amended agenda - City of Lafayette

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 1, 2017

AMENDED AGENDA 5:30 PM CITY COUNCIL MEETING I.

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

II.

PRESENTATION – East Boulder County / Relay for Life / Lisa Gomez & Brittany McGarry (10 min)

III.

WORKSHOP A. Joint Meeting / Urban Renewal Authority (1 hr) B. Parks, Recreation, & Open Space Fees (30 min)

IV.

RETURN TO REGULAR SESSION

V.

PRESENTATIONS C. Boulder County Transportation Department / RTD Ridership Contest Results (10 min) D. Activate Lafayette Mobile Phone App / Debbie Wilmot (10 min)

VI.

PUBLIC INPUT (AFTER 6:30 PM)

VII.

PUBLIC HEARINGS E. First Reading / Ordinance No. 30, Series 2017 / Amending Chapter 26 – Development Code / Old Town Design Criteria F. Exception to Ordinance No. 28, Series 2017 / 90-Day Moratorium on Building Permits for Old Town Residential Structures / 201 West Chester Street G. Exception to Ordinance No. 28, Series 2017 / 90-Day Moratorium on Building Permits for Old Town Residential Structures / 104 West Cleveland Street

VIII.

REGULAR BUSINESS Ordinances H. First Reading / Ordinance No. 31, Series 2017 / Adopting the 2017 National Electric Code I. 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 J. 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 K. First Reading / Ordinance No. 34, Series 2017 / Amending Chapter 47 – Historic Preservation / Demolition Public Hearing Notice Resolutions L. Resolution No. 2017-37 / Decreasing Off-Street Parking Requirement / 802 S. Public Rd. M. Resolution No. 2017-38 / Decreasing Off-Street Parking Requirement / 811 S. Public Rd.

IX.

CONSENT AGENDA N. Minutes of Regular Council Meeting of July 18, 2017 O. Resolution No. 2017-39 / Surplus City Vehicles and Equipment P. Resolution No. 2017-40 / Authorizing an Intergovernmental Agreement Between the Colorado Department of Transportation and City of Lafayette / Safe Routes to School Grant Q. Contract / City-Wide Facility Painting / Painting Plus of Boulder R. Contract / Installation of Non-Reservable Shelter at Waneka Park / Recreation Plus LTD S. Open Space Advisory Committee / Prairie Dog Policy Recommendations T. Resolution No. 2017-41 / Establishing Fee for Solid Waste Education U. Lot 3, Westridge Filing No. 1 Replat B / Les Schwab Tire Center / Site Plan Architectural Review V. Purchase Orders and Amendments

X.

COUNCIL APPOINTMENT(S) W. Energy Sustainability Advisory Committee

XI.

STAFF REPORTS X. City Attorney’s Report 1. DRAFT Resolution / 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 2. DRAFT Resolution / 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 3. DRAFT Resolution / 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 Y. City Administrator’s Report

XII.

COUNCIL REPORTS

XIII.

ADJOURN

RELAY FOR LIFE OF EAST BOULDER COUNTY Saturday, August 12

WHAT IS RELAY FOR LIFE? • The world’s largest fundraising event to save lives from cancer! • Unites thousands of communities across the globe to celebrate survivors, remember loved ones lost, and take action to bring cancer to its knees.

ABOUT OUR EVENT Saturday, August 12 Waneka Lake 4p.m.-midnight Start fundraising today and join us on event day for: • Reception for Survivors & their Caregivers • Team Fundraisers—they’re creative! • Movie in the Park • Silent Auction • Luminaria Ceremony to remember those we have lost and honor those who are still with us

YOUR DONATIONS MAKE AN IMPACT

BECAUSE OF YOU, WE CAN INVEST IN…

HOW TO JOIN US?

With your help, the American Cancer Society is touching the lives of so many – those who are currently battling cancer, those who may face a diagnosis in the future, and those who may avoid a diagnosis altogether.

