HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2021 - FIRST READING OF ORDINANCE NO. 048, 2021, MAKING V Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY March 16, 2021
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 048, 2021, Making Various Amendments to the City of Fort Collins Land Use
Code.
EXECUTIVE SUMMARY
The purpose of this item is to make amendments to the Land Use Code (“LUC”) to: (1) clarify the appeal
process to the Planning and Zoning Board for minor amendments, changes of use, and basic development
review; and (2) allow one additional kitchen within a dwelling unit. These changes were separated out from the
annual update in December of 2020 to provide greater public input and refinement of the proposed Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The LUC was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis
to make changes, additions, deletions, and clarifications. The proposed changes are offered to resolve
implementation issues and to continuously improve both the overall quality and user friendliness of the LUC.
Additional details regarding the changes are contained in the attachments to this Agenda Item Summary.
Two changes are proposed: (1) clarification of the appeal process to the Planning and Zoning Board for minor
amendments, changes of use, and basic development review, and (2) standards that allow one additional
kitchen within a dwelling unit (see attached summary). These include changes to the following areas:
• Article 2 Sections: 2.2.10; 2.2.12; 2.11.1; 2.18.3
• Article 3 Section: 3.5.2
• Article 5 Section 5.1.2
BOARD / COMMISSION RECOMMENDATION
At the November 5, 2020 regular hearing, the Planning and Zoning Board unanimously recommended Council
adopt the annual LUC revisions with the direction that the two proposed LUC amendments be separated from
the annual revisions and receive further public outreach.
These two items were set aside from the annual list and brought before the Planning and Zoning Board for a
second time on December 17, 2020. The Planning and Zoning Board made additional edits during the
meeting and voted unanimously to recommend that Council adopt the two proposed LUC revisions.
Agenda Item 14
Item # 14 Page 2
PUBLIC OUTREACH
In preparation for the Planning and Zoning Board public hearing, these revisions were discussed at the July,
August, September and October work sessions of the Planning and Zoning Board and posted on a City
webpage dedicated to LUC updates. This webpage was advertised on the "This Week in Development
Review" webpage, and in a weekly online newsletter that is sent to approximately 435 subscribers. The
webpage allows a reader to view the updates and provide feedback on any of the changes.
After the November 5, 2020, Planning and Zoning Board meeting additional public meetings were held. Office
hours were scheduled during the day for public to sign up and discuss the Code changes. Also, a public
meeting was scheduled at night where staff presented the changes and engaged with those in attendance to
hear comments and answer questions.
ATTACHMENTS
1. Summary of Code Updates (PDF)
2. Planning and Zoning Board Minutes (PDF)
1
Minimal standards
or appeals of Minor
Amendment and
Basic Development
Reviews
2.2.10; 2.2.12;
2.11.1; 2.18.3
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.
Provide a clear process for an appeal of a Basic
Development Review and Minor Amendment and
requires notification for Minor Amendments.
2 Second Kitchens 3.5.2(H); 5.1.2
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.
Create standards to clarify how a second kitchen
may be integrated into a dwelling without creating
a second dwelling unit
Item
Number Topic LUC Sections Problem Statement Proposed Solution
Summary of Land Use Code Changes ATTACHMENT 1
DocuSign Envelope ID: B7223DDO-FD6A-4FA5-B773-437AE63AB68E
Jeff Hansen, Chair
Michelle Haefele, Vice Chair
Per Hogestad
David Katz
Jeff Schneider
Ted Shepard William Whitley
Virtual Hearing
Zoom Webinar
Cablecast on FCTV Channel 14 &
Channel 881 on Comcast
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Hearing
December 17, 2020
Chair Hansen called the meeting to order at 6:05 p.m.
