AURORA UNIFIED DEVELOPMENT ORDINANCE SUMMARY OF MAJOR CHANGES MAY 2018

AURORA UNIFIED DEVELOPMENT ORDINANCE SUMMARY OF MAJOR CHANGES MAY 2018 Background Since early 2014, the City of Aurora has been working with Clarion Associates and Winter and Company to develop a new Unified Development Ordinance (UDO). The UDO will integrate and update Aurora s zoning, subdivision, and land development controls. Broad public and stakeholder outreach has continued, with input from many residents, business owners, developers, the Planning and Zoning Commission, and City Council has been incorporated throughout the process. Because the UDO is a long document that addresses many topics, we have prepared the following summary of the most significant proposed changes from the current Aurora regulations. Where noted, references to page numbers correspond to the March 2018 footnoted version of the UDO. Ordinance Structure Reorganized One fundamental difference in the new UDO is the reorganization and integration of land-related regulations. The new UDO consolidates all related information into six articles with logical titles, summarized below. Throughout the document, regulations related to zoning and subdivision are integrated. This much simpler structure will make it much easier for citizens and business customers to find the answers they need. The UDO structure is as follows: Article 1: General Provisions Article 2: Zone Districts Article 3: Use Regulations Article 4: Development Standards Article 5: Zoning and Subdivision Procedures Article 6: Definitions and Rules of Construction Menu of Zoning Districts Simplified The menu of zoning districts in Aurora was reduced from 48 base districts, some of which had several subareas, to 20 base districts. In addition, the number of overlay districts or locationspecific standards was reduced from 14 to 8 (Page 5). To accomplish this significant reduction in the number of districts, many of the current districts were consolidated with similar districts to create a more standardized set of regulations that will also be easier for the city to administer. Finally, some new districts were created, such as the Parks and Open Space district. The summary table below shows the districts that exist currently and the new districts created by the UDO. 1

Table 2.2-1 Summary Table of Zone Districts Current Aurora Zone Districts Proposed Aurora Zone Districts Residential Districts Residential Districts R-A, Residential Agricultural R-R, Rural Residential R-E, Low Density Single-Family Residential Eliminated, per footnote from 1975. R-O, Low Density Single-Family Residential R-1, Low Density Single-Family Residential E-470 (Low-Density Residential Subarea) E-470 (Reservoir Density Residential Subarea) R-1A, Medium Density Single-Family Attached Residential R-2, Medium Density Residential R-2M, Medium Density Multiple-Family Residential R-1, Low-Density Single-Family Residential (Now includes E-470 low and reservoir density residential) Eliminated - Consolidated with R-1 R-2, Medium-Density Residential R-3, Medium Density Multiple-Family Residential R-3, Medium-Density Multifamily Residential R-3MH, High Density Multiple-Family Residential Eliminated, per footnote from 1985. R-4, High Density Multiple-Family Residential R-4, High-Density Residential R-4H, High Density Multiple-Family Residential Eliminated, per footnote from 1985. R-5, High Density Multiple-Family Residential Eliminated, per footnote from 1975. M-H, Mobile Home P-MH, Mobile Home Park R-MH, Manufactured Home Park Business and Office Zone Districts Mixed-Use Zone Districts NAC areas in E-470 and NEP districts A-O, Administrative Office C-O, Commercial Office B-1, Retail Business B-3, Highway Service B-4, Business And Commercial CAC areas in E-40 and NEP districts B-2, Central Business Mixed-Use and Non-Residential Districts Fitzsimons Boundary Area (FBAD) Sustainable Infill and Redevelopment (SIR) City Center P-1, Parking MU-N, Mixed-Use Neighborhood District (New District) MU-OI, Mixed-Use Office/Institutional MU-C, Mixed-Use Corridor MU-OA, Mixed-Use Original Aurora (Includes Main Street Sub-district and General Sub-district) MU-FB, Mixed-Use Fitzsimons Boundary Eliminated standards included in MU-C for Subarea A Eliminated will be included in development standards Eliminated will be included in development standards. MU-TOD, Mixed-Use Transit-Oriented Development Transit-oriented Development (TOD) (Incudes Core Sub-district and Edge Sub-district) E-470 Regional Activity Center subarea MU-R, Mixed-Use Regional Activity Center (New District) E-470 (Medium Density Residential Subarea) NE Plains (Medium Density Residential Subarea) E-470 (Airport Corporate Subarea) MU-A, Mixed-Use Airport NE Plains (I-70 Corridor Subarea) Industrial Districts Non-Residential Districts M-0, Industrial Office M-1, Light Industrial I-1, Business/Tech District M-2, Medium Industrial District M-3, Heavy Industrial District I-2, Medium Industrial District E-470 (Airport Distribution Subarea) E-470 (Buckley Research & Development Subarea) AD, Airport District NE Plains (Front Range Airport Subarea) E-470 Regional Retail/Commercial Subarea Eliminated / will be remapped E-470 (Light Industrial/Flex Office Subarea) Eliminated / will be remapped E-470 (Recreation/Entertainment Subarea) Eliminated / will be remapped NE Plains (General Subarea) Eliminated / will be remapped APZ, Airport Protection Zone (New District) Natural Resource Districts -- A, Agricultural Eliminated O, Open POS Park and Open Space 2