STAFF REPORT To:

Gary Klaphake

From:

Debbie Wilmot, Public Information Officer

Date:

August 1, 2017

Subject:

Activate Lafayette Mobile App Launch

This time last year I asked for your permission to accept the Activating Places and Spaces Grant from the Colorado Health Foundation. We talked about upcoming community input opportunities, focus groups, and presentations to all Lafayette Boards and Commissions. Twelve months later, we have an exciting mobile phone app that will help us create placemaking opportunities now and into the future. This easy to use technology encourages residents to "Be a Part if It - Community Life |Active Lifestyles | Sustainable Living". The Activate Lafayette mobile phone app allows community members to experience Lafayette's art, history, and outdoor spaces while engaging with interesting and informative content. You can take the Waneka Lake Interactive Tour and learn about the old power plant, Thomas Open Space, and more. The Art on the Street and Permanent Art Tours allow users to take an in-depth look at the City's art collections and meet the artists. The Lafayette Historic and Historic Landmark Tours allow participants to take a step back in time and learn about our past. The Walk and Wheel feature allows bikers and pedestrians to map trips anywhere in the City along the Walk and Wheel Route. One of the most exciting features about the Activate Lafayette app is its fluidity and capability to continually evolve, which will provide users with new experiences and ways to engage. We're launching the app this month with a vibrant offering of engaging features - but new and interesting content, contests, and tools will be introduced frequently. Activate Lafayette will morph into other interest areas as a result of community use and ideas for new enhancements. Thank your support of this project. The following presentation gives you an overview of some of Activate Lafayette's current features and download instructions. I invite you to download the app to your Apple or Android device today and start activating with the fabulous places and spaces Lafayette has to offer. You will also be eligible to win some great prizes. A note to mention... you can open this app while sitting on your couch, but the full content is not available unless you're physically at the locations and "activating" along the Tours. www.cityoflafayette.com/Activate

Activate Lafayette Community Mobile Phone App

July 2017

ACTIVATE LAFAYETTE Project Background Placemaking and “Activating” Community Spaces 

In May 2016 the City of Lafayette was awarded an “Activating Places and Spaces Together” grant from the Colorado Health Foundation. CHF’s goal in funding this grant is to help activate existing infrastructure in public places that contribute to a community’s overall health through residential usage and positive experiences. Lafayette’s project, Activate Lafayette, has developed a new communitywide mobile phone app intended to connect and engage users to public spaces, parks, trails, art, historic points of interest, safer bike and pedestrian routes, and other public features in the Lafayette community. Community input was gathered through presentation to all City Boards and Commissions, a public input session, focus groups, and community testing sessions.

cityoflafayette.com/Activate

Engagement Features The new Activate Lafayette mobile app puts placemaking and interactive experiences at your fingertips! Some of the activities you'll interact with are; 

Engage with community amenities



Learn about local art and history



Check-in at points of interest



Get active in parks and on trails



Participate in walking tours



Map out biking/walking routes to any location in town



Share your experiences with friends

* To access all content available through locations on the mobile app, users must be physically out walking the tours and checking in at points of interest.


How to engage on a Walking Tour

Tour Landing Screen

Tour Overview

Map Your Route

Unlock Content


Other ways to engage

Map your walk/ride along the Walk and Wheel route

Locate public parking lots in Old Town

Find a bike rack

Interact with places to capture additional information cityoflafayette.com/Activate

Activities available today 

Waneka Lake Interactive Walking Tour



Walk and Wheel Biking/Walking Route



Lafayette Historic Walking Tour



Lafayette Historic Landmark Tour



Art on the Street Tour



Permanent Art Collection Tour



Alley Art Amazin' Tour (coming soon!)



“Around Town”: Farmers Market, Great Outdoors Waterpark, Bob L. Burger Recreation Center, Festival Plaza, Miners Museum, The Collective Community Arts Center

* To access all content available through locations on the mobile app, users must be physically out walking the tours and checking in at points of interest.


