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HomeMy WebLinkAbout06/12/2020 - Planning And Zoning Board - Agenda - Work Session* Work session times are approximate and are subject to change without notice. Jeff Hansen, Chair Virtual Meeting Michelle Haefele, Vice Chair 281 N. College Avenue Michael Hobbs Fort Collins, Colorado Per Hogestad 80524 David Katz Jeff Schneider William Whitley Planning and Zoning Hearing will be held on Thursday, June 18, 2020, in City Hall Chambers. Regular Work Session June 12, 2020 Virtual Meeting Noon – 1:45 pm Planning and Zoning Board Work Session Agenda Participation for this remote Planning and Zoning Board work session will be available online or by phone. No one will be allowed to attend in person. Public Attendance (Online): Individuals who wish to attend the Planning and Zoning work session via remote public participation can do so through Zoom at https://zoom.us/j/96063031154. Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 11:45 a.m. on June 12, 2020. Attendees should try to sign in prior to 12:00 p.m. if possible. In order to attend: 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. If you have any technical difficulties during the hearing, please email smanno@fcgov.com. Public Attendance (Phone): If you do not have access to the internet, you can call into the work session via phone. Please dial: 346-248-7799 or 669-900-9128, with Webinar ID: 960 6303 1154. (Continued on next page) Packet Pg. 1 City of Fort Collins Page 2 TOPICS: PROJECTED TIMES: Consent: 1. February Hearing Draft Minutes 2. February Special Meeting Draft minutes 3. May Hearing Draft Minutes 4. Spring Canyon Park Equipment Shed Minor Amendment (Beals) 12:00 – 12:10 Discussion: 5. Mosaic Condos PDP200003 (Wray) 6. Waterglen Solar Array PDP190010 (Kleer) 12:10 – 1:10 Policy and Legislation: • Land Use Code changes for Manufactured Housing zone district (Mounce) 1:10 – 1:40 Board Topics: • Transportation Board Liaison Update (York) 1:40 – 1:45 The meeting will be available beginning at 11:45 a.m. Please call in to the meeting prior to 12:00 p.m., if possible. Once you join the meeting: keep yourself on muted status. If you have any technical difficulties during the meeting, please email smanno@fcgov.com. The June 18 Planning and Zoning Board regular meeting will be held remotely and not in-person. Information on remotely participating in the June 18 Planning and Zoning regular meeting is contained in the agenda for the June 18 meeting available at https://www.fcgov.com/cityclerk/planning-zoning.php. Members of the public wishing to submit documents, visual presentations, or written comments for the Board to consider regarding any item on the agenda must be emailed to smanno@fcgov.com at least 24 hours prior to the June 18 meeting. As required by City Council Ordinance 061, 2020, a determination has been made that holding an in-person hearing would not be prudent and that the matters to be heard are pressing and require prompt consideration. The written determination is contained in the agenda materials. Packet Pg. 2 Development Review Staff Report Agenda Item X Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Board: June 18, 2020 Manufactured Housing Land Use Code Changes Summary of Request This is a request for a recommendation to City Council regarding proposed Land Use Code changes to create a new Manufactured Housing zone district. The proposed Land Use Code changes include new zone district standards, updated definitions, and numerous references located throughout the code. Next Steps The Planning and Zoning Board’s recommendation will be forwarded to City Council as part of their consideration on the adoption of the proposed Land Use Code changes. Applicant City of Fort Collins PO Box 580 Fort Collins, CO 80522 Staff Ryan Mounce, City Planner Contents 1. Project Introduction .................................... 2 2. Summary of Proposed LUC Changes ....... 3 3. Public Outreach ......................................... 5 4. Recommendation ....................................... 5 5. Attachments ............................................... 5 Staff Recommendation Approval Packet Pg. 3 P&Z - Agenda Item X Manufactured Housing Land Use Code Changes Thursday, June 18, 2020 | Page 2 of 5 Back to Top 1. Project Introduction A. BACKGROUND Manufactured housing communities and manufactured homes are a unique type of housing and among the most affordable housing options in the community. The Fort Collins City Council has identified manufactured housing preservation as a priority, and in August 2019 initiated a one year moratorium on the City’s acceptance of development applications that would result in the loss of manufactured housing units in manufactured housing communities while additional preservation and residents’ rights strategies are explored. One preservation strategy identified is the development of a new manufactured housing zone district which would promote City policies and goals to maintain and preserve existing manufactured housing communities. The development of new manufactured housing is rare and over the past several decades five manufactured housing communities have closed, primarily due to redevelopment, resulting in the loss of hundreds of some of the most affordable housing units in the community. The proposed Manufactured Housing (M-H) District is a brand new zoning district intended to help promote