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HomeMy WebLinkAbout07/10/2020 - 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 Zoom Details Below Michael Hobbs Per Hogestad David Katz Jeff Schneider William Whitley Planning and Zoning Hearing will be held on Thursday, July 16, 2020, in City Hall Chambers. Regular Work Session July 10, 2020 Virtual Meeting Noon – 3:00 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/96656935206. 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 July 10, 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 kclaypool@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: 253-215-8782 or 346-248-7799, with Webinar ID: 966 5693 5206. (Continued on next page) Work Session Packet Pg. 1 City of Fort Collins Page 2 TOPICS: PROJECTED TIMES: Consent: 1. June Hearing Draft Minutes 12:00 – 12:05 Discussion: 2. Land Use Code changes for Manufactured Housing zone district (Mounce) 12:05 – 12:35 Policy and Legislation: • Annual Land Use Code Update (Beals) 12:35 – 1:25 Board Topics: • Home2Health and Affordable Housing Update (Overton/Van Zee/Ex) • Discussion regarding bylaws (Everette/Yatabe) • Transportation Board Liaison Update (York) 1:25 – 3:00 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 kclaypool@fcgov.com. The July 16 Planning and Zoning Board regular meeting will be held remotely and not in-person. Information on remotely participating in the July 16 Planning and Zoning regular meeting is contained in the agenda for the July 16 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 kclaypool@fcgov.com at least 24 hours prior to the July 16 meeting. Pursuant to City Council Ordinance 079, 2020, a determination has been made by the Chair after consultation with the City staff liaison that conducting the hearing using remote technology would be prudent due to the health emergency. Work Session Packet Pg. 2 Development Review Staff Report Work Session Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Board: July 10, 2020 Annual 2020, Revisions, Clarification and Additions to the Land Use Code Summary of Request This is an introduction to the proposed annual Land Use Code changes. This is the first half of the proposed revisions, clarifications and additions to the Code that address a variety of subject areas that have arisen since the last annual update in the Summer 2019. Next Steps • July Planning and Zoning Board Work Session • August Planning and Zoning Board Work Session • September Planning and Zoning Board Work Session • September Planning and Zoning Board Regular Meeting • Council Regular Hearing to be scheduled Applicant City of Fort Collins PO Box 580 Fort Collins, CO 80522 Staff Noah Beals, Senior City Planner-Zoning Contents 1. Introduction 2. Summary List Work Session Packet Pg. 3 2020 Annual Land Use Code Update Summary List of Proposed Changes Topic LUC Section Problem Statement Completed Staff Director clarification - Obsolete references 2.1.1 The current title of “Community Planning and Environmental Services Director” no longer exists within the City organization and needs to be updated to the current title of this previous position which is now the assigned “Community Development and Neighborhood Services Director”. Shawna Van Zee Minimal standards or appeals of Minor Amendment and Basic Development Reviews 2.2.10(A)(5) The basis of an appeal for a Type 1 or Type 2 decision are clear in the Municipal Code. The Land Use Code does not have minimum appeal standards for Minor Amendments and Basic Development Reviews. This would provide guidance for an appellant and the decision maker. Shawna Van Zee Clarifications to the PUD regulations 2.15 Council adopted the Land Use Code PUD regulations in 2018 and the PUD regulations have been utilized to approve one PUD, the Montava PUD, in 2020. During the extensive review process for the Montava PUD, several desired clarifications to the PUD regulations were noted. Brad Yatabe Single Family detached Landscape 3.2.1(A) The landscaping standards should apply to all development except for development on “all” lots for single-family detached dwellings, not only those on “existing” lots. Shawna Van Zee Garage door setback from alley/private street based on additional visitor parking being provided (if no street- parking available) 3.5.2, 3.6.2 Residential developments that front onto open space instead of a street, do not provide near-by on-street parking. Excessive parking then occurs in the private alleys, which are usually emergency access easements. Will Lindsey Annual LUC Updates 