limited to those stipulated in Sec. 26-9-3.

Reflects typical block size in Old Town Residential neighborhoods (including alley). City of Lafayette

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Old Town Residential Neighborhoods Overlay District – Adoption Draft: June 2017

Sec. 26-19-5. - Landscaping regulations and guidelines 6. (e) Tree replacement. Within the Old Town Residential Neighborhood boundary, Significant trees shall be preserved to the maximum extent feasible. For the purposes of this standard, significant trees shall be defined as follows: •

A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or

• A minimum of ten (10) feet in height for a needled evergreen tree. Each significant tree deemed to be not feasible for preservation shall be replaced on site in a location that can accommodate the anticipated width of the tree at maturity without pruning. Replacement deciduous trees shall be a minimum of two (2) caliper inches measured six (6) inches above soil line. Replacement evergreen tree shall be a minimum of six (6) feet in height.

6

Replacement sizes are consistent with Sec. 26-19-5. Landscaping regulations and guidelines. City of Lafayette

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EXHIBIT B Planning & Building Department Planning Commission Notice Of Decision Type Of Project: Code Amendments – Old Town Design Criteria

Date: 6-21-17 File Number: M-2-17

Project Name: Code Amendments – Old Town Design Criteria Project Summary: In mid-2016, the City of Lafayette and Historic Preservation Board initiated a process in response to concerns about recent development in Lafayette’s Old Town Neighborhoods. As part of this process, City staff and the Historic Preservation Board were directed by City Council to work with area residents, property owners, and stakeholders to develop an enhanced set of tools to guide future development, which may include: 1) infill on a vacant lot (single family or duplex); 2) redevelopment through demolition/replacement of an existing building; 3) additions to an existing building; or an accessory dwelling unit. An 8-member steering committee, along with consultants from Clarion and Associates, helped shepherd the review of the existing city code, community outreach, as well as potential code changes designed to revise what style of development occurs in the Old Town neighborhood. Request: Review of code amendments to Chapter 26 Development and Zoning Applicant/Owner: City of Lafayette Site Location: Old Town Residential Zone Action Taken: Planning Commission recommended the City Council approve amendments to Chapter 26 of the Lafayette Municipal Code with their changes as outlined in the attached pages. Planning Commission Vote: Four in favor, one opposed, two absent Appeal Process: Planning Commission action is a recommendation to City Council. Item will be forwarded on to City Council for a decision. ***************************************************************** Distribution: x File x City Attorney x Building Official x City Administrator x Plans Analyst x City Council x Public Works x Planning Commission x Historic Preservation Board x Clarion Associates, Consultant *****************************************************************

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017

Old Town Residential Neighborhoods Overlay District (Adoption Draft: June 2017) Proposed regulations and zoning code amendments in this draft Old Town Residential Neighborhoods Overlay District are shown as underlined text for new language or as strikethrough text for existing language that is proposed to be removed. Upon adoption by the Planning Commission and City Council, these recommendations would be codified as part of the City’s Development and Zoning Code.

Purpose The Old Town Residential Neighborhoods Overlay District is intended to: 

 

Promote future infill, redevelopment, and additions that are compatible with the traditional scale and massing of development traditionally found in Lafayette’s Old Town Residential Neighborhoods; Mitigate potential impacts associated with future infill, redevelopment, and additions on existing single-family homes; and Encourage the preservation of historic buildings in Lafayette’s Old Town Residential Neighborhoods.

Applicability The Old Town Residential Neighborhoods Overlay District shall be applicable to all new development, infill development, redevelopment, additions, and/or substantial improvements to buildings located on properties that are zoned OTR (Old Town Residential). The base zone districts within the Old Town Residential Neighborhoods boundary shall continue to apply unless modified by the terms of this Overlay District or a planned unit development.

Sec. 26-8-1. Definitions    

Building mass. The three-dimensional bulk of a building height, width, and depth. Building scale. The size and proportion of a building relative to surrounding buildings and environs, adjacent streets, and pedestrians. Infill development. Development on a vacant or substantially vacant tract of land surrounded by existing development. Redevelopment. Development on a tract of land with existing buildings where all or most of the existing buildings would be razed and a new building or buildings built.

Sec. 26-9-3. – Schedule of Requirements (Table 26-B) Proposed modifications for within the Old Town Residential Neighborhoods boundary are shown in the shaded cells below and footnotes below:

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017 OTR – Old Town Residential Setbacks Front yard setback – Arterial street Front yard setback – Collector street Front yard setback – Local street Side yard setback -within Old Town Residential Neighborhoods boundary 1-story building (16’ or less) 1 ½-story building (20’ or less) 2-story building (24’) Side yard setback -outside of Old Town Residential Neighborhoods boundary Rear yard setback Side street setback

45 35 20

5 8 10 -20 10 Minimum Lot Area

Single-family Duplex Maximum lot coverage[1] Maximum dwelling units/acre Building height [2][3]

7,000 7,000 25% 13 24 Accessory Building or Structure

Rear yard setback Maximum height1

5 20 Accessory Dwelling Unit 2

Rear yard setback Maximum height

5 20

[1] Within the Old Town Residential Neighborhoods boundary increases in lot coverage may be granted as follows, provided the total lot coverage resulting from the application of one or more of the incentives offered does not exceed forty (40) percent. If :  (a) Construction of a one-story primary dwelling, addition, and/or accessory dwelling unit (16 feet or less): A lot coverage increase of up to ten (10) percent may be granted;  (b) Construction of a one and a half-story primary dwelling, addition, and/or accessory dwelling unit (20 feet or less): A lot coverage increase of up to five (5) percent may be granted;  (c) Obtaining local historic landmark status in conjunction with the construction of an addition or accessory dwelling unit: A lot coverage increase of up to fifteen (15) percent may be granted; designation must be obtained prior to granting of lot coverage increase. Additions must comply with the Secretary of the Interior’s Standards for Historic Preservation;  (d) Preserving historic buildings: A lot coverage increase of up to fifteen (15) percent may be granted for additions or accessory dwelling units that:

1

Within the Old Town Residential Neighborhoods boundary height is measured in accordance with: Sec. 26-14-8. Height provisions.

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017



— Incorporate buildings over 50 years old; and — Preserve the full width of the front street-facing façade and at least seventy-five (75) percent of the front depth of the building, including all walls, porches, windows, roof forms, and other architectural elements located within these areas. (e) Preservation of Significant Trees: A lot coverage increase of up to two (2) percent may be granted for projects that preserve one or more significant trees in conjunction with the construction of a primary dwelling, addition, and/or accessory dwelling unit. For the purposes of meeting this incentive, applicants must demonstrate what steps were taken as part of the site planning process to preserve the significant tree(s), and provide a letter from a certified arborist indicating that the signficant tree(s) are free from disease and have an anticipated lifespan of at least ten (10) years. Significant trees shall be defined as follows: — A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or — A minimum of ten (10) feet in height for a needled evergreen tree.

For the purposes of (a), (b), and (d) in this subsection, the use of finished basements as a means to expand the livable area of a primary dwelling or accessory dwelling unit without expanding overall lot coverage is consistent with the intent of these incentives, as is the incorporation of a full finished basement in conjunction with the replacement of a failing foundation on a historic building. [3] Within the Old Town Residential Neighborhoods boundary, a bulk plane shall be applied that extends twelve (12) feet up from all four lot lines and angles in at 45-degree angles from the side and rear lot lines. The buildable area—or area in which development may occur—consists of the area within the required front, side, and rear yard setbacks and the combined side and rear bulk plane. (Figure 2 and Figure 3)

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017

Figure 2- Bulk Plane as viewed from primary street frontage.

Figure 1-Bulk plane as viewed from side yard setback.





Dormers (shed or gable) may extend up to six (6) feet beyond the building envelope, with a maximum width of eight (8) feet. The portion(s) that extend beyond the building envelope shall have a combined width no greater than fifty (50) percent of the length of the roof they are located on. The width of the dormer shall be measured at the point that it intersects the bulk plane. The end(s) of a side-gabled roof may extend up to five (5) feet beyond the building envelope with a maximum width of twenty (20) feet or no more than fifty (50) percent of the length of the home, whichever is less. The width of the side-gabled roof shall be measured at the point that it intersects the bulk plane.

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017

Sec.26-14-6. – Yard requirements 





(h) Except as otherwise provided in subsection (i) of this section, every part of a required yard shall be unobstructed by buildings from ground level upward except for architectural features, or projections of architectural features as follows: — (i) Cornices, sills and ornamental features, not to exceed twelve (12) inches; — (ii) Roof eaves, not to exceed eighteen (18) inches; — (iii) Uncovered porches, slabs and patios; walks and steps; all when less than thirty-six (36) inches above the ground; — (iv) Fire escapes and individual balconies not used as passageways may project eighteen (18) inches into any required side yard, or four (4) feet into any required front or rear yard; — (v) Solar collection devices and equipment, not to exceed eighteen (18) inches or ten (10) percent of the required setback, whichever is greater; — (vi)Unenclosed covered porches. For the purposes of this subsection, an unenclosed covered porch shall mean that the front and sides of the porch are unobstructed by walls, screening, glass or any other material except support columns, in all areas of such front and sides that are more than three (3) feet above the floor of the porch. 3 (i) In the Old Town Residential zone district, an unenclosed covered porch that is attached to a principal dwelling unit, which dwelling unit was in existence as of the effective date of this section, November 15, 2002, may encroach into the front or side street yard setback area up to a distance of six (6) feet from such dwelling unit, but in no case shall any portion of such encroachment be closer than three (3) feet from the front or side street lot line, as the case may be. For the purposes of this subsection, an unenclosed covered porch shall mean that the front and sides of the porch are unobstructed by walls, screening, glass or any other material except support columns, in all areas of such front and sides that are more than three (3) feet above the floor of the porch. (j) In the Old Town Residential zone district, an addition to a previously constructed legal nonconforming principal dwelling unit may encroach into the front, side street or rear yard setback area in an amount that is equal to but not greater than the legal nonconforming encroachment of such dwelling unit into the front, side street or rear lot line setback area, respectively, but in no case may the addition be closer than three (3) feet from the front, side or rear lot line, as the case may be.

Sec. 26-14-19. Accessory buildings, structures, and dwelling units. 

The floor area of an accessory dwelling unit shall not exceed seven hundred fifty (750) square feet above grade. An additional seven hundred fifty (750) square feet may be accommodated in a basement. Such a configuration may be located in up to a 2-story structure.

3 This provision incentivizes the use of covered porches by removing them from the lot coverage calculation.

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017

26-16-7.1. - Site plan/architectural review criteria. The following supplemental criteria shall be used in conjunction with the Old Town Lafayette Design Resource Book in the review of all site plans and projects located in the Old Town Residential Neighborhoods boundary pursuant to section 26-16-7: All Development   The percentage of the front façade that is occupied by window and door openings shall be between twenty-five (25) and thirty (30) percent, as is typically found on traditional homes in Old Town.  Within twenty (20) feet of each side property line, the cumulative length of walls that exceed fourteen (14) feet in height shall be limited to thirty-five (35) feet. The remaining walls shall: — Be set back at least four (4) feet from portions of the wall plane that exceed fourteen (14) feet in height; or — Not exceed fourteen (14) feet in height.

Figure 3—Required side wall articulation through stepdown (top) or variation in wall plane (bottom).

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017 —  Single-family home entry’s shall be apparent from the primary street frontage. Additions 

Additions shall be designed to appear secondary to the principal building in terms of their mass and form when viewed from the public right of way. This standard may be accomplished through one or more of the following techniques (Figure 6 and Figure 7): — Concentrating the mass and height of the addition behind and/or to the side of the principal building; — Avoiding the use of building forms that would obscure, remove, or significantly modify the predominant roof form of the principal building, particularly those roof forms that are visible from the public right of way; — Incorporating a smaller scale building module or similar transition between the principal building and a larger addition to maintain the traditional form of the primary building;

and/or — Aligning or stepping down the height of an addition where it meets the principal building.

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017

Figure 4-Additions shall be designed to appear secondary to the principal building in terms of their mass and form when viewed from the public right of way.



For buildings that are greater than fifty (50) years old, a change in architectural detailing (e.g., materials, color) or offset in the building wall shall be provided where the addition meets the original building to provide a subtle distinction between old and new building forms. (Figure 7)

Figure 7-Use of change in building massing to provide a subtle distinction where an addition (shown in yellow) meets the original building form.

Duplexes 

Duplexes shall orient at least one primary entrance toward the primary street frontage. If both entrances are oriented towards the primary street frontage, an offset in the front façade or other variation in building massing shall be provided to avoid the appearance of an identical or “mirrored” pair of units aligned at the front setback. (Figure 8)

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017

Figure 8- Offsets and variation in building massing should be used to distinguish between entrances in street-facing duplex units (right) to avoid the appearance of an identical or “mirrored” pair of units aligned at the front setback (left).

Garages  Garages shall be located at the rear of the lot and accessed from an alley where one exists.  On corner lots, garages may be oriented toward a side street and/or toward an alley where one exists.The number of continuous garage doors oriented toward a side street is limited to two single-car garage bays, or one double-car garage bay; however, additional garage bays may be oriented toward an alley. 

Sec. 26-18-8. Increased lot coverage. 

The planning commission may grant an increase in lot coverage upon finding that such increase meets the following criteria: — (a) The increase meets the intent of a planned unit development as defined in section 26-18-1; — (b) The increase will not have a significant adverse effect on the surrounding area; — (c) The increase is not detrimental to the public health, safety and welfare; — (d) The increase promotes efficient use of land and its resources; — (e) The increase is not inconsistent with the city's Comprehensive Plan; and — (f) The project in which the increase is proposed provides creative and innovative design;

Sec. 26-19-5. - Landscaping regulations and guidelines4. (e) Tree replacement. Within the Old Town Residential Neighborhood boundary, significant trees shall be preserved to the maximum extent feasible. For the purposes of this standard, significant trees shall be defined as follows:  A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or  A minimum of ten (10) feet in height for a needled evergreen tree.

4

Replacement sizes are consistent with Sec. 26-19-5. Landscaping regulations and guidelines.

City of Lafayette

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Old Town Residential Neighborhoods – Planning Commission Recommendation: June 2017 For the purposes of meeting this incentive, applicants must demonstrate what steps were taken as part of the site planning process to preserve the significant tree(s), and provide a letter from a certified arborist indicating that the signficant tree(s) are free from disease and have an anticipated lifespan of at least ten (10) years. Each significant tree deemed to be not feasible for preservation shall be replaced on site in a location that can accommodate the anticipated width of the tree at maturity without pruning. Replacement deciduous trees shall be a minimum of two (2) caliper inches measured six (6) inches above soil line. Replacement evergreen tree shall be a minimum of six (6) feet in height.

Sec. 26-20-2. – Off-street parking spaces required. Unless otherwise provided for in this chapter, the following minimum number of off-street parking spaces are required for any structure with the corresponding use listed: (a) Residential. Single-family and two-family: Two (2) parking spaces per unit. Exemption: Lots zoned OTR that do not have alley access shall be exempt from fifty (50) percent of the above off-street parking requirement. Accessory dwellings: One (1) per unit. For ADUs larger than 750 sf, two (2) per unit shall be provided.

City of Lafayette

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EXHIBIT C Old Town Residential Neighborhoods –City Council Input (August 2017) Section Applicability

Sec. 26-8-1. Definitions

Sec. 26-9-3. Schedule of Requirements (Table 26-B)

1 2

Consultant Recommendation: Adoption Draft: June 20171 As described on page 1 and depicted in Figure 1 (page 2)

Define key terms used in proposed overlay district as follows: building mass, building scale, infill development, and redevelopment. (Top of page 3) Table 26-B generally (Page 3) Includes a variety of proposed changes to address massing and scale considerations as follows: Side yard setbacks Use a sliding side yard setback based on building height that ranges from 5 to 10 feet (versus standard 5 foot setback that currently applies) Building height Reduce maximum height from 27’ to 24’ Maximum lot coverage Reduce (baseline) maximum lot coverage from 30% to 25% with the ability to achieve up to 35% through the application of incentives (See [1] – page 4) PUD exception Limit adjustments to maximum heights as part of planned unit developments within the proposed boundary to increase predictability (See [2] – page 4)

Planning Commission Recommendation: June 20172 Remove properties that are currently zone R1, R2, and T1 from the proposed boundary (limit applicability to properties zoned OTR)-(page 2) No change

Table 26-B generally Remove proposed changes to R1 and R2 (in accordance with proposed changes to applicability noted above) (page 2-3) Side yard setbacks No change (page 3) Building height No change (page 3) Maximum lot coverage Increase maximum lot coverage that may be achieved through the application of one or more incentives to 40 percent (from 35 percent) to further incentivize preservation of historic buildings (page 3) PUD exception Remove provision limiting modification of height as part of planned unit developments within the proposed boundary (page 4)

City Council Recommendation: July 2017 Remove the section north of Baseline Road East of 111th Street.