the preservation of the City’s remaining manufactured housing communities by ensuring these land uses are located in a zone district where manufactured housing is both encouraged and preserved by limiting other permitted land uses that reduce the likelihood of closures resulting from redevelopment. Prior to 1997, the City previously had two mobile home park zone districts, and the new manufactured housing zone district shares many similarities with these former districts in terms of both permitted land uses and development standards. While this item is solely for the Planning and Zoning Board’s recommendation to City Council for Land Use Code changes to implement the new zone district, additional conversations, meetings, and hearings are anticipated later this year to consider the rezoning of certain properties to the new zone district if and when it is established. B. COMPREHENSIVE PLAN & CITY POLICY ALIGNMENT In addition to a City Council priority, the preservation of manufactured and affordable housing is prominent within the policies and goals of the recent update to City Plan, Fort Collins’ comprehensive plan. Key policies from City Plan that align with these proposed code changes include: Policy LIV 6.4 – Permanent Supply of Affordable Housing Create and maintain an up-to-date inventory of affordable housing in the community. Pursue policy and regulatory changes that will encourage the rehabilitation and retention of affordable housing in perpetuity. Policy LIV 6.9 – Prevent Displacement Build the capacity of homeowner groups, affordable housing providers and support organizations to enable the purchase, rehabilitation and long-term management of affordable housing. Particular emphasis should be given to mobile home parks located in infill and redevelopment areas. Policy LIV 6.9 – Mitigate Displacement Consider mitigation strategies to assist residents displaced through the closure of manufactured housing parks or conversion of rental apartments, including single-room occupancy units, to condominiums or other uses. In addition to these City Plan policies, in 2013 the City completed the Affordable Housing Redevelopment and Displacement Mitigation Strategy report. Among its recommendations was the development and implementation of a new manufactured housing zoning district for manufactured housing communities that serve as significant sources of affordable housing. Much of the recent outreach and work developing these proposed code amendments relate to this previous study and its recommendations. Packet Pg. 4 P&Z - Agenda Item X Manufactured Housing Land Use Code Changes Thursday, June 18, 2020 | Page 3 of 5 Back to Top 2. Summary of Proposed LUC Changes The complete list of Land Use Code changes and additions may be found in Attachment 1, and includes a new division in Article 4, Division 4.11 Manufactured Housing District (M-H), as well as numerous changes and alterations to reference the new zone M-H zone district. A summary of the new standards for the M-H zone district include: 1. Permitted Uses The permitted uses in the new zone district are proposed to be more limited than other residential mixed-use districts in the community, with a primary emphasis on manufactured housing communities as a primary land use while also permitting other supportive or complementary land uses to this type of residential development, such as parks, recreational facilities, childcare centers, and places of worship. The complete list of proposed land uses permitted in the new zone district include: Land Use Review Process Shelters for victims of domestic violence Basic Development Review Accessory buildings Basic Development Review Accessory uses Basic Development Review Urban agriculture Basic Development Review Wireless telecommunications equipment Basic Development Review Neighborhood parks as defined by the Parks and Recreation Policy Plan Basic Development Review Manufactured housing community Administrative Review Group homes for up to eight (8) developmentally disabled or elderly persons Administrative Review Extra occupancy rental houses with four (4) or more tenants Administrative Review Places of worship or assembly Administrative Review Minor public facilities Administrative Review Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan Administrative Review Community facilities Planning & Zoning Board Review Neighborhood support/recreational facilities Planning & Zoning Board Review Seasonal overflow shelters Planning & Zoning Board Review Packet Pg. 5 P&Z - Agenda Item X Manufactured Housing Land Use Code Changes Thursday, June 18, 2020 | Page 4 of 5 Back to Top 2. Land Use & Dimensional Standards The proposed M-H zone district includes several land use and dimensional standards that set a base level for safety, intensity of uses, and general compatibility. As the new zone district is anticipated primarily for existing manufactured housing development, the proposed standards also seek to minimize nonconformities by generally conforming with existing patterns of development found in manufactured housing communities across the City. The proposed standards include:  A maximum density of 12 dwelling units per gross acre;  A minimum 15-ft required front setback for buildings in a manufactured housing community;  A minimum 10-ft required side and rear setback for buildings in a manufactured housing community;  A minimum 10-ft separation distance between