Roll Call:
Absent:
Staff Present:
Haefele, Hansen. Hogestad, Katz, Schneider, Shepard, Whitley
None
Sizemore, Yatabe, Wray, Lindsey, Beals, Stephens, Claypool, Myers, Betley, Virata, Benton,
Mehaffey and Manno
Chair Hansen provided background on the board's role and what the audience could expect as to the order of
business. He described the following procedures:
•While the City staff provides comprehensive information about each project under consideration, citizen
input is valued and appreciated.•The Board is here to listen to citizen comments. Each citizen may address the Board once for each item.•Decisions on development projects are based on judgment of compliance or non-compliance with city LandUse Code.•Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowedfor that as well.•This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that
everyone who wishes to speak can be heard.
Agenda Review
Interim CDNS Director Sizemore reviewed the items on the Consent and Discussion Agendas stating all items will
be heard as originally advertised..........
ATTACHMENT 1
DocuSign Envelope IID: B7223DDO-FD6A-4F�B773-437 AE63AB68E
Planning & Zoning Board
December 17, 2020
Page 5 of 10
Project Description: This is a request for a recommendation to City Council regarding two changes to the Land
Use Code. These two changes are described as follo,ws: Regulations to allow a second kitchen in a dwelling unit
without increasing the occupancy limits and standards for an appeal of a Minor Amendment and Basic
Development Review application. These two items were part of the annual Land Use Code update but have been
separated out for additional consideration.
Recommendation: Approval
Manno stated staff has received an email from Lisa (no last name given) regarding the allowance of second
kitchens, and email from Jeff Goodell regarding the allowance of second kitchens, an email from Meg Dunn
regarding the allowance of second kitchens as welt as an increase in occupancy limits as it pertains to You Plus
Two (U+2), and an email from Vice Chair Haefele regarding updates to the Land Use Code Minor Amendment section.
Staff and Applicant Presentations
Noah Beals, Interim Development Review Manager, reviewed the timeline and circumstances around the separate
consideration of these two Land Use Code changes. He discussed changes made since the work session,
including adding the ability for someone who made comment , either written or verbal, at a public meeting to appeal
a minor amendment and adding a notification requirement for abuttrng property owners for minor amendments.
Vice Chair Haefele noted the notification requirement is for a smaller radius than what would have been required for
the original project. Beals replied that is due to the fact that minor amendments often have a lesser impact that an
original plan. He noted minor amendments do not change the character of a development.
Member Hogestad asked if the notification would go out prior to a decision being made on a minor amendment.
Beals replied in the affirmative.
Member Shepard noted an individual who receives notification would be eligible to file an appeal for a PDP. Beals
concurred.
Chair Hansen asked about the notification area for a minor amendment. Beals replied it would be the abutting
properties of the subject property.
Member Shepard requested clarification regarding whether a public street can be crossed to create an abutting
property. Beals replied that is the way the Code is written.
Member Shepard asked how many minor amendments are processed each year. Beals replied almost 100 minor
amendments are processed per year.
Regarding the item related to second kitchens, Beals stated the Land Use Code does not currently provide any
guidance as to when they are acceptable. He stated they are frequently requested and currently allowed with an
affidavit. He stated the proposed Land Use Code language would allow a second kitchen when both kitchens are
accessible to all occupants of the dwelling unit, that neither kitchen is located in an accessory building, and that
both kitchens have non-separated, continuous open access with no locked doors separating them from the rest of
the dwelling unit. He noted this change would not allow for increased occupancy and all occupancy violations will be addressed by Code Compliance officers.
Member Shepard asked if the second kitchen would be noted on building permits and flagged should a future
property owner want to create a separate entrance dividing off one of the kitchens. Beals replied in the affirmative.
Vice Chair Haefele asked how many minor amendments have been appealed. Beals replied he would look that up.
Public Input (3 minutes per person)
5. Land Use Code Amendments
DocuSign Envelope ID: B7223DDO-FD6A-4FA5-B773-437 AE63AB68E
Planning & Zoning Board
December 17, 2020
Page 8 of 10
Vice Chair Haefele suggested not requiring an affidavit to add a hand-carried plug-in appliance and stated a second
range/oven should not be allowed even with an affidavit as that would essentially be creating a second dwelling
unit. She stated that type of installation should trigger an inspection to ensure a second dwelling unit is not being
created.
