City of Arvada City Council Agenda NOVEMBER 12, PDF Free Download

City of Arvada City Council Agenda NOVEMBER 12, 2018 WORKSHOPS Councilmembers: Marc Williams, Mayor John Marriott, Mayor Pro Tem Bob Fifer, At large Nancy Ford, District 1 David Jones, District 4 Mark McGoff, District 2 Dot Miller, At large Staff Members Usually Present: Mark Deven, City Manager Lorie Gillis, Deputy City Manager Chris Daly, City Attorney Burt Knight, Director of Public Works Jim Sullivan, Director of Utilities Ryan Stachelski, Director of Growth and Economic Development Bryan Archer, Director of Finance Rob Smetana, Manager of City Planning and Development Kristen Rush, City Clerk Info: 720 898 7550 THIRD FLOOR CONFERENCE ROOM EXECUTIVE SESSION 5:00 P.M. Instructions to Negotiators, Pursuant to CRS 24-6-402(4)(e) Relating to Jefferson County Communications Center Authority (Jeffcom) CITY COUNCIL CHAMBERS 6:00 PM 1. CALL TO ORDER/ROLL CALL OF COUNCILMEMBERS 2. WORKSHOPS: 3. A. Joint Workshop with City Council and Planning Commission Land Development Code (LDC) Update B. Staff Updates ADJOURNMENT

REPORT TO CITY COUNCIL WORKSHOP AGENDA ITEM 2.A. TO: THE HONORABLE CITY COUNCIL DATE: November 12, 2018 SUBJECT: Joint Workshop with City Council and Planning Commission - Land Development Code (LDC) Update Report in Brief At this workshop, staff and the City s consultant, Todd Messenger from Fairfield and Woods, P.C., would like to obtain Council s and Planning Commission s opinions on the following topic areas: 1. Code Module 3. Todd Messenger will present the initial thoughts on the proposed decision-making levels of approval, ranging from administrative to City Council approvals. Options for appeal processes will also be presented. 2. Bulk Plane. Three options for the bulk plane as a transition between lower-density residential and higher density zoning districts were reviewed by the LDC Advisory Committee on October 11, 2018. Staff will present these options and the Committee s comments at the workshop. 3. Short-Term Rentals. At the August 13, 2018 City Council and Planning Commission workshop, the topic of short-term rentals in Arvada was introduced and Council directed staff to proceed with holding focus group meetings on the topic. A focus group meeting was held on October 9th and another is scheduled for November 1st. Attendees included operators of short-term rentals, Councilmember Ford, representatives from the LDC Advisory Committee, Arvada Visitors Center, Arvada Chamber of Commerce, AEDA, and staff. Discussions focused on how to balance the property rights of residential property owners who want to rent out a part of their home (or the entire home), and the rights of neighbors who want to protect and preserve their neighborhoods. 4. Follow-Up from the August 13, 2018 City Council and Planning Commission Workshop. In addition to short-term rentals, there were three other topic areas related to the LDC update that were introduced at the August 13th workshop. These were accessory dwelling units (ADUs), the expanded business use of the home, and the height of structures in low-density residential districts. Staff will present additional information at the workshop in response to Council s questions as well as a summary of responses from the August 29th community open house. Background Since the last Joint Workshop on August 13, 2018, a community open house focused on Code Module 2 and key topic areas was held and approximately 50 people attended. The Short-Term Rental Focus Group held their first meeting on October 9, 2018. The Advisory Committee convened on October 11, 2018 to review the initial proposals for Code Module 3 and also discussed bulk plane options, short-term rentals, and other topics. Staff is currently continuing the detailed review of draft Code Module 2. Strategic Alignment

SUBJECT: Joint Workshop with City Council and Planning Commission - Land Development Code (LDC) Update PAGE: 2 ITEM: 2.A. Revisions to the Land Development Code aligns with the Growth and Economic Development Priority Area of the City Council Strategic Plan. Next Steps Comments from Council and Planning Commission will be included in revisions to draft Code Modules 2 and 3. The next steps include the third community open house on November 29, 2018, and an Advisory Committee meeting on December 6, 2018. Comments from the public will be reviewed and considered in revisions to the draft Code Modules. Prepared by: Joan Brown, Administrative Supervisor Reviewed by: Carolina Rodriguez, Legal Administrative Specialist 10/23/2018 Approved by: Carol Ibanez, Senior Planner 10/22/2018 Loretta Daniel, Senior Planner 10/22/2018 Ryan Stachelski, Director of Growth and Economic Development 10/22/2018 Todd Messenger, Attorney 10/24/2018 Rachel Morris, Deputy City Attorney 10/24/2018 Chris Daly, City Attorney 10/25/2018 Lorie Gillis, Deputy City Manager 10/25/2018 Mark Deven, City Manager 10/30/2018 Enclosure, exhibits & attachments required to support the report

Land Development Code Update City Council / Planning Commission Workshop November 12, 2018 We Dream Big and Deliver

PURPOSE OF MEETING Introduce Module 3 Request City Council and Planning Commission input on: Bulk plane Short-term rentals (STR) Provide follow-up from the August 13 th workshop: Accessory Dwelling Units (ADU) Expanded business use of the home Height of buildings in residential districts 2