Download the Activate Lafayette App Instructions at www.cityoflafayette.com/ACTIVATE

SCAN the QR code



SEARCH in the App Store

SCAN the QR code to download the app - OR –



SEARCH for “Activate Lafayette” in the Apple Store or Google Play Store cityoflafayette.com/Activate

Enter the Activate Lafayette Download Contest Just by “friending” us! 

Download the Activate Lafayette mobile app



Create your User Profile



Click on the “My Friends” icon on the bottom right



Click on the “+” sign and search for “Activate Lafayette”



Click on the



You’re automatically entered in monthly drawings to win great prizes!

icon to “friend” Activate Lafayette


User Instruction Guide A full tutorial on the features and tools available in the Activate Lafayette app can be found in the menu under “How to Use”.


WHAT’S NEXT?

The possibilities are endless! The great thing about the Activate Lafayette app is that we will be continuing to develop new and engaging content. The next new feature to launch will be a Alley Art Amazin’ Tour and the Coal Creek Walking Tour. OTHER IDEAS WE’RE WORKING ON: 

Scavenger hunts



More contests



Miner Museum interactive tour



Restaurant and brewery guide



Lafayette business guide

Have an idea? Email [email protected]


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

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


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. 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.


Sec.26-18.1-3. Schedule of Requirements. 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 ---

[1] 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: (a) 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; (b) 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;


(c) 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; (d) 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. (e) 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 (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] Modifications to maximum heights established by Table 26-B of this Chapter may not be granted as part of a planned unit development. [3] 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)


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

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

(a) 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. (b) 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 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.26-18.1-4 Yard requirements Except as otherwise provided in this section, every part of a required yard shall be unobstructed by buildings from ground level upward and count towards lot coverage, except for architectural features, or projections of architectural features as follows: 1. Cornices, sills and ornamental features, not to exceed twelve (12) inches; 2. Roof eaves, not to exceed eighteen (18) inches; 3. Uncovered porches, slabs and patios; walks and steps; all when less than thirty-six (36) inches above the ground; 4. 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; 5. Solar collection devices and equipment, not to exceed eighteen (18) inches or ten (10) percent of the required setback, whichever is greater; 6. 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. 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.26-18.1-3.1. (a). 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 3—Required side wall articulation through stepdown (top) or variation in wall plane (bottom).


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: a) Locating equipment a minimum of ten (10) feet from ground level bedroom windows and unenclosed patios or porches on the adjacent home; b) Locating equipment in a sound-buffering enclosure; and/or c) 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. B) Additions 1) Additions shall incorporate roof and building forms similar to those found on the principal building. 2) Full floor additions or “pop tops” 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 entire original roof form for the purposes of adding a floor plate and ceiling height on the second floor that is greater than eighty (80) percent of the first floor of the original building. (Figure 5)

Figure 4- Full floor additions or “pop tops” (right) that obscure the form of the original building (left) are prohibited.

3) 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): a) Concentrating the mass and height of the addition behind and/or to the side of the principal building; b) 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; c) 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 d) Aligning or stepping down the height of an addition where it meets the principal building.


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.

4) 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.

5) 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 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).

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. 1) Tree replacement. Preservation of significant trees is encouraged. For the purposes of this standard, significant trees shall be defined as follows: a) A minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree; or b) A minimum of ten (10) feet in height for a needled evergreen tree. 2) 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. 3) 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.


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. 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 9. 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 10. 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 11. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 12. Violations of this ordinance shall be punishable in accordance with Section 1-10 of the Municipal Code of the City of Lafayette, Colorado. Section 13. 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:

APPROVED AS TO FORM:

__________________________________ Susan Koster, CMC City Clerk

____________________________________ David S. Williamson, City Attorney

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

1

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

3

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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•

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.

City of Lafayette

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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.

City of Lafayette

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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.


City of Lafayette

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•

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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•

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)


•

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.

City of Lafayette

9

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)


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

10


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

11

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

1

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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

— 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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



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.