2020 Annual Land Use Code Update Connecting Walkways for Carriage House Access 3.5.2(D)(1)(a) Connecting walkways are required for all developments except detached single-family dwellings. This has allowed carriage houses to be built that are difficult to find and has created limited access to the public sidewalk for residents. Additionally, this is a concern for first responders, delivery personnel and other visitors. Noah Beals Delete lot depth dimension in Section 3.6.2 - Streets, Streetscapes, Alleys and Easements 3.6.2(G) Section 3.6.2 is an engineering-oriented section with requirements for street facilities per se. However, it contains one standard requiring lots abutting arterial streets to be at least 150 feet in depth. This is an obscure location for a lot dimension standard. It could invite the creation of a tract, presumably of any size, separating lots from the arterial right-of-way (one inch?) It is inconsistent with other standards that allow residential buildings to be as close as 15 feet from arterials. It could create complications and confusion in complying with standards that address plan layouts, lot sizes, densities, and setbacks which are found in zoning districts and in certain requirements in Article Three. Clark Mapes Obsolete Sign reference 3.8.7.1(G)(2)(f) In the prohibited signs and elements of the sign section, it includes an exception to a certain type of sign. This type of sign was referenced by the code section. The sign type was not approved, and the code section is not necessary. Noah Beals Sign Code, Applied Wall- Still 75% Width of Tenant 3.8.7.2(B) Table (B) In the sign section there are different types of signs that may attach to a building. Most of these sign types do not have a maximum width. In the Applied or Painted Wall sign table there is a maximum width. This restriction was left in place in error, as it was found that the maximum width for most signs was not necessary. The width of the sign is usually self-regulated based on other standards such as the allowed sign square footage and design of the building facade. 2020 Annual Land Use Code Update Sign Section, Clarity on Primary and Secondary Freestanding Signs 3.8.7.2(G) Table (G)(1) In the residential sign district, there are two different types of freestanding permanent signs. The first type is a Primary that can be 32sf in size and 5ft in height. The other type is a Secondary and the code states it be 32sf in size and 6ft in height. The purpose of most sign standards is to reduce sign clutter. In this case it was recognized that a second freestanding sign was necessary. However, the intent of a primary and secondary sign was to have one be subordinate to the other. In error the secondary sign dimensions were equal size and greater in height. Additional clean up to the table is necessary to bring the freestanding signs in alignment with the lighting type in the Residential Neighborhood Sign district. The proximity of this district to residential uses would direct lighting sources to be less impactful, the current code allowed any lighting type. Noah Beals Home Occupations, signage 3.8.3(4) The Home Occupation is prohibited exterior advertising, except for the identification of the home occupation. The resent sign code update deleted the term Home Occupation identification sign and replaced it with residential sign. It has left the Home Occupation section of the code unclear as to what type of sign is allowed. Noah Beals Extra Occupancy “Rental House" clarification 3.8.28 The Extra Occupancy Rental House regulations do not specify that the dwelling must be used as a rental. The Land Use Code also does not define “house” and that term is not applicable to the use. The Extra Occupancy Rental House uses tenant and owner language in multiple sections of the code. However, we do not regulate whether it is occupied by owners or renters. The LMN zone district also has a contradiction as to what level of review four occupants would go through. Shawna Van Zee Rooftop Decks, do they count as floor area NCM, NCL, NCB 4.6(D)(2)(b); 4.8(D)(2)(b); 4.9(D) The Land Use Code does not provide clarity as to whether or not rooftop decks count towards the allowable floor area on lots in NCM, NCL, and NCB. 2020 Annual Land Use Code Update Marijuana - Adding R&D use back into the Downtown Zone district 4.16(F)(2)(1) Within a resent code change, the Downtown Zone district was expanded. This expansion created additional sub-districts. Some of these sub- districts were existing zone district that included their own list of