manufactured homes and other buildings;  A maximum building height of 3-stories;  A maximum building footprint size of 5,000 square feet for nonresidential uses;  A minimum of one off-street parking space for each manufactured housing unit. 3. Definitions Two existing Land Use Code definitions for ‘mobile home’ and ‘mobile home park’ are proposed to be updated and substituted with two new terms, ‘manufactured home’ and ‘manufactured housing community’ to better align Land Use Code terminology with state and federal definitions for this type of housing, to define a minimum size for a manufactured housing communities, and to specify certain types of allowable accessory uses that are common to manufactured housing communities. The proposed definitions include: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. 4. Miscellaneous Changes In creating a new zone district, it is also necessary to make numerous additions throughout the Land Use Code to reference the new zone district or define its inclusion in geographic or performance-based standards. Examples include the addition of the new zone district as requiring City Council approval for the addition of a permitted use process and classifying the new zone district in relation to sign code standards and regulations. Packet Pg. 6 P&Z - Agenda Item X Manufactured Housing Land Use Code Changes Thursday, June 18, 2020 | Page 5 of 5 Back to Top 3. Public Outreach Community outreach on the proposed zone district and Land Use Code changes has included small group meetings and one-on-one conversations with manufactured housing owners, managers, and residents. In addition, presentations and meetings have also been held with:  Affordable Housing Board (February 2020)  City Council (December 2019 & April 2020 work sessions)  Mi Voz (April 2020 virtual meeting)  Chamber of Commerce Local Legislative Affairs Committee (May 2020 virtual meeting) City staff’s notes and summaries from these meetings can be found in Attachment 2. General comments from outreach on the new zone district includes:  General support from a resident perspective; the new zone district may help reduce the fear and stress of abrupt community closure that results from redevelopment.  Concerns the zone district is overtly strict and does not allow enough opportunities for future changes or redevelopment, which may impact the beneficial conversion to other uses, infrastructure upgrades, and creates too large an impact on the property rights of landowners.  The City should be providing additional incentives or programs to help improve long-term infrastructure conditions and the economic viability of existing manufactured housing communities in addition to or as part of the new zone district and potential rezonings. 4. Recommendation Staff recommends the Planning and Zoning Board forward a recommendation to City Council to approve the proposed Land Use Code changes. 5. Attachments 1. Summary of Proposed Land Use Code Changes 2. Engagement and Outreach Summary Notes Packet Pg. 7 Proposed Land Use Code Changes – Manufactured Housing Zone District DRAFT SUBJECT TO FURTHER REVIEW AND REVISION Note: Proposed code additions and amendments are indicated using yellow highlighted text. Code deletions are indicated using strikethrough text. ARTICLE 1 1.3.1 - Establishment of Zone Districts In order to carry out the purposes of this Code, the City is hereby divided into the following zone districts: Rural Lands District (R-U-L) Urban Estate District (U-E) Residential Foothills District (R-F) Low Density Residential District (R-L) Low Density Mixed-Use Neighborhood District (L-M-N) Medium Density Mixed-Use Neighborhood District (M-M-N) Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Medium Density District (N-C-M) Neighborhood Conservation, Buffer District (N-C-B) High Density Mixed-Use Neighborhood District (H-M-N) Manufactured Housing District (M-H) Transition District (T) Public Open Lands District (P-O-L) River Conservation District (R-C) Downtown District (D) River Downtown Redevelopment District (R-D-R) Community Commercial District (C-C) Service Commercial District (C-S) Community Commercial - Poudre River District (C-C-R) General Commercial District (C-G) Community Commercial - North College District (C-C-N) Neighborhood Commercial District (N-C) Limited Commercial District (C-L) Harmony Corridor District (H-C) Employment District (E) Industrial District (I) Planned Development Overlay District (PDOD)* 1.3.4 - Addition of Permitted Uses (G) Zones Subject to City Council Addition of Permitted Use Review. The City Council shall make all final determinations regarding any addition of permitted use under subsection (C)(3) with respect to a project located, in whole or in part, in any of the following zone districts: 1. Rural Lands District (R-U-L) 2. Urban Estate District (U-E) Manufactured Housing, Attachment 1 Packet Pg. 8 3. Residential Foothills District (R-F) 4. Low Density Residential District (R-L) 5. Low Density Mixed-Use Neighborhood District (L-M-N) 6. Neighborhood Conservation, Low Density District (N-C-L) 7. Neighborhood Conservation, Medium Density District (N-C-M) 8. Neighborhood Conservation, Buffer District (N-C-B). 