City of Lafayette

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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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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.


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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

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)


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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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

1

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

5

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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STAFF REPORT To:


From:

Greg Thompson, Senior Planner

Date:

July 21, 2017

Subject:

Exception to Ordinance No. 28, Series 2017 / 90-Day Moratorium on Building Permits for Old Town Residential Structures / 201 W. Chester Street

Action Required: 1. Decision on Exception to Ordinance No. 28, Series 2017 for new construction of a new garage/accessory dwelling unit at 201 W. Chester Street. Background: The owners of the property at 201 W. Chester have proposed building a new garage/ADU (Accessory Dwelling Unit) on their property. The applicants have requested an exception to Ordinance No. 28, Series 2017 which would allow them to build a single family dwelling on a vacant lot. Under the existing code and proposed codes, the applicants need to identify the proposed exterior materials, but otherwise appear compliant with the existing and proposed codes. Fiscal Impact: No fiscal impacts associated with this request. Attachments: Application Materials Ordinance No. 28-Series 2017

ORDINANCE NO. 28, Series 2017 INTRODUCED BY: COUNCILOR CHELSEA BEHANNA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, PROVIDING FOR A 90- DAY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR THE ISSUANCE OF BUILDING PERMITS FOR NEW STRUCTURES, AND SIGNIFICANT ADDITIONS TO EXISTING STRUCTURES, IN THE OLD TOWN RESIDENTIAL ZONE DISTRICT, AND PORTIONS OF ADJACENT OR NEARBY RESIDENTIAL (INCLUDING T-1 ZONE) ZONE DISTRICTS; AND DECLARING AN EMERGENCY

WHEREAS, in 1999, the City of Lafayette established the “Old Town Residential Zone District,” in part to protect, and encourage, appropriate densities and development in the residential area historically associated with “Old Town” Lafayette; and WHEREAS, following the establishment of the Old Town Residential Zone District (“OTR”), the economy was such that the results of the zoning regulations for the OTR zone district were not readily apparent; and 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 with densities that may be detrimental to the goals of preserving the character of Old Town and that were sought to be achieved in the OTR zone district; 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 has conducted public hearings, and has recommended that the City Council to 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; and WHEREAS, City Council anticipates it will consider and act upon such recommended ordinance within the next 90 days; and WHEREAS, in the absence of a moratorium, the submission of applications for building permits in the Affected Area in anticipation of enactment of the proposed design criteria changes may well defeat the purpose of the proposed changes; and

WHEREAS, the imposition of a 90-day moratorium on the acceptance and processing of applications for, and the issuance of, any building permit for new structures and substantial additions to existing structures in the OTR zone district, and those certain areas adjacent to or nearby the OTR district, all as shown and designated on Exhibit A attached hereto as “Area to be reviewed as part of potential Design Review Criteria” (the “Affected Area”), will preserve the status quo, and allow City Council to investigate, consider, and adopt amendments, if advisable, to the Lafayette Code of Ordinances pertaining to zoning regulations in the Affected Area; and WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in length and is no longer than is required for the City to properly develop, adopt and implement amendments to the Lafayette Code of Ordinances pertaining to regulations in the Affected Area; and WHEREAS, owners and developers of real property in the Affected Area desiring to construct new structures, or significantly increase the size of existing structures, will not be unfairly prejudiced by the imposition of the short, temporary moratorium proposed by this ordinance; and WHEREAS, City Council finds and declares that an emergency exists and that it is necessary that this ordinance become effective immediately upon adoption at a single reading to preserve the public’s peace, safety and welfare because of the need to prevent permanent improvements that will be detrimental to the character of the Affected Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. A moratorium is imposed upon the acceptance and processing of applications for, and the issuance of, any building permits for new structures and for significant additions to existing structures in the OTR zone district, and those certain areas adjacent to or nearby the OTR district, all as shown and designated on Exhibit A attached hereto as “Area to be reviewed as part of potential Design Review Criteria” (the “Affected Area”). For the purposes of this ordinance, a “significant addition” is any construction that would result in more than a 20% increase in finished or unfinished livable square footage, including basements and lofts. The moratorium imposed by this ordinance shall commence as of the effective Section 2. date of this ordinance and shall expire 90 days thereafter, unless sooner repealed. Section 3. The City Council shall have the power to grant a special exception to the moratorium established in Section 1 of this ordinance, and to order the acceptance and processing of applications, and the issuance of a building permit, that would otherwise be prohibited by this moratorium, if the following conditions are met, as determined in the sole satisfaction and discretion of City Council: a) A written submission for a special exception must be submitted indicating the exact nature of the project proposed and building permit, sought to be obtained and stating with particularity the circumstances of the undue, substantial hardship that the applicant will suffer if the special exception is not granted; 2

