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CITY OF LAFAYETTE RESOLUTION NO. 2006-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, ADOPTING MANDATORY AND ASPIRATIONAL STANDARDS FOR MIXED USE BUILDING COMPLEXES PURSUANT TO LAFAYETTE CODE SECTION 26-18-5. WHEREAS, by Code § 26-18-5, the Lafayette City Council established review criteria for mixed use building complex planned unit development projects; and WHEREAS, it was the intent of Code § 26-18-5 that the review criteria set forth therein should govern the City's approval of mixed use building complex planned unit development projects within the City of Lafayette; and WHEREAS, said Code section provides that, upon recommendation of the Planning Commission, the City Council shall adopt, by resolution, both mandatory and aspirational standards by which a proposed mixed use building planned unit development's ability to fulfill the criteria set forth in the Code shall be measured; and WHEREAS, the Planning Commission has recommended adoption of the following standards; and WHEREAS, in adopting such standards, the City Council has endeavored to recognize and incorporate those standards that the City has been using since the adoption of Section 26-18-5 to judge proposed developments’ compliance with the criteria set forth in said section; and WHEREAS, staff will work with all applicants applying for Planned Unit Developments to insure that the applicant is aware of and understands how important both the mandatory and aspirational standards, as specified in this resolution, are to the City of Lafayette; and WHEREAS, on June 3, 2001, the City Council approved Ordinance 14, Series 2003 adopting inclusionary zoning; and WHEREAS, on February 21, 2006 the City Council approved Ordinance 01, Series 2006 amending the formula for measuring building height. WHEREAS, the City Council has therefore determined that it is necessary and appropriate to adopt the mandatory and aspirational standards set forth below. ---PAGE BREAK--- Resolution 2006-51 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1.0 Water and Sewer. Code Section 26-18-5(c)(1) provides that "the city shall have a projected capacity to serve fully all subdivided lots with water and sewer." 1.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 1.1.1 The resolution approved by the City Council in accordance with Section 30-271 of the Code of Ordinances of the City of Lafayette allows that the proposed complex can be adequately served. 1.1.2 It is reasonably likely that, taking into account Charter Section 6.10, the proposed development will be able to begin receiving building permits within two years after the final plan is approved. 1.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(1). 1.2.1 Reserved for future use. Section 2.0 Other utilities. Code Section 26-18-5(c)(2) provides that "the City shall receive adequate assurance from all non-municipal service providers of adequate, imminent service for all mixed use building complexes.” 2.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 2.1.1 All companies supplying utilities other than water and sewer can supply the proposed development with service upon the date of expected occupancy. ---PAGE BREAK--- Resolution 2006-51 Page 3 2.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(2). 2.2.1 Reserved for future use. Section 3.0 Public safety. Code Section 26-18-5(c)(3) provides that "the city shall have the capacity to provide an appropriate level of fire and police protection to all mixed use building complexes." 3.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 3.1.1 The development does not materially interfere with the Lafayette Fire Department’s Five Year Plan to achieve a six minute average response time. 3.1.2 The development complies with all adopted Building and Fire Codes. 3.1.3 If, in order to provide adequate public safety protection or response, specialized equipment is needed, and there is no reasonable alternative, the development shall bear the cost of that specialized equipment. 3.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(3). 3.2.1 The proposed development supports the fire and/or police departments through the dedication of a site or facility needed for public safety use. 3.2.2 The design of the proposed development incorporates the police department's standards for Crime Prevention through Environmental Design. 3.2.3 The proposed development will participate in the Neighborhood Watch Program. ---PAGE BREAK--- Resolution 2006-51 Page 4 3.2.4 The response time of the fire department to the proposed development shall not be longer than six minutes. 3.2.5 In light of the City’s current land use mix, the number of police officers per 1000 residents shall not fall below 1.5. Section 4.0 Recreation. Code Section 26-18-5(c)(4) provides that "the city shall ensure sufficient recreational opportunities for all of its current residents and the future residents of the proposed mixed use building complex." 4.