Member Schneider commented on specific instances wherein a second kitchen would be used and stated Code
language should be written to allow individuals attempting to follow the rules to do so. He stated anyone pulling a
building permit would automatically go through an inspection process.
Vice Chair Haefele expressed concern the language would enable someone, through the signing of an affidavit, to
build a second kitchen.
Chair Hansen clarified it would be a building permit with an affidavit attached. He stated there is no Land Use Code
change that will prevent a dishonest person from installing a second kitchen and stated any change should be
designed to not discourage an individual from getting a building permit.
Member Shepard suggested utilizing the affidavit for a kitchen with a range/oven as well as a minor amendment,
which would now require notification with this Land Use Code change.
Chair Hansen questioned how neighbors would be notified of a second kitchen in a new ground-up residence.
Member Shepard replied it could still be ·triggered by the building plan reviewer and then a minor amendment,
which would require notification.
Vice Chair Haefele stated Member Shepard's suggestion is reasonable and stated small appliances should be
removed from the definition of a second kitchen.
Beals discussed the necessary language changes.
Member Schneider discussed Building Code definitions of range, oven, and cooktop and noted it will be important
for the definitions to match.
(**Secretary's Note: The Board took a brief recess at this point in the meeting and a roll call was taken at its
conclusion.)
Beals presented the new proposed Code language and Members discussed wording changes.
Member Schnelder made a motion that the Fort Collins Planning and Zoning Board recommend approval to
City Council of Land Use Code changes to Artlcle 2, Section 2.2.10, 2.2.12, 2.11 and 2.18.3, Article 3,
Section 3.5.2, and Section 5.1.2 as amended based on the findings of fact, discussion at this hearing and
the work session, and materlals provided by staff. Member Shepard seconded the motion.
Members Shepard and Schneider commended staff for their work on this item.
Member Schneider state d these changes will be an improvement.
Vice Chair Haefele stated the amendments made by the Board are an improvement.
Chair Hansen stated the minor amendment change, in particular, will help keep the community at large and the
development community on more equal footing.
Vote: 7:0.
Other Business
Vice Chair Haefele commented on the need for an ombudsman who is knowledgeable about the City's Land Use
Code and the planning process to work with residents in the same way planners work with development
applicants...........
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ORDINANCE NO. 048, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE
CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the “Land Use Code”); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use
Code and identified and explored various issues related to the Land Use Code and have made
recommendations to the Council regarding such issues; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
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 2.2.10(A)(5) of the Land Use Code is hereby amended to
read as follows:
2.2.10 Step 10: Amendments and Changes of Use
(A) Minor Amendments and Changes of Use. (1) Minor amendments to any approved
development plan, including any Overall Development Plan, Project Development Plan,
or PUD Master Plan, any site specific development plan, or the existing condition of a
platted property; and (2) Changes of use, either of which meet the applicable criteria of
below subsections 2.2.10(A)(1) or 2.2.10(A)(2), may be approved, approved with
conditions, or denied administratively by the Director and may be authorized without
additional public hearings. With the exception of PUD Master Plans, such minor
amendments and changes of use may be authorized by the Director as long as the
development plan, as so amended, continues to comply with the standards of this Code to
the extent reasonably feasible. PUD Master Plan Minor amendments may be authorized
by the Director as long as the PUD Master Plan, as so amended, continues to comply with
the standards of this Code, as such standards may have been modified in the existing
PUD Master Plan, and so long as the amendments are consistent with the existing PUD
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Master Plan. Minor amendments and changes of use shall only consist of any or all of the
following:
. . .
(5) Notification. Written notice must be mailed to the owners of record of all real
property abutting the property that is the subject of the minor amendment
application at least fourteen (14) calendar days prior to the Director’s decision.