No Change

Side yard setbacks Consultant Rec -3 in favor More Discussion – 2 in favor Leave at 5’ – 2 in favor Maximum Lot Coverage Consultant Rec – 2 Leave at 30% - 4 Leave at 30% with no incentives– 1 PUD exception Consultant Rec – 5 PC Rec - 2

All page numbers referenced in column a correspond to Exhibit A – Old Town Residential Neighborhoods Overlay District (Adoption Draft: June 2017) Page numbers correspond to Exhibit B-Planning Commission Notice of Decision- 6-21-17

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EXHIBIT C Old Town Residential Neighborhoods –City Council Input (August 2017) Section

Consultant Recommendation: Adoption Draft: June 20171 Bulk plane Introduce new bulk plane requirement (See [3] –pages 4 and 5)

Sec.26-14-6 – Yard Requirements

Remove covered porches (facing the primary street frontage or a side street frontage (corner lots only) from the lot coverage calculation as an incentive to encourage the use of this architectural feature, while still preserving side yard setbacks and privacy for adjacent residents (page 6)

Sec. 26-14-19. Increase the allowable size of an accessory Accessory dwelling unit (in a basement) in buildings, conjunction with the lot coverage structures, and incentives provided in Table 26-B as an dwelling units incentive for smaller scale ADUs (page 6) Sec.26-16-7.1. Site Plan/Architectural Review Criteria All Development Design Resource Book (page 7) Codify reference to Old Town Lafayette Design Resource Book as a tool to be used in the review of projects within the proposed boundary to convey a clear expectation that applicants should use this tool in preparing their submittals, while recognizing that codifying the resource book in its entirety was neither viable nor consistent with community feedback expressing desire to maintain flexibility with respect to architectural design.

Planning Commission Recommendation: June 20172

City Council Recommendation: July 2017

Bulk plane No change (page 4-5) Remove stipulation limiting this provision to covered porches that face the primary street frontage and/or the side street frontage (corner lots only) (page 6)

Consultant Rec – 4 Front & side street (only ) Covered Porches do not count in lot coverage calculation and setbacks

Allow ADUs up to 1500sf (on any level) (page 6)

Design Resource Book (page 7) No change

PC Rec – 3 All covered porches do not count in lot coverage calculations and setbacks. Accessory Dwelling Unit Size Consultant Rec – 4 PC Rec – 1 Undecided – 1 No Increase – 1

No Change

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EXHIBIT C Old Town Residential Neighborhoods –City Council Input (August 2017) Section

Consultant Recommendation: Adoption Draft: June 20171

Planning Commission Recommendation: June 20172

City Council Recommendation: July 2017

Four-sided design  Prohibit blank walls and require a similar level of design treatment on all four sides of a building (page 7-first bullet)  Require that between 25 and 30% of front facade be occupied by window and/or door openings and 10% side or rear facades (page 7-second bullet) Side wall articulation Limit overall length of two-story walls along the side property line to 30 feet and require that the remaining walls either step down in height (to 12 feet) or step back (4 feet) after the maximum length is exceeded. (page 7-last bullet/sub-bullets and Figure 4) Ground-mounted mechanical Establish a menu of options to guide the siting of ground-mounted mechanical equipment as part of a new development or major additions to minimize impacts on adjacent residents while still recognizing the need for flexibility based on site conditions. (First bullet/sub-bullets - top of page 8) Building orientation Require that single-family homes be oriented toward the primary street frontage (page 8 – second bullet)

Four-sided design  Remove provision prohibiting blank walls and requiring a similar level of design treatment on all four sides of a building (page 7)  Remove provision requiring a minimum of 10% of side or rear facades to be occupied by window and/or door openings (page 7) Side wall articulation (page 7)  Increase wall height threshold from 12’ to 14’  Increase allowable cumulative length of walls to 35’ from 30’ Ground-mounted mechanical Remove proposed requirement (page 8) Building orientation Modify proposed provision to require that single-family home entrances shall be “apparent” from the primary street frontage vs. “oriented-toward” (page 8)

Four-sided design Consultant – 5 PC - 1 Undecided – 1

Side wall articulation Consultant Rec – 5 PC Rec – 1 Undecided - 1

Ground-mounted mechanical Consultant Rec – 5 PC Rec – 2 Building orientation Consultant Rec – 4 PC Rec – 2 Remove proposal - 1

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EXHIBIT C Old Town Residential Neighborhoods –City Council Input (August 2017) Section Additions

Consultant Recommendation: Adoption Draft: June 20171 Roof and building forms Require additions incorporate roof and building forms similar to those found on the principal building (page 8-first bullet under additions) Full-floor additions Prohibit full-floor additions or “pop-tops” (page 8-second bullet under Additions and Figure 5) Massing and form Require that additions be designed to appear secondary to the principal building in terms of their mass and form, based on a menu of options for accomplishing the intent of the requirement. (page 8-last bullet/sub-bullets under Additions and Figure 6 and 7) Architectural details  Require a subtle distinction between old and new building forms (for additions to buildings that are greater than 50 years old) (page 9- first bullet and Figure 7)  Require incorporation of architectural details that are in keeping with the architectural style of the original building (for additions to buildings that are greater than 50 years old) – (page 9-last bullet)

Planning Commission Recommendation: June 20172 Roof and building forms Remove proposed provision (page 8) Full-floor additions Remove proposed provision (page 8) Massing and form Incorporate language as part of first subbullet to address potential for addition to the side of the principal building (page 8) Architectural details (page 9)  No change to provision requiring a subtle distinction between old and new building forms  Remove provision requiring the incorporation of architectural details that are in keeping with the architectural style of the original building (for additions to buildings that are greater than 50 years old)

City Council Recommendation: July 2017 Roof and building forms Consultant Rec – 4 PC Rec – 3 Full-floor additions Consultant Rec – 3 PC Rec – 3 Undecided – 1 Massing and form Consultant Rec– 2 PC Rec – 5 (Concentrating the

mass and height of the addition behind and or to the side of the principal building) Architectural details Subtle distinction Consultant Rec – 5 PC Rec – 2 Incorporation of arch details Consultant Rec – 3 PC Rec – 3 Undecided - 1

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EXHIBIT C Old Town Residential Neighborhoods –City Council Input (August 2017) Section Duplexes

Garages

Sec. 26-18-8. Increased Lot Coverage

Consultant Recommendation: Adoption Draft: June 20171 Require that at least one primary entrance be oriented toward the primary street frontage and that an offset be provided when two entrances face the front to avoid the appearance of a “mirrored” pair of units. (page 10- first bullet and Figure 8) Location Require garages be located at the rear of the lot and be accessed from an alley where one exists. (page 10 – first bullet under garages) Corner lots Limit the number of continuous garage doors that may be oriented toward a side street to two single-car bays or one doublecar bay (page 10 – second bullet under garages) Larger sites Require development projects encompassing 2 or more acres (approximately one block) to incorporate alley access/alley-loaded garages) (page 10 – third bullet under garages) Limit adjustments to maximum lot coverage as part of planned unit developments within the proposed boundary to the incentives stipulated in Sec. 26-9-3 to increase predictability (page 10)

Planning Commission Recommendation: June 20172 No change (page 9-10 and Figure 8)

Location No change (page 10) Corner lots No change (page 10) Larger sites Remove proposed provision (no longer applicable based on proposed change to boundary) (page 10)

Remove proposed limitation (page 10)

City Council Recommendation: July 2017 No change

Larger sites Consultant Rec – 6 PC Rec – 1

No PUD approval of lot coverage only incentives Consultant Rec – 5 PC Rec – 1 Conditional Incentives – 1

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EXHIBIT C Old Town Residential Neighborhoods –City Council Input (August 2017) Section Sec.26-19-5. Landscaping Regulations and Guidelines

Sec.26-20-2. OffStreet Parking Spaces Required

Consultant Recommendation: Adoption Draft: June 20171 Require replacement of significant trees (to the maximum extent feasible) as part of future development to help support the regeneration of the tree canopy within the Old Town Residential Neighborhood boundary overtime. (page 11) Require one additional parking space be provided for ADUs larger than 750 sf – two per unit (Note: no page # as this provision was inadvertently left out of the June draft)

Planning Commission Recommendation: June 20172 Provide more specific parameters as to how the provision would be applied. (page 10-11)

City Council Recommendation: July 2017 Tree Replacement Consultant Rec – 4 PC Rec – 2 More discussion - 1

Include parking requirement as originally intended (page 11)

In Favor – 5 More discussion – 1 N/A no increase in ADU size - 1

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WILLIAMSON & HAYASHI, LLC ATTORNEYS AT LAW 1650 38TH STREET SUITE 103 WEST BOULDER, COLORADO 80301 DAVID S. WILLIAMSON WILLIAM P. HAYASHI MATHEW MUNCH

Telephone: 303-443-3100 Fax: 303-443-7835

MEMORANDUM TO:

Mayor and City Council, City of Lafayette

COPY TO:

Gary Klaphake, Paul Rayl, Karen Westover and Roger Caruso

FROM:

David S. Williamson

DATE:

August 7, 2017

RE:

Residential Growth Management Charter Amendment- Alternate Language

Following Council’s discussion on the Growth Management Ballot question (Ordinance No. 32, Series 2017, which was adopted on first reading at the last meeting) I prepared 3 alternative questions for your consideration. All three eliminate the “wipe the slate clean” exemption, and focus on accommodating the affordable housing site. The three alternates are attached. Alternate A-- Keeps everything as is, but addresses the affordable housing site only. It substitutes the 24 acre site for the Josephine Commons site. This version does not impact the current 6 year cycle. If approved, there will still need to be an election next year to extend the Amendment (with the 24 acre site embedded in the Amendment) for another 6 years. Alternate B-- Does the same as Alternate A, and does not impact the current 6 year cycle. It does start a new 6 year cycle beginning in 2019, so it would eliminate the need for an election in 2018. Alternate C—This is the language that I understood Councilor Wiesley asked that I prepare. It substitutes the 24 acre site for the Josephine Commons site, and extends the Amendment for a new 6 year cycle beginning January 1, 2018. This alternative would eliminate the need for an election in 2018. Alternate A is the most straight forward and simplest change, which seems to address the most of the concerns expressed by the public. Addressing the affordable housing site this year, as opposed to next year (or latter) has two advantages-- (1) it allows Boulder County Housing Authority’s planning and financing process to move forward, which would otherwise be very difficult given the uncertainty as to the ability to obtain permits in the future; and (2) by addressing the exemption now, as opposed to next year, will make the extension question next year less confusing and more straight forward. The main downside to Alternate A is the expense

Residential Growth Management Alternatives Page |2 associated with having to have an election next year, however that may not be a significant expense given that there will be a general election in November next year. (If Lafayette does not move forward with this question this year, the City will have the expense next year anyway.) Alternate B does the same as A, keeps the existing 6 year cycle intact, but would eliminate the need for an election on the charter amendment next year if the measure passes. Alternate C effectively does the same as B, but ends the current 6 year cycle at the end of 2017, making it a 5 year cycle. Without the “wipe the slate clean” exemption that was in the original version of Ordinance No. 32, ending the cycle this year could significantly impact projects that are currently in the pipeline and the planning associated with those projects as it relates to the growth management system. If you prefer any of the alternates to the version that was approved on first reading, you can move to amend Ordinance 32 to substitute the favored alternative when the matter comes before Council on second reading on August 14. Of course you may modify the language of any version as you see fit.

Original Ordinance 32, 2017 –Presented on First Reading August 1 ORDINANCE NO. 32, Series 2017 INTRODUCED BY: MAYOR PRO TEM GUSTAVO REYNA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO SUBMITTING TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2017, AN AMENDMENT TO THE HOME RULE CHARTER PERTAINING TO RESIDENTIAL GROWTH MANAGEMENT, AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, in 1995 the City amended its Home Rule Charter to require a system of Residential Growth Management that intended to limit residential growth in the City to a rate of no more than 3% per year; and WHEREAS, the 1995 Residential Growth Management Charter Amendment generally restricted the issuance of residential dwelling unit permits to 1200 during a six year period, and further restricted issuance of permits to 200 per year during such six year period; and WHEREAS, at the November 2012 municipal election the Residential Growth Management Charter Amendment was amended to retain the overall 1200 unit restriction over a period of six years, but allowing City Council the flexibility to distribute those permits over the six year period in a manner consistent with market demands, allowing for greater efficiency in the planning process. The 2012 amendment also provided for an exemption for those developments that had obtained permit allocations prior to the 2012 election, but only if they were developed in substantial compliance with their approved final plan; and WHEREAS, the additional flexibility on a year-to-year basis with respect to allocation of the same restricted number of building permits over a six-year period, according to criteria established by City Council ordinance, has worked well to protect the overall growth management goals of the original 1995 Charter Amendment, yet allowed development to move forward in an orderly manner that is responsive to market fluctuations; and WHEREAS, since the inception of the Residential Growth Management Charter Amendment, the amendment has included provisions to exempt both specific development projects and unspecific projects (to the extent of 50 permits per year) that facilitate the City’s goal of encouraging affordable housing alternatives; and WHEREAS, the availability of housing that is affordable to all citizens remains a high priority to the City; WHEREAS, while the existing six year term of the Residential Growth Management Charter Amendment is set to expire at the end of 2018, addressing an extension of the amendment in 2017 will allow greater certainty, and facilitate the planning process the next six year cycle. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS:

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 2 of 6

Section 1. Pursuant to the provisions of Article 20, Section IX of the Constitution of the State of Colorado and Section 31-2-210(1)(b) of the Colorado Revised Statutes at a coordinated, regular municipal election, to be held on Tuesday, November 7, 2017, there shall be submitted to the vote of the registered electors of the City of Lafayette the following changes to charter provisions and ballot questions and titles to amend the Charter. (STRIKE THROUGH DENOTES REPEAL OR DELETION OF CHARTER SECTIONS AND UNDERSCORE DENOTES ADDITIONS TO CHARTER SECTIONS): Question No. ___ - Residential Growth Management Section 6.10. Residential Growth Management. The Council shall by resolution annually determine the number of new dwelling units to be built in that calendar year and the anticipated number to be built in the next calendar year. The total number of new dwelling units between January 1, 20132018, and January 1, 20192024, shall not exceed one thousand two hundred (1,200). City Council shall adopt an ordinance setting out criteria it will utilize in determining the annual number of new dwelling units that are allowed to be built in any such year, which will address allocation of permits for new dwelling units over the entire six—year period. No building permits issued by the city in any calendar year shall allow a number of new dwelling units exceeding the number set by the resolution. Single-family residences, duplexes, triplexes or four-plexes on lots existing prior to May 23, 1995, or on lots that result from subdivision of lots, existing prior to May 23, 1995, into no more than two (2) parcels, along with all industrial and commercial construction, shall be exempt from the above limitations. The approximately 12-acre parcel located in the SE quarter of Section 35, Township 1 North, Range 69 West, north of the intersection of Brooks Avenue and Dounce Street, shall be exempt from the above limitations so long as it is developed for residential purposes by the Boulder County Housing authority or its agent. Dwelling units located within mixed use building complexes within the Urban Renewal Area - Lafayette Old Town, as that Area existed as of January 1, 2000, shall also be exempt from the above limitations. Dwelling units located within mixed use building complexes within the Countryside Village Shopping Center and the 4 2 acres of vacant land owned by Boulder County, a portion of the Urban Renewal Area - South Boulder Revitalization Area, as that Area existed as of January 1, 2006, shall also be exempt from the above limitations; subject however, to conditions which shall be enacted by ordinance of Council regarding duration of the exemption and limits of the number of dwelling units. Those developments within the City for which City Council, prior to November 67, 20122017, had determined and assigned by resolution a priority classification and building permit allocation pursuant to the City’s Residential Growth Management Program that was in place prior to November 67, 20122017, shall be exempt from the above limitation and may receive such building permits without regard to the calendar year for which their permits were allocated, but 2

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 3 of 6

only to the extent that such properties are developed substantially in compliance with the approved preliminary plan upon which their allocations are based. Those properties within the City that, prior to November 67, 20122017, were eligible to be in the category of “otherwise entitled to priority,” pursuant to the City’s Residential Growth Management Program, by reason of commitments made by the City that existed prior to May 23, 1995, with respect to annexation, shall be exempt from the above limitation. . In addition to the dwelling units authorized by this section, the Council may authorize the construction of up to fifty (50)developments for which the PUD overall development plan or final plan restricts at least 40% of the total number of units as permanently affordable dwelling units per yearshall be exempt from the above limitation and may receive building permits without regard to the limitations set forth herein. "Permanently affordable dwelling unit" shall mean a dwelling unit that is deed restricted for perpetuity to permit persons whose household income is less than or equal to eighty percent (80%) of the then-current Boulder County area median income, as may be adjusted from time to time, to qualify to purchase or rent the dwelling unit. Unissued building permits for permanently affordable dwelling units may not be carried forward from year to year, but the Council may approve the issuance of building permits for more than fifty (50) permanently affordable dwelling units in a single calendar year if the number of building permits for permanently affordable dwelling units approved in the following year is reduced by an equal amount. Nothing in this amendment shall be construed to alter any legally binding agreement or commitment of the City of Lafayette, existing prior to May 23, 1995, under then existing ordinances, explicitly requiring the issuance of a given number of permits for a subdivision or planned unit development. The City Council may by majority vote award the minimum number of additional permits in excess of the maximum number of permits otherwise allowed under the terms of this amendment necessary to meet such agreements or commitments, provided the additional number of dwelling units is included within the maximum of one thousand two hundred (1,200) dwelling units authorized between January 1, 2013 2018 and January 1, 20192024. Any transferee, grantee, or assignee of any applicant's interest in any such agreement or commitment shall be subject to the terms and conditions under which the permits for the project were originally allocated. If construction authorized by any building permit has not commenced within one hundred eighty (180) day[s] after it is issued, the permit shall become void and may be re-issued by the city on a first come, first served basis, up to the permit maximum for that year.