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 4.1.1 Public park areas shall be a minimum of three acres in size, unless otherwise approved by the Parks and Recreation Director. 4.1.2 All parks and trail facilities in the proposed plan comply with the adopted Parks and Recreation Master Plan. 4.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(4). 4.2.1 The proposed complex provides recreational amenities with the project design that conform to the needs identified in the Parks and Recreation Master Plan. 4.2.2 The proposed complex is linked by a pedestrian/bicycle trail to a City or County recreation facility, bicycle path, school, library, or other public facilities. 4.2.3 The proposed design includes access for residents and employees to nearby open space and public park areas. Section 5.0 Economy of service. Code Section 26-18-5(c)(5) provides that "City services shall be provided in the most efficient manner practicable." 5.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory ---PAGE BREAK--- Resolution 2006-51 Page 5 standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 5.1.1 No sewer lift stations will be permitted unless they will serve an area consisting of more than one square mile. 5.1.2 The proposed development does not create a significantly disproportionate liability risk to the City in accepting and maintaining the public improvements associated therewith. 5.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(5). 5.2.1 The proposed utility plan does not place a significantly disproportionate burden on the City maintenance function. 5.2.2 The proposed transportation plan does not place a significantly disproportionate burden on the City maintenance function. 5.2.3 Infill mixed use building complex projects will be encouraged. Section 6.0 Schools. Code Section 26-18-5(c)(6) provides that "the City shall support and encourage the best quality education for Lafayette children." 6.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 6.1.1 Based upon the City’s own information and experience, the City determines that all public schools expected to serve the proposed development have sufficient--current and projected--capacity to accept the children expected to live in the development--taking into consideration both the children expected to live in the proposed development, and children expected to live in other previously approved developments which are not yet built out. 6.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(6). ---PAGE BREAK--- Resolution 2006-51 Page 6 6.2.1 All children expected to live in the proposed development will have the opportunity to attend neighborhood schools. 6.2.2 School impacts are mitigated by means of a school site dedication. 6.2.3 The proposed development contributes a substantial element which complements or supplements education within the community. Section 7.0 Prior agreements. Code Section 26-18-5(c)(7) provides that "to the extent any prior development and/or annexation agreements do not conflict with the provisions of this ordinance, the city shall consider any prior commitments made in such agreements in reviewing a mixed use building complex PUD." 7.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 7.1.1 City approval of the proposed complex shall be consistent with any and all prior City of Lafayette contractual obligations. 7.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(7). 7.2.1 Reserved for Future use. Section 8.0 Community housing needs. Code Section 26-18-5(c)(8) provides that "the city shall establish, by Resolution, that ratio of residential area to non-residential area in a mixed use building complex that is appropriate to meet the needs of the community for housing in the areas in which mixed use building complexes are permitted. Further, the city shall promote a variety of housing types, prices and ownership forms to satisfy the needs of the community." 8.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 8.1.1 When the underlying zoning is non-residential, no greater than 45% of the floor area within the complex shall be residential uses. Notwithstanding the foregoing, the City Council may, after review and ---PAGE BREAK--- Resolution 2006-51 Page 7 recommendation of the Planning Commission, allow up to 60% of the floor area within a mixed use building complex to be used for residential uses upon finding that the proposed PUD is unique and/or necessary for the economic development of the city and that one or more of the following criteria has been met: A. That 50% of the nonresidential floor area of the proposed mixed use building complex shall be legally restricted by the owner to uses that will generate sales tax revenues for the city; B. That the proposed mixed use building complex is a redevelopment project that will result in the abandonment of a legal nonconforming use; C. That 50% of the residential floor area within the proposed mixed use building complex shall be legally restricted by the owner to be affordable; D. The proposed mixed use building complex is a redevelopment of a property which has caused significant problems for adjacent neighborhood(s), such as, but not limited to, graffiti, vagrancy, noise, or other similar deleterious impacts to the quiet enjoyment of neighboring properties; or E. That the proposed mixed use building complex provides some parking spaces available for the Urban Renewal Authority. 