(56) Appeals. Applicable pursuant to Section 2.2.12(C). Appeals of the decision of the
Director regarding the approval, approval with conditions or denial of, a change
of use, or a minor amendment of any approved development plan, site specific
development plan, or the existing condition of a platted property, shall be to the
Planning and Zoning Board. Any such appeal shall be taken by filing a notice of
appeal of the final decision with the Director within fourteen (14) days after the
action that is the subject of the appeal. The decision of the Planning and Zoning
Board on such appeals shall constitute a final decision appealable pursuant to
Section 2.2.12 (Step 12).
Section 3. That Section 2.2.12 of the Land Use Code is hereby amended to read as
follows:
2.2.12 Step 12: Appeals/Alternate Review
(A) Appeals. Appeals of any final decision of a decision maker under this Code shall be only
in accordance with Chapter 2, Article II, Division 3 of the City Code, unless otherwise
provided in this Section or Division 2 Divisions 2.3 through 2.11 and 2.16, 2.18, and 2.19
of this Code.
. . .
(C) Appeal of Minor Amendment, Changes of Use, and Basic Development Review Decisions
by the Director. The Director’s final decision on a minor amendment or change of use
application pursuant to Section 2.2.10(A) or basic development review application
pursuant to Division 2.18 may be appealed to the Planning and Zoning Board as follows:
(1) Parties Eligible to File Appeal. The following parties are eligible to appeal the
Director’s final decision on a minor amendment, change of use, or basic
development review application:
(a) The applicant that submitted the application subject to the Director’s final
decision;
(b) Any party holding an ownership or possessory interest in the real or
personal property that was the subject of the final decision;
(c) Any person to whom or organization to which the City mailed notice of
the final decision;
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(d) Any person or organization that provided written comments to the
appropriate City staff for delivery to the Director prior to the final
decision; and
(e) Any person or organization that provided written comments to the
appropriate City staff for delivery to the decision maker prior to the final
decision on the project development plan or final plan being amended or
provided spoken comments to the decision maker at the public hearing
where such final decision was made.
(2) Filing Notice of Appeal. An appeal shall be commenced by filing a notice of
appeal with the Director within fourteen (14) calendar days after the date the
written final decision is made that is the subject of the appeal. Such notice of
appeal shall be on a form provided by the Director, shall be signed by each person
joining the appeal (“appellant”), and shall include the following:
(a) A copy of the Director’s final decision being appealed;
(b) The name, address, email address, and telephone number of each appellant
and a description why each appellant is eligible to appeal the final decision
pursuant to Subsection (C)(1) above;
(c) The specific Land Use Code provision(s) the Director failed to properly
interpret and apply and the specific allegation(s) of error and/or the
specific Land Use Code procedure(s) not followed that harmed the
appellant(s) and the nature of the harm; and
(d) In the case of an appeal filed by more than one (1) person, the name,
address, email address and telephone number of one (1) such person who
shall be authorized to receive, on behalf of all persons joining the appeal,
any notice required to be mailed by the City to the appellant.
(3) Scheduling of Appeal. A public hearing shall be scheduled before the Planning
and Zoning Board within sixty (60) calendar days of a notice of appeal being deemed
complete unless the Planning and Zoning Board adopts a motion granting an extension of
such time period.
(4) Notice. Once a hearing date before the Planning and Zoning Board has been
determined, the Director shall mail written notice pursuant to Section 2.2.6(A).
Notice requirements set forth in Section 2.2.6(B)-(D) shall not apply. The mailed
notice shall inform recipients of:
(a) The subject of the appeal;
(b) The date, time, and place of the appeal hearing;
(c) The opportunity of the recipient and members of the public to appear at
the hearing and address the Planning and Zoning Board; and
(d) How the notice of appeal can be viewed on the City’s website.
(5) Planning and Zoning Board Hearing and Decision.
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(a) The Planning and Zoning Board shall hold a public hearing pursuant to
Section 2.2.7 to decide the appeal, and City staff shall prepare a staff
report for the Planning and Zoning Board. The notice of appeal, copy of
the Director’s final decision, and the application and all application
materials submitted to the Director shall be provided to the Planning and
Zoning Board for its consideration at the hearing.
