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Home My WebLink About12/07/2023 - Affordable Housing Board - Agenda - Regular Meeting AFFORDABLE HOUSING BOARD (AHB) REGULAR MEETING Contact Person: Sue Beck-Ferkiss, Social Policy & Housing Programs Manager – 970-221-6753 Thursday, December 7, 2023 4:00 p.m.-6:00 p.m. 222 Laporte Ave Community Room and Online via Zoom 8/6 /20 20 –Agenda Page 1 Participation for this remote Affordable Housing Board meeting will be available online or by phone or in person. Public Participation (Online): Individuals who wish to address the Affordable Housing Board via remote public participation can do so through Zoom at https://fcgov.zoom.us/j/94470720873?pwd=WDNpcGZEcmxKQi9mVkxZTXl1TlFidz09 Meeting ID: 944 7072 0873 Passcode: 0n5EhY*H Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 3:50pm, December 7, 2023. Participants should try to sign in prior to 4:00pm, meeting start time, if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board or Commission. In order to participate: Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. Public Participation (Phone): If you do not have access to the internet, call the Board or Commission Staff Liaison at 970-221-6753. Please indicate that you want to participate in the Board or Commission public participation by phone and give your name and phone number. If you get a voicemail message, please leave the same information. Once you have given this information (in person or by message), a staff person will provide you with the phone number that will allow you access to the Zoom meeting. As listed above, the meeting will be available beginning at 3:50pm. Please call in to the meeting prior to 4:00pm, if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted status. AFFORDABLE HOUSING BOARD REGULAR MEETING Agenda Page 2 CALL TO ORDER 1. ROLL CALL 2. AGENDA REVIEW 3. CITIZEN PARTICIPATION 4. APPROVAL OF MINUTES November meeting 5. NEW BUSINESS a. Land Use Code update – Meaghan (20 Minutes) ▪ Board Action: FYI and Discussion b. Outreach Fort Collins – Brad Rhoda, Director, Outreach Fort Collins (30 minutes) ▪ Board Action: FYI c. Retreat Planning for January – John and Sue (30 minutes) ▪ Board Action: Discussion and Scheduling d. Board member ideas: Time to share innovative ideas, hot topics, or new research (10 minutes) ▪ Board Action: Discussion 6. BOARD MEMBER REPORTS a. Meeting Logistics – Hybrid meetings through 2023 b. Liaison Reports (10 minutes) 7. OTHER BUSINESS Documents to Share: If residents wish to share a document or presentation, the Staff Liaison needs to receive those materials via email by 24 hours before the meeting. Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged to participate by emailing general public comments you may have to Enter Staff Liaison Email . The Staff Liaison will ensure the Board or Commission receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting. AFFORDABLE HOUSING BOARD REGULAR MEETING Agenda Page 3 a. City Council 6-month planning calendar review (5 minutes) b. Council Comments – Who, what? (5 minutes) c. Review 2023 Work Plan (5 minutes) d. Update on Affordable Housing Projects (5 minutes) e. Future AHB Meetings Agenda (5 minutes) 8. ADJOURNMENT SAVE THE DATES! December 5 First Reading for any code changes for Boards and Commissions (Including the Request for an Ex Officio Seat for Housing Catalyst) December 12 Work Session – Council End of Term Report, Human Services Platform January 9 Special Meeting – New Council term begins February 13 Work Session – Community Capital Improvement Plan ¼ cent tax renewal discussion (first of two) Did you know that the City has a Housing Newsletter? It is a great place to send people looking to learn more about what is going on in Fort Collins around Housing. Sign up for it at: fcgov.com/housing. Social Sustainability 222 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6753 MEMORANDUM TO: Members of the Affordable Housing Board FM: Sue Beck-Ferkiss, Social Policy and Housing Programs Manager RE: Remote Board Meeting The next Affordable Housing Board meeting will be held: Thursday, December 7, 2023 In person at 222 Laporte Avenue or Online via Zoom at 4:00 – 6:00 P.M. BOARD MEMBERS: If you cannot attend the meeting, please contact Sue Beck - Ferkiss either by email (sbeckferkiss@fcgov.com) or by phone (221-6753). BUSINESS 1. Approval of Minutes: Copies of the draft minutes of the November Regular meeting are attached for the Board’s approval. Approval of minutes requires a formal motion and vote by the Board. 2. Remote meetings: Remaining 2023 meetings will be hybrid. PRESENTATION/DISCUSSION: 1. LAND USE CODE UPDATE, MEAGHAN OVERTON (20 MINUTES) Meaghan will give an update on the Land Use Code Amendments that were passed in October and are currently the subject of a Referendum Petition. ▪ Board Action: FYI and Discussion 2. OUTREACH FORT COLLINS, BRAD RHODA (30 MINUTES) Brad and/or his team member will provide an update on the work of Outreach Fort Collins. Learn about what Outreach Fort Collins does for our housed and unhoused residents. ▪ Board Action: FYI and Discussion 3. RETREAT PLANNING FOR JANUARY, JOHN AND SUE (30 MINUTES) It is not easy to find a date that works for this busy group! We will work toward finalizing a date and get input from the board on what they would like included in the event. We 2 hope to have staff members from the City Attorney’s Office and the Communications and Public Information Office (CPIO) join us for part of the retreat. ▪ Board Action: Discussion 4. BOARD MEMBER IDEAS – AS TIME ALLOWS BOARD BUSINESS: • Meeting Logistics – Board Discussion, as needed. • Member terms update – o Each board member’s term has been decided by City Council when they appointed you. They are of different lengths to stagger board membership. Still, all board members can serve up to 8 years upon application and reappointment by City Council. o All terms expire in June. Here are the current term expiration dates: ▪ Stefanie June 30, 2027 ▪ Jennifer June 30, 2024 ▪ Kristin June 30, 2024 ▪ Sheila June 30, 2025 ▪ John June 30, 2025 ▪ Bob June 30, 2026 ▪ Ed June 30, 2024 • Contact with Council Liaison – o CM Gutowsky would like to be invited to specific meetings and will attend if available. • Project Certification – o n/a • Ideas for future meetings: Housing Agency panel of providers – one for rental housing and one for home ownership; Land Bank deep dive (Sue); Incentives deep dive (Meaghan); Private Activity Bonds (Sue); Data Gaps Analysis – What do we have and what do we want; Water Issues in Colorado (Mayor Arndt); Eviction and Foreclosure Prevention (Kelly Evans); Murphy Center update and plans for the future (Homeward Alliance); Grant Opportunities; The Affordable City book; Displacement Mitigation Mapping Project; How to Support Mobile Home Park conversions; How to keep locals in housing; and Volunteer needs for housing providers. ATTACHMENTS 3 1. Draft Minutes of the November meeting 2. FYI - City Council 6 Month Planning Calendar 3. FYI – LUC Information Sheet 4. FYI - Election Summary Report 5. FYI – Work Session Summary on Ex-Officio Board Members 6. FYI – Memo from City Clerk re: Ordinance Protest and Referendum Process Did you know that the City has a Housing Newsletter? It is a great place to send people looking to learn more about what is going on in Fort Collins around Housing. Sign up for it at: fcgov.com/housing. AFFORDABLE HOUSING BOARD REGULAR MEETING 1 1 /2 /2023 – M I N U TE S Page 1 November 2, 2023, 4:00-6:00pm Colorado River Room, 222 Laporte Ave DRAFT CALL TO ORDER At 4:01 PM the meeting was called to order by John Singleton. 1. ROLL CALL • Board Members Present: Bob Pawlikowski, John Singleton, Ed Hermsen, Jennifer Bray, Stefanie Berganini • Board Members Excused: Kristin Fritz, Sheila Seaver-Davis • Staff Members Present: • Meaghan Overton, Stand-In Staff Liaison – City of Fort Collins • Davina Lau, City Clerk’s Office – City of Fort Collins • Tamra Leavenworth, Minutes – City of Fort Collins • Guests Present: • Andrea Bernardy • Jacq Rulelina • Lisa Cunningham • Marilyn Heller 2. AGENDA REVIEW – No changes. 3. CITIZEN PARTICIPATION Marilyn Heller from the League of Women’s Voters informed the Board that there is a video on the Leage of Women’s Voters website about the upcoming Homeless Youth Shelter that’s anticipated to open in Loveland in the Fall of 2024. Lisa Cunningham introduced herself as a regular attendee of the Affordable Housing Board meetings and shared that she was heavily involved in the Land Use Code updates. Andrea Bernardy and Jacq Rulelina introduced themselves as CSU students who were attending because of a passion for affordable housing and civic engagement purposes. 