b) Within thirty (30) days the City Council shall hold a public hearing on the application for special exception. Notice shall be given at least 7 days in advance of the public hearing. The owner of the property, or agent, shall be notified by mail. Notice of such hearing shall be posted on the property and shall be published in a newspaper with general circulation within the City of Lafayette at least seven (7) days prior to the public hearing. c)

City Council may grant the special exception if it finds all of the following:

(i) The issuance of the building permit is necessary to prevent undue, substantial hardship for the applicant; and (ii) The issuance of the building permit will not affect the public interest or the purpose and reasons for this moratorium; and (iii) The issuance of the building permit will be in accordance with all of the ordinances and regulations of the City of Lafayette as if the moratorium were not in effect. Section 4. The provisions of this ordinance and the moratorium imposed hereby shall not affect or otherwise prohibit the processing of applications for and the issuance of building permits outside of the Affected Area, or additions to existing structures within the Affected Area that constitute less than 20% of an increase in finished or unfinished livable square footage, including basements and lofts. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. The repeal or modification of any provision of the Code of Ordinances of Section 6. 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 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 8. This ordinance shall take effect immediately upon its adoption at one reading in accordance with Section 7.3 of the Charter of the City of Lafayette, Colorado.

3

INTRODUCED, PASSED AND FINALLY ADOPTED, AND POSTING ORDERED, ON THE 5th DAY OF JULY, 2017.

CITY OF LAFAYETTE, COLORADO

____________________________________ Christine Berg, Mayor

ATTEST:

APPROVED AS TO FORM:

__________________________________ Susan Barker, CMC City Clerk

____________________________________ David S. Williamson, City Attorney

4

Exception

201 W. Chester

Background Proposed garage/ADU Moratorium issued July 5

Exception Criteria Criteria (i) Issuance of building permit is necessary to prevent undue, substantial hardship for the applicant (ii) Issuance of building permit will not affect the public interest or the purpose and reasons for this moratorium (iii) Issuance of building permit will be in accordance with all of the ordinances and regulations of the City of Lafayette as if the moratorium were not in effect

Applicant’s Request Financial hardship. Took surrounding community into account May kill project if they have to wait 90 days

Proposed Site Plan

Garage/ADU Elevations

East

South

Meets Existing Code? Garage/Accessory Dwelling Unit Appears to.

Meets “Spirit” of New Code Garage/Accessory Dwelling Unit Lot Coverage under 25% with new garage/ADU building

STAFF REPORT To:


From:

Greg Thompson, Senior Planner

Date:

July 21, 2017

Subject:

Exception to Ordinance No. 28, Series 2017 / 90-Day Moratorium on Building Permits for Old Town Residential Structures / 104 W. Cleveland

Action Required: Decision on Exception to Ordinance No. 28, Series 2017 for construction of a new garage/accessory dwelling unit at 104 W. Cleveland. Background: The owners of the property at 104 W. Cleveland have proposed building a new garage/ADU (Accessory Dwelling Unit) on their property. The applicants have requested an exception to Ordinance No. 28, Series 2017 which would allow them to build a garage/accessory dwelling unit on a lot with an existing house on it. An existing