Table 2.2-1 Summary Table of Zone Districts Current Aurora Zone Districts Proposed Aurora Zone Districts NA, Natural Area Overlay or Other Zone Districts Overlay Zone Districts Chapter 70, Aurora City Code (-FPO) Flood Protection Overlay District Buckley Air Force Base District General Aviation Airport Influence District: Centennial Airport, Front Range Airport (-AIO) Airport Influence Overlay District Airport Influence District of Denver International Airport Airport Boulevard Overlay District Eliminated Colfax Mainstreet Overlay District Eliminated consolidated into Mixed-Use Districts. Business Redevelopment District Eliminated consolidated into Mixed-Use Districts. Industrial View Corridors Eliminated Commercial Mineral Deposits (-CMO) Commercial Mineral Overlay District (-CPO) City Parks Overlay District Lowry Landfill Eliminated addressed in development standards. Height Overlay District Mountain View District (-HVO) Height and View Overlay District Havana Street Overlay District (-HSO) Havana Street Overlay District Chapter 146, Title 19 (-HPO) Historic Preservation Overlay District (-NAO) Natural Area Overlay District Planned Development Districts Planned Development Districts Planned Development District (PD) PD, Planned Development District Planned Community Zone District (PCZD) Eliminated, per Ordinance No. 2001-72. Basic information about each of the base zoning districts is shown in a two-page format, including a purpose statement, cross-references to other applicable UDO sections, dimensional standards, and other district-specific standards. An example of a district format is shown below: 3

Development Standards Tailored to Three Distinct Eras of Development The UDO has been tailored to reflect differences between three distinct eras of development in Aurora. Many of the standards in the new UDO differ based on whether the property is located in Subarea A, B, or C. Subarea A includes the oldest areas of the city, Subarea B accounts for those areas generally developed since 1960, and Subarea C consists of the raw land areas that have not been developed. This approach helps implement Aurora s goal of promoting quality redevelopment in older areas while allowing flexibility in raw land areas where development patterns are less certain. In particular, the older areas of Aurora are platted and developed differently than newer areas and need different development standards to encourage quality redevelopment (Page 7). The different development standards in Subareas A, B, and C affect requirements like building setbacks, lot frontage, and maximum height. New Approach to Raw Land Development Areas The new UDO also presents a new approach to raw land development areas in Aurora. The 13 former subareas in the E-470 and Northeast Plains zone districts have been removed and replaced by standard zone districts that are used in other areas of Aurora, but are subject to different development standards specific to what is now called Subarea C. Master plans and site plans in Subarea C will be approved administratively if they are in compliance with the Code, parent documents and there are no hot-button issues. In the updated UDO, property owners in Subarea C retain the ability to do mixed-use development by-right in these areas. While most of these lands are initially zoned in the R-2 zone district, the owner has the ability to designate small- and medium-sized mixed-use centers to serve residential development without a rezoning (Page 13). These neighborhood and community serving activity centers must comply with the permitted and conditional uses and the dimensional standards applicable to the MU-N or MU-C zone districts, depending on their location. Unlike the current E- 470 and Northeast Plains districts, this new approach will authorize Planning and Development Services Department staff to update the zoning map to reflect the designated mixed use centers (even though they may change in the future), so that the public has notice of these designations. Consolidated and Updated Lists of Permitted and Conditional Uses The lists of permitted and conditional uses available in each zone district have been simplified, updated, and summarized in easy-to-use tables for citizens, property owners, and investors to find answers more quickly. Many new uses have been added, including urban agriculture, temporary event or sales, and short-term rentals. The new UDO also introduces several new market-responsive housing types, such as co-housing, cottage housing, green court housing, and 4