8.1.2 In order to obtain a reduction in the parking ratio due to the mixing of uses within a complex and joint use of parking spaces, the parking must be located within 150 feet of any shared use. 8.1.3 The city shall use any and all available data and studies regarding the city’s need for a particular type, price and/or ownership form of housing to limit or encourage any particular type, price and/or ownership form of housing. 8.1.4 There is a need for the proposed complex in the specific area of the community. 8.1.5 All new mixed use building complexes that contain 30 or more for-sale units will meet the requirements of the City’s inclusionary zoning ordinance. 8.1.6 Allocation of any of the 50 permits made available by Section 6.10 of the City Charter shall be allocated only to projects that provide units in conformance to the Community Housing Guidelines, i.e. are priced to be affordable to households with annual incomes of 80% of the area median income, as calculated by HUD. ---PAGE BREAK--- Resolution 2006-51 Page 8 8.1.7 The location of units meeting the inclusionary zoning requirements will not be grouped in such as way as to cause excessive economic division within the neighborhood. 8.1.8 The exterior appearance of units meeting the inclusionary zoning requirements will be substantially similar in appearance to other units in terms of quality. 8.1.9 To the extent practicable, the City desires a mixture of housing types geographically dispersed throughout the city which meet the requirements for inclusionary zoning. 8.1.10 Only under extraordinary circumstances will the City support payment in lieu of the housing required to meet the inclusionary zoning requirement. 8.1.11 Annexations expected to contain residential use will be subject to Planning Commission review as to whether any affordable housing requirement above and beyond the levels required in the Community Housing Guidelines and Section 25-18.5 are appropriate 8.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(8). 8.2.1 The City’s prior approvals for new mixed use building complexes will be considered when granting any approvals so that, to the best of the City’s ability, the public is provided choices in type of housing, as well as a full price range of housing. 8.2.2 The proposed complex includes a compatible mix of uses. 8.2.3. In general, if the complex consists of multiple buildings, the buildings adjacent to the street shall contain non-residential uses. 8.2.3 In general, if the complex consists of one building, any non- residential use within the complex shall be located on the first floor. Section 9.0 Developer's ability to complete construction of the PUD. Code Section 26-18-5(c)(9) provides that "the city will commit city resources only to developments that are likely to be completed as proposed." 9.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch ---PAGE BREAK--- Resolution 2006-51 Page 9 plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 9.1.1 The developer shall be free of any past or present material breaches of development contracts with the City and/or County governments within the last five years. 9.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(9). 9.2.1 Reserved for future use. Section 10.0 Build-out rate. Code Section 26-18-5(c)(10) provides that "in order to manage growth in accordance with the city’s ability to provide services, the city shall encourage building to occur subject to an agreed upon time schedule and build-out rate." 10.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 10.1.1 Each proposed complex will submit its projected requirements for the issuance of building permits with the preliminary plan submittal. The development can be approved only if this level of service can be met under the City’s growth cap, as set in compliance with Section 30-269 et. seq. of the City’s Code of Ordinances. 10.1.2 The applicant should present sufficient information to demonstrate that the development has a reasonable likelihood of completion, given the requested building permit schedule. 10.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(10). 10.2.1 Reserved for future use. Section 11.0 Community Amenities Code Section 26-18-5(c)(11) provides that “the city shall encourage mixed use building complexes that contribute significant amenities to the development itself, and to the community at large.” ---PAGE BREAK--- Resolution 2006-51 Page 10 11.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 11.1.1 Reserved for future use. 11.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(11). 11.2.1 The proposed complex will include some community amenities, including, but not limited to: an appropriately-located park site (above the minimum requirement), private funding of park construction, a site for a public school, fire station, or police substation, an historic marker or instructional facility, a city identification sign and/or sign location, wildlife preservation, heavily landscaped streetscape (in excess of the minimum requirements) which improves the public image of the City. Section 12.0 Goal fulfillment. Code Section 26-18-5(c)(12) provides that "the city shall encourage mixed use building complexes that fulfill specific Comprehensive Plan, Urban Renewal Authority, or city council goals." 12.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 12.1.1 Reserved for future use. 12.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(12). 12.2.1 The proposed project fulfills a specific City Council, Economic Development Plan, Urban Renewal Plan, Downtown Plan, or Comprehensive Plan goal. ---PAGE BREAK--- Resolution 2006-51 Page 11 Section 13.0 City’s financial ability to serve. Code Section 26-18-5(c)(13) provides that "the city shall demonstrate that it is financially able to provide general municipal services to all new mixed use building complex development." 13.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 13.1.1 The project is presumed to meet this criteria unless the city demonstrates it is not financially able to serve the development. 13.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(13). 13.2.2 Reserved for future use. Section 14.0 Transportation. Code Section 26-18-5(c)(14) provides that "the city shall encourage an efficient and environmentally sound transportation system." 14.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 14.1.1 Where practical, complexes shall be interconnected to provide vehicular, pedestrian, bicycle and similar access between neighborhoods. 14.1.2 Adequate parking will be supplied. 14.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(14). 14.2.1 Private streets are discouraged. 14.2.2 The proposed complex contributes to the efficient and effective operation of the Regional Transportation District by providing facilities or enhancements to the system such as bus shelters at bus stops adjacent to or within the development. ---PAGE BREAK--- Resolution 2006-51 Page 12 14.2.3 The City will favor those complexes that provide for and encourage transportation modes alternative to the automobile. Section 15.0 Environment. Code Section 26-18-5(c)(15) provides that "the natural environmental assets of a property shall be preserved to the extent practicable." 15.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 15.1.1 The proposed complex design recognizes and mitigates impacts on wildlife areas as defined on the Division of Wildlife’s map provided to the City and filed with the Planning Department. 15.1.3 The developer will survey the property to identify any endangered plant or animal species and all wetland areas, both according to federal and state standards, and shall comply with any applicable federal and state standards relating to endangered species and wetlands. 15.1.4 No structures will be approved without full compliance with Lafayette’s Flood Plain Standards. 15.1.5 Abatement techniques for mine shafts and slopes shall be required of developers and no undeveloped land overlying high risk subsidence zones will be developed unless the design is approved by the State Geologist’s office. 15.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(15). 15.2.1 The proposed complex will enhance and/or expand the City’s and County’s recycling program. 15.2.2 Existing healthy trees will be preserved whenever possible. 15.2.3 To the extent reasonably practicable, the proposed complex will be designed to utilize the natural topography of the site and to preserve natural grades. ---PAGE BREAK--- Resolution 2006-51 Page 13 15.2.4 Prairie dog colonies will be humanely removed or relocated prior to the start of construction. 15.2.5 The proposed complex promotes and incorporates energy and water conservation measures. Such energy conservation measures may include, but are not limited to, the following: • Energy efficient construction or use of energy efficient components such as, but not limited to, low-E windows, higher than normal R-values for insulation, highly efficient heating ventilation and air conditioning systems (HVAC), efficient lighting systems, etc; • Passive solar design; • Solar hot water heating; or • Photovoltaic solar panels; Such water conservation measures may include measures that are over and above the minimum existing standards for landscape irrigation, plumbing fixture usage, etc. Section 16.0 Cultural. Code Section 26-18-5(c)(16) provides that "the city values its existing historical and/or cultural facilities, including its library, theater, etc.” 16.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 16.1.1 Reserved for future use. 16.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(16). 16.2.1 The proposed complex provides a means for cultural enrichment of the community, such as providing public visual art or providing opportunities for the performing arts. 16.2.2 The proposed complex contributes in a material way to the City’s existing cultural resources, such as a site for public art. 16.2.3 The proposed complex preserves an element of historical interest on the site. ---PAGE BREAK--- Resolution 2006-51 Page 14 Section 17.0 Strong Owners Associations. Code Section 26-18-5(c)(17) provides that "when a mixed use building complex is proposed to consist of multiple owners, the city shall encourage the development of a strong owners association to promote a sense of community and to ensure the continued existence of a viable entity responsible for maintenance of private open space and other similar duties." 17.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 17.1.1 The following elements are included within the owner’s documents: a. Covenants, Conditions and Restrictions, providing for an owners’ association and architectural control committee. b. Articles of incorporation of the owners’ association. c. Bylaws for the owners’ association. d. Provision for automatic renewal of the covenants without a vote of the property owners. e. Provision for mandatory dues or other funding mechanism. f. If the association will be responsible for a master water meter, provision to allow the City to charge association members their pro- rata share of the water bill, in the event that the association does not make timely payments. g. Provision for adequate authority to enforce the covenants. h. Provision for the architectural control committee to meet regularly. 17.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(17). 17.2.1 The following elements are included within the owners’ documents: ---PAGE BREAK--- Resolution 2006-51 Page 15 a. Overall design guidelines. b. Provisions stating the substance of C.R.S. § 38-33.3- 313(1)-(4), concerning the insurance policies that may or must be maintained by the association (property and commercial general liability ins. on common elements), to provide guidance to owners/associations after the developer has completed the project and withdrawn from the association. c. Provision requiring that when an owner or employee of an association controls or disburses association funds, the association must maintain fidelity insurance coverage of an amount not less than the aggregate of two months assessments plus reserves, as set forth in C.R.S. § 38-33.3-313(10). d. If the association will have 30 or more units, provisions to comply with C.R.S. § 38-33.3-306(3)(a) by requiring that when the association delegates power to a managing agent, the agent must maintain fidelity insurance in an amount no less than $50,000 or such greater amount as the association may require; (ii) maintain association funds in an account separate from other associations, and maintain association operating funds in an account separate from association reserve funds; and (iii) present an annual accounting and financial statement to the association. e. Provision for regular audits of the association’s finances, at least once every five years, at the association’s expense, or more often if a member requests and agrees to pay for it. Section 18.0 Design Guidelines. Code Section 26-18-5(c)(18) provides that " the city shall ensure that the development of a mixed use building complex meets any applicable adopted guidelines, including but not limited to the Urban Renewal Architectural Review Criteria." 18.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 18.1.1 Mixed use building complexes located within the Urban Renewal District will comply with any design guidelines adopted by the Urban Renewal Authority. ---PAGE BREAK--- Resolution 2006-51 Page 16 18.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(18). 18.2.1 Multi-story buildings are encouraged within a mixed use building complex. Section 19.0 Compatibility. Code Section 26-18-5(c)(19) provides that " Each mixed use building complex shall be compatible with and respect the context of its location and the character of surrounding existing neighborhoods.” 19.1 The following mandatory standards shall be met by all mixed use building complex PUDs. Failure of any proposed PUD to meet the following mandatory standards shall constitute grounds for denying sketch plan, preliminary plan, final plan, site plan or architectural review approval, as the case may be. 19.1.1 Mixed use building complexes will be compatible with the character of the surrounding area. 19.1.2 The proposal will comply with the municipal code. 19.1.3 The proposal will comply with the City’s Comprehensive Plan. 19.2 The following standards are aspirational only. However, the degree to which a proposed mixed use building complex development meets these aspirational standards may be considered by the Planning Commission and City Council in determining whether the proposal meets the PUD approval criteria found in Section 26-18-5(c)(19). 19.2.1 Reserved for future use. Section 20.0 This resolution shall be effective upon its adoption. RESOLVED AND PASSED this day of 2006. CITY OF LAFAYETTE, COLORADO Chris Berry, Mayor ATTEST: ---PAGE BREAK--- Resolution 2006-51 Page 17 Susan Koster, City Clerk APPROVED AS TO FORM: James Windholz, City Attorney