4. APPROVAL OF MINUTES Stefanie Berganini motioned to approve the October 5 Regular Meeting Minutes. Bob Pawlikowski seconded. Approved 5-0. Ed Hermsen abstained due to absence at the October meeting. AFFORDABLE HOUSING BOARD REGULAR MEETING 1 1 /2 /2023 – M I N U TE S Page 2 5. NEW BUSINESS A. Discussion with City Clerk’s Office about cross pollination of Boards and Commissions – John Singleton, Board Chair and Davina Lau, City Clerk’s Office • Davina Lau from the City Clerk’s Office joined the Affordable Housing Board to provide information and feedback on cross-pollinating with other City boards and commissions with the goal of supporting and expanding one another’s outreach efforts. The Board discussed the possibility of hosting both an educational outreach event for the public and a meeting specifically for City Boards and Commissions that would focus on housing needs and concerns across different populations in Fort Collins. B. Affordable Housing Board 2024 Work Plan – John Singleton, Board Chair • The Affordable Housing Board Work Plan is due to the Clerk’s Office at the end of November. The Board reviewed the changes they discussed making during the October meeting. Stefanie Berganini motioned to approve the 2024 Affordable Housing Board Work Plan as presented. Ed Hermsen seconded. John Singleton made a friendly amendment to move the “participate and collaborate with committees” section bullet to the first page below the Strategy section so it would become the second bullet. Stefanie Berganini accepted the friendly amendment. Approved 5-0. C. Housing Strategic Plan – Meaghan Overton, Social Sustainability • Meaghan Overton informed the Board that the City received an intent to protest the Land Use Code changes last week. The Clerk’s Office and petitioners are in the process of finalizing the petition language. Once the petition language is finalized, the petitioners will have 20 days to collect signatures. DISCUSSION • Can you tell us more about the process of Council directing City staff to come up with alternatives to U+2? There is a staff team that has been assembled to start working on U+2 and we are tentatively planning to have a Work Session with Council in March 2024. • Can the Board give our opinions to City staff like we do with Council? Yes. Staff from the team working on U+2 can come present to the Board on the different options being explored for U+2 in February or March. Council won’t be taking any action in March because it is a Work Session, so it would be a good opportunity for the Board to have input before a decision point is scheduled. • Why might community members be opposed to changing U+2? What we’ve heard from the community, especially those who live near campus, is that the enforcement of an occupancy ordinance has had a positive impact on the quality of AFFORDABLE HOUSING BOARD REGULAR MEETING 1 1 /2 /2023 – M I N U TE S Page 3 life in their neighborhood, particularly in terms of parking and nuisance issues. • Is there a no-occupancy limit on the slate of options being presented to Council? There’s always a null alternative in policy discussions and I think it’s important to lay out a whole spectrum of options – everything from changing nothing, changing everything, and several options in between. • Are all the U+2 options currently under consideration based on the definition of family? We’ve been asked to come up with ways to get away from the family definition and look at how else we can regulate occupancy so that it’s not based on the definition of family as it’s currently codified. D. Board Member Ideas • The Board discussed publishing an op-ed that explains why the Affordable Housing Board supports the Land Use Code changes. The Board will include what they did and did not like about the changes to the code, what code changes the City made in response to community outreach, and which local affordable housing organizations support the Land Use Code changes. Bob Pawlikowski motioned to have Stefanie Berganini write an op-ed to send to local media outlets. Ed Hermsen seconded. Approved 5-0. 6. BOARD MEMBER REPORTS a. Meeting Logistics • The Board will continue to have hybrid meetings for the remainder of 2023. b. Liaison Reports • None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Meeting adjourned at 6:07 PM. THIS DOCUMENT INCLUDES ALL ITEMS PLANNED FOR COUNCIL MEETINGS AND WORK SESSIONS. Date Service Area Type Agenda Item Strategic Outcome City Manager's Office High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi-sector relationships and partnerships at all levels. Sustainability Services Neighborhood Livability & Social Health 1.2 Collaborate to leverage community partners’ expertise in addressing priority human service issues like poverty and mental health, and to make homelessness rare, brief and non-recurring. Proclamation City Clerk's Office Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading Financial Services Resolution Providing Notice to Xcel Energy to Increase the Franchise Fee for Natural Gas Delivery to 3 Percent High Performing Government 7.7 Address current and long-term projected gap between available revenue and resources, and what is required to meet service levels set by adopted plans. City Clerk's Office Resolution Making Appointments to the Cultural Resources Board High Performing Government 7.4 Foster a sense of purpose, belonging and well-being in how we innovatively attract, develop and retain diverse talent to serve our community. City Clerk's Office Motion Call of Special Meeting on January 9, 2024 for Council Organizational Meeting High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi-sector relationships and partnerships at all levels. - 2024 - December 26, 2023 Work Session Community Report: Larimer County - Shaping the Future of Public Health Council End of Term Report Human Services Priorities Platform Update: CD December 12, 2023 Work Session CITY COUNCIL AGENDA PLANNING - PUBLIC 6 MONTH CALENDAR Agenda items containing action on current Council priorities as adopted by Resolution 2021-077 are shaded light orange NOTE: This document is posted every Monday and Thursday. Changes made between postings will not be reflected until the next posting. December 19, 2023 Council Meeting CANCELLED CANCELLEDJanuary 2, 2024 Council Meeting 11/30/2023 6-Month Planning Page 1 THIS DOCUMENT INCLUDES ALL ITEMS PLANNED FOR COUNCIL MEETINGS AND WORK SESSIONS. Date Service Area Type Agenda Item Strategic Outcome City Manager's Office High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi-sector relationships and partnerships at all levels. City Manager's Office Proclamation National Skating Month (January 2024) City Clerk's Office Motion Approval of Minutes Ordinance-2nd Reading Utility Services Ordinance-1st Reading Code Amendment Regarding Building Permit Requirement for Toilet Installation Environmental Health 4.4 Provide a resilient, reliable, and high-quality water supply. Utility Services Ordinance-1st Reading Redeploy Light and Power Budget Offer 1.7 - Grid Flexibility Communication Protocol, to Optimize Utility-related Outcomes Environmental Health 4.1 Intensify efforts to meet 2030 climate, energy and 100% renewable electricity goals that are centered in equity and improve community resilience. Municipal Court Ordinance-1st Reading Clarifying Authority of Referee to Hear Certain Code Violations Utility Services Resolution Approving an IGA with City of Greeley, Northern Water Conservancy District, Soldier Canyon Water Treatment Authority and City of Thornton to Develop a Regional Cost-share Collaborative Source Water Protection Plan Environmental Health 4.4 Provide a resilient, reliable, and high-quality water supply. City Manager's Office High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi-sector relationships and partnerships at all levels. January 26/27, 2024 Other Council Retreat and Priorities Setting High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi-sector relationships and partnerships at all levels. Proclamation City Clerk's Office Motion Approval of Minutes Ordinance-2nd Reading Internal & Employee Services Ordinance-1st Reading 2024 City Classified Employee Pay Plan as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police Swearing in of Recently-elected Officials and Appointing Mayor Pro Tem (Reception to Follow) February 6, 2024 Council Meeting January 16, 2024 Council Meeting January 23, 2024 Work Session Resolution of Appreciation for