tiny houses, to respond to current and potential future City Council housing policies. A portion of the permitted use table is shown below: Table 3.2-1 Aurora Permitted Use Table P = Permitted C = Conditional use A = Accessory to primary use T = Temporary use V =Permitted if structure vacant for 10 years or more ZONE DISTRICT RESIDENTIAL MIXED-USE NON-RESIDENTIAL USE SPECIFIC STANDARD MU-OA MU-TOD Land Use R-R R-1 R-2 R-3 R-4 R-MH MU-N MU-OI MU-C Main Street General MU-FB Core Edge MU-R MU-A AD APZ I-1 I-2 POS RESIDENTIAL USES 3.3.2.A Household Living Dwelling, co-housing development C P C C P 3.3.2.B Dwelling, cottage development C C C 3.3.2.C Dwelling, green court P P P 3.3.2.D Dwelling, live/work P P P P P P P P P P P P 3.3.2.E Dwelling, multifamily P P P P P P P P P P P P P 3.3.2.F Many similar uses were consolidated, such as the office use, which includes eight previously separate land uses, and the indoor recreation and entertainment, which includes seven previous land uses. The new heavy manufacturing use also now encompasses the current multitude of types of manufacturing with potentially significant impacts. Standards, conditions, and limitations on specific uses in some locations (which are called usespecific standards in the UDO) were also significantly revised. For example, strict limits on threestory walk-ups residential uses have been incorporated; exterior stairs leading to residential dwelling units are prohibited unless the building has street-fronting commercial space. Standards for accessory dwelling units have also been revised to include design standards, to distinguish between attached and detached units, and to clarify that accessory dwelling units are only permitted on residential lots served by alleys. Additional standards for gas stations will reduce their impact on surrounding areas. New use-specific standards have also been developed for many new uses, such as urban agriculture and community gardens. Quality of Development Standards Improved The development standards were thoroughly updated throughout the UDO (Page 173). All subdivision standards are now included in the UDO, rather than being located in a separate part of the City Code. Lot access and connectivity standards are consolidated to better promote walkability and efficient access, and to reduce the length of driving trips in future developments. Landscaping, buffering, and screening standards were reorganized and up-dated to better integrate stormwater manage-ment standards and principles low impact design (Page 239). The building design and material standards for multi-family, commercial, mixed-use, and industrial buildings were consolidated and upgraded. Standards for building orientation and spacing, 5