permitted uses. One of these new sub-districts is Innovation. The previous zone district that is zoned innovation included Medical Marijuana Research and Development. However, this use was left out inadvertently creating a nonconforming use. Noah Beals Second Kitchens Article 5 Definition of Dwelling Unit The Land Use Code does not currently provide any guidance on when it is acceptable allow for more than one kitchen in a dwelling unit and there is a lack of clarity for pre-existing second kitchens. At times, a second kitchen is allowed with an affidavit. Shawna Van Zee Clarify what constitutes a 'basement' for purposes of finding allowable floor area Article 5 Definition of Floor Area Basements are excluded from floor area for purposes of calculating floor area limits in zoning districts. In zoning districts other than the Old Town Neighborhoods zones, nothing states how much of a building must be underground in order to be excluded. This question has been explored and resolved in the Old Town Neighborhoods zones but was simply not considered as a needed provision citywide. Clark Mapes Annual LUC Updates Work Session Packet Pg. 7 1 7.10.2020 Home2Health Overview Meaghan Overton | City Planner Lindsay Ex | Housing Manager Objective: By June 2021, implement updates to policies, codes, and regulations to improve housing affordability with a specific emphasis on health equity Funding Source: Colorado Department of Public Health and Environment (CDPHE) Health Disparities Grant Program (HDGP) Amount and Timing: $795,657 in reimbursable grant funding over a two-year grant cycle (State Fiscal Year; July 2019-June 2021) More Information: ourcity.fcgov.com/home2health or home2health@fcgov.com Home2Health 2 1 2 Home2Health & Affordable Housing Updates Work Session Packet Pg. 8 2 The City has a great policy foundation to start from... • Affordable Housing Redevelopment Displacement Mitigation Strategy (2013) • Housing Affordability Policy Study (2014) • Affordable Housing Strategic Plan (2015) • Social Sustainability Strategic Plan (2016) • City Strategic Plan (2018) • City Plan (2019) Policy Foundation 3 ...and this grant will help us take action. • Year One (July 2019-June 2020): build capacity, have community conversations, analyze possible solutions, prepare to update Housing Plan • Year Two (July 2020-June 2021): continue community dialogue, draft Housing Plan, present potential changes to Land Use Code, Municipal Code, and associated programs/policies 4 Policy Foundation 3 4 Home2Health & Affordable Housing Updates Work Session Packet Pg. 9 3 Lead Departments: Planning and Development + Social Sustainability Partners: Stakeholders: Many! Including residents, City and community leaders, housing developers, builders, healthcare + social service providers, employers, philanthropy + nonprofit… 5 Partnership Selected Year 1 Accomplishments Engagement • Broader, more representative community conversations • New partnerships for community empowerment and engagement • Implementation of Language Justice and consistent translation/interpretation • Storytelling and Local Stories Night • Community Guide program Policy • Inclusionary Zoning (IZ) Feasibility Study and Impact Fee Nexus Study • Land Use Code Audit focus on housing • Initial scoping for update to Housing Plan • Health Impact Assessment of IZ and Impact Fee options 6 5 6 Home2Health & Affordable Housing Updates Work Session Packet Pg. 10 4 Housing Manager & Plan  (Interim) Housing Manager Success:  Clear goals, targets, strategies, roles, and terms  Internal structure, drivers, and roles to deliver  Updated housing plan  Housing Plan  Vision  Entire housing spectrum (expanded scope)  Council Ad-hoc Committee  Roles  Align with community goals (e.g., equity and inclusion, carbon neutrality, and more) 7 Council Ad Hoc Committee Goals – Set the Stage for the Housing Plan  Learning Space  Deep dive on best practices & data  Local, national, and international experts  Next Steps for Council Logistics  Resolution on July 21  Propose start in August  Meeting frequency/duration TBD  Throughout – note opportunities and tensions 8 Grounding Exploring Strategy Identification Next Steps 7 8 Home2Health & Affordable Housing Updates Work Session Packet Pg. 11 5 Ongoing Council Engagement* Implementation Proposed Timeline *Anticipate monthly memos, two to three Work Sessions, and Plan adoption in Spring of 2021 9 Council Ad Hoc Committee Q3 2020 Q4 2020 Q1 2021 Q2 2021 Beyond Housing Strategic Plan Next Steps  Additional listening sessions  2020 – 2021 Roadmap (Jul/Aug)  Ad Hoc Council Committee Resolution (Jul 21)  Council Work Session (Aug 25) 10 9 10 Home2Health & Affordable Housing Updates Work Session Packet Pg. 12 6 Listen & Discuss Questions to Consider  What would success look like?  