9. Manufactured Housing District (M-H). ARTICLE 2 2.3.2 - Overall Development Plan Review Procedures … (H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following criteria: (1) The overall development plan shall be consistent with the permitted uses and applicable zone district standards (Article 4) of all zone districts contained within the boundaries of the overall development plan. The plan shall also be consistent with any zone district standards (Article 4) and general development standards (Article 3) that can be applied at the level of detail required for an overall development plan submittal. Only one (1) application for an overall development plan for any specific parcel or portion thereof may be pending for approval at any given time. Such application shall also be subject to the provisions for delay set out in Section 2.2.11. (2) The overall development plan shall be consistent with the required density range of residential uses (including lot sizes and housing types) with regard to any land which is part of the overall development plan and which is included in the following districts: (a) The Rural Land District (R-U-L). Section 4.1(D)(1). (b) The Urban Estate District (U-E). See Section 4.2(D)(1). (c) The Residential Foothills District (R-F). See Section 4.3(D)(1). (d) The Low Density Mixed-Use Neighborhood District (L-M-N). See Section 4.5(D)(1). (e) The Medium Density Mixed-Use Neighborhood District (M-M-N). See Section 4.6(D)(1). (f) The High Density Mixed-Use Neighborhood District (H-M-N). See Section 4.10(D)(1). (g) The Manufactured Housing District (M-H). See Section 4.11(D)(1). (h) The Community Commercial - North College District (C-C-N). See Section 4.19(D)(1). (i) The Harmony Corridor District (H-C). See Section 4.26(D)(4). (j) The Employment District (E). See Section 4.27(D)(5). Manufactured Housing, Attachment 1 Packet Pg. 9 ARTICLE 3 3.8.6 - Group Home Regulations and Shelters for Victims of Domestic Violence (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements between any other group home (feet)* U-E 3 2,000 8 1,500 R-L, N- C-L, H- C, E, R- F, M-H 3 1,500 8 1,500 L-M-N, N-C-M, R-D-R 6 750 8 1,000 N-C-B, D, C-S, 6 500 8 700 C-C-N, M-M-N, H-M-N, N-C, C-G, C- C, C-L, C-C-R * The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance. Manufactured Housing, Attachment 1 Packet Pg. 10 (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements between any other group home (feet)* L-M-N, N-C-M, M-H 6 750 15 1,000 R-D-R N-C-B, D, C-S, 6 500 20** 700 C-C-N, M-M- N, H-M- N, N-C, C-G, C-C, C- L, C-C- R 3.8.7.1 - Generally … (M) Sign Districts. (1) Generally. In recognition that the City is a place of diverse physical character, and that different areas of the City have different functional characteristics, signs shall be regulated based on sign district in which they are located. (2) Sign Districts Created. The following sign districts are created: Downtown, Commercial/Industrial, Multifamily, Single-Family, and Residential Neighborhood. Sign districts shall correspond to zoning districts as provided in Table (M), Sign Districts. Manufactured Housing, Attachment 1 Packet Pg. 11 Table (M) Sign Districts Sign District Corresponding Zoning Districts Downtown D; R-D-R Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I Mixed-Use L-M-N; M-M-N; H-M-N; N-C Multifamily N-C-M; N-C-B Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C; M-H Residential Neighborhood Sign District See map on file at City Clerk's office. To the extent of any geographic overlap with other sign districts, the Residential Neighborhood Sign District supersedes the overlapped sign district. 3.8.17 - Building Height (A) Measuring Building Height. (1) Building Height Measured in Feet. When measured in feet, building height shall be measured from the average of the finished ground level at the center of all walls of a building or structure to the highest point of the roof surface or structure. (2) Building Height Measured in Stories. In measuring the height of a building in stories the following measurement rules shall apply: (a) A balcony or mezzanine shall be counted as a full story when its floor area is in excess of one-third ( 1 /3) of the total area of the nearest full floor directly below it. (b) No story of a commercial or industrial building shall have more than twenty-five (25) feet from floor to floor. (c) A maximum vertical height of twelve (12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts: U-E; R-F; R-L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C; and H-C; and M-H. Manufactured Housing, Attachment 1 Packet Pg. 12 3.8.23 - Mobile Home Park Manufactured Housing Regulations Mobile Home Parks Manufactured Housing Communities shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the City Code. 3.8.28 - Extra Occupancy Rental House Regulations (A) Extra occupancy rental houses, not including multiple family and single family attached dwellings which shall be governed by Section 3.8.16(E)(2), shall conform to the occupancy limits and separation requirements specified in the following table: Zone Maximum number of permissible residents, excluding occupant family Maximum percentage of parcels per block face that may be used for extra occupancy houses L-M-N One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied No more than twenty-five (25) percent of parcels on a block face may be approved for extra occupancy rental house use. M-M-N, H-M- N, N-C-B, M-H One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied. No limit. D, R-D-R, C-C, C-C-N, C-C-R, C-G, C-N, N-C, C-L-E, I One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied. No limit. R-L, N-C-L, R- F, U-E, N-C-M, H-C, P-O-L, R- C n/a Extra occupancy rental houses not allowed. 