Section 6.12. Amendments to comprehensive plan. The Lafayette Comprehensive Plan shall provide for an average growth rate of not greater than three (3) percent per year in the Lafayette Comprehensive Planning Area. The Lafayette 3

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 4 of 6

Comprehensive Plan shall also contain an urban growth boundary map that identifies the city's urban growth boundary. No new development or annexation may occur outside of the urban growth boundary. After adoption, the urban growth boundary may not be changed except by an affirmative vote of not less than six (6) members of the Council. Section 6.14. Sunset clause. At, or before, the last generalregular election prior to the expiration of the limits herein [ November 20182023], these provisions, in their entirety, shall be presented to the voters of Lafayette in a referendum for extension, and all dates referenced herein shall be adjusted for an additional six-year period. Section 6.15. Limitations on legally binding building commitments. Until after the election provided for in Section 6.14, no agreement or commitment, by itself or with any other such agreements or commitments, may be made that commits the city to issue building permits for more than two hundred (200) dwelling units per year to be built after December 31,20182024.

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CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 5 of 6

BALLOT TITLE Question ___ – Residential Growth Management SHALL THE EXISTING RESIDENTIAL GROWTH MANAGEMENT RESTRICTIONS OF CHAPTER VI OF THE LAFAYETTE HOME RULE CHARTER BE AMENDED TO EXTEND AND RETAIN THE AGGREGATE BUILDING PERMIT CAP FOR THE SIX (6) YEAR PERIOD BETWEEN JANUARY 1, 2018 TO JANUARY 1, 2024; TO ALLOW THE NUMBER OF ANNUAL PERMIT ALLOCATIONS TO BE SET BY CITY COUNCIL; TO EXEMPT THOSE DEVELOPMENTS THAT HAVE PREVIOUSLY RECEIVED, OR ARE ELIGIBLE FOR, A PRIORITY STATUS; AND TO ALLOW FOR THE EXEMPTION OF DEVELOPMENTS CONSIST OF AT LEAST 40% AFFORDABLE HOUSING UNITS?

YES

NO

Section 2. Pursuant to the Uniform Election Code of Colorado Revised Statutes, the municipal regular election of November 7, 2017, shall be conducted as a coordinated, mail ballot election and the Election Official is hereby authorized and directed to take all such actions as are necessary or desirable there under to effectuate the election as a coordinated, mail ballot election. Section 3. The Council appoints Susan Koster, City Clerk, as the designated election official (the “Election Official”) for purposes of the election. The Election Official shall have all of the rights and obligations prescribed under statutes for such an Election Official in the conduct of a coordinated election and shall act as primary liaison between Boulder County Clerk and the City with respect to the election as provided in the Intergovernmental Agreement. Section 4. The City authorizes the City Clerk, to enter into and carry out the terms of an Intergovernmental Agreement (the “Intergovernmental Agreement”) with the Boulder County Clerk as required by state statute, describing the allocation of responsibility among the County Clerk, the City and the other political subdivisions in the County for the preparation and the conduct of the election and the provision for reasonable sharing of the cost of the election among the County, the City and the other participating political subdivisions. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

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CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 6 of 6

Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE 1ST DAY OF AUGUST, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017. CITY OF LAFAYETTE, COLORADO

Christine Berg, Mayor

ATTEST:

___________________________ Susan Koster, City Clerk

APPROVED AS TO FORM: _________________________________ David S. Williamson, City Attorney

PUBLISHED: Colorado Hometown Weekly _____________________ 2017.

6

ALTERNATE A—EXEMPT FLATIRONS SITE ONLY CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO SUBMITTING TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2017, AN AMENDMENT TO THE HOME RULE CHARTER PERTAINING TO RESIDENTIAL GROWTH MANAGEMENT, AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, in 1995 the City amended its Home Rule Charter to require a system of Residential Growth Management that intended to limit residential growth in the City to a rate of no more than 3% per year; and WHEREAS, the 1995 Residential Growth Management Charter Amendment generally restricted the issuance of residential dwelling unit permits to 1200 during a six year period, and further restricted issuance of permits to 200 per year during such six year period; and WHEREAS, the Residential Growth Management Charter Amendment was most recently extended and amended at the November 2012 municipal election to retain the overall 1200 unit restriction over a period of six years, but allowing City Council the flexibility to distribute those permits over the six year period in a manner consistent with market demands, allowing for greater efficiency in the planning process; and WHEREAS, the existing six year term of the Residential Growth Management Charter Amendment is set to expire at the end of 2018, subject to extension for another six years by a vote of the Lafayette electorate at the November 2018 election, as provided in Section 6.14 of the Charter: and WHEREAS, the Residential Growth Management Charter Amendment has historically included provisions to exempt both specific development projects, such as Josephine Commons, and unspecific projects (to the extent of 50 permits per year) that facilitate the City’s goal of encouraging affordable housing alternatives; and WHEREAS, the availability of housing that is affordable to all citizens remains a high priority to the City. To that end, the City, in conjunction with Boulder County and the Boulder County Housing Authority, recently acquired title to an approximate 24 acre parcel of vacant land southwest of the intersection of Emma Street and 120th Street that is intended, and legally restricted, to development as an affordable housing community, which development is anticipated to take place within the next ten years; WHEREAS, City Council wishes to refer to the electorate a proposed amendment to the Residential Growth Management Charter Amendment that would remove the 24 acre parcel from the restrictions of the Residential Growth Management Charter Amendment in order to accommodate the orderly development of that site by the Boulder County Housing Authority as an affordable housing community.

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 2 of 5

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Pursuant to the provisions of Article 20, Section IX of the Constitution of the State of Colorado and Section 31-2-210(1)(b) of the Colorado Revised Statutes at a coordinated, regular municipal election, to be held on Tuesday, November 7, 2017, there shall be submitted to the vote of the registered electors of the City of Lafayette the following changes to charter provisions and ballot questions and titles to amend the Charter. (STRIKE THROUGH DENOTES REPEAL OR DELETION OF CHARTER SECTIONS AND UNDERSCORE DENOTES ADDITIONS TO CHARTER SECTIONS): Question No. ___ - Residential Growth Management Section 6.10. Residential Growth Management. The Council shall by resolution annually determine the number of new dwelling units to be built in that calendar year and the anticipated number to be built in the next calendar year. The total number of new dwelling units between January 1, 2013, and January 1, 2019, shall not exceed one thousand two hundred (1,200). City Council shall adopt an ordinance setting out criteria it will utilize in determining the annual number of new dwelling units that are allowed to be built in any such year, which will address allocation of permits for new dwelling units over the entire six— year period. No building permits issued by the city in any calendar year shall allow a number of new dwelling units exceeding the number set by the resolution. Single-family residences, duplexes, triplexes or four-plexes on lots existing prior to May 23, 1995, or on lots that result from subdivision of lots, existing prior to May 23, 1995, into no more than two (2) parcels, along with all industrial and commercial construction, shall be exempt from the above limitations. The approximately 1224-acre parcel located in the SE quarter of Section 35, Township 1 North, Range 69 Westdescribed as Tract A 1, Coal Park, City of Lafayette, County of Boulder, Colorado, north southwest of the intersection of Brooks AvenueEmma Street and Dounce 120th Street, shall be exempt from the above limitations so long as it is developed for residential purposes by the Boulder County Housing Authority or its agent. Dwelling units located within mixed use building complexes within the Urban Renewal Area - Lafayette Old Town, as that Area existed as of January 1, 2000, shall also be exempt from the above limitations. Dwelling units located within mixed use building complexes within the Countryside Village Shopping Center and the 4 acres of vacant land owned by Boulder County, a portion of the Urban Renewal Area - South Boulder Revitalization Area, as that Area existed as of January 1, 2006, shall also be exempt from the above limitations; subject however, to conditions which shall be enacted by ordinance of Council regarding duration of the exemption and limits of the number of dwelling units. 2

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 3 of 5

Those developments within the City for which City Council, prior to November 6, 2012, had determined and assigned by resolution a priority classification and building permit allocation pursuant to the City’s Residential Growth Management Program that was in place prior to November 6, 2012, shall be exempt from the above limitation and may receive such building permits without regard to the calendar year for which their permits were allocated, but only to the extent that such properties are developed substantially in compliance with the approved preliminary plan upon which their allocations are based. Those properties within the City that, prior to November 6, 2012, were eligible to be in the category of “otherwise entitled to priority,” pursuant to the City’s Residential Growth Management Program, by reason of commitments made by the City that existed prior to May 23, 1995, with respect to annexation, shall be exempt from the above limitation. In addition to the dwelling units authorized by this section, the Council may authorize the construction of up to fifty (50) permanently affordable dwelling units per year. "Permanently affordable dwelling unit" shall mean a dwelling unit that is deed restricted for perpetuity to permit persons whose household income is less than or equal to eighty percent (80%) of the then-current Boulder County area median income, as may be adjusted from time to time, to qualify to purchase or rent the dwelling unit. Unissued building permits for permanently affordable dwelling units may not be carried forward from year to year, but the Council may approve the issuance of building permits for more than fifty (50) permanently affordable dwelling units in a single calendar year if the number of building permits for permanently affordable dwelling units approved in the following year is reduced by an equal amount. Nothing in this amendment shall be construed to alter any legally binding agreement or commitment of the City of Lafayette, existing prior to May 23, 1995, under then existing ordinances, explicitly requiring the issuance of a given number of permits for a subdivision or planned unit development. The City Council may by majority vote award the minimum number of additional permits in excess of the maximum number of permits otherwise allowed under the terms of this amendment necessary to meet such agreements or commitments, provided the additional number of dwelling units is included within the maximum of one thousand two hundred (1,200) dwelling units authorized between January 1, 2013 and January 1, 2019. Any transferee, grantee, or assignee of any applicant's interest in any such agreement or commitment shall be subject to the terms and conditions under which the permits for the project were originally allocated. If construction authorized by any building permit has not commenced within one hundred eighty (180) day[s] after it is issued, the permit shall become void and may be re-issued by the city on a first come, first served basis, up to the permit maximum for that year.

BALLOT TITLE Question ___ – Residential Growth Management

3

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 4 of 5

SHALL THE EXISTING RESIDENTIAL GROWTH MANAGEMENT AMENDMENT OF CHAPTER VI OF THE LAFAYETTE HOME RULE CHARTER BE AMENDED TO REMOVE FROM ITS RESTRICTIONS AN APPROXIMATE 24 ACRE PARCEL OF LAND SOUTHWEST OF THE INTERSECTION OF EMMA STREET AND 120TH STREET SO LONG AS IT IS DEVELOPED BY THE BOULDER COUNTY HOUSING AUTHORITY?

YES

NO

Section 2. Pursuant to the Uniform Election Code of Colorado Revised Statutes, the municipal regular election of November 7, 2017, shall be conducted as a coordinated, mail ballot election and the Election Official is hereby authorized and directed to take all such actions as are necessary or desirable there under to effectuate the election as a coordinated, mail ballot election. Section 3. The Council appoints Susan Koster, City Clerk, as the designated election official (the “Election Official”) for purposes of the election. The Election Official shall have all of the rights and obligations prescribed under statutes for such an Election Official in the conduct of a coordinated election and shall act as primary liaison between Boulder County Clerk and the City with respect to the election as provided in the Intergovernmental Agreement. Section 4. The City authorizes the City Clerk, to enter into and carry out the terms of an Intergovernmental Agreement (the “Intergovernmental Agreement”) with the Boulder County Clerk as required by state statute, describing the allocation of responsibility among the County Clerk, the City and the other political subdivisions in the County for the preparation and the conduct of the election and the provision for reasonable sharing of the cost of the election among the County, the City and the other participating political subdivisions. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. 4

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 5 of 5

Section 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE _______ DAY OF ___________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017. CITY OF LAFAYETTE, COLORADO

Christine Berg, Mayor

ATTEST:

___________________________ Susan Koster, CMC City Clerk

APPROVED AS TO FORM: _________________________________ David S. Williamson, City Attorney

5

ALTERNATE B-RENEW EXISTING WITH FLATIONS SITE EXEMPT 2019 START CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO SUBMITTING TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2017, AN AMENDMENT TO THE HOME RULE CHARTER PERTAINING TO RESIDENTIAL GROWTH MANAGEMENT, AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, in 1995 the City amended its Home Rule Charter to require a system of Residential Growth Management that intended to limit residential growth in the City to a rate of no more than 3% per year; and WHEREAS, the 1995 Residential Growth Management Charter Amendment generally restricted the issuance of residential dwelling unit permits to 1200 during a six year period, and further restricted issuance of permits to 200 per year during such six year period; and WHEREAS, the Residential Growth Management Charter Amendment was most recently extended and amended at the November 2012 municipal election to retain the overall 1200 unit restriction over a period of six years, but allowing City Council the flexibility to distribute those permits over the six year period in a manner consistent with market demands, allowing for greater efficiency in the planning process; and WHEREAS, the additional flexibility on a year-to-year basis with respect to allocation of the same restricted number of building permits over a six-year period, according to criteria established by City Council ordinance, has worked well to protect the overall growth management goals of the original 1995 Charter Amendment, yet allowed development to move forward in an orderly manner that is responsive to market fluctuations; and WHEREAS, the Residential Growth Management Charter Amendment has historically, included provisions to exempt both specific development projects, such as Josephine Commons, and unspecific projects (to the extent of 50 permits per year) that facilitate the City’s goal of encouraging affordable housing alternatives; and WHEREAS, the availability of housing that is affordable to all citizens remains a high priority to the City. To that end, the City, in conjunction with Boulder County and the Boulder County Housing Authority, recently acquired title to an approximate 24 acre parcel of vacant land southwest of the intersection of Emma Street and 120th Street that is intended, and legally restricted, to development as an affordable housing community, which development is anticipated to take place within the next ten years; WHEREAS, while the existing six year term of the Residential Growth Management Charter Amendment is set to expire at the end of 2018, addressing an extension of the amendment in 2017, without interrupting the current six year cycle, will allow greater certainty and facilitate the planning process the next six year cycle, and eliminate the need for an election on an extension in 2018 that otherwise would be required by Section 6.14 of the Charter;

CITY OF LAFAYETTE ORDINANCE NO. 32 , Series 2017 Page 2 of 6

WHEREAS, City Council wishes to refer to the electorate a proposed amendment to the Residential Growth Management Charter Amendment that would remove the 24 acre parcel from the restrictions of the Residential Growth Management Charter Amendment in order to accommodate the orderly development of that site by the Boulder County Housing Authority as an affordable housing community, and to extend the provisions of the Residential Growth Management Charter Amendment through 2024.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Pursuant to the provisions of Article 20, Section IX of the Constitution of the State of Colorado and Section 31-2-210(1)(b) of the Colorado Revised Statutes at a coordinated, regular municipal election, to be held on Tuesday, November 7, 2017, there shall be submitted to the vote of the registered electors of the City of Lafayette the following changes to charter provisions and ballot questions and titles to amend the Charter, provided that the amendments to Section 6.10 shall not become effective until January 1, 2019. (STRIKE THROUGH DENOTES REPEAL OR DELETION OF CHARTER SECTIONS AND UNDERSCORE DENOTES ADDITIONS TO CHARTER SECTIONS): Question No. ___ - Residential Growth Management Section 6.10. Residential Growth Management. (To become effective January 1, 2019) The Council shall by resolution annually determine the number of new dwelling units to be built in that calendar year and the anticipated number to be built in the next calendar year. The total number of new dwelling units between January 1, 20132019, and January 1, 20192025, shall not exceed one thousand two hundred (1,200). City Council shall adopt an ordinance setting out criteria it will utilize in determining the annual number of new dwelling units that are allowed to be built in any such year, which will address allocation of permits for new dwelling units over the entire six—year period. No building permits issued by the city in any calendar year shall allow a number of new dwelling units exceeding the number set by the resolution. Single-family residences, duplexes, triplexes or four-plexes on lots existing prior to May 23, 1995, or on lots that result from subdivision of lots, existing prior to May 23, 1995, into no more than two (2) parcels, along with all industrial and commercial construction, shall be exempt from the above limitations. The approximately 1224-acre parcel located Westdescribed as Tract A 1, Coal Park, City of Lafayette, County of Boulder, Colorado, north southwestin the SE quarter of Section 35, Township 1 North, Range 69 West, north of the intersection of Brooks Emma Avenue 2