Outgoing Councilmember Shirley Peel Special Meeting - Council Organizational Meeting 2024 Initiatives to Share Ahead of Council Retreat January 9, 2024 Special Meeting 11/30/2023 6-Month Planning Page 2 THIS DOCUMENT INCLUDES ALL ITEMS PLANNED FOR COUNCIL MEETINGS AND WORK SESSIONS. Date Service Area Type Agenda Item Strategic Outcome Resolution City Manager's Office High Performing Government 7.7 Address current and long-term projected gap between available revenue and resources, and what is required to meet service levels set by adopted plans. Proclamation City Clerk's Office Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading Resolution City Manager's Office High Performing Government 7.2 Maintain the public trust through a high performing Council, organizational transparency, legal and ethical behavior, and regulatory compliance. Proclamation City Clerk's Office Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading Resolution Proclamation City Clerk's Office Motion Approval of Minutes City Strategic Plan Review Community Capital and Street Maintenance 1/4-cent Renewals Discussion (first of two-second on 4-9) March 5, 2024 Council Meeting February 20, 2024 Council Meeting February 27, 2024 Work Session February 13, 2024 Work Session March 12, 2024 Work Session NLC Conference (Not a work session.) March 19, 2024 Council Meeting 11/30/2023 6-Month Planning Page 3 THIS DOCUMENT INCLUDES ALL ITEMS PLANNED FOR COUNCIL MEETINGS AND WORK SESSIONS. Date Service Area Type Agenda Item Strategic Outcome Ordinance-2nd Reading Financial Services Ordinance-1st Reading 2024 Reappropriation Ordinance Utility Services Ordinance-1st Reading Xeriscape and Soil Landscape Standards in Municipal and Land Use Codes Environmental Health 4.4 Provide a resilient, reliable, and high-quality water supply. City Manager's Office Resolution Adoption of City Strategic Plan High Performing Government 7.2 Maintain the public trust through a high performing Council, organizational transparency, legal and ethical behavior, and regulatory compliance. City Manager's Office Neighborhood Livability & Social Health 1.1 Increase housing supply and choice and address inequities in housing to ensure that everyone has healthy, stable housing they can afford. Community Services Neighborhood Livability & Social Health 1.9 Plan for, preserve, plant and maintain a safe, healthy and resilient urban forest. Community Services Neighborhood Livability & Social Health 1.9 Plan for, preserve, plant and maintain a safe, healthy and resilient urban forest. Proclamation Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading Resolution City Manager's Office Proclamation Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading March 26, 2024 Work Session Potential Residential Occupancy Discussion Tree Mitigation - Landscape Standard Updates Urban Forest Strategic Plan Findings and Proposed Direction April 2, 2024 Council Meeting April 9, 2024 Work Session Community Capital and Street Maintenance 1/4-cent Renewals Discussion (second of two-first on 2-13) April 16, 2024 Council Meeting 11/30/2023 6-Month Planning Page 4 THIS DOCUMENT INCLUDES ALL ITEMS PLANNED FOR COUNCIL MEETINGS AND WORK SESSIONS. Date Service Area Type Agenda Item Strategic Outcome Resolution Proclamation Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading Resolution Proclamation Motion Approval of Minutes Ordinance-2nd Reading Ordinance-1st Reading Resolution April 23, 2024 Work Session Poudre Fire Authority IGA May 7, 2024 Council Meeting May 14, 2024 Work Session May 21, 2024 Council Meeting May 28, 2024 Work Session 11/30/2023 6-Month Planning Page 5 Date Agenda Item Strategic Outcome Temporarily Moved to Unscheduled Establish the 2024 Compensation of the City Manager High Performing Government 7.4 Foster a sense of purpose, belonging and well-being in how we innovatively attract, develop and retain diverse talent to serve our community. Mid 2024 Water Supply Requirements Economic Health 3.5 Invest in and maintain utility infrastructure and services while ensuring predictable utility rates. No date Amending City Code with Standards for Water-Wise Landscape, Irrigation Designs, and Practices Environmental Health 4.4 Provide a resilient, reliable, and high-quality water supply. Q1 2024 Landscape Standard Updates - Tree Policies Neighborhood Livability & Social Health 1.9 Plan for, preserve, plant and maintain a safe, healthy and resilient urban forest. No date Capital Expansion Fees Economic Health 3.1 Collaborate with local and regional partners to achieve economic resilience in Northern Colorado. No date Conveyance of Two Permanent One Temporary Easement on City Property - Drainage Improvements and Public Sanitary Sewer Improvements (Buckingham Park-PS-Poudre River) Tentative Dates: 12/05 and 12/19 Land Swap for City 24-hour Shelter May 2024 National Water Safety Month Proclamation July 2024 National Park and Recreation Month Proclamation 09/03/2024 Resolution setting 2025-2026 Budget Public Hearings High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. 09/17/2024 Recommended Budget Public Hearing #1 High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. 09-17-2024 2024 Annual Adjustment Ordinance for Fiscal Year 2025 High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. 10/01/2024 Recommended Budget Public Hearing #2 High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. First Reading 11/05/2024 1. Annual Appropriation Ordinance 2. 2025 DDA Annual Appropriation 3. 2025 Northern Colorado Regional Airport Appropriation High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. First Reading 11/05/2024 GID No. 1 - Annual Appropriation High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. First Reading 11/05/2024 GID No. 15 - Skyview South Annual Appropriation High Performing Government 7.1 Provide world-class municipal services, while recognizing the importance of multi- sector relationships and partnerships at all levels. Date Agenda Item Strategic Outcome No date Airport Governance Transportation & Mobility 6.4 Support and invest in regional transportation connections. No date Oil and Gas Operational Standards No date Advancing Transit Initiatives Update Transportation & Mobility 6.3 Invest in equitable access to, and expansion of, all sustainable modes of travel with emphasis on growing transit ridership. 6/25/2024 2025-26 Recommended Budget Preview 9/10/2024 Work Session #1 - 2025-26 Recommended Budget 9/24/2024 Work Session #2 - 2025-26 Recommended Budget 10/8/2024 Work Session #3 - 2025-26 Recommended Budget Q1 of 2024 Utilities Water Efficiency Plan (WEP) Update Environmental Health 4.4 Provide a resilient, reliable, and high-quality water supply. REGULAR MEETING ITEMS WORK SESSION ITEMS UNSCHEDULED/UPCOMING ITEMS Purpose of the Land Use Code Changes These changes seek to improve housing supply that new housing types ﬁt in with existing neighborhoods. The updated Code document was also re-designed to make it easier to understand with illustrative diagrams and organized content. Community Beneﬁts of Code Changes • Increase housing capacity in areas near public transit and places with buildable land. This helps achieve the City Council’s goal of having people’s basic needs and services within a 15-minute walk, and supports objectives identiﬁed in City Plan, the Transit Master Plan, Our Climate Future, and the Housing Strategic Plan. • create greater supply by modifying income criteria to address the most critical shortages of housing and requiring 60 years of deed restriction rather than the current 20 years. • Adjust standards to enable more small-lot inﬁll development and “missing middle” housing types to allow for greater housing choices across the community. Guiding Principles 1. Increase overall housing capacity (market feasible incentives for deed restricted 2. high frequency transit and growth areas 3. Allow for more diverse housing choices that ﬁt in with the existing context 4. Make the code easier to use and understand 5. Improve predictability of the development permit review process, especially for housing Public Engagement • 97,000+ postcards mailed to residents • 40+ meetings and events between April and August of 2023 • 10+ updates to Council + Boards and Commissions • 200+ emails and general comments received • 60 attendees at the April Virtual Info Session • 70 attendees at the April Deliberative Forum • 175 attendees at the May 8th open house event • 100+ attendees total at 13 neighborhood- speciﬁc walking tours and 1 general walking tour • Spanish walking tour July 26th • Alternatives Exhibit