Process  Outcomes  What role could / should local government play?  How to engage going forward  Planning and Zoning Board  Community overall  If nothing else, please… 11 12 Resource Slides 11 12 Home2Health & Affordable Housing Updates Work Session Packet Pg. 13 7 Hold on a minute. A health equity grant??? What role does the City have in people’s health? 13 The City’s role in health is clear: Municipal Code, Chapter 1: “...shall be held to be at least the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare…” Land Use Code, Article 1: “...all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the city.” 14 13 14 Home2Health & Affordable Housing Updates Work Session Packet Pg. 14 8 Ok, so what is health equity? The Robert Wood Johnson Foundation (RWJF) provides the following definition: “Health equity means that everyone has a fair and just opportunity to be as healthy as possible. This requires removing obstacles to health such as poverty, discrimination, and their consequences, including powerlessness and lack of access to good jobs with fair pay, quality education and housing, safe environments, and health care.” https://www.rwjf.org/en/library/research/2017/05/what-is-health-equity-.html 15 What factors determine the health of our community? Determinants of Health https://www.cdc.gov/nchhstp/socialdeterminants/faq.html 16 15 16 Home2Health & Affordable Housing Updates Work Session Packet Pg. 15 9 Genes & Biology (~10%) Medical Care (~15%) Health Behavior (~15%) Social and Society Characteristics, Physical Environment (~60%) Determinants of Health https://www.cdc.gov/nchhstp/socialdeterminants/faq.html 17 http://digital.denverlibrary.org/cdm/singleitem/collection/p16079coll39/i d/902/rec/2 https://www.historycolorado.org/story/colorado- voices/2019/01/29/seeing-red-unethical-practice-redlining-pueblo Historic Obstacles: Redlining 17 18 Home2Health & Affordable Housing Updates Work Session Packet Pg. 16 10 Historic Obstacles: Restrictive Covenants Slade Acres, 1948 (south of Mulberry at Sheldon Lake) - Restrictive Covenants 19 Historic Obstacles: Land Use Decisions Hang Your Wagon to a Star (2003 Advance Planning report, City of Fort Collins), Page 9 20 19 20 Home2Health & Affordable Housing Updates Work Session Packet Pg. 17 11 There are still health inequities in Fort Collins, and the places where inequities are most pronounced are also places that are likely to change dramatically over the next 20 years. Some of these changes could improve access to housing, jobs, transportation, and services but could also contribute to higher housing costs and/or displacement. But that was decades ago…right? City Plan, City of Fort Collins (2019) Health Outcome by Household Income Larimer County Health Survey - 2016 | Health District Area North Current Obstacles: Health Outcome Gaps 21 22 Home2Health & Affordable Housing Updates Work Session Packet Pg. 18 12 Average Home Price about $435,000 (2019) Average Rent about $1,400/month (2019) Current Obstacles: Housing Cost Burden Feasibility Study for Inclusionary Housing and Affordable Housing Linkage Fees, Economic & Planning 23 Systems, Inc. (EPS) (July 2020, in Draft) and City Plan Trends and Forces Report (2018) Current Obstacles: Lack of Supply 24 2019 (Q4): 58% City Plan Trends and Forces Report, City of Fort Collins (2018) 3,432 AFFORDABLE 4.8% UNITS, 2019 AFFORDABLE UNITS, 2019 23 24 Home2Health & Affordable Housing Updates Work Session Packet Pg. 19 13 25 City Plan Vision and Values 26 CDPHE Grant: Budget Breakdown Total Budget, Year 1: $397,843 25 26 Home2Health & Affordable Housing Updates Work Session Packet Pg. 20 By-Laws and Rules of Procedure Planning and Zoning Board City of Fort Collins, CO Article I - Introduction Section 1. These by-laws and rules of procedure have been adopted by the Planning and Zoning Board and shall supersede any by-laws or rules of procedure previously in effect. These by-laws and rules of procedure are designed and intended to inform all residents of the City and other interested persons about the operation of the Planning and Zoning Board. These by-laws and rules of procedure meet the requirements for the adoption of same as set forth in the City of Fort Collins "Boards and Commissions Manual," and are intended to be applied in conjunction with all of its requirements and