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File #: ID# 20-008    Name:
Type: Report Status: Study Session Item
File created: 12/30/2019 In control: City Council
On agenda: 1/7/2020 Final action:
Title: Downtown Development Regulatory Options
Attachments: 1. 1. Draft Ordinance_Moratorium on New Development, 2. 2. Exhibit A to Draft Ordinance_Moratorium on New Development, 3. 3. Draft Ordinance_Moratorium on Auto Oriented Uses, 4. 4. Exhibit A to Draft Ordinance_Moratorium on Auto Oriented Uses, 5. 5. Exhibit B to Draft Ordinance_Moratorium on Auto Oriented Uses, 6. 6. Proposed Code Changes, 7. 7. Proposed Design Standards Updates, 8. 8. Proposed Operating Standards Updates, 9. 9. Staff Presentation
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Agenda Date: 01/07/2020

 

Subject:

Title

Downtown Development Regulatory Options

Body

 

Prepared By:

Jennifer Q. Henninger AICP, Community Development Director

 

PURPOSE:

Staff is seeking city council direction on an implementation strategy of phased regulations specific to Downtown Littleton development. 

 

PRESENTATIONS:

                     Staff Presenters:                                           Jennifer Henninger, Community Development Director;

                                                                                                         Mike Sutherland, Deputy Director

                     Additional Presenters:                     N/A

 

SUMMARY:

Since the adoption of the Comprehensive Plan in October of 2019, staff has identified the policies and goals that specifically apply to downtown development. Currently there are inconsistencies between the Comprehensive Plan and the City’s code which will lead to conflicts and interpretation challenges when it comes to downtown development. 

 

These types of conflicts can start to be addressed with modifications to public engagement requirements, inconsistent allowed uses, lot-development regulations, height and parking regulations.  These conflicts should be addressed as a Phase 1 approach prior to the formal adoption of a new Unified Land Use Code, which is not anticipated to occur until mid-2021. 

 

After the December 10, 2019 study session, staff drafted several proposed Phase 1 changes to address the conflicts as set forth above that include changes to the Littleton City Code, the Downtown Littleton Design Standards, as well as administrative operating standards.  Summaries of the proposed changes are attached.

 

PRIOR ACTIONS OR DISCUSSIONS:

                     During the Comprehensive Plan outreach process, staff received questions and concerns regarding how development would be reviewed between the adoption of the Plan and the adoption of a new Unified Land Use Code

                     Kendig Keast Collaberative (KKC) put together a post-adoption memo that outlines high-priority areas for the City and identified the need to address downtown immediately

                     The draft scope of work for Unified Land Use Code starts with downtown

                     At the December 10, 2019 Study Session - Council confirmed key areas of conflict and directed staff to return with additional detail on phased regulations to mitigate conflicts

 

ANALYSIS:

Staff Analysis

Over the past several years, 22 of the 23 development applications received for the downtown area have involved multi-family development.  Additionally, when analyzing the types of uses that are currently allowed in downtown, there are a number of auto-oriented commercial uses allowed by current code which may not be consistent or compatible with many of the goals and policies set forth in the Comprehensive Plan such as pedestrian active uses, making the city more walkable, and encouraging mixed use. 

 

When analyzing the conflicts between the Comprehensive Plan and the City’s zoning codes, staff identified 10 proposed changes to the city code, 10 proposed changes to the design standards, and eight proposed changes to the administrative operating standards.  Each of the proposed changes has varying scope and impact.  Staff is recommending separate study sessions to discuss the proposed changes, scope, and impact in greater detail. 

 

Staff believes two separate 90-day moratoriums are necessary given the development activity concerning multi-family and auto-oriented uses, which may be inconsistent with various provisions within the City’s Comprehensive Plan, operating standards and the design standards:

 

                     The first would address development which includes more than one residential unit

                     The second would include development that is considered auto-oriented.

Staff believes the two 90-day moratoriums running concurrently would allow staff, council, and the public more time to review and understand recommended Phase I changes before implementation. This approach would also allow staff to focus on future changes to the City’s zoning regulations rather than the review of downtown development applications which may be inconsistent with the Comprehensive Plan.

 

The added advantage of this approach is that the code portion of this Phase I would be on February 11, which is the same date when KKC will be present to kickoff the larger code update process. KKC could participate in the discussion as needed.

 

                     Schedule:

o                     Moratorium First and Second Readings - 1/21 & 2/4

o                     Planning Commission Study Sessions (5)

§                     1/13 introduction

§                     1/27 codes

§                     2/10 design standards

§                     2/24 operating standards

§                     3/8 optional

o                     Council Study Sessions (3)

§                     1/14 codes

§                     2/11 design standards (KKC present to kickoff the larger code process)

§                     3/10 finalize phase 1 changes

o                     Planning Commission Public Hearings - 4/13  

o                     First and Second Readings + resolution for design standards - 5/5 and 5/19

 

Council Goal, Objective, and/or Guiding Principle

One of Council’s 2019 goals was to update the code extending into 2020.  This discussion item is directly related to the code update goal and relates to the Envision Littleton objective.

 

Fiscal Impacts

None.  Discussion item only.  Depending on outcomes, staff will prepare a fiscal impact analysis for alternatives as necessary.

 

Alternatives

 

1)                     No moratorium and proceed toward a March adoption of Phase I code, design standards, and operating standard changes:

                     Schedule:

o                     Potential Special Study Sessions - Thursday 1/16 Council, 1/13 and 1/27 Planning Commission

o                     First Reading - 2/18

o                     Second Reading - 3/3

 

                     Risk:  potential downtown development applications being submitted between now and then that are inconsistent with the City’s Comprehensive Plan. Staff does not believe this compressed approach for such a complex set of issues would be fair to our citizen engagement commitment as well as effective use of council time.

 

2)                     Continue business as usual until all Unified Land Use Codes are finalized in 2021

                     Risk: potential downtown development applications being submitted between now and then that are inconsistent with the City’s Comprehensive Plan. This alternative has the greatest potential of allowing development to occur that is in conflict with the Comp Plan and the expectations of our community.

 

STAFF RECOMMENDATION:

Pursue two separate 90-day moratoriums running concurrently, allowing time for review, public engagement, and refinement of recommended Phase I changes.