CITY OF LAFAYETTE ORDINANCE NO. 32 , Series 2017 Page 3 of 6

Street and Dounce 120th Street, shall be exempt from the above limitations so long as it is developed for residential purposes by the Boulder County Housing Authority or its agent. Dwelling units located within mixed use building complexes within the Urban Renewal Area Lafayette Old Town, as that Area existed as of January 1, 2000, shall also be exempt from the above limitations. Dwelling units located within mixed use building complexes within the Countryside Village Shopping Center and the 4 acres of vacant land owned by Boulder County, a portion of the Urban Renewal Area - South Boulder Revitalization Area, as that Area existed as of January 1, 2006, shall also be exempt from the above limitations; subject however, to conditions which shall be enacted by ordinance of Council regarding duration of the exemption and limits of the number of dwelling units. Those developments within the City for which City Council, prior to November 6, 2012, had determined and assigned by resolution a priority classification and building permit allocation pursuant to the City’s Residential Growth Management Program that was in place prior to November 6, 2012, shall be exempt from the above limitation and may receive such building permits without regard to the calendar year for which their permits were allocated, but only to the extent that such properties are developed substantially in compliance with the approved preliminary plan upon which their allocations are based. Those properties within the City that, prior to November 6, 2012, were eligible to be in the category of “otherwise entitled to priority,” pursuant to the City’s Residential Growth Management Program, by reason of commitments made by the City that existed prior to May 23, 1995, with respect to annexation, shall be exempt from the above limitation. In addition to the dwelling units authorized by this section, the Council may authorize the construction of up to fifty (50) permanently affordable dwelling units per year. "Permanently affordable dwelling unit" shall mean a dwelling unit that is deed restricted for perpetuity to permit persons whose household income is less than or equal to eighty percent (80%) of the then-current Boulder County area median income, as may be adjusted from time to time, to qualify to purchase or rent the dwelling unit. Unissued building permits for permanently affordable dwelling units may not be carried forward from year to year, but the Council may approve the issuance of building permits for more than fifty (50) permanently affordable dwelling units in a single calendar year if the number of building permits for permanently affordable dwelling units approved in the following year is reduced by an equal amount. Nothing in this amendment shall be construed to alter any legally binding agreement or commitment of the City of Lafayette, existing prior to May 23, 1995, under then existing ordinances, explicitly requiring the issuance of a given number of permits for a subdivision or planned unit development. The City Council may by majority vote award the minimum number of additional permits in excess of the maximum number of permits otherwise allowed under the terms of this amendment necessary to meet such agreements or commitments, provided the additional number of dwelling units is included within the maximum of one thousand two hundred (1,200) dwelling units authorized between January 1, 2013 2019 and January 1, 20192025. Any transferee, 3

CITY OF LAFAYETTE ORDINANCE NO. 32 , Series 2017 Page 4 of 6

grantee, or assignee of any applicant's interest in any such agreement or commitment shall be subject to the terms and conditions under which the permits for the project were originally allocated. If construction authorized by any building permit has not commenced within one hundred eighty (180) day[s] after it is issued, the permit shall become void and may be re-issued by the city on a first come, first served basis, up to the permit maximum for that year.

Section 6.12. Amendments to comprehensive plan. The Lafayette Comprehensive Plan shall provide for an average growth rate of not greater than three (3) percent per year in the Lafayette Comprehensive Planning Area. The Lafayette Comprehensive Plan shall also contain an urban growth boundary map that identifies the city's urban growth boundary. No new development or annexation may occur outside of the urban growth boundary. After adoption, the urban growth boundary may not be changed except by an affirmative vote of not less than six (6) members of the Council. Section 6.14. Sunset clause. At, or before, the last general election prior to the expiration of the limits herein [ November 20182024], these provisions, in their entirety, shall be presented to the voters of Lafayette in a referendum for extension, and all dates referenced herein shall be adjusted for an additional sixyear period. Section 6.15. Limitations on legally binding building commitments. Until after the election provided for in Section 6.14, no agreement or commitment, by itself or with any other such agreements or commitments, may be made that commits the city to issue building permits for more than two hundred (200) dwelling units per year to be built after December 31,20182025.

4

CITY OF LAFAYETTE ORDINANCE NO. 32 , Series 2017 Page 5 of 6

BALLOT TITLE Question ___ – Residential Growth Management SHALL THE EXISTING RESIDENTIAL GROWTH MANAGEMENT RESTRICTIONS OF CHAPTER VI OF THE LAFAYETTE HOME RULE CHARTER BE AMENDED TO EXTEND AND RETAIN THE AGGREGATE BUILDING PERMIT CAP FOR THE SIX (6) YEAR PERIOD BETWEEN JANUARY 1, 2019 TO JANUARY 1, 2025 AND TO REMOVE FROM ITS RESTRICTIONS AN APPROXIMATE 24 ACRE PARCEL OF LAND SOUTHWEST OF THE INTERSECTION OF EMMA STREET AND 120TH STREET SO LONG AS IT IS DEVELOPED BY THE BOULDER COUNTY HOUSING AUTHORITY?

YES

NO

Section 2. Pursuant to the Uniform Election Code of Colorado Revised Statutes, the municipal regular election of November 7, 2017, shall be conducted as a coordinated, mail ballot election and the Election Official is hereby authorized and directed to take all such actions as are necessary or desirable there under to effectuate the election as a coordinated, mail ballot election. Section 3. The Council appoints Susan Koster, City Clerk, as the designated election official (the “Election Official”) for purposes of the election. The Election Official shall have all of the rights and obligations prescribed under statutes for such an Election Official in the conduct of a coordinated election and shall act as primary liaison between Boulder County Clerk and the City with respect to the election as provided in the Intergovernmental Agreement. Section 4. The City authorizes the City Clerk, to enter into and carry out the terms of an Intergovernmental Agreement (the “Intergovernmental Agreement”) with the Boulder County Clerk as required by state statute, describing the allocation of responsibility among the County Clerk, the City and the other political subdivisions in the County for the preparation and the conduct of the election and the provision for reasonable sharing of the cost of the election among the County, the City and the other participating political subdivisions. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in 5

CITY OF LAFAYETTE ORDINANCE NO. 32 , Series 2017 Page 6 of 6

whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE _______ DAY OF ___________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017. CITY OF LAFAYETTE, COLORADO

Christine Berg, Mayor

ATTEST:

___________________________ Susan Koster, City Clerk

APPROVED AS TO FORM: _________________________________ David S. Williamson, City Attorney

PUBLISHED: Lafayette News _____________________ 2017.

6

ALTERNATE C-RENEW EXISTING WITH FLATIONS SITE EXEMPT 2018 START CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO SUBMITTING TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2017, AN AMENDMENT TO THE HOME RULE CHARTER PERTAINING TO RESIDENTIAL GROWTH MANAGEMENT, AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, in 1995 the City amended its Home Rule Charter to require a system of Residential Growth Management that intended to limit residential growth in the City to a rate of no more than 3% per year; and WHEREAS, the 1995 Residential Growth Management Charter Amendment generally restricted the issuance of residential dwelling unit permits to 1200 during a six year period, and further restricted issuance of permits to 200 per year during such six year period; and WHEREAS, the Residential Growth Management Charter Amendment was most recently extended and amended at the November 2012 municipal election to retain the overall 1200 unit restriction over a period of six years, but allowing City Council the flexibility to distribute those permits over the six year period in a manner consistent with market demands, allowing for greater efficiency in the planning process; and WHEREAS, the additional flexibility on a year-to-year basis with respect to allocation of the same restricted number of building permits over a six-year period, according to criteria established by City Council ordinance, has worked well to protect the overall growth management goals of the original 1995 Charter Amendment, yet allowed development to move forward in an orderly manner that is responsive to market fluctuations; and WHEREAS, the Residential Growth Management Charter Amendment has historically, included provisions to exempt both specific development projects, such as Josephine Commons, and unspecific projects (to the extent of 50 permits per year) that facilitate the City’s goal of encouraging affordable housing alternatives; and WHEREAS, the availability of housing that is affordable to all citizens remains a high priority to the City. To that end, the City, in conjunction with Boulder County and the Boulder County Housing Authority, recently acquired title to an approximate 24 acre parcel of vacant land southwest of the intersection of Emma Street and 120th Street that is intended, and legally restricted, to development as an affordable housing community, which development is anticipated to take place within the next ten years; WHEREAS, while the existing six year term of the Residential Growth Management Charter Amendment is set to expire at the end of 2018, addressing an extension of the amendment in 2017 will allow greater certainty and facilitate the planning process the next six year cycle, and eliminate the need for an election on an extension in 2018 that otherwise would be required by Section 6.14 of the Charter;

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 2 of 6

WHEREAS, City Council wishes to refer to the electorate a proposed amendment to the Residential Growth Management Charter Amendment that would remove the 24 acre parcel from the restrictions of the Residential Growth Management Charter Amendment in order to accommodate the orderly development of that site by the Boulder County Housing Authority as an affordable housing community, and to extend the provisions of the Residential Growth Management Charter Amendment through 2023.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Pursuant to the provisions of Article 20, Section IX of the Constitution of the State of Colorado and Section 31-2-210(1)(b) of the Colorado Revised Statutes at a coordinated, regular municipal election, to be held on Tuesday, November 7, 2017, there shall be submitted to the vote of the registered electors of the City of Lafayette the following changes to charter provisions and ballot questions and titles to amend the Charter. (STRIKE THROUGH DENOTES REPEAL OR DELETION OF CHARTER SECTIONS AND UNDERSCORE DENOTES ADDITIONS TO CHARTER SECTIONS): Question No. ___ - Residential Growth Management Section 6.10. Residential Growth Management. The Council shall by resolution annually determine the number of new dwelling units to be built in that calendar year and the anticipated number to be built in the next calendar year. The total number of new dwelling units between January 1, 20132018, and January 1, 20192024, shall not exceed one thousand two hundred (1,200). City Council shall adopt an ordinance setting out criteria it will utilize in determining the annual number of new dwelling units that are allowed to be built in any such year, which will address allocation of permits for new dwelling units over the entire six—year period. No building permits issued by the city in any calendar year shall allow a number of new dwelling units exceeding the number set by the resolution. Single-family residences, duplexes, triplexes or four-plexes on lots existing prior to May 23, 1995, or on lots that result from subdivision of lots, existing prior to May 23, 1995, into no more than two (2) parcels, along with all industrial and commercial construction, shall be exempt from the above limitations. The approximately 1224-acre parcel located Westdescribed as Tract A 1, Coal Park, City of Lafayette, County of Boulder, Colorado, north southwestin the SE quarter of Section 35, Township 1 North, Range 69 West, north of the intersection of Brooks Emma Avenue Street and Dounce 120th Street, shall be exempt from the above limitations so long as it is 2

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 3 of 6

developed for residential purposes by the Boulder County Housing Authority or its agent. Dwelling units located within mixed use building complexes within the Urban Renewal Area Lafayette Old Town, as that Area existed as of January 1, 2000, shall also be exempt from the above limitations. Dwelling units located within mixed use building complexes within the Countryside Village Shopping Center and the 4 acres of vacant land owned by Boulder County, a portion of the Urban Renewal Area - South Boulder Revitalization Area, as that Area existed as of January 1, 2006, shall also be exempt from the above limitations; subject however, to conditions which shall be enacted by ordinance of Council regarding duration of the exemption and limits of the number of dwelling units. Those developments within the City for which City Council, prior to November 6, 2012, had determined and assigned by resolution a priority classification and building permit allocation pursuant to the City’s Residential Growth Management Program that was in place prior to November 6, 2012, shall be exempt from the above limitation and may receive such building permits without regard to the calendar year for which their permits were allocated, but only to the extent that such properties are developed substantially in compliance with the approved preliminary plan upon which their allocations are based. Those properties within the City that, prior to November 6, 2012, were eligible to be in the category of “otherwise entitled to priority,” pursuant to the City’s Residential Growth Management Program, by reason of commitments made by the City that existed prior to May 23, 1995, with respect to annexation, shall be exempt from the above limitation. In addition to the dwelling units authorized by this section, the Council may authorize the construction of up to fifty (50) permanently affordable dwelling units per year. "Permanently affordable dwelling unit" shall mean a dwelling unit that is deed restricted for perpetuity to permit persons whose household income is less than or equal to eighty percent (80%) of the then-current Boulder County area median income, as may be adjusted from time to time, to qualify to purchase or rent the dwelling unit. Unissued building permits for permanently affordable dwelling units may not be carried forward from year to year, but the Council may approve the issuance of building permits for more than fifty (50) permanently affordable dwelling units in a single calendar year if the number of building permits for permanently affordable dwelling units approved in the following year is reduced by an equal amount. Nothing in this amendment shall be construed to alter any legally binding agreement or commitment of the City of Lafayette, existing prior to May 23, 1995, under then existing ordinances, explicitly requiring the issuance of a given number of permits for a subdivision or planned unit development. The City Council may by majority vote award the minimum number of additional permits in excess of the maximum number of permits otherwise allowed under the terms of this amendment necessary to meet such agreements or commitments, provided the additional number of dwelling units is included within the maximum of one thousand two hundred (1,200) dwelling units authorized between January 1, 2013 2018 and January 1, 20192024. Any transferee, grantee, or assignee of any applicant's interest in any such agreement or commitment shall be 3

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 4 of 6

subject to the terms and conditions under which the permits for the project were originally allocated. If construction authorized by any building permit has not commenced within one hundred eighty (180) day[s] after it is issued, the permit shall become void and may be re-issued by the city on a first come, first served basis, up to the permit maximum for that year.

Section 6.12. Amendments to comprehensive plan. The Lafayette Comprehensive Plan shall provide for an average growth rate of not greater than three (3) percent per year in the Lafayette Comprehensive Planning Area. The Lafayette Comprehensive Plan shall also contain an urban growth boundary map that identifies the city's urban growth boundary. No new development or annexation may occur outside of the urban growth boundary. After adoption, the urban growth boundary may not be changed except by an affirmative vote of not less than six (6) members of the Council. Section 6.14. Sunset clause. At, or before, the last generalregular election prior to the expiration of the limits herein [ November 20182023], these provisions, in their entirety, shall be presented to the voters of Lafayette in a referendum for extension, and all dates referenced herein shall be adjusted for an additional six-year period. Section 6.15. Limitations on legally binding building commitments. Until after the election provided for in Section 6.14, no agreement or commitment, by itself or with any other such agreements or commitments, may be made that commits the city to issue building permits for more than two hundred (200) dwelling units per year to be built after December 31,20182024.

4

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 5 of 6

BALLOT TITLE Question ___ – Residential Growth Management SHALL THE EXISTING RESIDENTIAL GROWTH MANAGEMENT RESTRICTIONS OF CHAPTER VI OF THE LAFAYETTE HOME RULE CHARTER BE AMENDED TO EXTEND AND RETAIN THE AGGREGATE BUILDING PERMIT CAP FOR THE SIX (6) YEAR PERIOD BETWEEN JANUARY 1, 2018 TO JANUARY 1, 2024 AND TO REMOVE FROM ITS RESTRICTIONS AN APPROXIMATE 24 ACRE PARCEL OF LAND SOUTHWEST OF THE INTERSECTION OF EMMA STREET AND 120TH STREET SO LONG AS IT IS DEVELOPED BY THE BOULDER COUNTY HOUSING AUTHORITY?

YES

NO

Section 2. Pursuant to the Uniform Election Code of Colorado Revised Statutes, the municipal regular election of November 7, 2017, shall be conducted as a coordinated, mail ballot election and the Election Official is hereby authorized and directed to take all such actions as are necessary or desirable there under to effectuate the election as a coordinated, mail ballot election. Section 3. The Council appoints Susan Koster, City Clerk, as the designated election official (the “Election Official”) for purposes of the election. The Election Official shall have all of the rights and obligations prescribed under statutes for such an Election Official in the conduct of a coordinated election and shall act as primary liaison between Boulder County Clerk and the City with respect to the election as provided in the Intergovernmental Agreement. Section 4. The City authorizes the City Clerk, to enter into and carry out the terms of an Intergovernmental Agreement (the “Intergovernmental Agreement”) with the Boulder County Clerk as required by state statute, describing the allocation of responsibility among the County Clerk, the City and the other political subdivisions in the County for the preparation and the conduct of the election and the provision for reasonable sharing of the cost of the election among the County, the City and the other participating political subdivisions. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in 5

CITY OF LAFAYETTE ORDINANCE NO. 32, Series 2017 Page 6 of 6

whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE _______ DAY OF ___________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017. CITY OF LAFAYETTE, COLORADO

Christine Berg, Mayor

ATTEST:

___________________________ Susan Koster, City Clerk

APPROVED AS TO FORM: _________________________________ David S. Williamson, City Attorney

PUBLISHED: Lafayette News _____________________ 2017.