provisions. It is hoped that through the use of these by-laws and rules of procedure that the Planning and Zoning Board can effectively carry out its obligation to the City Council that each and every matter to come before the Board will receive a fair and reasonable hearing. Board". Section 2. The official title of this Board shall be the "Planning and Zoning Article II - Membership and Officers Section 1. The Planning and Zoning Board shall be comprised of a membership determined by the charter and codes of the City. Section 2. The officers of the Board shall be a Chairperson and a Vice- Chairperson. No officer shall be eligible to serve for more than two consecutive terms in the same office. Section 3. The election of the Chairperson and Vice-Chairperson shall be held at the regular meeting of the Board in February of each year. Section 4. The Plannlng Director of the City of Fort Collins shall serve as Secretary of the Board. Section 5. A vacancy in the office of Chairperson shall be filled automatically by the Vice-Chairperson and a new Vice-Chairperson shall be elected at the next regular meeting of the Board from among the members. A vacancy in the office of Vice- Chairperson shall be filled at the next regular meeting of the Board by election from among the members. The officers so elected shall serve until the next annual meeting in January. Planning and Zoning Board By-Laws Page 1 P&Z Board By-Laws Work Session Packet Pg. 21 Article Ill -Duties of Officers Section 1. The Chairperson shall preside at all regular, special or adjourned meetings of the Board and shall, subject to these by-laws and rules of procedure, decide all points of procedure unless otherwise directed by a majority of the members there present and in session. Section 2. The Vice-Chairperson shall assume the duties and responsibilities of the Chairperson in the event the Chairperson is absent or unable to perform. The Vice-Chairperson, with the Chairperson and staff assistance, is responsible for an orientation program provided for new Planning and Zoning Board members. Section 3. The secretary shall keep or cause to be kept all records of the Board and shall transmit all appropriate records to the City Clerk to become a part of the official City record. The Secretary, subject to the direction of the Board and its Chairperson, shall prepare or have prepared all correspondence of the Board; receive and file all matters referred to the Board; send out all notices required by law, ordinance, these rules or as requested by the Board; scrutinize all matters to insure that these rules are complied with; prepare and keep calendar, dockets and minutes of the Board's proceedings; retain in the records the original papers acted upon by the Board; keep all records, files and indices required by the Board. Article IV -Meetings Section 1. The Secretary shall prepare or cause to be prepared an agenda for every regular, adjourned or special meeting of the Board subject to the review and approval of the Chairperson. Section 2. The regular meetings of the Board shall be held on the third Thursday of each month at 6:00 p.m. in the Council Chambers, City Hall, Fort Collins, Colorado or, after timely notice, at such time and place within the City of Fort Collins as the Chairperson shall designate. The regular monthly Work Session shall be held during the week on Friday, unless otherwise scheduled, preceding the third Thursday of the month. Section 3. The regular meeting in February of each year shall be considered the annual meeting. Section 4. Any regular meeting may be adjourned and reconvened at a time and in a place determined by a majority of the members there present in the session. Section 5. Special meetings may be called by the Chairperson, or by the Secretary at the request of two members, provided that notice of the same including a listing of all items to be considered shall be delivered to each member of the Board or to his or her residence at least forty-eight hours prior to the time set for such meeting; providing further, however, that announcement of a special meeting at any meeting at which all members are present shall be sufficient notice of such meeting. Formal action taken at a special meeting called in accordance with this rule shall be considered as though it were taken in regular meeting for those, and only those matters referred to in the call for the meeting. Planning and Zoning Board By-Laws Page2 P&Z Board By-Laws Work Session Packet Pg. 22 Section 6. All meetings of the Board shall be open to the public, except