on August 9th What Doesn’t Change in the Code Changes to the LUC focus on increasing the supply and availability of housing, and reorganizing the code to improve usability. Many existing code requirements and regulations have not been changed and will still apply to all development, including (but not limited to): • Notiﬁcation procedures for proposed developments — Including notiﬁcation letters, yellow sign postings, neighborhood meetings, development review newsletter, and LAND USE CODE INFORMATION SHEET Project Webpage: fcgov.com/housing/lucupdates Following several months of public engagement and updates to code language based on community feedback, City Council passed signiﬁcant housing-related Land Use Code (LUC) changes on October 17, 2023. information on the Development Review webpage • Level of review required for residential development (except Affordable Housing) — These include requirements for Type 1 and Type 2 (Planning & Zoning Commission) public hearings and neighborhood meetings • Non-residential uses • Historic Preservation requirements • Environmental/Natural Resources requirements • Landscaping requirements • Street design requirements • Engineering requirements • Modification and Variance standards • Adequate Public Facilities requirements (e.g., water availability, infrastructure availability, road capacity, etc.) • Occupancy Regulations (e.g., U+2) What has changed from the Repealed Code? Community feedback directly resulted in many changes to the updated LUC as compared to the Repealed Code. Details are available on the project website at www.fcgov.com/housing/ lucupdates. A few examples include: • Existing development review process and levels of review remain for housing projects, except for affordable housing (now eligible for Basic Development Review) • Reduced maximum number of units allowed in several residential zones • Increased minimum lot sizes for multi-unit buildings in Old Town zones • New requirements to integrate existing structures and/or provide affordable housing for 3-6 unit buildings in Old Town zones • Better clarity about what an HOA can and can not regulate • Duplexes not permitted in the RL Zone District • Detached accessory Dwelling Units (ADUs) limited to 15 feet in height where there is no alley • ADUs must provide an off-street parking space • ADUs may not be used as short-term rentals and, if not owner-occupied, must have a designated resident manager Organizations and Government Entities That Have Expressed Support for the Code (there may be others not captured in this list)* FC Habitat for Humanity Neighbor to Neighbor United Way of Larimer County The Family Center: La Familia Colorado State University Elevation Community Land Trust FC P&Z Commission Realtor: Adam Eggleston FC Chamber of Commerce Housing Catalyst 9 to 5 Downtown Dev Authority Partnership for Age Friendly Communities FC Historic Preservation Commission FC Board of Realtors CARE Housing Hartford Homes Larimer County YIMBY FC Affordable housing Board FC Economic Advisory Board 23-25779 11/7/2023 7:35:41 PMPage: 1 of 7 Candidate Party Total Jeni Arndt 19,227 Total Votes 20,811 City of Fort Collins Mayor Candidate Party Total Jacki Marsh 9,271 Don Overcash 5,895 Janice Ververs 2,789 Total Votes 17,955 City of Loveland Mayor Candidate Party Total Eric Hamrick 2,071 Julie Pignataro 2,343 Total Votes 4,414 City of Fort Collins City Council - District 2 Candidate Party Total Shirley Peel 2,422 Melanie Potyondy 2,699 Total Votes 5,121 City of Fort Collins City Council - District 4 Candidate Party Total Alexander Adams 613 Emily Francis 1,958 Total Votes 2,571 City of Fort Collins City Council - District 6 Cards Cast: 77,271 Election Summary Report 2023 Larimer County Coordinated Election November 7, 2023 Summary for: All Contests, All Districts, All Tabulators, All Counting Groups 11/7/2023 7:35:41 PMPage: 2 of 7 Candidate Party Total Dan Anderson 1,513 Troy Krenning 1,794 Lenard Larkin 313 Russell Sinnett 600 Total Votes 4,220 City of Loveland City Council - Ward 1 Candidate Party Total Andrea Samson 2,794 Kat McManus 2,535 Total Votes 5,329 City of Loveland City Council - Ward 2 Candidate Party Total John H. Fogle 1,355 Erin Black 1,857 Total Votes 3,212 City of Loveland City Council - Ward 3 Candidate Party Total Zeke Cortez 1,714 Laura Light-Kovacs 2,311 Total Votes 4,025 City of Loveland City Council - Ward 4 Candidate Party Total Kevin G. Morris 1,139 Kyri Cox 1,162 Brenda L. Wyss 2,347 Brad Shochat 2,320 Total Votes 6,968 Estes Park School District R-3 School Board Director At Large Candidate Party Total Scott Schoenbauer 23,635 Total Votes 23,635 Poudre School District R-1 Director District A 11/7/2023 7:35:41 PMPage: 3 of 7 Candidate Party Total Kevin Havelda 18,501 Kurt Kastein 15,127 Total Votes 33,628 Poudre School District R-1 Director District B Candidate Party Total Andrea Booth 15,945 Conor M. Duffy 17,263 Total Votes 33,208 Poudre School District R-1 Director District F Candidate Party Total Jessica Zamora 20,564 Caleb Larson 12,843 Total Votes 33,407 Poudre School District R-1 Director District G Candidate Party Total Ryan Wilcken 12,129 Dawn Kirk 15,257 Total Votes 27,386 Thompson R2-J School District Board of Education Director District A Candidate Party Total Nancy Rumfelt 13,439 Briah Freeman 13,917 Total Votes 27,356 Thompson R2-J School District Board of Education Director District C Candidate Party Total Denise Alvine Chapman 15,554 Yazmin Navarro 11,721 Total Votes 27,275 Thompson R2-J School District Board of Education Director District D 11/7/2023 7:35:41 PMPage: 4 of 7 Candidate Party Total Stu Boyd 14,810 Elizabeth Kearney 12,305 Total Votes 27,115 Thompson R2-J School District Board of Education Director District G Candidate Party Total Monica Johnson 3 Total Votes 3 Weld County School District RE-5J Director District A Candidate Party Total Jackie Eubank 0 Amy Musgrave 3 Total Votes 3 Weld County School District RE-5J Director District B Candidate Party Total Amanda Proctor 3 Total Votes 3 Weld County School District RE-5J Director District C Candidate Party Total Nathan Sassano 4 Total Votes 4 Weld County School District RE-5J Director District D Candidate Party Total Michael Wailes 3 Total Votes 3 Weld County School District RE-5J Director District E Candidate Party Total Heidi Windell 3 Total Votes 3 Aims Community College Trustee District A 11/7/2023 7:35:41 PMPage: 5 of 7 Candidate Party Total Jeannine Truswell 3 Total Votes 3 Aims Community College Trustee District B Candidate Party Total John W. Haefeli 1 Jennifer Patrick 2 Joseph Bodine 0 Total Votes 3 Aims Community College Trustee District E Candidate Party Total Yes/For 31,955 No/Against 44,457 Total Votes 76,412 Proposition HH (Statutory) Candidate Party Total Yes/For 53,332 No/Against 23,063 Total Votes 76,395 Proposition II (Statutory) Candidate Party Total Yes/For 13,692 No/Against 13,588 Total Votes 27,280 City of Fort Collins Ballot Issue 2A Candidate Party Total Yes/For 10,144 No/Against 17,021 Total Votes 27,165 City of Fort Collins Ballot Issue 2B 11/7/2023 7:35:41 PMPage: 6 of 7 Candidate Party Total Yes/For 18,023 No/Against 8,879 Total Votes 26,902 City of Fort Collins Ballot Question 2C Candidate Party Total Yes/For 21,031 No/Against 5,015 Total Votes 26,046 City of Fort Collins Ballot Question 2D Candidate Party Total Yes/For 12,639 No/Against 13,756 Total Votes 26,395 City of Fort Collins Ballot Question 2E Candidate Party Total Yes/For 9,027 No/Against 9,410 Total Votes 18,437 City of Loveland Ballot Issue 2F Candidate Party Total Yes/For 8,800 No/Against 9,334 Total Votes 18,134 City of Loveland Ballot Issue 2G Candidate Party Total Yes/For 11,953 No/Against 6,320 Total Votes 18,273 City of Loveland Ballot Question 300 11/7/2023 7:35:41 PMPage: 7 of 7 Candidate Party Total Yes/For 12,541 No/Against 5,386 Total Votes 17,927 City of Loveland Ballot Question 301 Candidate Party Total Yes/For 9 No/Against 20 Total Votes 29 Larimer County Wyndham Hill Public Improvement District No. 78 Ballot Issue 6A Candidate Party Total Yes/For 2,733 No/Against 2,611 Total Votes 5,344 Loveland Rural Fire Protection District Ballot Issue 6B Candidate Party Total Yes/For 60 No/Against 6 Total Votes 66 Parkside Metropolitan District Ballot Issue 6C Candidate Party Total Yes/For 61 No/Against 4 Total Votes 65 Parkside Metropolitan District Ballot Issue 6D City Manager’s Office 300 Laporte Avenue PO Box 580, Fort Collins, CO 80522 970-221-6684 rvenkatesh@fcgov.com MEMORANDUM Date: November 2, 2023 To: Mayor and City Councilmembers Through: Tyler Marr, Deputy City Manager From: Rupa Venkatesh, Assistant City Manager Davina Lau, Public Engagement Specialist Jenny Lopez Filkins, Legal Subject: October 24, 2023 Work Session Summary – Ex-officio members for boards and commissions Mayor Arndt, Mayor Pro Tem Francis and Councilmembers Gutowsky, Pignataro, Canonico, and Peel were present. Councilmember Ohlson was absent. The purpose of the work session item was to receive Council feedback on a standard criteria of evaluation of ex-officio members, a proposed process for Council to consider a request from a board or organization to add ex-officio members, and two current requests from boards to add ex-officio members. Summary of Feedback During the August 8, 2023 City Council work session, Council discussed the recommendation from the Ad Hoc Council Committee on Boards and Commissions to add an ex-officio member representing the Housing Catalyst to the Affordable Housing Board. The desire from Council was to determine a consistent approach in responding to requests to add an ex-officio member to a board. General consensus on feedback was received as follows: An ex-officio member is an individual who serves on a board by virtue of holding a position with a non-City organization and who represents that organization when serving as an ex-officio member to a City board or commission. Council will formally select the entity that serves as ex-officio to the board by a Code update and the entity will then appoint. No formal appointment of the individual ex-officio member is desired. Ex-officio members should be non-voting members of the board. The entity could lend a regional expertise that the City doesn’t have through other partnerships . Continue with previous Council direction to remove all ex-officio members from the Code. Affordable Housing Board ex-officio request for a Housing Catalyst representative will be considered during the December 5, 2023 regular Council meeting. Staff does not have to conduct a proactive assessment to determine if a board or commission needs ex-officio members. Each board or commission is encouraged to include an assessment in the work plans which are due in November of every year and bring forth a recommendation for Council consideration at a future date, if one is needed. DocuSign Envelope ID: AEDAB76F-E003-42D4-94C6-6FEAF10F350E For an organization to be considered for an ex-officio seat on a board or a commission the following must apply: The organization must be nonpartisan and a governmental or quasi-governmental entity. The organization includes members or employees who are experts in the field of work that falls within the functions of the board. The entity’s expertise is needed on an ongoing basis. The work of the other entity aligns with the board’s functions. The following may apply: The City is a party to an intergovernmental agreement with the other organization. The City has a financial tie to the organization. A City Councilmember serves as a liaison or board member to that organization. Next Steps During the December 5, 2023 regular Council meeting, Council will consider a City Code change to add an ex-officio seat to the Affordable Housing Board for a Housing Catalyst representative. Active Modes Advisory Board will discuss further the direction from Council and determine their ex-officio needs. If any City Code changes are recommended, it can be considered during the December 5, 2023 regular Council meeting or at a different time. Clerk’s Office will work with staff liaisons to encourage boards and commissions to include in their work plans an assessment of whether an ex-officio member is needed utilizing the established criteria. Any other Code changes related to ex-officio seats will be considered after boards finish their work plans and consider whether ex-officio members are recommended. DocuSign Envelope ID: AEDAB76F-E003-42D4-94C6-6FEAF10F350E City Clerk 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk MEMORANDUM DATE: November 9, 2023 TO: Honorable Mayor and City Councilmembers FROM: Anissa Hollingshead, City Clerk RE: Ordinance Protest and Referendum Process Update No. 2 The form of the referendum petition against Ordinance No. 136, 2023, was approved by the City Clerk on November 8, 2023, making today, November 9 the first day of their 20-day circulation period. The purpose of this memorandum is to provide an update of the known and potential timing of the referendum process at this point. OVERVIEW OF REFERENDUM PROCESS Passage of Ordinance by City Council Notice of Protest filed by registered voter Clerk’s Office provides petition materials Petition representatives submit final form of petitions for circulation City Clerk approves petition for circulation Petition circulated by petition representatives Submitted petition examined for sufficiency by City Clerk Protest period and any protest process must be completed before a petition can be certified Clerk certifies petition as sufficient or insufficient to Council Sufficient petition returns ordinance to Council for repeal or placement on the ballot Current Step Process to date There is also a chart included at the end of this packet for easy reference that shows each step in the referendum process and its associated timing. COMPLETED ON 10-27-2023: Petition Representatives file a notice of protest against the going into effect of an ordinance Timeframe: This must be done within 10 calendar days of the adoption of an Ordinance being protested. This notice of protest against the going into effect of Ordinance No. 136, 2023, was filed on Friday, October 27, 2023, the tenth day after its adoption. COMPLETED ON 11-3-2023: Clerk’s Office provides referendum petition materials Timeframe: This must be done in a timely manner that allows the petition representatives to meet their 10-day deadline to submit the final form petitions planned for circulation Once the notice of protest was received, the Clerk’s Office began working with the petition representatives to get their general statement of purpose and information about any petition representatives to prepare the form of the petition, which in this instance also included a separate bound exhibit book containing the full ordinance exhibits. Printing for the exhibit book had to be outsourced and took multiple days. The Clerk’s Office prepared the number of petition sections and exhibit books requested by the petition representatives and provided those to the petition representatives the afternoon of Friday, November 3, 2023. COMPLETED ON 11-6-2023: Petition representatives submit final form of petitions for circulation Timeframe: Deadline is 10 calendar days after the date the notice of protest is filed – by Monday, November 6, 2023 The petition representatives separately numbered each petition section provided to them from the City Clerk’s Office for circulation. They then submitted those final petition forms, fully assembled and numbered, back to the City Clerk’s Office the morning of Monday, November 6, 2023. COMPLETED ON 11-8-2023: City Clerk approves petition for circulation Timeframe: No timeline specified; best practice normally identified as 1-5 working days, in this instance anticipating 3-7 working days given volume of materials in each petition packet for circulation Each section of the final petition forms provided back to the Clerk’s Office and each bound exhibit were reviewed page by page by City Clerk staff to ensure completeness with nothing removed or added. This review was finished allowing the City Clerk to approve the final form of the petition to be circulated for signature the afternoon of Wednesday, November 8. During the 20-day circulation period, petition representatives may request additional petition sections be produced, which follow the same process of being provided for the representatives for numbering before being returned to the Clerk for approval for circulation. Doing this does not change the circulation period. IN PROGRESS AS OF 11-9-2023: Circulation period Timeframe: Starts once City Clerk approves petition for circulation and lasts for 20 calendar days The first day of the 20-day circulation period is Thursday, November 9, 2023. Petition representatives will have up to 20 calendar days to circulate the petition and collect signatures from registered voters in Fort Collins. LIKELY TO BE 11-28-2023: Completed petition must be filed with the City Clerk Timeframe: Deadline is 11-28-2023, 20 days after the Clerk approves the petition for circulation Completed petitions must be submitted to the City Clerk’s Office as a single instrument by 5 p.m. on the 20th day after