3.8.31 - Urban Agriculture (A) Applicability . These standards apply to all urban agriculture land uses, except those urban agriculture land uses that are approved as a part of a site-specific development plan. (B) Purpose . The intent of these urban agriculture supplementary regulations is to allow for a range of urban agricultural activities at a level and intensity that is compatible with the City's neighborhoods. (C) Standards. … Manufactured Housing, Attachment 1 Packet Pg. 13 (3) Notice . At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, M-H, R-C and P-O-L) or if the urban agriculture land use exceeds one-half (0.5) acre in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and, if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Code. Division 4.5 - Low Density Mixed-Use Neighborhood District (L-M-N) … (B)Permitted Uses . (1) The following uses are permitted in the L-M-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: … (3) The following uses are permitted in the L-M-N District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Mobile home parks. Manufactured housing communities. 2. Group homes, other than allowed in subparagraph (2)(a)5 above. 3. Any residential use consisting in whole or in part of multi-family dwellings that contain more than eight (8) units per building, or more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms. Division 4.11 – Manufactured Housing District (M-H) (A) Purpose. The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and nonresidential activities which primarily serve residents of manufactured housing communities. (B) Permitted Uses. (1) The following uses are permitted in the M-H District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Residential Uses: 1. Shelters for victims of domestic violence for up to fifteen (15) residents. (b) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. 2. Wireless telecommunications equipment. (c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, Manufactured Housing, Attachment 1 Packet Pg. 14 approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; however, that such existing use shall constitute a permitted use only on such parcel of property. (e) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following uses are permitted in the M-H District, subject to administrative review: (a) Residential Uses: 1. Manufactured housing community. 2. Group homes for up to eight (8) developmentally disabled or elderly persons. 3. Extra occupancy rental houses with four (4) or more tenants. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Minor public facilities. 3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 2. Adult day/respite care centers. (3) The following uses are permitted in the M-H District, subject to Planning and Zoning Board review: (a) Institutional/Civic/Public Uses: 1. Community facilities. 2. Neighborhood support/recreational facilities. 3. Seasonal overflow shelters. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Direction or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. (D) Land Use Standards. (1) Density. The maximum density of any residential development in the Manufactured Housing District shall be twelve (12) dwelling units per gross acre. (2) Dimensional Standards. Manufactured Housing, Attachment 1 Packet Pg. 15 (a) Minimum front setback between any building and the property line shall be fifteen (15) feet. (b) Minimum side and rear setbacks between any building and the property line shall be ten (10) feet. (c) The minimum distance between manufactured homes or other buildings in a manufactured home park shall be ten (10) feet. (3) Building Height. The maximum building height shall be three (3) stories. (4) Maximum Size. The maximum building footprint for all nonresidential uses shall be five thousand (5,000) square feet. (5) Parking. A minimum of one (1) off-street parking space shall be provided for each manufactured home in a manufactured housing community. Division 4.27 - Employment District (E) … (B) Permitted Uses. … (3) The following uses are permitted in the E District, subject to review by the Planning and Zoning Board: (a) Residential Uses: 1. Single-family detached dwellings located on lots containing no more than six thousand (6,000) square feet. 2. Two-family dwellings. 3. Single-family attached dwellings. 4. Multi-family dwellings. 5. Mobile home parks. Manufactured Housing Communities. 6. Group homes. ARTICLE 5 5.1.2 - Definitions. Mobile home shall mean a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year- round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation. Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured Housing, Attachment 1 Packet Pg. 16 Mobile home park shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. Manufactured Housing, Attachment 1 Packet Pg. 17 Manufactured Housing, Attachment 2 Packet Pg. 18 Manufactured Housing, Attachment 2 Packet Pg. 19 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6134 - fax Planning, Development & Transportation MEMORANDUM DATE: May 1, 2020 TO: Mayor Troxell and City Councilmembers THRU: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Caryn Champine, Director of Planning, Development & Transportation Tom Leeson, Community Development & Neighborhood Services Director FROM: JC Ward, Senior City Planner Ryan Mounce, City Planner RE: April 28, 2020 Work Session Summary – Manufactured Housing Zoning & Residents’ Rights Update At the April 28th City Council Virtual Work Session, Ryan Mounce and JC Ward provided an update on work underway to develop a new manufactured housing zone district and information about recently completed and forthcoming residents’ rights and livability strategies, including the potential for a manufactured housing licensing system. All councilmembers were present for the discussion via video conferencing. The new manufactured housing zone district and additional resident rights and livability strategies are intended to advance Council priorities to preserve manufactured housing, prevent resident displacement, and improve livability and protections available to residents in manufactured housing communities. General discussion and direction from the work session included: Manufactured Housing Zone District & Rezoning Criteria  Continuing to develop and bring forward Land Use Code changes to implement a new manufactured housing zone district as a preservation strategy.  General support for ‘Option A’ for the types of permitted uses that should be included in the new zone district. Discussion reaffirmed the focus of the zone district to specifically preserve manufactured housing and minimize resident displacement, which could remain a partial outcome under ‘Option B.’  Some types of permitted land uses, such as extra occupancy rental houses and primary short term rentals, may not be appropriate in the zone district or create new business models that result in resident displacement.  Review and refine the types of criteria staff may use to recommend sites for inclusion in the new zone district. Criteria such as infrastructure condition could be punishing to residents in certain communities who would otherwise not benefit from the goals of the new zone district. DocuSign Envelope ID: 6C830CF7-EE75-4AA1-9E24-A3E61C7607E5 Manufactured Housing, Attachment 2 Packet Pg. 20 April 28, 2020 Council Work Session Summary Page 2 Manufactured Housing Zoning & Residents’ Rights Update  Several questions or requests for additional information were raised on how the zone district could impact the potential for resident owned communities, as well as how new technologies (3D printing or new modular home systems) could supplement the zone district to improve energy efficiency, building conditions, and levels of overall affordability. Residents’ Rights Strategies & Licensing  General support for research into mobile home community licensing system with additional information and detailed options for Council’s consideration to define the specific livability issues to address, responsible parties, and penalties.  Exploration of mobile home community licensing programs will include analysis of analogous programs in Colorado communities as well as successful regional models. Initial research into mobile home community licensing in Colorado indicated programs akin to business licensing with minimum enforcement authorization rather than a livability/habitability focus supported by compliance staff.  Licensing and other strategies should seek to minimize the pass-thru of costs and fees to residents. Licensing and inspection fee rates should be informed by current costs to residents or park management for addressing livability issues.  The forthcoming mobile home community licensing Council Memo will describe the process Staff will propose to vet licensing program options that will include input from external stakeholders, mobile home community residents, and community partners.  Mobile home neighborhood liaisons and community partners are establishing communication and engagement networks to support discussions of resident owned community models.  Mobile Home Livability and Community-Building Mini-Grant round two funding is currently on hold at the recommendation of PDT Finance as the City assesses 2020 budget and anticipated shortfalls. Next Steps & Follow-up  Staff will resume and continue stakeholder outreach on both the manufactured housing zone district and livability strategies following a pause due to the initial response to COVID- 19.  The new zone district will continue to move towards implementation. Staff anticipates presenting Land Use Code changes for Council’s consideration in early summer following the resumption of Board and Commission meetings and remote quasi-judicial hearings.  Additional residents’ rights and livability strategies and municipal code changes are scheduled for Council consideration in Q3 2020. Draft proposed language was included in Council’s work session documents.  Staff will prepare a memo for Council regarding options and research for a licensing program and additional resident owned community strategies. DocuSign Envelope ID: 6C830CF7-EE75-4AA1-9E24-A3E61C7607E5 Manufactured Housing, Attachment 2 Packet Pg. 21 Attachment 2 – Meeting & Outreach Summaries Meeting Notes & Comment Summary Mi Voz Virtual Meeting – April 17, 2020 New Manufactured Housing Zone District & General Zoning Standards  General support for the new zone district if it will help keep and maintain existing parks/communities.  No marijuana businesses should be permitted in the zone district.  Marijuana businesses are too concentrated nearby and the City should look at limits to how many marijuana businesses can be located near each other, or other important locations (near churches, schools, etc.).  