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CITY OF LAFAYETTE RESOLUTION NO. 2017-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, SUBMITTING TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2017, A BALLOT ISSUE TO PERMANENTLY EXTEND THE LEGACY TAX FOR THE PURPOSE OF ACQUIRING AND MAINTAINING OPEN SPACE PROPERTY, AND DETERMINING THE BALLOT TITLE AND TEXT OF THE BALLOT ISSUE TO BE SUBMITTED AT SUCH ELECTION

WHEREAS, in the November 1999 election, the voters of the City of Lafayette authorized an increase in the rate of the City Sales and Use Tax of .25% (known as the “Legacy Tax,” or “Legacy Open Space Tax”), the revenues of which were authorized for the acquisition of land for use as open space; and WHEREAS, at the November, 2003 and 2012, regular municipal elections, the voters of the City of Lafayette authorized extensions of the .25% Legacy Open Space Tax through fiscal year 2024, and authorized the proceeds of such tax to be used for the maintenance of open space in addition to the acquisition of open space properties; and WHEREAS, the Legacy Open Space Tax is Lafayette’s primary funding source for open space acquisition, construction and maintenance of new trails; and WHEREAS, revenues raised by the Legacy Open Space Tax allow the City to leverage its ability to acquire, maintain, and protect open space by combining funds with third party sources, such as Boulder County Open Space and neighboring communities’ open space programs; and WHEREAS, to date the Legacy Open Space Tax has allowed Lafayette to acquire 1298 acres of open space property; and WHEREAS, the City and the Lafayette Open Space Advisory Committee have identified an additional 587 acres of possible open space property; and WHEREAS, the Legacy Open Space Tax is scheduled to expire on December 31, 2024; and WHEREAS, converting the Legacy Open Space Tax to a permanent source of revenue by extending the tax indefinitely will afford the City the ability, upon further voter approval, to issue bonds or multiple-fiscal year financial obligations payable from such Tax, and therefore allow the City to consider the acquisition of larger open space parcels if, and when, favorable opportunities are presented; and

WHEREAS, the citizens of Lafayette have shown a commitment to open space and the value that open space provides to the City to serve as community buffers and to provide recreational opportunities; and WHEREAS, City Council finds and determines that it is necessary and desirable to submit to the electors of the City at its regular municipal election on Tuesday, November 7, 2017 (the “Election”), a ballot issue regarding the permanent extension of the Legacy Open Space Tax to generate revenue for the purpose of acquiring and maintaining open space. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado as follows: Section 1. At the regular municipal election to be held on November 7, 2017, there shall be submitted to the eligible electors of the City of Lafayette, the ballot issue of whether the City should permanently extend the Legacy Open Space Tax to generate revenue for the purposes of acquiring and maintaining open space; all in order to carry out certain objects and purposes of the City. At said election, the ballot issue shall be in substantially following form: BALLOT TITLE AND TEXT OF BALLOT ISSUE Question No. 2A – City of Lafayette Open Space Tax Extension WITHOUT INCREASING ANY TAX RATE, SHALL THE CITY OF LAFAYETTE'S EXISTING 0.25% SALES AND USE TAX FOR OPEN SPACE, KNOWN AS THE LEGACY TAX OR AS THE LEGACY OPEN SPACE TAX, THAT IS CURRENTLY SCHEDULED TO EXPIRE ON DECEMBER 31, 2024, BE EXTENDED INDEFINITELY, WITH THE REVENUE FROM THE LEGACY OPEN SPACE TAX TO CONTINUE TO BE USED SPECIFICALLY (1) FOR THE PURPOSE OF ACQUISITION BY THE CITY OF LAND FOR USE AS OPEN SPACE, WITH THE DECISION AS TO WHAT PARTICULAR PARCELS OF LAND, IN WHAT LOCATIONS, AND IN WHAT PRIORITY TO BE MADE BY THE CITY COUNCIL; AND (2) FOR THE PURPOSE OF MAINTENANCE BY THE CITY OF ITS OPEN SPACE LANDS, AND, IN CONJUNCTION THEREWITH, TO PAY BONDS OR MULTIPLE-FISCAL YEAR FINANCIAL OBLIGATIONS FOR EITHER OF SUCH PURPOSES; AND WITH THE REVENUE FROM THE LEGACY OPEN SPACE TAX AND ANY INVESTMENT EARNINGS THEREON TO CONSTITUTE A VOTER-APPROVED REVENUE AND SPENDING CHANGE UNDER, TO BE COLLECTED AND SPENT EACH YEAR WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF OTHER REVENUES OR FUNDS BY THE CITY UNDER, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ____YES

_____NO

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Section 2. The ballot issue shall be timely certified to the County Clerk and Recorder of Boulder County for the election to be held on November 7, 2017. Section 3. The election shall be conducted as a coordinated mail ballot election in Boulder County pursuant to the provisions of articles 1 to 13 of title 1, Colorado Revised Statutes (the “Uniform Election Code”). The election shall also be conducted pursuant to the provisions of the Intergovernmental Agreement (the “Intergovernmental Agreement”) between the City and the Boulder County Clerk and Recorder concerning the conduct of the election as a coordinated mail ballot election under the Uniform Election Code. The City Administrator and City Clerk are authorized to execute the Intergovernmental Agreement. The City Clerk is hereby appointed as the City’s designated election official, as defined in the Uniform Election Code, for the purposes of the election. Section 4. All acts required or permitted by the Uniform Election Code relevant to voting by early voters’ ballots, absentee ballots, emergency absentee ballots and provisional ballots, which are to be performed by the designated election official, shall be performed by the Boulder County Clerk and Recorder. Section 5. The City Clerk shall cause a Notice of Election to be published in accordance with the Uniform Election Code. Section 6. The City Clerk shall timely submit to the Boulder County Clerk and Recorder, in the form, if any, specified by the Boulder County Clerk and Recorder, the Notice of Election required by Article X, Section 20(3)(b) of the Colorado Constitution. Section 7. For purposes of Section 1-11-203.5, C.R.S., the ballot title for the ballot issue contained in this Resolution is hereby determined to be the text of the ballot issue itself. Section 8. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. Section 9. All actions not inconsistent with the provisions of this Resolution, heretofore taken by the Councilmembers, officers and employees of the City, directed toward holding the election for the purpose stated herein are hereby ratified, approved and confirmed. Section 10. All prior acts, orders or resolutions, or parts thereof, by the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 11. If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, 3

paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. Section 12.

This Resolution shall take effect immediately upon its passage.

RESOLVED AND PASSED THE 15TH DAY OF AUGUST, 2017

CITY OF LAFAYETTE, COLORADO ATTEST:

_________________________________ Christine Berg, Mayor

_______________________ Susan Koster, CMC, City Clerk

APPROVED AS TO FORM:

__________________________________ David S. Williamson, City Attorney

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CITY OF LAFAYETTE RESOLUTION NO. 2017-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, SUBMITTING TO THE VOTERS AT THE ELECTION ON NOVEMBER 7, 2017, A QUESTION AUTHORIZING THE CITY TO LEVY AN EXCISE TAX OF 3.5% ON THE PRICE PAID FOR THE RENTAL OF INDOOR OR OUTDOOR STORAGE SPACE OR THE SALE OF STORAGE SERVICES, AND DETERMINING THE BALLOT TITLE AND TEXT OF THE BALLOT ISSUE TO BE SUBMITTED AT SUCH ELECTION

WHEREAS, the provision of storage spaces and storage services to the public results in the increased use of municipal streets and rights-of-way, increased traffic, increased demands upon municipal services, such as police and fire protection, and has substantial effect upon the health, safety and welfare of the citizens of the City of Lafayette and upon the expenditures budgeted by the City of Lafayette, including the financial ability of the City to fund such expenditures, as well as other discretionary municipal programs; and WHEREAS, an excise tax on the rental of indoor or outdoor storage space, or the sale of storage services is an equitable means to address the increased burden upon the City budget related to the municipal services provided by the City to the public, and to allow funding of municipal programs and activities related to cultural arts, historical preservation, and local history museums, including the Miners Museum, that otherwise would not be possible given the financial burden on the general fund caused by the provision of general municipal services caused by storage facilities; and WHEREAS, City Council finds and determines that it is necessary and desirable to submit to the eligible electors of the City at the regular municipal election to be held on November 7, 2017, a ballot issue authorizing an excise tax on the rental of indoor or outdoor storage space, or the sale of storage services, within the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. At the regular municipal election to be held on Tuesday, November 7, 2017, there shall be submitted to the eligible electors of the City a ballot issue to authorize the City to levy an excise tax on the price paid for the rental of indoor or outdoor storage space, or the sale of storage services, within the City. At said election the ballot issue shall be in substantially the following form:

BALLOT TITLE AND TEXT OF BALLOT ISSUE CITY OF LAFAYETTE STORAGE TAX SHALL THE CITY OF LAFAYETTE’S TAXES BE INCREASED BY $180,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR (2018) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF AN EXCISE TAX ON THE RENTAL OF INDOOR OR OUTDOOR STORAGE SPACE, OR THE SALE OF STORAGE SERVICES, WITH SUCH TAX BEING IMPOSED AT THE RATE OF 3.5% OF THE PRICE PAID FOR STORAGE OR STORAGE SERVICES, AND THE PROCEEDS USED TO FUND PROGRAMS OF THE CITY THAT PROMOTE AND ADVANCE CULTURAL ARTS, HISTORIC PRESERVATION AND LOCAL HISTORY MUSEUMS, INCLUDING THE MINERS MUSEUM; AND WITH THE REVENUE FROM SUCH TAX AND ANY INVESTMENT EARNINGS THEREON TO CONSTITUTE A VOTERAPPROVED REVENUE AND SPENDING CHANGE UNDER, TO BE COLLECTED AND SPENT EACH YEAR WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF OTHER REVENUES OR FUNDS BY THE CITY UNDER, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES ____

NO ____

Section 2. Upon approval of the above ballot issue by a majority of the eligible electors voting thereon, City Council may enact an implementing ordinance consistent with all of the terms and conditions contained in the above ballot issue. Section 3. Pursuant to the Uniform Election Code of Colorado Revised Statutes, the election of November 7, 2017, shall be conducted as a coordinated election and the Election Official is hereby authorized and directed to take all such actions as are necessary or desirable there under to effectuate the election as a coordinated, mail ballot election. Section 3. The Council appoints Susan Koster, City Clerk, as the designated election official (the “Election Official”) for purposes of the election. The Election Official shall have all of the rights and obligations prescribed under statutes for such an Election Official in the conduct of a coordinated election and shall act as primary liaison between Boulder County Clerk and the City with respect to the election as provided in the Intergovernmental Agreement. Section 4. The City authorizes the City Clerk, to enter into and carry out the terms of an Intergovernmental Agreement (the “Intergovernmental Agreement”) with the Boulder County Clerk as required by state statute, describing the allocation of responsibility among the County Clerk, the City and the other political subdivisions in the County for the preparation and the conduct of the election and the provision for reasonable sharing of the cost of the election among the County, the City and the other participating political subdivisions. Section 5. For purposes of section 1-11-203.5, C.R.S., the ballot title for the question contained in this Resolution is hereby determined to be the text of the question itself. 2

Section 6. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. Section 7. All actions not inconsistent with the provisions of this Resolution heretofore taken by the councilmembers, officers and employees of the City directed toward holding the election for the purpose stated herein are hereby ratified, approved and confirmed. Section 8. All prior acts, orders or resolutions, or parts thereof, by the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 9. If any article, section, paragraph, sentence, clause or phrase of this Resolution is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. RESOLVED AND PASSED THIS 15th DAY OF AUGUST, 2017. CITY OF LAFAYETTE, COLORADO _________________________________ Christine Berg, Mayor ATTEST: ____________________________ Susan Koster, CMC, City Clerk

APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney

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CITY OF LAFAYETTE RESOLUTION NO. 2017-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE CALLING AN ELECTION ON NOVEMBER 7, 2017, TO AUTHORIZE THE ISSUANCE OF REVENUE BONDS BY THE CITY TO FINANCE STREET IMPROVEMENTS, TRAFFIC AND SAFETY CONTROL DEVICES AND PUBLIC PARKING LOT IMPROVEMENTS, WITHOUT ANY INCREASE WHATSOEVER IN THE RATE OF ANY CITY TAX TO PAY SUCH BONDS, AND DETERMINING THE BALLOT TITLE AND TEXT OF THE BALLOT ISSUE TO BE SUBMITTED AT SUCH ELECTION

WHEREAS, the City Council (the “City Council”) of the City of Lafayette (the “City”) has determined that the public health, safety and welfare of the residents of the City and the needs of the City require that funds be made available as soon as possible for repairing and improving streets and public parking lots, and acquiring and installing additional traffic and safety control devices (such as traffic lights) in the City (collectively, the “Project”); and WHEREAS, there are not sufficient funds in the treasury of the City and the City Council does not anticipate that existing sources of revenue will generate the moneys necessary to undertake the Project within a reasonable period of time; and WHEREAS, the City Council has determined that the Project will require incurring financial obligations of the City in the form of revenue bonds or multiple-fiscal year financial obligations (the “Bonds”) of the City in an amount not to exceed $9,000,000 that the issuance of the Bonds should be presented by the City Council to the eligible electors of the City in the form of a ballot issue authorizing such Bonds in an amount not to exceed $9,000,000 and that such Bonds can be repaid from the City’s revenues allowed by the City’s Home Rule Charter, without any increase whatsoever in the rate of any City tax. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE as follows: Section 1. At the regular municipal election held on Tuesday, November 7, 2017, there shall be submitted to the eligible electors of the City a ballot issue authorizing the issuance of revenue bonds or multiple-fiscal year financial obligations (the “Bonds”) by the City. The ballot issue shall be in substantially the following form:

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BALLOT TITLE AND TEXT OF BALLOT ISSUE: “SHALL THE CITY OF LAFAYETTE’S DEBT BE INCREASED $9,000,000 WITH A REPAYMENT COST OF $10,400,000 (THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST TO BE PAID OVER THE LIFE OF THE DEBT) OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, WITHOUT ANY INCREASE WHATSOEVER IN THE RATE OF ANY CITY TAX FOR THE PURPOSE OF PAYING THIS DEBT, FOR THE PURPOSES OF: 1.

REPAIRING AND IMPROVING EXISTING CITY STREETS, INCLUDING, BUT NOT LIMITED TO THE CONSTRUCTION AND INSTALLATION OF PAVEMENT, CURBS, GUTTERS, AND GRADING, INCLUDING BUT NOT LIMITED TO _____________________________________________________ _________________________________________________________________, TOGETHER WITH ALL NECESSARY, INCIDENTAL AND RELATED FACILITIES, LAND AND EASEMENTS; AND

2.

ACQUIRING, INSTALLING OR COMPLETING TRAFFIC AND SAFETY CONTROL DEVICES (SUCH AS TRAFFIC LIGHTS) AND SIGNS ON CITY STREETS AND HIGHWAYS, INCLUDING BUT NOT LIMITED TO THE INTERSECTIONS OF _____________________________________ _________________________________________________________________, TOGETHER WITH ALL NECESSARY, INCIDENTAL AND RELATED FACILITIES, EQUIPMENT, LAND AND EASEMENTS;AND

3.