the Clerk approved the petition for circulation, which will be Tuesday, November 28, 2023. LIKELY TO START 11-29-2023: Examination of submitted petition Timeframe: Clerk must complete review in 5 working days Once the complete petition is submitted to the Clerk’s Office, it will be examined for sufficiency. The City Clerk has five working days to complete this process. The first step taken when a complete petition is submitted is to ensure a sufficient number of signatures are included to reach the minimum threshold required for the petition as a whole to be valid prior to an examination of validity of individual signatures. In this instance, there must be at least 4,223 signatures submitted for the petition to be valid and for the Clerk’s Office to begin reviewing each individual signature to ensure it is from a registered voter in Fort Collins. Examination of petitions includes the review of submitted names, addresses, and signatures to ensure each signature is from a Fort Collins resident registered to vote at the time they signed the petition under the name and address listed in the petition. There must be 4,223 valid signatures for the petition to be deemed sufficient. Outline of Protest Provisions and Related Timing Before a petition can be certified as sufficient to the City Council, either the period allowed for filing a protest must expire or any protests filed must be resolved. Written protests can be filed by any Fort Collins registered voter of the City Clerk’s determination that a petition is either sufficient or insufficient within 10 days of the filing of the petition. The City Clerk must set a time for hearing any protest not more than 7 days after it is filed. • A protest hearing must be completed within 30 days after the petition is filed • Results must be decided and certified within 10 days after the conclusion of the hearing If a Petition is Found Insufficient If the City Clerk’s initial determination is a petition is insufficient it can be amended to submit additional signatures, but only within the same initial 20-day circulation period – there is no additional cure period for referendum petitions. • A petition that is found insufficient, assuming no protest is filed against that finding, ends the referendum process and does not impact the effective status of the protested ordinance. Friday, December 8, 2023, is the latest date a certification of insufficiency would be made in the absence of any protest proceedings. If a Petition is Found Sufficient At the point the City Clerk certifies a petition as sufficient, either at the expiration of the 10- calendar day protest period or the conclusion of the process if a protest is filed: 1. The Clerk presents the petition to the City Council, automatically suspending the operation of the ordinance subject to the petition. 2. The Council must reconsider the ordinance at its next regular or special meeting. If the Council does not repeal the ordinance, it must refer the ordinance to the voters at the next regular or special city election scheduled for any other purpose, or may call a special election for that purpose. • A petition that is found sufficient can be certified after the expiration of the protest period assuming no protest is filed against that finding. The certification of the petition as sufficient does suspend the operation of the protested ordinance. It is anticipated the latest this would occur would be Friday, December 8, 2023, in the absence of any protest proceeding. At this time, the next planned regular or special meeting after that date would be Tuesday, December 19, 2023. Attachments being provided with this memo include: 1. Form of Petition approved for circulation 2. Supplemental Instructions for Circulation provided to petition representatives 3. Chart with Outline and Timeline of the Referendum Process through Examination of Sufficiency cc: City Manager Kelly DiMartino City Attorney Carrie Daggett Deputy City Manager Tyler Marr Assistant City Manager Rupa Venkatesh Petition Section No. _______ PETITION FOR REFERENDUM TO: The City Council of the City of Fort Collins GENERAL STATEMENT OF PURPOSE WARNING: IT IS AGAINST THE LAW for anyone to sign any referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF THE STATE OF COLORADO AND A RESIDENT OF THE CITY OF FORT COLLINS AND REGISTERED TO VOTE IN FORT COLLINS MUNICIPAL ELECTIONS. Do not sign this petition unless you have read or had read to you the proposed referred measure or the summary of the referred measure in its entirety and understand its meaning. PETITION REPRESENTATIVES (not less than 3, no more than 5) Name Address 1. Ross Cunniff 2267 Clydesdale Dr, Fort Collins, CO 80526 2. Dawn Cramer 604 Smith St, Fort Collins, CO 80524 3. Melissa Abrams 3819 Harbor Walk Ln, Fort Collins, CO 80525 4. 5. NOTE: Throughout its circulation, each petition section shall contain or have attached immediately following this page the ordinance sought to be referred. Preserve Fort Collins is petitioning to repeal, in its entirety, "Ordinance No. 136, 2023 of the Council of the City of Fort Collins repealing and reenacting Section 29-1 of the Code of the City of Fort Collins to adopt the revised Land Use Code and separately codifying the 1997 Land Use Code as the "Pre-2024 Transitional Land Use Regulations"". EXA M P L E ORDINANCE NO.136,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE REVISED LAND USE CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS THE PRE-2024 TRANSITIONAL LAND USE REGULATIONS” WHEREAS,the City of Fort Collins,as a home-rule municipality,is authorized by Article XX,Section 6 of the Colorado Constitution,the provisions of state statutes,and its City Charter to develop and implement policies and ordinances regulating the development of land within the City;and WHEREAS,on March 18,1997,by adoption of Ordinance No.051,1997,the Fort Collins City Council adopted the Land Use Code referred to in Section 29-1 of the City Code,which was subsequently amended and on December 2,1997,by adoption of Ordinance No.190,1997,the City repealed the Land Use Code so adopted and reenacted the Land Use Code dated December 12,1997 (referred to herein as the “1997 Land Use Code”);and WHEREAS,since adoption of the 1997 Land Use Code,the City Council adopted Resolution 2019-048 on April 16,2019 (later ratified by Ordinance No.040,2020)adopting a major update of the comprehensive master plan for the City and its additional components and elements such as the Master Street Plan and subarea plans (the “2019 City Plan”);and WHEREAS,on March 2,2021,by adoption of Ordinance No.033,2021,City Council adopted the Housing Strategic Plan as an element of the City’s comprehensive plan establishing a goal that all residents have healthy stable housing they can afford and listing 26 housing strategies proposed for implementation to progress toward that goal;and WHEREAS,the City commissioned the Land Use Code Audit dated January 2020 to align the 1997 Land Use Code with adopted City plans and policies with a focus on housing-related changes,code organization,and equity;and WHEREAS,changes to the 1997 Land Use Code to implement the 2019 City Plan and the Housing Strategic Plan goals of improving housing supply and affordability are desired;and WHEREAS,in preparation for a future comprehensive review and rewrite of the 1997 Land Use Code as contemplated in the 2019 City Plan,reorganization of the 1997 Land Use Code to consolidate standards,eliminate repetition,simplify language,and increase user-friendliness is also desired;and WHEREAS,in light of the proposed changes to the 1997 Land Use Code,the anticipated future comprehensive review and rewrite,and to better describe its purpose,the code replacing the 1997 Land Use Code is known as the Land Use Code;and WHEREAS,City Council adopted a prior version of the Land Use Code known as the Land Development Code on second reading of Ordinance No.114,2022;and 1 EX A M P L E WHEREAS,City Council repealed Ordinance No.114,2022,through Ordinance No.007, 2023,after receiving a certified referendum petition regarding Ordinance No.114,2022;and WHEREAS,City staff conducted extensive public outreach regarding the Land Use Code in response to issues raised by community members including mailing a City wide postcard, conducting public meetings both remote and in person upon request while offering interpreting services during such meetings,hosting a deliberative fomm and a separate open house,making recordings of public meetings available,conducting neighborhood specific walking tours, answering questions in person and by