building massing and articulation, building materials, four-sided building design, roof design, and screening of rooftop equipment are all located in one part of the UDO. Some examples of building design standards are shown below. Table 4.8-4 Vertical Articulation Methods for Base, Middle, and Cap of Buildings Vertical Articulation Methods for Base a. Use of heavy material on ground floor Use masonry such as brick or stone, or other durable material to delineate the ground floor. b. Horizontal reveal line at base A horizontal reveal line a minimum of 24 in. from the ground. Protection of Residential Neighborhoods Improved Standards have also been incorporated to better protect residential neighborhoods from potential negative impacts when non-residential and higher-intensity multi-family residential zone districts are located next to lower-intensity residential zone districts (Page 203). Additional restrictions were established for building height, setbacks, outdoor lighting height, drive-through lanes, buffering and screening, and noise, and those standards were tailored to reflect the different contexts of Subareas A, B, and C. In addition, the UDO now requires a neighborhood meeting prior to submittal of major development applications (Page 361). This First Review Neighborhood Meeting is required for major site plans, conditional uses, preliminary plats, master plans, and zoning map amendments. This meeting will allow for an early opportunity for nearby residents and property owners to learn about a project and provide their comments and concerns to an applicant. These standards were also tailored for Subareas A, B, and C. Review and Approval Procedures Illustrated Aurora s development application review and approval procedures were consolidated, updated, and graphically illustrated. At the start of this chapter, a helpful table identifies which departments or appointed or elected bodies will review each type of application. Although earlier drafts of the UDO suggested that all floodplain standards and review and approval procedures would be included in this section, those standards and procedures now remain outside the UDO in Article 70 of the Aurora City Code. A portion of the summary table of review procedures is shown below: 6

Table 5.2-1 Summary Table of Procedures = Required R=Review D= Decision A=Appeal C=Call-up < > = Public Hearing Required Development Applications Sec 5.4- Published Notice Required Mailed Posted City Website Meeting Required First Review Neighborhood Minor Development Application 1.B D Historic Landmark/District Development Application Director Review, Decision, and Appeal Authority Adjustment and Appeals Historic Preservation 1.C D R Minor Site Plan 1.D D Major Site Plan 1.D R <D> Conditional Use 1.E R <D> Planning and Zoning Commission City Council Review and Approval Procedures Refined Aurora s application review and approval procedures have been modified several times through the process of rewriting the UDO. Importantly, three changes proposed by the consultant team and disfavored by City Council have been removed. A proposal that restricted City Council call-up has been removed. The current requirement that a City Council call-up requires a majority vote has been carried forward unchanged in the UDO. A proposal that City Council call-ups could only occur after review or action by the Planning and Zoning Commission (or other body that would have made the decision in the absence of call-up) has also been removed. A proposal to have appeals of staff decisions heard by a zoning hearing officer rather than the City Council has been deleted, leaving the process unchanged from the current zoning ordinance. In cases where the Planning Director is authorized to make a decision on an application, but the Director determines that the application is unusually complex or raises potentially unique or serious impacts to the City or surrounding neighborhoods, the Director may refer the application to the Planning and Zoning Commission for a decision. The decision to refer an application to the Planning and Zoning Commission is based on the Planning Director s specific expertise and knowledge about potential issues. The UDO does not provide prescriptive criteria because issues will be unique and specific to a particular application. The subdivision process was also modified. Minor subdivisions, final plats, and vacations of plats are approved by the Planning Director, while preliminary plats and vacations of public right-of-way are decided upon by the Planning and Zoning Commission (after review by the Planning Director). Other processes were refined as well. For example, a two-tiered system for Site Plan Review has been introduced. Minor site plans will be approved by staff rather than the Planning & Zoning Commission (Page 382), which will streamline the city s approval process for smaller developments that comply with the UDO. Major site plans for larger projects will be heard at the Planning and Zoning Commission as they are under the current regulations (Page 383). The 7

differences between minor and major site plans have been tailored to reflect the additional flexibility necessary for raw lands in Subarea C. These thresholds are summarized below: Minor site plans (Planning Director Approval) o In older/developed areas (Subareas A and B) 6 or fewer dwelling units Under 10,000 s.f. multi-family, nonresidential, mixed-use Industrial primary uses near Residential zone districts Redevelopment plans o In newer/raw land areas (Subarea C) 25 or fewer dwelling units Under 50,000 s.f. new commercial, mixed-use, civic, institutional Expansion under 25,000 s.f. existing multi-family, non-residential, mixed use Industrial primary uses near Residential zone districts Redevelopment plans Major site plans (Planning and Zoning Commission Approval) o Everything not meeting minor site plan eligibility The criteria for decisions on all applications considered by the Planning and Zoning Commission and the Board of Adjustment have also been made shorter, clearer, less repetitive, and more objective. Waiver Practices Replaced by New Adjustment Procedures The new UDO includes a table of allowable administrative adjustments that lists which standards can be adjusted by Ordinance Standard the Planning Director, and by how much, based on unique lot or development constraints (Page 396). These now allow Maximum building height Minimum open space minor adjustments to standards such as setbacks, lot coverage, sign standards, or others, on individual lots (see table below). Larger deviations from the development standards, called Major Adjustments, can be approved by the Planning and Zoning Commission if they Additional for Signs Maximum number of signs meet more objective criteria in the UDO (Page 339). These new procedures limit the Planning Director s current wide Replacement Program authority to approve waivers (as requested by many citizens), and should 106 Article 3 produce more predictable decisions. These decisions of the Planning and Zoning Commission are still appealable to the City Council. Table 5.4-1 Administrative Adjustments All Permits and Approvals Maximum or minimum building setbacks 10% Maximum lot coverage 10% Amount of Variation Permitted from Ordinance Standard 5% in Residential districts; 10% in other districts 5% in Residential districts; 10% in other districts Maximum height of fence or wall 10% Minimum off-street parking required or 5% in Residential districts; maximum off-street parking permitted 10% in other districts Additional for Redevelopment Plans Any development standard in Article 146-5 Maximum total sign area 10% 1 additional sign Additional for Fences Location, setback, or height of fences constructed under the Neighborhood Fence Additional for Existing Single-Family Property Setbacks 10% Fences 10% Other property issues identified in Section The minimum amount needed to allow redevelopment of the property given the location of lawfully existing buildings and structures that will remain after redevelopment. As necessary to allow the replacement fence to comply with requirements of the Neighborhood Fence Replacement Program 10% Additional for Subarea C Mixed Residential Developments Any dispersal standard 10% 8

Incentives for Affordable Housing Several new provisions were incorporated into the UDO to incentivize production of affordable housing. For example, affordable housing is subject to lower parking requirements, is exempted from some building design requirements in some cases, and is subject to reduced design standards in other cases. In addition, building height incentives have been added for buildings incorporating affordable housing in some mixed-use districts. Height incentives are also available for affordable housing in the R3 and R4 districts if the building is located a certain distance from lower density Residential zone districts. Updated Touch Rule Currently, Aurora applies an informal (but undefined) Touch Rule in a few older areas of the city. The city interprets the Touch Rule to mean that redevelopment projects only need to meet site and building design standards for areas of the site or building that they touch (and not the entire site or building). In the UDO, the Touch Rule has been defined added and made generally applicable to building expansion projects (Page 473) throughout the city, which should promote reinvestment in older properties. The new definition uses a sliding scale of exemptions and compliance based on the level of investment. Small expansions of existing buildings are exempt, and higher levels of investment to modify more of the existing building require higher levels of compliance. Conditional Use Planning Director Review P Planning and Zoning Commission Decision Appeal to City Council Indicates Public Hearing Required P P Readability, Graphics, and Definitions The new UDO has significantly more graphics, flowcharts, and tables to improve readability and user-friendliness. This results in less repetition of text, as the graphics can be referenced throughout the document. Tables and charts are found throughout the UDO to summarize complex information in a simple, straightforward way. Flowcharts help to illustrate the steps in various processes. Numerous illustrations show the intent of the city s landscaping, screening, buffering, and building design requirements. Many new definitions were added and current definitions were clarified (Page 421). All land uses and use categories have been defined and existing land use definitions have been revised for clarity. Two Sections Still in Progress The Mixed-Use Original Aurora (MU-OA) district is still under discussion, so the text in this version of the UDO is only preliminary and has not been updated since previous drafts (Page 32). In addition, the Subarea C standards for clustered small lot development, standard residential lot size, and associated development standards have not been updated since previous drafts as they are still in the process of discussion and revision (Page 184). If new regulations in these two areas are adopted by City Council before adoption of the UDO, the approved standards and requirements will be integrated into the UDO. 9