REPAIRING AND IMPROVING EXISTING PUBLIC PARKING LOTS, INCLUDING BUT NOT LIMITED TO THE PARKING LOTS AT ____________________________, ____________________________________ AND ___________________________________________________________, TOGETHER WITH ALL NECESSARY, INCIDENTAL AND RELATED FACILITIES, EQUIPMENT, LAND AND EASEMENTS;

BY THE ISSUANCE OF REVENUE BONDS OR MULTIPLE-FISCAL YEAR FINANCIAL OBLIGATIONS TO BE PAYABLE FROM THE REVENUES OF THE CITY ALLOWED BY THE CITY’S HOME RULE CHARTER, TO MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND TO BE ISSUED, DATED AND SOLD AT, ABOVE OR BELOW PAR, IN ONE OR MORE SERIES, AND AT SUCH TIME OR TIMES AND IN SUCH MANNER AND CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND IN CONNECTION THEREWITH TO COLLECT AND SPEND THE PROCEEDS OF SUCH DEBT AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF, AND WITHOUT AFFECTING THE CITY’S ABILITY TO COLLECT AND SPEND ANY OTHER REVENUES OR FUNDS UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?” YES _______________

NO ________________

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Section 2. The ballot issue shall be timely certified to the County Clerk and Recorder of Boulder County for the election to be held on November 7, 2017. Section 3. The election shall be conducted as a coordinated mail ballot election in Boulder County pursuant to the provisions of articles 1 to 13 of title 1, Colorado Revised Statutes (the “Uniform Election Code”). The election shall also be conducted pursuant to the provisions of the Intergovernmental Agreement (the “Intergovernmental Agreement”) between the City and the Boulder County Clerk and Recorder concerning the conduct of the election as a coordinated mail ballot election under the Uniform Election Code. The City Administrator and City Clerk are authorized to execute the Intergovernmental Agreement. The City Clerk is hereby appointed as the City’s designated election official, as defined in the Uniform Election Code, for the purposes of the election. Section 4. All acts required or permitted by the Uniform Election Code relevant to voting by early voters’ ballots, absentee ballots, emergency absentee ballots and provisional ballots, which are to be performed by the designated election official, shall be performed by the Boulder County Clerk and Recorder. Section 5. The City Clerk shall cause a Notice of Election to be published in accordance with the Uniform Election Code. Section 6. The City Clerk shall timely submit to the Boulder County Clerk and Recorder, in the form, if any, specified by the Boulder County Clerk and Recorder, the Notice of Election required by Article X, Section 20(3)(b) of the Colorado Constitution. Section 7. For purposes of Section 1-11-203.5, C.R.S., the ballot title for the ballot issue contained in this Resolution is hereby determined to be the text of the ballot issue itself. Section 8. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. Section 9. Any authority to issue the Bonds, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue such Bonds so authorized at one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 10. All actions not inconsistent with the provisions of this Resolution, heretofore taken by the Councilmembers, officers and employees of the City, directed toward holding the election for the purpose stated herein are hereby ratified, approved and confirmed. Section 11. All prior acts, orders or resolutions, or parts thereof, by the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 12. If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section,

3

paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. Section 13. This Resolution shall take effect immediately upon its passage. RESOLVED AND PASSED THE 15TH DAY OF AUGUST, 2017

CITY OF LAFAYETTE, COLORADO ATTEST:

_________________________________ Christine Berg, Mayor

_______________________ Susan Koster, CMC City Clerk APPROVED AS TO FORM:

__________________________________ David S. Williamson, City Attorney

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STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Susan Koster, City Clerk Susan Barker, Deputy City Clerk August 8, 2017 Motion to Table / Public Hearing/ Resolution No. 2017-45 / Granting a New Retail Liquor License / Thapa LLC dba Beer and Wine, 1208 Centaur Village Dr., Suite B, Lafayette, CO

Recommendation: Council motion to table to September 5, 2017 Resolution No. 2017-45 / Granting a New Retail Liquor License / Thapa LLC dba Beer and Wine, 1208 Centaur Village Dr., Suite B, Lafayette, CO Background: The public hearing for this application was noticed in the Daily Camera on August 2, 2017 but the premises were not properly posted. Attachments: None

1290 S. Public Road  Lafayette, Colorado 80026 303-665-5588  cityoflafayette.com

To:

Gary Klaphake, City Administrator

From:

Karen Westover, Planning & Building Director

Date:

August 8, 2017

Subject:

Historic Landmark Application/Third Party Nomination/200 West Baseline Road

Action Required: Denial of Nomination - Direct City Attorney to prepare a Resolution Finding of Facts Approval of Nomination – Direct City Attorney to prepare an Ordinance to Landmark Background: A public hearing was held on December 6, 2016 regarding Ordinance No. 43, Series 2016 Designating Structures at 200 West Baseline Road, the Circle Motel, as Local Historic Landmark. Following public testimony, the public hearing was closed. Consideration of the nomination was tabled to allow time to work with the owner of the property on a plan. Attached are the minutes from The December 6, 2016 City Council meeting and the related materials of the meeting packet. The video is available for anyone wishing to refresh their memory. Fiscal Impact: Staff is not aware of any fiscal impact. Attachments: City Council minutes – December 6, 2016 City Council Staff Report, dated November 28, 2016 Nomination Form for 200 West Baseline Road Property Owner’s Letter Not Granting Consent Historic Preservation Board Draft minutes – November 7, 2016 Relevant Code Sections Historic Preservation Board Staff Report – dated November 3, 2016 LURA letter – dated November 28, 2016 Additional Comments for 3rd Party Applicant

MEMO To:

Gary Klaphake, City Administrator

From:

Greg Thompson, Senior Planner

Date:

August 9, 2017

Subject:

P.U.D. / 402 E. Geneseo Lot 5, Block F Lafayette Old Town

Recommendation: Approval of the P.U.D. for 402 E. Geneseo Background: On July 25, 2017, the Planning Commission recommended approval of the planned unit development (PUD) request for Lot 5, Block F Lafayette Old Town (402 E. Geneseo). The request is to develop this vacant property with a single-family house and a detached garage/accessory dwelling unit. The applicants have submitted building permit plans for the house. The applicants received an exception to the recent old town building moratorium which allows the construction of the house in accord with the current regulations. Elsewhere on tonight’s agenda, the Council will be considering another exception to allow construction of the proposed garage/accessory dwelling unit. This PUD application is designed to provide code modifications which would allow the applicants to: 1. Exceed the lot coverage by 4%. Code requires 30% which is 2,100 sf. The applicants have designed the site to have 34% which is 2,380 sf. 2. Construct the detached structure at 744 sf, which is 44 sf more than allowed. The property is 7,000 sf and is zoned OTR (Old Town Residential). The minimum lot size is 7,000 sf. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: • Planning Commission Notice of Decision dated July 25, 2017 • Planning Commission Staff Report dated July 19, 2017 • P.U.D. Application Information

CITY OF LAFAYETTE RESOLUTION NO. 2017-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH BOULDER COUNTY AND LOUISVILLE PERTAINING TO THE ACQUISITION OF THE MAYHOFFER PROPERTY FOR OPEN SPACE PURPOSES

WHEREAS, Boulder County is in the process of negotiating a contract to acquire fee title to approximately 165.3 acres of open space known as the “Mayhoffer 3 Property” (the “Property”) that is currently used for agricultural purposes and located between the cities of Lafayette and Louisville. The property is generally depicted on the map attached hereto as Exhibit “A”; and WHEREAS, the City of Lafayette has placed a high priority on the acquisition of the Property to act as a community buffer and to increase the stock of open space property that surrounds the City of Lafayette; and WHEREAS, the anticipated purchase price of the Property is $8,255,789; and WHEREAS, Boulder County has proposed an intergovernmental agreement between the City of Lafayette, Louisville and Boulder County whereby Lafayette and Louisville each contribute 25% of the purchase price for the Property, and each receives an undivided 25% interest in the Property, including water rights and minerals. Boulder County would retain an undivided 50% interest in the Property; and WHEREAS, City Council wishes to authorize an intergovernmental agreement between the City of Lafayette, Boulder County and the City of Louisville pertaining to the acquisition of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: Section 1. City Council authorizes an intergovernmental agreement between the City of Lafayette, the City of Louisville, and Boulder County, pertaining to the acquisition and use of the Mayhoffer 3 Property. The intergovernmental agreement (“IGA”) shall include the following salient points: a. The purchase price shall not exceed $8,500,000, with Lafayette and Louisville each contributing 25% of the purchase price and Boulder County paying the balance. b. Lafayette and Louisville will each receive an undivided 25% ownership interest in the property, water rights and minerals; with Boulder County owning an undivided 50% interest. c. Closing for the Property will take place no later than September 30, 2017. d. Upon obtaining fee title, the parties to the IGA will exchange reciprocal conservation easements over their respective undivided interests, assuring that the Property will remain as open space. The parties to the IGA will share surveying costs, Phase I environmental audits, other pre-closing transaction costs, and closing costs, according to their percentage of ownership.

Resolution No. 2017-46 Regarding Mayhoffer Property Purchase for Open Space e. Boulder County will manage the Property at its expense; and Boulder County will be entitled to all proceeds of any lease of the Property and may be retained by Boulder County. f. The parties to the IGA will enter into a covenant to not disturb the surface of any portion of the Property for mineral development. g. Lafayette and Louisville will designate their interests in the Property as “open space” and that such designation shall not be changed without a vote of their respective citizens. h. The parties to the IGA will share the cost of fencing the Property as may be required by the Seller in proportion to their ownership interests. Section 2. The mayor is authorized to execute such IGA on behalf of the City in a form approved by the city attorney. The city administrator is authorized to execute all documents as may be necessary to complete the transaction, including execution of reciprocal conservation easements. RESOLVED AND PASSED THIS 15TH DAY OF AUGUST, 2017. CITY OF LAFAYETTE, COLORADO ATTEST:

_________________________________ Christine Berg, Mayor

_______________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM:

__________________________________ David S. Williamson, City Attorney

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CITY OF LAFAYETTE RESOLUTION NO. 2017-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, DENYING AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS REVIEW – 209 W. SIMPSON STREET

WHEREAS, the structures on real property located at 209 W. Simpson Street (the “Property”) were designated an “historic landmark” in 2007 pursuant to Chapter 47 of the Lafayette Code of Ordinances, by the enactment of Ordinance No. 57, Series 2007; and WHEREAS, the Property is currently owned by Janna Chatham (“Owner”); and WHEREAS, the Owner and Josh Kennedy submitted an application for a “Certificate of Appropriateness” pursuant to Chapter 47 of the Lafayette Code of Ordinances that would authorize a two-story addition to the Property; and WHEREAS, on June 5, 2017, the Lafayette Historic Preservation Board considered the application for a Certificate of Appropriateness, but did not approve the application based upon a 3-3 tie vote; and WHEREAS, the Owner appealed the “non-approval” of the Certificate of Appropriateness to City Council pursuant to Section 47-13 of the Lafayette Code of Ordinances; and WHEREAS, City Council conducted a hearing on said appeal at its regular meeting on July 18, 2017, and wishes to render a decision upon the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: Section 1. On the basis of the record presented to City Council during the course of the public hearing conducted on July 18, 2017, and considering the information, evidence and testimony presented at the public hearing, as well as the arguments and information presented by the Owner, City Council makes the following FINDINGS: a. The matters set forth in the “Whereas” provisions above are true and correct. b. The landmarked residential structure at the Property consists of a single story home of approximately 954 square feet. c. The proposed addition will consist of a two-story structure that will more than double the footprint of the residence and increase the square footage in excess of 2000 square feet. d. City Council recognizes that the proposed alteration will leave the existing house structure largely intact, with the exception of the mud room at the rear of the existing structure, and that the Owner intends to salvage and reuse, to the extent possible, any materials from the original structure.

Resolution No. 2017-47 Regarding 209 W. Simpson Street Certificate of Appropriateness

Section 2. Based upon the foregoing findings, and considering the criteria set forth in Section 47.18 of the Lafayette Code of Ordinances, City Council hereby CONCLUDES as follows: a. The mere size and scale of the proposed addition in relationship to the existing landmarked structure is such that the addition overwhelms the existing structure. b. The size and mass of the proposed addition is not compatible with the historic nature of the existing landmark structure. c. The proposed addition will detrimentally alter and adversely affect the historic characteristics of the original landmark structure upon which the landmarking was predicted in 2007. Section 3. Based upon the foregoing FINDINGS and CONCLUSIONS, the Lafayette City Council hereby DENIES the application for the issuance of Certificate of Appropriateness with respect to the proposed modifications and additions at 209 W. Simpson Street, as set forth in the Owner’s application. RESOLVED AND PASSED THIS 15TH DAY OF AUGUST, 2017. CITY OF LAFAYETTE, COLORADO ATTEST:

_________________________________ Christine Berg, Mayor

_______________________ Susan Koster, CMC City Clerk APPROVED AS TO FORM:

__________________________________ David S. Williamson, City Attorney

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RECORD OF PROCEEDINGS CITY OF LAFAYETTE

CITY COUNCIL MEETING August 1, 2017 Call to Order The August 1, City Council Meeting began at 5:37 p.m. at Lafayette City Hall at 1290 South Public Road in Lafayette, Colorado. Roll Call Those in attendance included Mayor Christine Berg, Mayor Pro Tem Gustavo Reyna, and Councilors Brad Wiesley, Alexandra Lynch, Chelsea Behanna, and Stephanie Walton. A motion was made by Councilor Lynch and seconded by Councilor Behanna to excuse Councilor Merrily Mazza. The motion passed unanimously. Also present were City Administrator Gary Klaphake, Police Chief Rick Bashor, City Clerk Susan Koster, City Attorney Dave Williamson, Planning Director Karen Westover, Assistant City Administrator / Economic Development Director Roger Caruso, Public Works Director Doug Short, Public Information Officer Debbie Wilmot, Planning Manager Paul Rayl, Recreation & Facilities Superintendent Tammy Tucker, Head Golf Pro Craig Stephens, Parks, Recreation & Open Space Assistant to the Director Ben Mazal, and Parks, Recreation & Open Space Director Monte Stevenson. Presentation Lisa Gomez and Kelsey Fletcher talked about the East Boulder County 2017 Relay for Life event to raise money for the American Cancer Society. Workshop Council held a joint workshop with members of the Urban Renewal Authority, including Vice Chair Carolyn Cutler, Jamie Harkins, Jamie Ramos, Chair Kevin Muller, Patrick Gross, and Kate Williams. The group discussed urban renewal successes along Public Road and how they might work together to extend urban renewal activities in the commercial district of Old Town. They agreed a meeting with business owners and neighbors would be a good first step. Parks, Recreation, and Open Space Director Stevenson introduced members of his team. Recreation & Facilities Superintendent Tucker reviewed actual and projected revenues for the Recreation Center and proposed fee increases. Head Golf Pro Stephens and Parks, Recreation & Open Space Assistant to the Director Mazal reviewed expenditures projected for 2018, labor costs, and proposed fee increases. Presentations Scott McCarey, Multimodal Division Manager with the Boulder County Transportation Department, presented the RTD Ridership Contest results. The Boulder County Transportation Department sponsored the contest to increase ridership. Public Information Officer Wilmot demonstrated the City’s new interactive Mobile Phone App which accesses historic tours, trails, art walks, and points of interest around town.

Lafayette City Council Meeting August 1, 2017 Page 2

Public Input The following residents spoke in opposition to the residential growth management ballot issue: Seth White Rebecca Schwendler Grant Swift Lynn Riedel Ron Spalding Karen Norback Cindy Lurie Andrew O’Connor (Lafayette) spoke against fracking. Gerry Morrell (Erie) asked Council to consider equal apportionment of revenues to recipients of the dedicated storage tax, should the ballot measure pass. Vicki Uhland (Lafayette) asked Council to postpone the growth management ballot issue until next year to allow more public input. She had concerns about the proposed new contamination fee for Republic trash service and about their customer service. She suggested a public forum to discuss Republic service issues. Ron Spalding (Lafayette) spoke in opposition to ballot issues concerning growth management, council compensation, and the Legacy Tax. Public Hearings Exemptions to Ordinance No. 28, Series 2017 / 90-DayMoratorium on Building Permits for Old Town Residential Structures Application for Exception / 201 West Chester Street Planning Director Westover presented the application for 201 West Chester Street. She said the application meets all criteria for granting an exception. Applicants David Reeder and Gail Reeder presented information and evidence to Council in support of the application and the required criteria. Mayor Berg opened a public hearing at 8:30 p.m. and called individuals forward who wished to speak. Seeing no one, she closed the hearing A motion was made by Councilor Walton and seconded by Councilor Lynch to approve an exemption to the moratorium for 201 West Chester Street. The motion passed unanimously. Application for Exception / 104 West Cleveland Street Planning Director Westover presented the application for 104 West Cleveland Street. She said the application meets all criteria except that, under the new code, the two story garage/accessory dwelling unit would be too close to the side and rear property lines at 5 feet. Applicant Van Wilgus presented information and evidence to Council in support of the application and the required criteria. Mayor Berg opened a public hearing at 8:40 p.m. and called individuals forward who wished to speak. Lafayette Residents Dan Pinneo and Erika Yeager spoke in opposition to the exception, citing damage to the alley by additional cars.

Lafayette City Council Meeting August 1, 2017 Page 3

Resident Kurt Munding said damage in the alley is caused by trash trucks not cars. Mayor Berg closed the hearing at 8:50 p.m. A motion was made by Councilor Walton and seconded by Mayor Pro Tem Reyna to approve an exemption to the moratorium for 104 West Cleveland Street . The motion passed unanimously. Old Town Design Criteria Mayor Berg decided to take public comments before the staff presentation and opened a public hearing at 8:51 p.m. for the first reading of Ordinance No. 30, Series 2017 / Amending Chapters 26 of the Municipal Code regarding Old Town Design Criteria. The following Lafayette residents spoke in opposition to the ordinance or registered their opposition with the City Clerk: Sonia Martinez Sarah Jensen Kurt Munding Carolyn Cutler Wendy Hoover Chris Burchell Ken Jensen The following residents spoke in favor of the ordinance or registered their support with the City Clerk: Grant Swift Karen Norback Vicki Uhland Rebecca Schwindler Seth White Darcia Thomas The following residents spoke in support or opposition to certain sections of the ordinance: Kristi Ormsbee Sierra May Burchell Deryn Wagner Mary Pat Munding Brad Guinn Mayor Berg closed the hearing at 9:52 p.m. Planning Director Westover reviewed recent revisions that were made to the ordinance and highlighted issues requiring further discussion. A motion was made by Mayor Pro Tem Reyna and seconded by Councilor Wiesley to table Council discussion of Ordinance 30, Series 2017 to the August 15, 2017 meeting. The motion passed unanimously. Ordinances First Reading / Ordinance No. 31, Series 2017 / Adopting the National Electric Code 2017 Edition Planning & Building Director Westover presented the first reading of the ordinance and requested a public hearing be scheduled on August 15, 2017, upon second reading as required by State law. A motion was made by Councilor Wiesley and seconded by Councilor Walton to approve on first reading Ordinance No. 31, Series 2017 as presented and to schedule a public hearing as requested. The motion passed unanimously. First Reading / Ordinance No. 32, Series 2017 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, an Amendment to the Home Rule Charter Pertaining to the Residential Growth Management, and Setting the Ballot Title and Text Therefor.