email,maintaining a website with the latest information in the process,outreach to City boards and commissions including the Planning and Zoning Commission,Historic Preservation Commission,Transportation Board,Affordable Housing Board,and multiple Council work sessions;and WHEREAS,based upon the additional public outreach and City Council feedback,City staff has drafted a revised version of the Land Use Code;and WHEREAS,on September 27,2023,the Planning and Zoning Commission on a 4-1 vote Haefele Nay)recommended that City Council adopt the Land Use Code as presented by City staff;and WHEREAS,the Land Use Code,effective January 1.2024,will replace the 1997 Land Use Code in its entirety;and WHEREAS,City Council has determined that the 1997 Land Use Code shall be separately codified as the “Pre-2024 Transitional Land Use Regulations”and limited in their application to the review of pending land development applications submitted and determined to be complete and ready for review pursuant to Land Use Code Section 2.2.4 prior to the effective date of the Land Use Code adopted pursuant to this Ordinance;and WHEREAS,City Council has determined that adoption of the Land Use Code is appropriate to accomplish the goals set forth above and is in the best interests of the residents of the City. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That Section 29-1 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec.29-1.-Cross reference to Land Use Code The Land Use Code,as adopted by Ordinance No.136,2023,shall be codified separately from the Code of the City of Fort Collins and,although not a numbered Chapter of the Code of the City of 2 EX A M P L E Fort Collins,is a part of the Code of the City of Fort Collins with the same legal significance as though it were a numbered Chapter.The Land Use Code may be used,as applicable,to support the implementation of the Code of the City of Fort Collins,and the Code of the City of Fort Collins may be used,as applicable,to support the implementation of the Land Use Code. Section 3.That the Land Use Code attached hereto and incorporated herein by this reference as Exhibits “A”through Exhibit “G”,with each exhibit corresponding to a separate Land Use Code Article 1 through Article 7 respectively,is hereby adopted and shall be codified separately from the Code of the City of Fort Collins. Section 4.That the 1997 Land Use Code is hereby repealed and separately codified as the “Pre-2024 Transitional Land Use Regulations”and shall be limited in its application to the review of pending land development applications submitted and determined to be complete and ready for review pursuant to the Pre-2024 Transitional Land Use Regulations Section 2.2.4 prior to the effective date of the Land Use Code as set forth in this Ordinance. Section 5.That the Land Use Code shall be effective for all land development applications submitted on or after January 1,2024. Section 6.That after the Land Use Code effective date,all references to the Land Use Code in the Code of the City of Fort Collins and City Council administratively adopted policy, planning,regulatory,and other documents including,but not limited to,the 2019 City Plan,the Larimer County Urban Area Street Standards,the Stormwater Criteria Manual,Dust Prevention and Control Manual shall be interpreted to refer to the appropriate provisions of the Land Use Code until conforming changes can be made. Section 7.That the water adequacy determination provisions that City Council adopted through Ordinance No.117,2023,on second reading on September 19,2023,shall be incorporated into the Land Use Code with appropriate renumbering of sections and references as follows: a.Amendments to 1997 Land Use Code Section 3.7.3 shall be incorporated into Land Use Code Section 5.7.3; b.New Division 3.13 added to the 1997 Land Use Code shall be incorporated into Land Use Code Article 5 as Division 5.17;and c.New definitions added to 1997 Land Use Code Article 5 shall be incorporated alphabetically into Land Use Code Article 7. Section 8.That the oil and gas buffer code language that City Council adopted through Ordinance No.116,2023,on second reading on September 19,2023,shall be incorporated into the Land Use Code with appropriate renumbering of sections and references as follows: a.Amendments to 1997 Land Use Code Section 3.8.26 shall be incorporated into Land Use Code Section 5.10.2; b.New Section 3.8.36 added to the 1997 Land Use Code shall be incorporated into Land Use Code ArticleS as Section 5.10.3;and c.New definitions added to 1997 Land Use Code Article 5 shall be incorporated alphabetically into Land Use Code Article 7. 3- EX A M P L E Section 9. 7 and Section 8,all That in relation to the incorporation of the provisions described in Section necessary renumbering of internal Land Use Code references shall be made. Introduced,considered favorably on first reading and ordered published this 3rd day of October,2023,and to be presented for day of October,2023. 41 AEfl’EST: City Clerk Passed and adopted on tober,2023. 4’~1’W, KITES City Clerk EX A M P L E The circulator carrying this pe��on sec�on has been provided with a bound copy of Exhibits A through G (collec�vely known as the Land Use Code) for your review, if you desire, prior to signing this pe��on. The contents of the bound copy can also be found online at htps://fcgov.com/elec�ons/referendums EX A M P L E DO NOT SIGN THIS PETITION UNLESS YOU ARE A RESIDENT OF FORT COLLINS AND REGISTERED TO VOTE AT YOUR CURRENT ADDRESS Before signing this petition, you are encouraged to read the full text of the initiated or referred measure, or the purpose statement in the case of a recall petition, which immediately precedes these signature pages. Page 1 of Petition Section #_______ 1 Signature Residence Address (Street and Number) Date Signed Printed Name City 2 Signature Residence Address (Street and Number) Date Signed Printed Name City 3 Signature Residence Address (Street and Number) Date Signed Printed Name City 4 Signature Residence Address (Street and Number) Date Signed Printed Name City 5 Signature Residence Address (Street and Number) Date Signed Printed Name City 6 Signature Residence Address (Street and Number) Date Signed Printed Name City 7 Signature Residence Address (Street and Number) Date Signed Printed Name City 8 Signature Residence Address (Street and Number) Date Signed Printed Name City 9 Signature Residence Address (Street and Number) Date Signed Printed Name City 10 Signature Residence Address (Street and Number) Date Signed Printed Name City EX A M P L E DO NOT SIGN THIS PETITION UNLESS YOU ARE A RESIDENT OF FORT COLLINS AND REGISTERED TO VOTE AT YOUR CURRENT ADDRESS Before signing this petition, you are encouraged to read the full text of the initiated or referred measure, or the purpose statement in the case of a recall petition, which immediately precedes these signature pages. Page 2 of Petition Section #_______ 11 Signature Residence Address (Street and Number) Date Signed Printed Name City 12 Signature Residence Address (Street and Number) Date Signed Printed Name City 13 Signature Residence Address (Street and Number) Date Signed Printed Name City 14 Signature Residence Address (Street and Number) Date Signed Printed Name City 15 Signature Residence Address (Street and Number) Date Signed Printed Name City 16 Signature Residence Address (Street and Number) Date Signed Printed Name City 17 Signature Residence Address (Street and Number) Date Signed Printed Name City 18 Signature Residence Address (Street and Number) Date Signed Printed Name City 19 Signature Residence Address (Street and Number) Date Signed Printed Name City 20 Signature Residence Address (Street and Number) Date Signed Printed Name City EX A M P L E DO NOT SIGN THIS PETITION UNLESS YOU ARE A RESIDENT OF FORT COLLINS AND REGISTERED TO VOTE AT YOUR CURRENT ADDRESS Before signing this petition, you are encouraged to read the full text of the initiated or referred measure, or the purpose statement in the case of a recall petition, which immediately precedes these signature pages. Page 3 of Petition Section #_______ 21 Signature Residence Address (Street and Number) Date Signed Printed Name City 22 Signature Residence Address (Street and Number) Date Signed Printed Name City 23 Signature Residence Address (Street and Number) Date Signed Printed Name City 24 Signature Residence Address (Street and Number) Date Signed Printed Name City 25 Signature Residence Address (Street and Number) Date Signed Printed Name City 26 Signature Residence Address (Street and Number) Date Signed Printed Name