The new zone district should be a benefit for residents rather than only the owners.  Be sure the zone district does not restrict or limit residents who want to sell their homes, especially if owners are not legal residents.  Questions/concern the new zone district could encourage additional economic development.  Goal should be to keep and improve livability for residents. City regulations/enforcement within Manufactured Housing Communities  A need to strike a balance between enforcement and new regulations.  Some new rules the City creates or enforces may impact residents by increasing costs.  Should work alongside the new efforts that the state is adopting and implementing.  The City and state do not always know when new rules or injustices are put in place at mobile home parks.  Concerns about frequent rule changes in parks and a lack of privacy.  Residents expressed the need for leases to be more transparent to city staff. Other/Miscellaneous  Concerns about the location of the proposed homeless services and resource campus nearby. They are proposed both adjacent to existing mobile home park neighborhoods and in close proximity to marijuana businesses.  Desire to have a library that is more accessible to North Fort Collins. Manufactured Housing, Attachment 2 Packet Pg. 22 Attachment 2 – Meeting & Outreach Summaries Meeting Notes & Comment Summary Chamber Local Legislative Affairs Committee - May 29, 2020 Manufactured Housing Zone District  One of the reasons manufactured housing communities can be so affordable is they were not developed to today’s single-family subdivision standards.  The zone district puts too many restrictions on the owners; City should also be offering its own incentives or carrots. o Property owner should be offered or alternatives if they will not be allowed to redevelop their properties. o How could the City partner to keep the parks economically viable in the long-term?  Zone district density maximum should be higher.  City should also be incentivizing higher densities for other types of affordable housing/zone districts.  There should be opportunities for residents and park owners to be able to convert their homes/units to permanent foundations.  Need to be thinking about not only the rights of the property owner but also of the homeowners.  City should be working and partnering with Larimer County for those communities in the GMA. Residents’ Rights Strategies  Could the City offer/create first right of refusal for purchase (promote resident ownership or incentive for new zone district) o Watching legislation at state level for opportunity to purchase provisions  Caution and need to balance enforcement and requirements so costs are not just passed onto residents.  Need for more stakeholders to be involved with any licensing discussion and research. Realtors should be involved and used as a resource.  Urge caution on the licensing front and pay attention to key outcomes and messages from the last time the City explored licensing options several years back. Manufactured Housing, Attachment 2 Packet Pg. 23 1 June 12, 2020 Land Use Code Changes Manufactured Housing Zone District Request  Planning & Zoning Board Recommendation to City Council  Proposed Land Use Code changes:  New Manufactured Housing (M-H) Zone District (Article 4)  Updated definitions/terminology (Article 5)  Numerous references throughout Code (Articles 1-4) 2 1 2 Manufactured Housing, Presentation Packet Pg. 24 2 Background Community Priorities & Policy Environment  Council Priority: Mobile Home Preservation & Residents’ Rights  1-yr moratorium on mobile home park redevelopment (Aug 2019 - Aug 2020)  Updated State legislation (Mobile Home Park Act)  Ongoing need for affordable and attainable housing options Prior Studies  2013 Affordable Housing Redevelopment Displacement Strategy  Previously recommended manufactured housing zone district 3 Zone Development Timeline 4 City Limits Manufactured Home Community GMA Boundary City GMA Total Communities 10 14 24 Home Sites 1,400 2,137 3,537 Manufactured Housing Community (MHC) Locations in the Fort Collins GMA 3 4 Manufactured Housing, Presentation Packet Pg. 25 3 Manufactured Home Living  Manufactured housing represents a significant portion of Fort Collins’ private affordable housing stock  Similar benefits to single family homes:  Privacy  Semi-private outdoor areas  Strong sense of community  Relative affordability 5 Manufactured Home Living Potential drawbacks of manufactured housing:  Divided asset ownership  Difficult & costly to move homes  Power dynamics with operators  Shared utility billing  Sudden community closure 6 5 6 Manufactured Housing, Presentation Packet Pg. 26 4 Strategies used by Colorado Communities  Manufactured Housing Zoning  Accessory Structures Privileges  Utility Billing Transparency  Limitation on the Prohibition of Sales of Manufactured Homes  Limitation on Required Upgrades to Existing Manufactured Homes  Tree Maintenance Responsibilities  Right to Privacy  Retaliation Prohibited  Mediation of Disputes 8 New Zone District Manufactured Housing Zone District  Local tool to preserve existing manufactured housing  Reduces redevelopment options  Tradeoffs & tensions:  Strict vs. flexible standards & effectiveness of preservation  May perpetuate substandard infrastructure  Impact on long-term neighborhood vision  Private property rights 