2017 2018 2019 2020 THE WORK PLAN SEPT. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. JAN. FEB. MAR. 1 CITY COUNCIL/ PLANNING COMMISSION WORKSHOP 2 CODE MODULE #1 OPEN HOUSE CODE MODULE #2 OPEN HOUSE CODE MODULE #2 OPEN HOUSE We are here 3 4 CODE MODULE #3 OPEN HOUSE DRAFT CODE OPEN HOUSE 5 PLANNING COMMISSION & CITY COUNCIL HEARINGS 1. Project initiation 2. Code Modules preparation and public review 3. Draft Code development and public review 4. Remapping of zoning Districts 5. Code completion and approval 3

MODULE 3 INTRODUCTION 4

Intro to Procedure Key Objective Make things as simple as possible, but not simpler.

Suggestions Pre-Application Neighborhood Meeting Use a streamlined set of procedural steps for nearly all application types, with different decision points based on the type of application Ultimately, all application types should fit into one of about 5 to 7 procedural pathways or tracks Referrals Application Completeness Review Compliance Review Recommendation or Decision (Staff) Recommendation or Decision (PC) Decision (Council) Notice / Public Comment Hearing / Decision Notice Hearing / Decision Notice

Suggestions Decision making pathways can be standardized into tracks with distinct requirements for procedural steps and, potentially, notice Instead of customizing a process for each type of application, the Code could create tracks and then assign them to the various required approvals and permits That way, over time, process improvements could focus on tracks rather than just particular types of approvals and permits

Current Process Detailed by Approval Type

Proposed Establish Tracks

Proposed Assign Tracks to Approval Types

Appeals Administrative appeals are appeals to a person or an appointed or elected body (e.g., Hearing Officer, Board of Adjustment, Planning Commission, or Council), as opposed to a court Current code allows two administrative appeals for FDP, minor plat, minor subdivision, certain easements, site plans, certificates of compliance with design guidelines (Olde Town), and several other approvals Best practice is one bite at the apple for an administrative appeal balances convenience and cost to appellant (and applicant, if different), control of City s fate by City itself, and time necessary for finality of decision

Appeals Module 3 will address: Who hears appeals? What s the standard for review? What qualifications, if any, are required of appellants? What are the timeframes?

BULK PLANE 15

BULK PLANE Purpose: Provide transition between infill / new development and adjacent existing single-family residential districts Three Options: Intent is to provide an easy to understand and effective approach 16

BULK PLANE OPTION 1, IN CURRENT LDC 6.3.2. - Exception to general rule: Transitional heights. Where a multifamily residential structure or nonresidential structure is constructed within 100 feet of a single family detached or attached structure on an adjacent lot, the new multifamily or nonresidential structure shall meet one of the following criteria: A. It shall not extend upward through a bulk plane beginning on the nearest lot line of the adjacent residential structure and extending upward at an angle of 45 degrees over the multifamily residential or nonresidential lot. B. Alternately, the new multifamily or nonresidential structure may be constructed to a height no taller than the adjacent existing single-family structure. 17

BULK PLANE OPTION 2 Option 2: 45 degree bulk plane begins 6 ft. above the zoning district boundary. Residential District Building in Residential, Mixed-Use or Commercial District Zoning District Boundary Line 18

BULK PLANE OPTION 3 Option 3: New buildings cannot exceed maximum building height of adjacent residential district within a 75 ft. transition zone from zoning district boundary. 19

SHORT-TERM RENTALS 20

SHORT-TERM RENTALS To gauge community s response: SpeakUp Arvada survey and quick poll, generally 70% in favor (197 responses) Council directed Short-Term Focus Group be established Focus Group met on October 9 th and November 1 st and developed proposal Do you think that short-term rentals (i.e., rentals less than 30 days) should be allowed in single-family residential areas in Arvada, unless excluded by HOA rules? 22

PROPOSAL FOR ARVADA STR Guiding Principles Protect neighborhoods while accommodating an existing and desired activity in residential zoning districts Licensing to ensure short-term rental accommodations are good neighbors and provide for a fair operating environment with hotels and other lodging providers Property owners who are present provide greater oversight to short-term rentals in contrast to properties not occupied by owners 23

PROPOSAL FOR ARVADA STR STR Proposal Allow STRs as an accessory use in all residential zone districts with: Property owner must reside on site License required; Limit of one per property. For example: STR for either the principal residence, an ADU, or guest house One side of a duplex, providing that the owner lives in the other part of the duplex Can only be rented to one party at a time 1 additional off-street parking space is required 24

PROPOSAL FOR ARVADA STR Not allow STR in current PUD mixed-use zoning district Apartment buildings: Only the property owner may operate a STR (based on one STR per property) Renters cannot operate a STR Rental of a whole house would not be allowed (no owner present) 25

PROPOSAL FOR ARVADA STR LICENSE Requirements: Proof of primary residence Must identify which portions of the dwelling unit or property to be used for STR Must meet parking requirements Must self-certify that meets all applicable codes and safety standards (The unit may be inspected based on complaints.) Proof of liability insurance (usually up to $500,000) License not transferable and terminates on sale of property License to be used in all rental marketing materials and displayed in unit Permit can be revoked for cause 26