those executive sessions as are authorized pursuantto Section 2-71(b) of the City Code. Section 7. All meetings of the Board shall require a quorum to be present and in session before official and formal action can be taken on any matter. A quorum is defined for the purposes of these by-laws and rules of procedure as any four members. The Vice-Chairperson shall preside in the absence of the Chairperson. Where both the Chairperson and Vice-Chairperson are absent, those members present through a majority vote shall select a member to preside over that meeting. Section 8. The Chairperson may from time to time call work session meetings for the purpose of receiving information, hearing presentations and discussing information provided; however, no formal action may be taken. Section 9. call vote. Voting at a regular, adjourned, or special meeting shall be by a roll Section 10. Any member shall request of the Chairperson to be excused from the discussion and voting on any matter before the Board in which the member feels there is a personal or financial conflict of interest. The Chairperson may require a member to be excused from the discussion and voting if in the Chairperson's opinion a personal or financial conflict of interest. A majority of members present and voting, excluding the Chairperson, may require the Chairperson to be excused from the discussion and voting if in the majority's opinion a personal interest exists. Any such exclusion shall be noted in the official minutes of the meeting. If needed to help constitute a quorum, such excluded member may remain present in the chamber. If not needed to constitute a quorum, such excluded member must depart the chamber. Section 11. The order of business for all meetings shall be the order as it appears in the agenda except that the Chairperson may under special circumstances rearrange the order of business unless otherwise directed by a majority of the members present and voting. Section 12. The Secretary shall keep or cause to be kept minutes and keep the same recorded to date, showing all important facts pertaining to each meeting and hearing, the vote of each member upon each matter and the record of those absent or abstaining, and such other details as the Board or its Chairperson shall direct. The minutes of each meeting shall be approved by the Board at its next regular meeting. Section 13. The Secretary shall prepare or cause to be prepared the transmittal of official and formal actions of the Board to the City Manager's office for scheduling before the Fort Collins City Council. Article V - Committees Section 1. There shall be no standing committee of the Board. Section 2. The Chairperson may from time to time create such ad-hoc committees as he or she may deem appropriate for special study or review unless directed otherwise by a majority of the members present and in session at any regular, adjourned or special meeting by the Board. Planning and Zoning Board By-Laws Page3 P&Z Board By-Laws Work Session Packet Pg. 23 Section 3. The Chairperson shall appoint all ad-hoc committee members and shall appoint a committee Chairperson which shall be a member of the Board, provided, however, that no member shall be required to serve on more than two committees simultaneously or as Chairperson of more than one committee. Section 4. Any committees created under this Article will be required to file a final report with the Board and shall be deemed to be disbanded upon the filing and acceptance of such report with the Board. Section 5. The Chairperson and Vice-Chairperson of the Board will automatically become ex-officio members of all committees created under this Article. Article VI - Amendments Section 1. These rules may be amended by a majority of the members present and voting at any regular meeting provided that notice in writing has been given to each member at least ten days prior to such meeting or provided such amendment was read at the last preceding regular meeting of the Board. Section 2. Any rule of these by-laws and rules of procedure may be suspended at any regular, adjourned or special meeting by a majority of the members present and voting at any regular meeting. APPROVED by the Board at their January 12, 2017, hearing. Planning and Zoning Board By-Laws Page4 P&Z Board By-Laws Work Session Packet Pg. 24 Need to provide clarity that rooftop decks do not count towards to allowable floor area. Shawna Van Zee Annual LUC Updates Work Session Packet Pg. 6 Noah Beals Annual LUC Updates Work Session Packet Pg. 5 Work Session Packet Pg. 4