Lafayette City Council Meeting August 1, 2017 Page 4

Based upon Council discussion, City Attorney Williamson agreed to prepare revisions for second reading. A motion was made by Mayor Pro Tem Reyna and seconded by Councilor Lynch to approve on first reading Ordinance No. 32, Series 2017. The motion passed 4 to 2 with Councilors Behanna and Walton voting no. First Reading / Ordinance No. 33, Series 2017 / Submitting to the Voters at the Regular Municipal Election on November 7, 2017, an Amendment to the Home Rule Charter Pertaining to Council Compensation, and Setting the Ballot Title and Text Therefor. City Attorney Williamson said he would tweak the language before second reading according to Council direction. A motion was made by Councilor Behanna and seconded by Councilor Lynch to approve on first reading Ordinance No. 33, Series 2017. The motion passed unanimously. First Reading / Ordinance No. 34, Series 2017 / Amending Chapter 47 – Historic Preservation / Demolition Public Hearing Notice. Planning & Building Director Westover presented the first reading. She said the ordinance defines the size of surrounding neighborhood that must be notified if a demolition hearing is scheduled. A motion was made by Councilor Lynch and seconded by Councilor Behanna to approve on first reading Ordinance No. 34, Series 2017 as written. The motion passed unanimously. Resolutions Assistant City Administrator / Economic Development Director Caruso presented Resolution No. 2017-37 / Decreasing Off-Street Parking Requirement / 802 S. Public Road. He said the resolution is needed in order for the Urban Renewal Authority to lease 62 parking spaces for public parking. A motion was made by Councilor Walton and seconded by Councilor Wiesley to approve Resolution No. 2017-37 as presented. The motion passed unanimously. Assistant City Administrator / Economic Development Director Caruso presented Resolution No. 2017-38 / Decreasing Off-Street Parking Requirement / 811 S. Public Road. He said the resolution is needed in order for the Urban Renewal Authority to lease 44 spaces for public parking. A motion was made by Councilor Behanna and seconded by Councilor Walton to approve Resolution No. 2017-38 as presented. The motion passed unanimously. Consent Agenda Mayor Berg read the Consent Agenda: M. Minutes of Regular Council Meeting of July 18, 2017 N. Resolution No. 2017-39 / Surplus City Vehicles and Equipment O. Resolution No. 2017-40 / Authorizing an Intergovernmental Agreement between the Colorado Department of Transportation and City of Lafayette / Safe Routes to School Grant P. Contract / City-Wide Facility Painting / Painting Plus of Boulder Q. Contract / Installation of Non-Reservable Shelter at Waneka Park / Recreation Plus LTD R Open Space Advisory Committee / Prairie Dog Policy Recommendations S. Resolution No. 2017-41 / Establishing Fee for Solid Waste Education T. Lot 3, Westridge Filing No. 1 Replat B / Les Schwab Tire Center / Site Plan Architectural Review U. Purchase Orders and Amendments

Lafayette City Council Meeting August 1, 2017 Page 5

Items S was removed from the consent agenda for further discussion. A motion was made by Councilor Behanna and seconded by Councilor Wiesley to approve the remainder of the Consent Agenda. The motion was approved unanimously. Item S Resolution No. 2017-41 / Establishing Fee for Solid Waste Education Public Works Director Short explained that the purpose of the fee is to pay for educating residents about compostable refuse. He said no fines will be issued until after the education effort and after new stickers are placed on the compost bins. A motion was made by Councilor Behanna and seconded by Councilor Lynch to approve Resolution No. 2017-41 as presented. The motion passed unanimously. Council Appointment A motion was made by Councilor Behanna and seconded by Councilor Walton to appoint Neal Kunis to a regular member position on the Energy Sustainability Advisory Committee until March 2018. The motion passed unanimously. City Attorney’s Report City Attorney Williamson said he hoped to have Council do some wordsmithing on draft resolutions for upcoming ballot issues, but in lieu of the late hour, he will take revisions via email and bring final drafts for consideration at the next meeting. Council agreed to work “off-line” on the Legacy Tax Extension, the Storage Services Excise Tax, and the Revenue Bonds to Finance Street Improvements. Adjourn The meeting was adjourned at 11:31 p.m.

CITY OF LAFAYETTE, COLORADO

ATTEST

___________________________________ Christine Berg, Mayor

__________________________________ Susan Koster, City Clerk

The minutes herein are a summary of the business conducted at this meeting, not a verbatim transcription. Only the actions taken and the text appearing in quotation marks are verbatim.

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director Aaron Asquith, P.E., City Engineer August 15, 2017 Contract / 2017 Concrete Rehabilitation Project / Silva Construction, Inc.

Recommendation: Approval to Award the 2017 Concrete Rehabilitation Project to Silva Construction, Inc. along with the concurrent approval of Change Order No. 1 with the approved contract amount of $260,000. Background: City Staff identified concrete for rehabilitation in 2017. The rehabilitation includes street concrete (curb and gutter, gutter pans and fillets) and sidewalks (attached and detached sidewalks and handicap ramps). Contract Documents for the project to encompass 2017 concrete rehabilitation needs was completed and the Project was publicly bid. Bid opening was on August 15, 2017 at 10:00 AM at City Hall, the results are as follows: Silva Construction, Inc. PLM NORAA

$280,132.50 $549,453.00 $323,051.00

Silva has bid the project for the last 5 years and performed the work for the last 5 years. They have performed at a high level and are recommended for award. The contract allows for adjustment of project quantities to meet the available budget, since the bid amount was approximately $20,000 over the budget amount those adjustments will be made in Change Order No. 1 to get the project within budget. Fiscal impact: Budget Number 34-301-932100 (Capital Projects, Public Works, Street Improvement) has a 2017 budget of $1,500,000. A portion of the cost of the project, $180,000, will go against that fund. Budget Number 01-301-889501 (Capital Projects, Public Works, Sidewalk Maintenance and Repair) has a 2017 budget of $89,000. A portion of the cost of the project, $80,000, will go against that fund. Attachments: None

1290 S. Public Road  Lafayette, Colorado 80026 303-665-5588  cityoflafayette.com

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director Bradley S. Dallam, P.E., Water Resources and CIP Manager August 9, 2017 Easement Agreements / Orange Zone Water Line / Xcel Energy, South Boulder Canyon Ditch Company, and Colorado Department of Transportation

Recommendation: Approval of agreements with XCEL Energy for the crossing of three separate easements and the South Boulder Canyon Ditch Company for crossing their ditch, all crossings are associated with the construction of the Orange Zone Water Line. Background: The route for the Orange Zone Water line includes crossing two natural gas transmission lines and one electric line all adjacent to 95th Street. One of the gas crossings is at approximately Arapahoe Road and the second is just north of the Golf Course Maintenance Facility, the electric crossing is on the east side of 95th Street adjacent to the Golf Course Maintenance Facility. The crossing of the South Boulder Canon Ditch is on the west end of the Garvin property. The entities being crossed have requested and negotiated crossing agreements, all have been reviewed and approved by the City Attorney’s office. Fiscal impact: The combined fee’s for the agreements total $1,500, that money will be paid for under the Orange Zone Project Budget that is in 41-701-9410 (Water Fund, Capital Outlay, Water Lines) which had a budget amendment to accommodate increased project costs. Attachments: None

1290 S. Public Road  Lafayette, Colorado 80026 303-665-5588  cityoflafayette.com

STAFF REPORT TO:

Gary Klaphake, City Administrator

FROM:

David Friedel, Fire Chief

DATE:

8/1/2017

SUBJECT:

Contract / Fire Department Report-Writing Software / Image Trend

Recommendation: Council motion to approve contract with Image Trend Report Writing Software Licensing Agreement, and ERP Advisors Group for Software implementation and oversight. Background: Lafayette Fire Department is currently utilizing an antiquated report writing software program “Firehouse” that is over 10 years old, and will become non-compliant with the Colorado State Health Department at the end of 2017. Back in 2015 we began the process of researching a new software Vendor, and thought we had found a Vendor that would meet the needs of the fire department; however, that company “High Plains” went out of business leaving us still without a new program. In 2016 we were advised that Louisville and Rocky Mountain Fire Districts were in the process of researching a new software vendor, and were invited to be part of their selection process. In May of 2017 the research committee chose “Image Trend “as the new report writing software vendor. This joint purchase between the three organizations created substantial cost savings, and standardization between all three agencies involved. Total cost if this was a single user purchase would have been $118,735.00. Cost savings of $58,330.00. Image trend software will allow us to do paperless report writing for fire incidents, patient contact reports, shift scheduling, training, automated call back for open slots, fire inspections, etc. Fiscal Impact: Line Item 01-144-7200 Attachments: None

$60,405.00

To:

Gary Klaphake, City Administrator

From:

Jon Hoffman, Planner

Date:

July 12, 2017

Subject:

East Baseline Road Addition Replat A / Minor Subdivision

Recommendation: Approval of East Baseline Road Addition Replat A, Minor Subdivision subject to the Planning Commission recommended condition of approval and recording of the minor subdivision within 30 days of the date of approval. Background: On May 24 2017 Planning Commission recommended approval of the Minor Subdivision application for Lot 1, 2, 25, 26, Block 1 East Lafayette Addition (previously the Lafayette Feed and Grain site) at 816 E. Baseline Road. The Minor Subdivision will combine the existing four lots and vacated alley into one 28,963 square foot lot and a 2,110 square foot outlot (Outlot B). The East Baseline Road Addition Replat A minor subdivision is required to meet the conditions defined in the March 7, 2017 agreement between the applicant and the City Council. That agreement outlined that the owner of the Lafayette Feed and Grain Store site desired to clarify the ownership interest in their property as it relates to the City trail property and alley right-of-ways in exchange for a maintenance easement for the Lafayette grain elevator and the three tall silos on the east side of the property. The agreement contemplates the vacation of the alley right-of-way subject to conditions outlined further in this report and the conveyance of the City’s interest in a portion of the City property trail right-of-way to the property owner. Planning Commission found that, subject to the recommend condition of approval, the minor subdivision complies with the requirements of Section 26-17-7 of the Development and Zoning Code. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: 1. Planning Commission Notice of Decision dated May 24, 2017 2. Planning Commission Staff Report dated May 18, 2017 3. Subdivision Plat

Planning & Building Department Planning Commission Notice Of Decision Date: 5-24-17 Type of Project: Minor Subdivision, PUD, Easement Vacation and Site Plan/Architectural Review File Number: MS-4-17, PUD-3-17, VA-3-17 and AR-9-17

Project Name: East Lafayette Addition Replat A - Feed & Grain LLC Subdivision Project Summary: The proposed development will includes the Minor Subdivision of Lots 1, 2, 25, and 26 Block1 of East Lafayette Addition. The Subdivision will combine the four lots and vacated alley into one 28,963 sq. ft. lot. The new lot is for a 4,032 square foot two-story commercial building. The following applications are included in the review: a Minor Subdivision, a PUD review, Easement Vacation, and Site Plan/Architectural Review. The PUD Review is to allow code modifications for reductions in parking lot setback in order to allow for development of the property in a fashion that is desirable and uses the historic layout of the site. The Vacation will vacate the alley right-of-way. Applicant/Owner: Verbeck Design Studios / City of Lafayette Site Location: 816 E Baseline Road Action Taken: Planning Commission recommended approval of the requested vacation of the alley right-of-way for East Lafayette Addition Replat A subject to the conditions of approval listed below. Planning Commission recommended approved of the East Lafayette Addition Replat A Minor Subdivision subject to the condition of approval listed below. Planning Commission recommended approved of the East Lafayette Addition Replat A PUD (Planned Unit Development) subject to the condition of approval listed below. Planning Commission recommended approved of the East Lafayette Addition Replat A Site Plan/Architectural Review subject to the conditions of approval listed below. Planning Commission Vote: Vacation – Unanimous in favor Minor Subdivision – Unanimous in favor PUD Review – 6 in favor, 1 opposed Site Plan/Architectural Review – 5 in favor, 2 opposed Appeal Process: Application will be forwarded on to the City Council for review and approval. Vacation Conditions of Approval: 1. All conditions of approval outlined in the March 7, 2017 agreement between the property owner and the City of Lafayette shall be met. 2. The recording of the vacation of the alley right-of-way and the recording of the access easement, utility easement, and drainage easement will occur contemporaneously before the Plat is recorded; Minor Subdivision Conditions of Approval: 1. All additions and corrections to the plat and clerical and grammatical errors shall be corrected by the applicant prior to consideration by City Council;

1290 S. Public Rd.  Lafayette, Colorado 80026  (303) 665-5588 Fax (303) 665-2153

East Lafayette Addition Replat A - Feed & Grain LLC Notice of Decision Page 2

2. Approval of the East Lafayette Addition - Replat A Plat is contingent upon recording of the required easements and upon the effective date of the ordinance by the City’s vacation of the alley; Planned Unit Development Conditions of Approval: 1. The Planned Unit Development approval is subject to Site Plan/Architectural Review approval. Site Plan/Architectural Review Conditions of Approval: 1. Prior to building permit submittal, the site plan and architectural plans shall be revised as follows subject to review and approval of staff; a. The applicant shall provide a 4-foot concrete sidewalk along Geneseo Street that connects to the existing sidewalk to the west and continues to the property line to the east; b. The four (4) proposed parking spaces in the middle of the parking lot shall be replaced with two (2) landscaped island end caps with drainage channels incorporated in the islands, pull through parking spaces between island end caps, and one-way traffic around the islands and pull through parking spaces; c. The applicant shall design the patio footings to spread footings as much as possible outside the easement or as detailed in easement agreement; d. The second story outdoor seating area shall be removed from the south elevation of the building and be relocated to the north side of the building or be removed; e. The proposed 4-foot fence to screen the mechanical equipment shall be increased in height to 6 feet with the material on the fence be approved by staff; f. All wall-mounted equipment shall be painted to match the adjacent wall color; g. The proposed 4-foot fence to screen the trash bins shall be increased in height to 6feet with the material on the fence be approved by staff; h. Eight (8) deciduous shrubs shall be added to the landscape plan with the location and species to be approved by staff; i. A 3-foot high articulated masonry, stone, or similar material decorative wall with landscaping both sides of the wall to soften the appearance shall be added along Baseline Road to screen the parking area; j. A 3-foot in high articulated masonry, stone, or similar material decorative wall shall be added along Geneseo Street; k. The plans shall be revised to include the installation of a weather sensor in an appropriate location subject to staff review and approval; l. A shield shall be added to the parking lot lights to shield the residential properties to the west. The applicant shall work with staff to lower overall light levels to zero at the lot lines and the height of the parking lot lights shall not exceed 15 feet; m. No internally illuminated signage shall be permitted on the west or south elevations of the building; n. The applicant shall address the comments from the City Engineer prior to submitting a building permit; o. The applicant shall install a pedestrian connection from the Geneseo Street sidewalk to the building; p. The applicant and staff shall explore traffic calming measures for the alley to discourage westbound commercial traffic;

East Lafayette Addition Replat A - Feed & Grain LLC Notice of Decision Page 3

q. The most northern parking space adjacent to Baseline Road shall be removed; r. Lighting shall not be visible from adjacent properties; 2. The Site Plan/Architectural Review approval is subject to the Vacation and Minor Subdivision application approvals; 3. The applicant shall work with Parks Open Space and Golf Department and provide connection from the sidewalks on the Baseline Road and Geneseo Street to the existing pedestrian Burlington Trail; ***************************************************************** Distribution: x File x City Attorney x Building Official x Applicant Plans Analyst x City Council x Public Works x Planning Commission Crime Prevention Technician Other ____________________ ***************************************************************** Enclosed are two copies of the Notice of Decision. Please return one signed copy to the City in the enclosed envelope and keep the other copy for your records. I accept the decision as described above. Signed:

_____________________________ (Owner)

East Lafayette Addition Replat A A Replat of Lot 1, Lot 2, Lot 25, Lot 26 Block 1, a Portion of the 20' alley south of said Lot 1 and Lot 2, East Lafayette Addition, Reception No. 457602, together with a portion of that property conveyed to the City of Lafayette at Reception No. 03290264. All Being a Portion of the NE 1/4 Section 2, Township 1 South, Range 69 West of the 6th P.M. City of Lafayette, Boulder County, Colorado

Baseline Road S 89°38'30" W 299.95'

205.54

Section Line

Site

35|36 02 Alum Cap PLS 28656

30.00'

N 1/4 Corner Section 2 Alum Cap PLS 23529

(Survey Tie) S 00°21'30" E 30.00'

Certificate of Dedication and Ownership:

City Administrator's Certificate:

Know all men by these presents, that Feed & Grain, LLC, and the City of Lafayette, Colorado, being the owners of all that real property situated in Boulder County, Colorado, described as follows:

I, Gary Klaphake, City Administrator of the City of Lafayette, Colorado, hereby certify that I have examined the Minor Subdivision and it appears to be in compliance with all applicable ordinances of the City and that a development agreement has been executed by the developer and accepted by the City.