(b) The hearing shall be considered a new, or de novo, hearing at which the
Planning and Zoning Board shall not be restricted to reviewing only the
allegations of error listed in the notice of appeal, the Planning and Zoning
Board shall not give deference to the Director’s final decision being
appealed, and the applicant shall have the burden of establishing that the
application complies with all relevant Land Use Code provisions and
should be granted. The applicant, appellant or appellants, members of the
public, and City staff may provide information to the Planning and Zoning
Board for its consideration at the appeal hearing that was not provided to
the Director for his or her consideration in making the final decision being
appealed.
(c) The Planning and Zoning Board shall review the application that is the
subject of the appeal for compliance with all applicable Land Use Code
standards and may uphold, overturn, or modify the decision being
appealed at the conclusion of the hearing and may impose conditions in
the same manner as the Director pursuant to Section 2.2.10(A) and
Division 2.18. The Planning and Zoning Board decision shall constitute a
final decision appealable to City Council pursuant to Section 2.2.12(A).
Section 4. That Section 2.11.1(A) of the Land Use Code is hereby amended to read
as follows:
DIVISION 2.11 APPEAL FROM ADMINISTRATIVE DECISIONS TO THE
ZONING BOARD OF APPEALS
2.11.1 Purpose and Applicability
(A) Purpose. The purpose of this Division is to provide for appeals of certain
administrative/city staff decisions to the Zoning Board of Appeals. Appeals to the
Planning and Zoning Board of Minor Amendment and Change of Use and Basic
Development Review decisions made by the Director are addressed in Section
2.2.12(C).
. . .
Section 5. That Section 2.18.3(L) of the Land Use Code is hereby amended to read as
follows:
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
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An application for a Basic Development Review or Minor Subdivision shall be processed
according to, in compliance with, and subject to the provisions contained in Division 2.1 and
Steps (1) through (12) of the Common Development Review Procedures (Sections 2.2.1 through
2.2.12, inclusive), as follows:
. . .
(L) Step 12 (Appeals): Applicable pursuant to Section 2.2.12(C). Applicable and in
explanation thereof, appeals of the decision of the Director regarding approval,
approval with conditions or denial of a Basic Development Review and Minor
Subdivision shall be to the Planning and Zoning Board. Any such appeal shall be
taken by filing a notice of appeal of the final decision of the Director within 14
days after the action that is the subject of the appeal. The appeal hearing with the
Planning and Zoning Board shall be considered a new, or de novo, hearing. The
decision of the Planning and Zoning Board on such appeals shall constitute a final
decision appealable to City Council pursuant to Section 2.2.12 (Step 12).
Section 6. That Section 3.5.2 of the Land Use Code is hereby amended by the
addition of a new subparagraph (H) which reads in its entirety as follows:
3.5.2 Residential Building Standards
. . .
(H) Second Kitchen. A maximum of one additional kitchen may be established inside a dwelling
unit without creating an additional dwelling unit if approved through a minor amendment
pursuant to Section 2.2.10 and the following standards are met:
(1) That both kitchens are accessible to all occupants of the dwelling unit;
(2) That both kitchens have non-separated, continuous, and open access with no
locked doors separating the kitchens from the rest of the dwelling unit; and
(3) That neither kitchen is located in an accessory building.
The property owner of a dwelling unit in which a second kitchen is approved by the
Director shall prior to issuance of a building permit sign and record with the Larimer
County Clerk and Recorder a notarized affidavit stating that the second kitchen will not
be used for a second dwelling unit and the property owner acknowledges and agrees that
the dwelling shall only be used as a single-family dwelling.
Section 7. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Kitchen” which reads in its entirety as follows:
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Kitchen shall mean a portion of a dwelling unit used, or designated to be used for, the
purposes of cooking, preserving, or otherwise preparing food and contains a range or
a combination of a cook-top and oven. An area of a dwelling unit with a cooking
appliance that is not a range or combination of a cook-top and oven, such as a microwave
or hot-plate, is not a kitchen.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2021, and to be presented for final passage on the 20th day of April, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of April, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk