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Saturday, April 6, 2013

F.A.Q. - Frequently Asked Questions Regarding the Good Neighbor Ordinance

Q: What changes does Ordinance 003 make to the existing rules regarding new building in residential Old Town?

Q: What process was used to come up with these changes?

Q: How will this new ordinance affect houses that have already been built?

Q: Why do you refer to Ordinance 033-2013 as the "Good Neighbor Ordinance"?

Q: Does the ordinance require me to take my house remodel or new construction plans before the Landmark Preservation Board?

Q. How can I get more information about architectural designs that fit in with the Old Town neighborhoods?

Q: How can I learn more or have questions about my specific remodeling needs answered?



Q: What changes does Ordinance 003 make to the existing rules regarding new building in residential Old Town?
A: The only way to know exactly what all of the new changes are and what they say is to read the ordinance (pdf). But the summary that is listed on the first page of the ordinance reads:
1. Expand the existing notification distance for some Zoning Board of Appeals variance requests;
2. Revise the existing Floor Area Ratio (FAR) standards using a new formula to lower the largest allowable house sizes, and adjust the method for calculating allowable floor area;
3. Adjust the method for measuring the height of a new wall along a side lot line;
4. Incorporate a new solar access standard; and
5. Incorporate new design standards with a menu of options for front and side building façade features
In laymen's terms: 1. If someone wants to do something that isn't allowed under the rules so they request a variance, more people will be alerted to the variance request than used to be alerted under the old rules. 2. Under current rules, the larger the lot the house is on, the larger the house can be. The new rules will slightly reduce the size of the largest of these large lot houses. 3. If a bunch of dirt is piled up and the new house is put on that, the wall height still will be measured from where the ground used to be, not from where it has been built up to. 4. Houses on the north side of new buildings receive some protection from being shadowed all winter. 5. Some houses will have to incorporate things like front porches or other design styles to help keep the house in character with surrounding houses.

Q: What process was used to come up with these changes?
A: In the city council work session held on July 24, 2012, the goal for the Eastside/Westside study was stated as being to,
"Identify mutually agreeable solutions and tools to help retain and enhance the unique character and context of the neighborhoods as they continue to change with renovations, additions, and new housing construction."
As the staff member explained to the council at that meeting, "The intent was to take a step back and reset a broader discussion [than the 2010/2011 discussion] of neighborhood character with a more participatory approach, so we're looking at something beyond size." Note that discussing size was not off the table, but the council wanted more neighborhood input and wanted more areas of consideration to be addressed besides only size.

The council hired consultants who ran six neighborhood meetings over a period of 6 months and provided multiple neighborhood surveys (both at meetings and online). Some meetings were held in two different locations and at two different times to enable more people to attend. Postcards were mailed out to residents inviting them to meetings, and when possible, email alerts were used to get the word out about meetings and surveys. Meetings were open to anyone, whether the participants lived in Old Town or not. The goal was to cast a broad net, collecting input from as much of the community as possible.

Q: How will this new ordinance affect houses that have already been built?
A: It won't. Any house that is already built is grandfathered in. That means it can remain as is without any changes being made.

Q: Why do you refer to Ordinance 033-2013 as the "Good Neighbor Ordinance"?
A: The city council only looked into modifying the building codes within residential Old Town because of the number of citizens who complained about the situation. Something was clearly amiss and the goal of the study was to determine what the problems were and develop protections within the code that would keep the negative affects of new building to a minimum.

When the consultants gathered information from those who filled out the online survey and attended the July 2012 meetings, they found that though a percentage of individuals felt there were no problems, there was a sufficient number of people who felt otherwise that they believed a continued study was warranted, specifically in terms of lost solar access, lost privacy, and a loss of the nature and character of the neighborhoods. The council agreed that the study should continue and should try to address those problems.

As the consultants developed possible safeguards that could be put into place, they brought these possible solutions back to the community (which included not only residents but also builders and developers) for additional feedback. Ordinance 033, therefore, was not only created through repeated interaction with the community, but it was created with the specific goal of protecting citizens' rights in Old Town. It allows for residents to add on to their houses or scrape an old house and build a new one in it's place, but it requires new building to take the property rights of the neighbors into consideration.

Q: Does the ordinance require me to take my house remodel or new construction plans before the Landmark Preservation Board?
A: No, Ordinance 033 carries no such requirement. However, there is already a rule in place that requires any building over 50 years old to first undergo a historic review. Even if Ordinance 033 is repealed, this stipulation will still be in place, not only in Old Town, but anywhere in the city of Fort Collins where a building is 50 years old or older.

Q. How can I get more information about architectural designs that fit in with the Old Town neighborhoods?
A. The city has a free voluntary Design Assistance Program you can sign up for at 970-224-6078. It will help homeowners receive design advice from approved local professionals who have demonstrated through previous work a sensitivity to historic design. The program aims to noticeably enhance neighborhood compatibility  through the design assistance of experienced professionals with success in context-sensitive historic design.

Q: How can I learn more or have questions about my specific remodeling needs answered?
A: Contact the senior city planner, Pete Wray at 970-221-6754 or by email at pwray(at)fcgov.com or get more information through the city website at fcgov.com/advanceplanning/eastwestneighborhoods.

Sources:
Ordinance 033 - 2013
Overview of Potential Mass and Scale Standards, Eastside and Westside Neighborhoods Character Study, Open House Draft, January 29, 2013

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