COMMENTS AND QUESTIONS FROM STR FOCUS GROUP 1. Property owner must reside on site. Can this be a long-term renter with a formal agreement from owner? 2. Can only be rented to one party at a time. (This is a fairly typical requirement in other cities.) Can more than one party have a reservation at a time? 3. Rental of a whole house would not be allowed (no owner present). (Focus group commented this could allow absentee landlords / investors. Colorado Springs has taken this approach. Fort Collins and Golden limit this STR type to mixed-use and commercial districts. However, exception would be for on-site owner to leave for vacations, etc. and require property manager.) Should the whole house be available for short-term rentals? 27

FOLLOW-UP INFORMATION 28

ACCESSORY DWELLING UNITS Appearance Council requested photos to assess the visual impacts of ADUs 8 Type A ADUs in Arvada (detached and separate dwelling, can be rented) 29

5335 GARRISON ST. 30

5708 ZEPHYR ST. 31

5612 ZEPHYR ST. ADU over detached garage, alley access 32

5767 FALK COURT 33

6825 EATON ST. 34

7595 LEWIS ST. 35

7707 W 64 ST. 36

APPEARANCE Detached ADUs typically not visible from street Possible specific solutions for corner lots to address appearance (could apply to all lots): Limit maximum ADU height to 2 feet less than primary dwelling, or maximum height of 16 feet (unless located above a detached garage) Locate ADU minimum of 5 feet behind setback and front facade of house, and require screening fence or hedge, also narrowest frontage to face street Require similar exterior finish materials, roof pitch and color to primary dwelling Prepare design guidelines and best practices guide OR - Prohibit ADUs on corner lots 37

ACCESSORY DWELLING UNITS Deed Restriction Currently: ADU cannot be sold separately, and lot cannot be subdivided ADU cannot be increased in size Property owner must live in either the principal dwelling unit or the ADU 38

ACCESSORY DWELLING UNITS Cities with deed restrictions: Golden, Lakewood, Thornton, Windsor, Boulder, Castle Rock Cities without deed restrictions: Longmont, Fort Collins, Loveland, Denver, Colorado Springs Other approach: Durango requires affidavit on owner occupancy submitted to City in every oddnumbered year Englewood requires annual verification of owner occupancy in either principal unit or ADU (ordinance currently in approval process) Pros Deters absentee investors, thereby maintaining single-family neighborhood character Cons Time consuming process to remove or amend restriction if code is modified 39

EXPANDED BUSINESS USE OF THE HOME Uses to be specified in new LDC Many cities allow use of accessory structure, garage - while parking requirements still met, ADUs (Douglas Co., Wheat Ridge, Longmont) Options: Exclude garage but allow in accessory building and ADU Limit to one nonresident employee Allow more than one home occupation within dwelling or accessory building Limit to no more than 3 customers or clients at any one time (Golden) Limits on ancillary retail, delivery, and traffic impact Prohibit repair of equipment having a combustion engine Limit glare, noise, etc. No outdoor storage. Some communities limit storage area size. 40

NEIGHBORHOOD CONSERVATION STRATEGIES Buildings heights in approx. 7,000 SF single-family districts in other cities: Fort Collins: - Low Density (min. 6,000 SF lots): max. 28 ft. - Neighborhood Conservation district: 2 stories, 1½ stories for ADUs Westminster: max. 25 ft., 15 ft. for accessory lots Lafayette: max. 27 ft., 16 ft. for accessory structure Louisville: max. 27 ft. on estate lots, 27 or 35 ft. for 7,000 SF lots Denver: (suburban district) max. 30 ft., 2.5 stories Golden: max. 30 ft., 20 for accessory structure Greeley: max. 30 ft. Boulder: max. 35 ft., 20 ft. for accessory structure Aurora: max. 35 ft. Wheat Ridge: max. 35. ft., 15 ft. for accessory structure Thornton: max. 35 ft., 16 ft. for accessory structure 41

NEXT STEPS 42

NEXT STEPS Community Open House #3, Code Module 2 cont d Thursday, November 29, 6:00 8:00 p.m. Advisory Committee, Code Module 3 Thursday, December 6, 6:00 8:00 p.m. City Council / Planning Commission Workshop, Code Module 2 January 14, 2019 City Council / Planning Commission Workshop, Code Module 3 March 25, 2019 Community Open House #4, Code Module 3 April / May, 2019 43

CONTINUED PUBLIC OUTREACH AND ENGAGEMENT Community open houses Website AdvanceArvada.org Social media and newsletters 44

Questions? 45

REPORT TO CITY COUNCIL AGENDA ITEM 2.B. TO: THE HONORABLE CITY COUNCIL DATE: November 12, 2018 SUBJECT: Staff Updates Report in Brief The purpose of this workshop is for staff to provide City Council with brief updates on projects and issues that do not require a full workshop. Prepared by: Janet Newman, Administrative Specialist Enclosure, exhibits & attachments required to support the report