7 8 Manufactured Housing, Presentation Packet Pg. 27 5 Zone Development Timeline 9 City Limits MHC in Residential Zone District MHC in Commercial Zone District Existing Zoning (city limits) Residential Zoning  6 located in Low Density Mixed-Use Neighborhood (LMN) District  1 located in Neighborhood Conservation Buffer (NCB) District Commercial Zoning  2 located in Service Commercial (CS) District Mixed Zoning  1 located in two zone districts (CS & LMN) Former Mobile Home Park Zoning 10 Existing Standards Existing CS & LMN Zoning:  No manufactured housing specific standards  Rely on ‘General Development Standards’ in Land Use Code  Variety of permitted uses and intensities CS LMN  95 permitted uses; mostly commercial  No density maximum  3-story height limit  43 permitted uses; mostly residential  Maximum density of 9 dwelling units/acre (12 if affordable)  3-story height limit 9 10 Manufactured Housing, Presentation Packet Pg. 28 6 New Zone District - Standards 11 Standard Measurement Notes Setbacks (Front): 15-ft (Side): 10-ft (Rear): 10-ft  Common distance for existing development; similar to other residential zoning Unit Separation 10-ft (all directions)  Fire separation requirements Density Maximum 12 units/acre  Modeled after LMN affordable housing standard Height Maximum 3-stories  Existing zoning & site context Building Size Maximum 5,000 sf footprint  Compatibility for nonresidential development Other/misc. Use Article 3 ‘General Development Standards’ New Zone District – Permitted Uses 12 Residential Uses Commercial / Institutional Uses Miscellaneous Uses Manufactured housing community Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Wireless telecommunications equipment 11 12 Manufactured Housing, Presentation Packet Pg. 29 7 Zone District Comparison 13 Standard Similar Zoning (existing) Purpose / Intent Old Town conservation districts (NCL, NCM, NCB), Low Density Residential (R-L) Density Low Density Mixed-Use Neighborhood (LMN) + Height Residential Mixed-Use Districts (LMN / MMN) Permitted Uses Low Density Residential (R-L) New Zone District - Definitions Proposed Definitions: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. 14 13 14 Manufactured Housing, Presentation Packet Pg. 30 8 New Zone District - Definitions Purpose of new definitions:  Update terminology and align with state/federal definitions  Manufactured housing preferred name vs. mobile home  Define a minimum size (5 or more manufactured homes)  Permit accessory uses within manufactured housing community  Childcare  Vending  Gatherings / trainings / classes 15 Misc. Code Changes 16 Other changes throughout the Code:  Numerous references to the new zone district  Identification for geographic or performance-based standards  Examples: Sign code, measuring building height, Council approval for APU process  Revise and substitute the current terms used for mobile home and mobile home park 15 16 Manufactured Housing, Presentation Packet Pg. 31 9 Next Steps 17 Zone District Implementation • P&Z Recommendation • City Council Adoption (two readings) Rezoning • Ongoing stakeholder discussions and analysis • P&Z Recommendation • City Council adoption (two readings) 18 RESOURCE SLIDES 17 18 Manufactured Housing, Presentation Packet Pg. 32 10 19 Existing Conditions - Density Community Zoning Size (ac.) Units DU/Acre Skyline LMN 25.68 172 6.69 Hickory Village LMN 30.31 204 6.73 North College (College Frontage) CS 12.84 150 11.68 North College (Rear Half) LMN 22.38 172 7.68 North College (Overall) CS/LMN 35.22 322 9.14 Stonecrest CS 2.26 24 10.61 North Star LMN 4.26 54 12.67 Harmony Village LMN 71.46 486 6.8 Pleasant Grove LMN 12.53 114 9.09 20 Existing Conditions – Perimeter Setbacks Community Perimeter Setbacks Skyline 20’ Hickory Village 0‐5’ (buildings off‐parcel: Soft Gold Park) North College 0‐5’ Stonecrest 0‐5’ North Star 10‐15’ Harmony Village 15‐20’ (side); 5‐10’ (rear) Pleasant Grove 0‐5’ 19 20 Manufactured Housing, Presentation Packet Pg. 33 11 21 Existing Conditions – Unit Separations Community Min. Unit Separations Skyline 10‐15’ (side to side); 15‐20’ (end to end) Hickory Village 20‐25’ (side to side); North College (Overall) 10‐20’ (side to side); 5‐15’ (end to end) Stonecrest 5‐10’ (side to side); North Star 10‐15’ (side to side); 0‐5’ (end to end) Harmony Village 15‐20’ (side to side); 10‐15’ (end to end) Pleasant Grove 15‐20’ some as low as 5’ from accessory buildings to unit (side to side) Resident Issues  Input shared by community organizations or collected by City staff  Issues or concerns vary by community 22  Fear of closure / housing instability  Utility billing transparency  Maintenance responsibilities (trees, amenities, snow)  Retaliation / harassment  Frequent rent increases  Evictions  Safety  Home sale restrictions  Management availability  Language equity  Frequent rule changes  Infrastructure conditions 21 22 Manufactured Housing, Presentation Packet Pg. 34 12 State Regulation: The Mobile Home Park Oversight Act • Colorado Mobile Home Park Act (1991, amended 2010) • Mobile Home Park Oversight Act (2019) • Creates a Mobile Home Park Act Dispute Resolution and Enforcement Program • Grants counties and municipalities the power to enact certain ordinances for MHCs • Extended the time period between the notice of nonpayment and termination of tenancy • Extended time to vacate after eviction order 23 23 Manufactured Housing, Presentation Packet Pg. 35