City 27 Signature Residence Address (Street and Number) Date Signed Printed Name City 28 Signature Residence Address (Street and Number) Date Signed Printed Name City 29 Signature Residence Address (Street and Number) Date Signed Printed Name City 30 Signature Residence Address (Street and Number) Date Signed Printed Name City EX A M P L E Petition Section No. _______ AFFIDAVIT OF PETITION CIRCULATOR STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss. ) CITY OF FORT COLLINS ) The undersigned petition circulator, being first duly sworn and upon oath, states that he or she is eighteen (18) years of age or older; that he or she personally circulated the attached petition; that each signature thereon is the signature of the person whose name it purports to be; that to the best of the knowledge and belief of the affiant each of the persons signing said petition was, at the time of signing, a registered elector in the City of Fort Collins; that each signer had an opportunity before signing to read the full text of the petition; including the full text of the Ordinance and all exhibits (separately contained in a bound book numbered ______) to it; and that the petition circulator has not paid or will not in the future pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix his or her signature to such petition. AFFIANT: _________________________________________ Signature of Petition Circulator _________________________________________ Printed Name of Petition Circulator _________________________________________ Street Address of Petition Circulator _________________________________________ City / State _________________________________________ Date Subscribed and sworn to before me this _______ day of ____________________, _______. _________________________________________ Notary Public _________________________________________ Address of Notary Public EX A M P L E INSTRUCTIONS REGARDING THE REFERENDUM PETITION CIRCULATION PROCESS RELATING TO ORDINANCE NO. 136, 2023 The purpose of this document is to provide information to the petition representatives that can also be shared with petition circulators to ensure an understanding of the expectations of the City Clerk’s Office regarding the circulation and potential submission of a complete petition in the protest of Ordinance No. 136, 2023. This information is believed to be accurate and in compliance with the City Charter and Code. It is not intended to serve as legal advice. In all matters, the City Charter and the City Code are the authority on all aspects of the referendum petition process. The pe��on form approval for the current referendum pe��on effort regarding Ordinance No. 136, 2023, is being issued today, Wednesday, November 8, 2023. This approval marks the start of the 20-day circula�on period for the pe��on, which must conclude with the full submission of the pe��on by 5 p.m. on Tues day, November 28, 2023. As part of this referendum pe��on process, there are two parts of the pe��on for circula�on that must be kept together at all �mes during the solicita�on and collec�on of any signatures on each pe��on sec�on. 1. Pe��on Sec�ons: Each sec�on consists of • Page 1, addressing the pe��on for referendum to the City Council of the City of Fort Collins, and including a general statement of purpose as provided by the pe��on representa�ves, the warning required in the City Charter, and the names and addresses of the three pe��on representa�ves. • Pages 2-5, the full text of Ordinance No. 136, 2023, excluding any exhibits. • Page 6, containing a no�ce that the circulator of the sec�on has a bound copy of Exhibits A through G of the ordinance for review by those being asked to sign. • Pages 7-9 for pe��on sec�ons printed for 30 signatures, Pages 7-11 for sec�ons printed for 50 signatures, and Pages 7-16 for sec�ons printed for 100 signatures, containing signature pages for those wishing to sign the pe��on. • Page 10 (or 12, or 17), containing space for the notarized affidavit of the pe��on circulator that must be completed by the individual who circulates that sec�on. 2. Exhibit Books Each exhibit book is spiral bound, with a clear plas�c front cover and black vinyl back cover. Each book contains: • 539 numbered color-printed pages containing exhibits A-G to Ordinance No. 136, 2023, comprising the Land Use Code adopted on October 17, 2023. • A label assigning the book a sequen�al 3-digit number, star�ng with Book #001, along with a no�ce the book must remain in the custody of the circulator and returned to the pe��on representa�ves with completed pe��on(s). The pe��on form approval records every pe��on sec�on approved and provided to the pe��on representa�ves for circula�on, along with the numbers of the exhibit books provided to the representa�ves. REQUIREMENTS EACH CIRCULATOR MUST FOLLOW FOR EVERY PETITION SECTION THEY CIRCULATE FOR SIGNATURES: • Be at least 18 years of age or older • Personally circulate the pe��on sec�on • Ensure each signature is the signature of the person whose name it purports to be • Ensure to the best of their knowledge and belief each person signing the pe��on is a registered elector (voter) in Fort Collins when they sign • Ensure each signer has an opportunity before signing to read the full text of the en�re pe��on, including both the pe��on sec�on AND the exhibit book • Any �me they are circula�ng a pe��on sec�on for signatures, always carry their assigned exhibit book and have it available for review • Not pay or agree to pay in the future, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the person to sign the pe��on Every pe��on sec�on includes an affidavit on its final page that must be completed by the person who circulated that sec�on, ates�ng to adherence to each of the above requirements affirmed by the circulator’s notarized signature. This affidavit must remain atached to the rest of the pe��on sec�on. The pe��on sec�ons and exhibit books should be treated as two equal parts of the pe��on for circula�on by the pe��on representa�ves and circulators. The only differen�a�on between the two is that one exhibit book should be provided to each circulator, while a circulator may be provided and may return mul�ple pe��on sec�ons. • All approved pe��on sec�ons should be returned to the City Clerk’s Office as part of the final complete pe��on submited. • All exhibit books provided to the pe��on representa�ves should also be returned to the City Clerk’s Office at the �me the final complete pe��on is submited. • It is the responsibility of the pe��on representa�ves to: o assign an exhibit book to each circulator who is provided pe��on sec�ons for circula�on, and to track which number exhibit book has been assigned to each circulator; o ensure all circulators clearly understand they must maintain both all pe��on sec�ons they are provided and the exhibit book in the condi�on it was provided, without removing or adding any pages to either document, and without making extraneous markings or notes on either document; o ensure all circulators clearly understand the exhibit book must be carried and available to those being asked to sign at all �mes a pe��on sec�on is being circulated. • Please note any modifica�on of a pe��on sec�on or an accompanying exhibit book could result in invalida�on of signatures. Outline and Timeline of the Referendum Process through Examination of Sufficiency Written protests can be filed by any registered voter Deadline: 10 days from filing of the petition Will be known once a completed petition is filed Clerk examines petitions for sufficiencyDeadline: 5 working days after submission of petition(s) Will be known once a completed petition is filed Completed petition must be filed with the Clerk Deadline: 20 days after approval of final petition forms Deadline: Tues. Nov. 28, 2023 City Clerk approves petitions for circulation No timing specified Completed Wed. Nov. 8 Petition representatives must submit the final form of the referendum petitions they plan to circulate Deadline: Mon. Nov. 6, 2023 Submitted Mon. Nov. 6 City Clerk's Office formats and provides those filing the protest with referendum petition materials Within 10 day period for petition representatives to present form of petition to Clerk for approval Provided Fri. Nov. 3 One or more registered voters file a notice of protest with City Clerk against the going into effect of the ordinance Deadline: Fri. Oct. 27, 2023 Notices of protest filed Fri. Oct. 27, 2023 Passage of ordinances relating to the adoption of the Land Development Code Time Point: Occurred Tues. Oct. 17, 2023 Ordinance No. 136, 2023 adopted