S 89°38'30" W 94.41'

26.90'

1"=500'

N 00°21'30" W 38.34'

12 .5 P 20 8' (R ipe ' W ec lin as . N e te N Ea wa 48 o. 03 sem ter °2 3'1 60 e 52 0 nt 8" .8 W 922 1' )

8.41'

Vicinity Map

East Lafayette Addition according to the plat thereof, Block 1, Lot 2 Block 1, Lot 25 Block 1, Lot 26 Block 1, a Portion of the 20' alley south of said Lot 1 and Lot 2, together with a portion of that property conveyed to the City of Lafayette at Reception No. 03290264, from the BNSF Railway Company , and described as follows.

9.36'

29.91'

Northeast Corner Lot 3 Block 1 East Lafayette Addition Aluminum Cap PLS 16406

Commencing at northeast corner of said Lot 1, thence S 00°21'30" E along the east line of said Lot 1, and along the west line of said BNSF Railway Company, a distance of 38.34 feet to the POINT OF BEGINNING; S 89°38'30" W 8.53'

3.02'

Thence departing said lot line, N 89°38'30" E a distance of 8.53 feet; Thence S 01°25'21" E a distance of 134.61 feet; Thence S 89°38'30" W a distance of 26.03 feet to a point on the westerly line of said BNSF Railway Company; Thence N 00°21'30" W along said westerly line, a distance of 52.93 feet; Thence N 89°38'30" W along said westerly line, a distance of 15.00 feet; Thence N 00°21'30" W along said westerly line, a distance of 81.66 feet to the PONT OF BEGINNING.

N 00°21'30" W

81.66'

150.00'

Robert D. Niemeyer

House

N 01°25'21" W 134.61'

N 00°21'30" W 170.00'

Federico David Sacerdoti, et al

Containing in total, 0.713 acres, more or less.

Lot 1 28,963 sq ft 0.665 ac ±

N 89°38'30" E

Have by these presents laid out, platted and subdivided the same into lots and blocks as shown hereon and designate the same as East Lafayette Addition, Replat A, in the City of Lafayette, County of Boulder, Colorado; and does hereby dedicated to the City of Lafayette, Colorado, the Utility Easement and Drainage Easement shown herein, and an Emergency Vehicle Access Easement over and across the entirety of Lot 1.

_____________________________________ City Administrator _____________________________________ Attest: City Clerk

Attorney's Certificate: I, ________________, being an attorney licensed to practice law in the State of Colorado, certify that I have examined title to the above described land within the City of Lafayette, Colorado, and that the parties executing the plat is the owner thereof in fee simple. All property dedicated to the City of Lafayette is being dedicated free and clear of liens and encumbrances. _______________________________ , 2017 ________________________________ Attorney at Law

Executed this _______ day of ____________________, 2017 A.D. by __________________________________________as Manager of Feed & Grain, LLC, and as the owner of Lot 1.

Review Certificates:

The foregoing instrument was acknowledged before me this ________ day of

____________________________________ City of Lafayette Engineer

____________________, 2017 A.D.

15.00'

Notes: 1. Basis of Bearings is the south line of the southeast quarter of Section 35, T1N, R69W, 6th PM as monumented with an aluminum cap at each end, with a grid bearing of N 89°38'30" E and a distance of 2644.82 feet.

18.10'

N 89°38'30" E

79.59'

26.03'

10' Building Maintenance Easement

_____________________________________ Notary public

City of Lafayette

52.93'

20.00'

10.12'

I hereby certify that this instrument was filed in my office at ________o'clock___.M. this

Notary

________ day of____________________, 2017,

My commission expires________________

and is recorded in Plan File _________________________, Reception No _________________.

by _____________________________as_____________________The City of Lafayette, Colorado, and as the owner of Outlot B.

S 00°21'30" E 52.57'

Planning Commission Certificate: The foregoing instrument was acknowledged before me this ________ day of ____________________, 2017 by

The Preliminary Plat for East Lafayette Addition Replat A was approved by the City of

Witness my hand and official seal.

Lafayette Planning Commission of ___________________________________ A.D.

__________________________________________ Notary public

Silo

My commission expires_______________________

__________ ______________________ Chairperson

Notary

N 13°

W

Waneka

" 01'03

"W 01'03

N 13°

City Council Certificate:

Silo

10. Outlot B is not a separate building lot, but is intended to be appurtenant to, and owned by, the owner of Lot 1.

The undersigned hereby consents to the subdivision of the property herein described; to the dedication of the property interest to the City of Lafayette, Colorado as indicated on this subdivision plat; and hereby subordinates any interest it may have in the property to such dedications(s).

This final plat is approved by the City Council of City of Lafayette, Colorado, this ________

day of _________, 20_________, A.D. and may be filed with the Clerk and (Mortgage Company Name) ____________________________ By:

Recorder of Boulder County. All dedications to the City of Lafayette, Colorado as shown hereon are accepted by the City, provided that neither approval nor acceptance obligates the City of Lafayette for the financing, construction or maintenance of public improvements on

Silo

73.83'

10.25'

13.91'

10.05'

____________________________ Capacity County and State of:

property interests dedicated to the City.

The foregoing Lenders Approval and Subordinations was acknowledged before me this ________ day of _________ 2017 by____________________________

______________________________________________________________ Mayor

as ____________________________ of (Mortgage Company Name

Xref G:\GEOSURV\2015\115016 816 Baseline\Architect\X150 Site plan 3.dwg

_____________________________ Notary Public

S 89°38'30" W 108.04'

Surveyor's Certificate

Witness my hand and official seal of the City of Lafayette.

I, David C. Costner, do hereby certify that I am a duly registered professional land surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete plat of East Lafayette Addition Replat A as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my direct responsibility, supervision and checking and correctly shows the location and dimensions of the tracts staked upon the ground in compliance with Articles 50-53 of the Title 38, Colorado Revised Statutes governing the subdivision of land.

_______________________________________________________________ Attest: City Clerk

David C. Costner PLS 25936

_______________________________ Attest: Secretary

Lender's Approval and Subordination:

A 74.62' R 766.20' Δ 5°34'48" L 74.59' CB S 03°08'53" E

All Boundary Corners #5 Rebar and Plastic Cap PLS 25936 (unless otherwise noted)

Fees ______________

__________ _______________ _________________________________ Deputy Clerk and Recorder

Executed this _______ day of ____________________, 2017 A.D.

Elevator

'28" W

113.43'

N 00°21'30" W 130.00'

9. The 10’ building easement is for the benefit of and purpose or maintaining and preserving the façade of the structures adjacent to and east of Lot 1.

S 86°32'05" E

10' Drainage Easement

House

Witness my hand and official seal.

N 81°25 '28" W

N 81°25

Rodger J. & Mary J. Barbeau

8. An emergency vehicular access easement is hereby dedicated to the City of Lafayette over and across Lot 1, which may be reduced to a 20' wide easement in conjunction with the approval of a site plan for Lot 1.

20' Utility Easement

6.45'

4. The following documents were relied on for the preparation of this survey. a. 1896, Book 168 Page 525, original conveyance to Utah and Pacific Railroad Company. b. 1898, Unrecorded Station Map, Lafayette, Colorado by Chicago, Burlington, & Quincy R.R. Company c. 1910, Unrecorded, Henry Drum, survey of East Lafayette Addition d. 1947, Rec. No. 457602 East Lafayette Addition, Subdivision Plat e. 1957, Unrecorded, Lease agreement CB&QRR Co. to Van Booven f. 1957, Book 1037 Page 478 Schaaf to Van Booven g. 1967, Rec. No. 857664 Van Booven to Distel h. 1971, Rec. No. 995752 Distal to Richardson

7. The entirety of Lot 1 is encumbered by a private vehicular and pedestrian access easement for the benefit of the owners of the properties that abut the east-west alley that runs from Lot 1 west to North Foote Avenue. Said private access easement may be reduced to a 20' wide easement in conjunction with the approval of a site plan for Lot 1.

N 88°34'39" E 25.70'

79.59'

3. These premises are subject to any and all easements, rights of way, variances and or agreements as of record may appear.

6. Any person who knowingly removes, alters or defaces any public land survey monument or land boundary monument or accessory commits a Class Two (2) Misdemeanor pursuant to State Statute 18-4-508, C.R.S.

2,110 sq ft 0.048 ac ±

S 86°32'05" E N 89°38'30" E 25.00'

Clerk and Recorder's Certificate:

Outlot B

Southeast Corner Lot 3 Block 1 East Lafayette Addition Aluminum Cap PLS 16406

2. GeoSurv relied upon Fidelity National Title Company, File Number 515-F0534163-170-RRO, Amendment No. 1 effective date May 27, 2016 for the preparation of this survey and to determine, a) ownership of the tract of land. b) compatibility of this description with those of adjacent tracts of land. c) rights of way, easements and encumbrances of record affecting this tract of land.

5. According to Colorado Law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon.

by _______________________________ as Manager of Feed & Grain, LLC, and as the owner of Lot 1.

Garage

Geneseo Street

North 0

20 Graphic Scale in Feet 1"=20'

File: G:\GEOSURV\Lafayette\816 Baseline\2017 Final Plat\816 Baseline 20170803.dwg Printed: Aug 03, 2017 4:45pm by: DCostner2

40

Review Print

LOYALTY INNOVATION

Revised 8/03/2017

LEGACY

520 Stacy Court Ste B, Lafayette, CO 80026 303.666.0379 www.topographic.com

To:

Gary Klaphake, City Administrator

From:

Jon Hoffman, Planner

Date:

July 12, 2017

Subject:

East Baseline Road Addition Replat A / Site Plan Architectural Review

Recommendation: Approval of East Baseline Road Addition Replat A, Minor Subdivision subject to the Planning Commission recommended condition of approval and recording of the minor subdivision within 30 days of the date of approval. Background: On May 24 2017 Planning Commission recommended approval of the Minor Subdivision application for Lot 1, 2, 25, 26, Block 1 East Lafayette Addition (previously the Lafayette Feed and Grain site) at 816 E. Baseline Road. The Minor Subdivision will combine the existing four lots and vacated alley into one 28,963 square foot lot and a 2,110 square foot outlot (Outlot B). The East Baseline Road Addition Replat A minor subdivision is required to meet the conditions defined in the March 7, 2017 agreement between the applicant and the City Council. That agreement outlined that the owner of the Lafayette Feed and Grain Store site desired to clarify the ownership interest in their property as it relates to the City trail property and alley right-of-ways in exchange for a maintenance easement for the Lafayette grain elevator and the three tall silos on the east side of the property. The agreement contemplates the vacation of the alley right-of-way subject to conditions outlined further in this report and the conveyance of the City’s interest in a portion of the City property trail right-of-way to the property owner. Planning Commission found that, subject to the recommend condition of approval, the minor subdivision complies with the requirements of Section 26-17-7 of the Development and Zoning Code. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: 1. Planning Commission Notice of Decision dated May 24, 2017 2. Planning Commission Staff Report dated May 18, 2017 3. Subdivision Plat

Planning & Building Department Planning Commission Notice Of Decision Date: 5-24-17 Type of Project: Minor Subdivision, PUD, Easement Vacation and Site Plan/Architectural Review File Number: MS-4-17, PUD-3-17, VA-3-17 and AR-9-17

Project Name: East Lafayette Addition Replat A - Feed & Grain LLC Subdivision Project Summary: The proposed development will includes the Minor Subdivision of Lots 1, 2, 25, and 26 Block1 of East Lafayette Addition. The Subdivision will combine the four lots and vacated alley into one 28,963 sq. ft. lot. The new lot is for a 4,032 square foot two-story commercial building. The following applications are included in the review: a Minor Subdivision, a PUD review, Easement Vacation, and Site Plan/Architectural Review. The PUD Review is to allow code modifications for reductions in parking lot setback in order to allow for development of the property in a fashion that is desirable and uses the historic layout of the site. The Vacation will vacate the alley right-of-way. Applicant/Owner: Verbeck Design Studios / City of Lafayette Site Location: 816 E Baseline Road Action Taken: Planning Commission recommended approval of the requested vacation of the alley right-of-way for East Lafayette Addition Replat A subject to the conditions of approval listed below. Planning Commission recommended approved of the East Lafayette Addition Replat A Minor Subdivision subject to the condition of approval listed below. Planning Commission recommended approved of the East Lafayette Addition Replat A PUD (Planned Unit Development) subject to the condition of approval listed below. Planning Commission recommended approved of the East Lafayette Addition Replat A Site Plan/Architectural Review subject to the conditions of approval listed below. Planning Commission Vote: Vacation – Unanimous in favor Minor Subdivision – Unanimous in favor PUD Review – 6 in favor, 1 opposed Site Plan/Architectural Review – 5 in favor, 2 opposed Appeal Process: Application will be forwarded on to the City Council for review and approval. Vacation Conditions of Approval: 1. All conditions of approval outlined in the March 7, 2017 agreement between the property owner and the City of Lafayette shall be met. 2. The recording of the vacation of the alley right-of-way and the recording of the access easement, utility easement, and drainage easement will occur contemporaneously before the Plat is recorded; Minor Subdivision Conditions of Approval: 1. All additions and corrections to the plat and clerical and grammatical errors shall be corrected by the applicant prior to consideration by City Council;

1290 S. Public Rd.  Lafayette, Colorado 80026  (303) 665-5588 Fax (303) 665-2153

East Lafayette Addition Replat A - Feed & Grain LLC Notice of Decision Page 2

2. Approval of the East Lafayette Addition - Replat A Plat is contingent upon recording of the required easements and upon the effective date of the ordinance by the City’s vacation of the alley; Planned Unit Development Conditions of Approval: 1. The Planned Unit Development approval is subject to Site Plan/Architectural Review approval. Site Plan/Architectural Review Conditions of Approval: 1. Prior to building permit submittal, the site plan and architectural plans shall be revised as follows subject to review and approval of staff; a. The applicant shall provide a 4-foot concrete sidewalk along Geneseo Street that connects to the existing sidewalk to the west and continues to the property line to the east; b. The four (4) proposed parking spaces in the middle of the parking lot shall be replaced with two (2) landscaped island end caps with drainage channels incorporated in the islands, pull through parking spaces between island end caps, and one-way traffic around the islands and pull through parking spaces; c. The applicant shall design the patio footings to spread footings as much as possible outside the easement or as detailed in easement agreement; d. The second story outdoor seating area shall be removed from the south elevation of the building and be relocated to the north side of the building or be removed; e. The proposed 4-foot fence to screen the mechanical equipment shall be increased in height to 6 feet with the material on the fence be approved by staff; f. All wall-mounted equipment shall be painted to match the adjacent wall color; g. The proposed 4-foot fence to screen the trash bins shall be increased in height to 6feet with the material on the fence be approved by staff; h. Eight (8) deciduous shrubs shall be added to the landscape plan with the location and species to be approved by staff; i. A 3-foot high articulated masonry, stone, or similar material decorative wall with landscaping both sides of the wall to soften the appearance shall be added along Baseline Road to screen the parking area; j. A 3-foot in high articulated masonry, stone, or similar material decorative wall shall be added along Geneseo Street; k. The plans shall be revised to include the installation of a weather sensor in an appropriate location subject to staff review and approval; l. A shield shall be added to the parking lot lights to shield the residential properties to the west. The applicant shall work with staff to lower overall light levels to zero at the lot lines and the height of the parking lot lights shall not exceed 15 feet; m. No internally illuminated signage shall be permitted on the west or south elevations of the building; n. The applicant shall address the comments from the City Engineer prior to submitting a building permit; o. The applicant shall install a pedestrian connection from the Geneseo Street sidewalk to the building; p. The applicant and staff shall explore traffic calming measures for the alley to discourage westbound commercial traffic;

East Lafayette Addition Replat A - Feed & Grain LLC Notice of Decision Page 3

q. The most northern parking space adjacent to Baseline Road shall be removed; r. Lighting shall not be visible from adjacent properties; 2. The Site Plan/Architectural Review approval is subject to the Vacation and Minor Subdivision application approvals; 3. The applicant shall work with Parks Open Space and Golf Department and provide connection from the sidewalks on the Baseline Road and Geneseo Street to the existing pedestrian Burlington Trail; ***************************************************************** Distribution: x File x City Attorney x Building Official x Applicant Plans Analyst x City Council x Public Works x Planning Commission Crime Prevention Technician Other ____________________ ***************************************************************** Enclosed are two copies of the Notice of Decision. Please return one signed copy to the City in the enclosed envelope and keep the other copy for your records. I accept the decision as described above. Signed:

_____________________________ (Owner)

Feed & Grain 816 East Baseline Road Lafayette, Colorado

LANDSCAPE PLAN

Licensed Landscape Architecture

NATURE'S DESIGN ASSOCIATES LLC

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